Loading...
HomeMy WebLinkAbout1994-02-14MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, February 14, 1994 Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Leipzig, Sullivan ABSENT: Silva, Robitaille, Winchell (absent at 5:00 portion) CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956(a) to confer with its attorney regarding pending litigation - Dominic Alvarez v. the City of Huntington Beach - US.DCC 91-2337MRP. (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - Redevelopment Agency v. Goodman, et al - OCSCC 699946. (400.50) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding Labor Relations Matters -Meet and Confer. (120.80) RECESS -RECONVENE The Mayor called a recess of Council at 5:10 p.m. The meeting was reconvened at 5:55 p.m. A videotape recording of this meeting is on file in the City Clerk's Office. PLEDGE OF ALLEGIANCE The pledge of allegiance was lead by Mayor Moulton -Patterson. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan ABSENT: Wnchell PUBLIC COMMENTS RE: CITY COUNCIL COMMENT LETTER ON DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA PROJECT LOCAL COASTAL PROGRAM George Arnold spoke in support of preservation of the wetlands and beaches for park and recreation uses. He stated it would take more than one contractor for a development of that size. Page 2 - Council/Agency Minutes - 2/14/94 Steven Anderson, Bolsa Chica Alliance representative and Community Forum Huntington Beach representative, spoke in support of the Bolsa Chica Coalition Plan, homes that blend with the area, Linear Park, creation of new jobs, new customers for Huntington Beach businesses, upgrades to transportation system and increased tax revenue. He proposed that the groups in opposition to this development lay out their alternative plans including funding sources, plans for restoration and development if any, costs and schedules as he has not heard their plan. He requested that the issue be put on the ballot to determine what the people want. He also stated that too many city resources are being used on this project that would be better focused on crime, business retention and development, youth and senior recreation, control and reduction in the cost of government, completion and improvement downtown, and traffic circulation. Chuck Barbara, Bolsa Chica Alliance representative, spoke in support of development of the Bolsa Chica area. He stated that there has been too much furor and waste of money when the landowner wants to pay to restore the wetlands in order to build on his own property. Michael Guest, Bolsa Chica Alliance representative, spoke in support of the development of the Bolsa Chica area and stated that if the Koll Company does not get permits to build in the lowlands, there will be no restoration of the wetlands. He stated that Koll Company has the plan, land and money to restore the wetlands and is willing to give seven hundred and seventy-five acres of private property to the public. He offered to give tours of the wetlands to interested parties. Paul Guptill, geologist, spoke in response to misleading geological information he has heard at Council meetings. He stated that the potential for earthquake liquefaction and faulting is a condition that is present in most of Orange County. He stated that the liquefaction potential is in the lowland area only and that buildings can be engineered to mitigate the liquefaction problem. Ernest Bartolo spoke in opposition to the uproar about bone fragments in the area. He stated that bones in a flood plane probably originated in Riverside or Pomona. He spoke in support of working with the developer in order to get the wetlands restored. He spoke in opposition to the atmosphere in the downtown area as being too youth oriented. He distributed a communication to Council. Nicole Alkov, Vista View Middle School student, spoke regarding a report she prepared in support of the Koll Company Plan to restore the Bolsa Chica as there is no private money to restore the wetlands. Terrie Restivo, National American Indian Movement Sacred Sites Committee representative, spoke in support of the preservation of the Bolsa Chica as a cultural resource and listed inadequacies in the Environmental Impact Report regarding human burials and destruction of ancestral cemeteries. She urged the Council to request a grand jury investigation. Jim Velasques, Gabrielino Indians Local Coastal Chief, spoke in support of grand jury investigation in fairness to the Koll Company and to the Native Americans. He stated that he found out about the burials from the news media and was not officially notified. Paul Horgan spoke in opposition to the development on the Bolsa Chica. He stated that the area is not zoned residential, tidelands should be preserved, roads built by Koll Company causing problems, hazardous waste dumped on Otay Mesa not mitigated, and differences in what the Koll Company has said about the human burials. Alan Pyeatt, spoke in support of the preservation of the Bolsa Chica as a cultural resource for the Native American Indians and in support for a grand jury investigation. Scott Runge spoke in opposition to the Koll Company restoration of the Bolsa Chica. He stated that the Koll Company is only offering to restore the wetlands if they are allowed to build on the wetlands. He stated that he did not believe the Koll Company will get authorization to build on the wetlands and therefore will not restore the wetlands. Juana Mueller spoke in support of a grand jury investigation due to the cultural resources in the area and the 038 fact that much of the archeological reports are not included in the Environmental Impact Report. Page 3 - Council/Agency Minutes - 2/14/94 Ed Kerins, Huntington Beach Tomorrow President, spoke in support of how the Council is handling the Environmental Impact Report process. He stated that the EIR is inadequate as it does not address the fiscal impact on city resources. He stated that a response was prepared by the Huntington Beach Tomorrow members to the county requesting that they address the fiscal impacts on the City of Huntington Beach if the proposed development is not annexed to the city, fiscal impacts if the area is annexed to the city in the future, where will funds come from to mitigate use of city resources, and will developer pay for Huntington Beach fiscal report or will taxpayers. He requested that the city respond to these issues if the county does not. Robert Winchell, California State University, Department of Geological Sciences professor, spoke in opposition to development on the Bolsa Chica wetlands regarding the liquefaction potential and stated that shaking effects cause 90% to 100% of damage in an earthquake. He commended the Council for their efforts in preparation of the response to the county's Draft Environmental Impact Report. David Glazer spoke in support of the Koll Company development on the Bolsa Chica. He stated that it would be the best thing for the state and the county and that the environmentalists do not represent the majority of the people. (City Council)= CITY COUNCIL COMMENT LETTER ON THE DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA PROJECT LOCAL COASTAL PROGRAM - APPROVED - STAFF DIRECTED TO TRANSMIT TO ORANGE COUNTY (440.60) The City Clerk presented a communication from the City Administrator regarding the review by city staff, in coordination with consulting firms, of the Draft Environmental Impact Report for the Bolsa Chica Plan and transmitting for City Council review and approval the final draft of the City's Comment Letter on the Draft Environmental Impact Report. The Assistant City Administrator presented a staff report summarizing the nature of the documents to be submitted to the County of Orange by Friday, February 18, 1994. He stated that a copy of the transcript has been prepared and distributed to the Council and a copy to the City Clerk's Office today for public review if so desired. The Assistant City Administrator stated that after this meeting he would be provide five copies of the final draft document of the City's Comments on the Draft Environmental Impact Report to the City Clerk's Office for public review along with a cover memo regarding the Revised Comment Letter from Steven A. Roseman and Roger Holt, Attorneys, dated, February 14, 1994, which was provided to the City Attorney and will be given to the City Clerk. Steven Roseman, Ervin, Cohen and Jessup Law Office representative, presented a staff report regarding serious deficiencies of the Environmental Impact Report under state law. He stated that the purpose of the EIR is to inform the public and decision makers of environmental consequences of their actions before they reach ecological points of no return. He listed deficiencies relating to the document not being easy for the lay public to understand, overall poor organization, inconsistent descriptions of project, deprives the public of meaningful input, deprives Board of Supervisors of full knowledge of consequences, no alternative analysis prepared to reduce or mitigate the environmental impacts, inadequate alternative location analysis prepared for proposed project, use of 1986 Land Use Plan not current and fiscal impact to the city not addressed. Discussion was held by Council and staff regarding inadequate, inaccurate and misleading information contained in the county Draft Environmental Impact Report, opposition to proposed density for the area, the threat of household pets on wildlife, effect of proposed ocean inlet on erosion of beach, effect on water circulation, traffic impacts, and cultural and recreation impacts. Councilmember Robitaille requested a staff report on the amount of money that will be spent on legal fees relating to the Environmental Impact Report and the amount of staff time spent on this project. The City Administrator responded that a report would be prepared. 039 Page 4 - Council/Agency Minutes - 2/14/94 Steven Roseman, Ervin, Cohen and Jessup Law Office representative, reported that a request was included in the city's response to the county Environmental Impact Report, to add a mitigation measure to require the developer of the project to pay to the city the cost of impacts on the city from the project which goes beyond city services to include infrastructure impacts on roads, capital costs, etc. prior to the issuance of building permits. A motion was made by Leipzig, seconded by Bauer, to direct staff to submit the City's Comment Letter on the Bolsa Chica Draft Environmental Impact Report and direct staff to forward it to the County of Orange by Friday, February 18, 1994. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: Winchell (City Council) STATUS REPORT ON REVIEW OF ARCHEOLOGICAL RESEARCH ON BOLSA CHICA MESA - CONTINUED TO FEBRUARY 22, 1994 (440.60) The Assistant City Administrator reported that this agenda item was continued from the January 31, 1994 meeting and that staff is prepared to answer questions from Council. Councilmember Bauer spoke regarding the conflicting comments in the Environmental Impact Report, cultural and archeological resources not properly addressed and the proposed request for a grand jury investigation. A motion was made by Bauer, seconded by Sullivan, to continue the proposal of the grand jury investigation as well as other possible investigations until the February 22, 1994 meeting. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Leipzig, Sullivan NOES: Silva ABSTAIN: Robitaille ABSENT: Winchell ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Tuesday, February 22, 1994, at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. If r6�� ATTEST: a • City Clerk/Clerk M O Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman