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HomeMy WebLinkAbout1994-09-26MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, September 26, 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 4:40 p.m. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None PUBLIC COMMENTS: Teddi Alves, Citizens Bureau of Investigation representative, spoke in opposition to pension spiking, employee association endorsement of City Council candidates, auto allowances, employee salaries and benefits. Bob Polkow spoke in opposition to the proposed changes in the ham radio antenna and recreational vehicle parking code. He asked Council to make sure the changes they approved have been made. The Community Services Director reported regarding a meeting with staff and the Council Committee to clarify the intent of the language in the ham radio antenna and recreational vehicle parking code. Councilmember Bauer stated that he would be putting an item on the agenda to bring up the ham radio antenna and recreational vehicle parking again to reconfirm that changes will not be made to the Ordinance Code regarding these issues. Cindy Cross and George Cross spoke regarding an article in the Independent Newspaper relative to resignations of the Fourth of July Board members. She submitted eight applications for the Fourth of July Board and stated that two more applications will be coming in the mail. She stated that funding for the parade should not come from the taxpayers but through fundraising, and that Council should accept the Fourth of July Board resignations and appoint new members to the Board. Chuck Sheid spoke in opposition to non -substantive changes made in the recreational vehicle parking code. Page 2 - Council/Agency Minutes - 09/26/94 (City Council) PUBLIC HEARING CLOSED - DECISION CONTINUED FROM SEPTEMBER_19, 1994 - FY 1994/95 BUDGET AND PARKING FINE INCREASE - IMPLEMENT NON-RESIDENT LIBRARY CARD FEE AS RECOMMENDED IN PRELIMINARY BUDGET (640.10) The Mayor announced that this was the day and hour set to consider a closed public hearing continued from September 19, 1994 regarding the Fiscal Year 1994/95 City Budget, increase to parking fine and implement Non -Resident Library Fee as recommended in the Preliminary Budget for 1994/95. The proposed budget for FY 1994/95 including General Fund expenditures proposed at $94,227,483. The City Clerk announced that communications were received and distributed to Council and that copies are available to the public pursuant to the Brown Act from: Police Chief Lowenberg dated September 26, 1994 regarding present and future Police Departments action on crime, A. H. Edmondson in opposition to any change in the Paramedic or the Fire-Med Services, B. Marion Carmichael, President and member of the Friends of the Library in support of the City Administrator's suggestion to use one hundred thousand dollars ($100,000) of the proposed non- resident library fee for the purchase of books, Patricia Darcey Brewer in opposition to the Marine Safety Cuts, Marine Safety Officers Association dated September 23, 1994 in opposition to cuts in the Marine Safety Department. The City Administrator announced a communication received from the Chamber of Commerce suggesting that the City Council go to "Program Budgeting". The following communications regarding the budget were announced and distributed on September 19, 1994 and are on file in the City Clerk's Office from: The City Administrator regarding the budget worksheet, dated September 16, 1994; City Administrator's slide presentation on budget, dated September 19, 1994 ; Judy Diaz, Community Services Commission Chairman, dated September 15, 1994; Teddi Alves; Huntington Beach Firemens' Association (HBFA), Tom Faye, President, dated September 19, 1994 , opposing Fire Department budget cut; A. J. Spiegel, dated September 14, 1994; Monroe Bester, dated September 19, 1994; Helen and Harold Tieger, dated September 17, 1994; Linda Couey, dated September 16, 1994; and Robert L. Cunningham, Chairman, Huntington Beach Chamber of Commerce. The City Administrator presented a staff report regarding potential budget expense reductions. A motion was made by Sullivan, seconded by Leipzig, to direct staff to begin negotiations with the state and prior to that, a Council Committee be formed to look into the pros and cons of turning the beach north of the pier back over to the state. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Councilmembers Sullivan and Bauer volunteered to serve on the Council Committee on the beach north of the pier. Page 3 - Council/Agency Minutes - 09/26/94 The City Administrator presented a staff report regarding potential new revenues and implementation of the MSI Study. Councilmember Bauer spoke in support of considering implementation of proposed MSI increases in fees. Straw Vote - Restore Community Band Funding - Approved A motion was made by Sullivan, seconded by Silva, to restore the Community Band Funding. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT:: None Straw Vote - Senior Center - Change Community Worker from Recurrent to Full -Time - Approved A motion was made by Sullivan, seconded by Leipzig, regarding the Senior Center, to change the position from part-time to a full-time. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Winchell ABSENT: None Straw Vote - Senior Center - Add Bus Dispatcher - Approved A motion was made by Sullivan, seconded by Leipzig, regarding the Senior Center, to add a bus dispatcher for eight thousand dollars ($8,000). The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Winchell ABSENT: None Straw Vote - Restore Mileage Reimbursement - Senior Meals on Wheels Program - Approved A motion was made by Leipzig, seconded by Sullivan, to restore the mileage reimbursement for the Senior Meals on Wheels Program. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None ..5.9 Page 4 - Council/Agency Minutes - 09/26/94 Straw Vote - Restore Hours Oakview Community Center and Additional Part -Time Custodian - Approved A motion was made by Leipzig, seconded by Sullivan, to restore the hours at Oakview Community Center for seventeen thousand dollars ($17,000) and add a part-time custodian for four thousand dollars ($4,000). The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None Straw Vote - Restore Hours Edison and Murdy Community Centers - Approved A motion was made by Sullivan, seconded by Leipzig, to restore the hours to the Edison and Murdy (Community) Centers. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None Straw Vote - Restore Hours City Gym and Pool - Approved A motion was made by Sullivan, seconded by Leipzig, to restore the hours to the City Gym and Pool. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None Straw Vote - Beach Maintenance - Restore Reductions in the Amount of $45,000 - Approved The Community Services Director stated that the priorities would be restoring the recurrent summer hours, the rental of restrooms north of the pier and portable restrooms at the base of the pier. A motion was made by Winchell, seconded by Leipzig, to restore Beach Maintenance funding in the amount of forty-five thousand dollars ($45,000). The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None eM Page 5 - Council/Agency Minutes - 09/26/94 Straw Vote - Marine Safety - Restore Funding to Prior Year Level - Approved The Community Services Director reported. A motion was made by Sullivan, seconded by Robitaille, to restore Marine Safety funding to the prior year level. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Fire Department Restore Reductions in the Amount of 1365,000 - Approved A motion was made by Bauer, seconded by Leipzig, to restore reductions to the Fire Department in the amount of $365,000. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Leipzig, Sullivan NOES: Winchell ABSENT: None Straw Vote - Police Department - Funding for New Positions - Approved Extensive discussion was held by Council and staff regarding Police Department staffing. The Police Chief presented a staff report regarding Police Department calls for service and response times. A motion was made by Silva, seconded by Robitaille, to approve Police Department funding for new positions in the amount of five hundred thousand dollars ($500,000) to go directly to police on the street. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson NOES: Winchell, Leipzig, Sullivan ABSENT: None Straw Vote - Police Department - Restore Reductions in the Amount of $543,000 - Approved In response to Councilmember Leipzig's question, the Police Chief reported regarding elimination of a secretarial position and reduction in equipment usage fund to 1993/94 level. Robert Franz, Deputy City Administrator, reported regarding the transfer from the Police Department Budget to the Equipment Replacement Fund. �`6 Page 6 - Council/Agency Minutes - 09/26/94 A motion was made by Leipzig, seconded by Winchell, to restore reductions in the Police Department in the amount of five hundred forty-three thousand dollars ($543,000) which is an amount reduced from six hundred sixty-six thousand eight hundred seventy-eight dollars ($666,878) by the clerical salary and equipment usage. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Sullivan ABSENT: None Straw Vote - Police Department - Restore Reductions in the Amount of $123 000 for Additional Police Officers - Approved A motion was made by Silva, seconded by Robitaille, that in addition to the five hundred forty- three thousand dollars ($543,000) and that the budget be increase approximately $123,000 more for additional Police Officers. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson NOES: Winchell, Leipzig, Sullivan ABSENT: None The City Administrator reported regarding Police Department funding from the Drug Forfeiture Fund and stated that discussion would be held in the future on this subject. Straw Vote - Public Works Department - Sports Field Maintenance - Approved A motion was made by Winchell, seconded by Leipzig, to restore the funding to the Public Works Department for sports field maintenance. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Robitaille ABSENT: None Straw Vote - Public Works - Parking Lot Lights - Approved A motion was made by Winchell, seconded by Sullivan, to restore funding to the Public Works Department for parking lot lights. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None -.6 2 Page 7 - Council/Agency Minutes - 09/26/94 Straw Vote - Shipley Nature Center at Huntington Central Park - Weekend Recurrent Salaries - Approved A motion was made by Sullivan, seconded by Moulton -Patterson, to restore weekend recurrent salaries -for the Shipley Nature Center. The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva, Robitaille ABSENT: None Straw Vote - Reduce HBTV Channel 3 Proarammina - Approved Rich Barnard, Deputy City Administrator, reported regarding reductions in capital outlay expenditures and temporary salaries. A motion was made by Leipzig, seconded by Sullivan, to reduce HBTV Channel 3 Programming by $107,035. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Reduce Human Services Programs - Community Development Block Grant (CDBG) - Rejected The City Administrator presented a staff report. The Community Services Director presented a report regarding funding of city programs through the Community Development Block Grant funds. Councilmember Sullivan reported as liaison to the Community Development Block Grant Program. A motion was made by Leipzig, seconded by Winchell, to reject the proposed cuts in the Community Development Block Grant (CDBG) Human Services Programs. The motion carried by the following roll call vote: Discussion was held. Councilmember Winchell spoke regarding the two issues that should be resolved relative to the response of HUD regarding allocation of funds and a phase -in plan. She also commented on what the city had always traditionally done which she believed was preventative medicine in the way of fighting crime and maintaining the social fabric of the city. AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: None ABSENT: Moulton- Patterson .(out of room) s3 Page 8 - Council/Agency Minutes - 09/26/94 Straw Vote - Administration Directed to Review Community Development Block Grant (CDBG) Program to Divert Funds to City Sponsored Programs - Approved A motion was made by Bauer, seconded by Robitaille, to direct Administration to review the Community Development Block Grant (CDBG) Program with the idea in mind of reallocating those funds to those city sponsored programs from the general fund and see if CDBG Block Grant funds can't be diverted in that direction and do a phase in program in a timely fashion for next year's budget. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Moulton -Patterson (out of room) Straw Vote -Staff Report Requested Regarding Return of the Beach North of Pier to the State - Approved by Consensus Councilmember Sullivan requested a staff report regarding return of the beach north of pier to the State. The request was approved by consensus. It was determined that a subcommittee would go over the impact on the Pier Plaza and Parking Structure. The City Administrator stated that a the report should be prepared for November, 1994 so that action can be initiated in January, 1995. Straw Vote - Business License - Single Family and Duplex Rental Units - Approved - Public Hearing to be Scheduled Discussion was held by Council and staff regarding a public hearing on the proposed business license fee. Councilmember Leipzig spoke in opposition to the proposed business license fee. Robert Franz, Deputy City Administrator, reported that five votes will be required to approve the business license as it is a tax. A motion was made by Winchell, seconded by Robitaille, to approve scheduling a hearing on the business license fee of thirty-nine dollars ($39) for single family homes and forty-six dollars ($46) for duplex rental units. The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Silva, Leipzig ABSENT: None Page 9 - Council/Agency Minutes - 09/26/94 Straw Vote - Vehicle Impound Fee - Approved - Public Hearing to. be Scheduled A motion was made by Winchell, seconded by Leipzig, to approve the vehicle impound fee of fifty dollars ($50) and the process outlined (public hearing to be scheduled). The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig NOES: Sullivan ABSENT: None Straw Vote - Parking Fee Increase - Downtown Parking Structure - Approved - Public Hearing to be Scheduled The Community Services Director reported. A motion was made by Bauer, seconded by Leipzig, to approve the increase in the parking fees for the downtown parking structure (public hearing to be scheduled). The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan NOES: Moulton -Patterson ABSENT: None Straw Vote - Parking Validation Cost Increase - Approved - Public Hearing to be Scheduled The Community Services Director reported. A motion was made by Sullivan, seconded by Winchell, to approve the parking validation cost increase (public hearing to be scheduled). The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: Silva ABSENT: Robitaille (out of room) Straw Vote - New Parking Meters - Reiected The Community Services Director reported. A motion was made by Leipzig, seconded by Silva, to NOT adopt these new parking meters. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) 6 5_: Page 10 - Council/Agency Minutes - 09/26/94 Straw Vote - Oil Barrel Tax Increase - Approved - Public Hearing to be Scheduled In response to Councilmember Winchell's request, the City Administrator reported regarding a letter received from the Shell Oil Company. A motion was made by Winchell, seconded by Leipzig, to approve the Oil Barrel Tax Increase (public hearing to be scheduled). The motion carried by the following roll call vote: AYES: Bauer, Robitaille, Winchell, Leipzig NOES: Silva, Moulton -Patterson, Sullivan ABSENT: None Discussion was held by Council and staff regarding the five vote requirement for the fee. Straw Vote - New Parking Meters Inland Side of Pacific Coast Highway - Rejected A motion was made by Sullivan, seconded by Winchell, to shoot this one down. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Refuse Fee Increase - Rejected A motion was made by Sullivan, seconded by Leipzig, to shoot this down. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Sewer Maintenance Fee - Rejected A motion was made by Sullivan, seconded by Leipzig, to reject it. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None W• Page 11 - Council/Agency Minutes - 09/26/94 Straw Vote - Storm Drain Maintenance Fee - Rejected A motion was made by Silva, seconded by Sullivan, to reject. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Straw Vote - Street Sweeping Fee - Reiected A motion was made by Winchell, seconded by Leipzig, to reject. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: None Robert Franz, Deputy City Administrator, presented a staff report regarding the implementation of the proposed MSI fee increases. Discussion was held by Council and staff regarding MSI fees and Police Department staffing. Approved Increase in Library Book Fund from Non -Resident Library Card Fee from 35% to 60% A motion was made by Sullivan, seconded by Robitaille, to reconsider the action taken to provide thirty-five percent (35%) of the non-resident library card fee for books and go to sixty -percent (60%) of that budget, not to exceed $120,000 for one year. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Sullivan NOES: Leipzig ABSENT: None Redirect Downtown Alley Funds to Warner Avenue Landscaping Medians The City Clerk presented a communication from the Acting Director of Public Works dated August 22, 1994 regarding Warner Avenue Median Landscape. A motion was made by Silva, seconded by Robitaille, to redirect the Downtown Alley funds to Warner Avenue landscaping medians. Councilmembers Winchell and Leipzig spoke in opposition to the reappropriation of funds. The City Administrator reported. Page 12 - Council/Agency Minutes - 09/26/94 The Assistant City Administrator reported. The City Engineer reported regarding the appropriation of funds for the alleys downtown and stated that they are beyond repair and need reconstruction in the amount of twenty-seven million dollars ($27,000,000). He stated he really could not say regarding the public safety aspect referred to by Mayor Moulton -Patterson. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson NOES: Winchell, Leipzig, Sullivan ABSENT: None Budget Shortfall Altematives and Procedures - Approved The City Administrator reported regarding taking the seven hundred eighty-three dollars ($783,000) from the reserve or hold in abeyance after an MSI study is done, fee increases to make up the shortfall, and stated that the state may take more of the city's money. A motion was made by Sullivan, seconded by Silva, that the Council agree to solve this problem of $783,000 in one of two ways, either going. into the reserves or MSI fees and therefore we can balance the budget and move on. Councilmember Leipzig suggested that for budget purposes now that we reduce the expenditures involved in this budget shortfall back down to zero and then commit to a mid -year review or a review at such time as Council might desire in a number of weeks or months and at that time examine MSI and other potential fee increase systems that could generate additional revenue with the commitment that those funds would be used toward the Police expenditures that we would like to achieve but hold the line with a zero balanced budget for tonight. An amendment to the motion was made by Bauer, accepted by Sullivan and Silva, to make a third option to cut other expenses. The City Administrator requested clarification regarding the policy direction and public safety expenses. The City Administrator reported. Councilmember Sullivan restated his motion as follows: That the Council tonight, to wrap this up, makes a commitment to take care of that $783,000, either by going into the reserves, by MSI fees or by cuts other than public safety. The motion carried by the following roll call vote: AYES: Silva, Robitaille, Moulton -Patterson, Sullivan NOES: Bauer, Winchell, Leipzig ABSENT: None Page 13 - Council/Agency Minutes - 09/26/94 RECESS - RECONVENE The Mayor Pro Tem called a recess of the City Council and Redevelopment Agency at 7:50 p.m. The meeting was reconvened at 8:05 p.m. (City Council) INFORMAL HEARING TO RECEIVE VERBAL COMMENTS ON REVISED DRAFT ENVIRONMENTAL IMPACT REPORT FOR THE BOLSA CHICA PROJECT LOCAL COASTAL PROGRAM AND STUDY SESSION - REVIEW OF DRAFT CITY COMMENTS LETTER ON THE REVISED DRAFT ENVIRONMENTAL IMPACT REPORT ON THE BOLSA CHICA PROJECT (440.60) The Mayor announced that this was the day and hour set to consider an informal hearing to receive oral comments on the adequacy of the Revised Draft Environmental Impact Report for the Bolsa Chica Project Local Coastal Program. Proiect Description: The proposed project consists of an amendment to the land use and zoning designations for approximately 1,588 acres located within the unincorporated area of the County of Orange. The project is being processed by the County of Orange and involves the preparation of several documents including: a local coastal program (LCP) and an environmental impact report (EIR). Proposed project components are also subject to federal permitting and, therefore, require preparation of an environmental impact statement (EIS) which is currently being prepared by the U.S. Army Corps of Engineers. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communication or written protests were received on the matter. The City Administrator reported. The Community Development Directed presented a staff report. In response to Councilmember Sullivan, Mr. Roseman stated that the county not consulting with the city on the preparation of the second EIR would be a violation of the CEQA process. Further discussion was held. Councilmember Robitaille stated that he believed the Council was going to return to the budget issue. He then left the meeting. Steven Roseman, Irvin, Cohen and Jessup Law Office representative, presented a staff report using slides regarding alternate locations, mitigation, and California Environmental Quality Act requirements of the project. A communication was distributed to Council entitled Bolsa Chica Revised Draft Environmental Impact Report dated September 26, 1994. The Community Development Director requested Council concurrence that a staff member from the Community Development Department testify before the Orange County Planning Commission on Wednesday afternoon. Discussion was held by Council and staff regarding the integrated ecosystem. 5;9 Page 14 - Council/Agency Minutes - 09/26/94 Councilmember Leipzig declared the public hearing open. The City Clerk announced communications received and distributed to Council from: Lou Ann Murray, Biological Consultant, dated September 26, 1994; Koll Real Estate Group dated September 26, 1994; Building Industry Association of Southern California dated September 26, 1994; and the Community Development Director's slide presentation. Teddi Alves spoke in opposition to the redevelopment of the downtown area and in support of the proposed development of the Bolsa Chica area. Taylor Shaw read from a letter from Bart Hanson, Building Industry Association of Southern California President, which expressed support of the proposed Bolsa Chica Project as it will produce new jobs and restore one thousand acres of wetlands. Ms. Shaw, as resident, spoke in opposition to the city budget shortfall and waste of taxpayer dollars to fight private land use rights. Pat DeMars, business owner of Focus on Careers and Focus on Temps, stated that she represents more than one hundred businesses that support the Koll Real Estate Group's Bolsa Chica Project due to the benefits to the community, restoration of the wetlands without cost to the taxpayers, and the positive economic impact on the community. She spoke in opposition to taxpayers' money being used to stop the development of the Bolsa Chica. Lynn Beach stated that she represents one hundred sixty real estate professionals in the city. She expressed support for the Koll Real Estate Group, Bolsa Chica plan including restoration and development. She stated that this meeting is not a part of the entitlement process for this property and it is a waste of time for her constituents, City Council, staff to attend and a waste of the taxpayers money. She stated that this meeting is purely theater and that the real estate professionals have boycotted this hearing and will make comments at the County's official hearing on Wednesday, September 28. Dr. Richard McDowell, Californians for Bolsa Chica Vice -Chair, stated that the Bolsa Chica planning process represents an opportunity to improve both the environment and the economy and that he will address his comments on the Environmental Impact Report to the Orange County Planning Department on Wednesday, September 28. Chuck Nelson, Amigos De Bolsa Chica President, expressed concerns regarding the Revised Environmental Impact Report, lack of community involvement, impact on the community, natural tidal inlet, and dredging of a bird feeding area. He urged the City Council to try to persuade the county to include the tidal inlet as part of the plans for the Bolsa Chica and to emphasize concerns with the county plan regarding the destruction of the outer Bolsa Bay. Adrianne Morrison, Amigos De Bolsa Chica Executive Director, stated that the organization was formed in 1976 to preserve, enhance and restore the Bolsa Chica Wetlands. She stated that over five hundred volunteers came last week to assist with the Coastal Clean-up program. She expressed that the important issues are the development agreement and annexation of the property to the City of Huntington Beach. Councilmember Bauer stated that the county has rejected the city's request to be involved in the negotiation of the Development Agreement and asked the Amigos De Bolsa Chica to support city involvement. Page 15 - Council/Agency Minutes - 09/26/94 David Pryor, Resource Ecologist for the State Department of Parks and Recreation, stated that the Parks Department welcomes the restoration and enhancement of wetlands in California. He spoke in opposition to the proposed tidal inlet due to possible impacts on the Bolsa Chica State Beach and other beaches. He spoke in opposition to the proposed dredging. He spoke regarding the inconsistencies in the Environmental Impact Report with the Coastal Act, Federal and State wetland policies, and in opposition to proposed mitigation measures, increased traffic, increased pedestrian and bicycle traffic, availability of parking, and increased public demands. Jackie Gieir-Lahti, Bolsa Chica Land Trust representative, spoke in opposition to the Environmental Impact Report regarding inadequate cultural resource and archeological reports. She stated that the Bolsa Chica area is unique and an important educational resource., She suggested that mitigations include the Koll Company pay the City of Huntington Beach moneys to hire curriculum specialist not selected by the Koll Company to develop a curriculum to go into the local schools at all levels and that all artifacts found in the city be returned to the city. Connie Boardman, Bolsa Chica Land Trust representative, stated that the Revised Environmental Impact Report did not address Council concerns expressed of the original Environmental Impact Report regarding future impact studies, project design features, conclusions not supported by evidence, mitigation measures, and infrastructure improvements. Marcia Hanscom spoke in support of preserving the sensitive coastal bluff ecosystem and stated that hundreds of letters have been pouring in to our senators and Interior Secretary Bruce Babbitt's office in support of a land exchange where the citizens will retain ownership of the Bolsa Chica wetlands and Koll would retain ownership of some less environmentally sensitive land. She urged citizens to come to the county meeting on Wednesday. Paul Horgan stated that the Koll Company owns the property but it is not zoned residential and this issue is not addressed in the Environmental Impact Report. He spoke in opposition to the extensive movement of land to accomplish this massive project. Eileen Murphy asked the City Attorney for a legal opinion if the Bolsa Chica Project can go forward until the public comments are addressed. Juana Mueller commented regarding the Cumulative Impacts listed in the Revised Environmental Impact Report and listed recent new developments in the area with fifteen thousand new homes. She spoke in support of continuing to explore sources for the acquisition of the all seventeen hundred acres of the Bolsa Chica for a biodiversity wilderness park. Jan Vandersloot, Bolsa Chica Land Trust Vice President and Amigos de Bolsa Chica member, stated that the Environmental Impact Report does not adequately address the alternatives for restoration of the Bolsa Chica. He distributed two communications to Council. Gordon Labedz, Surfrider Foundation representative, spoke in opposition to the Environmental Impact Report and stated that the biological issues of putting a housing development in a wetland have not been addressed and that mitigation measures in the Environmental Impact Report are inadequate. 7 Page 16 - Council/Agency Minutes - 09/26/94 Bill Gregory, Surfrider Foundation representative, spoke in support of the elimination of the tidal inlet and jetties. He stated that thin is the Surfrider Foundation's ten year anniversary and that the Foundation initiated in Huntington Beach. He stated that there has been a loss of prime surf areas, that beaches and sand bars have been eroded and toxic water flowing into the beach. He spoke in support of the biodiversity park alternative. Bruce Monroe, Sierra Club Preserve Bolsa Chica Task Force representative, spoke in opposition to the development of the wetland and in support of preserving the wilderness. He stated that the number one industry in Orange County is tourism and it is in the city's best interest economically and culturally to preserve this area. He stated that the city should do everything possible even the threat of law suits to require the county to withdraw the Environmental Impact Report since it does not satisfy the state law. Nancy Harris, Bolsa Chica Land Trust representative, read from portions of the Environmental Impact Report and spoke regarding Shell Oil Company's obligation to return the site to its natural state after the oil wells are depleted. She spoke regarding the impacts on plant and animal habitat. Phil Smith, Bolsa Chica Conservancy Executive Director, spoke in opposition to the Environmental Impact Report. He stated that in the 1800's there was a tidal inlet to the Bolsa Chica area at approximately Warner Avenue and that the gun club had installed a dam were the tide gates area now. He stated that if the Bolsa Chica is going to be a coastal salt marsh, it needs water and asked that Council not preclude the value of a tidal inlet. Mayor Moulton -Patterson thanked the speakers and announced the Orange County Planning Commission meeting to be held in the Council Chamber on Wednesday, September 28, 1994 at 4:00 p.m. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Steven Roseman, Ervin, Cohen and Jessup Law Office representative, presented a staff report regarding the procedures and timetables of the Environmental Impact Report, Environmental Impact Statement and Local Coastal Program. The Community Development Director reported. A motion was made by Leipzig, seconded by Winchell, to direct staff to testify to the county Planning Commission. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) Page 17 - Council/Agency Minutes - 09/26/94 (City Council) PUBLIC HEARING CLOSED - DECISION CONTINUED FROM SEPTEMBER 19, 1994 - FY 1994/95 BUDGET AND PARKING FINE INCREASE - IMPLEMENT NON-RESIDENT LIBRARY CARD FEE AS RECOMMENDED IN PRELIMINARY BUDGET - ADOPTED (640.10) The Mayor announced that this was the day and hour set to consider a closed public hearing regarding the Fiscal Year 1994/95 City Budget which was continued from earlier in the meeting. The City Administrator reported. Robert Franz, Deputy City Administrator Administrative Services, reported regarding the resolutions to be adopted. A motion was made by Winchell, seconded by Sullivan, to adopt Resolution No. 6632 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING A UNIFORM BAIL SCHEDULE FOR PARKING VIOLATIONS." (Increases parking fines by $15 effective October 1, 1994.) The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille A motion was made by Sullivan, seconded by Moulton -Patterson, to adopt Resolution No. 6633C - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, `A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' AS TO SERVICES OFFERED UNDER THE LIBRARY SERVICES DEPARTMENT (SUPPLEMENTAL FEE RESOLUTION NO. 53)." and approve a Non -Resident Library Card Fee of twenty dollars ($20) per year effective October 1, 1994, the net revenue from such fee shall be allocated sixty percent (60%) to the library service fund primarily for books, not to exceed one hundred and twenty thousand dollars ($120,000) for fiscal year 1994/95. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton-15 t*on, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille Robert Franz, Deputy City Administrator Administrative Services, reported. The City Administrator reported regarding alternatives to the budget shortfall. 73 Page 18 - Council/Agency Minutes - 09/26/94 Motion to Adopt Fiscal Year 1994/95 Budget - FAILED A motion was made by Sullivan, seconded by Moulton -Patterson, to adopt Resolution No. 6634 - M"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY FOR FISCAL YEAR 1994/95." (Approves the city Budget for 1994/95 including the "Addendum" to the proposed budget.) The motion FAILED by the following roll call tie vote: AYES: Silva, Moulton -Patterson, Sullivan NOES: Bauer, Winchell, Leipzig ABSENT: Robitaille Discussion was held by Council and staff. Motion to Adopt Resolution No. 6634 - Fiscal Year 1994/95 Budget - Adopted A motion was made by Sullivan, seconded by Moulton -Patterson, to adopt Resolution No. 6634 - °A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY FOR FISCAL YEAR 1994/95." The motion carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Leipzig, Sullivan NOES: Bauer, Winchell ABSENT: Robitaille ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, October 3, 1994 at 5:00 p.m., in Room B-8, Civic Center, Huntington Beach, California. ATTEST*.' ^City Clerk/Clerk 7 4- >� !♦' 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