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HomeMy WebLinkAbout1995-03-20 (14)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, March 20, 1995 Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m., in Room B-8, Civic Center. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None RECESS The Mayor called a recess of the City Council and Redevelopment Agency at 5:00 p.m. CLOSED SESSION The following Closed Sessions were called for the purpose of meeting in closed session of the City Council to consider the following items: Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Orange County; U. S. Bankruptcy Court Case No. SA 94- 22272 JR administratively consolidated with Case No. SA 94-22273 JR. Orange County Bankruptcy Case. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9 (b)(3)(b) to confer with its attorney regarding pending litigation. Facts and circumstances, including, but not limited to, an accident, disaster, incident, or transactional occurrence that might result in litigation against the Agency and that are known to a potential plaintiff or plaintiffs, which facts or circumstances shall be publicly stated on the agenda or announced - Mora Kai Apartments. (400.50) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives, William Osness, Personnel Director and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding: Labor Relations Matters - Meet and Confer regarding the following employee organizations: Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Fireman's' Association (HBFA), and Surf City Lifeguard Employees Association (SCLEA). (120.80) Page 2 - Council/Agency Minutes - 03/20/95 RECONVENE The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:00 p.m. in the Council Chamber. A videotape recording of this meeting is on file in the Office of the City Clerk PLEDGE OF ALLEGIANCE Mayor Leipzig led the Pledge of Allegiance. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: None PRESENTATIONS - COMMENDATIONS - RECOGNITIONS Arrest For The American Heart Association - Councilmember Garofalo - Police Chief Ron Lowenberg arrested Councilmember Dave Garofalo and announced that Councilmember Garofalo could be bailed out by his friends through donations for his bail during the upcoming event of the American Heart Association. Councilmember Garofalo urged support of the event to be held at the Waterfront Hilton. Mike Landon, Area Representative of the American Hearth Association, spoke on behalf of Laurann Cook, Mayor of Fountain Valley and Chairman of the Annual Cardiac Arrest informing Council that the Fountain Valley City Council had challenged the Huntington Beach City Council in this event. March of Dimes "Walk America" Event - Bob Stuart, March of Dimes Walk America, urged Council to support the March of Dimes Five Mile Walk to be held in Huntington Beach. He read the story of Christine who is now nine years old and who has benefited from the help of the March of Dimes. D-1. (City Council) PUBLIC HEARING - REVIEW OF HOLLY-SEACLIFF DEVELOPMENT AGREEMENT NO. 90-1 COMPLIANCE REPORT - APPROVED (600.10) Scheduled on the agenda was the following public hearing which had been published and posted to be held on March 20, 1995 at 6:30 p.m. in the Council Chamber. APPLICANT: City of Huntington Beach - Review of the Holly-Seacliff Development Agreement 11 Ilo. 90-1 Annual Compliance Report. Page 3 - Council/Agency Minutes - 03/20/95 LOCATION: Holly-Seacliff Specific Plan Area - 545 gross acres in the west central area of the city. ENVIRONMENTAL STATUS: Covered by Final Environmental Impact Report No. 89-1 no further action is necessary. COASTAL ZONE: Located in City's Coastal Zone; no further action is necessary. Legal notice as provided to the City Clerk's Office by staff had been published and posted. There were no written communications or protests filed for or against, received by the City Clerk on the matter other than the following communication, announced earlier in the meeting by the City Clerk: The Community Development Director presented a staff report. Mayor Leipzig declared the public hearing open. A communication was received and distributed to Council from Friends and Neighbors of Seacliff a bulletin and a copy of the Notice of Action - Coastal Development Permit No. 93-26 and Negative Declaration No. 94-17 - Applicant Seacliff Partners dated December 16, 1994. George Arnold spoke against approval of the Compliance Report. He listed reasons including lack of sidewalks. Tom Zanic, Seacliff Partners representative, stated that progress was being made on the development and opticom devices had been installed at seven major intersections within the development which helps the flow of emergency services. Suzanne Beukema, Vice -President of Friends and Neighbors of Seacliff (FANS), asked 50 members of FANS in the audience to stand in their support of the Holly-Seacliff Development. She spoke regarding the benefits of the project to the city which has been at no cost to the taxpayers including roads, horse tails, and park dedications. The City Clerk announced that the following communications had been received and distributed to Council from: Bulletin from Friends and Neighbors of Seacliff and a copy of the Notice of Action - Coastal Development Permit No. 93-26 and Negative Declaration No. 94-17 - Applicant Seacliff Partners dated December 16, 1994. This communication had been announced at the beginning of the meeting for the public benefit pursuant to the Brown Act. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Dettloff, second Green, Council approved the Holly-Seacliff Development Agreement No. 90-1 Compliance Report and directed the execution of the Certificate of Compliance as prepared by the City Attorney and authorized Pacific Coast Homes to record the Certificate of Compliance with the Orange County Recorder. The motion carried unanimously. 1.17 Page 4 - Council/Agency Minutes - 03/20/95 PUBLIC COMMENTS AND LATE COMMUNICATIONS Pursuant to the Brown Act, the City Clerk announced the following Late Communications which had been distributed to Council and which were available at her desk for members of the public: Agenda Item Regarding Draft Bolsa Chica Development Agreement: Bolsa Chica Attachment No. 4 - Draft Service Agreement, Bolsa Chica Attachment No. 11 - County Staff Report for the March 22, 1995 Orange County Planning Commission hearing. Community Development Department Bolsa Chica Slide Presentation. Communication from Councilmember Dave Sullivan, Bolsa Chica Council Committee Chairman dated March 20, 1995 regarding Bolsa Chica Council Committee Recommendations on the Bolsa Chica Development Agreement. Communication from the Amigos de Bolsa Chica dated March 20, 1995 requesting that the County of Orange grant a continuance of the hearing on the draft Development Agreement currently being negotiated between the County of Orange and Koll Company. Communication from Bob Winchell, representing Huntington Beach Tomorrow, dated March 19, 1995 regarding the Draft Bolsa Chica Agreement. Agenda Item Regarding Business Expansion Promotion: Communication from Jack A. Caswell, President of Huntington Beach Automobile Dealers Association, Incorporated dated March 15, 1995 in support of the proposed Agenda Item to provide financial assistance to encourage business expansion and promotion. Agenda Item Regarding Loan Documentation Audit: Communication from Barbara Kaiser dated March 17, 1995. Aaenda Item Regarding Public Hearing - Review of Holly-Seacliff Development Agreement: Bulletin from Friends and Neighbors of Seacliff and a copy of the Notice of Action - Coastal Development Permit No. 93-26 and Negative Declaration No. 94-17 - Applicant Seacliff Partners dated December 16, 1994. Agenda Item Regarding Ordinance No. 3278 - Defense of Claim by Outside Counsel: Amended Ordinance prepared by City Attorney. Chuck Barbara spoke in favor of the Bolsa Chica Development Agreement and urged Council to be as flexible as possible on the Bolsa Chica Development Agreement between the county and city as he believes the project is of value to the city. Jeff Metzel stated reasons why he believed the Long Beach Naval Shipyard should be closed and urged Council not to support the resolution on the agenda. Juana Mueller, Bolsa Chica Land Trust representative, urged Council to send the proposed letter asking the State Office of Historic Preservation to hold their public information meeting on the World War II Bunkers in Huntington Beach due to the citizens' interest in the matter. Colin Campbell, Edison High School student, spoke in opposition to the closure of Main Street the Agenda Item regarding Resolution No. 6874 due to loss of tourism and possibly revenues. He made a suggestion for a directed single -way lane going through or have the booths for the event on the pier. 118. Page 5 - Council/Agency Minutes - 03/20/95 Brad White spoke in opposition to the federal government's plan to close the Long Beach Naval Shipyard. He stated he believed that the Agenda Item regarding preservation of the World War II Bunkers on the Bolsa Chica was being used as a stall tactic. He stated his support for the Koll Development. Robert Williams, Sierra Club Support Bolsa Chica Task Force representative, an entity of the Angeles Chapter of the Sierra Club, spoke in support of the Agenda Item regarding preservation of the World War II Bunkers on the Bolsa Chica. Bob Winchell, Huntington Beach Tomorrow representative, made a slide presentation and gave reasons in opposition to the proposed Development Agreement for the Bolsa Chica. He read the Bolsa Chica Council Committee motion and requested that the Mayor or an alternate from the Council present the motion on Wednesday. He referred to the Summary of Costs which he provided to Council and which was reflected in the slide report. Dianne Easterling, Huntington Beach Tomorrow representative, spoke in opposition to the proposed Bolsa Chica Development Agreement between the county and Koll Company and urged Council and residents to contact certain parties to state their opposition. She presented the names and phone numbers on a slide. Tom Livengood, Vice -President, Amigos de Bolsa Chica, stated the groups support of the Council request for continuance by the county due to inconsistencies between the Draft Development Agreement and the Bolsa Chica Coalition Plan. Bob Traver, spoke in opposition to preserving the World War II Bunkers on the Bolsa Chica. He spoke in favor of the proposed Bolsa Chica Development Agreement between the county and the Koll Company and stated his disappointment with the press and City Council on the accuracy of information provided to the public. He stated that he believed there is no other plan that will give the wetlands restoration and parks and trails. Flossie Horgan spoke in opposition to the proposed Bolsa Chica Development Agreement and spoke regarding the negative fiscal impact. She presented the costs to the taxpayer. Eileen Murphy spoke in opposition to the Development Agreement between Koll Company and the county and read from the seventeen principles the city adopted on November 7, 1994; the first one relative to how the Bolsa Chica project should be a financial benefit to the city. Richard Harlow addressed Council in favor of the proposed Bolsa Chica Development Agreement between the county and the Koll Company. He commented on Fire, Library, Police, Traffic and ministerial permits. Connie Boardman, Bolsa Chica Land Trust representative, spoke in opposition to the proposed Bolsa Chica Development Agreement and stated her areas of concern including the lack of a guarantee of restoration, fiscal reasons and mitigation issues including the effect on Warner Pond restoration if the wetlands are purchased by a governmental or non-profit agency. 119� Page 6 - Council/Agency Minutes - 03/20/95 Nancy Harris spoke in opposition the development of the Bolsa Chica and stated her support for a continuance of the item by the county including as a reason her opinion that the Environmental Impact Report is inadequate. She also stated her support of the Agenda Item relative to the World War II Bunkers. Grayce Davis, resident of Rancho del Rey Mobile Home Park and President of the Homeowners Association, addressed Council in support of retaining the Huntington Beach Mobile Home Review Committee as the first fourteen (14) months have been very helpful and there is more work to be done. Pauline Robinson, Rancho del Rey Mobilehome Park representative, requested that the Huntington Beach Mobile Home Review Committee, formed by the City Council for a trial period, not be disbanded due to problems of sewage, flooding and rent increases which will be helped by the committee as they have an open mind. Steve Novarro, one of the owners of Huntington By the Sea Mobile Home Estates and member of the Mobile Home Review Committee, stated his opposition to portions of the Agenda Item regarding the proposed Mobilehome Sublease Ordinance. Among reasons stated were that the ordinance was not discussed in depth by the committee at their August 22, 1994 meeting and that there was not a full committee voting. Don Caldwell, Sea Aira Mobilehome Park Homeowners Association representative, stated concern regarding who would be allowed to be a tenant. He requested the Mobile Home Review Committee be continued and not disbanded. Randy McLeod, resident Manager and General Partner of Villa Huntington Mobile Home Castles, spoke in opposition to the Agenda Item regarding the Mobilehome Sublease Ordinance. He stated the reasons were related to crime, physical and behavioral environment, and contractual agreements with their tenants. Vickie Talley, Executive Director of the Mobilehome Education Trust, spoke in opposition to the proposed Mobilehome Sublease Ordinance. She presented a communication to Council dated September 26, 1994 addressed to the City Administrator from Dowdall Law Offices regarding Subleasing Prohibition in California Mobilehome Parks. Craig Hauser, co-owner of Rancho del Rey Mobilehome Park, spoke in opposition to the proposed Mobilehome Sublease Ordinance as there was nothing in the ordinance to keep mobilehome owners from subletting indefinitely and he stated that was in violation of the civil code. He stated that he had passed out copies of a petition that had gone through several mobilehome parks asking that Council not create a subleasing ordinance. Al Pearson, resident of Huntington Harbour Mobilehome Estates, spoke in support of the Mobile Home Review Committee as they have done an excellent job and stated that people have become more knowledgeable about how things operate. Mark Porter, Chairman of the Huntington Beach Mobile Home Review Committee and member of the Board of Directors of Huntington Beach Tomorrow, spoke in support of the proposed Mobilehome Sublease Ordinance. He stated that the ordinance was similar to that of the City of 1 ` .Capitola and that the ordinance was not in violation of the law. tiO Page 7 - Council/Agency Minutes - 03/20/95 A petition was presented during the meeting to the City Clerk from Villa Huntington Mobile Home Castles located on Slater Avenue listing approximately ninety (90) residents opposed to allowing subletting in mobilehome parks and urging the Council not to adopt such an ordinance. Barbara Marrs, resident of Seacliff on the Greens, distributed and spoke regarding a flier from FANS (Friends and Neighbors of Seacliff) and stated it offered a free dinner to encourage people to be present to speak in support during the Agenda Item regarding the public hearing on the Holly-Seacliff Development Agreement Annual Review. She stated that a free dinner should not be necessary if the project is so wonderful. Ms. Marrs informed Council that the large dirt hauling trucks cannot be tolerated at 5:00 to 5:30 a.m. parked in front of their homes with engines going and brakes screeching right below bedroom windows. She stated that dirt has been hauled out of the wetlands during night time hours by beeping trucks. Ms. Marrs referred to a Coastal Commission document listing mitigation measures. She requested Council's help. Mike Guest spoke in support of the proposed Development Agreement between the Council and Koll Company for the Bolsa Chica and urged the Council to work with the county and expedite restoration of the wetlands. Ernie Bartolo spoke in support of the proposed Development Agreement and stated his concern that the city was trying to use the Bolsa Chica project to bolster the budget shortfalls. He stated that it would hurt the chances for annexation if the city hinders the project. Bruce Whitaker, Treasurer of the Fullerton Recall Committee and Chief Spokesman for the Committees of Correspondence, spoke regarding the mission of the committee and its position including their opposition to new taxes. Leon McKinney, spoke in support of the City Council's good efforts toward getting the city's money back from the county during the bankruptcy crisis. He spoke regarding the benefit package of a mechanic working for the city and presented figures regarding the gap between a mechanic in the private sector versus the public sector. David Tamarin announced the upcoming CERT meeting schedule (Community Emergency Response Team). Bill Mello, member of the Committee of Correspondence, thanked the citizens of Huntington Beach for volunteering to help Supervisor Jim Silva. He asked citizens to donate four hours per week to a good cause and to call Supervisor Silva's office to volunteer. Gothard Street Road Work - Report To Be Made Bill Garrity, operator of an automobile repair business, stated that the businesses were not informed of the Gothard Street road work and questioned how long the project would take. He spoke regarding the danger of cars going through the intersection of Ellis Avenue and Gothard Street. The City Administrator stated that he would report on the matter. 121 Page 8 - Council/Agency Minutes - 03/20/95 Wendy Mello distributed a flier criticizing the Police Department which was left in her car window parked on her driveway. She cited instances of harassment by the person involved in it's distribution. Gerald Chapman, resident of Ellis/Goldenwest quarter section, stated that homeowners had not yet learned anything regarding the twenty-five thousand dollars ($25,000) equestrian bond requirement that he stated had been a condition negotiated away by the City Attorney's Office. He then spoke regarding direction by a previous Council to direct staff to initiate the proper zone change to designate a neighborhood park in the quarter section southwest of Ellis Avenue and Goldenwest Street; said location to be Alternative A - the most centrally located site. Mr. Chapman stated he believed it was inappropriate for the Planning Commission to be considering a zoning other than that directed by the City Council. Nancy Donavan stated her support for the city employees and the City Council Bolsa Chica Council Committee's work in trying to provide the city with a "no negative" fiscal impact from the Bolsa Chica Development Agreement. She stated her support for a county continuance of the item. Natalie Kotsch announced the Surfing Museum's upcoming contribution of the Woody Event for the opening of the Arts Center. She requested a waiver of the costs for the Police Department services. Report Requested Regarding Ms. Marr's Concern Relative To Dirt Hauling Trucks At Seacliff On The Greens Councilmember Sullivan requested the City Administrator to report on Mrs. Marr's concerns regarding the night operations of the dirt hauling trucks at Seacliff on the Greens. Report Requested Regarding Mr. Chapman's Concern On Park Location - Written Report Requested On $25,000 Equestrian Bond Councilmember Sullivan requested clarification of Mr. Chapman's questions regarding the location of the proposed park. The Community Development Director reported that the Planning Commission's intention to give Council a more thorough report. Howard Zelefsky, Planning Director, reported on the matter. Councilmember Bauer commented and requested a written report from staff on the $25,000 bond that the original process was reversed a park which he stated had been directed by Council. Councilmember Green spoke regarding the history and the decision made in 1991 by the City Council. 122 Page 9 - Council/Agency Minutes - 03/20/95 Mobilehome Review Board - Ordinance To Expire June, 1995 - Request By Council For Continuing Ordinance To Be Agendized Mayor Leipzig requested staff to schedule an Agenda Item for continuance of the Huntington Beach Mobilehome Review Committee as the ordinance will soon expire. RECESS - RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Leipzig called a recess of the City Council and Redevelopment Agency meetings at 9:00 p.m. The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 9:15 p.m. in the Council Chamber. Report Regarding Request to Waive Police Department Costs For Art Center Opening The City Administrator reported regarding, Natalie Kotsch's request for waiver of the costs for the Police Department services for the Art Center Opening this weekend. Status Report Regarding Orange County Bankruptcy The City Administrator presented a status report on the Orange County Bankruptcy and stated that the Plan of Adjustment should be available from the Pool Committee this week. Status Report Regarding Orange County Transit Authority - Expansion of Pacific Coast Highway and Parking Requirements The City Administrator report that he and the Mayor had met with Supervisor Jim Silva regarding the Orange County Transit Authority OCTA proposed expansion of Pacific Coast Highway to six lanes between Beach Boulevard and Goldenwest Street. He stated that the OCTA will delay the decision until July. Downtown Specific Plan Approved By California Coastal Commission The City Administrator reported that the Downtown Specific Plan was approved by the California Coastal Commission with some amendments and will be presented to Council on April 17, 1995. SPECIAL MEETING OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Mayor called the Special Meeting of the Huntington Beach Public Financing Authority to order. 12 3' Page 10 - Council/Agency Minutes - 03/20/95 PUBLIC FINANCING AUTHORITY ROLL CALL: Present: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo Absent: None The Clerk/Secretary was directed to read the Call for Special Meeting notice. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Victor Leipzig, Chairman Dave Sullivan, Director Ralph Bauer, Director Shirley Dettloff, Director Dave Garofalo, Director Peter Green, Director Tom Harman, Director You are hereby notified that a Special Meting of the Huntington Beach Public Financing Authority of the City of Huntington Beach, California, is called for and will be held I the Council Chamber of the Civic Center, at the hour of 6:30 P.M. on Monday, March 20, 1995, for the purpose of reaffirming the purchase and sale of Redevelopment Agency Tax Allocation Bonds "Mora Kai Apartments" originally approved on November 7, 1994 - (Se attached agenda), and to adopt Resolution Number 5 fixing the time and place of regular meetings. Dated: March 14, 1995 /s/ Victor Leipzig Chairman Huntington Beach Financing Authority ATTEST: /s/ Connie Brockway Secretary I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington Beach Financing Authority, prior to 6:30 P.M., on Sunday, March 19, 1995. /s/ Victor Leipzig Chairman Huntington Beach Financing Authority 124 Page 11 - Council/Agency Minutes - 03/20/95 (Public Financing Authority) RESOLUTION NO. 5 - ADOPTED SETTING TIME AND PLACE OF REGULAR MEETINGS - HB PUBLIC FINANCING AUTHORITY The Secretary presented a communication from the Assistant City Administrator regarding the need for the Huntington Beach Public Financing Authority of the City of Huntington Beach to meet more frequently than the current one meeting per year. A motion was made by Sullivan, second Harman, to adopt Public Financing Authority Resolution No. 5 - "A RESOLUTION OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY DESIGNATING TIME AND PLACE OF REGULAR MEETINGS." (The regular meeting of the Huntington Beach Public Financing Authority will coincide with the regular meetings of the City Council and/or Redevelopment Agency.) The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council/Redevelopment Agency/Public Financing Authority) REDEVELOPMENT AGENCY RESOLUTION NO. 266 - ADOPTED - PUBLIC FINANCING AUTHORITY RESOLUTION NO. 6 - ADOPTED - REAFFIRMATION REGARDING MORA KAI APARTMENTS BOND ISSUANCE - BERTRAM PARTNERS The City Clerk presented a communication from the Assistant City Administrator regarding Bertram Partners requesting that the city (acting as the Redevelopment Agency) issue and sell tax exempt revenue bonds for the acquisition and rehabilitation of an existing forty-two (42) unit multifamily rental property known as the Mora Kai Apartments located at 18881 Mora Kai Lane. The developer has also asked the Agency to commit an annual pledge of housing set aside funds as security for the bonds. This project was approved last year, however, due to the Orange County Bankruptcy, the Redevelopment Agency was not able to secure assurance that the 1995 tax dollars due the city would be distributed in the normal manner. Therefore, without that assurance, Bond Disclosure Council was not able to issue an opinion which allowed the bond insurance writer to commit. An assurance has been secured, bond insurance is available, and a bond issuance can now proceed. A motion was made by Harman, second Garofalo, to adopt the following resolutions: Redevelopment Agency Resolution No. 266 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING REVISED OFFICIAL STATEMENT AND REAUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS AND RELATED ACTIONS." 125 Page 12 - Council/Agency Minutes - 03/20/95 Public Finance Authority Resolution No. 6 - "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AFFIRMING AUTHORIZATION TO PURCHASE AND SELL REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH TAX ALLOCATION BONDS (HOUSING SET -ASIDE REVENUES - MORA KAI APARTMENTS FINANCING)." The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None ADJOURN HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Special Meeting of the Huntington Beach Public Financing Authority adjourned. CONSENT CALENDAR - ITEMS REMOVED The Agenda Item relative to the Long Beach Naval Shipyard was removed from the consent calendar for separate consideration at the request of Councilmember Bauer. CONSENT CALENDAR - ITEMS APPROVED On motion by Green, second Sullivan, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None Councilmember Garofalo abstained from voting on the award of contract for legal advertising services. E-1. (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted revised pages 6, 7 and 8 of the minutes of the Council/Agency regular meeting of November 21, 1994 and the Council/Agency regular minutes of December 19, 1994 as written and on file in the Office of the City Clerk. Councilmember Harman abstained from the vote on the minutes. Councilmember Garofalo abstained from the vote on the November 21, 1994 minutes. 126 Page 13 - Council/Agency Minutes - 03/20/95 E-2. (City Council) RESOLUTION NO. 6674 - ADOPTED - DESIGNATES DATES FOR THE CLOSING OF MAIN STREET FOR SPECIFIC EVENTS FOR 1995 SEASON - REQUIRED BY CALIFORNIA TRANSPORTATION COMMISSION (960.20) - Adopted Resolution No. 6674 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING DATES FOR THE CLOSING OF MAIN STREET." (March 25 and 26, Art Fair in the downtown; July 4, Fourth of July Parade; August 19 and 20, Fourth Annual Pierfest; September 23 and 24, Art Fair in the downtown; October 29, 30 and 31, Halloween activities; from 6 a.m. to 6 p.m. E-3. (City Council) RESOLUTION NO. 6670 - ADOPTED - MERCHANT BANKCARD PARTICIPATION AGREEMENT - SANWA BANK (600.10) - Adopted Resolution No. 6670 and authorized the City Treasurer or the Senior Deputy City Treasurer and/or the Director of Finance to enter into a Merchant Bankcard Participation Agreement with Sanwa Bank and authorized the City Clerk to complete the certification as provided by Merchant Bankcard Services. Resolution No. 6670 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESIGNATED CITY OFFICIALS TO ENTER INTO MERCHANT BANKCARD PARTICIPATION AGREEMENT." E-4. (City Council) ONE TIME BOARD OF APPEALS FOR FIRE CODE ISSUES - APPROVED (120.25) - Established a one time Board of Appeals, under the guidelines set forth in the Huntington Beach Fire Code Section 2.303 and appointed members from a list of city residents. E-5. (City Council) HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS - CHANGE ORDER INCREASE - CC-905 - KEN THOMPSON, INCORPORATED - APPROVED (600.55) - (1) Authorized the transfer and reimbursement of $21,110.00 from the City of Huntington Beach Water Division reserve account number E-EW-PW-943-6-39-00 to the Capital Project account number E-SM-PC-995-6-75-00 for Cash Contract 905; and (2) increased the authorized change order amount, for Cash Contract 905, from $30,781.00 to $51,891.00 to compensate for a $21,110.00 expenditure directly attributed to the installation of 265 feet of 8 inch water main and appurtenances. E-6. (City Council) CHANGE IN TERM - PROMOTIONAL AGREEMENT WITH CHEVROLET MOTOR DIVISION - LIFEGUARD VEHICLES- APPROVED (600.10) - Approved the change in term of the Promotional Agreement between the city and Chevrolet Motor Division from three years to two years and authorized the Mayor and City Clerk to execute same. The change of term is required by the Chevrolet Home Office. 12'7 Page 14 - Council/Agency Minutes - 03/20/95 E-7. (City Council) AWARD OF CONTRACT FOR LEGAL ADVERTISING SERVICES - HUNTINGTON BEACH INDEPENDENT- APPROVED (600.10) - (1) Awarded contract for providing legal advertising services to the Huntington Beach Independent as the primary newspaper under the bid terms outlined in the Request for Council Action dated March 20, 1995; (2) approved and authorized execution of a three year agreement between the city and the Huntington Beach Independent per the bid terms submitted; (3) approved placing the legal advertisements in the Orange County Register (daily publication) if there is insufficient time to place a legal advertisement in the Huntington Beach Independent and subject to approval by the City Administrator's Office, of the initiating department's reason to advertise in the Orange County Register; and (4) further, at such times as the City Administrator's Office may authorize use of the Register to publish legal notices, the initiating department shall, if time permits, publish said notice in the Huntington Beach Independent. This will assist the public who, except for extraordinary circumstances, must be able to rely on having to read only one newspaper to ensure they have read all the public notices which may have an impact on them. E-9. (City Council) EMERGENCY REPAIR OF CIVIC CENTER OIL WELL NO. 1 - APPROVED (320.45) - Approved approximately $50,000 for unanticipated oil well maintenance and authorized the Fire Chief to effect needed repairs using the city's existing service agreement with Weaver Production. The city derives $36,000 minimum yearly income. E-10. (City Council/Redevelopment Agency) CITY CLERK REPORT AND RECOMMENDATION REGARDING DOWN -PAYMENT ASSISTANCE LOAN DOCUMENTATION AUDIT - COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) - REDEVELOPMENT AGENCY- APPROVED (340.70) - Approved Down Payment Assistance Loan Documentation Audit that the City Council on August 15, 1995 authorized to be prepared by an outside auditor. The Auditor examined nineteen (19) borrowers consisting of a total of twenty-seven (27) notes with an aggregate outstanding balance of $400,876. The outside audit was necessary in order for the City Clerk to ensure the integrity of the loan documents prior to accepting for official filing on behalf of the City Council. (1) Directed all missing title policies, settlement statements and property insurance policies be obtained which will enable the Auditor to complete the review of those specific loans. (2) Directed the repair of any documents which upon advice of the City Attorney's Office could, without repair, cause a potential loss to the city. (3) Approved the expenditure of $750 for the outside Auditor to review the documents which were missing at the time of the audit. When staff completes repair of the loan documents, the Auditor is to examine the corrected documents to insure that the appropriate corrections have been made. The City Clerk will transmit the audit confirmation to the City Council with recommendation to Council that the City Clerk be authorized to accept the loan documents on behalf of the City Council. (4) Approved the proposal dated February 15, 1995 from Kristine Price, Auditor, for the work items which will assist in future city projects for an expenditure of $5,100, which included the $750 in Recommendation No. 1 for a total cost $6,000, with a fifteen percent (15%) discount, for a total coast of $5,100 for contracting the complete project. A communication was received and distributed to Council from Barbara Kaiser dated March 17, 1995. 128 Page 15 - Council/Agency Minutes - 03/20/95 E-11. (City Council/Redevelopment Agency) STATE OF CALIFORNIA COOPERATIVE AGREEMENT - ROADWAY REHABILITATION OF STATE ROUTE 39 (BEACH BOULEVARD) FROM STATE ROUTE 1 (PACIFIC COAST HIGHWAY) TO ELLIS AVENUE - APPROVED (600.20) - Approved Contribution Agreement No. 12-ORA-39 PM 0.0/3.1 for Roadway Rehabilitation from State Route 001 (Pacific Coast Highway) to Ellis Avenue in Huntington Beach 12222 - 000421 District Agreement No. 12-239 and authorized the Mayor and the City Clerk to execute same. E-8 (City Council) SUPPORT OF CONTINUED OPERATIONS OF LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES - REQUESTED BY SOUTHERN CALIFORNIA ASSOCIATION OF GOVERNMENTS (SCAG) - RESOLUTION NO. 6673 - NO ACTION TAKEN (120.70) The City Clerk presented a communication from Administration transmitting proposed Resolution No. 6673 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE CONTINUED OPERATIONS OF THE LONG BEACH NAVAL SHIPYARD AND OTHER SOUTHERN CALIFORNIA MILITARY FACILITIES." Councilmember Bauer recommended that Council take no position on Resolution No. 6673. Discussion was held by Council. On motion by Sullivan, second Green, Council determined that no action would be taken on Resolution No. 6673. The motion carried by unanimous vote. F-2. (City Council) DRAFT BOLSA CHICA DEVELOPMENT AGREEMENT AND SERVICES DELIVERY AGREEMENT - DRAFTED BY COUNTY OF ORANGE AND KOLL REAL ESTATE GROUP - COUNCIL ACTION TAKEN (600.10) The City Clerk presented a communication from the Assistant City Administrator, Director of Community Development, Fire Chief, Chief of Police and Deputy City Administrator, Administrative Services, regarding the Bolsa Chica Development Agreement drafted by the County of Orange and the Koll Real Estate Group. The Development Agreement provides Koll the reassurance that it will be able to develop its property under the plan approved by the county, subject to Coastal Commission approval of the plan and other conditions and to allow the County to obtain additional benefits, in excess of improvements required through mitigation measures. The Development Agreement does not include provisions to insure that there will be no fiscal impacts to the City of Huntington Beach. At the direction of the Bolsa Chica Council Committee, city staff, the county and the Koll Company have been discussing the provision of Fire/Paramedic, Police, Library, Traffic/Circulation, and Ministerial permit processing/inspection and means to resolve the fiscal impacts to the city associated with development of the Bolsa Chica. Transmitted for the City Council's review and consideration are a proposal for provision of fire facility funding between Koll and the City of Huntington Beach and the staff's comments on the draft Development Agreement. The City Administrator reported. Page 16 - Council/Agency Minutes - 03/20/95 Considerable discussion was held between the Council and the City Administrator including the subject of the Bolsa Chica being annexed to the city. The Assistant City Administrator presented a review of the staff report. He announced the new slide report copies and also the Development Agreement and the county staff report which is going to the County Planning Commission. He stated these had been received after business hours on Friday and that city staff has not had a chance to review. The following communications had been received on the subject and had been announced earlier in the meeting by the City Clerk pursuant to the Brown Act: Bolsa Chica Attachment No. 4 - Draft Service Agreement, Bolsa Chica Attachment No. 11 - County Staff Report for the March 2, 1995 Orange County Planning Commission hearing. Community Development Department Bolsa Chica Slide Presentation. Communication from Councilmember Dave Sullivan, Bolsa Chica Council Committee Chairman dated March 20, 1995 regarding the Bolsa Chica Council Committee Recommendation on the Bolsa Chica Development Agreement. Communication from Amigos de Bolsa Chica dated March 29, 1995 requesting that the County of Orange grant a continuance of the hearing on the draft Development Agreement currently being negotiated between the County of Orange and Koll Company. Communication from Bob Winchell, representing Huntington Beach tomorrow, dated March 19, 1995 regarding the Draft Bolsa Chica Agreement Fire Chief Dolder reported at length. He referred to a wall map displaying the three areas of the city that are deficient in meeting the Fire Department's Response Time Goals: Huntington Harbour, Bolsa Chica, and Holly-Seacliff and which showed the City's Fire Master Plan Station Locations. He spoke regarding the effect of the county's plan on the Fire Department's response capabilities including the effects of the loss of the planned cross gap connector. Councilmember Green spoke regarding Attachment No. 10 Fiscal Impact on City - Bolsa Chica Project - Unfunded City Costs. The Police Chief responded to Councilmember Green regarding the one time amount of funding that Koll Company had offered for police services impact. The City Administrator reported further. The Police Chief responded to Councilmember Dettloff's question regarding public expectation of city police services by the city's police department. Councilmember Bauer clarified the level of support up front and on -going. Councilmember Garofalo questioned as to the expectancy of when the first foundation would be laid. The Community Development Director responded, two years approximately. The Library Services Director reported regarding library services. 1130 Page 17 - Council/Agency Minutes - 03/20/95 Bob Eichblatt, City Engineer, responded to questions relative to the possibility of getting improvements to intersections, turning pockets, additional right and left turn lanes that are called for in the mitigation measures without condemnation or narrowing lanes to ridiculous levels. Councilmember Bauer asked how the problem of Pacific Coast Highway and Warner Avenue would be dealt with and the City Engineer reported on the joint staff, county, city project which is being planned. Councilmember Bauer questioned the nature of that project as he stated he did not believe there could be mitigation. He reported on traffic impact mitigation. Councilmember Garofalo presented questions to City Engineer Eichblatt regarding the effects on the entire city from the mitigation of traffic negotiated in this agreement. Bob Franz, Deputy City Administrator, Director of Administrative Services, presented a report using slides on fiscal impacts. The Community Development Director read provisions regarding the language which should be included prior to the first final tract map and gave more proposed conditions. Councilmember Sullivan reported regarding his communication announced earlier in the meeting by the City Clerk dated March 20, 1995 regarding the Bolsa Chica Council Committee Recommendation on the Bolsa Chica Development Agreement. A motion was made by Dettloff, second Green, to approve the following recommended actions: 1. Direct staff to prepare a written request for continuance of County action on the development agreement until the following actions have been completed: 2. Language is added to the development agreement to mitigate the City's fiscal impacts. 3. Language is added to the development agreement to reference the service agreements. 4. Resolution of fire service issues with the Orange County Fire Authority (OCFA). 5. Adoption of fire service agreement between the city and Koll Real Estate Group. 6. Development of a program that mitigates city cost for police service impacts from Bolsa Chica. 7. Response from Sheriff Gates on the request for a police service contract for the Bolsa Chica. 8. Revision of the County staff report to reflect the city's position on library service issues. 131 Page 18 - Council/Agency Minutes - 03/20/95 9. Council Committee Recommendation: Incorporation of language requesting denial of the development agreement if action is not continued as follows: "if the County Planning Commission does not continue action on the development agreement in order to allow time to resolve the city's fiscal impacts and development agreement issues, the city requests that the county Planning Commission recommend denial of the development agreement to the Board of Supervisors." The development agreement, in its current form, violates the Board of Supervisor's December 14, 1994, motion which states that ...."Prior to or concurrent with any Board action on a development agreement or final action on the LCP (Local Coastal Program) for the project, a comprehensive plan addressing Sheriff/Police, fire protection and other necessary services shall be provided to the Board. Said plan shall be prepared in consultation with the City of Huntington Beach and provide specific recommendations and timetables to ensure the funding of services for the project. It is the policy of the Board that the costs of county and city services and facilities necessary to serve the development shall not be borne by existing residents. The comprehensive plan and recommended mitigation measures to be presented to the Board shall be consistent with this policy directive." The Council Committee supported the recommended motion for continuance, but recommended that the Council includes the above language in its action, as well as in the city's comment letter. An amendment to the motion was made by Green, seconded by Garofalo, that the Council direct the Bolsa Chica Council Committee to meet with county officials and staff, and Koll Company representatives to resolve these mutual concerns with a target date for resolution to be April 11, 1995. Councilmember Bauer spoke in opposition to the target date. Councilmember Dettloff asked that the target date be removed. Further discussion was held by Council and staff. Councilmember Green revised his amendment as follows: That the Council direct the Bolsa Chica Council Committee and city staff to meet with county officials and staff, and Koll Company representatives to resolve these mutual concerns with goal for resolution to be April 11, 1995. The amendment was accepted by Councilmember Dettloff. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None 132. Page 19 - Council/Agency Minutes - 03/20/95 Motion For Meeting To Proceed Past 11:00 P.M. -Approved On motion by Garofalo, second Green, Council approved proceeding past the 11:00 p.m. deadline in order to finish the agenda. The motion carried by unanimous vote. F-4. (City Council) ACQUISITION OF CITY GYM AND POOL PROPERTY - RESOLUTION NO. 6671 - ADOPTED - APPLICATION FOR GRANT FUNDS UNDER 1988 CALIFORNIA WILDLIFE, COASTAL AND PARKLAND CONSERVATION ACT FOR CITY GYM AND POOL (650.20) The City Clerk presented a communication from the Director of Community Services regarding an opportunity for the city to utilize a 1988 California Wildlife, Coastal and Parkland Conservation Act grant to acquire the Huntington Beach City School District property upon which the City Gym and Pool building sits. A motion was made by Harman, second Green, to adopt Resolution No. 6671 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARKLAND CONSERVATION ACT OF 1988 FOR THE LAND ACQUISITION AND RENOVATION OF THE CITY GYM AND SWIMMING POOL." and approve purchase of the Huntington Beach City School District property on which the City Gym and Pool building sits for $437,000 with moneys from the 1988 California Wildlife, Coastal and Parkland Conservation Act. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None F-5. (City Council) AMENDMENT NO. 2 - POPPIN AND SHIER - ORANGE COUNTY BANKRUPTCY LEGAL SERVICES - APPROPRIATION OF FUNDS - APPROVED AS AMENDED AND MONTHLY BILLINGS TO BE SUBMITTED (600.10) The City Clerk presented a communication from the City Attorney regarding appropriation of an additional $100,000 to continue services of special bankruptcy counsel Poppin and Shier in connection with the Orange County Bankruptcy. The City Attorney suggested that the Agreement be modified on Page 2 to provide that the agreement shall not exceed fifty thousand dollars ($50,000) without further express limitation. 133., Page 20 - Council/Agency Minutes - 03/20/95 Following discussion, a motion was made by Garofalo, second Green, to approve Amendment No. 2 to the Agreement between the city and the Law Firm of Poppin and Shier for Bankruptcy Legal Services in connection with the County of Orange, as amended that the agreement expenditure shall not exceed $50,000 without further authorization of Council and the firm of Poppin and Shier to submit a monthly billing. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None ORDINANCES FOR ADOPTION After a reading by title, on motion by Sullivan, second Garofalo, the following ordinance was adopted by roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: None G-1 a.(City Council) ORDINANCE NO. 3276 - ADOPTED - ZONE CHANGE NO. 94-5 - SOUTH OF MEMPHIS - WEST OF BEACH BOULEVARD NORTH OF KNOXVILLE - EASE OF FLORIDA (450.20) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 12 (SECTIONAL DISTRICT MAP 11-6-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED SOUTH OF MEMPHIS AVENUE, WEST OF BEACH BOULEVARD, NORTH OF KNOXVILLE AVENUE AND EAST OF FLORIDA STREET FROM C-4 (HIGHWAY COMMERCIAL) AND R3 (MEDIUM - HIGH DENSITY RESIDENTIAL) TO RM (MEDIUM DENSITY RESIDENTIAL) (ZONE CHANGE NO. 94-5)." The public hearing and introduction were approved, as amended, on March 6, 1995. (City Council) ORDINANCE NO. 3277 - SUBLEASE MOBILE HOMES IN MOBILEHOME PARKS (640.10) The City Clerk presented a communication from Administration transmitting Ordinance No. 3277 for consideration by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW CHAPTER 17.38 THERETO REGARDING TEMPORARY RENTAL OF MOBILE HOMES." (Allows residents of mobile home parks to sublease their homes when they are unable to reside in their mobilehome. This ordinance will not impair the obligations of existing contracts.) Mayor Leipzig spoke regarding the portions of the proposed ordinance for which he had concern. Motion To Defer Ordinance No. 3277 To April 3, 1995 - FAILED Following discussion, a motion was made by Leipzig, second Green, to defer Ordinance No. 3277 to the April 3, 1995 Council meeting and to direct the staff to investigate which other 134 cities have such ordinances. Page 21 - Council/Agency Minutes - 03/20/95 The motion FAILED by the following roll call vote: AYES: Leipzig, Green, Garofalo NOES: Harman, Bauer, Sullivan, Dettloff ABSENT: None The City Attorney reported on the Opinion issued by her office to Mike Adams, Director of Special Projects, dated November 15, 1994 titled Regulations of Mobilehome Park Rental Agreement Provisions RLS 94-691 which read that the city can pass an ordinance permitting sub -leasing of mobilehomes without violating the Mobilehome Residency Law. Motion To Approve Ordinance No. 3277 - FAILED For Lack Of A Second A motion was made by Sullivan, second Harman, to approve introduction of Ordinance No. 3278, after reading by title. Further discussion was held by Council regarding provisions of the ordinance. Councilmember Sullivan withdrew his second to the motion. Motion To Continue Ordinance No. 3277 For Two Weeks For Further Staff Work - Approved On motion by Green, second Leipzig, Council continued consideration of Ordinance No. 3277 for two weeks so that a better ordinance can be crafted. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Green, Garofalo NOES: Dettloff, Bauer ABSENT: None G-2b. (City Council) ORDINANCE NO. 3278 - DEFENSE OF CLAIM BY OUTSIDE COUNSEL - CONTINUED FOR STUDY (640.10) The City Clerk presented a communication from the City Attorney's Office transmitting Ordinance No. 3278 for Council's consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 3.03 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING A SECTION PERTAINING TO THE DEFENSE OF CLAIM BY OUTSIDE COUNSEL." (City Attorney may retain services of an attorney or law firm to defend the city on an as needed basis and set standards for reimbursement of reasonable costs and fees.) The City Attorney referred to her communication to Council dated March 20, 1995 titled Amended Draft Ordinance No. 3278 which had been announced earlier in the meeting by the City Clerk. The Council was informed of the following amended language from the ordinance in the Council packet - "City Attorney shall notify the City Council of such assignment and the nature of the case assigned to outside counsel."' 1`3'� Page 22 - Council/Agency Minutes - 03/20/95 The City Clerk inquired whether the ordinance provided that the notification to the City Council of assignment meant that the assignment and nature of the case would return on the City Council Agenda to meet the quorum requirements of notifying the legislative body, i.e.; (City Council). A motion was made by Harman, second Garofalo, to continue Ordinance No. 3278 for study. The motion carried by the following vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (out of room) (City Council) LEGALITY/FEASIBILITY OF PROVIDING FINANCIAL ASSISTANCE TO ENCOURAGE BUSINESS EXPANSION/PROMOTION - REPORT REQUESTED (460.30) The City Clerk presented a communication from Councilmember Garofalo requesting that Council direct staff to investigate and prepare a response on the legality/feasibility of providing financial assistance, specifically but not necessarily limited to a sales tax rebate, to encourage business expansion, promotion, attraction or other activity by a business or group of businesses which would financially benefit the city. A communication was received and distributed to Council from Jack A. Caswell, President of Huntington Beach Automobile Dealers Association, Incorporated dated March 15, 1995 in support of the proposed Agenda Item to provide financial assistance to encourage business expansion and promotion. On motion by Garofalo, second Sullivan, Council approved the recommended action of Councilmember Garofalo and directed the City Administrator to investigate how other cities implement this type of business assistance. The motion carried unanimously. (City Council) COUNCIL AUTHORIZATION TO FORWARD LETTERS TO STATE HISTORIC RESOURCES COMMISSION AND CALIFORNIA COASTAL COMMISSION REGARDING WORLD WAR II BUNKER ON THE BOLSA CHICA MESA - APPROVED WITH ADDITIONAL DIRECTION (910.30) The City Clerk presented a communication from Mayor Pro Tem Sullivan requesting that Council authorize two letters to the State Historic Resources Commission and the California Coastal Commission regarding upcoming demolition plans for the large World War II Bunker at the Bolsa Chica mesa. In September, 1994, the National Park Service declared the large World War II Bunker on the Bolsa Chica mesa eligible for listing on the National Register of Historical Places. Mayor Pro Tern Sullivan spoke regarding the declaration by the National Park Service and stated that in light of this declaration, he proposed that the City Council send a letter to the State Historic Resources Commission inviting them to come to Huntington Beach for an informational meeting on the historical aspects of the Bolsa Chica so they can be discussed in front of our own public. He stated that at the time because of public request there was a meeting scheduled but for some 13 d eason was postponed. Page 23 - Council/Agency Minutes - 03/20/95 Considerable discussion was held by Council. Councilmember Dettloff requested that Mayor Pro Tem Sullivan call and ascertain the status of the matter with the State Historic Resources Commission as in recent conversations with the State Historic Resources Commission she did not get the impression they were coming in April; that some things may have changed in the interim. A motion was made by Sullivan, seconded by Bauer, to forward letter Draft A to be sent to the State Historic Resources Commission (as presented in Mayor Pro Tem Sullivan's memorandum to the City Clerk dated March 15, 1995 regarding Request for an "H" Item on City Council Agenda for March 20, 1995). Councilmember Garofalo informed Mayor Pro Tem Sullivan that he would be abstaining from the vote as he is unsure as to what his vote means. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: Green ABSENT: None ABSTAIN: Garofalo Mayor Pro Tem Sullivan spoke regarding his proposal to send a second letter for some of the same reasons to the California Coastal Commission as they have issued a permit some time ago which will allow destruction of the bunkers on April 15 due to their scheduling. He stated he was informed by the California Coastal Commission staff that basically they can not postpone or deny the permit unless there is cause such as for example some fraudulent information when the permit was allowed or lack of noticing or something similar. He spoke regarding the present situation that the bunker has been listed as eligible by the National Park Service for listing on the National Register of Historical Places as it relates to the need for clarification of this issue and to send letters to various agencies asking questions like what is the implication for your agency of the listing on the National Register for possible preservation of the bunkers? What is your agency's responsibility in this regard? He stated a quick response would be needed as destruction would take place as early as June 15th. Councilmember Dettloff stated that she understood that at this time the California Coastal Commission felt that at this particular moment there was no basis to revoke the permit as requested by the individuals who had filed. However, that was not to say that the California Coastal Commission is not continuing to look into some information that was provided to them. She spoke regarding her conversations with the Army Corps of Engineers and the Advisory Council on Historic Preservation in Washington, D.C. 137 Page 24 - Council/Agency Minutes - 03/20/95 A motion was made by Sullivan, seconded by Bauer, that Council send a letter to the National Park Service, National Registry of Historic Places Division, Army Corps of Engineers and to the Advisory Council on Historic Preservation, pointing out that the bunkers have been made eligible, and ask the questions: (1) What is the implication of the listing for possible preservation of the bunkers? (2) Also asking for a quick response since the California Coastal Commission has in place a permit that would allow destruction of these on April 15, 1995. Further that Council set up a meeting with the Koll Company, the Bolsa Chica Council Committee, or a representative of the committee and a representative of the city's Historic Resources Board to discuss the status of the bunkers, the legal requirements, plans to acknowledge not only the World War II history but also the Native American Heritage. Mayor Pro Tern Sullivan asked Councilmember Dettloff if she believes the second action, in time, should lag this one until the Council received this information back from these agencies. Councilmember Dettloff replied that they were not timely so Council may have to reconsider. Nancy Donavan, member of the public, stated that she knew she was out of order but the date is April 15 when destruction can start not June 15. Mayor Pro Tern Sullivan thanked her for this correction. The motion carried by the following roll call vote: AYES: Harman, Bauer, Sullivan, Leipzig, Dettloff NOES: Green ABSENT: None ABSTAIN: Garofalo (City Council) COUNCILMEMBER HARMAN ANNOUNCED APPOINTMENT OF FINANCE BOARD MEMBER - CHARLES CRUIT Councilmember Harman announced the appointment of Charles Cruit to serve as his appointee to the city Finance Board. 138 Page 25 - Council/Agency Minutes - 03/20/95 ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 27, 1995 at 5:00 p.m. in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk 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 139