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HomeMy WebLinkAbout1996-02-26 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH Council Chamber, Civic Center Huntington Beach, California Monday, February 26, 1996 Call To Order Mayor Sullivan 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 the Council Chamber. City Council/Redevelopment Agency Roll Call: . Present: Harman, Bauer, Leipzig, Garofalo, (Sullivan, Dettloff, Green arrived at 5:15 p.m.) Absent: None Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 5:05 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation regarding the Huntington Beach Police Officers Association Lease of Gun Range. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. Number of Potential Cases - 1. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation concerning the Bolsa Chica Project. Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency in the Council Chambers to take action. Page 2 - Council/Agency Minutes - 02/26/96 (City Council) Closed Session - Jacobs v. City Litigation (120.80) Upon information provided by the City Attorney, a motion was made by Harman, second Bauer, that pursuant to the Brown Act the need to take action on the Jacobs vs. City litigation, pursuant to Government Code Section 54954.2 (b) (2) arose after the posting of the City Council/Redevelopment Agency Agenda. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Recess - Reconvene City Council/Redevelopment Agency Mayor Sullivan called a recess of the City Council -Redevelopment Agency meeting to resume the closed session. The Mayor reconvened the regular meeting of the City Council and Redevelopment Agency at 7:30 p.m. in the Council Chamber. Pledge Of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. City Council/Redevelopment Agency Roll Call: Present: Harman, Bauer, Leipzig, Sullivan, Dettloff, Green, Garofalo Absent: None Late Communications Announced By The City Clerk Pursuant To The Brown Act The City Clerk, pursuant to the Brown Act, announced that the following late communications distributed to the City Council were available to the public at her desk and in her office tomorrow morning: Communication from Mrs. C. R. Robison, dated February 23, 1996, in support of joining the lawsuit vs. California Coastal Commission regarding the Bolsa Chica wetlands. Communications in opposition to joining the lawsuit against the California Coastal Commission regarding Bolsa Chica wetlands from James R. McLaughlin, Huntington Beach/Fountain Valley Association of Realtors, dated February 22, 1996 and from Barry Ellerbroek, Huntington Beach Chamber of Commerce Chairman, dated February 26, 1996. Communication from John Pach, dated February 26, 1996, in support of keeping the police gun range open. ME 02/26/96 - City Council/Redevelopment Agency Minutes - Page 3 Twelve (12) additional letters of support of keeping the gun range open to the public. Overview of Draft General Plan,' dated February 26, 1996, from the Community Development Department. Discussion Of Safety Report And Direction To City Staff Regarding The Gun Range Matter - Continued To March 4, 1996 (600.10) The Mayor announced that the item regarding the Police Fun Range would be placed on the March 4, 1996 City Council Agenda. A communication regarding the City Police Gun Range from the City Administrator dated February 23, 1996 was announced by the City Clerk. This announced was made immediately prior to the Council announcement. (City Council) Huntington Beach Swap Meet - Request For Assistance - Amend Business License Fee Ordinance (340.30) The City council considered a communication from the Economic Development Director informing Council that the city, by prior action, permitted the development of an indoor swap meet in an industrial zone. This approval included a modification of the city's Business License Ordinance to levy a business license fee of $12,000 a month on this use in order to ensure the city a minimum level of revenue from this use. The developer of the indoor swap meet is requesting six months relief from the business license fee. A communication received from Marline Pierce, Bookabrac and Collectibles, dated February 22, 1996, in support of said request was included in the agenda packet. The City Administrator reported. In response to Councilman Garofalo, the Economic Development Director reported that one of the options would be to increase the amount of the Letter of Credit. Discussion was held regarding deferral versus waiver of fees. Councilman Bauer spoke regarding the history of the project. R02 Page 4 - Council/Agency Minutes - 02/26/96 Following discussion, a motion was made by Bauer, second Harman, that Council deny the request from the developer of the indoor swap meet for six months relief from the business license fee. The motion carried by the following roll call vote: The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSENT: None ABSTAIN: Garofalo (City Council) Resolution No. 96-10 - Adopted - Opposition to County Ballot Measure S - Which Opposes A Commercial Airport on El Toro Marine Corps Air Station Site (640.30) The City Council considered a communication from Brian Smith, Management Assistant, stating that Measure S, which opposes a commercial airport on the El Toro Marine Corps Air Station site, has qualified to be on the county ballot for the March 26, 1996, primary election. Rich Barnard, Deputy City Administrator, presented a staff report. On motion by Garofalo, second Green, Council Adopted Resolution No. 96-10 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING MEASURE S." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Resolution No. 96-12 - Adopted - Supporting Renewal Of Offshore Oil Drilling Moratorium And Federal Legislation To Provide Long -Term Protection From Offshore Oil Drilling - Councilmen Green And Leipzig Appointed As City Representatives To Serve On Coalition Of California Cities And Counties (640.50) The City Council considered a communication from Deputy City Administrator Barnard informing Council that a coalition of California Cities and counties have historically worked together to secure a ban on oil drilling off the California Coast within the Outer Continental Shelf (OCS) waters. The current coalition is headed by the City of Newport Beach. Huntington Beach is being asked to adopt a resolution which supports Federal legislation (HR 2241 and HR 2242) designed to provide long term protection for offshore oil drilling, as well as support renewal of the offshore oil drilling moratorium Rich Barnard, Deputy City Administrator, presented a staff report. Considerable discussion was held regarding various aspects of the issue. 03 02/26/96 - City Council/Redevelopment Agency Minutes - Page 5 On motion by Harman, second Garofalo, to adopt Resolution No. 96-12 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING RENEWAL OF THE OFFSHORE OIL DRILLING MORATORIUM AND FEDERAL LEGISLATION TO PROVIDE LONG TERM PROTECTION FROM OFFSHORE OIL DRILLING."; authorize the expenditure of $2,000 from the Inter -Governmental Affairs Budget to support the coalition's lobbying efforts; and designate Councilman Peter Green and Councilman Victor Leipzig to serve as the city representatives on the coalition and be the city contact. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Agreement Approved - County Of Orange - Federal Beach Erosion Control Project - Stage 10 - Army Corps Of Engineers (AA 600.25) The City Council considered a communication from Community Services Director informing Council that because of funding issues with the various agencies involved there is a need to again reaffirm the city's commitment not to participate in the Army Corps of Engineers' Sand Replenishment Program, Stage 10. The Community Services Director presented a staff report. On motion by Leipzig, second Green, Council approved an amendment to the current year budget by appropriating $95,400 for Stage 10 of the sand replenishment project from the General Fund Unappropriated Fund Balance and approved and authorized execution of an Agreement between the city and County of Orange, Federal Beach Erosion Control Project Stage 10. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3322 - Adopted - Purchasing Ordinance Regarding Acquisition Of Equipment - Authorized Chief Of Administrative Services To Enter Into Lease And Purchase Agreements (640.10) The City Council considered Ordinance No. 3322 purchasing ordinance regarding acquisition of equipment. Page 6 - Council/Agency Minutes - 02/26/96 Following a reading by title, on motion by Leipzig, second Green, Council adopted Ordinance No. 3322 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 3.02.050 AND 3.02.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE ACQUISITION OF SUPPLIES, SERVICES AND EQUIPMENT." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Ordinance No. 3323 - Introduction Deferred To March 18, 1996 - Personnel Commission Term Limit (110.10) The City Council considered Ordinance No. 3323-- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 272.060 AND 2.100.060 OF THE HUNTINGTON BEACH MUNICIPAL CODE REGARDING THE TERM OF THE PERSONNEL COMMISSION." Councilman Garofalo presented several comments regarding the proposed ordinance including proposed qualifications for members and the goals and objectives of the City Council relative to this commission. Councilwoman Dettloff informed Council that she had received several questions from the employee associations regarding proposed qualifications for members of the Personnel Commission which she was unable to answer. Councilwoman Dettloff stated that she supported the concept, however, in fairness to all affected including the Personnel Commissioners, she did not believe there was enough information available on this issue. Councilman Bauer gave reasons why he believed action could be taken at this time. Councilman Green informed the Council that he would be voting against the proposed ordinance as he believed there should be continuity or a grandfathering process established. Considerable discussion was held. On motion by Garofalo, second Green, Council deferred action on Ordinance No. 3323 to March 18, 1996, in order for the City Administrator to return with a plan of action on how to fill these four slots. Motion carried unanimously. 105 02/26/96 - City Council/Redevelopment Agency Minutes - Page 7 Public Comments Chuck Barbara Council on Aging representative, addressed Council in opposition to spending money to join a lawsuit on the Bolsa Chica, particularly in light of closing the Senior Outreach Program. He gave reasons why he opposed such a lawsuit including his belief that fire and police services would experience increased demands as the outreach people, volunteers and social workers would no longer be meeting the needs of the older adults and the calls to 911 would increase. Lydia Stein -Wetter, Council On Aging representative, spoke in opposition to cutting the Senior Outreach services. She urged Council to vote against the lawsuit on the Bolsa Chica. Harold Schechter, President of the Council on Aging, spoke in opposition to the Bolsa Chica lawsuit as the funds could be used for senior services such as the Meals on Wheels Program. Michael Guest, Amigos de Bolsa Chica/Bolsa Chica Alliance representative, recommended against filing a lawsuit on the Bolsa Chica and presented reasons stating that the city has already negotiated for services such as schools and fire services. Tom Liven -good, Amigos de Bolsa Chica representative, stated that the Amigos de Bolsa Chica was not taking a position on the lawsuit at this time. He presented a history of the Amigos position on the Bolsa Chica. He stated that the Amigos still have not received a copy of the California Coastal Commission's findings but hopefully will soon be able to review it for future commentary. Bob Winchell stated that he was pleading with the City Council to initiate litigation against the Coastal Commission as he believes failure to do so in this instance will allow the Commission to gut any provision that exists in the Coastal Act thus threatening other city coastal resources, beaches, bluffs, etc. He gave reasons why the funds on the Bolsa Chica have not been expended in vain citing the consultant's estimate of approximately $50,000 - $60,000 in start up costs that will be lost to the city and $5,000,000 plus in perpetuity and other revenue losses. Mr. Winchell spoke regarding the enormous costs to the city of the Koll Development; that there were no agreements or guarantees and the developer has not come to the table; that the citizens and their quality of life must be protected. (City Council) Communication From Councilmember Ralph Bauer Regarding Addressing The Future Of The Bolsa Chica (440.60)- The Council considered a communication, dated February 22, 1996, from Councilman Bauer submitting concepts which the City Council may wish to consider in addressing the future of the Bolsa Chica. Page 8 - Council/Agency Minutes - 02/26/96 Councilman Bauer reviewed the portion of his communication regarding proposed litigation on the Bolsa Chica Development and California Coastal Commission action. Councilman Garofalo made a presentation using slides setting forth information that he had obtained through city material and discussion with staff. Extensive comments were made by each Councilmember. Motion to Initiate Legal Action Regarding Contesting California Coastal Commission Action On Bolsa Chica - Koll Development - Motion FAILED (400.60) A motion was made by Bauer, second Harman, that the City of Huntington Beach retain legal counsel for independent legal action against the Coastal Commission contesting the California Coastal Commission recent actions regarding Bolsa Chica. The motion FAILED by the following roll call vote: AYES: Harman, Bauer, Sullivan NOES: Leipzig, Dettloff, Green, Garofalo ABSENT: None Motion Against Initiating Legal Action Regarding Contesting California Coastal Commission Action On Bolsa Chica - Koll Development - Approved (440.60) A motion was made by Green, second Garofalo, that the city does not initiate legal action concerning the Bolsa Chica. The motion carried by the following roll call vote: AYES: Leipzig, Dettloff, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: None Motion That Council Support Legal Action By Other Groups Contesting The Legality Of California Coastal Commission Action On Bolsa Chica - Aroved (440.60) A motion was made by Bauer, second Leipzig, that the City of Huntington Beach support legal action by other groups which are contesting the legality_ of the action recently•taken by the California Coastal Commission with regards to the Bolsa Chica, but that the city make no direct monetary contribution to that action. The Council however encourages donation of funds to support such legal action. It is further proposed that the city lend technical support to such legal action in areas of expertise the city possesses. The level of staff support is to be recommended by the City Administrator and approved by a majority of the City Council. .07 02/26/96 - City Council/Redevelopment Agency Minutes - Page 9 At the request of the City Attorney, Councilman Bauer clarified that the staff including the City Attorney's Office would come back to the Council and make a recommendation whatever it has to be and that these recommendations through the City Administrator would have to be approved by a majority of the City Council Discussion was held by Council. Councilman Garofalo gave reasons why he believed the motion was contradictory with the previous motion. The City Attorney responded to Councilman Green regarding whether the motion was correct according to Robert's Rules of Order as the motion not to sue had already carried. She presented her understanding of Councilman Bauers motion. Further discussion was held. The City Clerk repeated the motion, reading from Councilman Bauers notes just presented to her. "That the City of Huntington Beach support legal action by other groups who are contesting the legality of the action recently taken by the California Coastal Commission with regards to the Bolsa Chica, but that the city make no direct monetary contribution. The Council however, encourages donation of non -city funds to support such legal action. It is further proposed that the city lend technical support to such legal action in areas of expertise the city possesses. The level of such staff support is to be recommend by the City Administrator and approved by a majority of the City Council." Mayor Sullivan stated that he would vote against the motion as he believes the Coastal Act has been violated. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Dettloff NOES Sullivan, Green, Garofalo ABSENT: None A motion was made by Garofalo, second Dettloff, that the City Council of the City of Huntington Beach proclaim its desire to negotiate with the Koll Company on the resolution of all issues pertaining to the body of land called the Bolsa Chica. The motion carried unanimously. Recess - Reconvene The Mayor recessed the City Council and Redevelopment Agency meeting at 9:15 p.m. The meeting was reconvened at 9:30 p.m. in the Council Chambers. Page 10 - Council/Agency Minutes - 02/26/96 (City Council) Study Session No. 1 - General Plan Amendment No. 94-2 - Environmental Impact Report No. 94-1 - (Comprehensive Update Of The Huntington Beach General Plan (440.50) The City Council considered a communication from the Community Development Director transmitting material information on five elements of the General Plan Amendment: Air Quality Element, Noise Element, Environmental Hazards Element, Hazardous Materials Element, Utilities Element. Included was a communication from Brian James, Assistant Planner, dated February 21, 1996, submitting minor informational changes occurring in he technical synopsis sections of the Environmental Hazards, Public Facilities and Services, and Hazardous Materials Elements (These changes do not impact policies.) A communication titled Huntington Beach Draft General Plan Environmental Impact Report prepared by the Community Development Department was distributed to Council The overview of Draft General Plan, dated February 26, 1996, from The Community Services Department announce earthier in the meeting had been distrusted to Council. The Community Development Director presented a review of the presentation outline. She thanked Jack Bowland and Gerald Chapman for their leadership on the General Plan Advisory Committee and she also thanked the great number of citizens who gave input. She also thanked the Planning Commission for their hard work and dedication in ironing out many problems satisfactorily before passing it on to the City Council. The Community Development Director introduced Linda Niles, Senior Planner, Herb Fauland, Senior Planner and Mr. Woody Tescher, consultant. The Community Development Director stated that Mr. Tescher would make a report including the legal and planning theories on the General Plan. Mr. Tescher reviewed "What is A General Plan," functions of a General Plan. He presented an overview of the Environmental Impact Report. Brian James, Assistant Planner, distributed material titled Overview of Draft General Plan dated February 26, 1996, from the Community Development Department. Tom Livengood, General Plan Advisory Committee (GPAC) member and Planning Commissioner, referred to a roster of the GPAC Committee and the groups they represented and the Council appointed representatives which had just been distributed to Council and the City Clerk. Ed Kerins, Planning Commissioner, spoke regarding the study session process used by the Planning Commission. Linda Niles reported on the purpose of the subcommittee on the General Plan which consisted of Councilman Bauer, Councilwoman Dettloff, Planning Commissioner Livengood and Planning Commissioner Kerins. He stated that major issues brought forward by the community and interested parties in the city were discussed and most were resolved to the satisfaction of most of the community in attendance, with a few outstanding issues remaining. 02/26/96 - City Council/Redevelopment Agency Minutes - Page 11 Councilman Bauer spoke regarding the issue, stating that the City Council should be very proud of the Planning Commission for the magnificent job and number of hours they have spent. He spoke further regarding the goals of the General Plan. Councilwoman Dettloff thanked staff and the Planning Commission and expressed her gratitude. Linda Niles, Senior Planner, using slides, presented a review on how the General Plan is organized. She presented an overview of the elements including the " optional" elements that the city chose to include in the General Plan. Herb Fauland, Senior Planner, reviewed the Major Recommendations of the Draft General Plan. Brian James, Assistant Planner, reviewed the Land. Use Plan, the Air Quality, Noise Element; Environmental Hazards; and Utilities Element. Councilman Harman asked if the Gun Range noise and leaf blower noise was to be reviewed as part of the park element or noise element, or both. Ms. Niles stated that staff would look into this and these types of questions are what the staff is soliciting. The Community Development Director stated that a noise ordinance limiting decibel level maximum at the gun range would be appearing before the City Council in about two month and would be consistent with the Noise Element.. Councilman Harman questioned if the SCAG comment that there may be a need for a second generating unit at the Edison Plant had been discussed in the Air Quality Element or the Utilities Element, as the Air Quality Element points out that the Edison Plant is a major polluter in the City. Ms. Niles stated it had been and that a representative of the Edison Company was at the Planning Commission meeting and could also address the City Council. Councilman Harman spoke regarding the need to set guidelines if such expansion is planned. The Planning Director stated that the Edison Company representative had been discussing plant dismantling rather than expansion and that the General Plan Advisory Committee had discussed alternative land uses. Page 12 - Council/Agency Minutes - 02/26/96 Mr. Tescher reported that Edison Company, at the request of the City, had prepared a written response that they saw that saw no need for additional expansion for the life of the General Plan. Mr. Tescher stated other issues such as plant dismantling or replacement with something else had not been addressed. Mr. Tescher addressed the issue of air quality impacts from not only vehicle usage in the city but from the Edison Plant, adoption of overriding considerations the role of the Air Quality Management District, including following mitigation measure and requirements, policies in the Land Use Element regarding prioritizing alternatives for re -uses of public sites. Councilman Harman requested information as to why California Resources site had been omitted and Mr. Tescher responded that California Resources should have been included. Councilman Bauer commented on the need to find a method to finance infrastructure replacement and urged that the city move forward with this issue simultaneously with the General Plan. Discussion was held regarding the Reference Guides set of documents distributed by staff to Council last May and questioned if staff would be utilizing these documents during the study sessions. Ms. Niles stated there was a lot of good information in the Guide and she would review it to determine if there were things that would especially help the process go quickly and return to the Council at the next study session. The City Administrator reported on the infrastructure program being worked on by the staff and Finance Board and that he would be bringing it before Council. Council Garofalo Report Regarding FEMA Application - Bluff Top Erosion Project (120.90) Councilman Garofalo informed Council that he had learned today that the city's application for FEMA (Federal Emergency Management Agenda) Bluff Top Erosion Project did not look promising and that he would keep Council appraised. HI 02/26/96 - City Council/Redevelopment Agency Minutes - Page 13 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 at 10:50 p.m. to Monday, March 4, 1996 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman IR2