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HomeMy WebLinkAbout1999-02-22MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH ADJOURNED REGULAR MEETING 5:00 P.M. — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California Monday, February 22, 1999 A videotape recording of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk. CALL TO ORDER Mayor Green called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in the Council Chambers. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: Communication from Robert E. Wissman dated February 22, 1999 titled Meadowlark Development regarding the impact on youth sports facilities and schools in the Meadowlark residential development Slide show presentation from the Planning Director dated February 22, 1999 titled Meadowlark —City of Huntington Beach regarding the Meadowlark Specific Plan Amendment and Appeal of Meadowlark Development Proposal Meadowlark Outstanding Issues Matrix -Compromise Alternative No. 3 presented by Catellus Development (an additional alternate distributed during the City Council meeting by Catellus) Communication from Miriam Wedemeyer dated February 21, 1999 titled Annexation of the Bolsa Chica Mesa regarding a request for support for the efforts of the Bolsa Chica Land Trust to prevent development on the Bolsa Chica Mesa W. 02/22/99 — Council/Agency Minutes — Page 2 Communication from Paul Horgan, Bolsa Chica Land Trust dated February 22, 1999 titled Bolsa Chica Annexation Study —Item D-2A/February 22, 1999 transmitting the opinion of the 4,700 members of the Bolsa Chica Land Trust that a nature/wilderness park be developed on the Bolsa Chica Mesa. Communication from John Scandura dated February 22, 1999 expressing support for the annexation and restoration of the Bolsa Chica Mesa. Slide show presentation from the Planning Director dated February 22, 1999 titled Bolsa Chica Annexation Study regarding the Bolsa Chica Annexation Study. Communication from Aimee M. Toth dated February 22, 1999 supporting preservation of the Bolsa Chica Mesa adjacent to the Bolsa Chica wetlands. Communication from the Assistant City Administrator correcting Page Three of RCA CD99-16. CLOSED PUBLIC HEARINGS - DECISIONS CONTINUED FROM JANUARY 25, 1999 (City Council) Public Hearing Closed On 1125/99 (Decision Continued From 1/25/99) — Approved Zoning Text Amendment No. 97-04/Zoning Map Amendment No. 97-01 For Draft Meadowlark Specific Plan With Revisions Based On Alternative No. 3 (Attachment No. 4) And Revisions Made By Council — Approved Negative Declaration No. 97-21 With Findings And Mitigation Measures (Attachment No. 2 and 3) (Meadowlark Specific Plan Amendment) — Staff To Return With Ordinance March 8, 1999 (450.30) Public hearing opened and closed on January 25, 1999 to consider the following: Project Applicant: City of Huntington Beach. Project Request: To amend the Meadowlark Specific Plan to: 1. Consolidate and update the current Meadowlark Specific Plan document and the Meadowlark Property Conceptual Master Plan into a single document; modify the Meadowlark Specific Plan to permit single family dwellings on small lots; and incorporate development standards for small lot development within the revised Meadowlark Specific Plan (Zoning Text Amendment); and 2. Update Conceptual Master Plan Exhibit II to reflect a reduction in densities within the residential portion of the Meadowlark Specific Plan; establish the boundaries for four residential planning areas with densities ranging between 9.5 dwelling units per net acre and 13.8 dwelling units per net acre; and incorporate said exhibit within the revised Specific Plan (Zoning Map Amendment). Negative Declaration will also be considered by the City Council - an initial environmental assessment for the above items (Negative Declaration No. 97-21) was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above items, with mitigation, would not have any significant environmental effect and that a mitigated negative declaration is warranted. This environmental assessment 287 02/22/99 — Council/Agency Minutes - Page 3 is on file at the City of Huntington Beach Planning Department, 2000 Main Street and is available for public inspection and comment by contacting the Planning Department. Location: 600 ft. east and north of the Warner Avenue and Bolsa Chica Street intersection. On January 25, 1999, the City Council made a motion to approve the Planning Commission recommendation to approve Negative Declaration No. 97-21, Zoning Text Amendment No. 97-04, Zoning Map Amendment No. 97-01. The motion failed. (City Council) Public Hearing Opened & Closed On 1/25/99 With Decision Continued From 1/25/99 On Appeal Filed By Catellus Group To Planning Commission's Approval Of Tentative Tract Map No. 15469/Conditional Use Permit No. 97-80 (or appropriate numbers) — Approved With Alternative No. 3 And Council Directed Modifications - Negative Declaration No. 97-21 — Approved With Findings And Mitigation Measures (Meadowlark Residential Development) (420.60) Public hearing opened and closed on January 25, 1999 with decision continued to this date. Project Applicant/Appellant: Bruce D'Eliscu/Catellus Residential Group Project Request: To permit subdivision and development of 48.4 acres with 313 detached single family dwellings on small -lots in conjunction with public park, open space/recreation and infrastructure improvements. Appeal Request: To have the City Council consider Tentative Tract Map No. 15469/Conditional. Use Permit No. 97-80/Negative Declaration No. 97-21 to ensure that project findings and conditions of approval are in compliance with the proposed amendment(s) to the Meadowlark Specific Plan (Zoning Text Amendment No. 97-04/Zoning Map Amendment No. 97-01/Negative Declaration No. 97- 21 will also be considered by the City Council: an initial environmental assessment for the above items (Negative Declaration No. 97-21) was processed and completed in accordance with the California Environmental Quality Act. It was determined that the above items, with mitigation, would not have any significant environmental effect and that a mitigated negative declaration is warranted. This environmental assessment is on file at the City of Huntington Beach Planning Department, 2000 Main Street and is available for public inspection and comment by contacting the Planning Department.) Location: 600 ft. east and north of the Warner Avenue and Bolsa Chica Street intersection. A copy of the City Clerk's draft minutes of the January 25, 1999 public hearing on this matter had been distributed to Council. City Administrator Silver presented a brief report. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: 02/22/99 — Council/Agency Minutes — Page 4 Communication from Robert E. Wissman dated February 22, 1999 titled Meadowlark Development regarding the impact on youth sports facilities and schools in the Meadowlark residential development. Slide show presentation from the Planning Director dated February 22, 1999 titled Meadowlark —City of Huntington Beach regarding the Meadowlark Specific Plan Amendment and Appeal of Meadowlark Development Proposal. Meadowlark Outstanding Issues Matrix -Compromise Alternative No. 3 presented by Catellus Development (an additional alternate distributed during the City Council meeting by Catellus) Senior Planner Scott Hess presented a slide report. City Administrator Silver stated that the public hearings had been closed; however, those persons in the audience wishing to speak on the matter would have an opportunity to do so. Discussion was held on the staff matrix titled Meadowlark Outstanding Issues Matrix — February 18, 1999. Senior Planner Hess reported on issues set forth in the matrix including fire sprinklers, private street widths curb to curb, Spine Road widths curb to curb, Pearce Street widths, the "I" and "K" curb to curb, distribution of guest parking spaces, tandem parking, and interior garage dimensions (PA 3 or 4). Discussion was held between Senior Planner Hess and the Councilmembers. Senior Planner Hess reviewed the portion of the staff matrix relative to Public Park. Senior Planner Hess continued his report covering the portion of the matrix relative to Community Aesthetics. Issues regarding Community Aesthetics included parkway widths, sidewalk widths, front setbacks (PA 4), rear setbacks (PA 3), fencing exterior/perimeter, and interior/rear. Senior Planner Hess also reviewed Item No. 4 of the matrix titled Administration a) Development Agreement. Item No. 4 had been added since the public hearing was held on this issue. John Erskine, representing Catellus Development, commented on the portion of the staff report with which they agree and do not agree. He referred to the matrix developed by his company which he had presented to the City Clerk. Community Services Director Ron Hagan responded to Councilmember Bauer that the park could be used for a sports field. He stated a regulation soccer field could fit in both directions on the park. He responded to Council's additional questions. Senior Planner Hess reported that such provisions would need to be added to the Specific Plan. In response to a presentation by Mr. Erskine relative to upsized meter connection fees not being charged if the project is entirely sprinkled, City Administrator Silver stated that the issue had not been presented to him or to staff until 4:00 p.m. this date. Bob Beardsley, Public Works Director, stated that there is an item regarding water meters not directly related to this matter but a citywide issue that will be under consideration in the future. Following further discussion Public Works Director Beardsley responded to questions regarding water meter sizes. I 02/22/99 — Council/Agency Minutes — Page 5 The City Clerk announced that a revised -revised matrix had just been.presented to her from Mr. Erskine. The revised -revised developer matrix was titled Meadowlark Outstanding Issues Matrix - Compromise Alternative No. 3 and dated February 22, 1999. This document was distributed to the City Councilmembers, Deputy City Attorney D'Alessandro, and City Administrator Silver. The City Administrator informed Council that it was the developer's third matrix. Discussion was held regarding the Development Agreement and when it would expire. Mr. Erskine commented on this issue. Discussion was held on the fencing issue. Further discussion was held regarding the Development Agreement, and Mr. Erskine reported on what he believed would be the merits of extending the Development Agreement and amending it as to park fee issues which the applicant does not believe is required. Mr. Erksine responded to Councilmember Sullivan regarding the tandem parking issue. Councilmember Dettloff thanked staff for coming up with Alternative No. 3. She spoke regarding what she believes to be the merits of this alternative. She reviewed the staff matrix. Councilmember Dettloff proceeded through the matrix and presented her preferences. A motion made by Garofalo, seconded by Julien, to: (1) approve Negative Declaration No. 97- 21 with findings and mitigation measures, and (2) approve the Zoning Text Amendment No. 97- 04 and Zoning Map Amendment No. 97-01 for the draft Meadowlark Specific Plan with revisions based on Alternative #3 on the Meadowlark Outstanding Issues Matrix dated 2-18-99 (Attachment 4 of Request for Action dated 2-22-99), and (3) to adopt Ordinance No. 3411 with revisions to reflect Alternative #3. The following modifications to Alternative #3 include: Issue 1.c. Spine Road Width (Curb Modify 43 parking spaces to "additional" to curb) parking spaces Issue 1.f. Tandem Parking Allowed in PA 4 for 20 additional spaces in PA 4 Issue 2.a. Park size Catellus Proposal of 3.2 ac. (2.4 ac. Land dedication) plus park improvements & in -lieu fees at $500,000/ac. 4.a. Development Agreement Agree to process 3-year extension per developer's request And, any additional water hookup fees be waived, and that these items return to Council on March 1, 1999. Senior Planner Hess stated staff will return to Council with a new ordinance and new ordinance number and new draft Meadowlark Specific Plan. Ray Silver, City Administrator, stated that staff would return with changes to the ordinance as directed by Council for introduction and then adoption. Councilman Garofalo stated that was the intent of his motion. 290 02/22/99 — Council/Agency Minutes — Page 6 In response to Councilmember Harman, the Fire Chief explained how Alternative No. 3 adequately addresses the fire issues for the project. An amendment to the main motion was made by Harman, seconded by Sullivan that in regard to the in -lieu park fee it should be $516,500 rather than $500,000 per acre. The motion FAILED by the following roll call vote: AYES: Harman, Sullivan NOES: Julien, Bauer, Garofalo, Green, Dettloff ABSENT: None An amendment to the main motion was made by Harman, seconded by Sullivan, that the developer be requested to provide block wall fencing on interior and rear yards as well as exterior and perimeter yards. The motion FAILED by the following roll call vote: AYES: Harman, Sullivan NOES: Julien, Bauer, Garofalo, Green, Dettloff ABSENT: None Councilmember Garofalo clarified the intent of the motion to Paul D'Alessandro, Deputy City Attorney, to waive any additional fee required as a result of the sprinklers and therefore any requirement that might be imposed for a one -inch meter. The present Council passed a law to charge $2,500 for a 3/4 inch meter and $4,500 for a one -inch meter. He stated his motion included the waiving of that additional fee. Scott Hess, Senior Planner, stated that such action would require a legislative act. The water fee is adopted by ordinance; therefore, Council cannot waive the ordinance without amending the ordinance. Councilmember Garofalo stated he would, on the attorney's advice, withdraw the portion of his motion waiving the additional water hookup fees. Councilmember Garofalo stated he would be making a motion to have staff return to Council with a deed restriction on the property with strong language mandating a maintenance program for the wooden fencing as opposed to making it a part of the CC&R's so that homeowners in the future could not change it without Council approval. It is his intent to assure maintenance of the wooden fencing with a deed restriction. Scott Hess, Senior Planner, stated that since Council denied the Planning Commission's draft Specific Plan, staff has not had the time to go through it and make sure it is consistent. The amended main motion made by Garofalo, seconded by Julien, to (1) approve Negative Declaration No. 97-21 with findings and mitigation measures and (2) approve the Zoning Text Amendment No. 97-04 and Zoning Map Amendment No. 97-01 for the draft Meadowlark Specific Plan with revisions based on Alternative #3 on the Meadowlark Outstanding Issues Matrix dated 2-18-99 (Attachment 4 of Request for Action dated 2/22/99) and (3) staff to return to Council with an ordinance for introduction that reflects Alternative #3 with Council directed modifications: 291 02/22/99 — Council/Agency Minutes — Page 7 Issue 1.c. Spine Road Width (Curb Modify 43 parking spaces to "additional" to curb) parking spaces Issue 1.f. Tandem Parking Allowed in PA 4 for 20 additional spaces in PA 4 Issue 2.a. Park size Catellus Proposal of 3.2 ac. (2.4 ac. Land . dedication) plus park improvements & in -lieu fees at $500,000/ac. 4.a. Development Agreement Agree to process 3-year extension per developer's request The amended main motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None A motion was made by Green, second Dettloff, for staff to return to Council on March 8, 1999. The motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Harman NOES: Bauer ABSTAIN: Sullivan ABSENT: None A motion was made by Garofalo, seconded by Green, to (1) approve Negative Declaration No. 97-21 with findings and mitigation measures, and (2) approve Alternative #3 Plan which modifies Tentative Tract Map No. 15469 or any appropriate Tentative Tract number that shall apply and Conditional Use Permit No. 97-80 or any Conditional Use Permit number that shall apply and return to the City Council with findings and conditions of approval on March 8, 1999. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None John Erskine asked that the motion on the tentative tract map and Conditional Use Permit be clarified that the conditions come back per Specific Plan and be consistent with the revisions that the map and conditions thereon would be consistent with the Specific Plan revisions Council made. Councilman Garofalo stated he would hope that staff would interpret it that way. MOTION REGARDING THE NEED TO TAKE EMERGENCY ACTION ON AN ITEM WHICH AROSE SUBSEQUENT TO THE POSTING OF THE AGENDA — APPROVED 292 02/22/99 — Council/Agency Minutes — Page 8 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 CITY OF HUNTINGTON BEACH V. POLICE OFFICERS ASSOCIATION Deputy City Attorney Scott Field read the following document into the record. The document was dated February 22, 1999 to Mayor and City Councilmembers from the City Attorney — Subject: Motion to agendize after the posting of the agenda City Council Meeting pending litigation February 22, 1999 pursuant to Government Code §54954.2(b)(2) 1. Motion to determine that there is an immediate need to take action and the need for action came to the attention of the City Council subsequent to the agenda being posted in that a letter was received from Mark Reed, POA Negotiator, which must be timely responded to relating to pending litigation entitled HBPOA v. City of Huntington Beach, Orange County Superior Court Case No. 804949. A motion was made by Harman, second Sullivan to approved the above stated motion. The motion carried unanimously. A motion was made by Harman, second Sullivan to recess to closed session pursuant to Government 54956.9 (a) Pending Litigation HBPOA v. City of Hunting Beach, Orange County Superior Court Case No. 804949. The motion carried unanimously. RECESS Mayor Green recessed the Council at 6:40 p.m. RECONVENE The Mayor reconvened the Council Meeting at 6:50 p.m. (CITY COUNCIL) SUBMITTAL OF BOLSA CHICA ANNEXATION STUDY - RECOMMENDATIONS APPROVED AS AMENDED (610.30) The City Council considered a communication from the Assistant City Administrator, Director Of Public Works, Fire Chief and Planning Director submitting for Council consideration the Bolsa Chica Annexation Study— Review of Options & LAFCO Fiscal & Technical Review Procedures dated January 7, 1999. Assistant City Administrator Fallon presented a staff report. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from Miriam Wedemeyer dated February 21, 1999 titled Annexation of the Bolsa Chica Mesa regarding a request for support for the efforts of the Bolsa Chica Land Trust to prevent development on the Bolsa Chica Mesa. 293 02/22/99 — Council/Agency Minutes — Page 9 Communication from Paul Horgan, Bolsa Chica Land Trust dated February 22, 1999 titled Bolsa Chica Annexation Study —Item D-2A/February 22, 1999 transmitting the opinion of the 4,700 members of the Bolsa Chica Land Trust that a nature/wilderness park be developed on the Bolsa Chica Mesa. Communication from John Scandura dated February 22, 1999 expressing support for the annexation and restoration of the Bolsa Chica Mesa. Slide show presentation from the Planning Director dated February 22, 1999 titled Bolsa Chica Annexation Study regarding the Bolsa Chica Annexation Study. Communication from Aimee M. Toth dated February 22, 1999 supporting preservation of the Bolsa Chica Mesa adjacent to the Bolsa Chica wetlands. Dan Miller, Principal, RSG Associates, reported on portions of the slide show presentation titled Bolsa Chica Annexation Study —City of Huntington Beach —February 22, 1999. His presentation included Development Assumptions, Scenario A (Annexation Prior To Development —Key Assumptions), Property Tax Distribution, Current Bolsa Chica (Unincorporated) Property Tax Distribution, Potential Bolsa Chica Property Tax Distribution With Annexation, Scenario A (Annexation Before Development —Summary Findings), Scenario B (No Annexation —Key Assumptions), Scenario B (No Annexation —Summary Findings), Scenario C (Annexation After Development), and Scenario D (Annexation Without Development —Key Assumptions and Summary Findings). Assistant City Administrator Fallon reviewed the Study Conclusions set forth in the slide report as follows: In each scenario examined, annexation creates a beneficial fiscal impact to the city, however, the city obtains the greatest benefits if annexation occurs prior to development. Assistant City Administrator Fallon reviewed the motions made by the Bolsa Chica Subcommittee on January 7, 1999 as well as presenting a review of Pages No. 5, 6, and 7 of the Request for Council Action which were also addressed in the slide report. Assistant City Administrator Fallon then reviewed the actions which the city staff are recommending. In response to Councilmember Garofalo, Laurie McKinley, Senior Partner, MNA Consulting, reported on annexation as it relates to the election process and the Local Agency Formation Commission. At the request of Councilmember Bauer, Assistant City Administrator Fallon reported on the Linear Park issue. Councilmember Bauer requested that staff make contact with the Coastal Commission regarding the wording about potential acquisition in the Hellman Ranch agreement to see if a similar wording option could be considered by Council. City staff stated that this could be included in Recommended Action Item No. 6 as well as the oil well issue. Councilmember Bauer spoke regarding details that have to be worked out including the Edwards Thumb which could be another NEST-Accon dump situation in the making and how to address concerns from the community groups. In response to Councilmember Bauer, the Assistant City Administrator stated that staff was going to look at the 17 principles and the seven coastal issues, but there are subsequent issues that probably are not contained in those items. She stated that to the extent that staff understands Council's requests at this meeting 294 02/22/99 — Council/Agency Minutes— Page 10 such as the Hellman Ranch agreement provisions condition, oil well barrel tax situation, and subsequent cleanup, staff will return at a subsequent date with answers to those questions. Councilmember Bauer stated that he had a long list. Further discussion was held. Councilmember Bauer spoke regarding the matter; that it should not be assumed that annexation by Council is going to take place as the balance, in the broadest sense, between environmental, financial, and recreational considerations must be of benefit to the residents of Huntington Beach before any preannexation is agreed to. Councilmember Harman questioned Recommended Action No. 3 as to the procedural aspect. Councilmember Harman stated that as suggested by the Mayor he would present a motion relative to his concern at the time of the motion on Recommended Action No. 3. Dan Miller, Principal, RSG Associates, responded to Councilmember Harman regarding his question as to the cost of residential development to the community. He responded to Councilmember Sullivan's questions regarding the financial analysis relative to the county Fire Authority tax if the city does not annex according to current discussion. Councilmember Sullivan stated his disagreement with Mr. Miller's response. Laurie McKinley, Senior Partner, MNA Consulting, responded to Councilmember Sullivan relative to LAFCO having the final say as to annexation should the City Council and citizens not want annexation but the developer does. Deputy City Attorney Scott Field reported on court cases. PUBLIC COMMENTS SHEILA KLICK addressed Council in opposition to the annexation. She spoke on behalf of keeping the area available for the pleasure of children and as a nature preserve. ELDA BARRY, Bolsa Chica Land Trust, spoke on behalf of retaining the Bolsa Chica open space for the benefit of the children. MARGE ALLEN asked all those present to stand and applaud if they are here for the Bolsa Chica Mesa. She presented a history of how the plan for the Bolsa Chica has changed. DAVE CARLBERG, representing Amigos de Bolsa Chica, stated his organization's position on the Bolsa Chica including that if development has to occur that it would be an opportune time to address points involved in the restoration. He referred to a letter from Hearthside Homes (Koll Company) which he believes, notwithstanding, it is important to raise the points of the Amigos de Bolsa Chica. TERRY DOLTON, Amigos de Bolsa Chica, addressed Council regarding issues including the Edwards Thumb, Linear Park, Warner Avenue Pond and buffer, the bluff buffer around the project between the homes as well as down to the wetlands, the park designated in the General Plan southerly of Bolsa Chica Road as extended, and other park areas on the Bolsa Chica Mesa designated in the county plan. He stated they would like to see steps taken to have these areas irrevocably dedicated to public agencies. 295 02/22/99 — Council/Agency Minutes — Page 11 EILEEN MURPHY, Bolsa Chica Land Trust, spoke in opposition to annexation. She displayed a chart titled Major General Fund Revenues Are Less Than Public Safety Costs. PAUL HORGAN, Bolsa Chica Land Trust, stated the organization's concern that it appears to be that the City Council believes it inevitable that development will occur. He spoke regarding the upcoming Public Utilities Commission meeting that will have persons including Senator Barbara Boxer in attendance who have concern. JOSEPH RACANO spoke regarding his witnessing a coyote that is a part of the Bolsa Chica. He spoke regarding the items that will be introduced into the Bolsa Chica including motor oil and Tidy Bowl cleaner. BOB TRAVER, Huntington Beach Chamber of Commerce, spoke in support of the annexation stating the financial drawbacks of not annexing. CONNIE BOARDMAN stated that she sees the move to annex as a disturbing trend following the City Council election. She cited the example of the Crest View closed school site development approval. She spoke regarding losing the major bargaining chip of water if annexation occurs. LINDA MOON, Vice President of the Amigos de Bolsa Chica, spoke regarding a notebook of the Amigos de Bolsa Chica they have found which is a record from 1976 of the annexation effort and wherein they told the City Council that the Bolsa Chica is a precious gem. She stated it still is. She stated they are not advocating annexation but if annexation occurs that Council must ensure that there are proper buffers to protect from runoff pollution. She stressed the need for the Linear Park to be ensured as well as ensuring that the Bolsa Chica will be the city's precious gem for time to come. MARK SHELDON, California Democratic Party, 67th Assembly District Committee, and member of the Bolsa Chica Land Trust, spoke regarding the risk of liquefaction; that the area is prone to flooding; residents will be looking for disaster relief; and there will be lawsuits. BILL GREGORY, representing the Surf Rider Foundation, spoke in opposition to annexation of the Bolsa Chica. He stated that it is one of the greatest resources in Huntington Beach and could be a visitor attraction. He stated that the citizens request that Council help Koll Company to sell the land to the city and for the citizens not to be sold out to the Koll Company. LISA MURPHY informed Council that the vast majority of citizens want to preserve the Bolsa Chica. She stated her concern that annexation will lead to development of the Bolsa Chica. She stated that hundreds of persons visit the Bolsa Chica. STAN KRUTSICK stated that over the last two years their water bills have doubled and now there is a notice in the water bill regarding the proposed use of waste water because of increased water demands and the need for supplemental water for the future. He stated there will be an increased demand for water by new residents of the condominiums if annexation occurs; water bills will go up, and people will be drinking waste water. He stated that Bolsa Chica transcends bookkeeping and other issues as it is about the quality of life and a legacy. 02/22/99 — Council/Agency Minutes — Page 12 KIM BENEDICT stated her experience of city problem children benefiting from being taken to nature areas and requested that Council take steps to keep the Bolsa Chica open. KIMBERLY COOK relayed a story regarding three boys which relates to the Bolsa Chica if the Bolsa Chica is developed. She stated that the priority of the city is to do what is best for its people and questioned why the city would wish to develop the Bolsa Chica. RUDY VIETMEIER, representing the Sierra Club Preserve Bolsa Chica Task Force which had been formed pursuant to the Sierra Club's wetlands policy, informed Council that the Task Force is convinced by the science that has been brought to bear on the Bolsa Chica issue that the mesa is an integral part of the Bolsa Chica ecosystem and to fragment it or to build on its environs is to threaten it. He stated the contradiction the Task Force sees in the City Council's stated objective to seek acquisition of the mesa. BOB WINCHELL, representing Huntington Beach Tomorrow, informed Council of his disagreement that receiving money from the Orange County Fire Authority will make the difference in the Bolsa Chica development making revenue for the city. He stated his opinion that developers will change and that the developers staying in business should not be relied upon. Mr. Winchell stated his disagreement with the promise that money will be made because the housing will be so expensive. He requested that Council look very carefully at the financial considerations. He spoke regarding the quality of life that must be considered for the children and their children's children. Mr. Winchell stated that there used to be community meetings; that he believes the Council should get out and ask the people of the community as Council will find items which they should consider. Mr. Winchell stated the matter should not be discussed just among the Councilmembers themselves. JOE CUNHA, Huntington Harbour Bay Club Homeowners Association Board of Directors, stated their unanimous opposition to annexation of the Bolsa Chica; that it will facilitate the development of the mesa which they oppose. He stated that today between 7:30 and 7:45 a.m. he had counted the number of vehicles on Warner Avenue passing by the only entrance and exit to their complex and 553 vehicles passed their driveway. He stated what an increase in traffic from the Bolsa Chica development would mean. He stated that at times it is currently not only difficult but dangerous for residents to enter or exit Warner Avenue at their complex and questioned what it will be like when they have to endure an additional 2,400 vehicles utilizing Warner Avenue as one of the main egresses for the proposed Hearthside home development. DEBORAH WALLIN stated that she brings her elementary school students to the Bolsa Chica and questioned where else can students come to see a complete ecosystem. DAVID FLYNN questioned what the development means to the members of the City Council; that if any Councilmembers wish to run for state office or reelection they should vote against annexation. ROBERT CRONK stated that the members of Crest View United support the people who want to preserve the Bolsa Chica. He stated that he had talked to a resident who is willing to have his taxes raised to preserve the Bolsa Chica. PAUL ARMS spoke in favor of the fence that surrounds the mesa. He stated that it would be great to go to the federal government to get the money to preserve it. Mr. Arms stated that he does not 02/22/99 — Council/Agency Minutes — Page 13 believe the Koll Company has realized the passion of the people of Huntington Beach to preserve their history. GAE TREECE stated the need to preserve areas such as the Bolsa Chica for children to explore. She reviewed the history of the Bolsa Chica stating the Amigos de Bolsa Chica were opposed to the marina project that once was considered and now is known to be wrong for the environment. She stated that Council is disregarding what has been learned regarding the effects of the development on the Bolsa Chica. Ms. Treece stated why she believes residential development will be a liability. She referred to the city's Quality Service Mission.Statement. KEVIN MC EVOY, representing the Los Alamitos High School Ecology Club, informed Council of their work in the wetlands. He gave reasons why the wetlands should not be destroyed including preservation for his children and grandchildren so they can enjoy the magnificent creatures who live on the wetlands in their natural state. He spoke regarding their club's restoration work with the Bolsa Chica stewards. PAUL SLAVIK stated that he believes the Council needs to get their money's worth out of the consultants hired by the city. He stated that the ecosystem is valuable for tourism. STEVE MARION stated that he drives Pacific Coast Highway every day; that the mesa is gorgeous and there is not another like it. DEAN ALBRIGHT, Bolsa Chica Land Trust, stated that he had looked at the infrastructure as a member of the Infrastructure Advisory Committee. He stated the needs of the city in regard to infrastructure. Mr. Albright stated that more housing is not needed. He stated that the Holly- Seacliff project is not fully online, and it will have an impact on the infrastructure as well as the Meadowlark Project approved this meeting as it has been stated years ago there is not enough water in the north end of the city. DOUG KORTHOF stated that more and more of the coast is being taken away and that as good Republicans decreasing government should be worked toward. He spoke in favor of annexation if development does not occur. MICHAEL FORREST, seismologist, stated that the residents love the Bolsa Chica; that to sell off this wetland would be greed at its utmost level. JAN VANDERSLOOT stated annexation represents a $15,000,000 gift to the developer. He spoke regarding the drawbacks of residential development. He requested that Council seek funds for purchase of the Bolsa Chica. BILL HALPIN stated that the voters had believed the Councilmembers favored preserving the Bolsa Chica. He stated that only two people had been loyal to the Bolsa Chica — Councilmembers Harman and Sullivan. He spoke regarding the agreement reached years ago between the Amigos de Bolsa Chica and the developer. JOEL SHELDON stated that he believed that if the city were to annex the Bolsa Chica the citizens could speak to the Council and have some control. He stated that the citizens do not want development of the Bolsa Chica. Mr. Sheldon spoke regarding the walk-a-thon scheduled next month and invited Council to walk with their constituents. 298 02/22/99 — Council/Agency Minutes — Page 14 Councilmember Sullivan spoke regarding his reasons for opposing building on the mesa. He addressed the water issue and stated that he believes the city should fight annexation. Councilmember Dettloff presented a step-by-step explanation as to the events leading up to this item being placed on the City Council agenda including the potential that if homes are built the property owner could annex to the city without Huntington Beach wishing annexation, the water issue, and the two pending lawsuits brought by the Bolsa Chica Land Trust; that the Public Utilities Commission will determine the water issue if the Koll Company goes to the Southern California Water Company for water. Councilmember Dettloff stated that Council representatives are going to Sacramento to explore this matter. She stated the City Council's position that the Bolsa Chica should be purchased. She reported that Mayor Green and she are leaving tomorrow morning to meet with Senator Boxer's aide in Washington, D.C. She stated that at this point the city did not have the resources to acquire the property. She read the proposed motion of the Bolsa Chica Subcommittee. A motion was made by Sullivan, second Harman that the Huntington Beach City Council oppose annexation and not enter into any discussions with the developer. Councilmember Garofalo spoke regarding Councilmember Sullivan's motion and why the Council would vote for it unanimously if it were a feasible motion. He asked Mayor Green why the state had not provided funds for the mesa, only the lowlands, and Mayor Green stated that it had not been considered as environmentally sensitive. A substitute motion was made by Garofalo, second Green to approve the following recommended action: Receive and file the Bolsa Chica Annexation Study— Review Of Options & LAFO Fiscal & Technical Review Procedures dated January 7, 1999 (Attachment No. 1) to the Request for Council Action dated February 22, 1999. and 2. Direct the City Administrator to develop a strategy that could result in annexing the Bolsa Chica to the City of Huntington Beach prior to development of homes in the Bolsa Chica; and 3. Direct the City Administrator to consult with the City Council up to and including 3-15-99 to establish those parameters which should be addressed in any negotiation of a pre -annexation agreement for the Bolsa Chica; and 4. Authorize staff to begin pre -annexation agreement discussions with Hearthside Homes based on the negotiation strategy presented on Pages 4-6 of the Request for Council Action; and 299 02/22/99 — Council/Agency Minutes — Page 15 5. Authorize staff to communicate with all property owners within the Bolsa Chica regarding the possibility of annexation into the City of Huntington Beach; and 6. Provide the City Council with a status report at a subsequent date addressing additional issues which are not related to the property owned by Hearthside Homes. Deputy City Attorney Field was requested to rule on the appropriateness of the substitute motion. Councilmember Harman read from an article on the opinion page of the Los Angeles Times dated October 12, 1998 titled Business Drums For Basics, the tenor of which was that environmental uses and environmental causes are tied to good business and that the business community is beginning to realize this. He stated that the editorial states that business leaders must remain at the forefront of this campaign to overcome the myth that any effort to manage growth is antibusiness. He referred to the environmental impact report prepared in connection with the Bolsa Chica as it pertains to the portion stating the values of the bio-diversity park. Councilmember Harman read from the minutes of the 1997 Council meeting where Council adopted a resolution in favor of acquisition of the mesa. He commented on the statements of various speakers. Councilmember Harman read a letter from Mr. and Mrs. Hughes in support of preserving the Bolsa Chica. Deputy City Attorney Field informed Council that the substitute motion made by Garofalo, second Green is out of order. Councilmember Dettloff requested information relative to the environmental impact report procedure as well as to matters pertaining to the Southern California Water Company supplying water to Hearthside Homes. Assistant City Administrator Fallon responded to these comments. Councilmember Dettloff spoke regarding Councilmember Bauer's and Mayor Green's long-time commitment to the Bolsa Chica and the work they have performed on the issue. The original motion made by Sullivan, second Harman failed by the following roll call vote: AYES: Harman, Sullivan NOES: Julien, Bauer, Garofalo, Green, Dettloff ABSENT: None A motion was made by Bauer, second Green to approve the aforementioned items as recommended. A motion was made by Harman, second Green to amend Recommended Action Item No. 3 as follows: K11 02/22/99 — Council/Agency Minutes — Page 16 Direct the City Administrator to consult with the City Council up to and including 3-15-99 to establish those parameters which should be addressed in any negotiation of a pre -annexation agreement for the Bolsa Chica; and that Recommended Action Item No. 4 be approved as follows: Authorize staff to begin pre -annexation agreement discussions with Hearthside Homes based on the negotiation strategy presented on Pages 5--T 4-6 of the Request for Council Action. In response to Mayor Green, City Administrator Silver reported on the process he believes should be followed to provide answers and added information to Council as well as how to put additional issues on the table and to take additional direction from Council. Councilmember Sullivan stated that he believes that staff should not enter into negotiations until the first round of full input is received from the Council and that this is what he understands was the direction from the Bolsa Chica Subcommittee. The motion to amend made by Harman, second Green carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None A motion by Bauer, second Green to approve the following recommended actions as amended: Receive and file the Bolsa Chica Annexation Study — Review Of Options & LAFCO Fiscal & Technical Review Procedures dated January 7, 1999 (Attachment No. 1) to the Request for Council Action dated February 22, 1999. and 2. Direct the City Administrator to develop a strategy that could result in annexing the Bolsa Chica to the City of Huntington Beach prior to development of homes in the Bolsa Chica; and 3. Direct the City Administrator to consult with the City Council up to and including 3-15-99 to establish those parameters which should be addressed in any negotiation of a pre -annexation agreement for the Bolsa Chica; and 4. Authorize staff to begin pre -annexation agreement discussions with Hearthside Homes based on the negotiation strategy presented on Pages 4-6 of the Request for Council Action; and 5. Authorize staff to communicate with all property owners within the Bolsa Chica regarding the possibility of annexation into the City of Huntington Beach; 011 02/22/99 — Council/Agency Minutes — Page 17 and 6. Provide the City Council with a status report at a subsequent date addressing additional issues which are not related to the property owned by Hearthside Homes. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) APPROVED AS AMENDED RESPONSES TO QUESTIONS ASKED BY THE PUBLIC UTILITIES COMMISSION (PUC) IN RELATION TO WATER & SEWER SERVICE FOR THE BOLSA CHICA PLANNED COMMUNITY (440.60) The City Council considered a communication from the Assistant City Administrator, Director of Public Works, City Attorney and Director of Planning transmitting for Council consideration a request to approve responses prepared by staff which address four questions asked of the City of Huntington Beach by the Public Utilities Commission in relation to water and sewer service for the Bolsa Chica Planned Community. Ronald A. Van Blarcon, representing the firm of McNamara, Van Blarcon, McClendon and Liebold, PC, presented a slide report. The slide report is titled Public Utilities Commission Proceedings and is attached to the Late Communication from the Assistant City Administrator announced earlier in the meeting by the City Clerk. A motion was made by Garofalo, second Dettloff to approve the responses prepared by staff to the four questions asked by the Public Utilities Commission (PUC) in the February 2, 1999 Assigned Commissioners Ruling Noticing Prehearing Conference as set forth in the Request for Council Action dated February 22, 1999 and as corrected by the -Late Communication from Assistant City Administrator Fallon correcting Page 3 of said Request for Council Action: 1. Does the city presently desire to itself provide water service or sewer service to the Planned Community? Response: The city is the most direct supplier of potable water to the Bolsa Chica area. No other water purveyor has facilities in as close proximity as the City of Huntington Beach. Only through the city's system can the project area be provided a reliable, looped service distribution network. By comparison, the proposed SCWC water system relies on a water supply source over six miles distant, with redundancy planned by use of wells in a zone of the water basin known to produce water of marginal quality. In addition, this dead-end system would require construction of a reservoir with four to seven days capacity to insure adequate supplies are available in the case of temporary cessation of service from the Cypress pipeline. 302 02/22/99 — Council/Agency Minutes — Page 18 Because Huntington Beach is a city incorporated under California law, any extension of city services, either through contract or by annexation, is regulated by the Cortese -Knox Act and the Orange County Local Agency Formation Commission (LAFCO). The city may not provide water or sewer services outside its jurisdictional boundaries nor may it annex new territory into its jurisdictional boundaries without the approval of LAFCO. The city and/or a property owner must therefore work within the defined procedures established by the Cortese -Knox Act and the Orange County LAFCO in order to extend or receive municipal services. A request for annexation may be made to LAFCO by either the property owner or the city. In fact, a city may be compelled to annex and provide services to a property if a landowner requests annexation and it is approved by LAFCO. Bolsa Chica is within the LAFCO-adopted "Sphere of Influence" for the City of Huntington Beach. LAFCO Spheres of Influence are developed by the Commission to determine future service areas for each jurisdiction and, thus, where LAFCO expects that annexations will occur. Despite the ability to do so, Hearthside Homes has not submitted any application to LAFCO to annex the Bolsa Chica. The developer has indicated that it does not wish to initiate annexation without a pre -annexation agreement with the city. Such an agreement would set forth the terms and conditions of annexation and clarify the responsibilities and rights of annexation for both parties, including development rights, development standards, and infrastructure requirements. Understanding this, on January 20, 1998, the Huntington Beach City Council authorized its staff to prepare a detailed study concerning the implications of annexation of Bolsa Chica. The city obtained the services of specialized consultants and prepared the 56-page report previously submitted to the PUC on February 19, 1999. This report reviews for the City of Huntington Beach the pertinent LAFCO procedures and the potential fiscal impacts associated. with the annexation of Bolsa Chica. The first draft of this report was completed in June, 1998 and presented to the City Council Bolsa Chica Subcommittee (a formal Council Committee comprised of three Council members) and the public at a noticed, public meeting on July 29, 1998. Due to considerable public response, subsequent noticed, public meetings of the Bolsa Chica Subcommittee were held on September 24, 1998 and November 30, 1998. As a result of the public input, including comments on the report from Hearthside Homes, the original draft report was refined and a final draft issued for subcommittee review and consideration on January 7, 1999. At the January 7, 1999 Bolsa Chica Subcommittee meeting, the Council Subcommittee members took action to recommend that the full City Council direct the City Administrator to develop parameters for negotiation of a pre -annexation agreement with Hearthside Homes and that staff design a strategy for annexing Bolsa Chica into the City boundaries. This recommendation is scheduled to be discussed by the full City Council on February 22, 1999. (The staff report prepared for the February 22 hearing is attached.) 2. Does the City presently have surplus water or immediate access to water supplies sufficient to meet the stated requirements of the Planned Community? Response: 303 02/22/99 — Council/Agency Minutes — Page 19 If Bolsa Chica were annexed into the city, the city would have a statutory obligation to provide water service to the area. The City relies on two basic sources for its water supply: It produces local groundwater from the basin managed by the Orange County Water District (OCWD) and it obtains imported water from the Municipal Water District of Orange County (MWDOC). The Bolsa Chica has already been annexed into the service areas of OCWD and MWDOC. Details of the actual requirements for water and related supporting infrastructure, including delivery pipelines, storage reservoir(s) and booster station(s), are expected to be refined during pre -annexation negotiations with the developer. 3. If the city prefers annexation, is it able to immediately proceed with the annexation formalities to annex the Planned Community? Response: If the City Council approves the subcommittee recommendation on February 22, 1999, the city will immediately begin discussions with Hearthside Homes on a pre -annexation agreement. Once-'a=p-*a'agreement is completed and approved by the City Council, annexation may be initiated and application made to LAFCO. (Alternatively, if the property owner wishes to do so, Hearthside Homes may initiate an application with LAFCO at any time.) It should be . noted that the LAFCO process requires prezoning of the property in question and necessarily involves full public disclosure, including noticed hearings at the City Planning Commission, City Council, and at LAFCO. 4. If the city is unwilling or unable to annex at this time but is now willing and able to.provide water and/or sewer services to the Planned Community and desires to do so, is the city willing to expeditiously.negotiate and execute a binding service contract-or-r,-,c6ntrtr�act. for provision of water and/or sewer services to the Planned Community? -.;- Response: In March, 1997, Hearthside Homes' predecessor, Koll Properties, proposed a contract to provide extra -territorial water service to Bolsa Chica. While the City Council rejected the specific terms and conditions of that proposal, the city at no time has taken the position that it would never enter into such a contract under any circumstances. Any contract to provide such services outside of the city boundaries would require review and approval by LAFCO. Based on the recent action by the Bolsa Chica Council Subcommittee, the Council is not at this time considering a contract -service approach but is instead moving toward a strategy for annexation that would be beneficial to both the city and the developer. The motion carried unanimously. PUBLIC COMMENTS Mayor Green announced that this was the time scheduled to hear public comments not pertaining to items on this agenda. 304 02/22/99 — Council/Agency Minutes — Page 20 CARI SWAN addressed Council in opposition to the votes cast by two school board members relative to the proposed sale of Gisler School. KATHY VAUGHN, former tenant of the Driftwood Mobilehome Park, stated her objection to the procedure used to select renters who wish to move to the city -owned Ocean View Mobilehome Estates. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY A motion was made to adjourn the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 1, 1999 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 6 City Clerk/Clerk 305 4�� ele&� City C rk and ex-officio Clerk of1he City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California Mayor/Chairman