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HomeMy WebLinkAbout1980-11-17MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 17, 1980 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey called the adjourned regular meeting of the City Council of the City of Huntington Beach to order'at 6:30 P.M, for the purpose of holding a joint meeting with the Environmental Board. ROLL CALL —.COUNCIL Present: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly Absent: Thomas ROLL CALL - ENVIRONMENTAL BOARD Present: Dean Albright, Cynthia Doe, Roseanne Greenfield, Dr. Irwin Haydock, Michael Knapp, Connie Mandic, Gordon Smith, Norman Smith, John Takes, David Vaughn, Corder Wattenbarger Absent: None Dr. Haydock presented information regarding their past activities, background of each member and the role of the Environmental Board. He thanked City staff and Council for their support in the Board's activities and stated their concern regarding appointments to the Board. Dr. Haydock described their major goal as being the long term planning for conser- vation, development and wide use of diverse environmental resources in the City, which included air, water, mineral, natural, social, economic and aesthetic concerns; Ile reviewed their past activities and accomplishments. He spoke regarding the duties and responsibilities of the Board including advising the City and other boards via the environmental review process; publicity programs; reinstatement of the Environmental Quality Committee; and stated that the Board wanted to work with the City on solar energy. The Mayor thanked the Board members for their time and efforts. She stated that she liked the idea of subcommittees and spoke regarding the role of Council liaison members. She stated that the County was in the process of forming a county -wide environmental committee and invited the Environmental Board to participate in that committee. The use of solar panels to activate the pumps for the pools at the Library and the Civic Center was discussed. Discussion was held regarding publicity for the Board; communication between the Board and Council and archaeological concerns within the City. It was suggested that the Board be contacted when one of their reports was to be presented so that a Board member could be present. aw• MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 17, 1980 Mayor Bailey called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Flag Ceremony was conducted by Girl Scout Troop 1851, Adult Leader Marilyn Thorp. The Pledge of Allegiance was led by Michelle Kikuchi. The invocation was given by David Spell, Troop Chaplain. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent: None COMMENDATION - HCD ADVISORY BOARD - KIRCHOFF/CANNIZZARO Mayor Bailey presented a certificate to Isabelle Kirchoff and Charles Cannizzaro for their services on the Housing and Community Development Advisory Board. COMMENDATION - JR WOMAN'S CLUB - OPERATION MERRY CHRISTMAS - BALL/ MORTON Mayor Bailey commended the Junior Woman's Club for Operation Merry Christmas, The Mayor presented certificates to President Kathy Ball and 1st Vice President Barbara Morton. PRESENTATION - BOY SCOUT TROOP 1 - CONGER/MARR Mayor Bailey presented a plaque and certificates to Troop 1 for their community service project for delivering street sweeping information in the downtown area. Present from Troop 1 were Scoutmaster Norm Conger and Assistant Scoutmaster Alex Marr. Also present were Boy Scouts Marshall Brumer, Chris D'Ambra, Danny Smith, David Spell and Kevin Reed. t OPEN SPACE/CONSERVATION ELEMENT. AMENDMENT 80-1 - HUNTINGTON BEACH GENERAL PLAN - EIR 80-4 - CONTINUED TO 12/15/80 The Mayor announced that this was the day and hour set to continue the hearing opened November 3, 1980 for the purpose of considering Amendment 80-1 to the Open Space/Conservation Element of the Huntington Beach General Plan.. Amendment No. 80-1 proposes several changes to the system of neighborhood parks, including the addition, relocation and deletion of a number of park sites. Parks to be added: Trinidad Beach, French, Prince, Gibbs and Carr Parks to be relocated: McCallen, Manning, Edison right-of-way e/o Brookhurst Street or Lamb School Park Si.tes to be deleted: Westmont School, Old Civic Center Site., Peterson School Environmental Impact Report No. 80-4 will be heard in conjunction with said proposal. �_ Page #2 - Council Minutes -- 11/17/80 The primary amendment request, which involved the proposed expansion of Huntington Central Park to Ellis Avenue, was deleted from Amendment 80-1 by the Planning Commission. The Planning Commission also deleted the proposed elimination of two neighborhood park sites, generally located at the inter- section of Goidenwest Street and Palm Avenue. The Mayor stated that these items have been appealed to the City Council for reconsideration. A motion was made by Mandic, seconded by MacAllister, to open the public hearing, accept testimony on the amendment and related appeals, and continue the hearings to December 15, 1980. The motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Pattinson ABSENT: None There was no one present to speak on the matter. On motion by Pattinson, second Kelly, Council approved several proposed changes to the system of neighborhood parks, including addition, relocation and deletion of a number of park sites as follows: Parks to be added: Trinidad Beach, French, Prince, Gibbs and Carr Parks to be relocated: McCallen, Manning, Edison right-of-way e/o Brookhurst Street or Lamb School Park Sites to be deleted: Westmont School, Old Civic Center Site, Peterson School The motion carried by the following straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None APPEAL TO THE PC DECISION DELETING AREAS 2.1 AND 2.2.10 FROM AMENDMENT 80-1 TO OPEN SPACE/CONSERVATION ELEMENT 80-1 HUNTINGTON BEACH GENERAL PLAN - CONTINUED 1 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilmen Pattinson and MacAllister to the decision of the Planning Commission to delete Area 2.1 from Open Space and Conservation Element Amendment 80-1; a request to redesignate approximately 65.3 acres of land located north of Ellis Avenue between Edwards Street and Sully Miller Lake from planned open space development to a recreation area, and to designate approximately ten acres of land located north of Ellis Avenue and west of Gothard Street as a recreation area. The hearing will also consider an appeal filed by Councilmen Pattinson and MacAllister to the decision of the Planning Commission to delete Area 2.2.10 from Open Space and Conservation Element Amendment 80-1; a request to remove two designated neighborhood park sites, generally located at the intersection of Goldenwest Street and Palm Avenue, from the Open Space and Conservation Element. Environmental Impact Report 80-4 will be heard in conjunction with said appeal. Page #3 - Council Minutes - 11/17/80 June Catalano, Senior Planner, presented background information and viewgraphs of.the area in question. The City Clerk announced that all legal requirements for notification, publica- tion and posting had been met, and that she had received no communication or written protests to the matter, other than those received by t Development Services Department. HEARING OPENED - AREA 2.1 - The Mayor declared the hearing open Dorothy Keech spoke regarding possible future traffic problems if the area in question were developed and requested Council to vote down rezoning and rede- velopment and find another way to finance the park system. Peter Laimbeer stated that he believed it would be better to develop parks in new o o h�s—where there are children. He stated that he owned a lot in the area in question and that he hoped it would be developed as a residential property. He stated that he would like to sell his property. Avery Eaton stated that he owns one-half acre of land in the area in question and that he cannot drive nor walk on his own land. He stated that he did not want his property tied up for seven or eight years and if Council wanted the City to buy his property then buy it. Joe Whaling spoke for "Friends of the Park" in opposition to the appeal relative to the rezone of certain land for addition to Central Park. He requested that Council deny the appeal and continue the natter so more facts could be brought out. James Rush spoke for "Friends of the Park" requesting that Central Park be kept as a passive park. He stated that he was in favor of the amphitheatre as it was not commercial. Mark Palajac spoke in opposition to rezoning of the area north of Ellis avenue. A. C. Marion requested that Council take action that evening. Mayor Bailey pointed out that a motion to continue the hearings to December 15th had carried earlier in the evening. Tony Lucia stated that he was a real estate broker and had listed the twenty four acre Mushroom Farm for sale: He stated that he did not believe that an additional seventy-five acres was needed for Central Park. He requested that the seventy-five acres be zoned for residential use. Gary Torman stated that he owned two lots adjoining each other at Ellis Avenue and recommended that the area in question be zoned residential non -equestrian. 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 continued open to December 15, 1980 by the Mayor. HEARING OPENED - AREA 2.2.10 - Mayor Bailey declared the public hearing open to consider an appeal filed by Councilmen Pattinson and MacAllister to the decision of the Planning Commission to delete 2.2.10 from Open Space and Conservation Element Amendment 80-1, a request to remove two designated neigh- borhood park sites near the intersection of Goldenwest Street and Palm Avenue from the Open Space and Conservation Element. Page #4 - Council Minutes - 11/17/80 There was no one present to speak on the matter and there were no protests filed either oral or written. On motion by Pattinson, second MacAllister, Council continued the hearing open to December 15, 1980, by unanimous vote. LAND USE ELEMENT 80-2 TO THE GENERAL PLAN & EIR 80-3 - OPENED AND CONTINUED TO 12/15/80 - STRAW VOTE DENIED REQUEST TO REDESIGNATE FROM ESTATE RESIDENTIAL TO HIGH DENSITY The Mayor announced that this was the day and hour set for a public hearing to consider Land Use Element Amendment No. 80-2 to the General Plan, requests to: 2.1. Request - Redesignate 46.63 acres of land, south of Ellis Avenue and east of Goldenwest Street from Estate Residential to High Density Residential. 2.2. (Deleted) 2.3. Request - Redesignate 10.18 acres of land located south of Warner Avenue and west of Beach Boulevard from Commercial to Commercial with Multi -Story Suffix. 2.4. Request - Redesignate 10.13 acres of land located 450 feet north of Warner Avenue and west of Magnolia Street from Low Density Residen- tial to Commercial. 2.5. .(Deleted) Environmental Impact Report No. 80-3 to be heard in conjunction with the Land Use Element Amendment No. 80-2. The City Clerk announced that all legal requirements for notification, publica- tion and posting had been met, and that she had received a communication from the Huntington Beach Company opposing Alternative No. 2 relative to Area of Concern 2.1. Mayor Bailey stated that this was the second Amendment to the Land Use Element of the General Plan for 1980; that it included five land use amendment requests; that two of these requests were deleted from the amendment by the Planning Commission and have been appealed to the City Council for reconsideration. Councilman Pattinson stated that he would abstain on Area 2.1 as he was previously instrumental in the sale of a small portion of the 46.63 acres and did not feel he should vote on the issue and he removed himself from his chair during discussion on Area 2.1. June Catalano, Senior Planner, presented background information and presented viewgraphs of the area in question. The Mayor declared the hearing open. She stated that to facilitate the taking of testimony, she would call for input on each area separately; that Council would first hear testimony on Areas 2.1, 2.3, and 2.4; and then on the appealed items - Areas 2.2 and 2.5 respectively. Mayor Bailey stated that the first area for 'public hearing would be Area 2.1. Area 2.1 is located south of Ellis Avenue and east of Goldenwest Street. The request is from Estate Residential to High Density Residential. The Planning Commission recommended retaining the Estate Residential designation on 46.63 acres, and redesignating 14.52 acres east to the Gothard-Crystal realignment. Page #5 - Council Minutes 11/17/80 from Industrial to Estate Residential, Frank Mola spoke regarding the ten acres across from the Sully -Miller pit; that he wants to develop the property as a planned development that would work with the land use and that he wanted to know what direction Council was going to take so he would know how to develop the property. Dick Harlow representing the Huntington Beach Company stated that the company was the majority land owner in the area and that they supported Frank Mola's plan for low density development. He requested that the entire area be given the same land use designation. There being no one present to speak further on the matter and there being no further protests filed either oral or written, the hearing on Area of Concern 2.1 was closed by the Mayor. Councilman Kelly requested clarification from Mr. Mola regarding the zoning that he was requesting. Mr. Mola stated that as he believed high density would be denied, he was requesting low density and would build a planned development. On motion by Kelly, second Finley, Council denied the request to redesignate 46.63 acres of land, south of Ellis Avenue and east of Goldenwest Street, from Estate Residential to High Density Residential, by the following straw vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSTAIN: Pattinson ABSENT: None Following discussion, a motion was made by MacAllister, seconded by Finley, to direct the planning staff and the Planning Commission to look at this area first and include all of the Estate Residential areas that are in the area which includes west of Goldenwest Street, taking into consideration the low density planned development as equestrian. The motion carried by the following straw vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSTAIN: Pattinson ABSENT: None Councilman Pattinson resumed his chair. Mayor Bailey stated. that Council would now consider area 2.3 which. is south of Warner Avenue and east.of Beach Boulevard. The request is from commercial to commercial with multi -story suffix: The Planning Commission.recommends desig- nating a new multi -story node covering eighty acres at the intersection of Warner Avenue and Beach Boulevard. Mayor Bailey opened the public hearing to consider Area of Concern 2.3. Frank Mola stated that he accepted staff's recommendation and would be avail- able to answer any questions regarding.the project. Page #G - Council Minutes - 11/17/80 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing to consider Area of Concern 2.3 was closed by the Mayor. On motion by Mandic, second Pattinson, Council designated a new multi -story node covering eighty acres at the intersection of Warner Avenue and Beach Boulevard. The motion carried by unanimous straw vote. The Mayor stated that Council would now consider Area 2.4 located north of Warner Avenue and west of Magnolia Street. The request is from low density residential to commercial. The Planning Commission recommends redesignation to commercial. Mayor Bailey opened the public hearing to consider Area of Concern 2.4. David Dahl, appellant, stated that he agreed with the Planning Commission recom- mendation and was available to answer questions. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing to consider Area of Concern 2.4 was closed by the Mayor. Councilman Kelly left the room. On motion by MacAllister, second Pattinson, Council redesignated area 2.4 located north of Warner Avenue and west of Magnolia Street from low density residential to commercial by the following straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister NOES: None ABSTAIN: Mandic ABSENT: Kelly (out of room) Councilman Kelly returned to the room. APPEAL TO PC DECISION DELETING AREA 2.2 FROM LAND USE ELEMENT 80-2 TO THE GENERAL PLAN - OPENED AND CONTINUED TO 12/15/80 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Mola Development Corporation to the decision of the Planning Commission to delete Area 2.2 from Land Use Element Amendment 80-2 to the General Plan; a request to redesignate 59.55 acres of land located south of Adams Avenue and east of Beach Boulevard from Resources Production, Commercial and Low Density Residential to Commercial, Medium Density Residential and High Density Residential. Environmental Impact Report 80-3 to be heard in conjunction with said appeal. The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received a petition submitted by John R. Cogorno listing approximately 489 persons opposing the request relative to Area of Concern 2.2; together with letters from Nezih Mohammed Nour Salem; and Gilbert and Corrine Ramirez opposing the request relative to Area of Concern 2.2; also received was a communication from Jean Shiffer and Chris Schumacher citing aspects of EIR 80-3 and their opposition to the request relative to Area of Concern 2.2; and a communication from Mr. and Mrs. Bollegraf opposing the requested amend- ment relative to Area of Concern 2.2, Mayor Bailey opened the public hearing to consider Area of Concern 2.2. Page #7 - Council Minutes - 11/17/80 Frank Mola displayed graphics showing the proposed project of a planned develop- ment with fifty to sixty percent in open space. He requested that Council follow staff's recommendations. John Goodell stated that he had presented a petition to the Planning Commission and submitted additional names to the City Clerk of people that did not want the area to be rezoned. Mike Motte requested that Council maintain the present zoning. He spoke regarding archaeological sites in the area and a scenic corridor. Dr. Roger Kleinman presented his views regarding psychological profiles to be expected in a�high density neighborhood. Carolyn Riel spoke regarding a scenic corridor, Bartlett Park and Drew Park. Gary _James, a biology professor at Orange Coast College, referred tq the area as an endangered habitat and requested Council to restore to its natural setting the area north of Adams and to deny the request to redesignate the zoning of the area in question. Margaret Carlberg, Audubon Society, spoke regarding fish, birds and mammals using the area and requested that Council support the Planning Commission's recommendation. Jim Lees presented a viewgraph showing statistics related to traffic in the area under consideration. Mike McDonald stated that he was a police officer, presented a viewgraph, and spoke regarding crime as it relates to population density. Harold Ewing spoke regarding the probability of future earthquakes in the area. John Cogorno presented a packet to the Council and'the City Clerk regarding the appeal and the general plan. He stated that Council had just been served. RECESS - RECONVENED Mayor Bailey called a recess at 10:15 P.M. Council reconvened at 10-:20 P.M. John Co orno spoke regarding possible future earthquakes in the area in question. Jule [)'Angelo spoke regarding the cost to the City of services supplied to citizens --as relates to density of population. Connie Greyshock spoke as a concerned parent regarding traffic in the area. Ed Kuhlmann spoke regarding the possible traffic conditions if the zoning were changed to a medium or high density use. He requested that Council deny the appeal. Dorothy Grubbs requested that Council make a decision regarding the matter that evening. Jim Fallon spoke regarding the time limit the speakers were allowed, the notices sent regarding the rieeting and requested that the E.ppeal be denied. Page #8 - Council Minutes - 11/17/80 Peter Von Elton spoke regarding proper overall planning in the City and requested that Council look at all the alternatives that staff had outlined. Dr, Steve Goldberg spoke regarding the City's population and resources. Frank Mola stated that there was a silent person at these meetings which is the person that wants to live in Huntington Beach and further spoke regarding the cost of homes. There being no one to speak further on the matter and there being no further pro- tests file, either oral or written, the hearing to consider Area of Concern 2.2 was closed by the Mayor. Discussion was held regarding flood insurance; the Director of Development Services stated that after June 1, 1981, residences built in the area would have to be built on mounds of dirt nine feet high. On motion by Thomas, second Kelly, Council denied the appeal and. upheld the decision of the Planning Commission by the following straw vote. AYES: Thomas, Finley, Bailey, Mandic, Kelly NOES: Pattinson, MacAllister ABSENT: None RECESS - RECONVENE PUBLIC HEARING —APPEAL TO PC DECISION DELETING AREA 2.5 FROM LAND USE ELEMENT AMENDMENT 8072 TO THE GENERAL PLAN - OPENED AND CONTINUED TO 12/15/80 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilmen Pattinson and MacAllister to the decision of the Planning Commission to delete Area 2.5 of Land Use Element Amendment 80-2 to the General Plan; a request to redesignate 10.00 acres of land located north of Ellis Avenue and west of Gothard Street from Industrial to Open Space. Environmental Impact Report 80-3 to be heard in conjunction with said appeal. The City Clerk announced that all legal requirements for notification, publica- tion and posting had been met, and that she had received no communciations or written protests to the matter. The Mayor declared the hearing open. Robert Munro stated that he was employed by Sully -Miller Contractors and that they agreed with the recommendations of the Planning Commission and therefore opposed the appeal. He stated that he believed the area should be.zoned for industrial use. On motion by Pattinson, second MacAllister, Council continued the opened public hearing to December 15, 1980. The motion carried by unanimous vote. On motion by Bailey, second Pattinson, Council continued to December 15, 1980, the three following public hearings: 1) Land Use Element Amendment 80-2 to the General Plan and EIR 80-3; 2) Appeal to Planning Commission decision deleting Area 2.2 from Land Use Element Amendment 80-2 to the General Plan; and 3) Appeal to the Planning Commission decision deleting Area 2.5 from Land Use Element Amendment 80-2 to the General Plan by unanimous vote. 1 a Page #9 - Council Minutes - 11/17/80 PUBLIC HEARING - COASTAL ELEMENT - OPENED AND CONTINUED TO 12/1/80 The Mayor announced that this was the day and hour set for a public hearing to consider the Coastal Element, a proposed addition to the General Plan which indicates the kinds, location and intensities of land uses.in the City's coastal zone. The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor stated that public input would be accepted at this meeting and on December 1, and December 8, 1980. She stated that at this meeting the City Council would accept testimony only on that part of the coastal zone from Golden - west Street to the City's northern boundary; the December ist hearing would cover the area from Beach Boulevard to the Santa Ana River; that December 8th would cover the downtown area and general comments on the coastal zone as a whole and further that final action on the Coastal Element would take place on December 15th. June Catalano, Senior Planner, gave background information regarding the coastal zone located between Goldenwest.Street and the City's northern boundary. She presented viewgraphs depicting planning analysis in the area of concern. The Mayor declared the public hearing open. Jack Chalabian spoke regarding his piece of property that he had been trying to develop commercially and cited difficulties he had encountered. Peter Green, President. of Amigos de Balsa Chica, suggested that Council accept the recommendation of the Citizens Advisory Committee as it relates to the Bolsa Chica. Ed Zschoche encouraged support of the Local Coastal Committee in this area. Council directed staff to study the matter of Jack Chalabian's property and bring it back to Council for further consideration. On motion by Pattinson, second MacAllister, Council continued the open public hearing to December 1, 1.980 by unanimous vote. Councilman Pattinson requested the City Clerk to prepare a tape for him of the meeting to be held December 1, 1980. PUBLIC HEARING RE_S NO 4938 - ADOPTED - BEACHWALK/HUNTINGTON SEACLIFF PETITION FOR APPLICATION OF CVC SECTION 21107.7 TO PRIVATE STREETS The Mayor announced that this was the day and hour set for a public hearing to consider a petition for application of Section 21107.7 of the State of California Vehicle Code to all streets within. Beachwalk/Huntington Seacliff, Tracts 7473, 8003, 8224fi 8247, 8248 and 7155 for vehicle violation enforcement by the Police. Department. The City Clerk announced that all legal requirements for publication.and posting had been met, and that she had received no communications or written protests to the matter. Page #10 - Council Minutes - 11/17/80 The Mayor declared the hearing open. Oliver Roney stated that 90% of the speeders in that area were form outside of Beachwalk, that he believed a gate would be impractical due to traffic congestion and that if Council approved their petition, the street signs would be taken care of by their association. Russell Halidon requested that Council deny the petition citing the increased demands that would be placed on the Police Department's budget. The City Clerk presented Resolution No. 4938 for Councils consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING PRIVATELY - OWNED STREETS IN BEACHWALK/HUNTINGTON SEACLIFF TRACTS SUBJECT TO PROVISIONS OF STATE VEHICLE CODE." Following discussion, a motion was made by Thomas, seconded by Finley, to adopt Resolution No. 4938 by the following roll call vote: AYES: Thomas, Finley, Bailey; Kelly NOES: Pattinson, MacAllister, Mandic ABSENT: None ORAL COMMUNICATIONS Paul Terry spoke regarding his automobile which was shot during police action that took place in his neighborhood. Lee Yadrick spoke regarding Langenbeck Park. She introduced Mrs. Gail Langen- beck, widow of past Mayor Langenbeck. Gail Langenbeck congratulated the Council on their new system of street sweepers. She stated that because her name was Langenbeck, she was beginning to feel embarrass- ment regarding the publicity surrounding the Park. She requested that Council get the park started and finished. , Amy Yoshihara spoke regarding the farming on the Edison portion of the land. Arden Pratt displayed a wall map depicting homes and the proposed park. Trudy Witham spoke regarding development of the total eighteen acres of the park. Carol Caruthers requested that Council approve the design plan and authorize the landscape architectural firm to complete the working drawings and specifications. Lynne Bolding spoke regarding the dirt mound at the Pacific Mobile Park and requested Councils assistance in the matter. The Acting City Administrator gave a report on the matter, and stated that the company should start moving the dirt Wednesday. Pat Dunn stated that he represented the builder and assured Council that barring wind or rain, removal of the dirt mound would commence Wednesday. Frank Pollack stated that he believed there should be some type of control over a developer that stored soil for future use. Page #11 - Council Minutes - 11/17/80 Chalmer Wire requested that the City Council take action regarding the dirt mound that night. He suggested that if the builder did not remove the dirt as agreed, then the City move the dirt and charge the developer. Rosalind.Humphrey stated that she did not believe that the developer should have been allowed to store the dirt for four months and cited health hazards associated with the dirt. John Weston spoke regarding the history of ordinances pertaining to massage establishments and cited state laws regarding the matter. Councilwoman Finley left the room. CONSENT CALENDAR - (ITEMS REMOVED) The Acting City Administrator informed Council that the item pertaining to budget appropriations for Slater Avenue right-of-way acquisition had been removed from the Consent Calendar for study. The item pertaining to the abandonment of oil wells on Huntington Central Park properties was removed from the Consent Calendar for separate consideration at the request of Councilman Mandic. The Acting City Administrator informed Council that the items pertaining to Parcel Map 80-572 and Parcel Map 80-573 had been reinstated on the Consent Calendar. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second MacAllister, the following items were approved as recommended by the following roll call vote: AYES: Pattinson, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Finley (out of room) MINUTES - Approved minutes of the regular meeting of November 3, 1980 as written and on file in the Office of the City Clerk. PARCEL MAP 79-556 - RONALD HIX - Accepted the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the north side of Warner Avenue, and west of Beach Boulevard and instructed the City Clerk to release for processing by the County. DRILLING OF WATER WELL NO 10 - CC-543 - PLANS AND SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications for the drilling of Water Well #10 to be located on the north portion of Sunview Park off Sher Lane, directed the City Clerk to advertise for bids and approved Negative Declaration. BID AWARD - CONSTRUCTION OF WATER WELL #4 PUMP STATION FACILITY.- SKIPPER & CO - Accepted the bid of Skipper & Company, the lowest responsible bidder, in the. amount of $87,915 for the construction of Water Well #4 Pump Station Facility to be located west of Springdale, south of U.. S. Navy Railway and authorized execution to the contract. Page #12 - Council Minutes - 11/17/80 ND #80-40 -EXPANSION OF PUBLIC LANDFILL - Approved Negative:Declaration P,80-40 required for the expansion of the City`s Class III landfill operation located at the southwestern corner of Talbert Avenue and Gothard Street. RES NO 4937 ADOPTED - REQUEST LIFEGUARD FINANCIAL. ASSISTANCE FROM COUNTY OF ORANGE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON'BEACH REQUESTING LIFE- GUARD FINANCIAL ASSISTANCE FROM THE COUNTY Of ORANGE." PARCEL MAP 80-572 - LAKE PARK ESTATES - Approved.the final parcel map pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the east side of Lake Street and north of Indianapolis. PARCEL MAP 80-573 - LAKE PARK ESTATES - Approved the final parcel map pursuant to the mandatory findings set forth, the Board of'Zonina Adjustments' on property located east of Lake Street and north of Indianapolis Avenue: Councilwoman Finley returned to the room. FEASIBILITY STUDY RE REACTIVATING OR LEASING OF OIL WELLS ON HUNTINGTON CENTRAL PARK PROPERTIES The City Clerk presented a communication from the Director of Community Services recommending that Council authorize staff to advertise for bids to legally abandon five non -producing oil wells in Huntington Central Park and to authorize the transfer of the necessary funds from the Park Acquisition and Development Fund. A motion was made by Mandic to direct staff to conduct a title search as necessary, regarding three oil wells on the Huntington Central Park properties. The motion died for lack of a second. Following discussion, a motion was made by Pattinson, seconded by MacAllister, to direct staff to conduct a study on the feasibility of reactivating or leasing three of the oil wells on Huntington Central Park properties. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None STUDY SESSION WITH LIBRARY BOARD SCHEDULED - 1/19/81 The acting City Administrator suggested a study session with the Library Boar be scheduled for January 19, 1981. Council agreed by consensus. OFFSETTING STATE FUNDS - STATE TO BE ENJOINED The Acting City Administrator requested minute action from Council to authorize the City Attorney to seek and injunction preventing the state from using.City subventions to off set money allegedly owed the state. On motion by Pattinson, second.Kelly Council authorized the City Attorney to seek an injunction preventing the state from using City subventions to off set money allegedly owed the state. F Page #13 - Council Minutes - 11/17/80 ,t LANGENBECK & MC CALLEN NEIGHBORHOOD PARKS - SCHEMATIC DESIGN.- APPROVED - CARDO] DILALLO The City Clerk presented a communication from the Community Services Director recommending approval of the schematic design plans for McCailen and Langenbeck neighborhood parks and to authorize the landscape architectural firm Cardoza- DiLallo of Costa Mesa to complete the working drawings and specifications according to terms of their contract. On motion by Pattinson, second Thomas, Council approved the schematic design plans for McCallen and Langenbeck neighborhood parks and authorized the landscape architectural firm Cardoza-DiLallo of Costa mesa to complete the.working drawings and specifications according to terms of their contract. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None LEGAL ASSISTANCE WITS! EDISON FRANCHISE - APPROVED - ALLEN WAITE On motion by MacAllister, second Pattinson, Council approved Attorney Allen Watts to assist in dealing with the Edison Franchise; other cities involved being Orange, Newport Beach and Covina. LEAGUE OF CITIES CONFERENCE - MAYOR WILL NOT BE ATTENDING Mayor Bailey announced that she would not be attending the League of Cities Conference. PERMISSION TO BE ABSENT FROM 12/1/80 COUNCIL MEETING - BAILEY/PATTINSON - APPROVED On motion by Pattinson, second Finley, Council granted Mayor Bailey and Councilman Pattinson permission to be absent from the Council meeting to be held December lst. The motion carried unanimously. WOC COUNSELING CENTER - TO BE CONSIDERED 11/24/80 The Mayor stated that Council would consider the matter of funding the West Orange County .Counseling Center on November 24th when a budget review is scheduled. DIRT MOUND NEAR PACIFIC M091LE PARK - TO BE REMOVED 11/19/80 Councilwoman Finley stated her concern regarding the .pile of dirt next to the Pacific Mobile Park. The Acting City Administrator stated that a staff member would be present at the site, November 19,.1980,.and that if removal of the dirt did not commence, the City would take further action in the matter. SPECIAL EVENTS BOARD APPOINTMENTS - GRAVES/DUNK On motion by Kelly, second Pattinson, Council approved the appointment of Jean Graves and Dale Dunn to the Special Events Board by unanimous vote. Page W14 - Council Minutes - 11/17/80 CLAIM REGARDING AUTOMOBILE INVOLVED IN POLICE ACTION Councilman Kelly stated his concern regarding the claim pertaining to the car that was shot during police action. The City Treasurer stated that there were four claims involved; that they had all been investigated and denied for cause and that any further discussion regarding the matter should:be`held'during an Executive Session. PCTA REPORT Council MacAllister stated that complaints regarding installation of cable television had diminished since communication steps had been instigated. HCD ADVISORY BOARD Councilman Mandic stated his belief that one of the members of the 'Housing and Community Development Advisory Board should be a member of the Planning Commission and requested that the Acting City Administrator check into the matter. PCTA - STREET PATCHING FOLLOWING INSTALLATION OF CONDUITS Councilman Thomas stated his concern regarding patching of the streets following television conduits installation. He suggested that further permits be held, pending proper patching of the streets. RECONSIDERATION OF PAY RAISE GRANTED CITY ATTORNEY/CITY CLERK - NO ACTION TAKEN A motion was made by Thomas for Council to reconsider the pay raise that had been granted the City Clerk and the City Attorney. The motion died for lack of a second. ORD NO 2463 - ADOPTED - APPENDING SECTION 13.36.150 PROVIDING ENFORCEMENT OF Cltru CCrTTnRI Inr7 I T%ITRlr Aonnnn nndTC The Clerk was directed to read Ordinance No. 2463 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13.36.150 PROVIDING FOR ENFORCEMENT OF SUCH SECTION." On motion by MacAllister second Pattinson, Council adopted Ordinance No.. 2463 by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None ORD NO 2464 - ADOPTED - ESTABLISH DEPARTMENT OF ADMINISTRATIVE SERVICES The Clerk was directed to read Ordinance No. 2464 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 2.36 AND SECTION 2.72.030 BY AMENDING CERTAIN -SECTIONS OF CHAPTERS 2.30, 2.72, 2.84, 3.02, 3.03 AND 8.06; AND ADDING THERETO NEW CHAPTER 2.12 TO ESTABLISH A DEPARTMENT OF ADMINISTRATIVE SERVICES." Page #15 - Council Minutes - 11/17/80 On motion by MacAllister, second Pattinson, Council adopted Ordinance No. 2464 by the following roll call vote: AYES: Pattinson, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: Finley ABSENT: None ORD NO 2466 - INTRODUCED - RE MASSAGE ESTABLISHMENTS The Clerk was directed to read Ordinance No. 2466 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5.24.010 AND 5.24.170 PERTAINING TO REQUIREMENTS FOR MASSAGE.ESTABLISH- MENTS." A motion was made by MacAllister, seconded by Mandic, to continue consideration of proposed Ordinance No. 2466 to December 15, 19€0. The motion failed by the follow- ing roll call vote: AYES: MacAllister, Mandic NOES: Pattinson, Thomas, Finley, Bailey, Kelly ABSENT: None A motion was made by Pattinson, seconded by Thomas, to stay with the original massage ordinance - Ordinance No. 2395. The motion failed by the following roll call vote: AYES: Pattinson, Thomas, Bailey NOES: Finley, MacAllister, Mandic, Kelly ABSENT: None A motion was made by Kelly, seconded by Pattinson, to approve for introduction Ordinance No. 2466. A motion was made by MacAllister to amend the motion made by Kelly to include amending Ordinance No.. 2466 regarding student permits. As the second to the original motion would not agree to the amendment, the motion made by MacAllister died. The vote on the main motion carried as follows: AYES: Pattinson, Thomas, Finley, Kelly NOES: Bailey, MacAllister, Mandic ABSENT: None A motion was made by MacAllister, seconded by Mandic, to add a provision to Ordinance No. 2466 regarding student permits. The motion failed by the following roll call vote: AYES: MacAllister, Mandic, Kelly NOES: Pattinson, Thomas, Finley, Bailey ABSENT: None Page #16 - Council Minutes - 11/17/80 ADJOURNMENT Mayor Bailey declared the regular meeting of the City Council adjourned to Monday, November 24, 1980 at 7:00 P.M. in Room B-8 in the'Civic Center. City Clerk an ex-o ffi6to Clerk of the City Council of the City ATTEST: of Huntington Beach., California City Clerk Mayor 1 ;;'.~_