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HomeMy WebLinkAbout1980-12-15MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 15; 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 6:00 P.M. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent: None DISCUSSION RE COASTAL ELEMENT June Catalano, Senior Planner, described the six new categories of land use that would be discussed when considering the Coastal Element. She informed Council of communications which they had received: a letter from Robert London Moore, Jr. dated December 11, 1980; a letter to the Director of Development Services from Michael L. Fischer of the California Coastal Commission dated December 5, 1980; a letter from Vic L. Byers, III of Chevron U.S.A. Inc. dated December 15, 1980; a letter to Mills Land and Water Company from L. Thomas Tobin, of the California Coastal Commission, dated December 12, 1980; and a letter from M. Storm of the County of Orange, Environmental Management Agency, dated December 12, 1980. Ms. Catalano noted the Alternative Plans that Council would be discussing later in the evening and stated that the land use map and policies would be the legal tools that would enforce the plan. The Director of Development Services reviewed previous action taken by Council as it relates to the Coastal Element. The City Attorney clarified the meaning of a straw vote as that being only a vote of intent of councilpersons, but also subject to change in the final action. The Development Services Director reported to Council on the decision on the Chula Vista case. Mayor Bailey reviewed the agenda that would be followed later in the evening. Discussion was held regarding the policies on housing, density, low to moderate housing and rezoning. Ms. Catalano pointed out that during the course of the evening as Council makes clear its policies, staff would go through the Coastal Element document and mane it consistent with those policies. She also informed Council that after the Coastal Element was adopted Development Services staff recommended that Council 2 Page #2 - Council Minutes - 12/15/80 then consider three specific plans that would be detailed and include such issues as zoning and density. ADJOURNMENT The Mayor adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. ATTEST: City Clerk City Clerk and ex-o ficio C-1 rk of the City Council of the City of Huntington Beach, California ry MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 15, 1980 A tape recording of this meeting is on file in the City Clerk's Office 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 Cub Scout Pack 226, Bob Drohan, Cuhmaster; sponsored by Sts. Simon and Jude. Randy Lennox led the Pledge of Allegiance. The Invocation was given by Chris Malloy, Youth member of the Catholic Committee on Scouting of Orange County. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly Absent None PRESENTATION TO LIBRARY - $500 - BAUER. Mayor Bailey accepted, on behalf of the Library, a check from Ralph and Charlene Bauer in the amount of $500. PRESENTATION - SUGGESTION AWARDS - WALKER - BLENDERMAN - SALAS - nLENN Mayor Bailey presented a plaque to Betty Walker and Cheryl Salas for their suggestions; and a plaque and cash award to Ken Blenderman and Gary Glenn. She announced that Ken Blenderman was the "Suggester" of the month. VOLUNTEER OF THE MONTH - FRANCES BLACKBURN Mayor Bailey presented a plaque to Frances Blackburn and commended her for her work at the Senior Citizens Center. PROCLAMATION - EDISON CHARGER WEEK Councilman MacAllister congratulated Edison High School football team, "The Chargers", on winning the CIF Championship. On motion by Pattinson, second MacAllister, Council proclaimed the week of December 15th as "Edison Charger Week". The motion carried unanimously. It was decided that the Proclamation would, be sent- to,'the school. STRAW VOTE CLARIFIED Mayor Bailey requested that the City Attorney clarify the concept of a straw vote and possible conflict of interest of Councilmembers. The City Attorney stated that a straw vote was the notice of intention of a decision and could be changed when a final decision was reached; she declared 23 Page #2 - Council Minutes - 12/15/80 that conflict of interest did not exist in Councilmembers considering the Coastal Element. THE COASTAL ELEMENT - APPROVED BY STRAW VOTE The Mayor announced that this was the day and hour set for the purpose of con- sidering the Coastal Element, a proposed addition to the General Plan which indicates the kinds, location and densities of land uses in the City's coastal zone, on which a public hearing was closed on December 8, 1980. Coastal Land Use Plan - Land Use Catenories Mayor Bailey stated that Council would now consider any desired changes to definitions of, or uses permitted, within the new coastal land use categories. On motion by Pattinson, second MacAllister, Council changed the definition on page 122 from Recreation/Support Commercial to Commercial/Support Recreation, by unanimous vote. On motion by MacAllister, second Mandic, Council accepted the definitions of and uses permitted within the new coastal land use categories, as amended, by unanimous straw vote. Coastal Land Use Plan - Goldenwest Street to Beach Blvd Mayor Bailey stated that Council would now consider land use alternatives for the area between Goldenwest Street and Beach Boulevard. Mike Adams, Assistant Planner, distributed maps showing existing zoning in the area to Council. Discussion was held regarding height limitations and present zoning. The Director of Development Services stated that staff would be recommending that Council direct staff to prepare three specific plans for the Coastal Element. Discussion was held regarding density in the area between Goldenwest Street and Beach Boulevard. It was the consensus of Council that the core area would be removed fnr separate discussion and that Council would consider the remainder of the area. A motion was made by MacAllister, seconded by Pattinson, to adopt Alternative 2 for the long finger of land from 6th Street west to Goldenwest Street. Following discussion Councilman MacAllister stated that it was the intention of the motion to follow the current zoning that was there at the present time. Following extensive discussion, Councilman MacAllister amended the motion to reflect medium density residential use with the intent that if consolidation takes place the high density designation would take precedence when a specific plan was submitted. The second to the motion agreed with the amendment. It was stated that this designation carried a three story height limitation. Fallowing discussion, Council voted on the amended motion and it carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None 1 Page #3 - Council Minutes - 12/15/80 Mayor Bailey stated that Council would now consider the area generally bounded by Lake Street north to the Coastal zone boundary and east to Beach Boulevard. A motion was made by MacAllister, seconded by Pattinson, to adopt Alternative 2 for the area which would mean higher dens.ity in the area generally bounded by Lake Street, Atlanta Avenue, Delaware Street and Pacific Coast Highway, with the exception of the City -owned property and a visitor serving commercial area at Lake Street and Pacific Coast Highway. It was stated that this designation carried a three story limit. Following discussion, Council voted on the motion and it failed by the following roll call straw vote: AYES: Pattinson, Bailey, MacAllister NOES: Thomas, Finley, Mandic, Kelly ABSENT: None A motion was made by Mandic, seconded by Thomas, to adopt Alternative 3 Modified for the entire area generally bounded by Lake Street north to the Coastal zone boundary and east to Beach Boulevard, with the exception of the City owned property. It was stated that this designation would be medium density with a three story height limitation. Extensive discussion was held regarding density and a buffer zone between commercial and residential uses. Council voted on the motion and it carried by the following roll call straw vote AYES: Thomas, Finley, Mandic, Kelly NOES: Pattinson, Bailey, MacAllister ABSENT: None Mayor Bailey stated that Council would now consider the Downtown Core Area, generally located between 6th and Lake Streets. A motion was made by Pattinson, seconded by MacAllister, to adopt Alternative 3.Modified for the Downtown Core Area which would have no height limitation. Following extensive discussion, Council voted on the motion and it failed by the following roll call vote: AYES: Pattinson, MacAllister, Kelly NOES: Thomas, Finley, Bailey, Mandic ABSENT: None On motion by Mandic, second MacAllister, Council adopted Alternative 3 Modified with a six story height limitation for the Downtown Core Area with Main - Lake and Hartford - Acacia becoming General Commercial by the following roll call straw vote: AYES: Thomas, Bailey, MacAllister, Mandic NOES: Pattinson, Finley, Kelly ABSENT: None 25 Page #4 - Council Minutes - 12/15/80 RECESS - RECONVENE Mayor Bailey called a recess of the City Council at 10:30 P.M. The City Council reconvened at 10:45 P.M. Mayor Bailey stated that Council would now consider the City owned property located at the northwest corner of Beach Boulevard and Pacific Coast Highway. On motion by MacAllister, second Pattinson, Council adopted the designation of Commercial/Support Recreation for the area by unanimous straw vote, On motion by Pattinson, second MacAllister, Council adopted Alternative 2, as amended, for the area between Goldenwest Street and Beach Boulevard, by unanimous straw vote. APPEAL TO LAND USE ELEMENT 80-2 TO GENERAL PLAN - EIR 80-3 - TO BE CONSIDERED FOLLOWING COASTAL ELEMENT Mayor Bailey requested that Council take Item D-1d out of order, and consider the appeal to the Planning Commission decision to delete Area 2.2 from the Land Use Element 80-2 to the General Plan. On motion by Bailey, second Kelly, Council agreed to consider the appeal to the General Plan following the hearing on the Coastal Element by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly NOES: MacAllister ABSENT: None Coastal Land Use Plan - Goldenwest Street to North Citv Bounda Mayor Bailey stated that Council would now consider that part of the coastal zone between Goldenwest Street and the City's northern boundary. A motion was made by Mandic, second Kelly, to change the Land Use designation on the KTJ Property consisting of 5.7 acres at the end of Countess Drive from Commercial to Low Density Residential. The motion failed by the following roll call straw vote: AYES: Thomas, Mandic NOES: Pattinson, Finley, Bailey, MacAllister, Kelly ABSENT: None On motion by MacAllister, second Pattinson, Council changed the Land Use designation on the KTJ Property consisting of 5.7 acres located at the end of Countess Drive from Commercial to Medium Density Residential by the following roll call straw vote: AYES: Pattinson, Finley, Bailey, MacAllister, Kelly NOES: Thomas, Mandic ABSENT: None Mayor Bailey announced that she, Councilmen Pattinson and Thomas had listened to a tape recording of a previous meeting regarding the area of Beach Boulevard S Page #5 - Council Minutes - 12/15/80 to the Santa Ana River and therefore are eligible to vote on the matter when it comes before Council for consideration later in the evening. A motion was made by MacAllister, seconded by Thomas, to strike all references to the Bolsa Chica area and any area outside of the Cityy's boundaries and the City's jurisdiction from the Coastal Element. Following discussion, Council voted on the motion and it failed by the following roll call straw vote: AYES: Pattinson, MacAllister NOES: Thomas, Bailey, Mandic, Kelly ABSENT: None A motion was made by Kelly, seconded by Pattinson, to delete the first paragraph on page 67 (a) of the draft of the Coastal Element, which refers to Bolsa Chica wetlands and environmentally sensitive habitats. Following extensive discussion, the motion carried by the following roll call straw vote: AYES: Pattinson, Bailey, MacAllister, Kelly NOES: Thomas, Finley, Mandic ABSENT: None A motion was made by MacAllister to add the following words to the first sentence of the second paragraph on page 67 (a) of the draft of the Coastal Element: if economically feasible and if funding is available." The motion died for lack of a second. Councilman Kelly referred to a letter from Michael L. Fischer, Executive Director, California Coastal Commission. A motion was made by MacAllister, seconded by Pattinson, to add to the first sentence of the second paragraph on page 67 (a) of the draft of the Coastal Element the words ".... if economically feasible and if funding is available." The motion failed by the following roll call straw vote: AYES: Pattinson, MacAllister, Kelly NOES: Thomas, Finley, Bailey, Mandic ABSENT: None On motion by Bailey, second Thomas, Council approved reconsideration of the issue of the deletion of the first paragraph on page 67 (a) in the draft of the Coastal Element by the following roll call vote: AYES: Thomas, Finley, Bailey, Mandic, Kelly NOES: Pattinson, MacAllister ABSENT: None A motion was made by Bailey, seconded by Thomas, to delete the first paragraph on page 67 (a) in the draft of the Coastal Element. The motion failed by the following roll call straw vote: AYES: MacAllister, Kelly NOES: Pattinson, Thomas, Finley, Bailey, Mandic ABSENT: None Ri Page #5 - Council Minutes - 12/15/80 Coastal Land Use Plan - Beach Boulevard to the Santa Ana River The Director of Development Services reviewed steps taken by staff regarding the definition of a wetlands. June Catalano, Senior Planner, spoke regarding the options open to Council regarding the wetlands. Liz Fuchs, representing the California Coastal Commission, clarified the intent of the letter written by Michael L. Fisher, Executive Director. On motion by Thomas, second Finley, Council approved the recommended land use plan for that part of the coastal zone between Beach Boulevard and the Santa Ana River. The motion carried by the following roll call straw vote: AYES: Thomas, Finley, Bailey, Mandic NOES: Pattinson, MacAllister, Kelly ABSENT: None A - Recreation and Shoreline Access - 10.5.1 - Approved by Straw Vote On motion by Pattinson, second Finley, Council approved elimination of policy 1 (d) concerning Sunset Aquatic Park by the following roll call straw vote: AYES: Pattinson, Thomas, Finley,, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None A motion was made by MacAllister, seconded by Kelly, to strike 2 (k) on page 151. The motion failed by the following roll call straw vote: AYES: Pattinson, MacAllister, Kelly NOES: Thomas, Finley, Bailey, Mandic ABSENT: None Discussion was held regarding the PERR right-of-way. A motion was made by Pattinson, seconded by MacAllister, to delete the word "not" from the italicized reference to the PERR right-of-way exceptions, under 4 (a) on page 153. The motion failed by the following roll call straw vote: AYES: Pattinson, MacAllister NOES: Mandic, Kelly ABSTAIN: Thomas, Finley, Bailey ABSENT: None On motion by Pattinson, second Kelly, Council approved 10.5.1 - Recreation and Shoreline Access, as modified, by unanimous straw vote. B - Visitor Serving Facilities - 10.5.2 - Approved by Straw Vote On motion by Pattinson, second Finley, Council approved 10.5.2 Visitor Serving Facilities by unanimous straw vote. Page #7 - Council Minutes - 12/15/80 C - Visual Resources - 10.5.3 - Approved by Straw Vote On motion by Pattinson, second Kelly, Council approved 10.5.3 Visual Resources by unanimous straw vote. 0 - Water and Marine.Resources - 10.5.4 - Approved by Straw Vote Councilman Kelly drew Council's attention to the words "require a maximum feasible" on page 156 8 (d). It was determined that this was a typographical error and that the words should be crossed out. On motion by Pattinson, second Mandic, Council approved 10.5.4 Water and Marine Resources, as modified, by unanimous straw vote. E - Environmentally Sensitive Habitats -- 10.5.5 - Approved by Straw Vote A motion was made by Mandic, seconded by Finley, to approve Environment Sensitive Habitats 10.5.5. Following discussion, the motion failed by unanimous straw vote. A motion was made by MacAllister, seconded by Kelly, to delete 9 (a) on page 157 and amend the sentence under 9 (c) on page 158: " - One hundred foot setback from the edge of the wetland." by adding the words "....excluding Pacific Coast Highway." It was the consensus of opinion that the motion should be broken down into two parts. On motion by MacAllister, second Pattinson, Council deleted 9 (a) on page 157 by the following roll call vote: AYES: Pattinson, Thomas, Bailey, MacAllister, Kelly NOES: Finley, Mandic ABSENT: None A motion was made by MacAllister, seconded by Bailey, that 9 (c) be modified by amending the sentence ". - One hundred foot..setback.from the.edge of the wet- land." by adding words:".. excluding Pacifi:c.Coast. Highway." .The motion,tarridd by unanimous straw vote. On motion by Bailey, second Kelly, Council approved the policy on Environmentally Sensitive Habitats - 10.5.5, as amended, by the following roll call straw vote: AYES: Thomas, Finley, Bailey, MacAllister, Kelly NOES: Pattinson, Mandic ABSENT: None F - Energy - 10.5.6 - Approved by _Straw Vote Extensive discussion was held regarding prohibitive language within the energy policy block. June Catalano clarified the intent underlying some of the provisions in the block. R1 Page #8 - Council Minutes - 12/15/80 On motion by Pattinson, second MacAllister, Council directed staff to change the wording on page 161 12 (o) from "study the feasibility of developing new City ordinances regarding...." to read "Encourage development of new ways to conserve energy such as...." by unanimous straw vote. A motion was made by MacAllister to delete 13 (d), 13 (e), 13 (f) and 13 (g) from the policy block. The motion died for lack of a second. June Catalano stated that in framing the energy policy, staff was attempting to encourage oil production within the City while at the same time encouraging the compatibility of land uses around it. She stated that there were a number of conflicts that they were trying to resolve so that recreation and residential land use was protected. A motion was made by Pattinson, seconded by Finley, to direct staff to modify the prohibitive language in the entire energy policy to more permissive language, including changing the words on page 163, 13 (g) from "Prohibit new marine terminals..." to "...carefully evaluate new marine terminals..." The motion carried unanimously. A motion was made by Mandic, seconded by MacAllister, to modify 13 (c) by deleting the words ..approve no new wells..." to read "...to discourage new wells..." and to delete 13 (e) and 13 (g). The City Clerk stated that there was a motion on the floor. The motion made by Pattinson, seconded by Finley, carried by the following roll call straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None A motion was made by Mandic to change the wording on 13 (c) from "...approve no..." to "discourage" and to delete 13 (d), 13 (e) and 13 (g). The motion died for lack of a second. On motion by Pattinson, second MacAllister, Council adopted the Energy policy 10.5.6. as amended, by unanimous straw vote. G - Housing - 10.5.7 - Adopted by Straw Vote A motion was made by MacAllister to delete 15 (b) on page 165. The motion died for lack of a second. Discussion was held by Council regarding policy on low income housings A motion was made by Pattinson, seconded by MacAllister, to incorporate the letter, with the exception of the reference to page 165 15 (b), from Mary Eileen Matheis, President, Huntington Beach -Fountain Valley Board of Realtors, dated November 17, 1980, into the policy block on Housing 10.5.7. The motion carried by unanimous roll call straw vote. On motion by MacAllister, second Mandic, Council deleted 15 (b) on page 165 by the following roll call straw vote: 30 AYES: Pattinson, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: Finley ABSENT: None Page #9 - Council Minutes - 12/15/80 On motion by Pattinson, second MacAllister, Council deleted 15 (g) on page 165 by Ile following roll call straw vote. AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None A motion was made by Finley, seconded by MacAllister, to insert a new 15 (g) to read "Encourage the retention of existing numbers of mobilehomes and investigate areas for potential new mobilehome zoning." The motion carried by the follow- ing roll call straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic NOES: Kelly ABSENT: None Discussion was held regarding affordable to low and moderate income housing. A motion was made by Pattinson, seconded by Finley, to incorporate into 15 (h) on page 165 the concept that the developer have the option to locate the affordable to low and moderate income housing units somewhere other than in the coastal zone. The motion carried by unanimous straw vote. On motion by MacAllister, second Finley, Council adopted the policy on Housing 5.5.7, as amended, by unanimous straw vote. H - Community Facilities - 10.5.8 - Approved by Straw Vote On motion by MacAllister, second Pattinson, Council deleted 16 (i) on page 166 by the following roll call straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None A motion was made by MacAllister, seconded by Pattinson, to modify 16 (j) on page 166 (a) by changing the words from "...to the City boundary..." to "...within the coastal zone..." The motion carried by the following roll call straw vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Pattinson ABSENT: None On motion by MacAllister, second Pattinson, Council modified 16 (1) - City to work with Orange County Transportation District for the development of a transportation center within the coastal zone by the following roll call straw vote: AYES: Pattinson, Thomas, Bailey, Kelly NOES: Mandic, Finley ABSENT: None On motion by Pattinson, second MacAllister, Council adopted policy block 10.5.8 Community Facilities, as amended, by unamimous straw vote. I - Administration - 10.5.9 -_Approved by Straw Vote A motion was made by MacAllister, seconded ty Pattinson, to delete 18 and 19 on page 167 and delete references to Sunset Beach Aquatic Park. The motion carried by the following roll call straw vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None Page #10 - Council Minutes - 12/15/80 On motion by Pattinson, second MacAllister, Council adopted policy block 10.5.9 Administration, as amended, by the following roll call straw vote: AYES: Pattinson, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Finley (out of room - this vote only) J - Possible Policies Recommended by Staff - No Action Taken June Catalano reviewed recommended policies regarding the 5.7 acres of land in the Coastal Zone owned by KTJ Properties that Council had taken action on earlier in the evening. K - Entire Policy Package - Adopted With Revisions by Straw Vote On motion by Pattinson, second MacAllister, Council adopted the entire policy package, with revisions, by unanimous straw vote. On motion by Pattinson, second MacAllister, Council directed staff to make the change of text, within the Coastal Element document, as Council had given direc- tion to do within the policy section of the Coastal Element. The motion carried by unanimous straw vote. On motion by Pattinson, second MacAllister, Council directed staff to integrate all land use, policy and text revisions and deletions into a final Coastal Ele= ment document and to prepare a resolution for adoption on January 5, 1981. The motion carried by unanimous straw vote. Councilwoman Finley commended staff on a good job and suggested that citizens' committees be recognized for their work. RECESS - RECONVENE Mayor Bailey tailed a recess of the City Council at 1:45 A.M. The City Council reconvened at 1:55 A.M. APPEAL TO PC DECISION DELETING AREA 2.2 FROM LAND USE ELEMENT 80-2 TO THE GEE L L N- EIR 0-3 - APPEAL DENIED The Mayor announced that this was the day and hour set for the continuance of 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 Resource 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. Councilman MacAllister stated that Council had received a letter from the appellant appealing the straw vote taken by Council November 17, 1980. V Page #11 - Council Minutes - 12/15/80 A motion was made by MacAllister, seconded by Pattinson, to approve the appeal and retain the low density designation on the east side and make it higher density on the west side of the flood control channel. The motion failed by the following roll call vote: AYES: Pattinson, MacAllister NOES: Thomas, Finley, Bailey, Mandic, Kelly ABSENT: None A motion was made by Kelly, seconded by MacAllister to adopt Alternative 1 which would mean low density on the east side and medium density on the west side of the channel. The motion failed by the following roll call vote: AYES: Pattinson, MacAllister, Kelly NOES: Thomas, Finley, Bailey, Mandic ABSENT: None On motion by Thomas, second Mandic, Council denied the appeal and upheld the decision of the Planning Commission by the following roll call vote: AYES: Thomas, Finley, Bailey, Mandic NOES: Pattinson, MacAllister, Kelly ABSENT: None APPEAL TO THE PC DECISION DELETING AREAS 2.1 - CONTINUE UNTIL ECONOMIC FEASIBILITY STUDY HAS BEEN MADE & 2.2.10 - SUSTAINED APPEAL & DELETED TWO PARK SITES FROM AMEND ENT 80-1 TO OPEN SPACE/ -CONSERVATION ELEMENT OF THE GENERAL PLAN - EIR 80-4 The Mayor announced that this was the day and hour set to continue the public hearing that had been continued open from November 17, 1980 for the purpose of considering 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. Mayor Bailey stated that Council would now accept testimony on area 2.1. Joe Whal_jn2 stated that much of the land was already open space and that he did not be reve that the City needed to buy more land; and that redesignation of open space was needed to develop a more intensive use of the land. Tony Lucia stated that he had listed for sale the Mushroom Farm owned by the Di Stefano family. He spoke regarding grants and the City's financial picture and stated that he did not believe that the City needed the land. He requested that Council protect the property rights of the owners of the Mushroom Farm as it cannot be sold now because of its zoning. Robert Siemer requested that Council deny the appeal. A. C. Marion stated that he did not believe it was fair to leave the landowners in the area in limbo and requested that Council do something. 33 Page #12 - Council Minutes - 12/15/80 Roger Wilson stated that he was speking for the children and that they needed a park, not a Disneyland facility or a park for the use of the residents of Riverside. He stated that he believed that children would get the most use out of the park if they left it as it is now. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held by Council regarding an economic study of the area. A motion was made by Thomas to maintain the former Council's recommendation for the border to remain at 660 feet north of Ellis Avenue between Edwards and Goldenwest Street. The motion died for lack of a second. Extensive discussion was held by Council. A motion was made by Pattinson, second MacAllister to continue the item until an economic feasibility study has been made. Following discussion, the motion carried by the following roll call vote: AYES: Pattinson, Finley, MacAllister, Kelly NOES: Thomas, Bailey, Mandic ABSENT: None On motion by Pattinson, second Kelly, Council directed that a contract for an economic feasibility study be brought before Council on January 5, 1981 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None Mayor Bailey stated that Council would now consider Area 2.2.10. Bryan,Burgess presented an informal petition to Council from neighborhood home- owners requesting that Council keep the parksite at Palm Avenue and Goldenwest Street., Dick Harlow, representing the Huntington Beach Company, stated that they were in favor of deleting the park sites. There being no one present to speak further on the matter and there being no further protests either oral or written, the hearing was closed by the Mayor. Discussion was held regarding negotiations between the Huntington Beach Company and the City regarding dedication of land adjacent to the Huntington Beach High School. A motion was made by Thomas to retain the two park sites. The motion died for lack of a second. 34 Page 013 - Council Minutes - 12/15/80 On motion by MacAllister, second Pattinson, Council sustained the appeal and deleted the two park sites generally located at the intersection of Goldenwest Street and Palm Avenue by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None RES 4935 - ADOPTED - OPEN SPACE/CONSERVATION ELEMENT AMENDMENT 80_:l OF THE GENEULPLAN-- EIR $- - A R ED The Mayor announced that this was the day and hour set to continue a public hearing that had been continued open from November 17, 1980 for the purpose of considering Amendment 80-1 to the Open Space/Conservation Element of the Hunting- ton 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, Price, Gibbs and Carr Parks to be relocated: McCallen, Manning, Edison Right -of -Way east of Brookhurst Street or Lamb. School Park sites to be deleted: Westmont School, Old Civic Center Site, Peterson School The Mayor stated that Council would accept testimony at this time. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 4935 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING OPEN SPACE AND CONSERVATION ELEMENT AMENDMENT NO. 80-1 TO THE CITY'S GENERAL PLAN." On motion by MacAllister, second Pattinson-, Council approved the. Open Space/Conserva- tion Element Amendment 80-1 by adopting Resolution No. 4935 as amended, and approved EIR 80-4, by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None APPEAL TO PC DECISION DELETING AREA 2.5 FROM LAND USE ELEMENT AMENDMENT 80-2 TO THE GENERAL PLAN - EIR 8�3- --HEARING CLOSED -'C NTINUED PENDIWFINANCIAL cTRTI TTv crime nr urb The Mayor announced that this was the day and hour set to continue a public hear- ing continued from November 17, 1980 for the purpose of considering an appeal filed by Councilmen Pattinson and MacAllister to the decision of the Planning Commission to delete Area 2.5 of the Land Use Element Amendment 80-2 to the General Plan; a request to redisignate ten acres of land located north of Ellis Avenue and west of Gothard Street from Industrial to Open Space. Page #14 - Council Minutes - 12/15/80 The Mayor stated taht Council would hear testimony at this time. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Pattinson, second MacAllister, Council continued the hearing until after the financial feasibility study on Huntington Central Park is completed. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None RES NO 4936 - ADOPTED - LAND USE ELEMENT AMENDMENT 80-2 - TO THE GENERAL PLAN & EIR 80-3 - APPROVED The Mayor announced that this was the day and hour set to continue a public hearing from November 17, 1980 for the purpose of considering Environmental Impact Report 80-3 and Land Use Element Amendment No. 80-2 to the General Plan requests to: 2.1 Request to redesignate 46.63 acres of land, south of Ellis Avenue and east of Goldenwest Street from Estate Residential to High Density Residential. 2.3 Request to redesignate 10.18 acres of land located south of Warner Avenue and west of Beach Boulevard from Comercial to Comercial with Multi -Story Suffix. 2.4 Request to 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. Councilman Pattinson stated that he would abstain from voting on area 2.1. The City Clerk presented Resolution No. 4936 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LAND USE ELEMENT AMENDMENT 80-2 TO THE CITY'S GENERAL PLAN." On motion by MacAllister, second Thomas, Council adopted Resolution No. 4936, as amended, and approved EIR 80-3 by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSTAIN: Pattinson ABSENT: None 36 Page #15 - Council Minutes - 12/15/80 ORAL COMMUNICATIONS Robert Mayer, attorney, spoke regarding the Huntington Beach Inn. He stated there was a tremendous potential in the property, but if forced to operate under the restrictions of the LCP they won't be feasible. He requested that Council allow a commercial use for that property. CONSENT CALENDAR - (ITEMS APPROVED) Council requested that the Library Board, which had inadvertently been omitted from the Maddy List, be included in the list. On motion by MacAllister, second Mandic, the following items were approved, as recommended by the following roll call vote: AYES: Pattinson, Finley, Thomas, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of 11/24/80 and--tTe regular meeting of 12/1/80 as written and on file in the Office of the City Clerk, with Mayor Bailey and Councilman Pattinson abstaining on the minutes of 12/l/80. JUVENILE DIVERSION PROGRAM AGREEMENT - WEST ORANGE COUNTY YOUTH SERVICES CENTER - Approved and authorized execution of t e amendment to t e Juvenile Diversion Program Agreement - West Orange County Youth Services Center - between the City and County to allow the continuation of the juvenile diversion/treatment program - 1/1/81 - 6/30/81. MADDY LOCAL APPOINTIVE LIST ACT - Approved the attached list of boards, commissions and committees, to Ee amended to include the Library Board, and appointees 1981 expiration dates thereto and direct the City Clerk to post said list and Notices of Vacancies at the Huntington Central Library and at the Civic Center. REQUEST TO ALLOT MONIES FOR 0 C CRIMINAL JUSTICE TRAINING FACILITY - GOLDENWEST COLLEGE - Authorized the expenditure appropriatio n of 379,635 pursuant to the range County Criminal Justice Training Facility Grant #4329. PROPERTY TAX ALLOCATION AGREEMENT WITH ORANGE COUNTY - Approved and authorized execution of a property tax allocation agreement between the City and County of Orange regarding formulas for allocating property tax revenues after new municipal annexations. RESOLUTION NO 4949 - ADOPTED - APPLICATION FOR GRANT FUNDS - ROBERTI-Z'BERG - SP R S FIELD LIGHTING - GISL R/DWY R - RESOLUTION OF THE CITY C UNCIL OF THE CITY OF HUNTINGTON BE CH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM." SOLICITATION OF BIDS FOR AN INDEPENDENT APPRAISER - Authorized City staff to send bid proposals so ici M� the services of an independent appraiser to appraise the private property at 538 Main Street and the City -owned property at the old Talbert Reservoir site adjacent to the Santa Ana River. Z17 Page #16 - Council Minutes - 12/15/80 BID AWARD - WATER.WELL #10 - SUN VIEW PARK -- CC-543 -- STANG HYDRONICS INC - Acceptea the low bid o tang Hyaronics, nc., m e amount o or the drilling of Water Well #10 - Sun View Park and rejected the other bid. PARCEL MAP 80-570 - GOTHARD BUSINESS CENTER, LTD - Approved Final Parcel Map No. 80-5 0 located on the soutRi a of Heil Avenue, west of Gothard Street, pursuant to the mandatory findings set forth by the Board of Zoning Adjus.tments and instructed the City Clerk to release for processing by the County. CITY APPEAL TO FLOOD INSURANCE RATE MAPS - FIELD ENGINEERING SURVEY - Authorized the retention of the firm of Hartge Engineering Company to perform the necessary field engineering survey for the appeal of the Flood Insurance Rate Maps on a time and material basis not to exceed $4,500. EXTERNAL AUDIT CONTRACT - TO BE EXTENDED - PEAT MARWICK, MITCHELL & CO - COUNCIL COMMITTEE APPOINTED - PATT NSON - THOMAS - FINLEY The City Clerk presented a communication from the Acting City Administrator trans- mitting a request from the firm of Peat, Marwick, Mitchell and Company for a three year extension of their contract to examine the City's financial statements. On motion by Pattinson, second MacAllister, Council extended the contract and appointed a Council committee to negotiate both the number of years that the contract might be extended and the fee for 1981 and any subsequent years. The motion carried unanimously. Mayor Bailey appointed Councilmembers Pattinson, Thomas, Finley to the committee. ADJUSTMENT TO CAPITAL OUTLAY FUND - CO HYDRAULIC JACK/CIABLO PRINTER - APPROVED - ACTING CITY ADMINISTRATOR AUTHORIZATION TO APPROVE ADJUSTMENTS IN FUTURE - APPROVED The City Clerk presented a communication from the Acting Acting City Administrator requesting Council approval of additional funds for items approved in the 1980-81 budget which have exceeded the budgeted amount by more than seven percent. A motion was made by Pattinson, seconded by MacAllister to approve additional capital outlay funds for a CO Hydraulic Jack requested by the Community Services Department in the amount of $150; approved capital outlay funds for a Diablo Printer requested by Administrative Services in the amount of $750; and authorized the Acting City Administrator to use his judgment regarding approval of department requested adjustments beyond the amount budgeted for capital items and require the Acting City Administrator to report quarterly those adjustments he approves to the City Council. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: Mandic ABSENT: None CITY NEGOTIATOR CONTRACT - CALENDAR .YEAR 1981 - APPROVED The City Clerk presented a communication from the Acting City Administrator recom- mending the extension of the outside labor negotiator contract between the City and J. Nicholas Counter, III, with amendments for calendar year 1981. Page #17 - Council Minutes - 12/15/80 On motion by Pattinson, second MacAllister, Council approved and authorized execution of the contract extending the service of the City's outside labor negotiator J. Nicholas Counter, III unanimously. APPOINTMENT - CHIEF OF ADMINISTRATIVE SERVICES ARGUELLO The Acting City Administrator informed Council that they have been provided with copies of a memo from his office dated December 15, 1980 stating that the newly created Department of Administrative Services would become effective December 17, 1980 and requesting that Frank B. Arguello, Acting City Administrator, be appointed to the position of Chief of Administrative Services Department at Range 432 - E effective December 17, 1980. On motion by Pattinson, second Mandic, Council appointed Frank B. Arguello to the position of Chief of Administrative Services Department at Range 432 - E effective December 17, 1980 unanimously. ORD NO 2466 - INTRODUCED AS AMENDED - MASSAGE ESTABLISHMENTS The City 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, 5.24.120, 5.24.130 AND 5.24.170 PERTAINING TO RE- QUIREMENTS FOR MASSAGE ESTABLISHMENTS." Mayor Bailey and Councilman Pattinson stated that they had listened to the tape recording of the meeting held December 1, 1980 and were qualified to vote on Ordinance No. 2466. A motion was made by Pattinson, seconded by Bailey, to amend Ordinance No. 2466 by deleting the provision regarding the apprenticeship program and increasing the time for background checks to thirty days and to approve introduction of Ordinance No. 2466, as amended. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey NOES: MacAllister, Mandic, Kelly ABSENT: None OC YMCA CRISIS CENTER/SHELTER FUNDING - CONTINUES TO BUDGET SESSIONS The City Clerk presented a communication from the Orange Coast Family YMCA re- garding their need for six months of interim funding for the Crisis Center Shelter and requesting that Council consider funding $10,000. On motion by Pattinson, second Bailey, Council continued to budget session con- sideration of the request for $10,000 interim funding for the OC YMCA Crisis Center Shelter. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Kelly NOES: Mandic, MacAllister ABSENT: None 9 Page #18 - Council Minutes - 12/15/80 ADJOURNMENT Mayor Bailey declared the regular meeting of the City Council adjourned to Monday, January 5, 1981 at 6:30 P.M. in Room B-8 in the Civic Center. ATTEST: City Clerk 117 City Clerk an ex-g�7 cio Cler of the City Council of the City of Huntington Beach, California I 1 40