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HomeMy WebLinkAbout1985-01-071 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 7, 1985 Mayor Bailey called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:45 P.M. ROLL CALL Present: MacAllister, Mandic, Bailey, Finley, Green Absent: Kelly, Thomas EXECUTIVE SESSION The Mayor called an Executive Session of Council to order at 6:45 P.M., to discuss personnel and litigation matters. RECESS — RECONVENE The Mayor called a recess of Council at 6:45 P.M. The meeting was reconvened at 7:30 P.M. ADJOURNMENT The Mayor declared the adjourned regular meeting of the Council of the City of Huntington Beach -adjourned. ATTEST: Alicia M. Wentworth City Clerk BY 6/m �- - a A'60e� Deputy City Clerk . Alicia M. Wentworth City Clerk and ex—officio Clerk of the City .Council of the City of Huntington Beach, California MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 7, 1985 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. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Jr. Troop 849, 4th and 5th Graders from Perry School; Mary Ellen Whiddon, Leader, Bernie Slanda, Assistant Leader. The Pledge of Allegiance was led by Amy Roberts. The Invocation was given by Julie McBrien. ROLL CALL Present: MacAllister, Mandic, Bailey, Finley, Green Absent: Kelly, Thomas SLIDE PRESENTATION - IMPROVEMENT AND EXPANSION OF JOHN WAYNE AIRPORT Mayor Philip R. Maurer, City of Newport Beach, presented a slide presentation regarding the improvement and expansion of John Wayne Airport. The Orange County Master Plan was contrasted with an alternative plan recommended by the City of Newport Beach. Mayor Maurer requested Council to endorse a resolution in support of the alternate plan as presented by the City of Newport Beach. PUBLIC HEARING - ORDINANCE NO 2747 - ADOPTED - 1982 UNIFORM CODES The Mayor announced that this was the day and hour set for a public hearing for the purpose of adopting the 1982 Editions of the following Uniform Codes: Uniform Administrative Code, Uniform Building Code, Uniform Housing Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Mechanical Code and Uniform Plumbing Code. Copies of said proposed codes are on file in the City Clerk's Office and are open to public inspection and to which reference is made for further particulars. The Deputy 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 declared the hearing open. Page 2 - Council Minutes - 1/7/85 George Arnold stated that he believed there should be stronger enforcement of the ordinances 'in the City. 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. The Deputy City Clerk presented Ordinance No. 2747 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.40, AND 17.44; AND ADDING NEW CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.40 AND 17.44, ADOPTING THE UNIFORM ADMINISTRATIVE CODE, 1982 EDITION; THE UNIFORM BUILDING CODE, 1982 EDITION; THE UNIFORM HOUSING CODE, 1982 EDITION; THE UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1982 EDITION; THE UNIFORM MECHANICAL CODE, 1982 EDITION; AND THE UNIFORM PLUMBING CODE, 1982 EDITION." A motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No. 2747, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas PUBLIC COMMENTS Dean Albright informed Council of a citizens committee, named STOP STOP, that had been formed to oppose the proposed plan of removal of materials from the Stringfellow Landfill. Patti Glamuzina, and her son, requested Council to amend the City animal ordinance to allow her to keep her ocelot at her home. George Arnold suggested that parking meters remain covered during the Christmas season until the day school reopens. He spoke regarding establishments in the downtown area painting automobiles in garages. He suggested a change in the hours of operation of restroom facilities at the beach or the installation of coin operated showers. RESOLUTION NO 5480 - ADOPTED - MOU - H B POLICE MANAGEMENT ASSOCIATION The Deputy City Clerk presented a communication from the Chief of Administrative Services transmitting Resolution No. 5480 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE MANAGEMENT ASSOCIATION." On motion by MacAllister, second Mandic, Council adopted Resolution No. 5480 by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas Page 3 - Council Minutes - 1/7/85 RESOLUTION NO 5457(c) - ADOPTED - AREA OF CONCERN 3.1 OF LAND USE ELEMENT AMENDMENT 84-2 - APPROVED - ON -SITE PARKING TO BE ENFORCED - INDUSTRIAL USE ON NICHOLS TO BE REVIEWED RE ON -SITE PARKING CONDITIONS -(Public hearing closed 11/5/84) The Deputy City Clerk presented a communication from Director of Development Services regarding Land Use Element Amendment No. 84-2, Area 3.1 - Redesignate 4.65 acres located west of Nichols Street and approximately 1,000 feet south of Warner Avenue from General Industrial to Solid Waste Facility. This item had been removed from the table November 5, 1984 and continued. The Development Services Director presented a staff report. Discussion was held regarding possible conditions that could be imposed if approval of the change of use were granted. Suggestions were: Additional parking for employees to be provided on -site; Dumping of solid waste materials to take place in an enclosed area; Start up time (of trucks) not to begin before 7:00 A.M.; and, Require slatting be placed in fencing at the rear of the property. Discussion was held by Council. Stan Tkaczyk, representing Rainbow Disposal, at the request of Council, presented his views regarding each of the suggested conditions. Further discussion was held between the Council, City Attorney and Development Services Director. Councilwoman Finley spoke regarding the fact that on -site parking requirements were already a condition of approval. The Deputy City Clerk presented Resolution No. 5457(c) for Council consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A PORTION OF LAND USE ELEMENT AMENDMENT NO. 84--2 TO THE GENERAL PLAN." Following discussion, a motion was made by Finley, seconded by Bailey, to approve Land Use Amendment No. 84-2 to include Item 3.1, redesignating the 4.65 acres located west of Nichols Street and approximately 1,000 feet south of Warner Avenue from General Industrial to Solid Waste Facility and to adopt Resolution No. 5457(c) on the premise that General Condition No. 5 of Administrative Review No. 81-9 approved by the Board of Zoning Adjustments March 4, 1981 be fulfilled as follows: "(5) Applicant shall provide on -site parking for employees, thereby discouraging employee parking along Nichols Street.". The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas A motion was made by MacAllister, seconded by Green, to direct staff to review all sites on Nichols Street as to their original on -site parking requirements to make sure that all parking requirements are enforced. The motion carried unanimously. Page 4 - Council Minutes - 1/7/85 CONSENT CALENDAR - (ITEMS REMOVED) The item pertaining to Subsurface Oil and Gas Lease, Letter of Agreement between the City and Kernview Oil Corporation covering land located generally north of Indianapolis Avenue and west of Brookhurat Street was removed from the Agenda at the request of the City Administrator. CONSENT CALENDAR - (ITEMS APPROVED) A motion was made by MacAllister, seconded by Mandic, to approve the following items, as recommended, with Councilman Mandic abstaining from voting on the minutes of the Study Session held December 19, 1984 and Mayor Bailey abstaining from voting on the item relating to the Orange County Housing Authority/U S HUD Memorandum of Understanding for Rental Rehabilitation Program. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Finley, Bailey, Green NOES: None ABSENT: Kelly, Thomas MINUTES - Approved and adopted minutes of the adjourned regular meeting of December 17, 1984 regular meeting of December 17, 1984 and the Study Session held December 19, 1984 as written and on file in the Office of the City Clerk. Councilman Mandic abstained from voting on the minutes of the Study Session held December 19, 1984. TRACT 11519 - BARTOLI CORP - NOTICE OF COMPLETION - Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond and Monument Bond on property located on the east side of Florida Street, south of Clay Avenue and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. PARCEL MAP 84-577 - JODYNE ROSEMAN - Approved final parcel map and 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 Adams Avenue, west of Magnolia, Street and instructed the City Clerk to execute same and release to the County for processing. SUBMISSION OF APPLICATION TO LEASE STATE LANDS FOR PUBLIC DOCK - FRENCH PARK HUNTINGTON HARBOUR - Authorized staff to submit State Lands Application to lease the State-owned submerged land adjacent to French Park, Huntington Harbour Main Channel for a public dock - (File Ref. #PRC 5258.1) BID AWARD - MSC-232 - IMPROVEMENT OF MAIN STREET & IMPROVEMENT OF ORANGE AVE BLAIR PAVING - Accepted the low bid of Blair Paving in the amount of 167,003.95 for the improvement of Main Street from Loma Avenue to 17th Street and Orange Avenue from 18th to 7th Street, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Page 5 - Council Minutes - 1/7/85 11 Blair Paving Sully Miller Company R. J. Noble Shawnan Corporation Griffith Company $ 167,003.95 172,220.08 174,401.52 180,928.06 182,806.17 corrected SLURRY SEALING OF VARIOUS EXISTING STREETS - NOTICE OF COMPLETION - MSC-228 Accepted work completed by Slurry Mix Company on the slurry sealing of various existing streets for a total contract price to date of $139,399.51 and authorized the City Clerk to file a Notice of Completion. WATER MAIN INSTALLATIONS - CC-685 - PLANS & SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications for furnishing and installing water mains in Pacific Coast Highway from 9th Street to 14th Streets, and adjacent streets and to bore across Pacific Coast Highway and directed the City Clerk to advertise for bids. CRACK SEALING OF VARIOUS ARTERIAL STREETS & HIGHWAYS COMPLETION - DAYCOR, INC Accepted work completed by Daycor, Inc., on the crack sealing of various arterial streets and highways for a total contract price to date of $24,413 and authorized the City Clerk to file the Notice of Completion. LEGAL ADVERTISING CONTRACT - Awarded contract for providing legal advertising services for daily insertion as needed to the Orange Coast Daily Pilot under terms outlined in the company's bid and to the weekly Huntington Beach Independent under terms outlined in the .company's bid for weekly insertions as needed. - MSC-226 - NOTICE OF FINAL TRACT 11603 - ALL OF TT 11603 - SUBDIVISION AGREEMENT - ROBERT STELLRECHT - Approved Final Tract Map 11603, being all of Tentative Tract 11603, pursuant to the required findings set forth in S. 66458 and S. 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the north side of Newman Avenue, approximately 600' east of Beach Boulevard; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.5; Lots: 1, Developer: Robert L. Stellrecht, Huntington Beach, adopted map subject to stipulations as follows.: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be paid prior to recordation of the final map, Declaration of Covenants, Conditions, and Restrictions shall be reviewed and approved by the Department of Development Services; Hydrology report shall be submitted and approved by the Department of Public Works; the final map shall be recorded prior to the expiration of Tentative Tract 11603 on May 13, 1985; Drainage for the subdivision shall be approved by the Department of Public Worsts prior to the recordation of the final map; and further accepted Guarantee and Warranty Bond No 3 SM 574 332, Monument Bond No. 3 SM 574 330, Faithful Performance Bond No. 3 SM 574 331, Labor and Page 6 - Council Minutes - 1/7/85 Material Bond No. 3 SM 574 331 and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. OC HOUSING AUTHORITY/US HUD MEMORANDUM OF UNDERSTANDING FOR RENTAL REHABILITATION PROGRAM - Approved and authorized the Mayor and City Clerk to execute the Memorandum of Understanding with the Orange County Housing Authority/U S HUD setting forth the responsibilities of each party and the procedures to be followed in coordinating the use of authority for vouchers and certificates with rental rehabilitation grant amounts in accordance with HUD requirements. Mayor Bailey abstained from voting on the item pertaining to the Orange County Housing Authority/U S. HUD Memorandum of Understanding for Rental Rehabilitation Program. CONSULTANT AGREEMENT -- DOWNTOWN PARKING TRANSIT & FINANCING STUDY - PARSON, BRINCKERHOFF QUADE & DOUGLAS INC - REMOVED FROM AGENDA AT RE VEST OF CITY ADMINISTRATOR The Deputy City Clerk presented a communication from the Department of Public Works transmitting a Consultant Agreement between the City and Parsons, Brinckerhoff, Quade & Douglas, Inc., for analysis of parking transit and financing needs in the Downtown Redevelopment Area. This item was removed from the Agenda at the request of the City Administrator. HUNTINGTON HARBOUR DREDGING & 'WATERWAY CLEANING - APPROVED - STAFF TO NEGOTIATE WITH COUNTY The Deputy City Clerk presented a communication from the Community Services Director regarding the need to dredge the main channel and Christiana Bay within Huntington Harbour. A motion was made by Mandic, seconded by MacAllister, to authorize the City Administrator to negotiate with the County of Orange to dredge the main channel and Christiana Bay within Huntington Harbour and enter into an ongoing waterway cleaning agreement for Huntington Harbour. Councilman Green stated that he believed that establishing an assessment district would be more appropriate than using monies from the General Fund. Following discussion, the motion carried by the following roll call vote: AYES: MacAllister, NOES: None ABSENT: Kelly, Thomas Mandic, Bailey, Finley, Green 1 n Page 7 - Council Minutes - 1/7/85 YMCA REQUEST FOR AGREEMENT EXTENSION OF ONE YEAR - APPROVED - YMCA FACILITY IN HUNTINGTON CENTRAL PARK The Deputy City Clerk presented a communication from the Community Services Director regarding the request from the YMCA for a one year extension of the agreement for use of Huntington Central Park for a YMCA facility. The Director of Community Services presented a staff report. A motion was made by MacAllister, seconded by Mandic, to approve a one time only extension for a period of one year, provided that at the end of the year the YMCA meets all City requirements and has the necessary financing to build Phase I. Phase I includes a pool, gymnasium and fitness center. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas PROPOSAL TO STATE LANDS COMMISSION TO DEVELOP & OPERATE A PUBLIC MARINA IN HUNTINGTON HARBOUR AT COUNTESS DRIVE - _APPROVED, AS AMENDED The Deputy City Clerk presented a communication from the Department of Public Works regarding the solicitation by the State Lands Commission of proposals from interested parties to develop and operate a public marina in the Main Channel and Bolsa Chica Channel adjacent to Countess Drive in Huntington Harbour. Discussion was held regarding possible future damage to the flood control channels, the use of a "diverter" to control surface debris, the cost of the project and the Negative Declaration. Following discussion, a motion was made by Mandic, seconded by Finley, to authorize the submittal of the proposal, as prepared by staff, to the State Lands Commission together with a $250 filing fee for development of a public marina in Huntington Harbour, to adopt a finding that the health, safety and welfare of our citizens dictates that the. City can best serve the public by leasing these state lands and subleasing the portion of the Main Channel to the Portofino Cove Boatowners Association and to direct staff to include in the agreement between the City and the Mola Development Corporation the provision that there is a time certain that the improvements are made to the public facilities so that the public marina is not hampered in its development because of Mola Development Corporation's lack in putting in those public improvements which would allow the City to construct the marina. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas COUNCIL AD HOC COMMITTEE FORMED - REVIEW STAFF NEGOTIATIONS RE PROPERTIES PERTAINING TO HCP The City Administrator requested that the Mayor appoint a Council Committee to assist in reviewing staff negotiations for properties involving Huntington Central Park. The purpose would be to submit recommendations to the Council at the earliest time possible. Page 8 - Council Minutes - 1/7/85 ORDINANCE NO 2746 -- ADOPTED - FORTUNETELLING The Deputy City Clerk presented Ordinance No. 2746 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 5.72.110, RELATING TO FORTUNETELLING." On motion by MacAllister second Mandic, Council adopted Ordinance No. 2746, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas ORDINANCE NO 2748 - INTRODUCTION APPROVED - APPOINTMENT OF PLANNING COMMISSIONERS The Deputy City Clerk presented Ordinance No. 2748 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9003.2 RELATING TO APPOINTMENT OF PLANNING COMMISSIONERS." On motion by Finley, second Green, Council approved introduction of Ordinance No. 2748, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Kelly, Thomas REAPPOINTMENTS TO FOURTH OF JULY EXECUTIVE BOARD - APPROVED - SCHUMACHER/CADS A motion was made by MacAllister, seconded by Mandic, to approve the reappointment of Steve Schumacher and Merle Cade to terms on the Fourth of July Executive Board to expire September 30, 1986, as recommended by Council liaison members MacAllister and Thomas. The motion carried unanimously. Councilman MacAllister explained that one vacancy remains on the Fourth of July Executive Board as consideration is being given to expand the board at which time additional appointments would be recommended. END OF PIER AD HOC COMMITTEE - INFORMAL REPORT Councilman Mandic presented an informal report regarding the End of the Pier Ad Hoc Committee. LIABILITY AD HOC COMMITTEE REPORT Councilman Mandic presented a report regarding the Liability Ad Hoc Committee. He invited attendance at a speech to be given by Congressman Lungren on "Deep Pocket". Councilman Mandic stated that he was hoping to be appointed to a League of Cities Committee to pursue the issue of liability. Page 9 - Council Minutes - 1/7/85 CITY MOTTO CONTEST - DEADLINE EXTENDED TO 1/21/85 Mayor Bailey reported on the City Motto Contest and stated that the deadline had been extended to January 21, 1985. Discussion was held regarding appointment of a Judging Committee. Council requested the Mayor to meet with staff to set up the judging committee by consensus. It was suggested that citizens of a variety of age be appointed to the committee. JOHN WAYNE AIRPORT - REPORTS REQUESTED Following discussion, Council requested staff to obtain written information on the Orange County Master Plan for the expansion of John Wayne Airport as well as the alternative plan recommended by the City of Newport $each. Councilman Mandic requested that the information be provided to Council before the Council meeting scheduled for January 21, 1985. STRINGFELLOW LANDFILL - MAYOR/CITY ATTORNEY TO MEET WITH CITY OF FOUNTAIN VALLEY Mayor Bailey stated that she and the City Attorney were scheduled to meet with the City of Fountain Valley regarding the Stringfellow Landfill. FLOOD CONTROL CHANNEL BEHIND EDISON HIGH SCHOOL - REFERRED TO STAFF Councilman Mandic spoke regarding a citizens comment regarding improvement in the flood control channel at the rear of Edison the need for High School where a breach had occurred in a vacant lot and had been plugged. He requested staff to check with the County regarding the matter and write a letter regarding their findings which Councilman Mandic can transmit to the concerned citizen. DRAIN ACCESS - REPORT REQUESTED BY 1/21/85 Following discussion, a motion was made by Finley, second Mandic, to direct staff to report to Council by January 21, 1985 regarding keeping drain access clear during the rainy season as well as prior to the rainy season. The motion carried unanimously. ANIMAL CONTROL ORDINANCE Councilman Green stated that he was opposed to changing the City ordinance to allow residents to keep exotic animals, such as ocelots. BUDGET TO BE REVIEWED SEMI-ANNUALLY - APPROVED Following discussion, a motion was made by Green, seconded by Finley, to review the budget semi-annually. The motion carried unanimously. Page 10 -- Council Minutes - 1/7/85 PCTA REPORT Councilman MacAllister stated that the Public Cable Television Authority would present a check to the City near the end of the month for the annual payment of five percent franchise fee. MEADOWLARK CLUBHOUSE USE - REFERRED TO STAFF Councilman MacAllister stated that a citizen had commented that the Meadowlark Clubhouse was not being used as often as it had been in the past. He referred the matter to staff. PRESENTATIONS TO BE MADE AT 7:00 P.M. BEFORE COUNCIL MEETINGS Discussion was held between Council and the City Attorney regarding the necessity of adjourning to 7:00 P.M. before the next regular Council meeting for the purpose of making presentations to citizens. The City Attorney stated that if there would be no business discussed it was not necessary to formally adjourn to that time. ADJOURNMENT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City Clerk BY d�21 Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Depu C� o r) Mayor