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