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HomeMy WebLinkAbout2009-02-02 (5)Minutes City Council/Redevelopment Agency City of Huntington Beach Monday, February 2, 2009 4:00 PM - Room B-8 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 An audio recording of the 4:00 PM portion of this meeting and a video recording of the 6:00 PM portion of this meeting is on file in the Office of the City Clerk and is archived at www.surfcity-hb.org/government/agendas/ CALL TO ORDER Mayor Bohr called the regular meeting of the City Council/Redevelopment Agency to order at 4:05 PM. ROLL CALL Present: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen Absent: None ANNOUNCEMENT OF LATE COMMUNICATION - None. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) - None. STUDY SESSION (City Council) Joint Study Session held between the City of Huntington Beach City Council and the Finance Board - A Review of the Finance Board's 2008 Annual Report and discussion on the Board's direction for 2009. FINANCE BOARD ROLL CALL: Present: Falzon, LoGrasso, Corkett, Garcia, and Jones Absent: King (and 1 vacant position) Chair Falzon provided a PowerPoint presentation entitled, "HB City Council / Finance Board Study Session" that addressed the following information related to the Board's Annual Report: purpose of today's meeting, current members, background, additional 2008 activities, Finance Board 2009 activities, potential 2009 activities, and next steps. The report concluded by providing information related to the Board's origination and duties. Councilmember Hansen stated the importance of communicating Council goals as delineated during the January 301h Strategic Planning Workshop to all boards and commissions_ Council/Redevelopment Agency Minutes February 2, 2009 Page 2 of 15 Chair Falzon indicated that the topic would be included on the next Finance Board agenda„ and discussed the difficulties new Board Members experience in coming up to speed on Board activity when they are appointed by Council in December, and the Board's Annual Report is published in January. Mayor Pro Tem Green and City Administrator Fred Wilson discussed the Board's intent to revisit a financial plan with staff, including long-term goals, current realities, and the state budget. Mayor Pro Tem Green expressed concerns related to depletion of Proposition 19 and General Fund monies, questioning ill affects on the City and Redevelopment Agency. Discussion ensued on City reserves and a Federal stimulus plan. Chair Falzon discussed the importance of short-term goals. Board Member Jones discussed the Board's research on prevailing wage and neighborhood improvement districts in the City. Councilmember Dwyer addressed infrastructure, and discussion ensued on sharing ideas between the Board and City on how much money could be saved through established assessment districts. Councilmember Hansen commented on the differences between assessment districts and neighborhood preservation. Board Member LoGrasso asked for the size of districts. Councilmembers Hansen and Hardy explained that the process was similar to home owner associations. Discussion ensued regarding placing a measure on a ballot that the public feels should be taken care of through existing means, and how to distinguish the percentage of homeowners who would benefit from property enhancement. Board Member LoGrasso suggested that the research involved would require sound support from Council. Board Member Jones referred to Humboldt Island as a neighborhood association taking care of its own needs. Discussion ensued about block wall lists, expenses, sidewalks, etc., and the alternative of City-wide bonds_ Councilmember Carchio and Chair Falzon discussed readjusting short-term plans in order to realize long-term objectives, given the State's current financial situation. Councilmember Carchio discussed the success of property owners' downtown pooling their money to rehabilitate alleyways. Mayor Bohr and Chair Falzon discussed Chair Falzon's history with the Board. Mayor Bohr offered his impression of disconnectivity between the staff, City Council, and the Board, and his perception of the Board's lack of a significant work product. Board Member Jones expressed offense and discussed the Board's politically unpopular recommendation on prevailing wage that he felt was reported incorrectly by staff, and not appreciated by Council. Chair Falzon discussed the value of long-range planning, even without much output in terms of quantity, and how the Board delayed publishing a long-range financial plan in order to complete work on the City's Strategic Plan first. Councilmember Dwyer discussed the difficulties experienced by Council when addressing politically sensitive issues. Board Member Jones expressed concerns with staff not backing the numbers they provided to support the Board's recommendation. Councilmember Hansen Council/Redevelopment Agency Minutes February 2, 2009 Page 3 of 15 reminded the Board that a different Council, with different dynamics, now exists. Board Member LoGrasso and Mayor Bohr voiced differences of opinion relating to asking citizens for assistance to improve their neighborhood, versus asking labor unions to discontinue prevailing wage. RECESS TO CLOSED SESSION A motion was made by Coerper, second Bohr to recess to Closed Session. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None CLOSED SESSION Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Conger v. City of Huntington Beach, Orange County Superior Court Case No. 30-2008 00109410. In this case, Plaintiff. Robert Conger seeks a declaration from the court that the City is wrongfully conditioning its consent to his requested assignment of his lease with the City of space in Ocean View Mobile Home Park. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Barbara L. Agee, et al. v. City of Huntington Beach, et al.; Orange County Superior Court Case No. 06CCO0125. This suit concerns the affordability covenant for the Cape Ann subdivision located near the intersection of Main Street and Promenade. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuits: City of Huntington Beach v. Hayes, et al., Superior Court Case No. 30-2008-00073768; City of Huntington Beach v. Peerenboom, Superior Court Case No. 30-2008-00219744; City of Huntington Beach v. Larralde, et al., Superior Court Case No. 30-2008-00037286; and multiple potential lawsuits. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Parks Legal Defense Fund, et al. v. City of Huntington Beach, et al; Orange County Superior Court Case No_ 30-2008 00051261. A public interest advocacy organization alleges the City did not comply with CEQA, City Charter Section 612 and the City's General Plan and is misusing park -in -lieu fees in approving the Senior Center, located along Golden West Avenue adjacent to the Shipley Nature Center. Pursuant to Government Code Section 54956.9(b)(3)(A), the City Council recessed to Closed Session to confer with its attorney regarding pending litigation. Facts and circumstances that might result in litigation against the local agency but which the local agency believes are not yet known to a potential plaintiff or plaintiffs, which facts and circumstances need not be disclosed. Number of Potential Cases: Unknown at this time. Subject: Potential Litigation re Utility User Tax. Pursuant to Government Code Section 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators: Paul Emery, Deputy City Administrator; Michele Council/Redevelopment Agency Minutes February 2, 2009 Page 4 of 15 Carr, Director of Human Resources; Jim Engle, Director of Community Services; and (Kyle Lindo, Marine Safety Division Chief, regarding labor negotiations with SCLEA. Pursuant to Government Code Section 54956.8, the City Council recessed into Closed Session to give instructions concerning price and terms of payment to the City's Negotiators, City Administrator Fred Wilson and Deputy City Administrator Bob Hall, regarding negotiations with the Huntington Beach City School District for the purchase or exchange of up to 10.12 acres of real property located at 20451 Craimer Lane in Huntington Beach and the purchase, sale or exchange of APN 114-150-94 in the City of Huntington Beach_ RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING Mayor Bohr reconvened the regular meeting of the City Council/Redevelopment Agency at 6:01 p.m. CLOSED SESSION REPORT BY CITY ATTORNEY - None. ROLL CALL Present: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen Absent: None PLEDGE OF ALLEGIANCE - Led by Cub Scout Den 2, Pack 101. INVOCATION - Led by Reverend Peggy Price, Huntington Beach Interfaith Council. ANNOUNCEMENT OF LATE COMMUNICATION Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced the following late communication received by her office following distribution of the City Council agenda packet. - Communication submitted by Steve Stafford, dated January 30, 2009 and untitled regarding Agenda Item No. 2 - Zoning Text Amendment No. 08-003. AWARDS AND PRESENTATIONS SPECIAL ANNOUNCEMENT: Mayor Bohr announced the month of February as African American History month. The month was first honored as part of the nation's bicentennial celebration in 1976 by President Ford. The City Council recognizes the contributions of African Americans as part of the City's Human Relations Task Force Federal Heritage Month program. SPECIAL ANNOUNCEMENT: Mayor Bohr announced the February 17th Ceremony at Pier Plaza at 6:00 pm. The Ceremony will commemorate the City's 100th year of incorporation and dedicate the time capsule that will be buried at the end of this year. PRESENTATION: Mayor Bohr called on Municipal Employees Association representative John Von Holle to present a check to Project Outreach. John Von Holle was joined by Ellen Shiro with Project Outreach, a part of the Huntington Beach Union High School District, to accept gift certificate donations totaling $1400 provided on behalf Council/Redevelopment Agency Minutes February 2, 2009 Page 5 of 15 of the Municipal Employees Association (MEA). Ms. Shiro discussed the purpose of Project Outreach in providing assistance to local families and students in need. PRESENTATION: Mayor Bohr called on Huntington Beach Firefighters' Association Committee Liaison Clint King to present a check to the Project Self Sufficiency Foundation. Firefighter/Paramedic Clint King and representatives from the Fire Firefighters' Association joined Mayor Bohr to present a check in the amount of $30,000 to the Project Self Sufficiency (PSS) Foundation. Firefighter/Paramedic King thanked local businesses, Fire Management, and the Seacliff Country Club for their support of the Great Balls of Fire Golf Event and introduced committee members Winthrop Logemann, Dan Forster, Marty Ortiz, Don Boland, Eric Forshay, Diane Shelton, and Shelly Logemann. He also introduced Michele Hart who accepted the check on behalf of the PSS Foundation and introduced Ann Casady, Ellen Nialis, Cindy Ford, Giovana Cortez and Christina Cross. MAYOR'S AWARD: Mayor Bohr called on Planning Director Scott Hess to present the Mayor's Award to Associate Planner Jennifer Villasenor. Director of Planning Scott Hess was joined by Associate Planner Jennifer Villasenor, the Mayor's Award recipient. Director Hess described Jennifer's employment history, exceptional work product, outstanding customer service skills, and her great attitude_ He discussed her scholastic achievements in environmental analysis and design from California State University at Irvine, her work on the City's Housing Element and Senior Center projects, and gave thanks for her service and dependability. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING - None. PUBLIC COMMENTS Chuck Scheid, Huntington Beach resident, voiced concerns about a 50-foot section of electrical power being run above, rather than below ground on a local cul-de-sac near Beach Boulevard, just south of Indianapolis. He requested that the City investigate extending the existing trenches by approximately 50 feet to be consistent. He discussed Southern California Edison (SCE) involvement, and urged action before street resurfacing in that area occurs. Councilmember Dwyer reiterated the City's dedication to undergrounding, but explained issues related to utility monopoly and asked Travis Hopkins to respond to Mr. Scheid's request. Travis Hopkins, Director of Public Works, described Rule 28 fund restrictions that affect the location in question, and indicated that the City is working with SCE to see if the situation can be modified. Bryan Starr, Building Industry Association of Orange County (BIA), spoke to Council on Agenda Item No. 13. He thanked City staff for working with them to consider a plan to stimulate local housing, and described the BIA's request for the City to collect development impact fees at the time the Certificate of Occupancy (COO) is issued. He discussed the significant output of fees, especially on larger developments, that cause serious cash flow issues for developers. He stated the plan will allow for a stimulus that creates jobs, and suggested that Council consider deferral of development impact fees on all residential construction, not the lighter Council/Redevelopment Agency Minutes February 2, 2009 Page 6 of 15 recommendation of 25 units or less made by staff. He concluded by informing Council that the plan will also be considered by the Huntington Beach Union High School District and Orange County Sanitation in the near future. Teddi Alves, resident, spoke in opposition to neighborhood improvement districts and the proposed Inclusionary Housing Program: She voiced concerns about owners being unable to extract home equity, which she believes sets up homeowners for code violations that they can not afford to correct. Leslie Gilson, representing Norma Brandel Gibbs Butterfly Park, showed live caterpillars and butterflies to Council as examples of the success behind Council's decision to rehabilitate the deteriorated Butterfly Park. She also presented a list of activities that occurred since Council approved restoration of the park, and indicated that a cement mow strip and walkway near the Summerlane watershed area would complete the project. She thanked Public Works for their ongoing help with the Park. Councilmember Carchio and Ms. Gilson discussed mow strip/sidewalk associated costs of approximately $10,000. Mary Jane Cambria, President of the Orange Council Association of Realtors, thanked Council for their review of Ordinance No. 3817 relating to business license procedures, allowing specific exemptions from the business license tax for real estates agents, and authorizing staff to refund taxes and fees paid by real estate agents to the City in tax years 2006, 2007 and 2008. CITY ADMINISTRATOR'S REPORT - None. CITY TREASURER'S REPORT 1. (City Council) Reviewed and accepted Shari L. Freidenrich, City Treasurer's Investment Summary Report of City Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree Medical Trust Activity for December 2008. City Treasurer Freidenrich presented a PowerPoint entitled, "December Treasurer's Report." A motion was made by Coerper, second Green to review and accept the Monthly Investment Report. Following the review of the report by motion of Council, accept the Monthly Investment Report for December 2008, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None PUBLIC HEARING 2. (City Council) Public Hearing held to consider Zoning Text Amendment (ZTA) No. 08-003 amending Chapter 233 of the Huntington Beach Municipal Code (HBMC) to provide clarification regarding types and permitted placement of temporary signs; create consistency throughout the Chapter by revising various sections of the code for consistency with the General Plan, and increase the allowable square footage of menu boards; Approved for Introduction Ordinance Council/Redevelopment Agency Minutes February 2, 2009 Page 7 of 15 No. 3826 (Staff recommendation) without changes to the code related to Political Sign provisions or Human Signs without criteria. City Administrator Fred Wilson introduced Director of Planning Scott Hess who presented a PowerPoint entitled, "Zoning Text Amendment No. 08-003 - Amends Huntington Beach Zoning and Subdivision Ordinance Chapter 233 Signs." Director Hess explained that the request involves revising the sign code to provide consistency, both internally and with the General Plan, addressing temporary sign types and location, square footage for menu boards, signs exempt from the Code, aesthetics and traffic hazards. Director Hess discussed action by the Planning Commission relative to political signage, reducing the time allowed for political signs from 70 to 60 days prior to an election. He also identified two requirements for readerboard signs (single and multiple use), with a recommendation to require Design Review Board approval for both types, and the Planning Commission's recommendation to allow human signs. He informed Council that staff supports Design Review Board approval for both single and multiple -use readerboards, but does not concur with the Commission's recommendations related to political and human signs, requesting that if Council approves human signs, it provide staff time to research appropriate attire for human signs. Councilmember Dwyer disclosed his involvement with the item at the Planning Commission level, and provided in brief an explanation for the Commission's recommendation involving political signs. Mayor Pro Tern, Green questioned staff's opposition to reducing the time allowed for political signs. City Attorney Jennifer McGrath concurred with staff's recommendation and provided information from current court cases that support the code remaining as is. Mayor Pro Tern Green also questioned hazardous conditions (traffic, pedestrian) caused by allowing human signs. Director Hess discussed the element of distraction, and offered information related to open code enforcement cases to human signs operating on Beach Blvd. Mayor Bohr opened the public hearing. Pursuant to the Brown "Open Meetings" Act, City Clerk Flynn announced one late communication submitted by Steve Stafford, dated January 20, 2009 and untitled regarding Agenda Item No. 2 - Zoning Text Amendment No. 08-2003. With no one present to provide comments, the public hearing was closed. A motion was made by Carchio, but failed due to lack of a second to approve Zoning Text Amendment No. 08-003 with Findings for Approval, and approve for introduction Ordinance No. 3825, "An Ordinance of the City of Huntington Beach Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Signs." (Planning Commission Recommendation). A motion was made by Green, second Hardy to approve Zoning Text Amendment No. 08-003 with Findings for Approval, and approve for introduction Ordinance No. 3826, "An Ordinance of the City of Huntington Beach Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Signs_" (Staff Recommendation). Vote to follow. Councilmember Dwyer and Director Hess discussed how the City mandates 4 seconds as the shortest readerboard message span, consistent with Cal Trans regulations. Council/Redevelopment Agency Minutes February 2, 2009 Page 8 of 15 Councilmember Coerper clarified staff's opinion that the code remains unchanged in the areas of political signs and human signs. A substitute motion was made by Bohr, second Carchio to approve Zoning Text Amendment No. 08-003 with Findings for Approval, and approve for introduction Ordinance No. 3825, "An Ordinance of the City of Huntington Beach Amending Chapter 233 of the Huntington Beach Zoning and Subdivision Ordinance Relating to Signs." (Planning Commission Recommendation). Councilmember Hardy voiced concerns related to potential litigation if the political sign timeframe is reduced, and discussed her reasons for not supporting human signs that in her opinion cause blight. Councilmember Hansen voiced support for leaving the political sign timeframe as is. He also stated his opinion that human signs normally advertise significant discounts, or businesses that are closing, and do not provide an economic benefit. Councilmember Dwyer reminded Council that the last election had fewer candidates, which resulted in fewer political signs. Councilmember Coerper voiced support for keeping the political sign timeframe as is, and expressed opposition to allowing human signs. Mayor Bohr discussed his support for the Planning Commission's recommendation to reduce the political sign timeframe, and allow human signage. Mayor Pro Tern Green voiced concerns related to potential litigation if the political sign timeframe is reduced, and her opinion that human signs interfere with pedestrian traffic patterns. Councilmember Carchio reconsidered his support for reducing the political sign timeframe and allowing human signs, and withdrew his second to Mayor Bohr's substitute motion. With no second, Mayor Bohr's substitute motion failed. The original motion made by Green, seconded by Hardy, carried by the following roll call vote: AYES: Carchio, Green, Coerper, Hardy, and Hansen NOES: Dwyer, and Bohr FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 08-003 Zoning Text Amendment No. 08-003 amends Chapter 233 Signs to eliminate content based signage for temporary signs, provide a clean-up in language and consistency throughout the ordinance, and increase the allowable square footage of a menu board in a manner consistent with the goals, policies and objectives specified in the General Plan. The amendment controls the proliferation of visual clutter addressing signage both on and off - site through concise regulatory language. Council/Redevelopment Agency Minutes February 2, 2009 Page 9 of 15 2. In the case of the general land use provisions, the amendments proposed are compatible with the uses authorized in, and the standards prescribed for the Zoning districts for which they are proposed. The amendment to Chapter 233 Signs affects the sign regulations for various zoning districts; including residential and commercial. The changes do not affect zoning of any property by altering allowed land use or the development standards thereof. Therefore, the changes do not affect the compatibility of uses allowed and established by the General Plan and Zoning designations. 3. A community need is demonstrated for the proposed amendment to ensure a sign code that is supported by case law and is protective of the City's goals for enhancing the visual image of the city. The request to increase the allowable square footage of menu boards from ten (10) square feet to 32 square feet is in response to the need of the business community for larger menu boards. 4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice because the General Plan, Urban Design Element goals, objectives and policies indicated the desire to protect the aesthetic appearance of the City and reduce a weak visual image. The adoption of this amended ordinance will ensure the development of elements that create continuity in signage and create distinctive districts through a common design theme and a coherent citywide image. CONSENT CALENDAR Mayor Pro Tern Green requested to pull Items 3 and 7 for discussion. Councilmember Coerper requested to pull Items 4 and 8 for discussion_ 3. (City Council) Adopted Resolution No. 2009-06 finding and declaring weeds and rubbish on specific properties to be a public nuisance and fixing the City Council meeting of May 4, 2009 as the Administrative Public Hearing date for protests and objections to the abatement thereof., Mayor Pro Tern Green questioned the location and maintenance responsibilities for the 54 properties (encyclopedia lots) on Quarterhorse. Director Hopkins discussed the City's efforts.to notify encyclopedia lot owners of scheduled weed abatement, and the minimal costs associated with said abatement or the ability for property owners to clear the weeds themselves. Councilmember Coerper voiced concerns with the City declaring weeds on private property as a nuisance, and not taking action to maintain overgrown areas on the Senior Center site in Central Park. Director Hopkins explained annual scheduling of nuisance abatement, and stated the Senior Center site will be taken care of at that time. Mayor Bohr indicated that he would abstain from the vote because he resides in close proximity to the affected areas. A motion was made by Coerper, second Green to adopt Resolution No. 2009-06, "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City, and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof." The motion carried by the following roll call vote: Council/Redevelopment Agency Minutes February 2, 2009 Page 10 of 15 AYES: Carchio, Dwyer, Green, Coerper, Hardy, and Hansen NOES: None ABSTAIN: Bohr 4. (City Council) Approved Amendment No. 3 to the Lease Agreement between the City and Alice Gustafson, dba Alice's Breakfast in the Park in Huntington Central Park, for a final two year term expiring September 15, 2010. Councilmember Coerper questioned who will monitor repairs and termite remediation on the City property leased by Alice Gustafson. Director of Economic Development Stanley Smalewitz stated Community Services will be responsible to monitor relative activity and notify Economic Development if any type of action is necessary. A motion was made by Coerper, second Green to Authorize the Mayor and City Clerk to approve and execute the "Amendment No. 3 to Lease Agreement between the City of Huntington Beach and Alice Gustafson." The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 5. (City Council) Approved and authorized the Police Chief to execute a license agreement with the Seal Beach Naval Weapons Station allowing the Huntington Beach Police Department to utilize their small arms firing range. A motion was made by Coerper, second Green to authorize the Police Chief and Mayor to execute the "License for Nonfederal Use of Real Property" agreement with the Naval Weapons Station in Seal Beach. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 6_ (City Council) Authorized the Mayor and City Clerk to execute a Letter of Agreement with Automotive Marketing Consultants, Inc. (AMCI) allowing the Huntington Beach Police Department (HBPD) to use El Toro Field for mandated drivers' training to comply with California Peace Officers Standards and Training (POST) guidelines. A motion was made by Coerper, second Green to authorize the Mayor and City Clerk to execute the "Letter of Agreement for El Toro Field" in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 7. (City Council) Approved and authorized the City Administrator to execute the Memorandum of Understanding (MOU) between the County of Orange and participants authorizing use of a Countywide Public Mass Notification System (AlertOC) for emergency events through June 30, 2.012. Mayor Pro Tern Green questioned how the emergency notification system will contact residents without land line telephones. Police Chief Ken Small described a self -registration portal on the Council/Redevelopment Agency Minutes February 2, 2009 Page 11 of 15 City's website, and the different avenues of public education that will be used to distribute information. A motion was made by Green, second Coerper to approve the WOU Between the County of Orange and Participants for Use of Countywide Mass Notification System" for the period February 2, 2009 to June 30, 2012, authorizing the City to utilize the County's Mass Notification System; and, authorize the City Administrator to execute the agreement on behalf of the City. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 8. (City Council) Adopted Resolution No. 2009-07 adopting an amended Uniform Bail Schedule for parking violations. Councilmember Coerper voiced concerns about the City's cost to modify existing signage and citations to reflect the new parking citation fine increased by $3.00. Chief Small explained that very few signs in the City have the citation fine figure identified, and he is recommending new signs not publish an amount. As for citations, Chief Small indicated that the new figure will be programmed into a machine that prints citations. Councilmember Coerper asked the City Attorney when the new fine would go into effect. City Attorney McGrath explained that adopted resolutions take effect immediately. A motion was made by Coerper, second Green to adopt Resolution No. 2009-07, "A Resolution of the City Council of the City of Huntington Beach, California, Adopting an Amended Uniform Bail Schedule for Parking Violations." The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 9. (City Council) Adopted Resolution No. 2009-08 declaring the City's support for an Energy Partnership between Southern California Edison (SCE) and the City of Huntington Beach; and, approve and authorized the Mayor and City Administrator to execute the agreement to Jointly Deliver the 2006-2008 Orange County Cities Energy Efficiency Partnership Program as part of the Local Government Energy Action Resources (LGEAR) partnership_ A motion was made by Coerper, second Green to adopt Resolution No. 2009-08, "A Resolution of the City Council of the City of Huntington Beach, California, Declaring the City's Support for an Energy Partnership Between Southern California Edison and the City of Huntington Beach;" and, Approve and authorize the Mayor and City Administrator to execute "Agreement to Jointly Deliver the 2006-2008 Orange County Cities Energy Efficiency Partnership Program (as extended into 2009, pending Commission Decision on 2009-11 Program) Between the City of Huntington Beach, California and Southern California Edison Company." The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None Council/Redevelopment Agency Minutes February 2, 2009 Page 12 of 15 10. (City Council) Approved Amendment No. 1 to Employment Agreement between the City of Huntington Beach and Stephanie Beverage as Director of Library Services, correcting a clerical error in Section 4. A motion was made by Coerper, second Green to approve "Amendment No. 1 to Employment Agreement Between the City of Huntington Beach and Stephanie Beverage" as Director of Library Services. The motion carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None ORDINANCES FOR INTRODUCTION 11. (City Council) Approved for Introduction Ordinance No. 3817 amending Chapter 5.08 of the Huntington Beach Municipal Code (HBMC) relating to Business License Procedures by allowing specific exemptions from the Business License Tax for Real Estate Sales Agents; and, authorized staff to refund taxes and fees paid by Real Estate Agents to the City in Tax Year 2006, 2007, and 2008. Continued from the December 15, 2008 and January 5, 2009 Council meetings. A motion was made by Hansen, second Green to after City Clerk reads by title, approve for introduction Ordinance No. 3817, "An Ordinance of the City of Huntington Beach Amending Chapter 5.08 of the Huntington Beach Municipal Code Relating to Licensing Procedures;" and, approve and authorize staff to refund taxes and fees paid by real estate agents to the City in tax year 2006, 2007, and 2008. Vote to follow. Councilmember Coerper and the City Attorney discussed a real estate agents exemption from the business license fee if they have a relationship with a licensed broker who pays the fee on their behalf. Councilmember Coerper voiced concerns about the identified loss of $22,000. Deputy City Treasurer Jim Slobojan explained that figure represents what real estate agents will be refunded for taxes and fees collected by the City. Discussion ensued on workers' compensation insurance, and the potential of excluding brokers who are not officed in the City of Huntington Beach. City Attorney McGrath clarified that the City is proceeding with the ordinance presented to Council in study session, and how the request provides an exemption for agents properly associated with a broker. Councilmember Carchio asked when refunds will be issued. Deputy Treasurer Slobojan stated as soon as possible. Discussion ensued on whether the request will solicit brokers for license fees not collected in 2006, 2007 and 2008_ Councilmember Hansen explained that the request was driven by tax record information, and his opinion that the majority of brokers who operate offices in Huntington Beach have business licenses. He stated he would not support collecting past fees, and his understanding that only the broker can complete the transaction, and that agents cannot act independently without the business license certification of the broker. Discussion ensued on the number of agents who will receive a refund. Councilmember Carchio explained his reasons for requesting clarification of the City's intent to collect past fees unpaid Council/Redevelopment Agency Minutes February 2, 2009 Page 13 of 15 by brokers before voting on the ordinance as presented. The original motion by Hansen, seconded by Green carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 12_ (City Council) Approved for Introduction Ordinance No. 3823 amending Chapter 10.44 of the Huntington Beach Municipal Code (HBMC) relating to parking oversized vehicles. A motion was made by Hansen, second Carchio to after City Clerk reads by title, approve for introduction Ordinance No. 3823, "An Ordinance of the City of Huntington Beach Amending Chapter 10.44 of the Huntington Beach Municipal Code Relating to Parking Oversized Vehicles." Vote to follow. Mayor Pro Tern Green and Police Chief Small discussed citing oversized vehicles. Chief Small explained that relevant vehicle combinations might include a truck and trailer, how it is illegal to park oversized vehicles in residential neighborhoods, and that attachments are not considered a vehicular extension. He stated the ordinance clarifies that the term "oversized vehicle" relates to vehicles and attachments together. Councilmember Dwyer expressed his opinion that the ordinance was overreaching. Discussion ensued on truck/trailer combinations sitting outside residential houses, and Chief Small explained that the requested change only relates to those who own utility vehicles and wish to park them on residential streets. The motion by Hansen, seconded by Carchio, carried by the following roll call vote: AYES: Carchio, Dwyer, Green, Bohr, Coerper, Hardy, and Hansen NOES: None 13. (City Council) Continued Introduction of Ordinance No. 3824 to a date uncertain, as amended to temporarily supersede certain City municipal and zoning code provisions relating to the required time of payment of specific Development Impact Fees (DIF) on residential development projects in order to help stimulate the local building economy, as requested by the Building Industry Association of Orange County (BIAOC). A motion was made by Coerper, second Green to after the City Clerk reads by title, approve for introduction Ordinance No. 3824, "An Ordinance of the City of Huntington Beach Temporarily Superseding Certain City Municipal and Zoning Code Provisions Relating to the Required Time of Payment of Specific Development Impact Fees_" A substitute motion was later made which overrode this motion_ Councilmember Hansen questioned staff's recommendation to limit temporary deferral of development impact fees to projects with 25 units or less. Deputy City Administrator Bob Hall explained how the City doesn't have much open property left for large projects, and waiving fees on existing projects would not create a stimulus_ He also indicated that larger projects have opportunities to negotiate incentives through development agreements, owner participation agreements, or some other form of financing tool, suggesting that Council consider an Irrevocable Letter of Trust, credit or bond as possibilities for appropriate funding. Director Smalewitz discussed why providing an incentive to expedite smaller projects not Council/Redevelopment Agency Minutes February 2, 2009 Page 14 of 15 involved in negotiations makes sense, and reminded Council of large projects such as Red Oak and the Bella Terra II that are currently proceeding through the entitlement process. Councilmember Hansen asked Bryan Starr with the BIA to respond to staff's comments. Mr. Starr stated that the BIA would support projects of 25 units or more being required to submit an irrevocable letter of credit provided by the construction lender and/or a lien recorded against the property that would satisfy the City's concerns related to bankruptcy or transfer of property. He also stated support for providing a stimulus to the large projects currently proceeding through the entitlement process because of slowing due to the current economy. Discussion ensued regarding the orientation of the proposal. A substitute motion was made by Hansen, second Bohr to direct staff to return with an amended ordinance that offers a Development Impact Fee (DIF) for all residential projects, and includes language that requires projects of 25 units or more to either submit a letter of credit from a construction lender, or a construction bond. Vote to follow_ Councilmember Carchio questioned not providing an incentive to larger projects when occupancy will not be allowed without payment being made before final inspections are made, and his opinion that the incentive apply to projects larger than 25 units. Councilmember Hardy discussed how the incentive will be delayed by continuing the ordinance, questioning if urgency exists for projects fewer than 25 units. Staff and the BIA agreed to proceed with the motion as presented_ Councilmember Dwyer and Director Hess discussed how the incentive will not affect Temporary Certificates of Occupancy (TCOs). The substitute motion by Hansen, seconded by Bohr, carried by the following roll call vote: AYES: Carchio, Dwyer, Bohr, Coerper, Hardy, and Hansen NOES: None ABSTAIN: Green COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Coerper discussed attending the Joint Reserve Intelligence Center Grand Opening Ceremony on January 29, 2009 in Los Alamitos, and announced his involvement in the Pacific Shoreline Marathon event. Councilmember Green thanked the Centennial Committee for the Centennial Ball held on January 31, 2009, specifically Mary Lou Shattuck_ Councilmember Dwyer provided condolences to Linda Wine, Secretary to the Planning Commission, who recently lost her mother, and spoke of his attendance. at the Fire Department's Centennial Badge Pinning Ceremony on January 29, 2009_ Councilmember Carchio thanked Laurie Payne for her work on the Centennial Ball, and also thanked Amy Tomchak and Celeste Hamill for their work on the Surf City USA Marathon. Council/Redevelopment Agency Minutes February 2, 2009 Page 15 of 15 Mayor Bahr gave special thanks to Mary Lou Shattuck and the Centennial Committee for. the Centennial Ball, and the title sponsor Robert Mayor Corporation. He thanked individuals involved in the Surf City USA Marathon and recognized the Huntington Beach woman who finished first, and will be recognized by Council at a later date. ADJOURNMENT Council/Agency adjourned to a Special Meeting on Tuesday, February 3, 2009, at 5:30 PM in the Council Chambers, Civic Center, 2000 Main Street, Huntington Beach, California. The next regularly scheduled meeting will be Tuesday, February 17, 2009, at 4:00 PM which will be a Centennial ceremonial event at the Veteran's Memorial at City Hall, Civic Center, 2000 Main Street, Huntington Beach, California. Cit r lerk`and= ex=officio CIt' ci the City Council of the City'6i""-ti:mtir?,gtb Beach and Clerk -of the Rede-yelopmerii Agency of the City, of Huntingtor 3eactt, California City Clerk -Clerk Mayor -Chair