4:00 PM - ROOM B-8

CALL TO ORDER

ROLL CALL

Hansen, Hardy, Bohr, Cook, Green, Coerper, Carchio

ANNOUNCEMENT OF LATE COMMUNICATION

PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit)

STUDY SESSION

(City Council/Redevelopment Agency) – Interim City Administrator and Finance Director to present an overview of the Interim City Administrator’s recommended Proposed Fiscal Year 2008/09 Budget.

RECESS TO CLOSED SESSION

CLOSED SESSION

(City Council)  – Pursuant to Government Code Section 54956.8, the City Council shall recess to Closed Session to give instructions concerning price and terms of payment to the City's Negotiator, 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.

(City Council) – Pursuant to Government Code Section 54957.6, the City Council shall recess to Closed Session to meet with its designated labor negotiators:  Paul Emery, Interim City Administrator; Bob Hall, Deputy City Administrator; Michele Carr, Director of Human Resources; Dan Villella, Director of Finance; and Duane Olson, Fire Chief regarding Labor Negotiations with FMA.

(City Council) – Pursuant to Government Code Section 54957, the City Council shall recess to Closed Session to discuss the following personnel matter:  Recruitment of City Administrator.

(City Council) – Pursuant to Government Code Section 54956.9, the City Council shall recess to Closed Session to confer with the City Attorney regarding the following lawsuit:  David Boucher v. City of Huntington Beach; WCAB Case Nos. AHM 0129862 and AHM 0129863; Claim Nos. COHB 00-0065 and COHB 99-0033.

6:00 PM – COUNCIL CHAMBERS

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING

CLOSED SESSION REPORT BY CITY ATTORNEY

ROLL CALL

Hansen, Hardy, Bohr, Cook, Green, Coerper, Carchio

PLEDGE OF ALLEGIANCE - To be announced by Mayor Cook

INVOCATION - To be announced by Mayor Cook

In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.

ANNOUNCEMENT OF LATE COMMUNICATION

AWARDS AND PRESENTATIONS

Presentation – Mayor Cook to call on Ron McLin and Erika Reardon from the Huntington Beach Restaurant Association to present checks to Mary-Pat Gonzalez  from the Friends of the Children’s Library and Michele Hart and Janeen Laudenback from Project Self-Sufficiency as a result of the Taste of Huntington Beach Fundraiser.

Presentation – Mayor Cook to call on Kay Goddard, President of the Friends of Shipley Nature Center along with member Juana Mueller to present the Annual Report from the Friends of Shipley Nature Center.

PUBLIC COMMENTS (3 Minute Time Limit)

COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING

CITY ADMINISTRATOR'S REPORT

CITY TREASURER'S REPORT

C-3a

(City Council) Review and Accept Shari L. Freidenrich, City Treasurer’s June 2008 Investment Summary Report Entitled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree Medical Trust Activity for June 2008.

Recommended Action:

Review and accept the Monthly Investment Report.  Following review of the report, by motion of Council, accept the Monthly Investment Report entitled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, Deferred Compensation, and Retiree Medical Trust Activity for June 2008, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.

PUBLIC HEARING

D-1

(City Council)  Public Hearing to Adopt Resolution No. 2008-43 Adjusting the Affordable Housing In-Lieu Fee for New Residential Projects Consisting of Three to Nine Units as Authorized by Zoning and Subdivision Ordinance 3687 Section 230.26.

Recommended Action:

Adopt Resolution No. 2008-43, “A Resolution of the City Council of the City of Huntington Beach Adjusting the Affordable Housing In-Lieu Fee as Authorized by Zoning and Subdivision Ordinance 3687 Section 230.26.”

D-2

(City Council)  Public Hearing to Consider Approval of the 2008-09 Housing and Urban Development (HUD) Action Plan for the Community Development Block Grant (CDBG) and HOME Investment Partnership Program (HOME) as Proposed by Staff and the Citizens Participation Advisory Board (CPAB); Authorize the City Administrator to Sign for Federal Assistance of $1,364,291 in CDBG and $747,206 in HOME Funds for the 2008/09 Grant Year; Reallocate $5,000 of Unprogrammed CDBG Funds to Project Self-Sufficiency (PSS); and, Approve a Minor Amendment to the Citizen Participation Plan.

Recommended Action:

a)

Approve the Fiscal Year 2008/09 Action Plan for the CDBG Program and the HOME Program and authorize the City Administrator to sign the application for federal assistance for $1,364,291 in CDBG and $747,206 in HOME for the 2008/09 grant year and reallocate $5,000 of Unprogrammed CDBG funds to Project Self-Sufficiency for 2008/09.

b)

Authorize the text amendment to the Citizen Participation Plan.

CONSENT CALENDAR

E-1

(City Council/Redevelopment Agency)  Approve Minutes

Recommended Action:

a)

Approve amendment to the Minutes of April 21, 2008, with strikethrough language to be deleted from the Public Comments section, Page 6 of 18, as approved by the City Council on May 5, 2008.

b)

Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meeting of July 21, 2008 as written and on file in the Office of the City Clerk.

E-2

(City Council)  Approve the Appointment of Catherine McGough to the Community Services Commission for a First Term of July 1, 2008 Through June 30, 2012 as Recommended by Council Liaisons Councilmembers Joe Carchio, Cathy Green and Don Hansen.

Recommended Action:

Appoint Catherine McGough as a school board representative for Huntington Beach City School District for a first term.  The term will be from July 1, 2008 through June 30, 2012.    

E-3

(City Council)  Approve the Appointment of Kathie Schey to the Historic Resources Board for a Partial Term to Expire June 30, 2009 to Fill the Term of Orville Hanson as Recommended by Council Liaisons Councilmembers Joe Carchio, and Jill Hardy.

Recommended Action:

Approve the appointment of Kathie Schey for a term to expire June 30, 2009 to fill the term of Orville Hanson as recommended by Council liaisons Carchio and Hardy. 

E-4

(City Council)  Approve the Appointment of Greg Marrero to the Allied Arts Board for a Partial Term to Expire June 30, 2009 to Fill the Term of Elaine Keely as Recommended by Council Liaisons Mayor Debbie Cook and Councilmembers Cathy Green and Don Hansen.

Recommended Action:

Approve the appointment of Greg Marrero for a partial term to expire June 30, 2009 to replace the resignation of Elaine Keely, who completed her first term on June 30, 2007, as recommended by Council liaisons Cook, Green and Hansen. 

E-5

(City Council)  Approve Release of the Faithful Performance Bond Provided as Security by Tuscany Development, Inc./Kelter Homes, Developer of Tract 16740, Located at 19150 Gothard Street, East Side of Gothard Street, South of Garfield Avenue; Accept Guarantee and Warranty Bond; and, Authorize Recordation of Notice of Acceptance of Public Improvements.

Recommended Action:

a)

Accept the improvements construction and dedicated for public use with Tract 16740;

b)

Accept Guarantee and Warranty Bond No. 863980S; the security furnished for guarantee and warranty of improvements, and instruct the City Clerk to file the bond with the City Treasurer;

c)

Release the Faithful Performance Bond No. 863980S, Labor and Material Bond No. 863980S and Monument Bond No. 863981S (monument bond number change revision included) pursuant to the California Government Code Section No. 66499.7(a);

d)

Instruct the City Clerk to notify Tuscany Development, Inc. a California Corporation, the subdivider of Tract No. 16740, of this action, and the City Treasurer to notify InscoDico Group Insurance Company, of this action; and

e)

Instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder.

E-6

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $437,000.50 to GMC Engineering, Inc. for the Magnolia Street Sidewalk Project, CC-1228 and Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney.

Recommended Action:

a)

Approve the project plans and specifications for the Magnolia Street Sidewalk Project, CC-1228;

b)

Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc., in the amount of $437,000.50; and

c)

Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.

(City Council)  Approve Release of the Faithful Performance Bond, Labor and Material Bond and Monument Bond Provided as Security by Lowe’s HIW, Inc., Developer of the Lowe’s Home Improvement Warehouse, Located at 8175 Warner Avenue, Northeast Corner of Warner Avenue and “B” Street; Accept Guarantee and Warranty Bond; and, Authorize Recordation of Notice of Acceptance of Public Improvements.

Recommended Action:

a)

Accept the improvements constructed for public use per Conditional Use Permit 00-31 and offsite improvement plans for the project;

b)

Release the following:  a) Faithful Performance Bond No. 104 313 421, b) Labor and Material Bond No. 104 313 421, and c) Monument Bond No. 104 313 422;

c)

Instruct the City Clerk to notify the developer, Lowe’s HIW, Inc., of this action, and the City Treasurer to notify the surety, Travelers Casualty and Surety Company of America of this action; and

d)

Instruct the City Clerk to record the Acceptance of Public Improvements with the Orange County Recorder.

E-8

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $1,345,397 to Pascal and Ludwig Constructors for the Sewer Lift Station #26 and Force Main Replacement Project, CC-1297; Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney; and, Authorize the Director of Public Works to Approve up to Fifteen Percent (15%) in Construction Change Orders.

Recommended Action:

a)

Approve the project plans and specifications for the Lift Station #26 and Force Main Replacement Project, CC-1297;

b)

Accept the lowest responsive and responsible bid submitted by Pascal and Ludwig Constructors in the amount of $1,345,397;

c)

Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and

d)

Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders.

E-9

(City Council)  Adopt Resolution No. 2008-45 Approving a Side Letter to the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Police Management Association (PMA) Changing the Date Requiring a Bachelor’s Degree to be Eligible to Test for, and Promote to, the Position of Police Lieutenant From July 1, 2007 to July 1, 2010.

Recommended Action:

Adopt Resolution No. 2008-45, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Management Association, by Adopting the Side Letter of Agreement (Regarding Educational Requirement for Eligibility to Test for Police Lieutenant),” from July 1, 2007 to July 1, 2010.

E-10

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $45,911 to Steiny and Company, Inc., for the Street Lighting Modifications Along Pacific Coast Highway From 11th Street to Main Street, CC-1266; and, Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney.

Recommended Action:

a)

Approve the project plans and specifications for the Street Lighting Modifications along Pacific Coast Highway from 11th Street to Main Street (CC-1266);

b)

Accept the lowest responsive and responsible bid submitted by Steiny and Company, Inc., in the amount of $45,911; and

c)

Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.

E-11

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $226,900 to CSI Electrical Contractors, Inc., for the Traffic Signal Installations at the Intersection of Goldenwest Street and Rio Vista Drive (CC-1300) and at Adams Avenue and Ranger Lane (CC-1311); and, Authorize the Mayor and City Clerk to Execute Contract in a Form Approved by the City Attorney.

Recommended Action:

a)

Approve the project plans and specifications for the Traffic Signal Installations at the intersection of Goldenwest Street and Rio Vista Drive (CC-1300), and at Adams Avenue and Ranger Lane (CC-1311);

b)

Accept the lowest responsive and responsible bid submitted by CSI Electrical Contractors, Inc., in the amount of $226,900; and

c)

Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney.

E-12

(City Council)  Approve the Design and Location of a Sign Displaying the National Motto “In God We Trust” on the Wall of the City Council Chambers.

Recommended Action:

Approve the design and location of the national motto, “In God We Trust,” on the wall of the City Council Chambers behind the City Council dais and next to the flags.

E-13

(City Council)  Approve and Authorize the Chief of Police to Execute a One Year Grant Agreement With the State of California, Office of Traffic Safety (OTS) National Highway Traffic Safety Administration, In the Amount of $181,077 for a Driving Under the Influence (DUI) Enforcement and Awareness Program; Approve Appropriation, Establish a Separate Business Unit, and Authorize Expenditure of Same Amount Plus Any Accrued Interest.

Recommended Action:

a)

Approve and accept the one year Grant Agreement #AL0998 between the State of California-Office of Traffic Safety and the City of Huntington Beach and authorize the Chief or Police to execute the Agreement;

b)

Approve appropriations and estimated revenue in the amount of $181,077;

c)

Establish a separate business unit for this funding; and

d)

Authorize the Chief of Police to expend up to $181,077, plus any accrued interest on the DUI Enforcement and Awareness Program.

E-14

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute a Five Year License Agreement With Abercrombie and Fitch Company to Add Seven Additional Cameras (for a Total of Nine) Providing Live Video Feed to its Hollister Stores From the Huntington Beach Pier.

Recommended Action:

Approve the City Agreement with Abercrombie and Fitch Co. to provide live video feed to its stores from the Huntington Beach Pier and authorize the Mayor and City Clerk to execute said agreement.

E-15

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute Professional Services Contracts With: 1) TransSystems in an Amount Not to Exceed $3 Million Over a Five-Year Period,  2) Dudek in an Amount Not to Exceed $3 Million Over a Five-Year Period,  3) CivilSource in an Amount Not to Exceed $3 Million Over a Five-Year Period, and  4) IDS Group in an Amount Not to Exceed $3 Million Over a Five-Year Period for “As-Needed” Construction Management and Administrative Support Services.

Recommended Action:

a)

Approve the “Professional Services Contract Between the City of Huntington Beach and TransSystems for As-Needed Construction Management and Administrative Support Services,” for an amount not to exceed $3 million;

b)

Approve the “Professional Services Contract Between the City of Huntington Beach and Dudek for As-Needed Construction Management and Administrative Support Services,” for an amount not to exceed $3 million;

c)

Approve the “Professional Services Contract Between the City of Huntington Beach and CivilSource for As-Needed Construction Management and Administrative Support Services,” for an amount not to exceed $3 million; and

d)

Approve the “Professional Services Contract Between the City of Huntington Beach and IDS Group, Inc. for As-Needed Construction Management and Administrative Support Services,” for an amount not to exceed $3 million.

E-16

(City Council) Approve the Re-appointments David S. Barton and Jan P. Garner to the Personnel Commission, Each to Serve Second Terms Effective July 1, 2008 through June 30, 2012 as Recommended by Council Liaisons Mayor-Pro Tem Bohr and Councilmembers Hardy and Coerper.

E-17

(City Council) Adopt Resolution No. 2008-46 Designating Certain City Staff as Persons Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach.

E-18

(City Council) Adopt Resolution No. 2008-47 to Levy a Retirement Property Tax for Fiscal Year 2008/2009 to Pay for Pre-1978 Public Safety Employee Retirement Benefits.

E-19

(City Council) Approve the Appointment of Fred Wilson as City Administrator Effective September 22, 2008 and Execute a Personal Services Agreement.

Approve the appointment of Fred Wilson as City Administrator; and

b)

Authorize the Mayor and City Clerk to execute “Agreement for Personal Services – City Administrator,” between and City of Huntington Beach and Fred Wilson.

ADMINISTRATIVE ITEMS

F-1

(City Council) Approve a City Council Position on Legislation Pending Before the Federal, State, or Regional Governments as Recommended by the City Council Intergovernmental Relations Committee (IRC).

Recommended Action:

a)

OPPOSE HR 3121 (Waters) – Flood Plain:  Flood Insurance – As Amended May 13, 2008;

b)

SUPPORT AB 2466 with suggested amendments (Laird) – Public Utilities – Local government energy producers – As Amended June 12, 2008;

c)

OPPOSE AB 2716 (Laird) – Employment:  Sick Days – As Amended June 19, 2008;

d)

OPPOSE SB 1016 Unless Amended (Wiggins) – Diversion:  Compliance: per capita disposal rate – As Amended July 2, 2008; and

e)

SUPPORT SB 1146 (Cedillo) – Disclosure: Franchise Tax Board and Cities – As Amended July 2, 2008.

ORDINANCES FOR ADOPTION

G-1a

(City Council)  Adopt Ordinance No. 3808 Amending Huntington Beach Municipal Code (HBMC) Chapter 17.56 Regarding Fire Sprinkler and Construction Requirements.
(Approved for Introduction July 21, 2008)

Recommended Action:

Adopt Ordinance No. 3808, “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Relating to the Fire Code,” by roll call vote.

G-1b

(City Council)  Adopt Ordinance No. 3809 Amending the Huntington Beach Municipal Code (HBMC) Chapter 10.12 Relating to Speed Limits by Increasing the Speed Limit by Five Miles Per Hour on Four Street Segments and Decreasing the Speed Limit by Five Miles Per Hour on Nine Street Segments.
(Approved for Introduction as Amended on July 21, 2008)

Recommended Action:

After City Clerk reads by title, Adopt Ordinance No. 3809, “An Ordinance of the City of Huntington Beach Amending Chapter 10.12 of the Huntington Beach Municipal Code Relating to Speed Limits,” by roll call vote.

ORDINANCES FOR INTRODUCTION

G-2a

(City Council)  Approve for Introduction Ordinance No. 3810 Amending Chapter 14.18 of the Huntington Beach Municipal Code (HBMC) Relating to the Water Management Program; and, Adopt Resolution No. 2008-44 Adopting an Updated Water Management Program.

Recommended Action:

a)

After City Clerk reads by title, Approve Introduction of Ordinance No. 3810, “An Ordinance of the City of Huntington Beach Amending Chapter 14.18 of the Huntington Beach Municipal Code Relating to the Water Management Program,” by roll call vote; and

b)

Adopt Resolution No. 2008-44, “A Resolution of the City Council of the City of Huntington Beach Adopting the Water Management Program.”

G-2b

(City Council) Approve for Introduction Ordinance No. 3811 Deleting Chapter 2.06 of the Huntington Beach Municipal Code (HBMC) Relating to Campaign Documents.

Recommended Action:

After City Clerk reads by title, Approve Introduction of Ordinance No. 3811, “An Ordinance of the City of Huntington Beach Deleting Chapter 2.06 of the Huntington Beach Municipal Code, Relating to Campaign Documents, In Its Entirety,” by roll call vote.

CITY COUNCIL/REDEVELOPMENT AGENCY ITEMS

H-1a

(City Council) Submitted by Councilmember Carchio – Public Access Defibrillation Program.

COUNCILMEMBER COMMENTS (Not Agendized)

ADJOURNMENT