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City Council/Redevelopment Agency Agendas
MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council and Redevelopment Agency meetings. If you require, American Sign Language interpreters, a reader during the meeting, and/or large print agendas, to make arrangements, please call: Office of the City Clerk (714) 536-5227. To make arrangements for an assisted listening system (ALD) for the hearing impaired, please contact: the Sergeant at Arms (714) 536-5693 or the City Clerk (714) 536-5227.

AGENDA
CITY COUNCIL/REDEVELOPMENT AGENCY
CITY OF HUNTINGTON BEACH

Monday – December 17, 2007

5:00 P.M. – Council Chambers
6:00 P.M. - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648

4:00 P.M. - Room B-8
The City Clerk will recess the 4:00 P.M. portion of the Meeting to 5:00 P.M. due to an anticipated lack of quorum. Council will reconvene in the Council Chambers at that time.

Call City Council/Redevelopment Agency Meeting to Order

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

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Closed Session Portion of the Agenda
(1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s Office following distribution of the agenda packet.)

Public Comments Regarding Closed Session Agenda Items Only

Call Closed Session of City Council/Redevelopment Agency

Recommended Action: Motion to recess to Closed Session on the following items:

(City Council) Closed Session Pursuant to Government Code Section 54956.9, the City Council shall recess into Closed Session to confer with the City Attorney regarding the following potential lawsuit: In the matter of the Park In-Lieu Fees for Pacific City (Makar Properties, LLC). As a condition of approval of Tentative Tract Map No. 16338 (Pacific City), the subdivider is to pay a park in-lieu fee pursuant to Section 254.08 I of the Huntington Beach Zoning and Subdivision Code. Section 254.08 I sets the fee pursuant to a formula that relies upon the fair market value of the subdivided land. The property owner has disputed the City’s calculation of fair market value and requested arbitration of the disputed amount. Arbitration is the remedy to address such disputes, as provided at Section 254.08 I.

(City Council) Closed Session Pursuant to Government Code Section 54956.9, the City Council shall recess into Closed Session to confer with the City Attorney regarding the following potential lawsuit: Whether the City Attorney should be directed to file three lawsuits.

(City Council) Closed Session Pursuant to Government Code Section 54956.9, the City Council shall recess into Closed Session to confer with the City Attorney regarding the following potential lawsuit: Whether the City Attorney should be directed to file one lawsuit.

(City Council) Closed Session – Pursuant to Government Code Section 54957, the Council shall recess to Closed Session to discuss the following personnel matter: Discussion regarding contract for Chief of Police.

(City Council) Closed Session – Pursuant to Government Code Section 54957.6, the Council shall recess to Closed Session to meet with its designated labor negotiators: Penelope Culbreth-Graft, City Administrator; Bob Hall, Deputy City Administrator; Michele Carr, Director of Human Resources; Dan Villella, Finance Director; and Renee Mayne, Chief Negotiator, regarding labor negotiations with MEO, MEA, HBFA, HBPOA, and Non-Associated.


The City Council and the Redevelopment Agency of the City of Huntington Beach will regularly convene in joint session for the purpose of considering the following City Council-Redevelopment Agency Agenda Items. The Huntington Beach Parking Authority, Civic Improvement Corporation, and the Huntington Beach Public Financing Authority are also agencies on which Council serves as members. On each Agenda these Agencies may have items scheduled. When an Agenda Item requires action by any of these Agencies, it will show in parenthesis preceding the item, for example (City Council-Redevelopment Agency).

6:00 P.M. - Council Chambers

Reconvene City Council/Redevelopment Agency Meeting

The City Attorney Shall Determine If Any Actions Taken By The City Council or Redevelopment Agency In Closed Session Shall Require A Reporting On Those Actions As Required By Law (Government Code §54957.1(a) (3) (B)).

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

Pledge of Allegiance/Flag Salute – The be led by Girl Scout Troop 2169

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.

Invocation – To be announced by Mayor Cook

Hello and welcome to the Huntington Beach City Council meeting. If you would like to address the Council, please fill out the pink public comment sheet attached to the agenda. After completing the form, hand it to the Sergeant at Arms and he will give it to the City Clerk. As a courtesy to those in attendance, I would ask that cellphones and pagers be turned off or set in their silent mode. Thank you.

Pursuant to the Brown (Open Meetings) Act the City Clerk Announces Late Communications Received by Her Office Which Pertain to Items on the Agenda
(1) The Brown (Open Meetings) Act requires that copies of late communications submitted by City Councilmembers or City Departments are to be made available to the public at the City Council meeting. (2) Late communications submitted by members of the public are to be made available to the public at the City Clerk’s Office the morning after the Council meeting. (Late Communications are communications regarding agenda items that have been received by the City Clerk’s office following distribution of the agenda packet.)

Mayor’s Award – Mayor Cook to call on Public Works Director Travis Hopkins to present the Mayor’s Award to a worthy Public Works employee.

Presentations to Outgoing City Administrator Dr. Penelope Culbreth-Graft

B. PUBLIC COMMENTS

This is the time of the meeting for the Council to receive comments from the public regarding items of interest or agenda items OTHER than Public Hearings. Generally, Council will not enter into a dialogue during this period.

Pursuant to the Brown (Open Meeting) Act, the City Council may not discuss items unless they are on our agenda. So if you are speaking on an item not on the agenda, we cannot discuss the issue with you at this meeting. However, if you wish to meet with any of us please call the Council's Secretary at 714-536-5553. Thank you for taking the time to come to the council meeting to address the Council. Councilmembers strive to treat members of the public with respect, and we ask that you also express your concerns and opinions in a civil and respectful manner.

Each speaker is allowed 3 minutes and time may not be donated to others. No action can be taken by Council/Agency on this date unless the item is agendized.

Complete the attached pink form and give to the Sergeant at Arms (the Police Officer located near the speakers’ podium).

C-1. Council Committee/Appointments/Liaison Reports and All AB 1234
Disclosure Reporting

(This is the opportunity for Councilmembers to make announcements regarding Council committees, appointments or liaison reports and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the agency’s expense, per Government Code §53232.3 (d))

Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Administrator, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget on pages 321 through 325. The budget is available on the city’s website at www.surfcity-hb.org. Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.

C-1a. (City Council) Council Liaison Assignments – Communication from Mayor Debbie Cook: Attached for review and approval is the list of Council Liaison assignments for 2008.

Recommended Action: Approve the list of Council Liaison assignments as submitted.

C-2. City Administrator’s Report

C-3. City Treasurer’s Report

C-3a. (City Council) Review and Accept Shari L. Freidenrich, City Treasurer’s October 2007 Investment Summary Report Titled City of Huntington Beach Summary of City Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for October 2007

Communication from City Treasurer Shari L. Freidenrich transmitting the Monthly Investment Report and Summary of Investments for October 2007.

Recommended Action: Motion to: Review and accept the Monthly Investment Report. Following review of the report, by motion of Council, accept the Monthly Investment Report entitled Summary of Investment Portfolio, Bond Proceeds, and Deferred Compensation Activity for October 2007, pursuant to Section17.0 of the Investment Policy of the City of Huntington Beach.

PowerPoint presentation entitled October Treasurer’s Report is included in the agenda packet.

C-4. City Attorney’s Notice of Cross-Complaint Filed by the City of Huntington Beach for Recovery of Property Damages Caused by a Collision with a City Police Vehicle, City of Huntington Beach v. David James Godine, Orange County Superior Court Case No. 07WL07615.

The Mayor will Recess the City Council/Redevelopment Agency Regular Meeting and Convene the Huntington Beach Public Financing Authority Meeting.

(Public Financing Authority) Regular Meeting of the Huntington Beach Public Financing Authority

Call Annual Meeting of Huntington Beach Public Financing Authority to Order.

Roll Call: Hansen, Hardy, Bohr, Cook, Coerper, Green, Carchio

Election of Officers – Motion to: Elect Debbie Cook, Chair of the Huntington Beach Financing Authority; Keith Bohr, Vice-Chair of the Huntington Beach Financing Authority and Joan L. Flynn, Secretary of the Huntington Beach Public Financing Authority.

Approve Public Financing Authority Minutes – Motion to: Approve and adopt the minutes of the December 18, 2006 Annual Meeting of the Public Financing Authority as written and on file in the Office of the Secretary. Submitted by the Secretary.

Adjourn the Huntington Beach Public Financing Authority Meeting.

The Mayor Will Adjourn the Huntington Beach Public Financing Authority Meeting and Reconvene the City Council/Redevelopment Agency Regular Meeting.

D. PUBLIC HEARING

Anyone wishing to speak on an OPEN public hearing item is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speaker’s Podium.

D-1. (Redevelopment Agency) Public Hearing to Consider Approval of the Five Year Implementation Plan (2008 – 2012) for the Southeast Coastal Redevelopment Project to Comply with the California Redevelopment Law

Communication from the Deputy Executive Director transmitting the following

Statement of Issue:
The California Redevelopment Law (California Health and Safety Code, §33490) requires Redevelopment Agencies prepare and adopt Five-Year Implementation Plans. The Southeast Coastal Redevelopment Plan for the Southeast Coastal Project Area expires in 2007. The plan is submitted for public hearing and approval.

NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Huntington Beach (“Agency”) will hold a public hearing on Monday, December 17, 2007, at 6:00 p.m. or soon thereafter in the City Council Chambers located at 2000 Main Street, Huntington Beach, California, to adopt the Five Year Implementation Plan (2008-2012) for the Southeast Coastal Redevelopment Project Area. The purpose of the Implementation Plan is to identify the specific goals and objectives for the project area, describe the specific programs, including potential projects and estimated expenditures that would be made during the five years, and explain how these activities will eliminate blight.

ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. If you challenge the City Council/Agency’s action in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions, please call Ms. Doris Powell, Economic Development Department, at (714) 536-5457.

  1. Staff report
  2. City Council discussion
  3. Open public hearing
  4. Following public input, close public hearing

Recommended Action: Motion to:

Approve the Five-Year Implementation Plan (2007-08 to 2011-12) Southeast Coastal Redevelopment Project.


D-2. (Redevelopment Agency) Public Hearing on the Midterm Review of the Five Year Implementation Plan (2005 – 2009) for the Huntington Beach Merged Redevelopment Project Area to Comply with the California Redevelopment Law

Communication from the Deputy Executive Director transmitting the following

Statement of Issue:
The California Redevelopment Law (California Health and Safety Code, §33490 c) requires that the Redevelopment Agency hold a public hearing to evaluate the progress of its Five-Year Implementation Plan (2005-2009) for the Huntington Beach Merged Redevelopment Project Area.

NOTICE IS HEREBY GIVEN that the Redevelopment Agency of the City of Huntington Beach (“Agency”) will hold a public hearing on Monday, December 17, 2007 at 6:00 p.m. or soon thereafter in the City Council Chambers located at 2000 Main Street, Huntington Beach, California, to evaluate the progress of the Five Year Implementation Plan (2005-2009) for the Merged Project Area. The purpose of the Implementation Plan is to identify the specific goals and objectives for the project area, describe the specific programs, including potential projects and estimated expenditures that would be made during the five years, and explain how these activities will eliminate blight. This public hearing will provide a midterm review to evaluate the progress of the redevelopment plan and corresponding implementation plan.

ALL INTERESTED PERSONS are invited to attend said hearing and express opinions or submit to the City Clerk written evidence for or against the application as outlined above. If you challenge the City Council/Agency’s action in court, you may be limited to raising only those issues that you or someone else raised at the public hearing described in this notice or in written correspondence delivered to the City at, or prior to, the public hearing. If there are any further questions, please call Ms. Doris Powell, Huntington Beach Economic Development Agency, at (714) 536-5457.

  1. Staff report
  2. City Council discussion
  3. Open public hearing
  4. Following public input, close public hearing

Recommended Action: Motion to:

Approve the Midterm Review – Five Year Implementation Plan (2005-2009) Huntington Beach Merged Redevelopment Project.

D-3. (City Council/Redevelopment Agency) Public Hearing to Approve for Introduction Ordinance No. 3796 Amending the Redevelopment Plan by Extending the Plan Effectiveness Deadline, Payment of Indebtedness Deadline and Tax Increment Receipt Pursuant to SB 1096 for the Huntington Beach Redevelopment Project (Also Known as the Merged Project Area)

Communication from the Director of Economic Development/Deputy Executive Director transmitting the following

Statement of Issue:
As a component of the FY 2004-2005 State budget, the Legislature adopted SB 1096, which required every redevelopment agency to make a payment to the Educational Revenue Augmentation Fund (“ERAF”) for the 2004-05 and 2005-06 fiscal years. Under certain circumstances, agencies that paid are permitted to amend their plans to extend both the time limit on the effectiveness of the plan and the dates for debt repayment and receipt of tax increment. By adopting this ordinance, the Huntington Beach Redevelopment Plan is amended to extend these limitations.

NOTICE IS HEREBY GIVEN that the Huntington Beach City Council will hold a public hearing on Monday, December 17, 2007, at 6:00 p.m. or soon thereafter in the City Council Chambers located at 2000 Main Street, Huntington Beach, California, to approve an Ordinance for the Huntington Beach Redevelopment Project (Merged Project Area). The purpose of the Ordinance is to extend both the time limit on the effectiveness of the plan and the dates for debt repayment and receipt of tax increment provided for by SB 1096 as the Redevelopment Agency made payments to the Educational Revenue Augmentation Fund (“ERAF”) in fiscal years 2004-05 and 2005-06. If approved, the new dates shall be as follows:

Huntington Beach Project Sub-Areas:

Plan Effectiveness
(incl. SB1096)

Debt
Repayment
(incl. SB1096)

Yorktown Lake

9/20/2025

9/20/2035

Talbert-Beach

9/20/2025

9/20/2035

Original Main Pier

9/20/2025

9/20/2035

Oakview

11/1/2025

11/1/2035

Added Main Pier

9/6/2026

9/6/2036

Huntington Center

11/26/2027

11/26/2037

ALL INTERESTED PERSONS are invited to attend the hearing and express their opinions regarding the extension of these time limitations. Direct your written comments to the City Clerk prior to the date and time set for the hearing. For further information, call the Department of Economic Development at (714) 536-5224.

  1. Staff report
  2. City Council discussion
  3. Open public hearing
  4. Following public input, close public hearing

Recommended Action: Motion to:

Approve for Introduction Ordinance No. 3796, “An Ordinance of the City Council of the City of Huntington Beach, California, Amending the Redevelopment Plan for the Huntington Beach Project (or also known as Merged Project) Area Extending the Plan Effectiveness Deadline, Repayment of Indebtedness Deadline and Tax Increment Receipt Deadline Pursuant to SB 1096.”

ADMINISTRATIVE PUBLIC HEARING

D-4 is an Administrative Public Hearing and is required by Huntington Beach Municipal Code Section 1.18. ONLY affected property owners are entitled to speak at this administrative hearing. Anyone wishing to speak is requested to complete the attached pink form and give it to the Sergeant at Arms located near the Speaker's Podium. All other interested parties may speak during the regular Public Comments section of the agenda at the beginning of the meeting.

D-4. (City Council) Administrative Public Hearing to Consider Adoption of Resolution No. 2007-86 Approving Certification of Special Assessments for Collection of Delinquent Civil Fines for Municipal Code Violations (Lorbeer Enterprises)
Deferred from the November 5, 2007 City Council meeting

Communication from the City Attorney transmitting the following

Statement of Issue:
Should the City record notice of special assessments against private property for the value of unpaid civil fines, plus interest and penalties, pursuant to Ordinance No. 3397 adopted by City Council on June 15, 1998?

  1. Staff report
  2. City Council discussion
  3. Open public hearing
  4. Following input from affected property owners only, close administrative hearing (The general public may speak during Public Comments)

Recommended Action: Motion to:

Adopt Resolution No. 2007-86, “A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations.”

E. CONSENT CALENDAR

All matters listed on the Consent Calendar are considered by the City Council and Redevelopment Agency to be routine and will be enacted by one motion in the form listed.

Recommended Action: Approve all items on the Consent Calendar by affirmative roll call vote.

E-1. (City Council/Redevelopment Agency) Approve Minutes – Motion to: Approve and adopt the minutes of the City Council/Redevelopment Agency Special Meeting of 1217-E1November 30, 2007 and the City Council/Redevelopment Agency Regular Meeting of 1217-E1aDecember 3, 2007 as written and on file in the Office of the City Clerk. Submitted by the City Clerk.

E-2. (City Council) Approve the Historic Resources Board Appointments of Nuanna Robinson, Barbara Haynes and Randy Smith; the Reappointments of Arlene Howard, Diane Ryan, Roz Essner, Marilyn Harris, and Joe Santiago; and, Extend the Terms of Billie Kennedy and Debra Watkins as Recommended by Council Liaisons, Councilmember Carchio and Councilmember Hardy – Motion to: 1) Approve the appointment of Nuanna Robinson for a term to expire June 30, 2009 to fill the term expiration of Pauline Chavez-Bent as recommended by Council liaisons Carchio and Hardy; 2) Approve the re-appointment of Arlene Howard for a term to expire June 30, 2009 as recommended by Council liaisons Carchio and Hardy; 3) Extend the terms of Billie Kennedy and Debra Watkins from June 30, 2008 to June 30, 2009 in order to comply with the term durations specified in Chapter 2.100.080 of the City’s Municipal Code, Operating Policy for Boards and Commissions; 4) Approve the appointment of Barbara Haynes for a term to expire June 30, 2011 to fill the term expiration of Henry Goldman as recommended by Council liaisons Carchio and Hardy; 5) Approve the appointment of Randy Smith for a term to expire June 30, 2011 to fill the term expiration of Cindy Morgan as recommended by Council liaisons Carchio and Hardy; and, 6) Approve the re-appointments of Diane Ryan, Roz Essner, Marilyn Harris, and Joe Santiago with terms to expire June 30, 2011 as recommended by Council liaisons Councilmembers Carchio and Hardy. Submitted by the Director of Community Services. Funding Source: Not applicable.

E-3. (City Council) Approve the Allied Arts Board Appointment of Catherine Stip; the Re-Appointment of Anita Brace and Jeanette Mueller; and, Extend the Terms of Bob Daley, Starlyn Frischmuth, and Diana Lo Schiavo, as Recommended by Council Liaisons, Mayor Cook, and Councilmembers Hansen and Green – Motion to: 1) Approve the appointment of Catherine Stip to the Allied Arts Board for a term to expire June 30, 2011 to fill the term expiration of Evelyn Eng as recommended by Council liaisons Mayor Cook and Councilmembers Hansen and Green; 2) Approve the re-appointment of Anita Brace and Jeanette Mueller for a term to expire June 30, 2011 as recommended by Council liaisons Mayor Cook, and Councilmembers Hansen and Green; and, 3) Extend the term of Bob Daley from June 30, 2010 to June 30, 2011 and the terms of Starlyn Frischmuth and Diana Lo Schiavo from June 30, 2008 to June 30, 2009 in order to comply with the term durations specified in Chapter 2.100.080 of the City’s Municipal Code, Operating Policy for Boards and Commissions. Submitted by the Director of Community Services. Funding Source: Not applicable.

E-4. (City Council) Approve the Environmental Board Appointments of Sue Marquez and Michael Marshall for a First Term to Expire June 30, 2011 as Recommended by Council Liaisons, Mayor Cook and Mayor Pro Tem Bohr – Motion to: Approve the appointment to the Environmental Board of Sue Marquez and Michael Marshall for a first term to expire June 30, 2011 as recommended by Council liaisons Mayor Cook and Mayor Pro Tem Bohr. Submitted by the Director of Planning. Funding Source: Not applicable.

E-5. (City Council) Approve the Maddy Act Local Appointments List (Terms on City Boards, Committees, and Commissions Which Expire in 2008) Informing the Public of Openings and Vacancies Based on Expirations of Current Members’ Terms – Approve the Maddy Act Local Appointments List showing vacancies which will occur on City Boards and Commissions in the year 2008 and direct the City Clerk to post the list at the official posting locations (Civic Center, Huntington Central Library, Main Street Library.) Copies of the Maddy Act will also be posted at all branch Libraries, and on the City’s website. Submitted by the City Clerk. Funding Source: Not applicable.

E-6. (City Council) Adopt Resolution No. 2007-87 Approving a Side Letter of Agreement Pertaining to an Extension of the Term of Agreement, Additional Wage Increases, Educational Tuition, Health Benefits Cost Provisions, Retirement Benefits and Unit Modification to the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Management Employees’ Organization (MEO) – Adopt Resolution No. 2007-87 – “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Management Employees’ Organization (MEO), by Adopting the Side Letter of Agreement.” Submitted by the Director of Human Resources. Funding Source: No additional funding is required for Fiscal Year 2007/2008. Funding will be budgeted for successive fiscal years.

E-7. (City Council) Approve the Human Relations Task Force Appointment of
Michael Robinson and the Reappointments of Alan Chancellor, Chuck Goldenberg,
Karen Jackle, and Ken Inouye, as Recommended by Council Liaisons, Mayor Cook and Councilmembers Coerper and Green
– Motion to: 1) Approve the reappointments of Alan Chancellor, Chuck Goldenberg, Karen Jackle, and Ken Inouye to the Human Relations Task Force with terms to expire December 31, 2011 as recommended by Council liaisons, Mayor Cook and Councilmembers Green and Coerper; and, 2) Approve the appointment of Michael Robinson to fill the term vacancy of Tiffany Dekle with a term to expire December 31, 2011 as recommended by Council liaisons, Mayor Cook and Councilmembers Green and Coerper. Submitted by the Director of Community Services. Funding Source: Not applicable.

E-8. (City Council) Adopt Resolution No. 2007-88 Approving a Side Letter of Agreement Pertaining to Retirement Benefits Modification to the Memorandum of Understanding (MOU) Between the City and the Police Officers’ Association (POA) – Adopt Resolution No. 2007-88 – “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Police Officers’ Association (POA), by Adopting the Side Letter of Agreement.” Submitted by the Director of Human Resources. Funding Source: The cost to implement the retirement plan enhancement will be borne by the POA miscellaneous (non-safety) members.

E-9. (City Council) Approve Amendment No. 1 to the Professional Services Agreement in the Amount Not to Exceed $1,800,000, for a New Total Contract Amount of $3,800,000, Between the City of Huntington Beach and Richard Brady and Associates, Inc. to Extend the Term Agreement 3 Years, in Order to Complete Design Services for the Utility Yard Improvement Project – Motion to: Approve and authorize the Mayor and City Clerk to execute Amendment No. 1 to Agreement Between the City of Huntington Beach and Richard Brady and Associates, Inc. Submitted by the Director of Public Works. Funding Source: Funding is from the Water Fund Account No. 50687001 and the Sewer Service Fund Account No. 51185201.

E-10. (City Council) Approve and Authorize Execution by the Mayor and City Clerk of the Cooperative Agreement Between the County of Orange, the City of Huntington Beach, Signal Landmark (Hearthside Homes), and the Orange County Local Agency Formation Commission (LAFCO) Regarding Annexation of the Brightwater Development Project – Motion to: Approve and authorize execution by the Mayor and City Clerk of the Cooperative Agreement by and Among the County of Orange, The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency Formation Commission Regarding Annexation of Unincorporated Real Property Commonly Known as the Brightwater Development Project. Submitted by the Director of Planning. Funding Source: Not applicable.

E-11. (City Council) Adopt Resolution No. 2007-89 Approving the Non-Represented (Non-Associated) Employees Pay and Benefits Resolution Pertaining to the Modification of Wages, Health Benefit Costs and Retirement Benefits – Adopt Resolution No. 2007-89 – “A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees.” Submitted by the Director of Human Resources. Funding Source: Funding is contained in the current Fiscal Year 2007/2008 budget. The cost to implement the changes in Fiscal Year 2007-08 is $103,421. The cost to implement the changes in Fiscal Year 2008-09 is $106,523. Total Cost = $209,944.

E-12. (City Council) Appropriate Funds, Authorize Expenditure, and Approve Project for a Lighted In-Road Crosswalk Pilot Project at the Intersection of Bushard Street and Yellowstone Drive; Appropriate Funds for the Installation of Six Support Poles on Indianapolis Street Between Beach Blvd. and Brookhurst Street for use with Radar Speed Feedback Signs – Motion to: 1) Amend the 2007/08 Capital Improvement Program to add the design and construction of an in-road lighted pedestrian crosswalk and associated improvements at the intersection of Bushard Street and Yellowstone Drive; 2) Appropriate $70,000 for the design and construction of the lighted crosswalk; 3) Designate the flashing crosswalk project as a Pilot Project to allow for follow-up evaluation of treatment effectiveness before proceeding with any other new flashing crosswalk installations; 4) Authorize the expenditure of $15,000 in professional services from 10085301; and, 5) Appropriate $20,000 for the installation of six support poles on Indianapolis Street for use with radar speed feedback signs. Submitted by the Director of Public Works. Funding Source: Funds in the amount of $90,000 appropriated from the General Fund undesignated fund balance to Transportation Engineering, 10085301.69365 ($70,000) and Traffic Signals and Lighting, 10085304.64670 ($20,000.) Additional funds may be needed at a future date pending the results of the current grant fund application.

E-13. (City Council) Approve a Change Order Increase in the Amount of $35,000 for Sewer Lift Station #26 to Remove the Originally Specified KSB Pumps and Replace with Wemco Pumps – CC-1240 – Motion to: Increase the previously authorized 10% change order limit for Lift Station #26 construction from $226,400 (10%) an additional $35,000 (1.5%) or for a total change order authorization of $261,400 (11.5%). Submitted by the Director of Public Works. Funding Source: Funds in the amount of $35,000 are available in the Sewer Service Charge Fund, Sewer Lift Station CIP, Sewer Improvements, 51189001.82600.

E-14. (Redevelopment Agency) Approve and Authorize the Chairman and Agency Clerk to Execute a Professional Services Agreement With PBS & J in the Amount of $516,745 for Preparation of the Beach Boulevard/Edinger Avenue Corridor Study, and Appropriate Funds from the Redevelopment Agency – Motion to: 1) Approve the Professional Services Contract Between the Redevelopment Agency of the City of Huntington Beach and PBS & J in the amount of $516,745 for preparation of the Beach Boulevard/Edinger Avenue Corridor Study Environmental Impact Report and authorize the Chairman and Agency Clerk to execute the agreement; and, 2) Appropriate funds in the amount of $516,745 from the Redevelopment Agency Merged Capital Fund Account to account 30580101.69320 for the Professional Service Agreement. Submitted by the Deputy Executive Director and the Director of Planning. Funding Source: An appropriation of $516,745 from the Redevelopment Agency Merged Project Area Unappropriated Fund balance to account 30580101.69320, Redevelopment Agency Professional Services is being requested.

E-15. (City Council) Approve a Reimbursement Agreement in the Amount of $351,793 Between the City of Huntington Beach and Red Oak Investments, LLC for Preparation of an Environmental Impact Report (EIR) for the Ripcurl Project Located at the Southeast Corner of Gothard Street and Center Avenue – Motion to: Approve the Reimbursement – Planning – Agreement Between the City of Huntington Beach and Amstar/Red Oak Huntington Beach, LLC as prepared by the City Attorney, and authorize the Mayor and City Clerk to execute the agreement. Submitted by the Director of Planning. Funding Source: Pending City Council approval of this Reimbursement Agreement, Red Oak Investments will pay to the City $351,793 for the anticipated costs of preparing the requisite environmental documentation. This revenue and expenditure are not included in the Fiscal 2007/08 budget; a budget appropriation was approved by the City Council on October 15, 2007.

E-16. (City Council) Approve and Authorize the Mayor and City Clerk to Execute an Agreement Between the City of Huntington Beach and Edith K. Fredricksen in the Amount of $680,000 for Acquisition of Real Property Located at 7802 Alhambra Avenue, APN 142-103-05 to Complete Improvements for the Widening of Heil Avenue Widening Improvement Project Between Beach Blvd. and Silver Lane (CC-1230) – Motion to: 1) Approve the Agreement for Acquisition of Real Property (Escrow Instructions;) and, 2) Authorize the Mayor and City clerk to execute the agreement and other related necessary documents. Submitted by the Director of Economic Development and the Director of Public Works. Funding Source: Funds are budgeted in the Traffic Impact Fund, Heil Avenue Street Widening, Land Purchase, Account No. 20690009.81100.

E-17. (City Council) Approve the Heil Avenue Widening Project Relocation Plan and Relocation Grievance Procedures, and Authorize Expenditures in an Amount Not to Exceed $220,000 for Relocation Related Payments – Motion to: 1) Approve The Heil Avenue Widening Project Final Relocation Plan; 2) Approve the Relocation Grievance Procedures for the City of Huntington Beach; and, 3) Authorize expenditures as described in the plan for relocation related payments in an amount not to exceed $220,000. Submitted by the Director of Economic Development and the Director of Public Works. Funding Source: The total cost for relocation related payments for the relocation plan is estimated at $220,000, and is available from the Traffic Impact Fund, Heil Avenue Street Widening, Other, Account No. 20690009.81300.

E-18. (City Council) Approve and Authorize the Mayor and City Clerk to Execute the Professional Services Contract in the Amount of $296,000 Between the City of Huntington Beach and Scott Fazekas and Associates, Inc. for Building Counter and Inspection Services; Authorize a Budget Appropriation of $96,000 from Permanent Salaries Account to Professional Services Account, and Authorize the Director of Building and Safety to Expend $296,000 for Inspection Services – Motion to: 1) Approve the Professional Services Contract Between the City of Huntington Beach and Scott Fazekas & Associates, Inc. for Building Counter and Inspection Services and authorize the Mayor and City Clerk to execute the agreement; 2) Authorize the budget appropriation of $96,000 to be transferred from Permanent Salaries account 10055201.51000 to Professional Services account 10055201.69365 to cover the increased costs for the inspection services; and, 3) Authorize the Director of Building and Safety to expend $296,000 for Professional Services for inspection services. Submitted by the Director of Building and Safety. Funding Source: Funding has been appropriated during the budget process to the Professional Service account 10055201.69365. Additional funds are available in Building and Safety Department business unit 10055201.51000 as a result of salary savings.

E-19. (City Council) Approve and Authorize the Mayor and City Clerk to Execute a Professional Services Contract in the Amount Not to Exceed $70,000 Between the City of Huntington Beach and Advocation, Inc. to Assist in the Acquisition of State Funding for Priority Projects Within the City and Related State Legislative Issues – Motion to: Approve and authorize the Mayor and City Clerk to execute the Professional Services Contract Between the City of Huntington Beach and Advocation, Inc., for State Lobbyist Services. Submitted by the Council liaisons, Mayor Pro Tem Bohr and Councilmembers Hardy and Hansen. Funding Source: Funds for the contract have been budgeted in the 2007-08 fiscal year budget in Administration’s General fund Account #10030201.69365. The total cost for this contract is not to exceed $70,000.

E-20. (City Council) Approve and Authorize Amendment No. 2 to the Professional Services Agreement in the Amount Not to Exceed $500,000, for a New Total Contract Amount of $2,000,000, Between the City of Huntington Beach and Willdan for As Needed Engineering Services – Motion to: Approve and authorize the Mayor and City clerk to execute Amendment No. 2 to Agreement Between the City of Huntington Beach and Willdan for As Needed Engineering Services. Submitted by the Director of Public Works. Funding Source: Funds in the amount of $150,000 are available in General Fund, Development Services, Professional Services Account No. 10085251.69365. Expenses will be offset by revenue.

F. Administrative Items

F-1. (Redevelopment Agency) Approve the Affordable Housing Component AB 1290 Implementation Plan January 2005 Through December 2009 Mid-Term Update

Communication from the Deputy Executive Director of the Redevelopment Agency transmitting the following

Statement of Issue:
The California Redevelopment Law required Redevelopment Agencies to prepare and adopt Five-Year Implementation Plans and Mid-Term Updates. On November 15, 2004, the Agency Adopted the Five-Year Implementation Plan for the Huntington Beach Merged Project Area and, in 2002, the Agency adopted the Five-Year Implementation for the Southeast Coastal Redevelopment Project Area. In 2004, the Agency also adopted a Ten-Year Housing Compliance Plan to supplement the Implementation Plan Materials. In December, 2007, pursuant to California Redevelopment Law, the Agency will be asked to review and adopted a mid-term update for the Huntington Beach Merged Project Area and a new Five-Year Implementation Plan for the Southeast Coastal Redevelopment Project Area. The attached Affordable Housing Component Implementation Plan (2005-2009) satisfies all the applicable affordable housing reporting obligations.

Recommended Action: Motion to:

Adopt the Affordable Housing Component AB 1290 Implementation Plan January 2005-December 2009 Mid-Term Update report.

Council Comments – (Not Agendized)

At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda.

Council/Agency Adjournment to Monday, January 7, 2008, at 4:00p.m., in Room B-8,
Civic Center, 2000 Main Street, Huntington Beach, California.

Council/Agency Agendas and Minutes are Available at No Charge to the Public at the City Clerk's Office, on the City's Website, Via Email, and Through Paid Subscription. Complete Agenda Packets are Available at the Central Library and Library Branches on Friday Prior to Meetings. Videotapes of Council Meetings are Available for Checkout at the Central Library at No Charge.

JOAN L. FLYNN, CITY CLERK
City of Huntington Beach
2000 Main Street - Second Floor
Huntington Beach, California 92648
COMPUTER INTERNET ACCESS TO CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA WITH STAFF REPORTS IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS http://www.surfcity-hb.org