4:00 PM - ROOM B-8

CALL TO ORDER

ROLL CALL

(Councilmember Green has requested permission to be absent pursuant to Resolution No. 2001-54)

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

ANNOUNCEMENT OF LATE COMMUNICATION

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

STUDY SESSION

1.

(City Council)  The City's Energy Project Manager, Aaron Klemm will present the work plan to date on efforts to create the Energy and Sustainability Strategic Plan for Huntington Beach.

2.

(City Council)  The City Clerk, Joan Flynn will provide a brief demonstration on public access to NetFile, the City’s online filing system for campaign disclosure documentation; SIRE Pub, a records management system designed by SIRE Technologies to store information including City contracts, deeds, ordinances, records and resolutions; and Agenda Plus, a SIRE Technologies product designed to build City Council agendas and manage Council staff reports through use of an electronic workflow.

RECESS TO CLOSED SESSION

CLOSED SESSION

3.

(City Council)  Pursuant to Government Code Section 54956.9, the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:  Andrew Zepeda v. City of Huntington Beach; WCAB Case Nos. AHM 119525 and AHM 0120744; Claim Nos. COHB 04-0069 and COHB 01-0155.

4.

(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.

5.

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

6.

(City Council)  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 a lawsuit.

7.

(City Council)  Pursuant to Government Code Section 54957.6, the City Council shall recess to Closed Session to confer with the City Attorney regarding the following potential lawsuit:  In the Matter of Notice No. V12-0008 issued by the California Department of Transportation (Cal Trans) on June 15, 2007.  Cal Trans has notified the City that the Huntington Beach Auto Mall sign located on City property adjacent to State Route 405 is in violation of the Outdoor Advertising Act.  The Council will consider whether to appeal the determination to the Office of Administrative Hearings.

6:00 PM – COUNCIL CHAMBERS

RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY MEETING

CLOSED SESSION REPORT BY CITY ATTORNEY

ROLL CALL

(Councilmember Green has requested permission to be absent pursuant to Resolution No. 2001-54)

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

PLEDGE OF ALLEGIANCE

To be led by Boy Scout Weeblos Den 2, Pack 227, from St. Bonaventure Church.

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

8.

Announcement - Mayor Cook will announce October as National Disability Employment Awareness month.   Initially the observance was enacted by Congress as Public Law 176, declaring the first week of October as “National Employ the Physically Handicapped Week.” In 1962, the word “physically” was removed to acknowledge the employment needs and contributions of individuals with all types of disabilities.  In 1988 the observation was expanded to a full month under its present name.  The City Council would like to recognize the contributions of all disabled Americans as part of the city’s Human Relations Task Force Federal Heritage Month program.

9.

Presentation - Mayor Cook to call on William (Willie) Morris, Aera Energy’s Manager of Operations for the LA Basin, to present a check to the Centennial Celebration Committee for $25,000.

10.

Presentation - Mayor Cook to call on Janis Mantini, Boeing’s Program Manager, to present a check to the Centennial Celebration Committee for $25,000.

11.

Presentation - Mayor Cook to call on Sofia Abrina, Administrator for Huntington Beach Hospital and Garden Grove Hospital, and Candace Bartsch from Prime Healthcare, to present a check to the Centennial Celebration Committee for $10,000.

12.

Presentation - Mayor Cook to draw the names of the riders on the Huntington Beach Centennial Celebration 2009 Rose Parade Float. The riders will be drawn from residents who have submitted their names. The Mayor will also draw the name of the City of Huntington Beach Employee who submitted their name for the drawing. Also to be drawn are the representatives from the Junior Lifeguard Program and the Youth Character Awardees.

The Mayor will also present the Huntington Beach Centennial Geranium that has been propagated especially in honor of the City’s Centennial. The Geranium is the Official flower of the City and will be featured on the City’s Rose Parade Float.

13.

Presentation - The Huntington Beach Police Officers’ Foundation, HBPOF, hosted the CONSTABLE CLASSIC Golf Tournament at Sea Cliff Country Club on Monday August 11th. The HBPOF had selected the Kiwanis of Huntington Beach as the designated charity for this event. The HBPOF will present a check to the Kiwanis to aid them in assisting underprivileged youth.

PUBLIC COMMENTS (3 Minute Time Limit)

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

CITY ADMINISTRATOR'S REPORT

CITY ATTORNEY'S REPORT

14.

City Attorney’s Notice of Filed Complaint by the City of Huntington Beach.  City of Huntington Beach v. Carl M. Garfield and Does 1 to 15, Inclusive, Orange County Superior Court Case No. 30-2008-00097830.

Nature of Case:  Claim for recovery of worker's compensation benefits paid to Fire Captain Keith Bateman who was rear-ended while on City business, traveling in his private vehicle.

CONSENT CALENDAR

15.

(City Council/Redevelopment Agency)  Approve Minutes

Recommended Action:

Approve and adopt the minutes of the City Council/Redevelopment Agency Regular Meeting of September 22, 2008 as written and on file in the Office of the City Clerk.

16.

(City Council)  Receive and File the City Attorney’s Quarterly Report of Activity for April 1, 2008 through June 30, 2008.

Recommended Action:

Receive and file the City Attorney’s Quarterly Report for April 1, 2008 through June 30, 2008.

17.

(City Council)  Adopt Resolution No. 2008-61 Amending the Fiscal Year 2008/09 Budget to Continue $19,040,705 in Unspent Appropriations from Fiscal Year 2007/08 for Unfinished Capital Improvement Program (CIP) Projects.

Recommended Action:

Adopt Resolution No. 2008-61, "A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2008/09 Budget to Carry Over Unspent Appropriations from Fiscal Year 2007/08" which incorporates and references the Continuation Funding Exhibit listing individual Capital Improvement Program Projects totaling $19,040,705.

18.

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $47,750 to J. RDMMAC, Inc. for the Safe Routes to School, Cycle IV Project in the Vicinity of Marine View Middle School, CC-1244; 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 Safe Routes to School, Cycle IV Project in the vicinity of Marine View Middle School, CC-1244;

b)

Accept the lowest responsive and responsible bid submitted by J. RDMMAC, Inc. in the amount of $47,750; and, 

c)

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

19.

(City Council)  Approve Project Plans and Specifications and Award Construction Contract in the Amount of $170,000 to GMC Engineering, Inc. for the Safe Routes to School, Cycle IV Project in the Vicinity of Mesa View Middle School, CC-1243; Declare the Apparent Low Bid from California Engineering and Contracting, Inc. as Non-Responsive; 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 Safe Routes to School, Cycle IV Project in the vicinity of Mesa View Middle School, CC-1243;

b)

Declare the apparent low bid from California Engineering and Contracting, Inc. as non-responsive;

c)

Accept the lowest responsive and responsible bid submitted by GMC Engineering, Inc., in the amount of $170,000; and,

d)

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

20.

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute Amendment No. 1 to the Professional Services Contract with Huitt-Zollars, Inc. Extending Contract Term for As-Needed Civil Engineering Services for the Beach Blufftop Restrooms Project and Other Capital Improvement Projects.

Recommended Action:

Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Huitt-Zollars, Inc."

21.

(City Council)  Adopt Resolution No. 2008-62 Requesting the Orange County Transportation Authority (OCTA) to Allocate Funds Through the Combined Transportation Funding Program (CTFP) for the Initial 90% Reimbursement of Costs Related to the Heil Avenue Widening Project, CC-1230.

Recommended Action:

Adopt Resolution No. 2008-62, "A Resolution of the City Council of the City of Huntington Beach Requesting the Orange County Transportation Authority to Allocate Combined Transportation Program Funds for Heil Avenue Widening Between Silver Lane and Beach Boulevard, Project Numbers 03-HBCH-GMA-1110 and 03-HBCH-MPH-1111."

22.

(City Council)  Adopt Resolution No. 2008-63 Revising and Restating the City's Insurance and Indemnity Requirements.

Recommended Action:

Adopt Resolution No. 2008-63, "A Resolution of the City Council of the City of Huntington Beach Revising and Restating the City's Insurance and Indemnity Requirements."

23.

(City Council)  Request for Amicus Curiae Brief Support of the City of Anaheim's Ban of the Operation of Medical Marijuana Dispensaries Within Its City Limits, in the Matter Entitled "Qualified Patients Association v. City of Anaheim," Case No. G040077.

Recommended Action:

Approve and authorize participation as amicus curiae in support of the City of Anaheim for the matter entitled "Qualified Patients Association v. City of Anaheim," G040077, 4th District Court of Appeal, Division 3.

24.

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute Amendment No. 1 of the Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Newport Beach for the Detention at Huntington Beach Police Department of Detainees Held in Custody by the Newport Beach Police Department.

Recommended Action:

Approve and authorize the Mayor and City Clerk to execute the revised  "Amendment No. 1 to Intergovernmental Service Agreement Between the City of Huntington Beach and the City of Newport Beach for the Detention at Huntington Beach Police Department of Detainees Held in Custody by the Newport Beach Police Department."

25.

(City Council) Approve Appointments of Alison Baskin, Kelly Beitler, and Emily Wagner to the Youth Board With a Term to Expire in June 2009;  Reappoint  Carey Huss, Rebecca Clopp, Kevin Edwards, Dylan Heyden, Grace Le, and Stephanie Morley to the Youth Board With a Term to Expire in June 2009

Recommended Action:

a)

Approve appointments of Alison Baskin, Kelly Beitler, and Emily Wagner to the Youth Board with their terms to expire in June 2009; and,

b)

Reappoint Carey Huss, Rebecca Clopp, Kevin Edwards, Dylan Heyden, Grace Le, and Stephanie Morley to the Youth Board with their term to expire in June 2009.

ORDINANCES FOR ADOPTION

26.

(City Council)  Adopt Ordinance No. 3815 Amending Chapter 10.42 of the Huntington Beach Municipal Code (HBMC) Relating to the Residential Parking Permits.

Approved for Introduction September 15, 2008.

Recommended Action:

After City Clerk reads by title, Adopt Ordinance No. 3815, "An Ordinance of the City of Huntington Beach Amending Chapter 10.42 of the Huntington Beach Municipal Code Relating to Residential Parking Permits."

COUNCILMEMBER COMMENTS (Not Agendized)

ADJOURNMENT