4:00 PM - ROOM B-8

CALL TO ORDER

ROLL CALL

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.

A Finance Department Presentation Regarding the Local Tax Implication of the Employment Relationship Between a Real Estate Broker and Sales Agent.  The Presentation Outlines the Municipal Code, Statutory Law, California Association of Realtors Position and the Departmental Recommendation on this Issue.

RECESS TO CLOSED SESSION

CLOSED SESSION

2.

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.

3.

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, Finance Director; and Duane Olson, Fire Chief, regarding labor negotiations with FMA.

4.

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.

5.

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

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

6.

Mayor's Award - Mayor Cook to call on Economic Development Director Stanley Smalewitz to present the Mayor's Award to Senior Administrative Analyst Carol Runzel.

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

7.

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

Recommended Action:

Review and accept the Monthly Investment Report.  Following review of the report by motion of Council, accept the Monthly Investment Report for July 2008, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach.

PUBLIC HEARING

8.

(City Council)  Public Hearing  –  Adopt Resolution No. 2008-59 Approving an Annual Assessment Within the Huntington Beach Auto Dealers Business Improvement District (BID) for Fiscal Year 2008-2009, and Appropriate $28,783 to Match the BID Proposed Budget.

Recommended Action:

a)

Conduct the Public Hearing;

b)

Adopt City Council Resolution No. 2008-59, "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Auto Dealers Association Business Improvement District for Fiscal Year 2008-2009;" and,

c)

Appropriate an additional $28,783 in the Auto Dealers BID account 70180101 to match the BID proposed budget.

9.

(City Council)  Public Hearing  –  Adopt Resolution No. 2008-57 Approving an Annual Assessment Within the Huntington Beach Hotel/Motel Business Improvement District (BID) for Fiscal Year 2008-2009.

Recommended Action:

a)

Conduct the Public Hearing; and,

b)

Adopt City Council Resolution No. 2008-57, "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Hotel/Motel Business Improvement District for Fiscal Year 2008-2009."

10.

(City Council)  Public Hearing  –  Adopt Resolution No. 2008-58 Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District (BID) for Fiscal Year 2008-2009.

Recommended Action:

a)

Conduct the Public Hearing; and,

b)

Adopt City Council Resolution No. 2008-58, "A Resolution of the City Council of the City of Huntington Beach Approving an Annual Assessment Within the Huntington Beach Downtown Business Improvement District for Fiscal Year 2008-2009" to fund improvements within the Huntington Beach Downtown Business Improvement District.

CONSENT CALENDAR

11.

(City Council/Redevelopment Agency)  Approve Minutes  –  Approve and Adopt the Minutes of the City Council/Redevelopment Agency Regular Meeting of September 2, 2008 as Written and on File in the Office of the City Clerk.

12.

(City Council/Redevelopment Agency)  Receive and File the City Clerk’s Quarterly Report Listing of Professional Service Contracts Filed in the City Clerk’s Office Between April 1, 2008 and June 30, 2008.

Recommended Action:

Receive and File the "List of Professional Service Contracts Approved by Department Heads Pursuant to Huntington Beach Municipal Code Chapter 3.03 and Submitted to the Office of the City Clerk during the period of April 1, 2008 through June 30, 2008."

13.

(City Council)  Adopt Resolution No. 2008-55 to Make Application for Grant Funds from the State of California Used Oil Block Grant Program, Managed Through the California Integrated Waste Management Board, for the Establishment of a Used Oil Collection Center; and, Authorize the Fire Chief to Execute All Ancillary Documents on Behalf of the City Without Further Approval of the City Council.

Recommended Action:

a)

Adopt Resolution No. 2008-55, "A Resolution of the City Council of the City of Huntington Beach to Make Application for Grant Funds for the Establishment of a Used Oil Collection Center;" and

b)

Authorize the Fire Chief to execute all ancillary documents on behalf of the City, without further approval of the City Council.

14.

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute Amendment No. 1 to the Professional Services Contract with DLT&V Systems Engineering and Controls, Inc. in an Amount Not to Exceed $27,815, for a Total Contract Amount of $322,080, for the Water Utility Supervisory Control and Data Acquisition (SCADA) System Upgrade.

Recommended Action:

Approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and DLT&V Systems Engineering, Inc."

15.

(City Council)  Adopt Resolution No. 2008-56 Accepting California Department of Water Resources Proposition 50 Water Use Efficiency Grant Funds to Develop a Water Use Efficient Master Plan to Improve Water Use Conservation in the City.

Recommended Action:

a)

Adopt Resolution No. 2008-56, "A Resolution of the City Council of the City of Huntington Beach to Accept California Department of Water Resources Proposition 50 Water Use Efficiency Grant Funds" and,

b)

Authorize the Director of Public Works to execute the grant agreement with the Department of Water Resources on behalf of the City.

16.

(City Council)  Adopt Resolution No. 2008-60 Approving Residential Permit Parking District "L" on Meadow Crest Drive and on Edwards Street Frontage Road

Recommended Action:

Adopt Resolution No. 2008-60, "A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District "L" Within the City of Huntington Beach."

17.

(City Council)  Accept  the Estimated Grant Award of $350,000 from the County of Orange for the Supplement Law Enforcement Services Fund (SLESF) for Funding Cycle Year 2008-2009; Establish a Business Unit for this Funding; Appropriate and Authorize the Chief of Police to Expend the Approximate $350,000 Plus Interest Accrued on Patrol Related Equipment.

Recommended Action:

a)

Accept the estimated grant award of $350,000 from the County of Orange SLESF for funding cycle year 2008-2009;

b)

Establish a separate business unit for this funding;

c)

Authorize the Chief of Police to expend the approximate $350,000 grant award, plus any accrued interest; and,

d)

Appropriate the approximate $350,000, plus any accrued interest to be expended on patrol related equipment.

18.

(City Council)  Approve and Authorize the Mayor and City Clerk to Execute the Agreement  in the Amount of $55,500 for Acquisition of Three Encyclopedia Parcels Owned by Yevonne Lou Located in the Designated Huntington Central Park Area, North Side of Ellis Avenue Between Edwards Street and Goldenwest Street (APN's 110-152-03, 04 and 05.)

Recommended Action:

a)

Approve the "Agreement for Acquisition and Escrow Instructions; and

b)

Authorize the Mayor and City Clerk to execute the agreement and other related documents.

ADMINISTRATIVE ITEMS

19.

(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) Members: Councilmember Jill Hardy, Chair, Mayor Pro Tem Keith Bohr, and Councilmember Don Hansen.

Recommended Action:

a)

Authorize a Letter to our State Legislators and the Governor Opposing Potential Cuts in Local Funding and/or Redevelopment Funds;

b)

OPPOSE AB 2427 (Eng) - Business and Professions Codes - As Enrolled 8/22/08; and

c)

SUPPORT Proposition 6 - Criminal Penalties and Laws - Public Safety Funding - on the November ballot.

ORDINANCES FOR INTRODUCTION

20.

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

Recommended Action:

After City Clerk reads by title, Approve for Introduction 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."

ORDINANCES FOR ADOPTION

21.

(City Council)  Adopt Ordinance No. 3814 Amending Huntington Beach Municipal Code (HBMC) Chapter 14.55 Relating to Sewer Service Rates Methodology.

Approved for Introduction September 2, 2008.

FIVE AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER HEALTH AND SAFETY CODE SECTION 5471.

Recommended Action:

After City Clerk reads by title, Adopt Ordinance No. 3814, "An Ordinance of the City of Huntington Beach Amending Chapter 14.55 of the Huntington Beach Municipal Code Relating to the Sewer Service Rates Methodology."

COUNCILMEMBER COMMENTS (Not Agendized)

ADJOURNMENT