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HomeMy WebLinkAboutSunset Beach Sanitary District - 2016-06-06 Dept. ID PW 16-024 Page 1 of 2 Meeting Date:6/6l2016 �p�OUI� 6 -0 - 1 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/6/2016 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager. PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of a License Agreement between the City and Sunset Beach Sanitary District for Emergency Generator Building Statement of Issue: Approval and execution of a License Agreement with the City is requested to allow the Sunset Beach Sanitary District to construct, access, operate and maintain an addition to a City-owned restroom facility in Sunset Beach. This would include the installation of an electrical generator to supply emergency power to the District's nearby sewage pumping station. Financial Impact: No funding is required for this action. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a "License Agreement for Emergency Generator Building by and Between the City of Huntington Beach and the Sunset Beach Sanitary District" (Attachment 1) to construct, access, operate and maintain an addition to a City-owned restroom facility in Sunset Beach. Alternative Action(s): Do not authorize execution of the License Agreement with the Sunset Beach Sanitary District. Should this action be denied, a sewage spill is more likely to occur without an emergency generator to supply power to the sewage pumping station in the event of a power grid failure. Analysis: The Sunset Beach Sanitary District (District) currently provides sewage collection and disposal services to the community of Sunset Beach, just as it did before its annexation to Huntington Beach. The District currently operates an electrically-powered sewage pumping station located below ground at the northeastern corner of Broadway and North Pacific Avenues. Power to the pumping station is supplied from the Southern California Edison (SCE) grid, which is subject to frequent interruptions. During such interruptions, it is necessary for the District to bring a trailer- mounted emergency generator to power the station and avoid a potential sewage spill. High traffic volume in this area sometimes delays this effort. The City of Huntington Beach owns the Sunset Beach Greenbelt, including a restroom facility adjacent to the District's pumping station, located 16808 South Pacific Avenue. The District proposes to construct a covered three-sided addition to the existing public restroom facility of approximately 245 square feet (19'-4"x12'8"), for the purpose of housing a permanent emergency Item 8. - I HB -220- Dept. ID PW 16-024 Page 2 of 2 Meeting Date:6/6/2016 electrical generator that would start when SCE power is interrupted, and stop when grid power to the pumping station is restored. The installation of the emergency generator is also in the best interest of the City, since a readily- available emergency power source would avert a potential sewer spill, by guaranteeing continuous operation of the station in the event of a power failure. With a less reliable power supply, if a sewage spill were to occur, it could reach receiving waters within a matter of a few minutes. In summary, the purpose of the License Agreement is to allow the District to: 1. Utilize the licensed area to construct, operate, and provide service support for the emergency generator and housing 2. Have reasonable vehicular and pedestrian ingress and egress over the licensed area The license would remain in effect for a 50-year period, at a license fee of one dollar per year to the City. Environmental Status: The California Coastal Commission has determined that the subject project is exempt from a Coastal Development Permit, pursuant to Coastal Act Section 30610 (f). (Attachment 2) Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. "License Agreement for Emergency Generator Building By and Between the City of Huntington Beach and the Sunset Beach Sanitary District" including insurance certificate 2. California Coastal Commission Permit Exemption, dated January 25, 2016 HB -221- Item 8. - 2 ATTAC kI 1 i� LICENSE AGREEMENT FOR EMERGENCY GENERATOR BUILDING BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE SUNSET BEACH SANITARY DISTRICT This License Agreement ("Agreement") is dated 2016 ("Effective Date") and is between the City of Huntington Beach, a California municipal corporation (the "City") and the Sunset Beach Sanitary District (the "District"), a California sanitary district. The City and the District are referred to in this Agreement individually as a"Party" and collectively as the "Parties." The District provides sewage collection and disposal services to the low-lying community known as Sunset Beach, which is located in the northwestern part of the City. The District currently operates an electrically-powered sewage pumping station located below ground at the northeastern corner of Broadway and North Pacific Avenue in the City. Power is currently supplied to the pumping station from the Southern California Edison ("SCE") grid, but power from the grid to the pumping station is subject to frequent interruption. During such interruptions, the District is required to bring a trailer- mounted emergency electric power generator to the site to power the pump station and avoid potential sewage spills. Conveyance of the emergency generator to the site is sometimes delayed by high traffic volume in the area. The City owns the Sunset Greenbelt, including an area located at 16808 South Pacific Avenue in the City adjacent to the pumping station site, including a restroom facility (the "Property"). In order for the Parties to each avoid sewage spills within their common area, they desire that the District construct an attachment to the restroom facility that would house an emergency electrical generator("Emergency Generator") that would start when SCE power to the pumping station is interrupted and stop when power to the pumping station is restored. The Parties therefore agree as follows: 1. City's Representation and Warranty. City hereby represents and warrants to the District that it owns all right, title and interest to the Property and that it is duly authorized to grant a license for use of a portion of the Property to the District. 2. License. City hereby licenses to the District the use of a portion of the Property of approximately 245 square feet directly adjacent to the restroom facilities 15-5032/131484 1 located on the Property and ancillary connections ("Licensed Area"). A drawing of the Licensed Area is attached as Exhibit "A." The purpose of this License, and included with the License, is for the District to construct the Emergency Generator on the Licensed Area, to have reasonable vehicular and pedestrian ingress and egress over the Licensed Area and the Property to construct, operate and maintain the Emergency Generator and to provide service support for the Emergency Generator during the term of this License. This License will remain in effect during a 50-year period beginning on the Effective Date (the "Duration"). 3. Payment. The District shall pay a license fee of$1 per year for the License ("License Fee''), payable no later than 10 days after the Effective Date and each succeeding year no later than 10 days after the anniversary of the Effective Date. The District shall also pay the City fees for all required permits and shall reimburse the City for its costs of inspection performed in conjunction with such permits. The District will perform and pay all obligations of the District under this Agreement. All matters or things herein required on the part of the District will be performed and paid for at the sole cost and expense of the District, without obligation on the part of the City to make payment or incur cost or expense for any such matters or things. 4. Design Documents. The District shall provide the City with final design documents for the Emergency Generator for approval before beginning construction. Such approval may not be unreasonably withheld. Once the City approves the design documents, the District may commence construction. 5. Termination. This Agreement may be terminated prior to the completion of the Duration. The City may cancel and terminate this Agreement only in writing, and only for a material breach by the District, and only for a failure by the District to cure that breach after thirty (30) days notice to the District in writing. The District may cancel and terminate this agreement at any time, for any reason for all of the Licensed Area, upon thirty (30) days notice in writing. Termination, cancellation or expiration does not release the District from any liability or obligation (indemnity or otherwise) which District may have incurred. Upon termination, the District will have a reasonable time to remove its equipment, other personal property and Fixtures from the Property. 15-5032/131484 2 6. Events of Default. The occurrence of any of the following shall constitute a material default and breach of this Agreement by District: (a) Any failure by District to pay the consideration due in accordance with Article 3, or to make any other payment required to be made by District hereunder when due. (b) The abandonment or vacating of the Property by District. (c) Any attempted assignment or subletting of this Agreement by District in violation of Paragraph 10(b). (d) The material violation by the District of any resolution, ordinance, statute, code, regulation or other rule of any governmental agency in connection with District's activities pursuant to this Agreement. (e) Any attempt to exclude the City from the Licensed Area. 7. Indemnification,Defense, Hold Harmless. District hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses,judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to District's employees and damage to District's property, arising directly or indirectly out of the use of the Licensed Area by District, caused in whole or in part by any negligent act or omission of the District, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City, its officers, elected or appointed officials, employees, agents, and volunteers. District will conduct all defense at its sole cost and expense. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by District. 15-5032/131484 3 8. Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1861, District acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; District covenants that it will comply with such provisions prior to any use of the Licensed Area hereunder. District shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. District shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. District shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and District shall similarly require all subcontractors to waive subrogation. 9. Insurance. In addition to the workers' compensation and employer's liability insurance and District's covenant to defend, hold harmless and indemnify City, District shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the use of the Licensed Area by District. This policy shall indemnify District, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the use of the Licensed Area by District, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for District's use of the Licensed Area. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the use of the Licensed Area shall be deemed excess coverage and that District's insurance shall be primary and non-contributory with any other valid and collectible insurance or self- insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the 15-5032/131484 4 Additionally Insured Parties. All coverage available to District shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of City; however an insurance policy "deductible" of$5,000.00 is permitted. District shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of District by this Agreement. 10. Certificates of Insurance; Additional Insured Endorsements. Prior to commencing any use of the Licensed Area hereunder, District shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. District shall maintain the foregoing insurance coverages in force during the entire term of this Agreement. The requirement for carrying the foregoing insurance coverages shall not derogate from the District's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. District shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. District shall provide a separate copy of the additional insured endorsement to each of District's insurance policies, naming City, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder_ 11. Force Majeure. No Party will be responsible or liable for failure to meet their respective obligations under this Agreement if that failure is due to causes beyond any Party's control. Such causes include, but are not limited to: strikes, fire, flood, civil disorder, acts of God or of the public enemy, acts of the federal government, or any unit 15-5032/131484 5 of state or local government in either sovereign or contractual capacity, epidemics, freight embargoes or delays in transportation, and changes in federal, state, or local law. 12. General provisions. (a) Entire Agreement. This Agreement represents the entire understanding between the Parties as to the Parties' obligations relating to the License for use of the Licensed Area and the Emergency Generator. The Parties may not alter this Agreement except in a writing signed by both Parties. (b) Assignment. The Parties may not sell, transfer, or assign their interest in this Agreement. The provisions of this Agreement will be binding upon the Parties and any successors or assigns. (c) Authority. Each individual executing this Agreement on behalf of a Party hereby warrants that he or she has the right, power, legal capacity, and appropriate authority to enter into this Agreement on behalf of the Party for which he or she is signing. (d) Waiver. Any Party may waive compliance by another Party with respect to any provision of this Agreement. No waiver of a provision may be construed as a waiver of any other provision. No waiver may be construed as an ongoing waiver with respect to subsequent events unless it expressly so provides. Any waiver must be in writing, signed by the waiving Party, and recite the provisions being waived. (e) Severability. If any term, provision, condition or covenant of this Agreement or its application to any Party or circumstance is, to any extent, held invalid or unenforceable, the remainder of this Agreement will not be affected, and each provision of this Agreement will be valid and enforceable to the fullest extent permitted by law. 15-5032/131484 6 13. Notice. Any legal notice, request, payment or instrument required or permitted to be given under this Agreement must be in writing and must be delivered personally (including by means of professional messenger service) or sent by express mail, registered mail, or certified mail, return receipt requested, with a courtesy copy to be delivered by email. Notices delivered personally or by express mail will be deemed received upon receipt or within two business days after being deposited in the United States mail, registered or certified, postage prepaid, and addressed to the party for whom intended, as follows: If to District: If to City: Sunset Beach Sanitary District City of Huntington Beach c/o District Clerk Attn: Director of Public Works P. O. Box 1185 2000 Main Street Sunset Beach, CA 90742 Huntington Beach, CA 92648 REST OF PAGE NOT USED 15-5032/131484 7 IN WITNESS WHEREOF, the Parties have executed this Agreement by and through their authorized officials as of the Effective Date. S SET B CH CITY OF HUNTIN TON BEACH, IT IS RICT a Califo 'a mum orp ation John H. Woods, Presi ent Mayor at * �� Graham K. Hoad, Secret .. City Clerk i Date: APPROVED AS TO FORM: APPROVED AS TO FORM: LEWI BRISBOIS BISGAARD & SMIT H, City Attorney �,.J�- N By: (,8/'--u Distri t Counsel REVIE ED APPROVED: ity Manager INITIATED AND APPROVED: ----VAX Director Public Works 15-5032/131484 8 CALIFORNIA ALL- PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California } County of V } Ong 20, 2016 before me, AIUsSu R Gomkit �1 lacqa��u nu IG , i - (HEre insert name and title o the o fi r personally appeared umn 44. S ciod Gtahaw H06t,4 , who proved me on the basis of satisfactory evidence to be the personl@ whose names are subscribed to the within inst ent and acknowledged to me that he/sh t e xecuted the same in his/he thei authorized capacit (ies , and that by his/he el signature neon the instrument a person s)' or the entl y upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ALYSSA.R..;COPELAND WITNESS my hand and official al. "'' : Commission No.2101209 z' NOTARY PUBLIC-CALIFORNIA ORANGE COUNTY MY Comm.Expires FEBRUARY 23,2019 Not P igna (Notary Public Seal) ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM This form complies with current California statutes regarding notary wording and, DESCRIPTION OF THE ATTACHED DOCUMENT if needed,should be completed and attached to the document.Acknowledgments from other states may be completed for documents being sent to that state so long as the wording does not require the California notary to violate California notary l wp' ,e Aaveeftrj-rer 94V f 'Lncu rnawfir law. (Title or des ption of attached docume 1��-" • State and County information must be the State and County where the document ilk IDU�Atu� PRY! GRU 6(Wtj signer(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s)personally appeared which (Titl. r desCh do of attached document cont hued) must also be the same date the acknowledgment is completed. The notary public must print his or her name as it appears within his or her Number of Pages__Document_-- commission followed by a comma and then your title(notary public). • Print the name(s) of document signer(s) who personally appear at the time of notarization. CAPACITY CLAIMED BY THE SIGNER Indicate the correct singular or plural forms by crossing off incorrect forms(i.e. he/she/the) is/afe)or circling the correct forms.Failure to correctly indicate this ❑ Individual (s) information may lead to rejection of document recording. ❑ Corporate Officer The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. ❑ Partner(s) Signature of the notary public must match the signature on file with the office of the county clerk. ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknowledgment is not misused or attached to a different document. Indicate title or type of attached document,number of pages and date. Other ❑ Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,inr''cate the title(i.e.CEO,CFO,Secretary). l:ersion vvv:v:I JIotarlC'Iasse�.,.con: Securely attach this document to the signed document with a staple. PACIRC COAST HIGHWAY BUMNOII ABOVE GROUND ELECTRICAL BOX. ABOVE GROUND Q UTILITY BOX _ 40' w R,,AVV— w _w _w w w —w — w w w w iw — w K PACAIPC AVE /� T T T T T T T T T N T — S con BURIED CONDUIT / . �'- t�31 I o —•�. � I EXIST. EMERGENCY GENERATOR BUILDING i .. I UNDERGROUND .:• ::�.:: SEWER PUMP 16808 SOUTH PACIFIC AVE. I STATION H Q EXISTING a;:' cp �:': Q H Q RESTROOM I' 10.75 FF P Q © 31.93, 0 E E E E / 0i f3� PA07C VE -(i NEW DRIVE �s N•�� s�s w w w — w — w w w w w w °'-r — am—Gas GAS—Gas—GAs GAS-oAS— D GAS R w r.�s a"— _ o LI SUNSET BEACH SANITARY DISTRICT SCALE: "EXHIBIT A' 1" = 20' LICENSE AGREEMENT 20' 10' 0 20' 40' EMERGENCY GENERATOR BUILDING' HUNTINGTON BEACH CALIFORNIA DWG. NO. SHEET NO. Item 8. - 11 GRAPHIC SCALE HB -230- 14-2086-EX 1 1 OF 1 kh I Issue Date AK CERTIFICATE OF-COVERAGE 07701,2015 r. _ Thii'is to certify that coverages listed belovi have been Issued to the Member'named below for the period indicated.This ceriffi=8 Is not an insurance policy or an agreement of coverage and does not amend,extend or alter,the coverage afforded by the agreements listed herein.Noh-Ahstanding any, A A 'a equirement,term,or ccAditioa of any contract or other document with resped to whkh this certfcate may be issued or may pertain,the coverage described herein is subject to aq the terms•exclus�cns,and conditions of the specific coverage documentSDR�nl k Thii cerfirmate of coverage eVdencds the(Tints of fabliky in effect at the inception of the agreements sh&m"Emits shoFm may have been reduced by paid iii dams.This c1r1Jfi,..e is issued,as,a matter of informal5on only and confers no rights upon the certificate ho!d'er. Member Numhet: Entity,Affbrilin�)0:)vvfaqa:- Sunset Beach Sanitary District BOP-6914 Special-District Risk Management Authority Post Office Box,1185 1112 '1' Street,Suite 300 Sunset Beach,,CA 90742-1185 Sacramento,California 95814 800.537.7790 Nmw.sdrma,or9. Type of Coverage Policy Number Effective Date Expiration Date Limits ........... '1j](3enerat Liability it LCA-SORMA-201516 0710112015 0710112016 Personal Injury and Property Damage Per Occurrence $5,OM,000 117'Public Officials and Employees Errors LCA-SDRMA-201516 07101r2015, 0716V2016 &Omissions Per Occurrence $5,000.000 Ex'Elected.011116als Personal Liability LCA-SDRUA-201516 07.10112015 07/014016, Per Occurrence $5w,000 Employment Practices Liability LCA-SDRiAA-201516 07/0112015 0710112016 Per Occurrence $5,000,C00 I Employee Benefits Liability LCA-SDRMA-201516 07/0112015 0710112016 Per Occurrence $5.000.0100 lox Employee and Public Officials EDC-SORMA-201516 01710112015 0710112016 Dishonesty Per Occurrence $I,o0o'doo I 7xAuto Liability LCA-SORMA-201516 07/0i/2015, 07101/2016 Personal Injury and Property Damage Per Occurrence $5,000,000 []Auto Physical Dartiago Ciluninsured Underinsured Motorists UMI-SORMA-201516 07/01120 15 0710112016 'J Each Accident $1,000,000 mi OTraiier Eproperty PPC-SORMA-201516 07101t2615 07101120,16 Includes Fire,Theft and Flood Per Occurrence 51.000,0()0.000 Replacement clost'foi Scheduled Property Boiler and Machinery BMC-SDRMA-201516 07101/2015 07/01/2016 Each Occurrence, S100,000.000 Replacement cost for Scheduled Property T_ 07101/2015 U/01/2016 x Morkers'Cornoensation MP-SDRMA-201516 A,-Statutory Workers'Comp. Each Occurrence Statutory B.Employers'Liability Coverage Each Occurrence 55,000.000 APPROVED AS TO FORM L; 1 6 Mi chael Gates'CIty Attorney Description:All listed coverage is in effect only for the time period specified'. 01 Gr' b`iy S.Hall-Chief Executive Officer HB -231- Item 8. - 12 ATTACHMENT #2 ' STATE OP CALIFORNIA•NATURAL RESOURCES AOENCY EDMUND 0.BROWN,JR.,GOVGHNOR CALIFORNIA COASTAL COMMISSION ° .SOUTH COAST DISTRICT OFFICH •'200 OCBANGATE,I OTH FLOOR LONG BEACH,CALIFORNIA 90802-44I6 PH(562)$90.5071 FAX(M)590-5084 Y W W W.CDASQj� 1!°F PERMIT EXEMPTION / NO PERMIT REQUIRED January 25,2016 Commission Reference Number: 5-15-0293-X, Applicant Name: Southern CA Edison,Attn:Ben Lopez Project Location: 16605 Pacific Ave,Sunset Beach(Orange County) 17079 Pacific Ave,Sunset Beach(Orange County) Project Description: Installation of three(3)new pad mounted switches-two 4'x45 pads with 40"x53"x45" switch boxes acid one 5'x10'6"x7' switch box;two (2)new 35x32"x25"pad mounted transformers, and trenching to lay down approximately 200 ft. of cable in an underground duct to connect the proposed new structures to existing infrastructure at four different locations along the Pacific Avenue parkway in Sunset Beach, Orange County, The proposed work will take place over a three week period outside the peak summer season. This is to certify that this location and/or proposed project has been reviewed by the staff of the Coastal Commission. A Coastal Development Permit is NOT necessary for the reasons checked below: ❑ The site is not located within the Coastal Zone as established by the California Coastal Act of 1976, as amended. ❑ The proposed development is included in categorical Exclusion Number adopted by the California Coastal Commission, ❑ The proposed development is judged to be repair or maintenance activity not resulting in an addition to or enlargement or expansion of the object of such activities and not involving any risk of substantial adverse environmental impact(Coastal Act Section 30610(d)). ❑ The proposed development is an improvement to an existing single fancily residence(Coastal Act Section 30610(a)) and not located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach(whichever is greater)(Section 13250(b)(4) of 14 Cal, Admin, Code), ❑ The proposed development is an improvement to an existing single family residence and is located in the area between the sea and the first public road or within 300 feet of the inland extent of any beach(whichever is greater),but is not (a) an increase of 10% or more of internal floor area; (b)an increase in height over 10%;or(c) a significant non-attached structure(Coastal Act Section 30610(a)and Section 13250(b)(4)of the Administrative Regulations), Item 8. - 13 xB -232- i Page 2 PERMIT EXEMPTION/NO PERMIT REQUIRED ❑ The proposed development is an interior modification to an existing use with no change in the density or intensity of use(Coastal Act Section 30106), The proposed development involves the installation,testing, and placement in service of a necessary utility connection between an existing service facility and development approved in accordance with coastal development permit requirements,pursuant to Coastal Act Section 30610(f), ❑ The proposed development is the rebuilding of a structure, other than apublic works facility, destroyed by natural disaster, The replacement conforms to all of the requirements of Coastal Act Section 30610(g), ❑ Other; Please be advised that only the project described above is exempt from the permit requirements of the Coastal Act. Any change in the project may cause it to lose its exempt status, This certification is based on information provided by the recipient of this letter. If,at a later date,this information is found to be incorrect or incomplete,this letter will become invalid,and any development occurring at that time.must cease until a Coastal Development Permit is obtained, Sincerely, Charles Lester Executive Director Liliana Roman Coastal Program Analyst I cc; File HB -2331- Item 8. - 14 City of Huntington Beach -- ^ . 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk 17,7909. June 7, 2016 Sunset Beach Sanitary District c/o District Clerk P. O. Box 1185 Sunset Beach, CA 90742 To Whom It May Concern: Enclosed for your records is a copy of the "License Agreement for Emergency Generator Building By and Between the City of Huntington Beach and the Sunset Beach Sanitary District." Sincerely, 4q,iv7� Robin Estanislau, CIVIC City Clerk RE:pe Enclosure Sister Cities: Anjo, Japan ♦ Waitakere, New Zealand