HomeMy WebLinkAboutApprove for introduction Ordinance No. 4077 amending Hunting rta;ir.Gr= 2000 Main Street,
? L,„�,;;°; Huntington Beach,CA
J,: P a•.4 .
_ Cityof Huntington Beach 92648
g APPROVED 7-0
File#: 24-194 MEETING DATE: 3/19/2024
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
,SUBMITTED BY: Eric G. Parra, Interim City Manager
VIA: Ashley Wysocki, Director of Community & Library Services
'PREPARED BY: Molly Uemura, Community & Library Services Manager
Subject:
Adopt Resolution No . 2024-08 revising and restating Resolution No. 2016-01 related to
implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of
perhiits issued for Safe and Sane Fireworks from fifteen (15)to sixteen (16)
Statement of Issue:
It is necessary to revise and restate Resolution No. 2016-01 and approve a new resolution that will
allow for one additional Safe and Sane Fireworks booth permit to be exclusively issued to a City-
related organization or foundation, which is defined as a charitable organization that has been
established as a result of a partnership with a specific City department and has the primary purpose
of financially supporting city services and operations.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No. 2024-08, "A Resolution of the City Council of the City of Huntington Beach
revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and
Municipal Code Chapter 5.90 regarding safe and sane fireworks."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
On.February 2, 2015, City Council adopted Resolution No. 2015-04, which approved a maximum of •
fifteen (15) permits to be issued allowing for the sale of Safe and Sane Fireworks within the City each
year to non-profit organizations using a lottery system. Historically, the 15 permits have been issued
to applicants in three (3) categories, with a maximum of five (5) permits per category: Youth Sports,
High School Education Institutions, and Civic Organizations. Resolution No. 2024-08 would increase
City of Huntington Beach 'Page 1 of 2 Printed on 3/13/2024
powere1144f LegistarTm
File#: 24-194 MEETING DATE: 3/19/2024
the number of permits from fifteen (15) to sixteen (16).
This increase of one permit shall be issued to a City-related organization or foundation defined as a
charitable organization that has been established as a result of a partnership with a specific City
department and has the primary purpose of financially supporting City services and operations. This
charitable organization must have a current Memorandum of Understanding with the City of
Huntington Beach.
Sixty percent (60%) of the proceeds from this sixteenth (16th) booth will be recouped by the City-
related organization or foundation and forty percent (40%) will be recouped by the City of Huntington
Beach to help offset the rising costs related to the City's Independence Day events. The awarded
,City-related organization or foundation will.rotate annually, with a lottery held the first year to
.establish_a list. Any new City-related organization or foundation established after this list is created
will be automatically added to the end of the existing list. Applicable organizations or foundations will
be eligible to apply for other categories during non-award years. No City-related organization or
':foundation may be awarded or operate more than one booth in the same year. These organizations
will not be entered into the annual lottery that is applicable for the remaining fifteen (15)fireworks
booths.
Environmental Status:
This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections
1'5060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change
in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the
CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for
resulting in physical change to the environment, directly or indirectly.
Strategic Plan Goal:
Goal 2 - Fiscal Stability, Strategy A- Consider new revenue sources and opportunities to support the
City's priority initiatives and projects.
Attachment(s):
1. Resolution No. 2024-08, "A Resolution of the City Council of the City of Huntington Beach revising
and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal
Code Chapter 5.90 regarding safe and sane fireworks."
•
City of Huntington Beach Page 2 of 2 Printed on 3/13/2024
powere144 Legistar''
RESOLUTION NO. 2024-08
A RESOLUTION:OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REVISING AND RESTATING
RESOLUTION NO. 2016-01 RELATED TO IMPLEMENTING
CHARTER SECTION 805 AND,MUNICIPAL CODE CHAPTER 5.90
REGARDING-•SAFE AND SANE FIREWORKS
WHEREAS,the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
- NOW,THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The City Manager is hereby authorized to implement this Resolution,
Huntington Beach Municipal Code.(HBMC).Chapter 5.90 and Charter Section 805.
SECTION 2. No Permit, as defined by the HBMC, shall be issued to any Qualified
Organization-that does not satisfy the requirements provided in this Resolution or HBMC
Chapter 5.90.
A. The maximum number of Permits that may be issued shall be sixteen(16)Permits during
• any one calendar year as follows: one(1) Permit issued to a City Foundation and a
maximum of five Permits shall be issued to Qualified Organisations in each of the three
categories provided below,to which an applicant may apply for only one of the
categories:
Youth Sports—Youth sports organizations operating within the City whose main
purpose is to benefit a valid youth sports activity. Examples include but are not limited to Little
-League, "AYSO" soccer,youth football,basketball,tennis, or golf. This category does not
include individual club or travel sports teams, or high school extracurricular activities/sports.
High School—High schools operating within the City that agree to use the proceeds for
the benefit of valid student extracurricular activities/sports shall be allowed to submit one
application.
• Civic Organizations—Civic organi7ations operating within the City whose sole purpose
is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington
Beach, shall be allowed to submit one application. This category does not include high school
extracurricular activities or youth or adult sports organizations.
RESOLUTION NO. 2024-08
B Each year, one (1) Permit shall be issued to a City related organization or Foundation
which is defined as a Charitable Orgrni7at1on that has been established as a result of a
partnership with a Specific City Department and has the primary purpose of financially
supporting City Services and operations. This Charitable Organisation must have a
- current Memorandum of Understanding with the City of Huntington Beach. Sixty
percent of the,proceeds from this booth will be given to the Foundation,and forty percent
will be provided to the City of Huntington Beach to help offset the costs related to the
City's Independence Day festivities. In year one(1) alottery will be held to determine •
the award for the`fireworks booth. To determine order for future years, any
Organisations or Foundations added after the lottery will be placed at the bottom of the
• list. No Foundation may be awarded or operate two booths in the same year.
Foundations will not be entered into the annual lottery.
C. Applications may be filed with the City Clerk beginning March 1st, continuing up to 5:00
p.m. on the last business day in March of the same year, at which time the filing period
for that year will be closed.
D. The City Clerk shall conduct a lottery to choose fifteen qualified Permittees that may sell
- 'fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted
during a City Council meeting with the City Clerk using some means of random
selection.
E. In addition to the requirements of} MC Chapter 5.90, Qualified Applicants must be
organized primarily for veterans;patriotic,welfare, civic betterment,religious, athletic,
- •.educational, youth development or charitable purposes;must have their principal and
permanent meeting place within the City; and provide direct and regular community
services and benefits to the residents of the City.
F. If more than one application is submitted on behalf of any nonprofit organization or
affiliated organization,the City may disregard one or all of the applications at its sole
discretion. Any attempt to transfer an application shall void that application and may
• preclude an applicant from participating in the lottery in future years.
• "G. On a form provided by the City, Qualified Organizations shall provide: the proposed
location of the fireworks stand;the name, address and 24-hour telephone number of one
or more responsible adults who will be in charge of and responsible for the fireworks
stand during the period fireworks are sold, displayed or stored at such location; and ,
written permission from the owner of record and/or lessor and/or management company
of the property upon which said fireworks stand is proposed to be located; the proof of
the applicant's status as a qualified organization; date when the applicant was organized
and established;the names and addresses of the officers,if any,of the applicant;the
name, address, and California State Fire Marshal's license number of any wholesaler or
distributor from whom the.Qualified Applicant or retailer proposes to purchase for resale;
the applicant's State Board of Egnali7.ation sales tax permit number;the manner,method
and times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy
of the requisite retail sales permit issued by the Office of the California State Fire
24-14157/331590 2
RESOLUTION.NO. 2024-08
Marshal; and evidence of a temporary sales tax permit from the California State Board of
Equalization.
SECTION 3. .Perm ttees shall provide certificates of insurance evidencing the following
minimum coverage and limits. Insurance shall,be provided by an insurer authorized. to do
business in California with a current A.M..Best's rating of no less than an A-:VI.
A. 'General Liability:. Commercial general liability insurance'with coverage at least as broad
as Insurance Services .Office form .CG 00 01, in an amount not less than one million
dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general
aggregate, for bodily injury,,. personal injury; and property damage without limitation,
blanket contractual liability. General liability policies shall provide or be endorsed using
Insurance Services Office forms CG 2Q 26 or equivalent, to provide that City and its
officers, elected 'or appointed officials, employees, agents and volunteers shall be
additional insureds.under such policies. There shall be no exclusions, included in or
added to the policy, for fireworks sales or similar activities allowable under this permit.
B. The insurance coverage provided and limits required hereunder, are minimum
requirements and.are not intended to limit Permittee's indemnification obligations under
'Section 4 below, nor do the indemnity obligations limit the rights of the insured parties to
the coverage afforded by their insured status. Requirements of specific coverage features
or limits contained in this Section 3 are not intended as a limitation on coverage, limits or
other requirements, or a waiver -of any coverage normally,provided by insurance.
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive, or
to the exclusion of other coverage,or a waiver of any type.
C. Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications must be declared to and approved by the City.
D. Permittee shall include all sub-Permittees or subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements to each sub-Permittee.
E. Permittee shall provide to City, certificates,of insurance and endorsements, as required,
as evidence of the insurance coverage required herein.
SECTION 4. Permittees agree, as a condition of receiving a Permit,to protect, defend,
indemnify, and hold harmless,the City,the City Council, its officers, elected or appointed
officials, employees, agents, and volunteers from and against any and all third party claims,
damages, losses, expenses,judgments, demands and defense costs,however caused,resulting
from death or injury to Permittee employees,volunteers, customers, and/or any third party,
_ and/or damage to Permittee property, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part
by any actor omission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
24-14157/331590 3
RESOLUTION NO. 2024-08
limited to, concurrent active negligence, except where caused by the sole active negligence, or
willful misconduct of the City.
In the event of an injury, claim,lawsuit, or any other dispute,the Permittee will conduct all legal
defenses to those injuries, claims,lawsuits, or any other disputes, including the defense of the
City if applicable, at its sole cost and expense, and at no cost or expense to the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and insurance policies
are applicable. The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Permittee.
SECTION 5. Each Permittee shall provide the City with a listing of reported profit from
its Firework Stand located in the City.
SECTION 6. City Council Resolution No. 2016-01, and all other resolutions in conflict
herewith, are hereby repealed.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19th day of March, 202.4D
ayor
REVIEWED APPRO D: APPROVED AST ORM:
,
Ci anager City Attorney
INITIATED AND APPROVED:
ire r of C unity&Library Services
24-14157/331590 4
Res. No. 2024-08
STATE OF CALIFORNIA •
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
'I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said_City Council
- at a Regular meeting thereof held on March 19, 2024 by the following vote:
AYES: Moser, Bolton, Burns, Van Der Mark, Strickland, McKeon, Kalmick
NOES: None
ABSENT: None
.RECUSE: None
e6l-411014A4)
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
Dept ID CK 15-007 Page 1 of 2
Meeting Date 1/19/2016
D
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/19/2016
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Joan L Flynn, CIVIC, City Clerk
PREPARED BY: Joan L Flynn, CIVIC, City Clerk
SUBJECT: Approve for introduction Ordinance No 4077 amending Huntington Beach
Municipal Code (HBMC) Section 5 90 - Fireworks, and, adopt Resolution No
2016-01 to better define the categories of High Schools, Youth Sports, and Civic
Organizations
Statement of Issue
It is necessary to modify HBMC Section 5 90 — Fireworks to correct minor grammatical and content
errors It is also necessary to repeal Resolution No 2015-04 and approve a new resolution that
strengthens the application review process, and better defines the criteria that qualifies an
organization to apply for a permit to sell safe and sane fireworks in Huntington Beach during the
specified timeframe for the July 4th holiday
Financial Impact
None
Recommended Action
A) Approve for Introduction Ordinance No 4077, "An Ordinance of the City Council of the City of
Huntington Beach Amending Sections 5 90 070 and 5 90 080 of the Huntington Beach Municipal
Code Relating to Fireworks," and,
B) Adopt Resolution No 2016-01, "A Resolution of the City,Council of the City of Huntington Beach
Revising and Restating Resolution No 2015-04 Related to Implementing Charter Section 805 and
Municipal Code Chapter 5 90 Regarding Safe and Sane Fireworks "
Alternative Action
Do not approve request and provide alternative direction
Analysis
On November 4, 2014, registered voters in the City of Huntington Beach approved Measure T
amending the City Charter to permit the sale, possession, display, use and discharge of safe and
sane fireworks, subject to regulation by the City Council July of 2015 marked the first year the City
facilitated a process set forth by resolution for the orderly distribution and sale of safe and sane
fireworks The process directed "Qualified Organizations" to apply for a permit to sell fireworks
during a specified timeframe (March 1 through March 31, 2015) The City Clerk and City Manager
were responsible to review/qualify each applicant based on their ability to satisfy requirements set
forth in Resolution 2015-04
HB -223- Item 10. - I
Dept ID CK 15-007 Page 2 of 2
Meeting Date 1/19/2016
The process proved somewhat problematic when applications submitted were Incomplete or
contained Information that could not be substantiated Errors most commonly found related to
501(c)(3) status (formed less than one year, taxpayer ID #'s could not be verified), Insufficient
membership lists (did not contain 20 names residing in Huntington Beach), meeting location
address (could not be verified), and, some organizations were geographically broad and provided
minimal benefit to Huntington Beach residents Time spent to resolve the issues discussed
surpassed the time staff was prepared to manage the process, especially in regard to incomplete
applications where emails and calls to applicants for additional information went unanswered
At the close of the application process, the High School category garnered 42 application approvals
(Edison - 13, Ocean View - 10, Huntington Beach - 9, Marina - 9, and Brethren Christian - 1) At
the fireworks permit lottery held on April 20, 2015, Ocean View was awarded three permits, and two
alternate permit positions The remaining two permits were awarded to Edison and Marina high
schools, with Marina drawing an alternate permit position Staff received negative feedback about
one high school being awarded so much opportunity to raise funds through fireworks sales
Staff from the City Attorney, Fire, and City Clerk's departments met to discuss options for modifying
the code and/or resolution to strengthen the process Recommendations were presented to
Council at the November 16 Study Session and direction was given by Council to meet with the 4tn
of July Board Council Liaisons to finalize a draft for submittal back to City Council for approval The
recommendations have been incorporated into the draft documents now being presented Attached
is a PowerPoint presentation which outlines the modifications being recommended for approval
Environmental Status
Not applicable
Strategic Plan Goal
Non-Applicable—Administrative Item
Attachment(s)
1 Ordinance No 4077, "An Ordinance of the City Council of the City of Huntington Beach
Amending Sections 5 90 070 and 5 90 080 of the Huntington Beach Municipal Code
Relating to Fireworks", and Legislative Draft
2 Resolution No 2016-01, "A Resolution of the City Council of the City of Huntington Beach
Revising and Restating Resolution No 2015-04 Related to Implementing Charter Section
805 and Municipal Code Chapter 5 90 Regarding Safe and Sane Fireworks " (Repeals
Resolution No 2015-04)
3 PowerPoint entitled "Fireworks Resolution and Ordinance Updates "
Item 10. - 2 xs -224-
ORDINANCE NO 4077
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 5 90 070 AND 5 90 080 OF THE
HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO FIREWORKS
The City Council of the City of Huntington Beach does hereby ordain as follows-
SECTION 1 Section 5 90 070 of the Huntington Beach Municipal Code is hereby
amended to lead as follows
5.90.070 Sale of Safe and Sane Fireworks—Application Process
Each yeas, the City Manager may issue Permits for the sale of Safe and Sane Fireworks to
Qualified Organizations by means of a lottery system The number of Permits considered for the
lottery shall be determined by City Council by Resolution If a question arises as to whether a
nonprofit, charity or group is a Qualified Oiganization as defined in this Chapter, the City
Council Liaisons to the 4th of July Boaid will make the determination at their sole discretion.
Prior to the lottery,any Qualified Oiganization that wishes to participate in selling Safe and Sane
Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates
and times described by Resolution No Qualified Oiganization shall be permitted more than one
location to sell Safe and Sane Fireworks If moie than one Permit Application is submitted, the
City may disregard one, or all, of the Permit Applications at its sole discretion
Each of the foul Huntington Beach public high schools shall, upon submittal of an application,
be awai ded one Permit Private Huntington Beach high schools may each enter one application
and a lottery drawing will be held among the private high school Applicants for a fifth high
school Permit Each high school which receives a Pe]mrt will hold its own lottery between its
student clubs and organizations and dedicate the stand to not mole than two groups If no private
high school submits an application, then the four public high schools will be entered into a
lottery for the fifth high school Permit
In addition to information iequiied in the Permit Application, the Qualified Organization shall
provide the following
A A wi]tten and signed statement, that the Qualified Organization,prioi to receipt of a
Permit,will provide the City a certificate evidencing policies of insurance as required by
the City pursuant to its administrative regulations.
B Pioof that the Qualified Oiganization meets the iequiiements of this Chapter
C The Peim]t Application shall be signed by an authorized office] or director of the
Qualified Oiganization who shall attest to the ve]acrty of all statements in the Permit
Application
15-4916/128074
1
ordinance A0 . 4077
D At least one of more representatives of a Permittee shall attend a Fireworks Stand safety
seminar approved by the City The failure of a Pei7nittee to attend the safety seminar
may result in the revocation of its Permit to sell Safe and Sane Fireworks
The final Permit Applications with supporting documentation shall be filed with the City Clerk
asset forth by Resolution In the event the Qualified Oi ganization is unable to provide the
information required on the Permit Application and any supplemental information iequiied by
the City Clerk, prior to submittal deadline, the Qualified Organization will not be permitted to
participate in the lottery. The City Clerk may request infoiniation clarifying of explaining the
Qualified Organization's Permit Application.
SECTION 2 Section 5 90 080 of the Huntington Beach Municipal Code is hereby
amended to read as follows
5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand
A. No person shall knowingly sell fiiewoiks to any person under the age of 18 years old.
B. It shall be illegal to sell fiiewoiks except between noon and 10:00 p.m. on July 1st, 2nd
and 31d and between 10.00 a in and 9.00 p in. on July 4th.
C No person under the age of 18 years old shall sell of participate in the sale of Safe and
Sane Fireworks
D No person shall be paid any consideration by the Permittee of any Fireworks Wholesalei
of Safe and Sane Fireworks foi selling of otherwise paiticipating in the sale of Safe and
Sane Fnewoiks This shall not apply to licensed security personnel during sale or non-
sale hours and to the party authorizing the location of the Fneworks Stand on its property
The Fiie Chief of his of hei designee may revoke the fiiewoiks storage permit and/or
local business permit of any Fireworks Wholesalei violating the terms of this section
E Safe and Sane Fireworks must iemain at the location listed on the Permit unless written
approval to relocate is obtained from the Fire Cl-uef of his of hei designee
Unsold Safe and Sane Fireworks may be tianspoited back to the Fireworks Wholesaler, outside
of the City, in compliance with Department of Tiansportation regulations for transporting
firewoiks aftei 9 00 p in on July 4th
15-4916/128074
2
vruinance no . 4vii
SECTION 4 This Ordinance shall become effective 30 days after its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
t egulat meeting thereof held on the 1st day of February , 2016
yor
ATTEST: APPROVED AS T RM:
sty Clerk V City Attoiney
1 tc6
REVIE ED AND APPROVED INITIATED A PPROVED
CVY Managei Assistant City Manages
15-4916/128074
3
Ord. No. 4077
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven, that the foregoing ordinance was read to said City Council at a Regular
meeting thereof held on January 19, 2016, and was again read to said City Council at a
Regular meeting thereof held on February 1,2016, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy,Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published
in the Huntington Beach Wave on February 11,2016
In accordance with the City Charter of said City
Joan L Flynn, City Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
Ordinance No . , 4077,
LEGISLATIVE DRAFT OF
HBMC SECTIONS 5 90 070 AND 5.90 080
5.90.070 Sale of Safe and Sane Fireworks—Application Process
Each year, the City Manager may issue Permits for the sale of Safe and Sane Fireworks
to Qualified Organizations by means of a lottery system. The number of Permits
Apphea tons- considered for the lottery shall be determined by City Council by
Resolution If a question arises as to whether a nonprofit, chanty or group is a Qualified
Organization as defined in this Chapter, the City Man gef-7-.Council Liaisons to the 4th of
July Board will make the determination at hts-�their sole discretion.
Prior to the lottery, any Qualified Organization that wishes to participate in selling Safe
and Sane Fireworks must complete a Permit Application and return it to the City Clerk
prior to the dates and times described by Resolution No Qualified Organization shall be
permitted more than one location to sell Safe and Sane Fireworks If more than one
Permit Application is submitted, the City may disregard one, or all, of the Permit
Applications at its sole discretion
Each of the four Huntington Beach public high schools shall, upon submittal of an
application, be awarded one Permit Private Huntington Beach high schools may each
enter one application and a lottery drawing will be held among the private high school
Applicants for a fifth high school Permit Each high school which receives a Permit will
hold its own lottery between its student clubs and organizations and dedicate the stand to
not more than two groups. If no private high school submits an application, then the four
public high schools will be entered into a lottery for the fifth high school Permit
In addition to information required in the Permit Application, the Qualified Organization
shall provide the following:
A A written and signed statement, that the Qualified Organization,prior to receipt of
a Permit, will provide the City a certificate evidencing policies of insurance as
required by the City pursuant to its administrative regulations
B Proof that the Qualified Organization meets the requirements of this Chapter.
C The Permit Application shall be signed by an authorized officer or director of the
Qualified Organization who shall attest to the veracity of all statements in the Permit
Application
D.At least one or more representatives of a Permitee shall attend a Fireworks Stand
safety seminar approved by the City The failure of a Permittee to attend the safety
seminar may result in the revocation of its Permit to sell Safe and Sane Fireworks.
The final Permit Applications with supporting documentation shall be filed with the City
Clerk as set forth by Resolution In the event the Qualified Organization is unable to
provide the information required on the Permit Application and any supplemental
information required by the City Clerk, prior to submittal deadline, the
Qualified Organization will not be permitted to participate in the lottery The City Clerk
may request information clarifying or explaining the Qualified Organization's Permit
Application (4045-3/15)
15-4916/130176 1
5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand
A.No person shall knowingly sell fireworks to any person under the age of 18 years
old.
B.It shall be illegal to sell fireworks except between noon and 10.00 p.m on July
1 st, 2nd and 3rd and between 10.00 a in and 9:00 p in on July 4th
shall sell ef 0 0 Fifeworks.
DC No person under the age of 18 years old shall sell or participate in the sale of
Safe and Sane Fireworks
ED No person shall be paid any consideration by the Permittee or any Fireworks
Wholesaler of Safe and Sane Fireworks for selling or otherwise participating in the
sale of Safe and Sane Fireworks. This shall not apply to licensed security personnel
during sale or non-sale hours and to the party authorizing the location of the
Fireworks Stand on its property. The Fire Cluef or his or her designee may revoke
the fireworks storage permit and/or local business permit of any Fireworks
Wholesaler violating the terms of this section
EE. Safe and Sane Fireworks must remain at the location listed on the Permit unless
written approval to relocate is obtained from the Fire Chief or his or herAesignee
Unsold Safe and Sane Fireworks may be transported back to the Fireworks Wholesaler,
outside of the City, in compliance with Department of Transportation regulations for
transporting fireworks after 9.00 p.m on July 4th. (4045-3/15)
15-4916/130176 2
FATIcnjlAMEIVT #2
RESOLUTION NO 2016-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REVISING AND RESTATING
RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5 90
REGARDING SAFE AND SANE FIREWORKS
WHEREAS, the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows-
SECTION 1. The City Managei is hereby authorized to implement this resolution,
Huntington Beach Municipal Code (HBMC) Chaptei 5.90 and Charter Section 805.
SECTION 2 No Permit, as defined by the HBMC, shall be issued to any Qualified
Organization that does not satisfy the requirements provided in this Resolution or HBMC
Chapter 5.90
A. The maximum number of Permits that may be issued shall be fifteen Permits during any
one calendar yeas as follows a maximum of five Permits shall be issued to Qualified
Organizations in each of the three categories provided below, to which an applicant may
apply for only one of the categories
Youth Sports—Youth sports organizations operating within the City whose main
purpose is to benefit a valid youth sports activity Examples include but aie not limited to little
league, "AYSO" soccer, youth football, basketball, tennis, of golf This category does not
include individual club of travel sports teams, of high school extracurriculai activities/sports
High School—High schools operating within the City that agree to use the proceeds for
the benefit of valid student extracurricular activities/sports shall be allowed to submit one
application
Civic Organizations — Civic organizations operating within the City whose sole purpose
is for civic betterment, of charitable or religious purposes to and for the citizens of Huntington
Beach, shall be allowed to submit one application This category does not include high school
extracurricular activities or youth or adult sports organizations
15-4916/128089 docx 1
Kesolution Ao . LUlb-Ul
B Applications may be filed with the City Clerk beginning Mai ch 1 S`, continuing up to 5 00
p m on the last business day in March of the same year, at which time the filing period
foi that year will be closed
C The City Clerk shall conduct a lottery to choose fifteen qualified Permrttees that may sell
fiieworks in the City pui suant to HBMC Chapter 5 90 The lottery will be conducted
during a City Council meeting with the City Clerk using some means of random
selection
D In addition to the requirements of HBMC Chaptei 5.90, Qualified Applicants must be
organized piimaiily for veterans, patriotic, welfare, civic betterment, religious, athletic,
educational, youth development of charitable purposes, must have their piincipal and
permanent meeting place within the City, and provide dnect and regular community
services and benefits to the residents of the City
E If more than one application is submitted on behalf of any nonprofit organization of
affiliated organization, the City may disiegaid one of all of the applications at its sole
discretion Any attempt to transfei an application shall void that application and may
pieclude an applicant fiom participating in the lottery in futuie years.
F. On a form provided by the City, Qualified Oiganizations shall provide- the proposed
location of the fireworks stand, the name, addiess and 24-hour telephone number of one
of moie responsible adults who will be in chaige of and iesponsible foi the fireworks
stand during the per iod fireworks are sold, displayed or stoi ed at such location, and
written permission fiom the owner of record and/or lessor and/oi management company
of the property upon which said fireworks stand is proposed to be located, the proof of
the applicant's status as a qualified organization, date when the applicant was organized
and established; the names and addresses of the officers, if any, of the applicant, the
name, address, and California State Fiie Marshal's license number of any wholesaler or
distributor fiom whom the Qualified Applicant or retailer proposes to purchase foi resale,
the applicant's State Board of Equalization sales tax permit number, the manner, method
and times regarding how the applicant proposes to sell Safe and Sane Fireworks, a copy
of the requisite ietail sales permit issued by the Office of the California State Fire
Marshal, and evidence of a temporary sales tax permit from the California State Board of
Equalization
SECTION 3 Permrttees shall piovrde evidence of insurance evidencing the following
minimum coverage and limits Insurance shall be provided by an insurer authorized to do
business in California with a curient A M Best's rating of no less than an A- VI
A General Liability Commercial general liability insurance with coverage at least as broad
as Insurance Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000 00) per occurrence, two million dollars ($2,000,000 00) general
aggregate, for bodily injury, personal injury, and property damage without limitation,
blanket contractual liability General liability policies shall piovrde or be endorsed using
Insurance Services Office forms CG 20 26 of equivalent, to piovrde that City and its
15-4916/128089 docx 2
Resolution No . 2016-01
officers, elected or appointed officials, employees, agents and volunteers shall be
additional insureds under such policies Theie shall be no exclusions, included in or
added to the policy, for fireworks sales or similar activities allowable wider this permit
B The insurance coverage provided and limits required hereunder aie minimum
requirements and are not intended to limit Permittee's indemnification obligations under
Section 4 below, nor do the indemnity obligations limit the rights of the inswed parties to
the coverage afforded by their insured status Requiements of specific coverage features
or limits contained in this Section 3 aie not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by insurance
Specific reference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive, or
to the exclusion of other coverage, or a waives of any type
C Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications must be declared to and approved by the City
D Permittee shall include all sub-Peimittees or subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements to each sub-Permittee.
E Permittee shall provide to City, certificates of insurance and endorsements, as required,
as evidence of the insurance coverage iequiied herein.
SECTION 4. Permittees agree, as a condition of receiving a Pei mit, to protect, defend,
indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed
officials, employees, agents, and volunteers from and against any and all third party claims,
damages, losses, expenses,judgments, demands and defense costs, however caused, resulting
from death or injury to Peimittee employees, volunteers, customers, and/or any thud party,
and/oi damage to Permittee property, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part
by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
limited to, concurrent active negligence, except where caused by the sole active negligence, or
willful misconduct of the City
In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal
defenses to those injuries, claims, lawsuits, of any other disputes, including the defense of the
City if applicable, at its sole cost and expense, and at no cost of expense to the City
The City shall approve selection of Permittee's counsel This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and insurance policies
are applicable The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Permittee.
15-4916/128089 docx 3
Resolution nu . -
SECTION 5 Each Fitewoiks Wholesaler shall provide the City with a listing of
reported profit from each of its Fiieworks Stands located in the City
SECTION 6 City Council Resolution No 2015-04, and all other resolutions in conflict
herewith, are hereby repealed
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 t h day of January , 2016
A6 A A.&.. � 'V�
"X404-
REVIEWED D APPROVED APPROVED AS TO FORM•
City an r City"Attoiney
INI D AN PROVED
l
Assistant City Managei
15-4916/128089 docx 4
Res. No. 2016-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on January 19, 2016 by the following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City ClVrk and ex-offidV Clerk of the
City Council of the City of
Huntington Beach, California
L-ATTACHMENT #3
1/19/2016
RESOLUTION ♦ . ,
ORDINANCE
UPDATES
o Youth Sports definition restricts individual
club or travel sports teams from applying.
o Civic Organizations definition removes adult
sports organizations from consideration.
o Defines Civic Organizations as one whose sole
purposed (versus main purpose) is directed to
the citizens of HB.
o Removes the requirement for 20 members
who reside or work in the City.
o Requires Firework Vendors to provide the city
with a listing of permittee's reported profits.
SUPPLEMENTAL
COMMUNICATION
Meeting Date; / - ;i ) 1
Agenda Ihtn No. /L)
1/19/2016
>eaeaeeM,er,hw���, � �c��e +a�Y-� see eA4e'+eca�,.
*Moves the final decision on lottery entry to
the Council Liaisons to the 41h of July Board.
o Removes the limitation naming which adults
can work in the stand.
o Amends the insurance requirements per Risk
Management.
�w e.,eAe�why,,g`M Fit. � rce-,•� we.b5e� b�-+reew�ati.
o Removes multiple applications per school.
Each applying public school will receive 1
stand, applying private schools will go into
the lottery for the additional stand. (if no
private schools apply, the 51h stand will be
lotteried between the applying public
schools).
o Schools will hold their own lottery between
their student extracurricular activities/sports
organizations and dedicate the stand to not
more than two groups.
2
1/19/2016
Questions?
3
Flynn, Joan
From: Surf City Pipeline [noreply@user govoutreach com]
Sent: Tuesday, January 19, 2016 2 44 PM
To: CITY COUNCIL, Agenda Alerts
Subject: Surf City Pipeline Comment on an Agenda Item (notification)
Request#24945 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Comment
Request area: City Council - Agenda& Public Hearing Comments
Citizen name: Susan Welfringer
Description: Greetings Mayor & City Council,
On behalf of the Ocean View HS PTSO, I'm sending a quick note regarding Fireworks
Booths I appreciate all the work Mrs Flynn has put into this program and I appreciate
the recommendation that each high school be awarded one booth
I would like to state again that based on need - with our four high schools serving over
10,000 students - it would be ideal for each high school to be given two booths
To manage this solution, possibly the number of booths could be increased from 15 to
18 Or possibly there is not as great a population need for five youth group selections in
lottery?I don't want to sound "greedy," but I know from the stories I hear at high school
that there are so many ways this money could make a positive difference for so many
students Either way, I wanted to send this quick(but late, sorry) thought to council that
there is a very great need - at the high school level
Thank you for your consideration
Expected Close Date: January 20, 2016
Click here to access the request
Note This message is for notification purposes only Please do not reply to this email Email replies are not
monitored and will be ignored
/0
.k
sk IyFad."
j,
Item 10. - 12
_ o
Q -�V�
t� C�n _ O U L
c M ,.� Q) Q�
•� Ln O Q
> Q,
s r�
-� ® 3Ln
� �, � E
.�' o Ln N >
Q O 0 Q
_ cn U
V) � r
Q) E .Q � �
- , n Ln Q)
•� E
O O 4-
= ,® , Q O'
Q, ,N N U O r
_ Q, O
Q .�
� -O
on U •� N
O Ln Q) U Q, cn
Q Q � N >
� U 4-J O
® •> Q� Q Q)
O J
ii Iteill 10. - l3
4.. _
0 -0
O ®cn O W-- a--J °v •
_r_ •> ® � .� V
U O
Q) 4-
d" O ® �' �, ,-, ro O
® � ®co O . 0- -, x c6
a ' � Q ^ � O N�
a -1
O
.I- cn V > cCS ?' � Q) on L
O O O � ) D O E
cn c� O cn +,
4�
Lon Q) VVi _0 r cn
� O 0 � 4�
O
® -0 o O V > O > cn
� � W Ln � � ® � -0 M �
Item 10. - 14 ,f,-
All
L^•
I 1
•� 4-J v
V •r- •�-J
4, O
4-J Q- 4�
4� I O-
O V V)
> L- C
0 O 3 a�
a�
�n E
o
4-J
O 4-,
4� E U
•�
O E 4J can
3 O
cn � Ln 'a"' E
O
ar
i (aE �
•�
00-00
,l
v < �
fl - ItL'll1 10. - � >
8-
lv
Item 10. - 16 1til',
i
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
FfB �) 1909 F� Office of the City Clerk
' Joan L. Flynn, City Clerk
April 7, 2016
Mr Troy Adlawan
Edison Charger Aquatics Complex
9891 Silver Strand Drive
Huntington Beach, CA 92646
Re Your Application for a Fireworks Stand
Dear Mr Adlawan
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m. The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntinetonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
(�:D
i L Flyn n
i Clerk
ity of Huntington Beach
Szster Cities Anjo,Japan ♦ Waztakere, New Zealand
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
F Office of the City Clerk
fg 171909A �
Joan L. Flynn, City Clerk
April 7, 2016
Mr Richard Sundeii
Veterans of Foreign Wars, Post 9557, West Orange County
PO Box 7051
Huntington Beach, CA 92615
Re Your Application for a Fireworks Stand
Dear Mr Sundeii
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
(:JLFlynn
lerk
City of Huntington Beach
Sister Cities AnJo,Japan ♦ Waitakere, New Zealand
_ City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Eg 171909P \
/ Joan L. Flynn, City Clerk
April 7, 2016
Mr Alan Gandall
SaveOurField Org Inc
9082 Pioneer Drive
Huntington Beach, CA 92646
Re Your Application for a Fireworks Stand
Dear Mr Gandall
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organisation is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
(::
i L Flynn
i Clerk
City of Huntington Beach
Szster Cztzes Anjo,Japan ♦ Waitakere, New Zealand
- City of Huntington Beach
4 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
�FB Office of the City Clerk
�� iea9
Joan L. Flynn, City Clerk
April 7, 2016
Ms Danyelle Petersen
StationKid
5011 Argosy Avenue, Suite 3
Huntington Beach, CA 92649
Re Your Application for a Fireworks Stand
Dear Ms Petersen.
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntinatonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
n L Flynn
ty Clerk
City of Huntington Beach
Sister Cities Anjo, Japan ♦ Waitakere, New Zealand
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
fifB ✓"P°" Office of the City Clerk
77 1909
/ Joan L. Flynn, City Clerk
April 12, 2016
Mr M C "Buzz" Chambers
The National Exchange Club, Pacific Coast
24761 Via Princesa
Lake Forest, CA 92630
Re Your Application for a Fireworks Stand
Dear Mr. Chambers
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlayer php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
J n L Flynn
C y Clerk
ity of Huntington Beach
Sister Cities AnJo, Japan ♦ Waitakere, New Zealand
ram" City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
fB 77 1904 P �
/ Joan L. Flynn, City Clerk
April 12, 2016
Ms Keariene Muizz
Positive Resistance
419 Main Street#230
Huntington Beach, CA 92648
Re. Your Application for a Fireworks Stand
Dear Ms Muizz
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlayer phOpublish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
Jo L. Flynn
C Clerk
Ci y of Huntington Beach
Szster Citzes Anjo,Japan ♦ Wartakere, New Zealand
1
City of Huntington Beach
71-LL 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
Eg I71909P �
/ Joan L. Flynn, City Clerk
April 13, 2016
Ms Ashley Penner
Huntington Beach Jr All American Football
P 0 Box 2245
Huntington Beach, CA 92647
Re Your Application for a Fireworks Stand
Dear Ms Penner:
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlayer php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
qJonn
ntington Beach
Sister Cities Anjo, Japan ♦ Wartakere,New Zealand
City of Huntington Beach
- 2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
fB 77 190E F Office of the City Clerk
/ Joan L. Flynn, City Clerk
April 13, 2016
Ms Shereen Walter
NHB Futbol Club, Inc
19252 Chandon Lane
Huntington Beach, CA 92648
Re Your Application for a Fireworks Stand
Dear Ms Walter-
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting. This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntingtonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
�ij
Joa L Flynn
Clay Clerk
City of Huntington Beach
Sister Cities AnJo, Japan ♦ Waitakere, New Zealand
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Y
» 1909 Office of the City Clerk
FfB P� \
Joan L. Flynn, City Clerk
April 7, 2016
Mr Mario Dailey
Marina Jr All-American Football and Cheer
7071 Warner Avenue#F350
Huntington Beach, CA 92647
Re Your Application for a Fireworks Stand
Dear Mr Dailey
Your application to operate a 2016 fireworks stand in the City of Huntington was received and
reviewed by City officials While your organization is a worthy non-profit, it does not meet the
full criteria for inclusion in the lottery, and therefore this year we must decline your application
Should you wish to view the lottery process, it will take place at the April 18, 2016, City Council
meeting This meeting will be held in the City Council Chambers at the Civic Center, 2000 Main
Street beginning at 6 00 p m The meeting will be carried live on Channel 3 or you can access
the meeting real-time via your computer or mobile device at
http //huntinatonbeach granicus com/MediaPlaver php?publish id=34
We wish you every success in your other fundraising endeavors
Sincerely,
an L Flynn
ity Clerk
ity of Huntington Beach
Sister Cities AnJo, Japan ♦ Waitakere, New Zealand
City of Huntington Beach
2000 Main Street ♦ Huntington Beach, CA 92648
(714) 536-5227 ♦ www.huntingtonbeachca.gov
Office of the City Clerk
/ Joan L. Flynn, City Clerk
APPLICATIONS FOR SAFE AND SANE
FIREWORKS SALES 2016 RECEIVED
FROM CIVIC, YOUTH SPORTS, AND HIGH
SCHOOL ORGANIZATIONS WILL NOT BE
SCANNED, BUT ARE ON FILE IN THE CITY
CLERK'S OFFICE.
Sister Cities. Anjo,Japan ♦ Wartakere, New Zealand
N Huntington Beach Safe and Sane
�- Fireworks Information - 2016
Get ready to celebrate the Fourth of Julyl It is now legal to use safe and sane fireworks in the City of Huntington Beach on the
4ch of July from Noon to 10 p m (see Huntington Beach Municipal Code for requirements on places of discharge) With the passage
of Measure T,the City Council wrote regulations to help non-profit organizations raise money and for all residents to have a safe 4th
of July Non-profit organizations may apply for the opportunity to operate one of 15 allowed fireworks stands to raise funds for their
charitable cause
Application Process
■ A maximum of 15 permits allowing the sale of safe and sane fireworks within the City will be issued each year to non-profit
organizations using a lottery system within the following categories
o Youth Sports(5)
➢Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity Examples include
but are not limited to little league,"AYSO"soccer,youth football,basketball,tennis,or golf This category does not include individual
club or travel sports teams,or high school extracurricular activities/sports
o High School(5)
➢ High schools operating within the City that agree to use the proceeds for the benefit of valid student extracurricular activities/sports shall
be allowed to submit one application
➢ Each of the four Huntington Beach public high schools shall,upon submittal of an application,be awarded one Permit Each public high
school that receives a Permit will hold its own lottery between its student clubs and organizations,and dedicate the stand to not more
than two groups Private Huntington Beach high schools may each enter one application and a lottery drawing will be held among the
private high school Applicants for a fifth high school Permit If no private high school submits an application,then the four public high
schools will be entered into a lottery for the fifth high school Permit
o Civic Organizations(5)
➢ Civic organizations operating within the City,whose sole purpose is for civic betterment or chartable or religious purposes to and for the
citizens of Huntington Beach,shall be allowed to submit one application This category does not include high school extracurricular
activities or youth or adult sports organizations
■ To participate, non-profit groups must complete an application and be deemed qualified
■ Completed original applications must be returned to the City Clerk's office between Tuesday, March 1, and Thursday, March 31
by500pm
■ No e-mailed or faxed applications will be accepted
■ Applications are not given priority based on date of submittal
■ The City Clerk shall conduct a lottery during the second City Council meeting in April
■ Applicants must(in addition to other requirements on the application)
o Be a registered non-profit organization (Tax ID Number)
o Have a principal and permanent meeting place within the City
o Provide direct and regular community services and benefits to residents of the City
■ One application per organization
Applications for qualified organizations will be available in the City Clerk's Office on Tuesday, March 1 and on the City's Website at
http//www huntinatonbeachca oov/fireworks/ If you have any questions or need additional information, please call the City Clerk's
Office at 714 536-5227 Applications are due to the City Clerk's office by Thursday, March 31 at 5 00 p m
Reoulatrons
Key elements of the regulations include
■ Safe and Sane Firework sales allowed on July 1, 2, and 3 from Noon—10 p m and on July 4 from 10 a m —9 p m
■ Discharge of Safe and Sane Fireworks is only allowed on July 4 from Noon—10 p m
■ Fireworks MAY NOT be discharged
o On any beach,wetlands,or public parks
o All areas on the ocean side of Pacific Coast Highway(e g Sunset Beach)
o Within 10 ft of any residence,dwelling or other structure or oil wells
o Public Property, including public streets, highways and other publicly owned property, buildings or facilities(except
residential sidewalks,alleys, and streets)
o Properties located in commercial and i ndustnal/manu factu ring districts
o Within 300 ft of a fireworks stand or within 100 ft of a gas station/flammable liquids
o See ordinance and resolution for additional regulations
■ Improper discharge of Safe and Sane fireworks or discharge of illegal fireworks is subject to a$500 citation
■ Residents may discharge fireworks on their residential street, however,to help keep Huntington Beach clean, please properly
dispose of spent fireworks properlyl Do not leave them in the streets
Have a Safe 4th of July!
CITY OF HUNTINGTON BEACH
IOU 2000 Main Street Phone (714) 536-5227
California 92648 www huntingtonbeachca gov
APPLICATION TO SELL SAFE AND SANE FIREWORKS - PART A
1. INSTRUCTIONS—PART A
Applicants shall complete "Part A" of this form in order to determine eligibility.
• Annual application filing period begins on March 1st and ends on the last business day of
March
• Applications are available in the City Clerk's Office or on the City's website at
www huntingtonbeachca gov/fireworks/
• Applications obtained from the City's website may be filled out on a computer, but
cannot be saved electronically nor is the electronic signature feature available
• Completed original applications must be returned to the City Clerk's Office by the last
business day of March by 5 00 p m No emailed or faxed applications will be accepted
The final Permit Applications with supporting documentation shall
be filed with the City Clerk as set forth by Resolution In the event
the Qualified Organization is unable to provide the information
required on the Permit Application by the City Clerkprior to
submittal deadline, the Qualified Organization will not be
permitted to participate an the lottery The City Clerk may request
information clarifying or explaining the information presented on
the Qualified Organization's Permit Application
• Pursuant to the City Ordinance, a lottery will be held during a City Council meeting in
April
• A maximum of 15 permits will be issued
• Applications are not given priority based on date of submittal
Please refer to City of Huntington Beach Municipal Code Chapter 5 90 and Resolution No 2016-01 for
additional and specific requirements
1
PART A: Temporary Fireworks Stand Sales Application
1 Name and address of Qualified Organization
2 Does your Qualified Organization meet the criteria in categories (a-e) below? O Yes O No
a) The organization meets the definition of a Qualified Organization, which is defined in
Huntington Beach Municipal Code Chapter 5 90 as any non-profit including, but not limited
to, 501(c)(3) or other charity as defined by Federal or State law, or a group which is an
integral part of or recognized by a non-profit or charity and in existence for at least one year
prior to submitting a Permit Application or an Elementary, Junior High and/or High School
and/or school district and recognized affiliates that serves, the residents of the City or public
and/or private community college, college and/or university which is located within the
boundaries of the City
b) The organization is organized primarily for veterans,) patriotic, welfare, civic betterment,
religious, athletic, educational, youth development, or charitable purposes
c) The organization has its principle and permanent meeting place within the City of Huntington
Beach
d) The organization is one which provides direct and regular community services and benefits
to the residents of the City of Huntington Beach
e) The organization has not been administratively or criminally guilty of violating any local,
State or Federal law or had a Permit revoked within 24 calendar months prior to the
organization's submittal of a Permit Application
3 Attach proof of Qualified Organization's status as a non-profit organization
4 Location of Qualified Organization's principle and permanent meeting location
5 Indicate when the Qualified Organization was established and provide documentation
2
6 Names and addresses of the officers of the Qualified Organization, if any
7 If approved to be issued a Temporary Fireworks Stand Permit, prior to issuance of said Permit,
will your Qualified Organization provide the City with a certificate evidencing policies of insurance,
as required by the attached City Resolution 2016-01?
O Yes O No
8 Provide a written statement describing the benefits the Qualified Organization provides to the
community
3
9 Category Applicant requests (Please choose only one)
O Youth Sports, O High School or O Civic Organization
Youth Sports— Youth Sports organizations operating within the City whose main purpose is to benefit a
valid youth sports activity Examples include, but are not limited to, Little League, AYSO soccer, youth football,
basketball, tennis, and golf This category does not include individual club or travel sports teams, or high school
extracurricular activities/sports It could include elementary school or Jr High Youth Sports
High School—High Schools operating within the City which agree to use the proceeds for the benefit of
valid student extracurricular activities/sports shall be allowed to submit one application (All student
e-rtracurricular activities/sports/boostergroiips should submit their applications directli to their high school which
will hold their own lottery for not more than two groups to share a stand) 4pplvtng Huntington Beach Public
High schools will each receive one stand, and applying Huntington Beach private high schools will be placed in a
lottery for the one remaining stand)
Civic Organizations — Civic organizations operating within the City whose sole purpose is for civic
betterment, or charitable or religious purposes to and for the citizens of Huntington Beach This category does not
include High School sport/extracurricular activities or youth or adult sports organizations
The undersigned hereby applies for a permit to sell "Safe and Sane Fireworks" as a retailer pursuant to
all rules and regulations adopted by the California State Fire Marshal, all other applicable code
standards, and to the Safe and Sane Fireworks Ordinance and Resolution established by the City of
Huntington Beach
Name and title of authorized officer or director of Qualified Organization
(Print name and title)
Signature Date
Certificate of applicant. I declare, under penalty of perjury under the laws of the state of California, that I
am a duly appointed agent of the entity submitting this application and have been authorized by its board
to submit this application on its behalf. I further declare, under penalty of perjury, that the information
provided in this application is true and correct. I understand the issuance of this permit shall not be
deemed or construed to be a permit to conduct an illegal act or unlawful business prohibited by law or
requiring other approvals which have not yet been obtained. I further understand that any false
statements may result in the denial of the requested permit or revocation of any issued permit
Applicant's Printed Name
Applicant's Signature
Phone Date
4
ORDINANCE NO 4077
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
AMENDING SECTIONS 5 90 070 AND 5 90 080 OF THE
HUNTINGTON BEACH MUNICIPAL CODE
RELATING TO FIREWORKS
The City Council of the City of Huntington Beach does hereby ordain as follows
SECTION I Section 5 90 070 of the Huntington Beach Municipal Code is hereby
amended to Lead as follows
5.90.070 Sale of Safe and Sane Fireworks—Application Process
Each year,the City Manager may issue Permits for the sale of Safe and Sane Fireworks to
Qualified Organizations by means of a lottery system. The number of Peimits considered for the
lottery shall be determined by City Council by Resolution If a question arises as to whether a
nonpioftt, chairty or group is a Qualified Organization as defined in this Chapter, the City
Council Liaisons to the 4th of July Board will make the determination at their sole discretion.
Prior to the lottery, any Qualified Organization that wishes to participate to selling Safe and Sane
Fireworks must complete a Permit Application and return it to the City Clerk prior to the dates
and times described by Resolution. No Qualified Organization shall be permitted more than one
location to sell Safe and Sane Fireworks If more than one Permit Application is submitted, the
City may disregard one, or all, of the Permit Applications at its sole discretion
Each of the four Huntington Beach public high schools shall, upon submittal of an application,
be awarded one Permit Private Huntington Beach high schools may each enter one application
and a lottery drawing will be held among the private high school Applicants for a fifth high
school Permit Each high school which receives a Peim►t will hold its own lottery between its
student clubs and organizations and dedicate the stand to not mote than two groups If no private
htgh school submtts an application, then the four public high schools will be entered into a
lottery for the fifth high school Permit
In addition to tnformation tequired in the Permit Application, the Qualified Organization shall
provide the followung
A A written and signed statement, that the Qualified Organization,prior to receipt of a
Petmit, will provide the City a certificate evidencing policies of insurance as required by
the Ctty pursuant to its administrative regulations.
B Proof that the Qualified Organization meets the iequirennents of this Chapte►
C The Permit Application shall be signed by an authorized officer or director of the
Qualified Organization who shall attest to the veracity of all statements in the Permit
Application
154916/128074
1
Ordinance No . 4077
D At least one of more representatives of a Pennritee shall attend a Fireworks Stand safety
seminar approved by the City The failure of a Permittee to attend the safety seminar
may result in the revocation of its Permit to sell Safe and Sane Fireworks
The final Permit Applications with supporting documentation shall be filed with the City Clerk
as set forth by Resolution In the event the Qualified Organization is unable to provide the
information required on the Permit Application and any supplemental information required by
the City Clerk, prior to submittal deadline, the Qualified Organization will not be permitted to
participate in the lottery The City Clerk may request information clarifying or explaining the
Qualified Organization's Permit Application
SECTION 2 Section 5 90 080 of the Huntington Beach Municipal Code is hereby
amended to read as follows
5.90.080 Safe and Sane Fireworks—Operation of Fireworks Stand
A. No person shall knowingly sell fireworks to any person under the age of 18 years old
B. It shall be illegal to sell fieworks except between noon and 10.00 p m. on July lst, 2nd
and 3rd and between 10.00 a m and 9.00 p m. on July 4th.
C No person under the age of 18 years old shall sell of participate in the sale of Safe and
Sane Fiieworks
D No person shall be paid any consideration by the Permittee or any Fireworks Wholesaler
of Safe and Sane Fireworks fot selling or otherwise participating in the sale of Safe and
Sane Fireworks. This shall not apply to licensed security personnel dui ing sale or non-
sale hours and to the party authorizing the location of the Fireworks Stand on its property
The Fire Chief or his of her designee may revoke the fireworks storage permit and/or
local business permit of any Fireworks Wholesalei violating the terns of this section
E Safe and Sane Fuewoiks must remain at the location listed on the Pei mit unless written
approval to relocate is obtained fionn the Fne Chief or his of her designee
Unsold Safe and Sane Fireworks may be tiansported back to the Fireworks Wholesaler,outside
of the City, in compliance with Department of Tiansportation regulations for transporting
fireworks after 9 00 p m on July 4th
15-4916/128074
2
Ordinance No. 4077
SECTION 4 This Ordinance shall become effective 30 days aver its adoption
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
i egular meeting thereof held on the 1st day of February ,2016
r yor
ATTEST- APPROVED AS RM.
4*90()W.
ity Clerk V ity Attorney
,j t'o(b
REVIE ED AND APPROVED INITIATED A PPROVED
C' y Manage► Assistant City Manager
15-4916/128074
3
Ord. No. 4077
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN,the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of Huntington
Beach is seven,that the foregoing ordinance,was read to said City Council at a Regular
meeting thereof held on January 19,2016, and was again read to said City Council at a
Regular meeting thereof held on February 1, 2016, and was passed and adopted by the
affirmative vote of at least a majority of all the members of said City Council
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
I,Joan L Flynn,CITY CLERK of the City of Huntington
Beach and ex-officio Clerk of the City Council,do hereby
certify that a synopsis of this ordinance has been published ,
in the Huntington Beach Wave on February 11,2016
In accordance with the City Charter of said City v/
Joan L Flynn,Cijy Clerk City Clerk and ex-officio Clerk
Senior Deputy City Clerk of the City Council of the City
of Huntington Beach, California
5
RESOLUTION NO 2016-01
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REVISING AND RESTATING
RESOLUTION NO 2015-04 RELATED TO IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5 90
REGARDING SAFE AND SANE FIREWORKS
WHEREAS,the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations, and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows-
SECTION 1. The City Managei is hereby authorized to implement this resolution,
Huntington Beach Municipal Code(IIBMC) Chapter 5 90 and Charter Section 805.
SECTION 2 No Permit, as defined by the HBMC, shall be issued to any Qualified
Organization that does not satisfy the i equirements provided in this Resolution or HBMC
Chapter 5.90.
A. The maximum number of Permits that may be issued shall be fifteen Permits during any
one calendar yeai as follows a maximum of five Permits shall be issued to Qualified
Organizations in each of the three categories provided below, to which an applicant may
apply fot only one of the categories-
Youth Sports—Youth sports organizations operating within the City whose main
purpose is to benefit a valid youth sports activity Examples include but are not limited to little
league, "AYSO" soccer, youth football, basketball, tennis, or golf This category does not
include individual club or travel sports teams, or high school exttacuriicular activities/sports
High School—High schools operating within the City that agree to use the proceeds for
the benefit of valid student extracurricular activities/sports shall be allowed to submit one
application.
Civic Organizations—Civic organizations operating within the City whose sole purpose
is for civic betterment, or charitable or religious purposes to and for the citizens of Huntington
Beach, shall be allowed to submit one application This category does not include high school
extracurricular activities or youth or adult sports organizations
15-4916/128089 docx 1
Resolution No. 2016-01
B Applications may be filed with the City Clerk beginning March 1", continuing up to 5 00
p m on the last business day in March of the same year, at which time the filing period
for that year will be closed
C The City Clerk shall conduct a lottery to choose fifteen qualified Permittees that may sell
fireworks in the City pursuant to HBMC Chapter 5.90 The lottery will be conducted
during a City Council meeting with the City Clerk using some means of random
selection.
D In addition to the requirements of HBMC Chapter 5.90, Qualified Applicants must be
organized primarily for veterans,patriotic, welfare, civic bettei rnent,,religious, athletic,
educational, youth development or charitable purposes; must have their pi tncipal and
permanent meeting place within the City, and provide direct and regular community
services and benefits to the residents of the City
E If mole than one application is submitted on behalf of any nonprofit organization of
affiliated organization, the City may disregard one or all of the applications at its sole
discretion Any attempt to tiansfer an application shall void that application and may
preclude an applicant from participating in the lottery in future years.
F On a form provided by the City, Qualified Orgaivzations shall provide- the proposed
location of the fireworks stand, the name, address and 24-hour telephone number of one
or more responsible adults who will be in charge of and iesponsible for the fireworks
stand during the period fireworks are sold, displayed or stored at such location, and
written permission from the owner of record and/or lessor and/oi management company
of the property upon which said fireworks stand is proposed to be located, the proof of
the applicant's status as a qualified organization, date when the applicant was organized
and established, the names and addresses of the officers, if any, of the applicant, the
name, address, and California State Fire Marshal's license number of any wholesaler or
distributor from whom the Qualified Applicant or retailer proposes to purchase for resale,
the applicant's State Board of Equalization sales tax permit numbei, the manner, method
and times regarding how the applicant proposes to sell Safe and Sane Fiieworks, a copy
of the requisite ietail sales permit issued by the Office of the California State Fire
Marshal, and evidence of a temporary sales tax peinut from the California State Board of
Equalization
SECTION 3 Permittees shall provide evidence of insurance evidencing the following
minimum coverage and limits Insurance shall be provided by an insurer authoiized to do
business in California with a curient A M Best's rating of no less than an A- VI
A General Liability Commercial general liability insurance with coverage at least as broad
as Insurance Services Office form CG 00 01, in an amount not less than one million
dollars ($1,000,000 00) per occurrence, two million dollars ($2,000,000.00) general
aggregate, for bodily injury, personal injury, and property damage without limitation,
blanket contractual liability Geneial liability policies shall provide or be endorsed using
Insurance Services Office forms CG 20 26 or equivalent, to provide that City and its
15-4916/128089 docx 2
Resolution No. 2016-01
officers, elected or appointed officials, employees, agents and volunteers shall be
additional insureds under such policies There shall be no exclusions, included in or
added to the policy, for ftrewotks sales or similar activities allowable under this pen-nit
B The insurance coverage provided and limits required hereunder are minimum
requirements and are not intended to limit Pennittee's indemnification obligations under
Section 4 below, nor do the indemnity obligations limit the tights of the insured parties to
the coverage afforded by their insured status Requirements of specific coverage features
or limits contained in this Section 3 are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by insurance
Specific ieference to a given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to be all inclusive, or
to the exclusion of other coverage, or a waiver of any type
C Any deductibles, self-insured retentions or similar forms of coverage limitations or
modifications must be declared to and approved by the City
D Permittee shall include all sub-Peimittees or subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements to each sub-Permittee
E. Permittee shall provide to City, certificates of insurance and endorsements, as required,
as evidence of the insurance coverage required heiem.
SECTION 4 Permittees agree, as a condition of iecetving a Permit, to protect, defend,
indemnify, and hold harmless, the City, the City Council, its officers, elected or appointed
officials, employees, agents, and volunteers fiom and against any and all third party claims,
damages, losses, expenses,judgments, demands and defense costs, however caused, resulting
from death or injury to Permittee employees, volunteers, customers, and/or any thud party,
and/or damage to Permittee propeity, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by vu-tue of the Permit issuance, caused in whole or in part
by any act or omission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
limited to, concurrent active negligence, except where caused by the sole active negligence, or
willful misconduct of the City.
In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal
defenses to those injuries, claims, lawsuits, or any other disputes, including the defense of the
City if applicable, at its sole cost and expense, and at no cost or expense to the City
The City shall approve selection of Pennittee's counsel This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and insurance policies
are applicable The policy limits do not act as a limitation upon the amount of indemnification to
be provided by Permittee
15-4916/128089 doex 3
Resolution No . 2016-01
SECTION 5 Each Fireworks Wholesaler shall provide the City with a listing of
reported profit from each of its Fireworks Stands located in the City
SECTION 6 City Council Resolution No 2015-04, and all other resolutions in conflict
herewith,are hereby repealed
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 19 th day of January , 2016
REVIE ED D APPROVED- APPROVED AS '1 O FORM.
CityglAgir 7 City Attoi ney p
INF �D AN PROVED
Assistant City Manages
15-4916/128089 docx 4
Res. No. 2016-01
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, JOAN L FLYNN the duly elected, qualified City Clerk of the City of
Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby
certify that the whole number of members of the City Council of the City of
Huntington Beach is seven, that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on January 19, 2016 by the following vote
AYES: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson
NOES: None
ABSENT: None
ABSTAIN: None
City Nrk and ex-officV Clerk of the
City Council of the City of
Huntington Beach, California