HomeMy WebLinkAboutTRANSMITTALS FROM DEPARTMENTS TO RECEIVE AND FILE 10A CITY OF HUNTINGTON BEACH
INTER-DEPARTMENT COMMUNICATION
TO: Joan Flynn, City Clerk a
FROM: Scott Hess, Acting Director of Planni
DATE: September 5, 2006
SUBJECT: TRANSMITTAL OF HUNTINGTON BEACH PLAITING DEPARTMENT
HISTORICAL SLIDES
The subject information, which consists of photographic slides and maps of the City of
Huntington Beach Planning Department projects throughout the past three decades, is
being transferred to the City Clerk's Office in order to preserve the data's historical
value. An index binder is provided in order to identify each slide and map.
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CITY SERVICES"F
H m' Human Resources DIV"Wn
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DATE: August 14 2006
TO: Joan Flynn
City Clerk 11
FROM: Irma Youssefieh
Human Resources Manager
Secretary to the Personnel Commission
SUBJECT: Personnel Board Resolutions
On behalf of the Personnel Board, we request that the attached resolutions be received
and filed with the City records.
The preference would be that the resolutions are stored in a central location, rather than
chance difficulty locating these important documents among storage files.
Attachments:
Resolution No. 1, Passed and Adopted March 24, 1971 —A resolution of the Personnel
Board of the City of Huntington Beach setting the time and place of its meetings.
Resolution No. 2, Passed and Adopted March 24, 1971 —A resolution of the Personnel
Board of the City of Huntington Beach recommending adoption to the City Council of
Amendment of Chapter 18 of the Huntington Beach ordinance code.
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PRINCIPAL AMOUNT: $ 1, 171,575.00
LOAN NUMBER: 607-000-EPP
PROJECT TERM: 06/24/92 - 03/31/94
ENERGY PARTNERSHIP PROG ENERGY ASSISTANCE LOAN AGREEMENT
THIS AGREEMENT IS EFFECTIVE AS OF THE DATE BOTH PARTIES HAVE SIGNED THIS
AGREEMENT, IN THE STATE OF CALIFORNIA, BY AND BETWEEN THE STATE OF
CALIFORNIA, CALIFORNIA ENERGY COMMISSION, 1516 NINTH STREET, SACRAMENTO, CA
95814, HEREINAFTER "COMMISSION, " AND CITY OF HUNTINGTON BEACH, 2000 MAIN
STREET, HUNTINGTON BEACH CA 92648, HEREINAFTER "BORROWER. "
1. AUTHORITY
A. PURSUANT TO THE PURPOSES AUTHORIZED BY SECTION 25442 OF THE
CALIFORNIA PUBLIC RESOURCES CODE, THE COMMISSION HAS APPROVED
BORROWER'S LOAN APPLICATION DATED May 18 , 1992 , WHICH IS NOT
ATTACHED BUT IS EXPRESSLY INCORPORATED BY REFERENCE HEREIN.
B. SUBJECT TO THE TERMS, COVENANTS, AND CONDITIONS CONTAINED HEREIN,
AND THE ATTACHED BUDGET DETAIL TO THE EXTENT IT MODIFIES
BORROWER'S LOAN APPLICATION, THE COMMISSION SHALL MAKE A LOAN TO
BORROWER IN THE AMOUNT OF ONE MILLION ONE HUNDRED SEVENTY ONE
THOUSAND FIVE HUNDRED SEVENTY FIVE DOLLARS ($1, 171,575.00)
EVIDENCED BY A PROMISSORY NOTE FOR LOAN NUMBER 607-000-EPP,
ATTACHED HERETO AS EXHIBIT A.
2. GENERAL TERMS
A. THE BORROWER AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS THE
STATE, ITS OFFICERS, AGENTS, AND EMPLOYEES FROM ANY AND ALL
CLAIMS AND LOSSES ACCRUING OR RESULTING TO BORROWER AND TO ANY
AND ALL CONTRACTORS, SUBCONTRACTORS, MATERIALMEN, LABORERS, AND
ANY OTHER PERSON, FIRM, OR CORPORATION FURNISHING OR SUPPLYING
WORK, SERVICES, MATERIALS, OR SUPPLIES IN CONNECTION WITH THE
PERFORMANCE OF THIS AGREEMENT, AND FROM ANY AND ALL CLAIMS AND
LOSSES ACCRUING OR RESULTING TO ANY PERSON, FIRM, OR CORPORATION
WHO MAY BE INJURED OR DAMAGED BY THE BORROWER IN THE PERFORMANCE
OF THIS CONTRACT.
B. THE BORROWER, AND THE AGENTS AND EMPLOYEES OF BORROWER, IN THE
PERFORMANCE OF THIS AGREEMENT, SHALL ACT IN AN INDEPENDENT
CAPACITY AND NOT AS OFFICERS OR EMPLOYEES OR AGENTS OF THE STATE
OF CALIFORNIA.
C. WITHOUT THE WRITTEN CONSENT OF THE COMMISSION, THIS AGREEMENT IS
NOT ASSIGNABLE OR TRANSFERABLE BY BORROWER EITHER IN WHOLE OR IN
PART.
D. TIME IS OF THE ESSENCE IN THIS AGREEMENT. BORROWER IS REQUIRED
TO TAKE TIMELY ACTIONS WHICH, TAKEN COLLECTIVELY, MOVE TO
COMPLETION OF THE PURPOSE FOR WHICH THIS LOAN WAS AWARDED.
THE COMMISSION PROJECT MANAGER WILL PERIODICALLY EVALUATE THE
- 1 -
PROGRESS TOWARD COMPLETION. IF THE COMMISSION PROJECT MANAGER
DETERMINES THAT THE LOAN RECIPIENT IS NOT PROGRESSING TOWARD
COMPLETION WITHIN TWO (2) YEARS OF THE DATE THE LOAN DOCUMENTS
WERE SIGNED BY THE COMMISSION, THE COMMISSION PROJECT MANAGER
MAY, WITHOUT PENALTIES OR PREJUDICE TO ANY OF THE COMMISSION'S
REMEDIES, TERMINATE THIS AGREEMENT.
E. NO ALTERATION OR VARIATION OF THE TERMS OF THIS AGREEMENT SHALL
BE VALID UNLESS MADE IN WRITING AND SIGNED BY THE PARTIES HERETO,
AND NO ORAL UNDERSTANDING OR AGREEMENT NOT INCORPORATED HEREIN,
SHALL BE BINDING ON ANY OF THE PARTIES HERETO.
3 . PURPOSE
THE BORROWER AGREES TO EXPEND ALL FUNDS ADVANCED PURSUANT TO THIS
AGREEMENT ONLY FOR THE PURPOSES AND IN THE AMOUNTS SET FORTH IN THE
ATTACHED BUDGET DETAIL. IN THE EVENT THE COMMISSION DETERMINES THAT
FUNDS HAVE BEEN EXPENDED WITHOUT PRIOR WRITTEN APPROVAL BY THE
COMMISSION FOR PURPOSES OTHER THAN THOSE SPECIFIED, THE FULL AMOUNT OF
THE LOAN, INCLUDING PRINCIPAL AND INTEREST, SHALL BE IMMEDIATELY DUE
AND PAYABLE.
4. LOAN DISBURSEMENT SCHEDULE
A. THE COMMISSION AGREES TO DISBURSE FUNDS TO THE BORROWER UPON THE
PROPER EXECUTION OF THE ATTACHED PROMISSORY NOTE AND ANY
APPROPRIATE SECURITY INSTRUMENTS, AND REQUIRED SUPPLEMENTAL
DOCUMENTS, INCLUDING INVOICES AS REQUIRED IN THE FOLLOWING
PARAGRAPH.
B. LOAN FUNDS SHALL BE DISBURSED ON A REIMBURSEMENT BASIS BASED ON
INVOICES SUBMITTED BY BORROWER IN A FORM APPROVED BY THE
COMMISSION. BILLINGS MUST BE PROVIDED TO SUBSTANTIATE THE
REQUEST. COMMISSION STAFF WILL APPROVE INVOICES ONLY AFTER
VERIFYING REQUESTED AMOUNTS AGAINST BACKUP BILLINGS AND
DETERMINING EXPENSES ARE APPROPRIATE AND USED FOR THE PURPOSE OF
THE LOAN.
C. TEN PERCENT (10%) OF THE TOTAL LOAN AMOUNT WILL BE WITHHELD AS
RETENTION UNTIL THE FINAL REPORT IS RECEIVED AND THE COMMISSION'S
PROJECT MANAGER DETERMINES THE PROJECT HAS BEEN SATISFACTORILY
COMPLETED.
D. AN ADVANCE OF UP TO TEN PERCENT (10%) OF THE TOTAL LOAN MAY BE
REQUESTED AT THE START OF THE PROJECT. SUBSEQUENT ADVANCES MAY
BE ALLOWED WHEN RECEIPT OF FUNDS ON A REIMBURSEMENT BASIS
PRESENTS AN UNDUE HARDSHIP TO THE BORROWER.
5. INTEREST
THE LOAN HEREIN SHALL BEAR SIMPLE INTEREST AT THE ANNUAL RATE SET
FORTH IN THE ATTACHED PROMISSORY NOTE ON THE PRINCIPAL BALANCE OF LOAN
FUNDS DISBURSED TO THE BORROWER. PAYMENT OF SAID INTEREST SHALL BE
DUE AT THE TIME OF REPAYMENT OF THE LOAN TO THE COMMISSION, AND
INTEREST SHALL ACCRUE FROM THE TIME OF DISBURSAL OF FUNDS TO THE
BORROWER UNTIL RECEIPT OF FULL REPAYMENT BY THE COMMISSION.
2
6. TERM
A. THE EFFECTIVE DATE OF THIS AGREEMENT SHALL BE THE LAST DATE OF
EXECUTION.
B. THE BORROWER AGREES TO COMPLETE PERFORMANCE OF ITS OBLIGATIONS
UNDER THIS AGREEMENT WITHIN THE PERIOD STATED IN THIS AGREEMENT.
7. REPAYMENT
ALL FUNDS ADVANCED HEREUNDER, TOGETHER WITH ALL INTEREST PAYABLE
THEREON, SHALL BE REPAID TO THE COMMISSION IN ACCORDANCE WITH THE
TERMS OF THE PROMISSORY NOTE.
8. PREPAYMENT
BORROWER SHALL HAVE THE RIGHT TO PREPAY ALL OR ANY PART OF THE AMOUNT
OF THIS LOAN AT ANY TIME WITHOUT PENALTY.
9. PROMISSORY NOTE
IN ORDER TO EVIDENCE ITS DEBT TO THE COMMISSION HEREUNDER, THE
BORROWER AGREES TO, CONTEMPORANEOUSLY WITH THE EXECUTION OF THIS
AGREEMENT, EXECUTE AND DELIVER TO THE COMMISSION A PROMISSORY NOTE.
10. FEDERAL OMB CIRCULARS
THE OFFICE OF MANAGEMENT AND BUDGET (OMB) CIRCULARS CHECKED BELOW ARE
INCORPORATED AS PART OF THIS AGREEMENT.
X COMMON RULE FOR UNIFORM ADMINISTRATIVE REQUIREMENTS FOR
GRANTS AND COOPERATIVE AGREEMENTS TO STATE AND LOCAL
GOVERNMENTS (10 CFR PART 600, SUBPART E)
OMB CIRCULAR A-110: UNIFORM ADMINISTRATIVE REQUIREMENTS
FOR GRANTS AND AGREEMENTS WITH
INSTITUTIONS OF HIGHER EDUCATION,
HOSPITALS, AND OTHER NON-PROFIT
ORGANIZATIONS
X OMB CIRCULAR A-87: COST PRINCIPLES FOR STATE AND LOCAL
GOVERNMENTS
OMB CIRCULAR A-21: COST PRINCIPLES FOR EDUCATIONAL
INSTITUTIONS
OMB CIRCULAR A-128: AUDITS OF STATE AND LOCAL
GOVERNMENTS
OTHER:
NONE
3 -
11. ACCOUNTS
A. IF REQUESTED BY THE COMMISSION, THE BORROWER AGREES TO DEPOSIT
ALL FUNDS RECEIVED UNDER THIS AGREEMENT IN A SEGREGATED ACCOUNT
IN AN INSTITUTION WHOSE DEPOSITS ARE INSURED BY THE FEDERAL OR
THE STATE GOVERNMENT.
B. THE BORROWER FURTHER AGREES TO ESTABLISH ON ITS BOOKS A SEPARATE
ACCOUNT FOR THIS LOAN. THIS ACCOUNT SHALL BE MAINTAINED AS LONG
AS THE LOAN OBLIGATION REMAINS UNSATISFIED.
C. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS THAT ACCURATELY
AND FULLY SHOW THE DATE, AMOUNT, PURPOSE, AND PAYEE OF ALL
EXPENDITURES DRAWN ON SAID ACCOUNT.
D. THE BORROWER FURTHER AGREES TO UTILIZE A VOUCHER SYSTEM BY WHICH
ALL EXPENDITURES FROM SAID ACCOUNT WILL BE AUTHORIZED AND
AUTHENTICATED.
E. THE BORROWER FURTHER AGREES TO ALLOW THE COMMISSION OR ANY OTHER
AGENCY OF THE STATE OR THE FEDERAL GOVERNMENT, ON WRITTEN
REQUEST, TO HAVE REASONABLE ACCESS TO, AND THE RIGHT OF
INSPECTION OF, ALL RECORDS THAT PERTAIN TO SAID ACCOUNT. THE
BORROWER ALSO AGREES TO SUBMIT TO AN INDEPENDENT AUDIT, IF
REQUESTED BY THE COMMISSION, AT THE EXPENSE OF THE BORROWER.
F. THE BORROWER FURTHER AGREES TO MAINTAIN RECORDS FOR THREE (3)
YEARS FOLLOWING PROJECT COMPLETION SHOWING THE COST OF THE ENERGY
SAVED AS A RESULT OF IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR
IN PART BY THIS LOAN. FOR EACH OF THE THREE (3) YEARS FOLLOWING
PROJECT COMPLETION, BORROWER SHALL COMPUTE THE COST OF THE ENERGY
SAVED BY IMPLEMENTING THE PROJECT FUNDED IN WHOLE OR IN PART BY
THIS LOAN AND SHALL SUBMIT ANNUAL REPORTS TO THE COMMISSION.
G. ALL INVOICES MUST BE SUBMITTED WITHIN SIXTY (60) DAYS OF PROJECT
COMPLETION.
12 . BUDGET
SEMIANNUAL PAYMENTS DUE TO THE COMMISSION UNDER THIS AGREEMENT SHALL
BE MADE FROM SAVINGS IN ENERGY COSTS OR OTHER AVAILABLE FUNDS AS THE
BORROWER CHOOSES. IF BORROWER IS A COUNTY, CITY, TOWN, TOWNSHIP,
BOARD OF EDUCATION, OR SCHOOL DISTRICT, BORROWER AGREES THAT THE
AMOUNT OF THE SEMIANNUAL LOAN REPAYMENT SHALL NOT BE RAISED BY THE
LEVY OF ADDITIONAL TAXES AND SHALL NOT BE A CHARGE AGAINST BORROWERIS
GENERAL FUND, BUT SHALL BE OBTAINED EITHER FROM ACTUAL SAVINGS IN
ENERGY COSTS RESULTING FROM THE SUBJECT ENERGY CONSERVATION PROJECTS
OR OTHER AVAILABLE FUNDS AS THE BORROWER CHOOSES.
13. DEFAULT
A. IN THE EVENT THE BORROWER, FOR ANY REASON, IS UNABLE TO PROCEED
WITH THE PURPOSE OF THIS AGREEMENT, THE COMMISSION MAY DECLARE
THIS AGREEMENT TO HAVE BEEN BREACHED AND BE RELEASED FROM ANY
FURTHER PERFORMANCE HEREUNDER.
4
B. IN THE EVENT OF ANY DEFAULT OR BREACH OF THE AGREEMENT BY THE
BORROWER, THE COMMISSION, WITHOUT LIMITING ANY OF ITS OTHER LEGAL
RIGHTS OR REMEDIES, MAY DECLARE THE PROMISSORY NOTE EVIDENCING
THE LOAN TO BE IMMEDIATELY DUE AND PAYABLE.
14. REPORTING
A. PROGRESS REPORTS ARE DUE SEMIANNUALLY UNTIL PROJECT COMPLETION.
REPORTS ARE DUE JANUARY 31 (FOR THE JULY 1 - DECEMBER 31 PERIOD)
AND JULY 1 (FOR THE JANUARY 1 - JUNE 30 PERIOD) .
B. A FINAL REPORT IS DUE NO LATER THAN 60 DAYS AFTER PROJECT
COMPLETION.
C. A PROGRESS REPORT MUST BE SUBMITTED WITH EACH REQUEST (INVOICE)
FOR LOAN FUNDS.
D. IF REQUESTED BY THE COMMISSION, BORROWER SHALL SUBMIT, WITHIN
TEN (10) DAYS OF THE COMMISSION'S WRITTEN REQUEST, A STATUS
REPORT ON ITS ACTIVITIES TO DATE, PURSUANT TO THIS AGREEMENT.
E. REPORTS SHALL BE IN A FORMAT AS DETERMINED BY THE COMMISSION.
15. NONDISCRIMINATION
A. DURING THE PERFORMANCE OF THIS AGREEMENT, THE BORROWER AND ITS
CONTRACTORS AND SUBCONTRACTORS SHALL NOT DENY THE AGREEMENT'S
BENEFITS TO ANY PERSON ON THE BASIS OF RELIGION, COLOR, ETHNIC
GROUP IDENTIFICATION, SEX, AGE, PHYSICAL OR MENTAL DISABILITY,
NOR SHALL THEY DISCRIMINATE UNLAWFULLY AGAINST ANY EMPLOYEE OR
APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, RELIGION, COLOR,
NATIONAL ORIGIN, ANCESTRY, PHYSICAL HANDICAP, MENTAL DISABILITY,
MEDICAL CONDITION, MARITAL STATUS, AGE, OR SEX. THE BORROWER
SHALL INSURE THAT THE EVALUATION AND TREATMENT OF EMPLOYEES AND
APPLICANTS FOR EMPLOYMENT ARE FREE OF SUCH DISCRIMINATION.
B. THE BORROWER SHALL COMPLY WITH THE PROVISIONS OF THE FAIR
EMPLOYMENT AND HOUSING ACT (GOVERNMENT CODE, SECTION 12900 ET
SEQ. ) , THE REGULATIONS PROMULGATED THEREUNDER (CALIFORNIA CODE OF
REGULATIONS, TITLE 2, SECTION 7285.0 ET SEQ. ) , THE PROVISIONS OF
ARTICLE 9.5, CHAPTER 1, PART 1, DIVISION 3, TITLE 2, OF THE
GOVERNMENT CODE (GOVERNMENT CODE, SECTIONS 11135 - 11139.5) , AND
THE REGULATIONS OR STANDARDS ADOPTED BY THE AWARDING STATE AGENCY
TO IMPLEMENT SUCH ARTICLE.
C. THE BORROWER AND ITS CONTRACTORS AND SUBCONTRACTORS SHALL GIVE
WRITTEN NOTICE OF THEIR OBLIGATIONS UNDER THIS CLAUSE TO LABOR
ORGANIZATIONS WITH WHICH THEY HAVE A COLLECTIVE BARGAINING OR
OTHER AGREEMENT.
D. THE BORROWER SHALL INCLUDE THE NONDISCRIMINATION AND COMPLIANCE
PROVISIONS OF THIS CLAUSE IN ALL CONTRACTS AND SUBCONTRACTS TO
PERFORM WORK UNDER THIS AGREEMENT.
5 -
IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO.
BORROWER (IF OTHER THAN AN
STATE OF CALIFORNIA - INDIVIDUAL, STATE WHETHER A
CALIFORNIA ENERGY COMMISSION CORPORATION, PARTNERSHIP, ETC. )
CITY OF HUNTINGTON BEACH, a municipal
corporation: of the State of California
BY (AUTHOR12ED SIGNATURE) BY (AUTHO SIGNATURE)
ATTE 'T:
CHIEF, FISCAL MANAGEMENT BRANCH
TITLE City Clerk
APPROVED AS '10 FOJRX:
13
DATE P�_6 City Attorney
'VIEWED AND AP `OVER �'
Cnr
IL ADDRESS: CITY OF HUNTINGTON BEACH
Ci y mini tra or DEPARTMENT OF PUBLIC WORKS
I�1ITI D AI D P.OVE P.O. BOX 190
HUNTINGTON BEACH CA 92648
Director, P blic Works
AMOUNT EN BERED:FISCAL YEAR: FUND LOAN NO.
$ 1, 171,575.00 1991-92 :LOCAL JURISDICTION 607-000-EPP
:ENERGY ASSISTANCE
APPROPRIATION : LINE ITEM
3360-609-429, CH. 1343/86 : ALLOTMENT
SEC 2 (A) -ENERGY PROJECTS-EPP
FUND 429 987-EO-00
I HEREBY CERTIFY UPON MY OWN PERSONAL KNOWLEDGE THAT BUDGETED FUNDS ARE
AVAILABLE FOR THE PERIOD AND PURPOSE OF THE EXPENDITURE STATED ABOVE.
---------------------------------------------------------------------------
S G TURE F ACCOUNTING OFFICER ATE
6
BUDGET DETAIL
LOAN NUMBER: 607-000-EPP
RECIPIENT: CITY OF
HUNTINGTON BEACH
BUILDING: CIVIC CENTER;
LIBRARY
BLDG. TYPE: 65- OTHER MULTI
BLDG.
ECM CODE: ZME-MECHANICAL DESCRIPTION: MECHANICAL/HVAC
CEC LOAN BUDGET: $691,406 SENATE DIST: 3 5 , 3 7
ASSEMBLY DIST: 58
PROGRAM: EPP 91
TOTAL BUDGET: $691,406 FINAL COST:
6A -
BUDGET DETAIL
LOAN NUMBER: 607-000-EPP
RECIPIENT: CITY OF
HUNTINGTON BEACH
BUILDING: CIVIC CENTER;
LIBRARY
BLDG. TYPE: 65-OTHER MULTI
BLDG
ECM CODE: ZLI-LIGHTING DESCRIPTION: LIGHTING
CEC LOAN BUDGET: $480,169 SENATE DIST: 35 , 37
ASSEMBLY DIST: 58
PROGRAM: EPP 91
TOTAL BUDGET: $480,169 FINAL COST:
- 6B -
EXHIBIT A
PROMISSORY NOTE
PRINCIPAL AMOUNT: $ 1, 171,575.00
LOAN NUMBER: 607-000-EPP
1. FOR VALUE RECEIVED, THE UNDERSIGNED, CITY OF HUNTINGTON BEACH
(HEREINAFTER REFERRED TO AS THE "BORROWER") , PROMISES TO PAY TO THE
ORDER OF THE STATE OF CALIFORNIA, CALIFORNIA ENERGY COMMISSION
(HEREINAFTER REFERRED TO AS THE "COMMISSION") , AT ITS PRINCIPAL PLACE
OF BUSINESS AT 1516 NINTH STREET, SACRAMENTO, CALIFORNIA 95814, OR AT
SUCH OTHER PLACE AS THE COMMISSION MAY DESIGNATE, THE PRINCIPAL SUM OF
ONE MILLION ONE HUNDRED SEVENTY ONE THOUSAND FIVE HUNDRED SEVENTY FIVE
DOLLARS ($1, 171,575.00) OR SUCH LESSER AMOUNT AS SHALL EQUAL THE
AGGREGATE AMOUNT DISBURSED TO THE BORROWER BY THE COMMISSION, TOGETHER
WITH INTEREST ON THE UNPAID PRINCIPAL COMPUTED FROM THE DATE OF EACH
DISBURSEMENT TO THE BORROWER UNTIL REPAID BY THE BORROWER AT THE
INTEREST RATE OF SIX AND ONE TENTHS PERCENT (6.1%) PER ANNUM.
PRINCIPAL AND INTEREST IS DUE AND PAYABLE IN SEMIANNUAL INSTALLMENTS,
BEGINNING ON DECEMBER 22 OR JUNE 22. FOR PROJECTS COMPLETING BETWEEN
JANUARY 1 AND JUNE 30, PAYMENTS WILL BEGIN ON DECEMBER 22 OF THE SAME
YEAR. FOR PROJECTS COMPLETING BETWEEN JULY 1 AND DECEMBER 31,
PAYMENTS WILL BEGIN JUNE 22 OF THE FOLLOWING YEAR.
2. PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED WITHIN THIRTY (30) DAYS
AFTER ITS DUE DATE SHALL BE CONSIDERED TO HAVE BEEN RECEIVED ON ITS
DUE DATE AND SHALL BE FIRST APPLIED TO ACCRUED INTEREST FROM THE DATE
OF DISBURSAL TO THE BORROWER AND THE BALANCE, IF ANY, TO PRINCIPAL.
PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED MORE THAN THIRTY (30)
DAYS AFTER ITS DUE DATE BUT BEFORE THE NEXT BILLING SHALL BE
CONSIDERED LATE, AND INTEREST ON THE UNPAID PRINCIPAL SHALL ACCRUE
FROM DATE OF DISBURSAL TO THE BORROWER THROUGH THE ACTUAL PAYMENT
DATE. HOWEVER, PAYMENT OF ANY SCHEDULED INSTALLMENT RECEIVED AFTER A
SUBSEQUENT BILLING SHALL BE CONSIDERED OVERDUE, AND INTEREST SHALL
ACCRUE ON THE UNPAID PRINCIPAL FROM DATE OF DISBURSAL TO THE BORROWER
THROUGH THE SUBSEQUENT BILLING DUE DATE OR ACTUAL PAYMENT DATE,
WHICHEVER IS LATER. THE BORROWER MAY PREPAY THIS NOTE IN FULL OR IN
PART, WITHOUT PENALTY, BUT ANY SUCH PREPAYMENT SHALL BE FIRST APPLIED
TO PRINCIPAL AND THE BALANCE, IF ANY, TO ACCRUED INTEREST.
3 . IF ANY INSTALLMENT IS NOT PAID WITHIN THIRTY (30) DAYS AFTER ITS DUE
DATE, THE COMMISSION, AT ITS OPTION, MAY REQUIRE THE BORROWER TO PAY A
LATE CHARGE EQUAL TO FIVE PERCENT (5%) OF THE AMOUNT OF THE
INSTALLMENT OR FIVE DOLLARS ($5.00) , WHICHEVER IS GREATER.
4. ON THE OCCURRENCE OF ANY EVENT OF DEFAULT, THE COMMISSION, AT ITS
SOLE ELECTION, MAY DECLARE ALL OR ANY PORTION OF THE PRINCIPAL AND
ACCRUED INTEREST ON THIS NOTE TO BE IMMEDIATELY DUE AND PAYABLE AND
MAY PROCEED AT ONCE WITHOUT FURTHER NOTICE TO ENFORCE THIS NOTE
ACCORDING TO LAW.
7 -
5. EACH OF THE FOLLOWING OCCURRENCES SHALL CONSTITUTE AN EVENT OF
DEFAULT:
A. FAILURE OF THE BORROWER TO REPAY ANY PRINCIPAL OR INTEREST WHEN
DUE UNDER THE TERMS OF THIS NOTE;
B. TERMINATION OF SAID LOAN AGREEMENT PURSUANT TO THE TERMS THEREOF
OR BREACH BY THE BORROWER OF ANY TERMS OF SAID LOAN AGREEMENT;
C. FAILURE OF THE BORROWER TO UNDERTAKE IN A TIMELY WAY THE EXPRESS
AND IMPLIED ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN
EXECUTED;
D. FAILURE OF THE BORROWER TO OBTAIN PRIOR WRITTEN COMMISSION
APPROVAL BEFORE UNDERTAKING A CHANGE IN THE SCOPE OF THE
ACTIVITIES FOR WHICH SAID LOAN AGREEMENT HAS BEEN EXECUTED; OR
E. OCCURRENCE OF (1) THE BORROWER BECOMING INSOLVENT OR BANKRUPT OR
BEING UNABLE OR ADMITTING IN WRITING ITS INABILITY TO PAY ITS
DEBTS AS THEY MATURE OR MAKING A GENERAL ASSIGNMENT FOR THE
BENEFIT OF OR ENTERING INTO ANY COMPOSITION 'OR ARRANGEMENT WITH
CREDITORS; (2) PROCEEDINGS FOR THE APPOINTMENT OF A RECEIVER,
TRUSTEE, OR LIQUIDATOR OF THE ASSETS OF THE BORROWER OR A
SUBSTANTIAL PART THEREOF, BEING AUTHORIZED OR INSTITUTED BY OR
AGAINST THE BORROWER; OR (3) PROCEEDINGS UNDER ANY BANKRUPTCY,
REORGANIZATION, READJUSTMENT OF DEBT, INSOLVENCY, DISSOLUTION,
LIQUIDATION OR OTHER SIMILAR LAW, OR ANY JURISDICTION BEING
AUTHORIZED OR INSTITUTED AGAINST THE BORROWER.
6. NO DELAY OR FAILURE OF THE COMMISSION IN THE EXERCISE OF ANY RIGHT OR
REMEDY HEREUNDER OR UNDER ANY OTHER AGREEMENT, WHICH SECURES OR IS
RELATED HERETO, SHALL AFFECT ANY SUCH RIGHT OR REMEDY, AND NO SINGLE
OR PARTIAL EXERCISE OF ANY SUCH RIGHT OR REMEDY SHALL PRECLUDE ANY
FURTHER EXERCISE THEREOF, AND NO ACTION TAKEN OR OMITTED BY THE
COMMISSION SHALL BE DEEMED A WAIVER OF ANY SUCH RIGHT OR REMEDY.
7. ANY NOTICE TO THE BORROWER PROVIDED FOR IN THIS NOTE SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED,
ADDRESSED TO THE BORROWER AT THE ADDRESS STATED IN THE LOAN AGREEMENT,
OR TO SUCH OTHER ADDRESS AS THE BORROWER MAY DESIGNATE BY NOTICE TO
THE COMMISSION. ANY NOTICE TO THE COMMISSION SHALL BE GIVEN BY
MAILING SUCH NOTICE BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED, TO
THE COMMISSION AT THE ADDRESS STATED IN THE LOAN AGREEMENT, OR AT SUCH
OTHER ADDRESS AS MAY HAVE BEEN DESIGNATED BY NOTICE TO THE BORROWER.
8 -
8. IF SUIT IS BROUGHT TO COLLECT ANY PART OF THIS NOTE, THE COMMISSION
SHALL BE ENTITLED TO COLLECT ALL REASONABLE COSTS AND EXPENSES OF SAID
SUIT, INCLUDING REASONABLE ATTORNEY'S FEES.
9. THIS NOTE SHALL BE BINDING UPON THE BORROWER AND ITS SUCCESSORS AND
ASSIGNS AND UPON THE COMMISSION AND ITS SUCCESSORS AND ASSIGNS.
10. THIS NOTE SHALL BE CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS
OF THE STATE OF CALIFORNIA.
CITY OF HUNTINGTON BEACH, a .municipal corporation
of the State of California
BORROWER
BY (AUTHOR S GNATURE)
TIT
?l/a
ATTE S 9
DRAT
APPROVED AS TO FORM:
City Clerk
REVIEWED AND APPROVED
C Le y C,
:VITIATED f APPROVED
Ci y Adrmini t ator
Directo Public Works
FAID IN FU[[
-spa
41G#ATURE DATE
9 -
• RESOLUTION NO. 92-0624-06
STATE OF CALIFORNIA
STATE ENERGY RESOURCES CONSERVATION AND DEVELOPMENT COMMISSION
RESOLUTION
WHEREAS, funds have been made available to the State of California as a result of negotiated settlements
and court judgments based upon petroleum company overcharges during the period from September 1973
to January 1981; and
WHEREAS, $4 million of these funds have been appropriated to California Energy Commission through
Senate Bill 880 (Chapter 1343, Statutes of 1986) to provide financial assistance to help local jurisdictions
implement energy projects which can reduce energy costs; and
WHEREAS, city and county governments, in particular, are financially strained and can substantially benefit
from energy efficiency improvements to the large buildings and facilities they own and operate; and
WHEREAS, the requirements that only 75 percent of the energy project cost may be funded through the
Local Jurisdiction Energy Assistance Account and that loans may not exceed $1 million for any one Local
jurisdiction (Chapter 5.4 section 25440-25443) represents a barrier to many City and County government
energy efficiency initiatives; and
WHEREAS, funds allocated for the purpose of energy efficiency improvements to city and county facilities
through this chapter have been under-utilized while similar funding available through the Energy Conservation
Assistance Account which does not contain these restrictions has been heavily used; and
WHEREAS, nine (9) cities have applied to the Commission for 100 percent financing of $2,806,467 for
energy efficiency projects that will collectively save $648,927 annually.
THEREFORE BE IT RESOLVED that it is the unanimous finding of the Energy Commission that the public
interest would be better served by allowing the financing of 100 percent of the cost of energy efficiency
measures for the Cities of Berkeley in the amount of $98,048; Buena Park in the amount of $200,000;
Clovis in the amount of $152,000; Fontana in the amount of $223,247; Loma Linda in the amount of
$25,700; Oakland in the amount of $737,647; San Leandro in the amount of $38,000; Santa Barbara in
the amount of $160,000; and to authorize the City of Huntington Beach to borrow funds in excess of $1
million in the amount of $1,171,575.
BE IT FURTHER RESOLVED that the Energy Commission authorizes the Executive Director or his designee
to consider and approve any modifications to the energy efficiency project, provided that the project, as
modified, remains eligible for financial assistance through the Energy Partnership Program and, also, that the
modified project does not require any additional financial assistance.
DATE: June 24 , 1992 STATE ENERGY RESOURCES CONSERVATION AND
DEVELOPMENT COMMISSION
BARBARA CROWLEY
Vice Chair
10 -
RA)LUTION NO. 6372
Resolution of THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
WHEREAS, the California Energy Commission provides loans to schools, hospitals,local governments
and public care institutions to finance energy efficiency improvements;
NOW THEREFORE, BE IT RESOLVED, that THE CITY COUNCIL
authorizes THE CITY OF HUNTINGTON BEACH to apply for an energy efficiency loan from the
,luslilrNrn,r,u (U,nnl_n(ruu
California Energy Commission to implement energy efficiency measures.
BE IT ALSO RESOLVED, that if recommended for funding by the California
Energy Commission,the CITY COUNCIL authorizes
1(... 2•,'Nl,ly/;'01')
THE CITY OF HUNTINGTON BEACH to accept a loan up to S 1 171,575
BE IT ALSO RESOLVED, that the amount of the loan will be paid in full, plus interest,
under the terms and conditions of the Loan Agreement and Promissory Note of the California Energy
Commission.
BE IT FURTHER RESOLVED, that THE MAYOR AND CITY CLERK is hereby
!,I,rrh„r,_r(I rll;'rilui
authorized and empowered to execute in the name of THE CITY OF HUNTINGTON BEACH all
l,r.urlrr,inu„r r,r<r,u_:rrn,u,
necessary documents to implement and carry out the purpose of this resolution,and to undertake all actions
necessary to undertake and complete the energy efficiency projects.
Passed, Approved and Adopted this 18TH day of MAY , 1992.
AUTHORIZED REPRESENTATIVE:
ATTEST:
,ir,,nNrn'rr
Jim Silva, Mayor City Clerk
- 11 -
STATE OF CALIFORNIA
ENERGY RESOURCES CONSERVATION
AND DEVELOPMENT COMMISSION
1516 NINTH STREET
SACRAMENTO, CALIFORNIA
August 11 , 2006
CITY OF HUNTINGTON BEACH*
Department of Public Works
P .O . Box 190
Huntington Beach, CA 92648
SUBJECT: LOAN NUMBER 607-000-EPP
The above-referenced loan has been paid in full . If you pledged
collateral to secure your loan, the California Energy Commission
(Commission) has begun the steps necessary to release its security
interest .
The Commission staff wishes to express its appreciation for your
participation in this program. If you have any questions regarding
this payoff document, please contact the Accounting Office at (916)
654-4284 . If you have any questions regarding collateral , please
contact the Grants and Loans Office at (916) 654-4381 .
Since el
Account' g ice
Enclosure : Paid in full loan documents
cc : Grants and Loans
Esparza, Patty
From: Daily, Linda
Sent: Monday, August 21, 2006 6:20 PM
To: Esparza, Patty
Subject: RE: Prof. Svc. Contract Matrix
Sorry, it got buried in my inbox. On the Energy Commission Loan---they mailed it to me because I paid the
bills for ten years. How time flies. That is the only"paid in full" official copy so I figured you would want to
keep it.
-----Original Message-----
From: Esparza,Patty
Sent: Monday,August 21,2006 1:14 PM
To: Daily, Linda
Subject: Prof.Svc.Contract Matrix
Thanks for the quick response on the matrix. Where did that other paperwork come from? I am assuming you sent it
here to be filed in the vault? Thx.
Sincerely,
Patty Esparza
Acting Senior Deputy City Clerk
(714) 536-5260
Apply for your passports in the Huntington Beach City Clerk's Office!
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