HomeMy WebLinkAbout2017-01-17 Agenda Packet
FRED A. WILSON
City Manager
MICHAEL E. GATES
City Attorney
ROBIN ESTANISLAU
City Clerk
ALISA CUTCHEN
City Treasurer
AGENDA
Tuesday, January 17, 2017
CITY COUNCIL/PUBLIC FINANCING
AUTHORITY
and
SPECIAL MEETING OF THE
SUCCESSOR AGENCY
CITY OF HUNTINGTON BEACH
4:00 PM - Study Session
6:00 PM - Regular Meeting
Council Chambers - 2000 Main Street
Huntington Beach, CA 92648
http://www.huntingtonbeachca.gov
MAYOR
AND
CITY COUNCIL
BARBARA DELGLEIZE
Mayor
MIKE POSEY PATRICK BRENDEN
Mayor Pro Tem Councilmember
JILL HARDY WILLIAM O’CONNELL
Councilmember Councilmember
ERIK PETERSON LYN SEMETA
Councilmember Councilmember
MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT
In accordance with the Americans with Disabilities Act the following services are available to members of our community who
require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification
will enable the city to make reasonable arrangements. To make arrangements for an assisted listening device (ALD) for the
hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas, please
contact the City Clerk’s Office at (714) 536-5227, or request assistance from the Sergeant-at-Arms at the meeting.
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first
and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency,
Housing Authority, Parking Authority and Civic Improvement Corporation are also agencies on which the Council serves as
members. On each agenda these agencies may have items scheduled.
CITY COUNCIL AGENDA
The City Council agenda and supporting documentation is made available for public review during normal business hours in
the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City
Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday.
The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on
agenda items may be directed to the City Clerk’s Office at (714) 536-5227.
AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS
City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at
http://www.huntingtonbeachca.gov/Government/agendas/.
SUPPLEMENTAL COMMUNICATION
Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of
the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into
a packet by the City Clerk on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of
Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the
City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s
Office the following morning.
AWARDS AND PRESENTATIONS
Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates
the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office.
WEB ACCESS: **REMINDER**
Live Broadcast and audio and video archives
can be accessed at http://huntingtonbeach.granicus.com
As a courtesy to those in attendance, please
silence your cell phones and pagers
HB -1-
PUBLIC COMMENTS
This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda
items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into
discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the
Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's
Administrative Assistant at 714-536-5553.
The following statement applies to any public exchange of comments during City Council meetings:
“The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be
done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected
speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered
by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments
will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations,
discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free
speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory
nature, and such comments will not inform the City Council’s decision.”
To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by
the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker.
COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING
This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison
reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s
expense, per Government Code §53232.3(d).
Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City
Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s
website at http://www.huntingtonbeachca.gov/Government/budget_information/. Exceptions to these lists have been
submitted as a report to the City Clerk for inclusion in the record of this meeting...
PUBLIC HEARING
Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a
presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public
comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take
action on the item.
To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected
by the Sergeant at Arms.
ADMINISTRATIVE HEARING
Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to
speak on a respective item.
To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are
collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium).
CONSENT CALENDAR
Consent Calendar items are considered routine items that do not normally require separate consideration. The City
Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However,
Council may remove an item from the motion for discussion purposes.
ADMINISTRATIVE ITEMS
Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine
nature, and frequently require a staff presentation.
ORDINANCES
Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent
meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be
adopted upon introduction, and is effective immediately.
COUNCILMEMBER ITEMS
This portion of the agenda is provided for Items of business presented by individual members of the City Council.
HB -2-
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City Council/PFA Agenda – Tuesday, January 17, 2017
FRED A. WILSON
City Manager
MICHAEL E. GATES
City Attorney
ROBIN ESTANISLAU
City Clerk
ALISA CUTCHEN
City Treasurer
AGENDA
Tuesday, January 17, 2017
CITY COUNCIL/PUBLIC FINANCING
AUTHORITY
and
SPECIAL MEETING OF THE
SUCCESSOR AGENCY
CITY OF HUNTINGTON BEACH
4:00 PM - Study Session
6:00 PM - Regular Meeting
Council Chambers - 2000 Main Street
Huntington Beach, CA 92648
http://www.huntingtonbeachca.gov
MAYOR
AND
CITY COUNCIL
BARBARA DELGLEIZE
Mayor
MIKE POSEY PATRICK BRENDEN
Mayor Pro Tem Councilmember
JILL HARDY WILLIAM O’CONNELL
Councilmember Councilmember
ERIK PETERSON LYN SEMETA
Councilmember Councilmember
4:00 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Pursuant to Resolution No. 2001-54, Mayor Delgleize has requested permission
to be absent.
O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After
Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION
ITEMS (3 Minute Time Limit)
STUDY SESSION
1. City staff and consultants will provide a status update on the General Plan
Update
RECESS TO CLOSED SESSION
CLOSED SESSION
2. Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: City of Huntington Beach; PERB UPC Case N0. LA-CE-
1105-M; Settlement Conference.
HB -3-
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City Council/PFA Agenda – Tuesday, January 17, 2017
3. Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: ComUNIDAD v. City of Huntington Beach; Orange
County Superior Court Case No. 30-2016-00869173-CU-WM-CXC.
4. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess
into Closed Session to confer with the City Attorney regarding the following
lawsuit: Michael Beuerlein vs. City of Huntington Beach, WCAB Case Nos.
ADJ10140695, ADJ10140693, ADJ2877457, ADJ3801853, ADJ168483,
ADJ8248547; Claim Nos. COHB-15-0293, COHB-15-0292, COHB-93-0080,
COHB-03-0060, COHB-00-0178, COHB-12-0052, COHB-15-0340.
5. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess
into Closed Session to confer with the City Attorney regarding the following
lawsuit: Huntington Shorecliff, LP v. City of Huntington Beach, et al. (JS
Stadium), Orange County Superior Court Case No. 30-2011-00463995.
6. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess
into Closed Session to confer with the City Attorney regarding potential
litigation. Number of cases, one (1).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND
CALL TO ORDER THE SPECIAL MEETING OF THE SUCCESSOR AGENCY TO
THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON
BEACH
ROLL CALL
Pursuant to Resolution No. 2001-54, Mayor Delgleize has requested permission
to be absent.
O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson
PLEDGE OF ALLEGIANCE
INVOCATION - Reverend Jim Toma, Vicar, of Redeemer Lutheran Church and
member of the Greater Huntington Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or
advance any faith or belief. Neither the City nor the City Council endorses any
particular religious belief or form of invocation.
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
HB -4-
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City Council/PFA Agenda – Tuesday, January 17, 2017
Mayor Pro Tem Posey to call on Victoria Alberty and Gisela Campagne to
present the Adoptable Pet of the Month
Mayor Pro Tem Posey to call on members of the Huntington Beach Fire
Authority (HBFA) Great Balls of Fire Golf Tournament to present a check to
beneficiary organization Reach Out World Wide
Mayor Pro Tem Posey to present commendation to California Closets
representatives for receiving "Franchise of the Year" by its corporate entity
Mayor Pro Tem Posey to present commendation to John Boucher, manager of
Mandic Motors for receiving the prestigious "Order of the Cross" award and
inducted into the "Order of Towman"
Mayor Pro Tem Posey to call on Finance Director Lori Ann Farrell to present the
Mayor’s Award to Accounting Technician II, Carol Rossi
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After
Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234
REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
1. Finance Department presentation on the City’s new utility billing software
CONSENT CALENDAR
2. Approve and adopt minutes
Recommended Action:
Review and adopt the City Council/Public Financing Authority regular and the
special meetings of the Huntington Beach Housing Authority, Parking Authority,
and the Successor Agency to the Former Redevelopment Agency of the City of
Huntington Beach minutes dated December 19, 2016, as written and on file in
the office of the City Clerk.
3. Appoint Fire Division Chief Dave McBride Alternate Board Member to
Orange County-City Hazardous Materials Emergency Response Joint
Powers Authority (OCCHMERA)
Recommended Action:
Appoint Fire Division Chief Dave McBride as the City's Alternate Board Member
to the Orange County-City Hazardous Materials Emergency Response Joint
Powers Authority.
HB -5-
-4-
City Council/PFA Agenda – Tuesday, January 17, 2017
4. Approve the escheatment of Unclaimed Funds in the amount of $5,722.48
per Government Code Sections 50050-50057
Recommended Action:
Approve the transfer of $5,722.48 of unclaimed funds from the City’s Unclaimed
Funds Liability Account to the City’s Miscellaneous Revenue Account
#10000100.48550.10035209 in compliance with the Government Code
Sections 50050-50057.
5. Accept the lowest responsive and responsible bid and authorize execution
of a construction contract with the R.J. Noble Company in the amount of
$1,416,298.50 for the Edinger Avenue Rehabilitation and Warner Avenue
Rehabilitation Project, CC-1516; and, authorize an amendment to move
last year’s CIP Arterial Rehabilitation Projects CC-1516 and the
forthcoming project CC-1502 Adams Avenue and Atlanta Avenue, into this
year’s FY 16-17 CIP
Recommended Action:
A) Accept the lowest responsive and responsible base bid submitted by the
R.J. Noble Company in the amount of $1,416,298.50; and,
B) Authorize the Mayor and City Clerk to execute a construction contract in a
form approved by the City Attorney; and,
C) Authorize an amendment to the Arterial Rehabilitation project included in the
FY 16-17 CIP to include the following street segments: Edinger Avenue
(Graham to Springdale), Warner Avenue (Beach to Newland), Adams Avenue
(Beach to Newland) and Atlanta Avenue (Beach to Newland).
6. Adopt Successor Agency Resolution Nos. 2017-03 through 2017-14
Finding that the Loans made by the Former Redevelopment Agency were
for Legitimate Purposes and Approving the Loans as Enforceable
Obligations for Repayment
Successor Agency Recommended Action:
A) Adopt Resolution No. 2017-03, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Acquisition Associated with the Strand Project
was for Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health
and Safety Code Section 34191.4(B)"; and,
B) Adopt Resolution No. 2017-04, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
HB -6-
-5-
City Council/PFA Agenda – Tuesday, January 17, 2017
Huntington Beach Regarding the Relocation and Demolition of Driftwood and
Pacific Mobile Home Parks related to the Waterfront Master Site Plan was for
Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health
and Safety Code Section 34191.4(B)"; and,
C) Adopt Resolution No. 2017-05, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Relocation Costs paid to Terry's Coffee Shop and
First Interstate Bank was for Legitimate Redevelopment Purposes, and
Approving the Loan as an Enforceable Obligation and the Schedule for
Repayment of Said Loan by the Successor Agency to the City of Huntington
Beach, in Accordance with Health and Safety Code Section 34191.4(B)"; and,
D) Adopt Resolution No. 2017-06, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Relocation Costs Paid to Wind and Sea Surf Shop
was for Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health
and Safety Code Section 34191.4(B)"; and,
E) Adopt Resolution No. 2017-07, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Acquisition Costs Associated with the Second
Block Alley and Street Improvement Project was for Legitimate Redevelopment
Purposes, and Approving the Loan as an Enforceable Obligation and the
Schedule for Repayment of said Loan by the Successor Agency to the City of
Huntington Beach, in Accordance with Health and Safety Code Section
34191.4(B)"; and,
F) Adopt Resolution No. 2017-08, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Relocation, Property Acquisition, and Other
Project Costs Associated with the Third Block West Condominium/Retail/Office
Project in the Main-Pier Redevelopment Project Area was for Legitimate
Redevelopment Purposes, and Approving the Loan as an Enforceable
Obligation and the Schedule for Repayment of Said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)"; and,
HB -7-
-6-
City Council/PFA Agenda – Tuesday, January 17, 2017
G) Adopt Resolution No. 2017-09, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Acquisition of Land within the Main-Pier Project
Area for Phase II Development Projects was for Legitimate Redevelopment
Purposes, and Approving the Loan as an Enforceable Obligation and the
Schedule for Repayment of said Loan by the Successor Agency to the City of
Huntington Beach, in Accordance with Health and Safety Code Section
34191.4(B)"; and,
H) Adopt Resolution No. 2017-10, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Acquisition of Land within The Main-Pier Project
Area to Implement the Construction of Parking Facilities within the Downtown
Main-Pier Area was for Legitimate Redevelopment Purposes, and Approving
the Loan as an Enforceable Obligation and the Schedule for Repayment of Said
Loan by the Successor Agency to the City of Huntington Beach, in Accordance
with Health and Safety Code Section 34191.4(B)"; and,
I) Adopt Resolution No. 2017-11, "A Resolution of the Successor Agency to the
Huntington Beach Redevelopment Agency Finding, and Recommending to its
Oversight Board that the Oversight Board Finds, that the Loan Made by the City
of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding Land and Right-Of-Way Acquisition Costs
connected with the Gothard-Hoover Extension Project and Development of a
Public Storage Facility in the Huntington Beach Redevelopment Project was for
Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City Of Huntington Beach, in Accordance with Health
and Safety Code Section 34191.4(B)"; and,
J) Adopt Resolution No. 2017-12, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding FY 2004-05 Capital Projects was for Legitimate
Redevelopment Purposes, and Approving the Loan as an Enforceable
Obligation and the Schedule for Repayment of said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)"; and,
K) Adopt Resolution No. 2017-13, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan made by the
City of Huntington Beach to the Former Redevelopment Agency of the City of
HB -8-
-7-
City Council/PFA Agenda – Tuesday, January 17, 2017
Huntington Beach Regarding the Emerald Cove Property Transfer was For
Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health
and Safety Code Section 34191.4(B)"; and,
L) Adopt Resolution No. 2017-14, "A Resolution of the Successor Agency to
the Huntington Beach Redevelopment Agency Finding, and Recommending to
its Oversight Board that the Oversight Board Finds, that the Loan Made by the
City Of Huntington Beach to the Former Redevelopment Agency of the City of
Huntington Beach Regarding the Emerald Cove Bonds was for Legitimate
Redevelopment Purposes, and Approving the Loan as an Enforceable
Obligation and the Schedule for Repayment of Said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)."
7. Adopt Successor Agency Resolutions Nos. 2017-01 and 2017-02
approving the Recognized Obligation Payment Schedule (ROPS) and
Administrative Budget for the Huntington Beach Successor Agency for
the period of July 1, 2017, through June 30, 2018, in accordance with
Health and Safety Code Section 34177 and related actions
Successor Agency Recommended Action:
A) Adopt Resolution No. 2017-01, "A Resolution of the Successor Agency to
the Redevelopment Agency of the City of Huntington Beach Approving the
Recognized Obligation Payment Schedule for the Period July 1, 2017 - June
30, 2018 (‘ROPS 17-18’);" and,
B) Adopt Resolution No. 2017-02, "A Resolution of the Successor Agency to
the Redevelopment Agency of the City of Huntington Beach Approving the
Successor Agency Administrative Budget for the Period July 1, 2017 Through
June 30, 2018."
8. Adopt Resolution No. 2017-04 amending the Fiscal Year 2016/17 Budget to
carry over unspent appropriations from Fiscal Year 2015/16 for the
continuation of Capital Improvement Program (CIP) Projects
Recommended Action:
Adopt Resolution No. 2017-04, "A Resolution of the City Council of the City of
Huntington Beach Amending the Fiscal Year 2016/17 Budget to Carry Over
Unspent Appropriations From Fiscal Year 2015/16."
9. Adopt Resolution No. 2017-06 amending the City’s Classification Plan by
approving the modified Classification Titles of Information Technology
Manager
Recommended Action:
Adopt Resolution No. 2017-06, “A Resolution of the City Council of the City of
Huntington Beach Amending the City’s Classification Plan by Amending the
HB -9-
-8-
City Council/PFA Agenda – Tuesday, January 17, 2017
Titles of Information Systems Communications Manager to Information
Technology Manager – Infrastructure; Business Systems Manager to
Information Technology Manager – Systems; Information Systems Computer
Operations Manager to Information Technology Manager - Operations.”
10. Request to continue until the Special Meeting of January 26, 2017, the
review and discussion on expanding hours at the HB Central Library to
include Sundays
Recommended Action:
Take no action and have Staff present options on expanded Central Library
hours at the January 26, 2017, Strategic Planning Session.
11. Approve, authorize execution and recordation of the Certificate of
Completion and Release of Development Agreement Obligations for the
Pasea Hotel and Spa Project
Recommended Action:
A) Approve the "Certificate of Completion and Release of Development
Agreement Obligations" for the Pasea Hotel and Spa project located at the
intersection of Pacific Coast Highway and Huntington Street; and,
B) Authorize the City Clerk to record the "Certificate of Completion and Release
of Development Agreement Obligations" with the Orange County Recorder.
12. Accept and appropriate funds from the California Department of
Resources Recycling and Recovery (CalRecycle) for the Central Park
Edwards Street Tot Lot and Bluff Top Beach Park Playgrounds
Recommended Action:
A) Authorize the City Manager or his designee to accept grant funds from the
California Department of Resources Recycling and Recovery; and,
B) Authorize the City Manager or his designee to execute the grant agreement
by and between the State of California and the City of Huntington Beach; and,
C) Accept and Appropriate $10,840.00 from the State of California.
13. Approve the purchase of a replacement fire engine and ambulance and
authorize the City Manager to enter into all documents necessary to lease
finance the purchase
Recommended Action:
Approve the purchase of a replacement fire engine and ambulance and
authorize the City Manager to enter into all documents necessary to lease
finance the purchase.
HB -10-
-9-
City Council/PFA Agenda – Tuesday, January 17, 2017
PUBLIC HEARING
14. Approve for introduction Ordinance No. 4122 approving Zoning Map
Amendment No. 16-001, adopt Resolution No. 2017-02 approving Zoning
Text Amendment No. 16-003, adopt Resolution No. 2017-03 approving
Local Coastal Program Amendment No. 16-001, and approve Negative
Declaration No. 16-001 (Sunset Beach Beachfront Floodplain Construction
Requirements –FP3 Zoning)
Planning Commission and Staff Recommended Action:
A) Approve Negative Declaration No. 16-001 with findings; and,
B) Approve Zoning Map Amendment No. 16-001 with findings by approving for
introduction Ordinance No. 4122, "An Ordinance of the City of Huntington
Beach Amending District Maps 21 and 35 of the Huntington Beach Zoning and
Subdivision Ordinance by Deleting the Current –FP3 (Floodplain Overlay)
Designation on All Beachfront Properties and the Beach in Sunset Beach;" and,
C) Approve Zoning Text Amendment No. 16-003 with findings by adopting
Resolution No. 2017-02, "A Resolution of the City Council of the City of
Huntington Beach Approving an Amendment to the Sunset Beach Specific Plan
(SP 17);" and,
D) Approve Local Coastal Program Amendment No. 16-001 with findings by
adopting Resolution No. 2017-03, "A Resolution of the City Council of the City
of Huntington Beach Adopting Local Coastal Program Amendment No. 16-001
and Requesting Certification by the California Coastal Commission."
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
There will be a City Council Special Meeting (Semi-Annual Strategic Planning Session) held
on Thursday, January 26, 2017, at 8:00 AM at the Huntington Beach Central Library, Talbert
Room, 7111 Talbert Ave., Huntington Beach, California.
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, February 6, 2017, at 4:00 PM in the Civic Center Council Chambers,
2000 Main Street, Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA
AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL
MEETINGS AT
http://www.huntingtonbeachca.gov
HB -11-
Minutes
City Council/Public Financing Authority Regular, and
Housing Authority, Parking Authority, and Successor Agency Special Meeting
City of Huntington Beach
Monday, December 19, 2016
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
5:00 PM – COUNCIL CHAMBERS
Prior to calling the meeting to order, the City Attorney announced that Closed Session Item Nos. 1 and 2
were being pulled from the agenda. With no one signed up to speak during Public Comments, it was
announced that the meeting would be called to order at 6:00 PM.
ROLL CALL
Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS
(3 Minute Time Limit)
RECESS TO CLOSED SESSION
CLOSED SESSION
1. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed
Session to confer with the City Attorney regarding the following lawsuit: City of
Huntington Beach; PERB UPC Case N0. LA-CE-1105-M; Settlement Conference.
2. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed
Session to confer with the City Attorney regarding potential litigation. Number of cases,
one (1).
6:00 PM – COUNCIL CHAMBERS
CALLED TO ORDER THE REGULAR MEETING OF THE CITY COUNCIL/PUBLIC FINANCING
AUTHORITY AND THE SPECIAL MEETINGS OF THE HUNTINGTON BEACH HOUSING
AUTHORITY, PARKING AUTHORITY, AND THE SUCCESSOR AGENCY TO THE FORMER
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH – 6:00 PM
HB -12-Item 2. - 1
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 2 of 8
ROLL CALL
Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
Absent: None
PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem Posey
INVOCATION – Led by Emrah Erduran of the Pacifica Institute and member of the Greater Huntington
Beach Interfaith Council
In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or
belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation.
AWARDS AND PRESENTATIONS
Mayor Delgleize called on Victoria Alberty to present the Adoptable Pet of the Month, Rock, a 10-year old
Chihuahua/Terrier mix. Check out www.waggintrails.org for more information about adoptable pets.
Mayor Delgleize called on Edison High School Girls Varsity Volleyball Team and Coach Matt Skolnik to
present commendations to the Division I CIF Champs.
Mayor Delgleize presented a commendation to 18-year old Nathan Young for his recent heroic actions to
save a surfer in distress. Nathan was congratulated for his courage and selfless actions.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
(Received After Agenda Distribution) — None
PUBLIC COMMENTS (3 Minute Time Limit) — 8 Speakers
The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in
the archived video located at http://www.surfcity-hb.org/government/agendas.
Scott McGuire was called to speak and shared some of the challenges that Great Glory Massage is
having in meeting City codes. Mayor Delgleize asked Mr. McGuire to complete a blue card for staff
follow-up. (00:14:51)
Shirley Dettloff, former City Planning Commissioner, Councilmember and Mayor, one of the authors of
the Human Dignity Statement, founder of the Human Relations Taskforce and the Interfaith Council, was
called to speak. Mrs. Dettloff congratulated Councilmember elect Semeta and Brenden, and asked that
every Councilmember review the Human Dignity Statement which, among other things, states that all
community members should be treated with respect. She also requested that the document once
residing on the wall in the Council Chambers be returned as a reminder of its importance. (00:17:54)
Ralph Bauer was called to speak and reaffirmed the comments of Mrs. Dettloff. He shared several
experiences in his life that helped to develop his belief that all people should be treated with respect
regardless of whether they are your ethnicity or worship as you do. (00:21:07)
Mark Currie, representing the Greater Huntington Beach Interfaith Council, was called to speak and
reminded everyone that words have power. Mr. Currie asked that all public officials review the Human
Dignity Statement and the Charter for Compassion. (00:23:31)
HB -13-Item 2. - 2
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 3 of 8
Peggy Price, representing the Greater Huntington Beach Interfaith Council, was called to speak and
expressed appreciation for all kinds of humanity who choose to live in or visit Huntington Beach. The
Interfaith Council encourages open dialogue and learning from each other. Rev. Price encouraged
public officials to review the Human Dignity Statement and the Charter for Compassion. (00:26:43)
Victor Valladares, Oak View ComUNIDAD, was called to speak and thanked Mayor Delgleize for
attending the Oak View Task Force meeting last week. He asked for a translator for Task Force
meetings to empower those community members who have yet to master the English language, and
expressed a desire for a sub-committee which could report quarterly about Oak View issues to the Task
Force. (00:29:51)
Kurt Smetana was called to speak and asked for further details on Consent Calendar Item 5, the Bolsa
Chica Wetlands project, relating to water quality. Regarding Consent Calendar Item 6, he offered his
opinion that water well construction at this time may not be fiscally responsible due to the drought and
high costs for water. For Consent Calendar Item 7, he inquired as to whether there had been any
incidents which triggered the Police Department Lobby Security project. (00:31:39)
Tom Stewart was called to speak and expressed concern about a letter received by his elderly sister
from the Water Department informing her of a $400 balance that remains unpaid from nearly 13 months
ago when her home was destroyed by fire. Mayor Delgeize requested that he complete a blue card so
that staff can respond. (00:33:14)
COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
1. Approved as amended City Council Boards and Commissions’ Liaison Appointments
A motion was made by Hardy, second Posey to approve the Boards and Commissions Appointments List
as presented by Mayor Delgleize, as amended to substitute Hardy for Brenden on the Southeast
Area Committee. (The City Clerk certifies that FPPC Form 806 "Agency Report of Public Official
Appointments" which is used to report additional compensation that officials receive when appointing
themselves to positions on committees, boards or commissions of a public agency, special district and
joint powers agency or authority was posted to the City's website according to law prior to this vote.)
The amended motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
Councilmember Peterson announced the appointment of David Cicerone to the Public Works
Commission; Clem Dominguez to the Planning Commission; and, Mike Massie to Citizen’s Participation
Advisory Board (CPAB).
Councilmember Brenden announced the appointment of Michael Grant to the Planning Commission;
Joseph Mulvihill to the Public Works Commission; Joe Carchio to the Community Services Commission;
Donna Traversi to the Citizen’s Participation Advisory Board; and, Rob Sternberg to the Investment
Advisory Board.
HB -14-Item 2. - 3
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 4 of 8
Councilmember Semeta announced the appointment of Pat Garcia to the Planning Commission; Ron
Sterud to the Finance Commission; Bill Larkin to the Public Works Commission; and, Krista Sterud to the
Community Services Commission.
Mayor Delgleize announced the appointment of Janis Mantini to the Community Services Commission.
CITY MANAGER’S REPORT
City Manager Fred Wilson provided a PowerPoint presentation entitled Huntington Beach City Hall
Holiday Closures that addressed the following topics: Holiday Street Sweeping/Trash Schedule, Holiday
Library/Community Services, and Holiday Community Services Schedule.
CONSENT CALENDAR
In response to a comment made during Public Comments from Mr. Smetana regarding Consent Item No.
7 - Police Department Lobby Security project, Councilmember Peterson explained that this is a project
which has been saved for, is using grant funds, and in the end will save the City money.
2. Approved and adopted minutes
A motion was made by Peterson, second Hardy to review and adopt the City Council/Public Financing
Authority regular meeting minutes dated December 5, 2016, and the City Council special meeting
minutes dated December 12, 2016, as written and on file in the office of the City Clerk.
The motion carried by the following vote:
AYES: O’Connell, Posey, Delgleize, Hardy, and Peterson
NOES: None
ABSTAIN: Semeta, and Brenden
3. Received and filed City Clerk’s Quarterly listing of Contracts filed in the City Clerk’s office
between July 1, 2016, and September 30, 2016
A motion was made by Peterson, second Hardy to receive and file the "List of Contracts approved by
Department Heads and Submitted to the Office of the City Clerk During the Period of July 1, 2016,
through September 30, 2016."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
4. Received and filed the Maddy Act Local Appointments List – 2017 (terms on City boards,
commissions, and committees which expire in 2017). This list informs the public of
openings and vacancies based on 2017 expiration of current members’ terms
A motion was made by Peterson, second Hardy to receive and file the Maddy Act Local Appointments
List 2017 showing vacancies which will occur on City boards, commissions and committees in the year
2017, and direct the City Clerk to post the list at official posting locations (Civic Center, Huntington
HB -15-Item 2. - 4
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 5 of 8
Central Library, and Main Street Library). Copies of the Maddy Act Local Appointments List - 2017 will
also be posted at all branch libraries, and on the City's website.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
5. Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with Paulus Engineering, Inc. in the amount of $148,790 for the 8-
Inch Water Main Extension Project on State Lands at the Bolsa Chica Wetlands, CC-1389
A motion was made by Peterson, second Hardy to accept the lowest responsive and responsible base
bid submitted by Paulus Engineering, Inc. in the amount of $148,790; and, authorize the Mayor and City
Clerk to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
6. Approved appropriation of funds, accepted the lowest responsive and responsible bid,
and authorized execution of a construction contract with Best Drilling and Pump Inc. in the
amount of $2,456,705 for the Water Well No. 1 Drilling Project, CC-1517 and Water Well No.
14 Drilling Project, CC-1518
A motion was made by Peterson, second Hardy to appropriate $250,000 from the undesignated Water
Master Plan Fund (507) balance to Business unit 50791030.82100 for Well No. 1; and, appropriate
$1,100,000 from the undesignated Water Master Plan Fund (507) balance to Business unit
50791031.82100 for Well No. 14; and, accept the lowest responsive and responsible base bid submitted
by the Best Drilling and Pump Inc., in the amount of $2,456,705; and, authorize the Mayor and City Clerk
to execute a construction contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
7. Accepted the lowest responsive and responsible bid and authorized execution of a
construction contract with JRH Construction Company, Inc. in the amount of $661,667 for
Police Department Lobby Security and Limited ADA Improvements, MSC-510 and MSC-515
A motion was made by Peterson, second Hardy to accept the lowest responsive and responsible bid
submitted by JRH Construction Company, Inc. in the amount of $661,667; and, authorize the Mayor and
City Clerk to execute a contract in a form approved by the City Attorney.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
HB -16-Item 2. - 5
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 6 of 8
8. Adopted Resolution No. 2016-85 delegating authority for execution of Special Utility
Easement Agreements for Sewer and/or Storm Drain purposes
A motion was made by Peterson, second Hardy to adopt Resolution No. 2016-85, "A Resolution of the
City Council of the City of Huntington Beach Establishing the Delegation of Authority For the Execution of
Special Utility Easement Agreement for Sewer and/or Storm Drain Purposes" to the Director of Public
Works and/or City Engineer.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
9. Adopted Resolution No. 2016-88 approving the Pay Schedule for Part-Time Non-
Permanent and Non-Classified Employees effective January 1, 2017
A motion was made by Peterson, second Hardy to adopt Resolution No. 2016-88, "A Resolution of the
City Council of the City of Huntington Beach Approving the Pay Schedule for Part-Time Non-Permanent
and Non-Classified Employees Effective January 1, 2017."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
10. Adopted Resolution No. 2016-91 approving the salary and benefits for the elected City
Clerk
A motion was made by Peterson, second Hardy to adopt Resolution No. 2016-91, "A Resolution of the
City Council of the City of Huntington Beach Approving the Salary and Benefits for the Elected City
Clerk."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
11. Adopted Resolution No. 2016-76 amending the City’s Classification Plan by adding the
Classification of Senior Trial Counsel
A motion was made by Peterson, second Hardy to adopt Resolution No. 2016-76, "A Resolution of the
City Council of the City of Huntington Beach Amending the City's Classification Plan by Adding the
Classification of Senior Trial Counsel."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
HB -17-Item 2. - 6
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 7 of 8
12. Approved extension for the update to the City of Huntington Beach General Plan contract
with Michael Baker International, formerly Pacific Municipal Consultants, DBA PMC
through October 6, 2017; and, authorized execution of Contract Amendment No.1
A motion was made by Peterson, second Hardy to approve an extension for the update to the City of
Huntington Beach General Plan contract between Michael Baker International from October 7, 2016, to
October 6, 2017; and, authorize the Mayor and City Clerk to execute "Amendment No. 1 to Professional
Services Contract Between the City of Huntington Beach and Michael Baker International, Inc. (formerly
Pacific Municipal Consultants, dba PMC, an S-California Corporation) to Prepare a Comprehensive
Update of the City of Huntington Beach General Plan" for this extension in a form approved by the City
Attorney.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
13. Approved and authorized execution of a Landscape Maintenance Agreement with the State
of California, Department of Transportation, a Special Utility Easement Agreement and
License Agreement with Beach Promenade LLC for the Beach Promenade project located
at the southeast corner of Beach Boulevard and Atlanta Avenue
A motion was made by Peterson, second Hardy to approve and authorize the Mayor and City Clerk to
execute the "Landscape Maintenance Agreement within State Highway Right of Way on Route 39 Within
the City of Huntington Beach" for the Beach Promenade project; and, approve and authorize the Mayor
and City Clerk to execute and record the "License Agreement Between the City of Huntington Beach and
Beach Promenade, LLC, to Provide Installation and Maintenance of Landscaping improvements in the
Public Right-of-Way" for the Beach Promenade project; and, approve and authorize the Mayor and City
Clerk to execute the "Special Utility Easement Agreement" between the City of Huntington Beach and
Beach Promenade, LLC for the Beach Promenade project; and, authorize the City Clerk to record the
Special Utility Easement Agreement for the Beach Promenade project with the Orange County Recorder.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
14. Approved modifications to the Ambulance Operator Employment Agreement reflecting
changes related to the California Minimum Wage effective January 1, 2017
A motion was made by Peterson, second Hardy to approve modifications to the At Will Ambulance
Operator Employment Agreement reflecting changes related to the California Minimum Wage effective
January 1, 2017.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
NOES: None
HB -18-Item 2. - 7
Council/PFA Regular Minutes,
Housing Authority, Parking Authority
and Successor Agency Special Minutes
December 19, 2016
Page 8 of 8
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden reported attending the Chamber of Commerce Ribbon Cutting at 24 Hour
Fitness, the Calvary Chapel of the Harbor's Annual Christmas Carol production, the Huntington Beach
Fire Department Retirement Reception for Division Chief Eric Engberg and Battalion Chief Mike
McClanahan, the Huntington Beach Police Department Retirement Celebration, the Shop With A Cop
event with 36 officers participating, and he reminded everyone of the Surf City Splash event on New
Year's Day.
Mayor Delgleize reported attending the International Celebration of Christmas - Live Nativity Play at Old
World Village.
ADJOURNMENT — At 6:48 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Tuesday, January 17, 2017, at 4:00 PM in the Civic Center Council
Chambers, 2000 Main Street, Huntington Beach, California.
The City Council/Public Financing Authority regular meeting of January 3, 2017 has been cancelled.
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
HB -19-Item 2. - 8
Dept. ID FD17 001 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
Previously, Fire Division Chief Eric Engberg served as the City’s Alternate representative to the
Orange County-City Hazardous Materials Emergency Response Joint Powers Authority
(OCCHMERA). With his retirement on December 29, 2016, it is requested that Fire Division Chief
Dave McBride be appointed as the Alternate representative.
Financial Impact:
Not applicable.
Recommended Action:
Appoint Fire Division Chief Dave McBride as the City's Alternate Board Member to the Orange
County-City Hazardous Materials Emergency Response Joint Powers Authority.
Alternative Action(s):
Appoint a City Council Member or other City staff member as an Alternate Board Member to the
OCCHMERA.
Analysis:
With the retirement of Fire Division Chief Eric Engberg on December 29, 2016, there is a need for
appointment of an Alternate Board Member to the OCCHMERA.
The City of Huntington Beach has been a member and provider agency of the OCCHMERA since
October 16, 1989. The objective of the Authority is to provide prompt, efficient, and cost-effective
regional response to hazardous materials emergencies.
The Board of Directors of the Authority consists of members appointed by the governing bodies of
the following provider agencies: City of Anaheim and the City of Huntington Beach. The Board of
Directors meets on a quarterly basis. Currently Fire Chief David Segura serves as the Board
Member for the City. It is recommended that the proposed appointment of Fire Division Chief Dave
McBride as Board Alternate be made until revoked. Dave McBride is responsible for oversight of
the Fire Department’s Hazardous Materials Response Team and, as such, has a high degree of
expertise in this area, along with many years of experience.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: David A. Segura, Fire Chief
SUBJECT: Appoint Fire Division Chief Dave McBride Alternate Board Member to Orange
County-City Hazardous Materials Emergency Response Joint Powers Authority
(OCCHMERA)
HB -20-Item 3. - 1
Dept. ID FD17 001 Page 2 of 2
Meeting Date: 1/17/2017
Based on the technical and operational activities of this Board, the proposed appointment will
provide effective representation of the City of Huntington Beach for the activities of this Joint
Powers Authority.
Environmental Status:
None
Strategic Plan Goal:
Enhance and maintain public safety
Attachment(s):
None
HB -21-Item 3. - 2
Dept. ID FN 17-001 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
The City is currently holding $5,722.48 in unclaimed funds. Per Government Code Sections 50050-
50057, unclaimed funds less than $15.00 which remain unclaimed for over one year become the
property of the City. In addition, unclaimed funds that are over $15.00 that are not the property of
the City that remain unclaimed for over three years and have not been claimed after publication of a
notice, become the property of the City.
Financial Impact:
This action will result in the deposit of $5,722.48 into the City’s General Fund. The FY 2016/17
Adopted Budget for the General Fund assumes the City will receive a total of $140,000.00 in
miscellaneous revenue. The escheated funds of $5,722.48 in addition to other miscellaneous
revenue sources will assist the General Fund in reaching the budgeted estimate.
Recommended Action:
Approve the transfer of $5,722.48 of unclaimed funds from the City’s Unclaimed Funds Liability
Account to the City’s Miscellaneous Revenue Account #10000100.48550.10035209 in compliance
with the Government Code Sections 50050-50057.
Alternative Action(s):
Do not approve the recommendation and direct staff accordingly.
Analysis:
The City has developed a procedure based on Government Code Sections 50050-50057
(Attachment 1) for the escheatment of funds. Under the procedure (Attachment 2), a list is
prepared by the Finance Department of unclaimed funds less than $15.00 which have remained
unclaimed for over one year as of September 30, 2015. Pursuant to Government Code Sections
50050-50057, the Chief Financial Officer published a notice with all unclaimed funds over three
years old or greater than $15.00 (Attachment 3) on December 1, 2016 and December 8, 2016, in
an adjudicated newspaper, the Huntington Beach Wave. Per Government Code Sections 50050-
50057, the City released funds on all verified claims which were timely filed. The remaining
unclaimed funds total the amount of $5,722.48 (Attachment 4).
Environmental Status:
Not Applicable.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer
SUBJECT: Approve the escheatment of Unclaimed Funds in the amount of $5,722.48 per
Government Code Sections 50050-50057
HB -22-Item 4. - 1
Dept. ID FN 17-001 Page 2 of 2
Meeting Date: 1/17/2017
Strategic Plan Goal:
Strengthen economic and financial sustainability.
Attachment(s):
1. Government Code Sections 50050 to 50057.
2. Escheatment of Funds Procedure.
3. Newspaper Publication and Claim Form.
4. Unclaimed Funds List 2016.
HB -23-Item 4. - 2
GOVERNMENT CODE – TITLE 5. LOCAL AGENCIES [50001 – 57550]
50050.
For purposes of this article, “local agency” includes all districts. Except as otherwise
provided by law, money, excluding restitution to victims, that is not the property of
a local agency that remains unclaimed in its treasury or in the official custody of its
officers for three years is the property of the local agency after notice if not claimed
or if no verified complaint is filed and served. At any time after the expiration of the
three-year period, the treasurer of the local agency may cause a notice to be
published once a week for two successive weeks in a newspaper of general
circulation published in the local agency. At the expiration of the three-year period,
money representing restitution collected on behalf of victims shall be deposited into
the Restitution Fund or used by the local agency for purposes of victim services. If
a local agency elects to use the money for purposes of victim services, the local
agency shall first document that it has made a reasonable effort to locate and notify
the victim to whom the restitution is owed. The local agency may utilize fees
collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section
2085.5 of the Penal Code to offset the reasonable cost of locating and notifying the
victim to whom restitution is owed. With respect to moneys deposited with the
county treasurer pursuant to Section 7663 of the Probate Code, this three-year
period to claim money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability ceases.
For purposes of this section, “infant” and “person of unsound mind” have the same
meaning as given to those terms as used in Section 1441 of the Code of Civil
Procedure.
50051.
The notice shall state the amount of money, the fund in which it is held, and that it
is proposed that the money will become the property of the local agency on a
designated date not less than forty-five days nor more than sixty days after the
first publication of the notice.
50052.
Upon or prior to publication, a party of interest may file a claim with the treasurer
which must include the claimant’s name, address, amount of claim, the grounds on
which the claim is founded, and any other information that may be required by the
treasurer. The claim shall be filed before the date the unclaimed money becomes
the property of the local agency as provided under Section 50051 and the treasurer
shall accept or reject that claim. If the claim is rejected by the treasurer, the party
who submitted the claim may file a verified complaint seeking to recover all, or a
designated part, of the money in a court of competent jurisdiction within the county
in which the notice is published, and serves a copy of the complaint and the
summons issued thereon upon the treasurer. The copy of the complaint and
summons shall be served within 30 days of receiving notice that the claim was
rejected. The treasurer shall withhold the release of the portion of unclaimed
money for which a court action has been filed as provided in this section until a
decision is rendered by the court.
ATTACHMENT 1HB -24-Item 4. - 3
50052.5.
(a) Notwithstanding Section 50052, the treasurer may release to the depositor of
the unclaimed money, their heir, beneficiary, or duly appointed representative,
unclaimed money if claimed prior to the date the money becomes the property of
the local agency upon submitting proof satisfactory to the treasurer, unless the
unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money
deposited with the county treasurer pursuant to Section 7663 of the Probate Code,
to any adult blood relative of either the decedent or the decedent’s predeceased
spouse.
(c) Notwithstanding Section 50052, the treasurer may release unclaimed money
deposited with the county treasurer pursuant to Section 7663 of the Probate Code
to the parent who has legal and physical custody of a minor who is a blood relative
of either the decedent or the decedent’s predeceased spouse without the need to
appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five
thousand dollars ($5,000) or less, the treasurer may release the money according
to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county treasurer is sixty
thousand dollars ($60,000) or less, and the money is not released under paragraph
(1), the unclaimed money may be released by the treasurer to the parent who
shall, after payment of any costs incurred in making the claim, hold the money in
trust, to be used only for the care, maintenance, and education of the minor, and
the parent shall be liable therefor to the minor under the fiduciary laws of this
state. The money held in trust shall be released to the minor when the minor
reaches the age of majority.
(d) The claim shall be presented to the county treasurer in affidavit form and
signed under penalty of perjury. Notwithstanding Section 13101 of the Probate
Code, the claimant, to be entitled to the entire escheated estate, needs only to
establish with documentary proof the existence of a blood relationship to either the
decedent or of the predeceased spouse, if any, and the documentary proof, if
regular on its face, need not be certified. Notwithstanding Section 13101 of the
Probate Code, the claimant shall not be required to declare that no other person
has an equal or superior claim to the escheated estate.
The county treasurer may rely in good faith on the sworn statements made in the
claim and shall have no duty to inquire into the truth or credibility of evidence
submitted.
In paying out the escheated estate, the county treasurer shall be held harmless to
all. Payment shall act as total acquittance and shall completely discharge the
county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the claimant may take
his or her grievance to the Superior Court of the county holding the escheated
estate.
Any claim paid hereunder shall be paid without interest.
ATTACHMENT 1HB -25-Item 4. - 4
50053.
When any such money becomes the property of a local agency and is in a special
fund, the legislative body may transfer it to the general fund.
50054.
Whenever any city or county or city and county renders construction services or
constructs public works for any city, county, city and county or any other
governmental agency below the level of the state government, the price charged
for such services or construction shall be sufficient to reimburse the governmental
body performing such services for the full cost thereof including labor, material,
equipment costs or rentals and a reasonable allowance for overhead. In computing
overhead, without limitation on other factors properly includable, there shall be
allocated to the overhead cost its proportionate share of indirect labor and
administrative costs.
50055.
Any other provision of this article notwithstanding, any individual items of less than
fifteen dollars ($15), or any amount if the depositor’s name is unknown, which
remain unclaimed in the treasury or in the official custody of an officer of a local
agency for the period of one year or upon an order of the court may be transferred
to the general fund by the legislative body without the necessity of publication of a
notice in a newspaper.
50056.
The responsibilities of the treasurer as provided under this article may be delegated
by the treasurer to the agency, district, or department that maintains the
supporting records of the unclaimed money based on the initial receipt or deposit of
that money or both.
50057.
For individual items in the amount of five thousand dollars ($5,000) or less, the
legislative body of any county may, by resolution, authorize the county treasurer to
perform on its behalf any act required or authorized to be performed by it under
Sections 50050, 50053, and 50055. The resolution shall require that the county
auditor be informed of each act performed under the authorization.
ATTACHMENT 1HB -26-Item 4. - 5
1
EEsscchheeaatt ooff MMoonneeyy
GGoovv''tt SSeeccttiioonn 5500005500--5500005577
UUppddaatteedd NNoovveemmbbeerr 22001166
I. Operating Expenses – Under Minimum ($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name which are under $15.00 and which are over one (1)
year old for all bank accounts. Provide list to Chief Financial Officer.
Cashiering & Collections Services Division:
B) Chief Financial Officer or his/her designee to request Council action for
approval of the transfer of these funds to revenue in the General Fund.
II. Operating Expenses and Bond Funds – Equal or Greater Than Minimum
($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name which are equal or greater than $15.00 and which are
over 1 year old. Send a letter notifying payees of outstanding check that
has reached “Abandoned Property Status” allowing three (3) weeks for a
response.
B) Upon receipt of a letter, a party of interest may file a claim with the Chief
Financial Officer, which must include claimant’s name, address, amount of
claim, identification, the grounds on which the claim is founded and any
other information that may be required by the Chief Financial Officer.
(Copy of “Claim form” attached.) The Cashiering & Collections Division
will provide this to the Chief Financial Officer or his/her designee for
review and approval. If approved, paperwork for issuance of a new check
will be processed by Accounting Services.
C) After the response period has expired, identify these items as stale over
one (1) year.
D) At the end of every fiscal year, identify all remaining outstanding checks
over three (3) years old including check number, date and name and
move to Unclaimed Warrants account. Provide list to the Chief Financial
Officer.
ATTACHMENT 2HB -27-Item 4. - 6
2
Cashiering & Collections Services Division
A) Chief Financial Officer will direct his/her designee to provide the list of
unclaimed moneys to be published in a newspaper notice. The notice is
to be published once a week for two successive weeks in a newspaper in
the County or the City, and circulated in the City. The notice shall state
the amount of money and payee name, and that it is proposed that the
money will become the property of the City on a designated date not less
than forty-five (45) days nor more than sixty (60) days after the first
publication of the notice.
B) Upon publication, a party of interest may file a claim with the Finance
Department which must include claimant’s name, address, amount of
claim, identification, the grounds on which the claim is founded and any
other information that may be required by the Chief Financial Officer.
(Copy of “Claim Form” attached.) The Chief Financial Officer or his/her
designee will review and approve. If approved, paperwork for issuance of
a new check will be processed by Accounting Services.
C) After the second publication in a newspaper, the Chief Financial Officer or
his/her designee will prepare a Request for Council Action and request
Council approve the transfer of all amounts in the Unclaimed Warrants
account over three (3) years old to the General Fund or if it is restitution
collected on behalf of victims, it shall be either deposited into the
Restitution Fund or used by the City for purposes of victim services after
the expiration of the three-year period.
D) This procedure shall also be followed for Bond funds which have been
held in trust by the City and released. Such outstanding checks are
included in the population of checks described in this section.
ATTACHMENT 2HB -28-Item 4. - 7
HB -29-Item 4. - 8
HB -30-Item 4. - 9
UNCLAIMED FUNDS LIST
Check Date Name Amount
9/26/2014 Nick Billow 11.68$
5/30/2014 Thomas Cessario 13.89$
5/30/2014 Julie Denworth 12.05$
5/30/2014 Bethany keyes 10.83$
5/9/2014 Joyce Kotrys 3.84$
9/26/2014 Eric Meyers 11.13$
5/30/2014 Kusumben Patel 12.51$
4/11/2014 Vince Ransom 3.25$
9/12/2014 Diane Starbuck 6.00$
Total checks 1 year old and under $15.00 85.18$
3/30/2012 Iman Aal 34.40$
8/31/2012 Barbara Ashbury 86.00$
9/21/2012 Colleen Bailey 16.07$
9/28/2012 Beach Cities Realty Exist 18.68$
9/21/2012 Stephen Calderon 26.10$
8/31/2012 Kimberly Callender 54.55$
11/4/2011 Chander Inv Property 1,301.00$
5/25/2012 Lindsay Cooper 40.46$
8/31/2012 Mike Dearborn 70.78$
2/3/2012 Sumi Dra 65.00$
10/14/2011 Fabshow Inc 89.02$
4/13/2012 First American Title 75.00$
8/17/2012 Morgan Taylor Foster 30.00$
9/28/2012 Sylvia Franklin 23.10$
10/28/2011 Jerry Freedom 44.00$
9/21/2012 Karyn Gallagher 18.15$
10/28/2011 Carla Gentile 56.14$
7/27/2012 Grandpoint Bank 46.71$
9/21/2012 Joseph Gurzi 20.11$
11/4/2011 Lorie Hamilton 48.00$
12/2/2011 Samantha Haugh 189.00$
9/14/2012 Ellen Haywood 34.83$
9/21/2012 Heidi Holllstein 26.34$
8/31/2012 Peter Hughes 49.96$
9/14/2012 Huntington Beach State Beach Junior 150.00$
8/24/2012 Renarda Kakowski 102.52$
9/21/2012 Kimberly Karkkainen 16.24$
9/28/2012 Delores Lacko 39.91$
8/24/2012 Annette Lujan 108.96$
7/27/2012 Kenny Ly 87.06$
2/3/2012 Louis Maechler 159.92$
8/24/2012 Fred McBurnett 119.31$
12/2/2011 Daniel Morgan 361.99$
7/27/2012 Mystery Inc 40.49$
8/17/2012 Rick Neil 34.30$
9/21/2012 Laura Nelson 15.44$
9/7/2012 Dung Nguyen 57.00$
9/28/2012 Michael Panuschka 75.00$
9/21/2012 Howin Park 24.86$
1/27/2012 Tai Pham 25.94$
12/2/2011 James Poon 205.01$
4/6/2012 Precision Electronic Fabrication 143.12$
9/28/2012 Stephen Quattrocchi 17.48$
9/7/2012 R P Oil Inc 58.11$
8/31/2012 Scott Reierson 17.74$
12/16/2011 Robert Renfrow 161.92$
9/21/2012 John Rice 18.30$
2/3/2012 Sandra Roberts 150.00$
9/14/2012 Robert Rooks 36.80$
9/21/2012 Jason Sarafin 26.23$
8/24/2012 Ranto Silva 116.31$
5/25/2012 Roberta Smith 150.32$
2/10/2012 Sprague Trust 75.00$
3/23/2012 Erick Ken Strong 82.00$
12/9/2011 Dan Thompson 15.92$
9/28/2012 Barbara Torpin 36.30$
11/11/2011 Anthony Tran 57.00$
9/7/2012 Ashley Watt 45.42$
9/21/2012 Stacey Wilson 23.41$
4/27/2012 John G. Wright 106.19$
5/25/2012 John G. Wright 106.19$
7/27/2012 John G. Wright 106.19$
Total checks 3 years and older and over $15.00 5,637.30$
Total Escheat 5,722.48$
HB -31-Item 4. - 10
Dept. ID PW17-001 Page 1 of 3
Meeting Date: 1/17/2017
Statement of Issue:
On December 29, 2016, bids were publically opened for the Edinger Avenue Rehabilitation and
Warner Avenue Rehabilitation Project. City Council action is requested to award the construction
contract to the R.J. Noble Company, the lowest responsive and responsible bidder.
Financial Impact:
Funding for the project in the amount of $1,650,000 is included in the FY 16-17 budget in Measure
M Account No. 21385201.69300 ($75,387) and in the FY15-16 CIP Carry Forward presented as
part of tonight’s agenda in Measure M Account No. 21390025.82300 ($1,074,613) and OCTA Grant
Fund Account No. 87390009.82300 ($500,000).
In order to utilize the 16-17 funds, City Council will need to authorize an amendment to the 16-17
Capital Improvement Program (CIP) to include arterial rehabilitation projects from the 15-16 CIP.
This expenditure will be absorbed in the Measure M fund.
Recommended Action:
A) Accept the lowest responsive and responsible base bid submitted by the R.J. Noble Company in
the amount of $1,416,298.50.
B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the
City Attorney.
C) Authorize an amendment to the Arterial Rehabilitation project included in the FY 16-17 CIP to
include the following street segments: Edinger Avenue (Graham to Springdale), Warner Avenue
(Beach to Newland), Adams Avenue (Beach to Newland) and Atlanta Avenue (Beach to Newland).
Alternative Action(s):
Reject all bids, or provide staff with alternative action.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
SUBJECT: Accept the lowest responsive and responsible bid and authorize execution of a
construction contract with the R.J. Noble Company in the amount of
$1,416,298.50 for the Edinger Avenue Rehabilitation and Warner Avenue
Rehabilitation Project, CC-1516; and, authorize an amendment to move last
years CIP Arterial Rehabilitation Projects CC-1516 and the forthcoming project
CC-1502 Adams Avenue and Atlanta Avenue, into this year’s FY 16-17 CIP
HB -32-Item 5. - 1
Dept. ID PW17-001 Page 2 of 3
Meeting Date: 1/17/2017
Analysis:
The project will rehabilitate Edinger Avenue (Graham Street to Springdale Street) and Warner
Avenue (Beach Blvd. to Newland Street). The segments of Edinger Avenue and Warner Avenue
were last rehabilitated in 1981 and 1999 respectively.
Rehabilitation methods include grinding out and replacing failed asphalt concrete as well as
standard overlay. Sewer manholes and water meter boxes and valves will be adjusted to grade.
Areas of raised or settled curb, gutter and sidewalk will be replaced as necessary.
The project is using a sustainable paving material which utilizes rubberized asphalt concrete (RAC)
which contains crumb rubber derived from 100% California waste tire rubber. A two inch layer of
RAC uses over 2,000 waste tires per lane mile. The project will divert more than 7,000 waste tires
that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation
of the City’s arterial streets has resulted in the diversion of over 290,000 waste tires.
BIDDER’S NAME BID AMOUNT
(Amount Read at Bid
Opening and Basis of Award)
TOTAL CONTRACT AMOUNT
The R. J. Noble Company $1,416,298.50 $1,416,298.50
All American Asphalt $1,463,769.00 $1,463,769.00
Hardy & Harper, Inc. $1,477,000.00 $1,477,000.00
Sequel Contractors, Inc. $1,539,175.00 $1,539,175.00
Excel Paving $1,578,868.00 $1,578,868.00
The engineer’s estimate for the project is $1,507,457.00. Staff recommends awarding a contract to
the R.J. Noble Company in the amount of $1,416,298.50.
The R.J. Noble Company has provided acceptable street rehabilitation construction in the past
including the Talbert Avenue (Gothard St. to Newland St.) rehabilitation that was finished last
month. The total project cost is estimated to be $1,650,000.00, which includes the construction
contract, project management, construction contingency, and supplementals (soils and materials
testing, construction support services by outside firms, in-house inspection services and additional
engineering support). In addition to the grant funding of $500,000 from the OCTA Arterial
Pavement Management (APM) program, reimbursement from the California Department of
Resources Recycling and Recovery Targeted Rubberized Asphalt Concrete Incentive Grant in the
amount of $29,000 is anticipated.
Also included is a request to authorize an amendment for last year’s Arterial Rehabilitation Program
projects to be in the FY16/17 Arterial Rehabilitation Program which are projects CC-1516: Edinger
Avenue (Graham to Springdale) and Warner Avenue (Beach to Newland), and forthcoming project
CC-1502: Adams Avenue (Beach Blvd. to Newland Street) and Atlanta Avenue (Beach Blvd. to
Newland Street).
Public Works Commission Action:
The Public Works Commission reviewed and approved CC-1516 on March 16, 2016, with a vote of
6-0-1 (Capps-absent).
Environmental Status:
The project is categorically exempt pursuant to Class 1, section 15031c of the California
Environmental Quality Act.
HB -33-Item 5. - 2
Dept. ID PW17-001 Page 3 of 3
Meeting Date: 1/17/2017
Strategic Plan Goal: Enhance and maintain infrastructure
Attachment(s):
1. Project Location Map CC-1516
HB -34-Item 5. - 3
HB -35-Item 5. - 4
Dept. ID ED 17-02 Page 1 of 5
Meeting Date: 1/17/2017
Statement of Issue:
In accordance with the Redevelopment Dissolution, AB X1 26, AB 1484, and SB 107, the
Successor Agency to the former Huntington Beach Redevelopment Agency is asked to approve the
repayment of loans from the City (General Fund and other Funds) by re-confirming that the loans
were made for eligible redevelopment projects and the loans are an enforceable obligation.
Financial Impact:
If approved by the State of California’s Department of Finance, the City could receive repayment of
loans between $16 million to $55 million. The funds, if approved, would be repaid over multiple
years through the annual Recognized Obligation Payment Schedule (ROPS). It is anticipated the
City will be informed of the amount to be repaid, if any, by April 14, 2017.
Successor Agency Recommended Action:
A) Adopt Resolution No. 2017-03, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Acquisition Associated
with the Strand Project was for Legitimate Redevelopment Purposes, and Approving the
Loan as an Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)”; and
B) Adopt Resolution No. 2017-04, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding the Relocation and
Demolition of Driftwood and Pacific Mobile Home Parks related to the Waterfront Master
Site Plan was for Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety Code
Section 34191.4(B)”; and,
C) Adopt Resolution No. 2017-05, “A Resolution of the Successor Agency to the Huntington
CITY OF HUNTINGTON BEACH
REQUEST FOR. SUCCESSOR AGENCY ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Chair and Successor Agency Board Members
SUBMITTED BY: Fred A. Wilson, Executive Director
PREPARED BY: Lori Ann Farrell, Chief Financial Officer
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Adopt Successor Agency Resolution Nos. 2017-03 through 2017-14 Finding that
the Loans made by the Former Redevelopment Agency were for Legitimate
Purposes and Approving the Loans as Enforceable Obligations for Repayment
HB -36-Item 6. - 1
Dept. ID ED 17-02 Page 2 of 5
Meeting Date: 1/17/2017
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Relocation Costs paid to
Terry's Coffee Shop and First Interstate Bank was for Legitimate Redevelopment Purposes,
and Approving the Loan as an Enforceable Obligation and the Schedule for Repayment of
Said Loan by the Successor Agency to the City of Huntington Beach, in Accordance with
Health and Safety Code Section 34191.4(B)”; and,
D) Adopt Resolution No. 2017-06, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Relocation Costs Paid
to Wind and Sea Surf Shop was for Legitimate Redevelopment Purposes, and Approving
the Loan as an Enforceable Obligation and the Schedule for Repayment of said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)”; and,
E) Adopt Resolution No. 2017-07, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Acquisition Costs
Associated with the Second Block Alley and Street Improvement Project was for Legitimate
Redevelopment Purposes, and Approving the Loan as an Enforceable Obligation and the
Schedule for Repayment of said Loan by the Successor Agency to the City of Huntington
Beach, in Accordance with Health and Safety Code Section 34191.4(B)”; and,
F) Adopt Resolution No. 2017-08, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Relocation, Property
Acquisition, and Other Project Costs Associated with the Third Block West
Condominium/Retail/Office Project in the Main-Pier Redevelopment Project Area was for
Legitimate Redevelopment Purposes, and Approving the Loan as an Enforceable Obligation
and the Schedule for Repayment of Said Loan by the Successor Agency to the City of
Huntington Beach, in Accordance with Health and Safety Code Section 34191.4(B)”; and,
G) Adopt Resolution No. 2017-09, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Acquisition of Land
within the Main-Pier Project Area for Phase II Development Projects was for Legitimate
Redevelopment Purposes, and Approving the Loan as an Enforceable Obligation and the
Schedule for Repayment of said Loan by the Successor Agency to the City of Huntington
Beach, in Accordance with Health and Safety Code Section 34191.4(B)”; and,
H) Adopt Resolution No. 2017-10, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Acquisition of Land
within The Main-Pier Project Area to Implement the Construction of Parking Facilities within
the Downtown Main-Pier Area was for Legitimate Redevelopment Purposes, and Approving
the Loan as an Enforceable Obligation and the Schedule for Repayment of Said Loan by the
Successor Agency to the City of Huntington Beach, in Accordance with Health and Safety
Code Section 34191.4(B)”; and,
HB -37-Item 6. - 2
Dept. ID ED 17-02 Page 3 of 5
Meeting Date: 1/17/2017
I) Adopt Resolution No. 2017-11, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan Made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding Land and Right-Of-Way
Acquisition Costs connected with the Gothard-Hoover Extension Project and Development
of a Public Storage Facility in the Huntington Beach Redevelopment Project was for
Legitimate Redevelopment Purposes, and Approving the Loan as an Enforceable Obligation
and the Schedule for Repayment of said Loan by the Successor Agency to the City Of
Huntington Beach, in Accordance with Health and Safety Code Section 34191.4(B)”; and,
J) Adopt Resolution No. 2017-12, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding FY 2004-05 Capital
Projects was for Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety Code
Section 34191.4(B)”; and,
K) Adopt Resolution No. 2017-13, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan made by the City of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding the Emerald Cove
Property Transfer was For Legitimate Redevelopment Purposes, and Approving the Loan as
an Enforceable Obligation and the Schedule for Repayment of said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety Code
Section 34191.4(B)”; and
L) Adopt Resolution No. 2017-14, “A Resolution of the Successor Agency to the Huntington
Beach Redevelopment Agency Finding, and Recommending to its Oversight Board that the
Oversight Board Finds, that the Loan Made by the City Of Huntington Beach to the Former
Redevelopment Agency of the City of Huntington Beach Regarding the Emerald Cove
Bonds was for Legitimate Redevelopment Purposes, and Approving the Loan as an
Enforceable Obligation and the Schedule for Repayment of Said Loan by the Successor
Agency to the City of Huntington Beach, in Accordance with Health and Safety Code
Section 34191.4(B).”
Alternative Action(s):
Direct staff as necessary and do not approve the Resolutions and do not seek repayment of the
former Agency loans.
Analysis:
The City’s Redevelopment Agency was created in 1969. At first, the Redevelopment Agency
consisted of several sub-areas. In 1996, the areas were combined into the Merged Project Area
including; Main Pier, Huntington Center, Talbert-Beach, Oakview, and Yorktown-Lake. In 2002, the
Southeast Coastal Redevelopment Project Area was formed. Redevelopment areas were required
to incur debt, prior to being able to collect the increased tax increment. The City’s General Fund
and other Funds loaned money to the Agency for various redevelopment projects. Due to recent
legislation, the City’s Funds can now begin to be repaid.
Under Assembly Bill No. X1 26 and the California Supreme Court’s decision in California
Redevelopment Association v. Matosantos, the Redevelopment Agency of the City of Huntington
Beach, together with all other redevelopment agencies in the State of California, were dissolved in
HB -38-Item 6. - 3
Dept. ID ED 17-02 Page 4 of 5
Meeting Date: 1/17/2017
February 2012. Consistent with AB X1 26, the City became the Successor Agency of the
Huntington Beach Redevelopment Agency, and acquired its assets, funds, and enforceable
obligations.
In addition to AB X1 26, two clean-up redevelopment dissolution bills have been adopted to clarify
provisions of the law. Those two bills AB 1484 (2012) and SB 107 (2015) mandated that the
Successor Agency and Oversight Board take certain actions to wind-down the activities of the
former Redevelopment Agency. These activities have included review of housing assets, Long
Range Property Management Plan and the receipt of a Finding of Completion. The Huntington
Beach Successor Agency received a Finding of Completion on May 13, 2014.
The Successor Agency has completed all aspects of the redevelopment dissolution to be able to
request loan repayments to the City. Prior to being authorized to commence repayments of the
former loans, the Successor Agency must approve the loans as “eligible loans” under the
dissolution law. In addition, SB 107 has mandated that the interest rate on the loans be recalculated
from the date of the origination of the loan on a quarterly basis at a simple interest rate of 3%.
Eligible loans are defined in three areas: loans where money was transferred from the City to the
former redevelopment agency for an eligible purpose; agreements where the City transferred real
property to the former redevelopment agency for an eligible purpose and the redevelopment
agency is obligated repay; and third party contracts for infrastructure. The City’s former
redevelopment agency has twelve such eligible loans and is asking the Successor Agency to
reconfirm these loans were for an eligible purpose and recommend approval by the Oversight
Board and placement on the Recognized Obligation Repayment Schedule for repayment to the
City. The loans are as follows:
1. Capital Improvement Projects in FY 2004/5 in the Southeast Coastal Redevelopment
Project area for the Magnolia Street and Sidewalk and Lighting project.
2. Loans by the Redevelopment Agency for the purchase of the Emerald Cove Senior
Housing Project.
3. Repayment of the Emerald Cove bonds (Certificates of Participation (COPS)) for the
construction of Emerald Cove Senior Housing Project.
4. Loan for the purchase of the Gothard/Hoover land (where Vans Skate Park is located).
5. Loans to purchase land for The Strand project.
6. Loans to purchase land for the Main Promenade Parking Structure and property on first
block.
7. Loans for land purchase, relocation and other project costs for Plaza Almeria.
8. Loans for alley and sidewalk improvements in the Downtown area.
9. Loans for relocation for the Strand project.
10. Loans for relocation for the Pierside Pavilion project.
11. Loans for the acquisition and relocation of mobile homes in the Waterfront commercial
Master Plan site.
12. Loans for land assemblage for the Strand Project.
Environmental Status: Not Applicable
Strategic Plan Goal:
Strengthen Economic and Financial Sustainability
Attachment(s):
1. Successor Agency Resolution No. 2017-03
2. Successor Agency Resolution No. 2017-04
3. Successor Agency Resolution No. 2017-05
4. Successor Agency Resolution No. 2017-06
HB -39-Item 6. - 4
Dept. ID ED 17-02 Page 5 of 5
Meeting Date: 1/17/2017
5. Successor Agency Resolution No. 2017-07
6. Successor Agency Resolution No. 2017-08
7. Successor Agency Resolution No. 2017-09
8. Successor Agency Resolution No. 2017-10
9. Successor Agency Resolution No. 2017-11
10. Successor Agency Resolution No. 2017-12
11. Successor Agency Resolution No. 2017-13
12. Successor Agency Resolution No. 2017-14
HB -40-Item 6. - 5
HB -41-Item 6. - 6
HB -42-Item 6. - 7
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HB -96-Item 6. - 61
HB -97-Item 6. - 62
HB -98-Item 6. - 63
HB -99-Item 6. - 64
HB -100-Item 6. - 65
HB -101-Item 6. - 66
HB -102-Item 6. - 67
HB -103-Item 6. - 68
HB -104-Item 6. - 69
HB -105-Item 6. - 70
HB -106-Item 6. - 71
HB -107-Item 6. - 72
HB -108-Item 6. - 73
HB -109-Item 6. - 74
HB -110-Item 6. - 75
HB -111-Item 6. - 76
HB -112-Item 6. - 77
Dept. ID ED 17-01 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
The Successor Agency is requested to approve the Recognized Obligation Payment Schedule
(ROPS) and Administrative Budget for the period of July 1, 2017, through June 30, 2018. An
approved ROPS must be submitted to the Department of Finance (DOF) by February 1, 2017. Due
to recent changes in legislation, the Successor Agency is submitting an annual ROPS in lieu of the
previous six-month ROPS period.
Financial Impact:
The ROPS provides the County Auditor-Controller with the amount of the former Redevelopment
Agency’s enforceable obligations for which the Successor Agency anticipates incurring
expenditures. Once approved by DOF, the Successor Agency will be entitled to receive property tax
revenue up to the amount of the DOF-approved enforceable obligations included in the Payment
Schedule.
Successor Agency Recommended Action:
A) Adopt Resolution No. 2017-01, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Recognized Obligation Payment Schedule
for the Period July 1, 2017 - June 30, 2018 (‘ROPS 17-18’);" and,
B) Adopt Resolution No. 2017-02, "A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative Budget for
the Period July 1, 2017 Through June 30, 2018."
Alternative Action(s):
Do not adopt the Resolutions and direct staff accordingly. Per Health and Safety Code Section
34177(m)(2), the Successor Agency will be assessed a $10,000 per-day penalty for failure to
submit the ROPS on a timely basis. Additionally, failure to submit the ROPS within ten (10) days of
the deadline may result in a 25% reduction of the Successor Agency’s maximum administrative
cost allowance for the period covered by the delinquent ROPS.
CITY OF HUNTINGTON BEACH
REQUEST FOR. SUCCESSOR AGENCY ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Chair and Successor Agency Board Members
SUBMITTED BY: Fred A. Wilson, Executive Director
PREPARED BY: Ken Domer, Assistant City Manager
Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Adopt Successor Agency Resolutions Nos. 2017-01 and 2017-02 approving the
Recognized Obligation Payment Schedule (ROPS) and Administrative Budget
for the Huntington Beach Successor Agency for the period of July 1, 2017,
through June 30, 2018, in accordance with Health and Safety Code Section
34177 and related actions
HB -113-Item 7. - 1
Dept. ID ED 17-01 Page 2 of 2
Meeting Date: 1/17/2017
Analysis:
As a result of the California Supreme Court’s ruling on the Dissolution Act, all redevelopment
agencies in California were dissolved effective February 1, 2012. The Dissolution Act and AB 1484
describe the procedures to wind-down the affairs of the former redevelopment agencies. These
provisions include the continued payment of recognized enforceable obligations as defined in the
law. The Recognized Obligation Payment Schedule for July 1, 2017, through June 30, 2018,
requests payment for enforceable obligations associated with the former Redevelopment Agency’s
Tax Allocation bonds, development agreements, legal services, administrative, and other
miscellaneous costs. The DOF has the authority to review the ROPS and return it to the Successor
Agency for reconsideration and modification.
Recently, the Governor signed Senate Bill 107 which provided additional “clean-up” to the
dissolution of the former redevelopment agencies. Some of the items within the legislation include
the retention of the City’s Oversight Board through 2017 and changing the bi-annual ROPS to an
annual submittal. Pursuant to HSC section 34177 (o) (1), commencing with the ROPS in 2016/2017
and thereafter, agencies shall submit an Oversight Board-approved annual ROPS to DOF and the
Orange County Auditor-Controller by February 1. Finance will make its determination by April 14,
2017, and each April 15 thereafter. Therefore, the ROPS shall not be effective until approved by the
State DOF.
This is the first ROPS, where the Successor Agency can begin repayment of former redevelopment
agency loans from the City. The amount requested may not be approved by DOF and we will not
know the approved amount until April 14, 2017. The maximum amount of loan funds that would be
eligible for repayment this year is $4.6 million. A separate Successor Agency action will discuss the
loans and potential repayment.
The Administrative Budget for the July 1, 2017, through June 30, 2018, period reflects a total of
$250,000, which represents three percent (3%) of the projected property tax receipts during this
period.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Strengthen Economic and Financial Sustainability
Attachment(s):
1. Resolution No. 2017-01, “A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Recognized Obligation Payment
Schedule for the Period July 1, 2017 - June 30, 2018 (‘ROPS 17-18’)”
2. Resolution No. 2017-02, “A Resolution of the Successor Agency to the Redevelopment
Agency of the City of Huntington Beach Approving the Successor Agency Administrative
Budget for the Period July 1, 2017, Through June 30, 2018”
HB -114-Item 7. - 2
HB -115-Item 7. - 3
HB -116-Item 7. - 4
HB -117-Item 7. - 5
HB -118-Item 7. - 6
HB -119-Item 7. - 7
HB -120-Item 7. - 8
HB -121-Item 7. - 9
HB -122-Item 7. - 10
HB -123-Item 7. - 11
HB -124-Item 7. - 12
HB -125-Item 7. - 13
HB -126-Item 7. - 14
Dept. ID FN 17-002 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue: Certain Capital Improvement Program (CIP) projects, previously budgeted,
were not completed by September 30, 2016, the end of Fiscal Year (FY) 2015/16. To continue
these projects, $22,478,756 of remaining unspent appropriations need to be carried over into Fiscal
Year 2016/2017 to help ensure project completion.
Financial Impact: The $22,478,756 of remaining unspent appropriations is detailed by each
applicable Fund in the attached Exhibit A. There are sufficient fund balances and/or ongoing
revenue in these funds to support the request.
Recommended Action:
Adopt Resolution No. 2017-04, “A Resolution of the City Council of the City of Huntington Beach
Amending the Fiscal Year 2016/17 Budget to Carry Over Unspent Appropriations from Fiscal Year
2015/16”, which incorporates and references the continuation of funding. Exhibit A lists individual
capital improvement projects and their respective carryover amounts totaling $22,478,756.
Alternative Action(s): Do not approve the recommended action and direct staff accordingly.
Analysis: Each fiscal year, there are budgeted capital projects that have not been completed by
the close of the fiscal year. The City is required to carryover appropriations into the following fiscal
year in order to complete those previously approved and budgeted capital improvement projects.
The attached Resolution references Exhibit A: “Carryover of Projects from FY 2015/16 to FY
2016/17”, totaling $22,478,756 across multiple Funds for the amounts necessary to continue work
in FY 2016/17 on the various capital projects underway from the previous fiscal year.
Attachment 2 “Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2016/17”
provides the estimated fund balances for the various Funds after projected revenues, adopted
budget appropriations and carryover appropriations are taken into consideration for FY 2016/17.
Environmental Status: Not Applicable.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer
SUBJECT: Adopt Resolution No. 2017-04 amending the Fiscal Year 2016/17 Budget to
Carry Over Unspent Appropriations from Fiscal Year 2015/16 for the
Continuation of Capital Improvement Program (CIP) Projects
HB -127-Item 8. - 1
Dept. ID FN 17-002 Page 2 of 2
Meeting Date: 1/17/2017
Strategic Plan Goal:
Strengthen Economic and Financial Sustainability
Enhance and Maintain Infrastructure
Enhance and Maintain Public Safety
Improve Quality of Life
Enhance and Maintain City Service Delivery
Attachment(s):
1. Resolution No. 2017-04, “A Resolution of the City Council of the City of Huntington Beach
Amending the Fiscal Year 2016/17 Budget to Carry Over Unspent Appropriations from
Fiscal Year 2015/16” and Exhibit A.
2. Analysis of Funding Sources for Carryover Appropriations Fiscal Year 2016/17.
HB -128-Item 8. - 2
HB -129-Item 8. - 3
HB -130-Item 8. - 4
Exhibit A
Carryover of Projects from FY 2015/16 to FY 2016/17
Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2015/16
(Business Unit)
Air Quality
Public Works/201 Adams Synchronization 14,268$ 20190011
Subtotal 14,268$
Traffic Impact
Public Works/206 Atlanta Avenue Widening 98,450$ 20690002
Public Works/206 Edinger Widening 423,484$ 20690013
Subtotal 521,934$
Gas Tax
Public Works/207 Residential Pavement 103,244$ 20785417
Public Works/207 Bridge Rehabilitation 247,515$ 20790010
Public Works/207 Yorktown/ Huntington Modification 59,317$ 20790029
Public Works/207 Main/ Florida Signal Equip Replacement 20,000$ 20790037
Public Works/207 Utica Bicycle Blvd 74,000$ 20790038
Public Works/207 Residential Tree Petition 15-16 19,952$ 20790040
Public Works/207 Signal Interconnect 58,792$ 20790041
Public Works/207 Bolsa Chica/ Pearce Traffic Signal 68,949$ 20790042
Public Works/207 Brookhurst/ Indianapolis Signal 5,000$ 20790043
Public Works/207 Goldenwest/ Heil Signal Modification 29,057$ 20790044
Public Works/207 Gothard/ Slater Signal Modification 27,502$ 20790045
Public Works/207 Gothard/ Center Signal Modification 30,371$ 20790046
Public Works/207 Newland/ Ellis Signal Modification 37,153$ 20790048
Subtotal 780,853$
Park Acquisition & Development
Community Svcs/209 Sports Complex Team Room 91,971$ 20945001
Community Svcs/209 Shipley Permanent Parking Lot 174,093$ 20945003
Community Svcs/209 Worthy Park Reconfiguration - Phase I 1,311,308$ 20945004
Community Svcs/209 Beach Playground 228,550$ 20945007
Subtotal 1,805,922$
Measure M
Public Works/213 Arterial Rehabilitation 15-16 1,074,613$ 21390025
Subtotal 1,074,613$
Traffic Congestion Relief 42
Public Works/219 Atlanta Avenue Widening 296,000$ 21990002
Public Works/219 Utica Bicycle Blvd 153,400$ 21990010
Public Works/219 CC 1465 Traffic Signal Modifcation 45,910$ 21990420
Public Works/219 Main/ Florida Signal Replacement 40,605$ 21990421
Public Works/219 Bolsa Chica/ Bolsa Signal Replacement 10,000$ 21990422
Subtotal 545,915$
Gun Range Settlement
Community Services/225 Gun Range Settlement 50,000$ 22545001
Subtotal 50,000$
Quimby
Community Services/226 Bartlett Park Phase I 60,600$ 22645001
Subtotal 60,600$
HB -131-Item 8. - 5
Exhibit A
Carryover of Projects from FY 2015/16 to FY 2016/17
Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2015/16
(Business Unit)
Infrastructure
Public Works/314 Worthy Park Reconfiguration - Phase I 451,096$ 31445002
Public Works/314 Main Promenade P.S. Improvements 117,117$ 31445003
Public Works/314 Infrastructure Engineer Design 509,180$ 31485201
Public Works/314 New Senior Center 1,166,385$ 31487003
Public Works/314 Heil Pump Station 2,276,187$ 31488001
Public Works/314 Bella Terra Pedestrian Crossing 263,639$ 31490001
Public Works/314 Atlanta Avenue Widening 663,710$ 31490004
Subtotal 5,447,314$
Sewer Service Fund
Public Works/511 Sewer Line CIP 104,250$ 51189002
Public Works/511 LS #6 Edgewater/ Davenport 2,475,688$ 51189010
Subtotal 2,579,938$
Energy Efficiency
Public Works/807 LED Streetlight and Parking 29,819$ 80787012
Subtotal 29,819$
CDBG 12/13
Non-Departmental/815 Police Department Lobby 63,320$ 81582003
Subtotal 63,320$
CDBG 08/09
Non-Departmental/859 HBPD Limited ADA Improvements 58,841$ 85982003
Subtotal 58,841$
CDBG 14/15
Non-Departmental/1208 HBPD Main Lobby ADA Improvements 49,720$ 120881501
Subtotal 49,720$
OCTA Grant
Public Works/873 Brookhurst/Adams Intersection 69,645$ 87390002
Public Works/873 Traffic Studies 6,651$ 87390006
Public Works/873 OCTA/ SIP Grant 999,219$ 87390009
Public Works/873 Atlanta Avenue Widening 1,200,000$ 87390017
Public Works/873 Utica Bicylce blvd 682,260$ 87390019
Subtotal 2,957,775$
Master Plan of Arterial Highways
Public Works/965 Master Plan of Arterial Highways (Atlanta)304,008$ 96585001
Subtotal 304,008$
Highway Safety Improvement Program
Public Works/995 CC 1464 Highway Safety Improvement 2,059,458$ 99585001
Public Works/995 CC 1465 Highway Safety Improvement 673,200$ 99585002
Public Works/995 Bolsa Chica/Pearce Traffic Signal 21,600$ 99590001
Public Works/995 Signal Modification at Goldenwest/Heil 10,800$ 99590002
Public Works/995 Signal Modification at Gothard/Center 10,800$ 99590003
Public Works/995 Signal Modification at Gothard/Slater 10,800$ 99590004
Public Works/995 Signal Modification at Newland/Ellis 10,800$ 99590005
Public Works/995 Install Signal Interconnect Conduit/Cable 10,800$ 99590006
Public Works/995 Signal Modification at Newland/Slater 8,353$ 99590007
Subtotal 2,816,611$
HB -132-Item 8. - 6
Exhibit A
Carryover of Projects from FY 2015/16 to FY 2016/17
Department/Fund Description
Amount to be
Carried Over
Funding Source
From FY 2015/16
(Business Unit)
Hazard Mitigation Grant Program (HMGP)
Public Works/1222 Heil Pump Station 2,478,266$ 122285001
Subtotal 2,478,266$
Housing Related Parks Grant
Community Services/1229 Housing Related Parks Grant 97,890$ 122945101
Subtotal 97,890$
TOTAL 21,737,605$
General Fund
Public Works/100 PD and Lobby Security Project 444,350$ 10040314
Public Works/100 Sand Replenishment 156,300$ 10040314
Public Works/100 Sunset Vista RV Campground 100,000$ 10040314
Subtotal 700,650$
Donations
Community Services/103 Donations Disabled Park 40,500$ 10345103
Subtotal 40,500$
TOTAL - All Funds 22,478,756$
HB -133-Item 8. - 7
Analysis of Funding Sources for Carryover Appropriations
Fiscal Year 2016/17
Estimated
Undesignated
Fund Balance *
FY 2016/17
Revised
Revenues
FY 2016/17
Revised
Expenditures
Budgetary
Fund Balance
Carryover
Appropriations
Budgetary
Fund Balance
After Carryover
Appropriations
201 Air Quality 802,801 260,000 (1,022,019) 40,782 (14,268) 26,514
206 Traffic Impact 3,604,038 1,370,000 (144,788) 4,829,250 (521,933) 4,307,317
207 Gas Tax 2,113,200 3,590,321 (4,338,704) 1,364,817 (780,853) 583,964
209 Park Acquisition & Development 2,135,412 - (305,990) 1,829,422 (1,805,922) 23,500
213 Measure M 4,792,767 3,342,328 (5,457,243) 2,677,852 (1,074,613) 1,603,239
219 Traffic Congestion Relief 42 1,252,903 484,131 (1,062,755) 674,279 (545,915) 128,364
225 Gun Range Settlement 330,632 - - 330,632 (50,000) 280,632
226 Quimby 3,055,849 450,000 (132,583) 3,373,266 (60,600) 3,312,666
314 Infrastructure 7,139,489 10,000 (1,633,446) 5,516,043 (5,447,314) 68,729
511 Sewer Service 21,366,229 10,685,000 (9,928,783) 22,122,446 (2,579,938) 19,542,508
807 Energy Efficiency 449,175 - (183,720) 265,455 (29,819) 235,636
815 CDBG 12/13 - 63,320 - 63,320 (63,320) -
859 CDBG 08/09 - 58,841 - 58,841 (58,841) -
873 OCTA/CIP Grant 289,988 4,089,699 (972,489) 3,407,198 (2,957,775) 449,423
965 Master Plan of Arterial (1,314,073) 1,618,081 - 304,008 (304,008) -
995 Hwy Sfty Improvement Pgm 58,794 2,758,335 (518) 2,816,611 (2,816,611) -
1208 CDBG 14/15 - 156,061 (106,341) 49,720 (49,720) -
1222 Hazard Mitigation Grant Pgm 30,402 2,494,969 (47,105) 2,478,266 (2,478,266) -
1229 Housing Related Parks Grant (109,997) 284,200 (76,313) 97,890 (97,890) -
100 General Fund CIP Projects (700,650)
103 Donations (40,500)
Total Requested Carryover Appropriations (22,478,756)
* Estimated Fund Balance as of 10/1/16
Fund
HB -134-Item 8. - 8
Dept. ID HR 17-001 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
The City’s Classification Plan requires an amendment to incorporate changes considered and
approved by the Personnel Commission at the regularly scheduled meeting held December 21,
2016.
Financial Impact:
Funding for the proposed job classifications is included in the FY 2016-17 budget. No additional
appropriation is requested.
Recommended Action:
Adopt Resolution No. 2017-06, “A Resolution of the City Council of the City of Huntington Beach
Amending the City’s Classification Plan by Amending the Titles of Information Systems
Communications Manager to Information Technology Manager – Infrastructure; Business Systems
Manager to Information Technology Manager – Systems; Information Systems Computer
Operations Manager to Information Technology Manager - Operations.”
Alternative Action(s):
Reject amendments to the classification plan. In accordance with Personnel Rule 12-4, if an
amendment to the City’s Classification Plan is rejected by the City Council, the City Council is to
refer such amendments or revisions back to the Personnel Commission with reasons for rejection
and its recommendation thereon.
Analysis:
At the December 21, 2016, meeting, the Personnel Commission approved changes to three
classification titles, including updates to the content of the classification specifications. The
Personnel Commission has considered and approved the following amendments to the City’s
Classification Plan:
Title Changes (with Class Specification Updates)
Information Systems Communications Manager (current)
Information Technology Manager – Infrastructure (new)
Business Systems Manager (current)
Information Technology Manager – Systems (new)
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Michele Warren, Director of Human Resources
SUBJECT: Adopt Resolution No. 2017-06 amending the City’s Classification Plan by
approving the modified Classification Titles of Information Technology Manager
HB -135-Item 9. - 1
Dept. ID HR 17-001 Page 2 of 2
Meeting Date: 1/17/2017
Information Systems Computer Operations Manager (current)
Information Technology Manager – Operations (new)
There were no modifications to the compensation of any of the classifications; however the
associated salary table is required to be updated to reflect the new titles.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and Maintain City Service Delivery
Attachment(s):
1. Resolution No. 2017-06
2. Job Class Specifications (Exhibit A - C)
A) Information Technology Manager – Infrastructure
B) Information Technology Manager – Systems
C) Information Technology Manager – Operations
3. Modified MEO Salary Table
4. Personnel Commission Staff Reports - 12/21/2016
HB -136-Item 9. - 2
2017-06
HB -137-Item 9. - 3
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 1 of 6
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
JOB CODE:
EMPLOYMENT STATUS:
UNIT REPRESENTATION:
FLSA STATUS:
0489
REGULAR FULL-TIME
MEO
EXEMPT
JOB SUMMARY
Under administrative direction, responsible for planning, organizing, directing, staffing, and
controlling technology functions and/or operations of multiple work units within the Information
Services Department.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Chief Information Officer
Supervises: Professional and technical staff
DISTINGUISHING CHARACTERISTICS
Differs from Chief Information Officer in that the Information Technology Manager – Infrastructure
manages enterprise information technology network, infrastructure, data, and voice division while
the Chief Information Officer is responsible for the overall management and coordination of the
Information Services Department and the short and long-term strategic planning for technology
functions for the City.
Differs from Senior Information Technology Analyst in that the Information Technology Manager –
Infrastructure exercises full supervisory and managerial authority over assigned operational
functions within the department while the Senior Information Technology Analyst performs complex
systems analysis and exercises lead responsibility for a limited work group or project.
EXAMPLES OF ESSENTIAL DUTIES:
• Manages the analysis, evaluation, design, and implementation of the infrastructure architecture.
• Designs, develops, and implements complex physical and logical networks.
• Develops and implements security guidelines, policies, and solutions
• Designs and implements enterprise storage and processing solutions
HB -138-Item 9. - 4
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 2 of 6
• Responsible for broadband and connectivity citywide
• Works closely with telecommunication vendors and internet service providers to develop and
implement network connectivity solutions.
• Develops strategic plans, objectives and priorities for assigned work unit(s)/operational area(s);
plans, develops and implements programs that utilize human and financial resources to achieve
results
• Manages the work of staff; determines organizational structure, staffing needs, and work
strategies; supervises the work of professional, technical and/or other employees directly or
through subordinate supervisors; to ensure adequate resources to perform their duties; ensures
that assigned operations and activities comply with organization goals and objectives.
• Works with executive management on City-wide initiatives and prepares technical and non-
technical data and information for presentation to stakeholders including the Executive Team,
City Council, county-wide agency leaders and other officials regarding technology initiatives,
strategies, policies and procedures.
• Formulates and develops plans, policies and project programs to meet short and long-term
needs of the City
• Reviews and evaluates feasibility of major projects and initiatives; works with managers and
technical staff to plan for implementation of new systems; participates in the study of new
technology to determine its utility, consistency with technology standards, relevance for meeting
City business and operational requirements and expected return on investment
• Directs and coordinates the planning, development, implementation and administration of a
variety of projects, including cross-department and City-wide projects; coordinates project
activities with other programs, departments and outside agencies; may serve as the initial
project advisor or manager for major projects City wide
• Develops and administers annual budget; approves and tracks expenditures; reviews, approves
and researches costs for new hardware, software and other items; reviews, approves and
prepares cost/benefit analyses, reports and recommendations
• Manages the development of operational and/or functional standards, practices, policies and
procedures; participates in the development and implementation of strategic department goals,
policies and priorities
• Manages the information technology infrastructure, architecture, systems, networks, software
and resources for the assigned work unit/operational area, using various technology tools that
may involve or cross multiple platforms.
• Designs, directs and oversees work unit quality assurance activities.
• Meets and consults with customers and vendors regarding service delivery needs; oversees
and participates in the design, development, delivery and/or implementation of IT products to
meet those needs.
• Assumes responsibility for procurement of services and goods required; develops specifications
for requests for proposal pertaining to external services; reviews submissions and provides
recommendations on vendor selection.
HB -139-Item 9. - 5
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 3 of 6
• Directs the management of projects to enhance and/or upgrade technology services and
utilization.
• Manages projects that vary in size and scope, and require varying levels of staff and resource
support. Prepares reports, correspondence and other documents; participates on committees
and task forces; attends meetings, conferences and training sessions.
• Attends leadership, management, supervisory and information technology training to stay
abreast of industry best practices
• Develops processes to ensure business continuity in the event of a disaster
• Assumes duties of Chief Information Officer when assigned
• Reports to work as scheduled; works a variety of schedules including evenings, weekends, and
holidays as required
• Performs other related duties as assigned.
The preceding duties have been provided as examples of the essential types of work performed by
positions within this job classification. The City, at its discretion, may add, modify, change or
rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the knowledge,
skills, and abilities to successfully perform in the position is qualifying. A typical combination
includes:
Knowledge of:
- Theories, principles, and practices of local and wide area networks (LAN/WAN),
physical/logical networks, Wi-Fi networks, and mobile broadband
- Data security, next-generation firewalls, cryptography, and security information and event
management (SIEM)
- Storage area network (SAN) and Fiber Channel (FC) networks
- Voice over IP (VoIP) phone systems
- E-mail and communication systems
- Data center systems including servers, uninterruptable power supplies, backup, disaster
recovery, and monitoring systems.
- Mobility and remote access
- Principles and practices of public administration, including budgeting, staff development,
customer service and human resource management.
- Principles and practices of effective management, supervision and leadership.
- Computer hardware and software systems similar to those being used by the City’s
Information Services Department, including business applications, operating systems, and
network systems.
HB -140-Item 9. - 6
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 4 of 6
- Principles, practices and techniques of advanced project management, including organizing
and managing a project, developing schedules, identifying critical paths, breaking down a
project into individual tasks, and delegating assignments to project staff
- Advanced principles, methods and techniques used in designing, developing, testing and
implementing information technology applications, systems and networks.
- Advanced operations, services, concepts, terms and activities common to a comprehensive,
state-of-the-art information technology program.
- Advanced information technology development lifecycle and design principles using
flowcharting techniques and prototype development tools.
- Advanced methods and techniques of evaluating business need requirements to provide
technology solutions.
- Database concepts.
- Advanced operational characteristics of local and wide area network systems and
operational characteristics of communication systems, equipment and devices.
- Tools and equipment used in testing the functionality of computer systems.
- Advanced principles and methods of troubleshooting computer hardware, software and
network problems.
- Principles and practices of customer service.
- Methods and techniques of developing and presenting technical documentation and training
materials
- Advanced principles and practices of information technology documentation and record
keeping
- Modern office procedures, methods and equipment.
Ability to:
- Oversee the development and maintenance of information technology systems
- Plan, organize and manage the work of information technology staff responsible for related
applications, systems and/or networks
- Develop and maintain comprehensive procedures manuals and documentation.
- Develop and administer budgets
- Coordinate and administer a variety of information technology projects.
- Gather and evaluate information in order to reason logically, draw valid conclusions, take
appropriate actions and/or make appropriate recommendations.
- Communicate technical information to a wide variety of users.
- Interpret and apply complex and technical information pertaining to computer and network
systems.
- Adapt quickly to changes in policies, procedures, assignments and work locations.
- Communicate effectively, both verbally and in writing.
- Establish and maintain effective working relationships with those encountered during the
course of the work.
HB -141-Item 9. - 7
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 5 of 6
Education: Bachelor’s degree from an accredited college or university in computer science,
information systems technology or other directly related field. Master’s degree desirable.
Experience: Five (5) years’ experience in a complex information technology systems environment
with related experience in area of responsibility, including two (2) years direct supervisory
experience.
License/Certificates: Possession of a valid class “C” California driver license with an acceptable
driving record required time of appointment
System Security Certified Practitioner (SSCP) desirable
Cisco Certified Network Associate (CCNA) or Cisco Certified Network Professional (CCNP)
desirable
Comparable related systems, servers, and security certifications may be considered in lieu of the
above certifications
SPECIAL CONDITIONS
Must be able to respond to emergency services call out
Must pass a background investigation
Employees regularly assigned/required to drive a city or personal vehicle in the course and scope
of work shall be required to participate in the DMV Employer Pull Notice program.
Public Employee Disaster Service Worker: In accordance with Government Code Section 3100,
all Huntington Beach city employees are required to perform assigned disaster service worker
duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Incumbents must be able to meet the physical requirements of the class and have mobility,
balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed.
Work is performed indoors. The incumbent sits for prolonged periods of time; standing and walking
to retrieve work files or to other departments or office locations; leaning, bending and stooping to
perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or
body from desk; reaching to place or retrieve files or open file drawers or cabinets; light grasping to
hold a writing instrument or documents; firm grasping as needed to lift and carry work files or
operate office equipment; finger dexterity to type on a computer keyboard; and, hearing and
speaking to answer the telephone or answer questions of co-workers and subordinates. Work is
performed in a general office environment.
HB -142-Item 9. - 8
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- INFRASTRUCTURE
Page 6 of 6
Reasonable accommodation(s) for an individual with a qualified disability will be considered on a
case-by-case basis.
HB -143-Item 9. - 9
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 1 of 6
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
JOB CODE:
EMPLOYMENT STATUS:
UNIT REPRESENTATION:
FLSA STATUS:
0500
REGULAR FULL-TIME
MEO
EXEMPT
JOB SUMMARY
Under administrative direction, responsible for planning, organizing, directing, staffing, and
controlling technology functions and/or operations of multiple work units within the Information
Services Department.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Chief Information Officer
Supervises: Professional and technical staff
DISTINGUISHING CHARACTERISTICS
Differs from the Chief Information Officer in that the Information Technology Manager – Systems
manages the enterprise information technology business systems and public safety systems
divisions while the Chief Information Officer is responsible for the overall management and
coordination the Information Services Department and the short and long-term strategic planning
for technology functions for the City.
Differs from Senior Information Technology Analyst in that the Information Technology Manager –
Systems exercises full supervisory and managerial authority over assigned operational functions
within the department while the Senior Information Technology Analyst performs complex systems
analysis and exercises lead responsibility for a limited work group or project.
EXAMPLES OF ESSENTIAL DUTIES:
• Manages a team of application developers, programmer and business analysts in support of
many enterprise applications including financial ERP, land management system, billing system,
public safety systems and networks
• Oversees and manages large scale enterprise application implementation
HB -144-Item 9. - 10
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 2 of 6
• Manages operational planning, including planning projects and the allocation of manpower
resources
• Collaborates and maintains communications with department managers and IS point of
contacts
• Designs, implements and enforces business systems and enterprise applications portfolio,
policies, procedures and best practices.
• Manages a team of application developers to develop automated solutions
• Oversees analysts and project managers to maintain a streamlined application implementation
process citywide
• Designs and manages the enterprise software delivery process
• Works with application vendors on maintaining current applications and implement new systems
and applications citywide.
• Develops strategic plans, objectives and priorities for assigned work unit(s)/operational area(s);
plans, develops and implements programs that utilize human and financial resources to achieve
results
• Manages the work of professional, technical, and/or other staff; determines organizational
structure, staffing needs, and work strategies; ensures adequate resources are available for
staff to perform work duties; ensures that assigned operations and activities comply with
organization goals and objectives.
• Works with executive management on City-wide initiatives and prepares technical and non-
technical data and information for presentation to stakeholders including the Executive Team,
City Council, county-wide agency leaders and other officials regarding technology initiatives,
strategies, policies and procedures.
• Formulates and develops plans, policies and project programs to meet short and long-term
needs of the City
• Reviews and evaluates feasibility of major projects and initiatives; works with managers and
technical staff to plan for implementation of new systems; participates in the study of new
technology to determine its utility, consistency with technology standards, relevance for meeting
City business and operational requirements and expected return on investment
• Directs and coordinates the planning, development, implementation and administration of a
variety of projects, including cross-department and City-wide projects; coordinates project
activities with other programs, departments and outside agencies; may serve as the initial
project advisor or manager for major projects City wide
• Develops and administers annual budget; approves and tracks expenditures; reviews, approves
and researches costs for new hardware, software and other items; reviews, approves and
prepares cost/benefit analyses, reports and recommendations.
• Manages the development of operational and/or functional standards, practices, policies and
procedures; participates in the development and implementation of strategic department goals,
policies and priorities.
HB -145-Item 9. - 11
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 3 of 6
• Manages the information technology business systems, enterprise applications, public safety
systems, and related networks, software and resources for the assigned work unit/operational
area, using various technology tools that may involve or cross multiple platforms
• Designs, directs and oversees work unit quality assurance activities
• Meets and consults with customers and vendors regarding service delivery needs; oversees
and participates in the design, development, delivery and/or implementation of IT products to
meet those needs
• Assumes responsibility for procurement of services and goods required; develops specifications
for requests for proposal pertaining to external services; reviews submissions and provides
recommendations on vendor selection
• Directs the management of projects to enhance and/or upgrade technology services and
utilization
• Manages projects that vary in size and scope, and require varying levels of staff and resource
support
• Prepares reports, correspondence and other documents; participates on committees and task
forces; attends meetings, conferences and training sessions
• Attends leadership, management, supervisory and information technology training to stay
abreast of industry best practices
• Develops processes to ensure business continuity in the event of a disaster
• Assumes duties of Chief Information Officer when assigned
• Reports to work as scheduled; works a variety of schedules including evenings, weekends, and
holidays as required
• Performs other related duties as assigned
The preceding duties have been provided as examples of the essential types of work performed by
positions within this job classification. The City, at its discretion, may add, modify, change or
rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the knowledge,
skills, and abilities to successfully perform in the position is qualifying. A typical combination
includes:
Knowledge of:
- Theories, principles, and practices of information systems and related application areas,
software and hardware, system development life cycle, system design, database
management systems, techniques, and design using information engineering techniques
- Analysis, design, programming, and development of software applications
- Business process engineering, documentation and automation
- Enterprise resource planning software systems
- Developing interfaces and application integration methods and concepts
HB -146-Item 9. - 12
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 4 of 6
- Public safety systems and platforms
- Principles and practices of public administration, including budgeting, staff development,
customer service and human resource management
- Principles and practices of effective management, supervision and leadership
- Computer hardware and software systems similar to those being used by the City’s
Information Technology Department, including business applications, operating systems,
and network systems
- Principles, practices and techniques of advanced project management, including organizing
and managing a project, developing schedules, identifying critical paths, breaking down a
project into individual tasks, and delegating assignments to project staff
- Advanced principles, methods and techniques used in designing, developing, testing and
implementing information technology applications, systems and networks
- Advanced operations, services, concepts, terms and activities common to a comprehensive,
state-of-the-art information technology program
- Advanced information technology development lifecycle and design principles using
flowcharting techniques and prototype development tools
- Advanced methods and techniques of evaluating business need requirements to provide
technology solutions
- Database concepts
- Advanced operational characteristics of local and wide area network systems and
operational characteristics of communication systems, equipment and devices
- Tools and equipment used in testing the functionality of computer systems
- Advanced principles and methods of troubleshooting computer hardware, software and
network problems
- Principles and practices of customer service
- Advanced principles and practices of information technology documentation, presentation
and training materials
- Modern office procedures, methods and equipment
Ability to:
- Oversee the development and maintenance of information technology systems
- Plan, organize and manage the work of information technology staff responsible for related
applications, systems and/or network analysis
- Develop and maintain comprehensive procedures manuals and documentation.
- Develop and administer budgets
- Coordinate and administer a variety of information technology projects
- Gather and evaluate information in order to reason logically, draw valid conclusions, take
appropriate actions and/or make appropriate recommendations
- Develop information technology designs, flow charts, report layouts and screen designs
- Communicate technical information to a wide variety of users
HB -147-Item 9. - 13
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 5 of 6
- Interpret and apply complex and technical information pertaining to computer and network
systems.
- Adapt quickly to changes in policies, procedures, assignments and work locations.
- Communicate effectively, both verbally and in writing.
- Establish and maintain effective working relationships with those encountered during the
course of the work.
Education: Bachelor’s degree from an accredited college or university in computer science,
information systems technology or other directly related field. Master’s degree desirable.
Experience: Five (5) years’ experience in a complex information technology systems environment
with related experience in area of responsibility, including two (2) years direct supervisory
experience.
License/Certificates: Possession of a valid class “C” California driver license with an acceptable
driving record required time of appointment
Project Management Professional (PMP) certification desirable
Microsoft Certified Solutions Developer (MCSD) certification desirable
Database Administration certification desirable
Programming and development certification desirable
SPECIAL CONDITIONS
Must be able to respond to emergency services call out
Must pass a background investigation
Employees regularly assigned/required to drive a city or personal vehicle in the course and scope
of work shall be required to participate in the DMV Employer Pull Notice program.
Public Employee Disaster Service Worker: In accordance with Government Code Section 3100,
all Huntington Beach city employees are required to perform assigned disaster service worker
duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Incumbents must be able to meet the physical requirements of the class and have mobility,
balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed.
Work is performed indoors. The incumbent sits for prolonged periods of time; standing and walking
to retrieve work files or to other departments or office locations; leaning, bending and stooping to
perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or
HB -148-Item 9. - 14
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- SYSTEMS
Page 6 of 6
body from desk; reaching to place or retrieve files or open file drawers or cabinets; light grasping to
hold a writing instrument or documents; firm grasping as needed to lift and carry work files or
operate office equipment; finger dexterity to type on a computer keyboard; and, hearing and
speaking to answer the telephone or answer questions of co-workers and subordinates. Work is
performed in a general office environment.
Reasonable accommodation(s) for an individual with a qualified disability will be considered on a
case-by-case basis.
HB -149-Item 9. - 15
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 1 of 6
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
JOB CODE:
EMPLOYMENT STATUS:
UNIT REPRESENTATION:
FLSA STATUS:
0200
REGULAR FULL-TIME
MEO
EXEMPT
JOB SUMMARY
Under administrative direction, responsible for planning, organizing, directing, staffing, and
controlling technology functions and/or operations of multiple work units within the Information
Services Department.
SUPERVISION RECEIVED AND EXERCISED
Reports to: Chief Information Officer
Supervises: Professional and technical staff
DISTINGUISHING CHARACTERISTICS
Differs from the Chief Information Officer in that the Information Technology Manager – Operations
manages an enterprise information technology customer service division including technical support
and help desk operations while the Chief Information Officer is responsible for the overall
management and coordination of the Information Services Department and the short and long-term
strategic planning for technology functions for the City.
Differs from Senior Information Technology Analyst in that the Information Technology Manager –
Operations exercises full supervisory and managerial authority over assigned operational functions
within the department while the Senior Information Technology Analyst performs complex systems
analysis and exercises lead responsibility for a limited work group or project.
EXAMPLES OF ESSENTIAL DUTIES:
• Manages a Help Desk operation starting with initial troubleshooting expanding to resolving
complex issues relating to IT hardware, peripherals, and operating systems
• Creates specifications for hardware and operating systems standards; maintains posted
standards guidelines, and implement industry best practices
HB -150-Item 9. - 16
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 2 of 6
• Creates and implements automated solutions to streamline the customer service function, and
provide tools and training to all staff in delivering customer service adhering to adopted
department performance guidelines
• Tracks all hardware and software inventory and manages the salvage process
• Manages the standard software delivery process, Windows and application updates, and
remote support tools
• Manages the endpoint security software and policies, including desktop firewalls and
antivirus/antimalware products
• Manages large computer and printer deployment projects; manages the creation, imaging,
installation, and configuration of hardware and software resources
• Develops strategic plans, objectives and priorities for assigned work unit(s)/operational area(s);
plans, develops and implements programs that utilize human and financial resources to achieve
results
• Manages the work of staff; determines organizational structure, staffing needs, and work
strategies; ensures adequate resources for subordinates to adequately perform their duties;
ensures that assigned operations and activities comply with organization goals and objectives
• Works with executive management on City-wide initiatives and prepares technical and non-
technical data and information for presentation to stakeholders including the Executive Team,
City Council, county-wide agency leaders and other officials regarding technology initiatives,
strategies, policies and procedures
• Formulates and develops plans, policies and project programs to meet short and long-term
needs of the City
• Performs budget and project cost analyses
• Reviews and evaluates feasibility of major projects and initiatives; works with managers and
technical staff to plan for implementation of new systems; participates in the study of new
technology to determine its utility, consistency with technology standards, relevance for meeting
City business and operational requirements and expected return on investment
• Directs and coordinates the planning, development, implementation and administration of a
variety of projects, including cross-department and City-wide projects; coordinates project
activities with other programs, departments and outside agencies; may serve as the initial
project advisor or manager for major projects City wide
• Develops and administers annual budget; approves and tracks expenditures; reviews, approves
and researches costs for new hardware, software and other items; reviews, approves and
prepares cost/benefit analyses, reports and recommendations
• Manages the development of operational and/or functional standards, practices, policies and
procedures; participates in the development and implementation of strategic department goals,
policies and priorities
• Designs, directs and oversees work unit quality assurance activities
• Meets and consults with customers and vendors regarding service delivery needs; oversees
and participates in the design, development, delivery and/or implementation of IT products to
meet those needs
HB -151-Item 9. - 17
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 3 of 6
• Assumes responsibility for procurement of services and goods required; develops specifications
for requests for proposal pertaining to external services; reviews submissions and provides
recommendations on vendor selection
• Directs the management of projects to enhance and/or upgrade technology services and
utilization
• Manages projects that vary in size and scope, and require varying levels of staff and resource
support
• Prepares reports, correspondence and other documents; participates on committees and task
forces
• Attends leadership, management, supervisory and information technology training to stay
abreast of industry best practices
• Develops processes to ensure business continuity in the event of a disaster
• Assumes duties of Chief Information Officer when assigned
• Reports to work as scheduled; works a variety of schedules including evenings, weekends, and
holidays as required
• Performs other related duties as assigned.
The preceding duties have been provided as examples of the essential types of work performed by
positions within this job classification. The City, at its discretion, may add, modify, change or
rescind work assignments as needed.
MINIMUM QUALIFICATIONS
Any combination of education, training, and experience that would likely provide the knowledge,
skills, and abilities to successfully perform in the position is qualifying. A typical combination
includes:
Knowledge of:
- Theories, principles, and practices of help desk operations, troubleshooting, and resolving
complex issues relating to information technology hardware, software, peripherals, and
operating systems
- Advanced principles and methods of troubleshooting computer hardware, software and
network problems
- Customer service and technical support best practices
- Help Desk software and best practices
- Windows Operating Systems concepts and functions, browser platforms and tools, and
Windows administration and library tools
- Antivirus and antimalware tools and endpoint security best practices
- Hardware and peripheral components, and hardware configuration industry guidelines
- Microsoft imaging and deployment tools and concepts
- Remote support tools, state management, and troubleshooting tools and techniques
HB -152-Item 9. - 18
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 4 of 6
- Theories, principles, and practices of information systems and related application areas,
software and hardware, system development life cycle, system design, database
management systems, techniques, and design using information technology techniques
- Principles and practices of public administration, including budgeting, staff development,
customer service and human resource management
- Principles and practices of effective management, supervision and leadership
- Computer hardware and software systems similar to those being used by the City’s
Information Services Department, including business applications, operating systems, and
network systems
- Principles, practices and techniques of project management, including organizing and
managing projects, developing schedules, identifying critical paths, breaking down projects
into individual tasks, and delegating assignments to project staff
- Advanced principles, methods and techniques used in designing, developing, testing and
implementing information technology applications, systems and networks
- Advanced operations, services, concepts, terms and activities common to a comprehensive,
state-of-the-art information technology program
- Advanced methods and techniques of evaluating business need requirements to provide
technology solutions.
- Advanced operational characteristics of local and wide area network systems and
operational characteristics of information systems
- Tools and equipment used in testing the functionality of computer systems
- Advanced principles and practices of developing information technology documentation,
presentation, and training materials
- Modern office procedures, methods and equipment
Ability to:
- Oversee the development and maintenance of information technology systems
- Plan, organize and manage the work of information technology staff responsible for related
applications, systems and/or networks
- Develop and maintain comprehensive procedures manuals and documentation
- Develop and administer budgets
- Coordinate and administer a variety of information technology projects
- Gather and evaluate information in order to reason logically, draw valid conclusions, take
appropriate actions and/or make appropriate recommendations
- Develop information technology designs, flow charts, report layouts and screen designs
- Communicate technical information to a wide variety of users
- Interpret and apply complex and technical information pertaining to computer and network
systems
- Adapt quickly to changes in policies, procedures, assignments and work locations
- Communicate effectively, both verbally and in writing
HB -153-Item 9. - 19
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 5 of 6
- Establish and maintain effective working relationships with those encountered during the
course of the work
Education: Bachelor’s degree from an accredited college or university in computer science,
information systems technology or other directly related field. Master’s degree desirable.
Experience: Five (5) years’ experience in a complex information technology systems environment
with related experience in area of responsibility, including two (2) years direct supervisory
experience.
License/Certificates: Possession of a valid class “C” California driver license with an acceptable
driving record required time of appointment
Information Technology Infrastructure Library (ITIL) certification desirable
Microsoft Certified Systems Engineer (MCSE) desirable
Customer Service certification desirable
Help Desk certification desirable
SPECIAL CONDITIONS
Must be able to respond to emergency services call out
Must pass a background investigation
Employees regularly assigned/required to drive a city or personal vehicle in the course and scope
of work shall be required to participate in the DMV Employer Pull Notice program.
Public Employee Disaster Service Worker: In accordance with Government Code Section 3100,
all Huntington Beach city employees are required to perform assigned disaster service worker
duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS
Incumbents must be able to meet the physical requirements of the class and have mobility,
balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed.
Work is performed indoors. The incumbent sits for prolonged periods of time; standing and walking
to retrieve work files or to other departments or office locations; leaning, bending and stooping to
perform work behind a desk or to retrieve information; pushing, turning or twisting to move chair or
HB -154-Item 9. - 20
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: INFORMATION TECHNOLOGY MANAGER -- OPERATIONS
Page 6 of 6
body from desk; reaching to place or retrieve files or open file drawers or cabinets; light grasping to
hold a writing instrument or documents; firm grasping as needed to lift and carry work files or
operate office equipment; finger dexterity to type on a computer keyboard; and, hearing and
speaking to answer the telephone or answer questions of co-workers and subordinates. Work is
performed in a general office environment.
Reasonable accommodation(s) for an individual with a qualified disability will be considered on a
case-by-case basis.
HB -155-Item 9. - 21
MEO Salary Schedule - Hourly Rate
2.0% Effective 9-24-16
*Modified 11/07/16
**Modified 12/19/16
***Modified 01/17/17
*PER RESOLUTION 2016-75 ADOPTED ON 11/07/16, RESOLUTION 2016-76 ADOPTED 12/19/16 AND RESOLUTION 2017-XX ADOPTED 01/17/17
Job No Job Description Pay Grade A B C D E
0025 Admin Analyst MEO025 36.38 38.38 40.50 42.73 45.07
0084 Admin Analyst Principal MEO084 45.32 47.81 50.44 53.21 56.14
0089 Admin Analyst Sr MEO089 41.86 44.16 46.58 49.14 51.85
0078 Assistant City Attorney MEO078 64.28 67.81 71.53 75.46 79.61
0132 Assistant City Clerk MEO132 39.03 41.17 43.43 45.82 48.34
0595 Assistant Fire Marshal MEO595 46.70 49.27 51.97 54.84 57.84
0057 Assistant to the City Manager MEO057 48.84 51.52 54.36 57.34 60.50
0123 Associate Civil Engineer MEO123 42.27 44.59 47.04 49.63 52.37
0071 Associate Planner MEO071 39.61 41.78 44.08 46.51 49.07
0569 Beach Maint Operations Mgr MEO569 50.83 53.62 56.57 59.68 62.96
0044 Beach Operations Supervisor MEO044 41.65 43.93 46.35 48.90 51.59
0064 Budget Analyst Senior MEO064 40.21 42.42 44.76 47.22 49.82
0598 Building Manager MEO598 58.44 61.66 65.05 68.62 72.40
0500 ***Business Systems Manager MEO500 57.58 60.74 64.09 67.62 71.33
0024 City Engineer MEO024 66.54 70.21 74.07 78.14 82.44
0125 Code Enforcement Supervisor MEO125 41.43 43.71 46.11 48.65 51.33
0471 Community Relations Officer MEO471 45.32 47.81 50.44 53.21 56.14
0353 Community Services Manager MEO353 50.83 53.62 56.57 59.68 62.96
0097 Construction Manager MEO097 50.83 53.62 56.57 59.68 62.96
0085 Contract Administrator MEO085 43.33 45.72 48.23 50.89 53.68
0081 Deputy City Attorney I MEO081 42.27 44.59 47.04 49.63 52.37
0080 Deputy City Attorney II MEO080 50.83 53.62 56.57 59.68 62.96
0079 Deputy City Attorney III MEO079 58.44 61.66 65.05 68.62 72.40
0068 Deputy City Engineer MEO068 56.71 59.83 63.13 66.60 70.26
0571 Deputy Dir of Econ Development MEO571 57.58 60.74 64.09 67.62 71.33
0486 Detention Administrator MEO486 41.86 44.16 46.58 49.14 51.85
0039 Econ Development Proj Mgr MEO039 46.22 48.77 51.45 54.27 57.26
0580 Energy Project Manager MEO580 46.22 48.77 51.45 54.27 57.26
0474 Facilities, Devel & Conc Mgr MEO474 48.36 51.01 53.82 56.77 59.89
0050 Facilities Maint Supervisor MEO050 41.65 43.93 46.35 48.90 51.59
HB -156-Item 9. - 22
MEO Salary Schedule - Hourly Rate
2.0% Effective 9-24-16
*Modified 11/07/16
**Modified 12/19/16
***Modified 01/17/17
*PER RESOLUTION 2016-75 ADOPTED ON 11/07/16, RESOLUTION 2016-76 ADOPTED 12/19/16 AND RESOLUTION 2017-XX ADOPTED 01/17/17
Job No Job Description Pay Grade A B C D E
0879 Finance Manager - Accounting MEO879 52.37 55.24 58.29 61.50 64.87
0889 Finance Manager - Budget MEO889 52.37 55.24 58.29 61.50 64.87
0899 Finance Manager - Fiscal Services MEO899 52.37 55.24 58.29 61.50 64.87
0869 Finance Manager - Treasury MEO869 52.37 55.24 58.29 61.50 64.87
0131 Fire Medical Coordinator MEO131 41.21 43.48 45.88 48.40 51.07
0130 Fire Protection Analyst MEO130 41.21 43.48 45.88 48.40 51.07
0590 Fleet Operations Supervisor MEO590 41.65 43.93 46.35 48.90 51.59
0581 General Services Manager MEO581 56.16 59.25 62.51 65.94 69.56
0498 GIS Manager MEO498 53.69 56.65 59.75 63.05 66.51
0043 Housing Manager MEO043 53.15 56.08 59.16 62.41 65.84
0006 Human Resources Manager MEO006 55.32 58.36 61.57 64.96 68.53
0489 ***Info Syst Communications Mgr MEO489 53.69 56.65 59.75 63.05 66.51
0200 ***Info Syst Computer Ops Manager MEO200 53.69 56.65 59.75 63.05 66.51
0489 ***Info Technology Mgr-Infrastructure MEO489 53.69 56.65 59.75 63.05 66.51
0200 ***Info Technology Mgr-Operations MEO200 53.69 56.65 59.75 63.05 66.51
0500 ***Info Technology Mgr-Systems MEO500 57.58 60.74 64.09 67.62 71.33
0075 Inspection Manager MEO075 51.57 54.42 57.41 60.57 63.90
0073 Inspection Supervisor MEO073 43.99 46.41 48.96 51.65 54.49
0251 Investigator MEO251 35.83 37.81 39.89 42.09 44.40
0158 Landscape Architect MEO158 41.21 43.48 45.88 48.40 51.07
0049 Landscape Maint Supervisor MEO049 41.65 43.93 46.35 48.90 51.59
0572 Liability Claims Coordinator MEO572 37.67 39.74 41.93 44.25 46.68
0030 Maintenance Operations Mgr MEO030 56.16 59.25 62.51 65.94 69.56
0032 Marine Safety Division Chief MEO032 53.42 56.36 59.46 62.72 66.18
0490 Network Systems Administrator MEO490 48.10 50.75 53.54 56.49 59.60
0443 Payroll Systems Analyst MEO443 43.99 46.41 48.96 51.65 54.49
0098 Permit & Plan Check Manager MEO098 58.44 61.66 65.05 68.62 72.40
0209 Permit & Plan Check Supervisor MEO209 41.43 43.71 46.11 48.65 51.33
0453 Personnel Analyst MEO453 36.20 38.19 40.29 42.50 44.85
0060 Personnel Analyst Principal MEO060 45.32 47.81 50.44 53.21 56.14
HB -157-Item 9. - 23
MEO Salary Schedule - Hourly Rate
2.0% Effective 9-24-16
*Modified 11/07/16
**Modified 12/19/16
***Modified 01/17/17
*PER RESOLUTION 2016-75 ADOPTED ON 11/07/16, RESOLUTION 2016-76 ADOPTED 12/19/16 AND RESOLUTION 2017-XX ADOPTED 01/17/17
Job No Job Description Pay Grade A B C D E
0464 Personnel Analyst Senior MEO464 41.21 43.48 45.88 48.40 51.07
0099 Plan Check Engineer MEO099 49.33 52.04 54.90 57.93 61.11
0444 Planning Manager MEO444 53.69 56.65 59.75 63.05 66.51
0625 Police Admin Division Srvcs Mgr MEO625 58.44 61.66 65.05 68.62 72.40
0594 Police Admin Services Manager MEO594 46.70 49.27 51.97 54.84 57.84
0022 Police Communications Manager MEO022 41.86 44.16 46.58 49.14 51.85
0094 Police Records Administrator MEO094 41.86 44.16 46.58 49.14 51.85
0028 Principal Accountant MEO028 42.69 45.04 47.51 50.13 52.88
0096 Principal Civil Engineer MEO096 55.89 58.96 62.20 65.62 69.23
0072 Principal Electrical Inspector MEO072 40.01 42.22 44.53 46.99 49.57
0076 Principal Inspector Plb/Mech MEO076 40.01 42.22 44.53 46.99 49.57
0482 Principal Librarian MEO482 39.81 42.00 44.31 46.75 49.32
0074 Principal Planner MEO074 51.07 53.88 56.84 59.98 63.27
0579 Project Manager MEO579 46.22 48.77 51.45 54.27 57.26
0037 Project Manager Assistant MEO037 39.61 41.78 44.08 46.51 49.07
0496 Public Safety Systems Manager MEO496 54.50 57.50 60.66 63.99 67.51
0497 Public Safety Systems Supv MEO497 52.63 55.53 58.58 61.79 65.20
0839 Real Estate & Project Manager MEO839 46.22 48.77 51.45 54.27 57.26
0054 Risk Manager MEO054 53.15 56.08 59.16 62.41 65.84
0519 *Safety/Loss Prevention Analyst MEO519 41.21 43.48 45.88 48.40 51.07
0069 Senior Civil Engineer MEO069 47.18 49.77 52.50 55.39 58.43
0484 Senior Deputy City Attorney MEO484 61.44 64.82 68.38 72.13 76.11
0499 Senior Info Systems Analyst MEO499 47.87 50.51 53.28 56.21 59.30
0077 Senior Librarian MEO077 34.27 36.16 38.15 40.24 42.45
0036 Senior Planner MEO036 46.22 48.77 51.45 54.27 57.26
0575 Senior Sprvsr Cultural Affairs MEO575 39.03 41.17 43.43 45.82 48.34
0578 Senior Sprvsr Human Services MEO578 39.03 41.17 43.43 45.82 48.34
0519 *Senior Risk Management Analyst MEO519 41.21 43.48 45.88 48.40 51.07
0034 Senior Traffic Engineer MEO034 47.18 49.77 52.50 55.39 58.43
0333 **Senior Trial Counsel MEO333 66.54 70.21 74.07 78.14 82.44
HB -158-Item 9. - 24
MEO Salary Schedule - Hourly Rate
2.0% Effective 9-24-16
*Modified 11/07/16
**Modified 12/19/16
***Modified 01/17/17
*PER RESOLUTION 2016-75 ADOPTED ON 11/07/16, RESOLUTION 2016-76 ADOPTED 12/19/16 AND RESOLUTION 2017-XX ADOPTED 01/17/17
Job No Job Description Pay Grade A B C D E
0457 Special Events Coordinator MEO457 32.94 34.75 36.66 38.68 40.80
0488 Street Maint Supervisor MEO488 41.65 43.93 46.35 48.90 51.59
0133 Supervisor, Prkng & Cmping Fac MEO133 39.03 41.17 43.43 45.82 48.34
0033 Transportation Manager MEO033 58.15 61.34 64.72 68.28 72.04
0051 Tree Maintenance Supervisor MEO051 41.65 43.93 46.35 48.90 51.59
0483 Utilities Manager MEO483 57.28 60.44 63.76 67.27 70.97
0487 Wastewater Supervisor MEO487 41.65 43.93 46.35 48.90 51.59
0052 Water Distribution Supervisor MEO052 41.65 43.93 46.35 48.90 51.59
0053 Water Production Supervisor MEO053 41.65 43.93 46.35 48.90 51.59
0056 Water Quality Supervisor MEO056 41.65 43.93 46.35 48.90 51.59
**Per Resolution 2017-76 adopted on 12/19/16 the position of Senior Trial Counsel was created.
*Per Resolution 2016-75 adopted on 11/07/16 the title of Safety/Loss Prevention Analyst was changed to
Senior Risk Management Analyst.
***Per Resolution 2017-xx adopted on 01/17/17 the title of Information Systems Communication Manager
was changed to Information Technology Manager-Infrastructure; the title of Business System Manager was
changed to Information Technology Manager-Systems; and the title of Information Systems Computer
Operations Manager was changed to Information Technology Manager-Operations.
HB -159-Item 9. - 25
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
HUMAN RESOURCES
TO: PERSONNEL COMMISSION
FROM: MICHELE W ARREN, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CREATION OF INFORMATION TECHNOLOGY MANAGER – INFRASTRUCTURE
JOB CLASSIFICATION
DATE: DECEMBER 21, 2016
The Information Services Department is seeking to amend the City’s Classification Plan with the
creation of the job classification of INFORMATION TECHNOLOGY MANAGER - INFRASTRUCTURE,
represented by the Management Employees Organization (MEO). The proposed job classification is the
result of the classification specification review project which was recently conducted for the Information
Services Department.
The class specification was created based upon input from IS staff and The Chief Information Officer.
The class specification title and content replaces the title and content of the class specification of
Information Systems Communication Manager. The proposed class specification update/modification is
required to better reflect the changes that have occurred in the software/hardware/systems/functions of
information technology over the past eight to ten years. The current pay grade remains the same.
The City met with MEO to review and discuss the creation of this new job and its inclusion into the
classification plan as a replacement for the IS Communication Manager class specification. The
recommendation presented is based upon information and input from IS department staff and Human
Resources and review and feedback from MEO as part of the meet and confer process.
At this time, staff requests the Personnel Commission to approve staff’s recommendations in
accordance with Personnel Rule 12 regarding amendments to the City’s Classification Plan.
STAFF RECOMMENDATION
Proposed Job Class Title Information Technology Manager - Infrastructure
Action: Create the recommended job classification for inclusion into
the City’s Classification Plan
Affected Employees: None
Recommendation: Approve the newly-created (replacement) job classification
Att: Information Technology Manager – Infrastructure Job Classification Specification
cc: Behzad Zamanian, Chief Information Officer
Scott Smith, MEO President
Aaron Peardon, OCER Representative
HB -160-Item 9. - 26
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
HUMAN RESOURCES
TO: PERSONNEL COMMISSION
FROM: MICHELE W ARREN, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CREATION OF INFORMATION TECHNOLOGY MANAGER – SYSTEMS JOB
CLASSIFICATION
DATE: DECEMBER 21, 2016
The Information Services Department is seeking to amend the City’s Classification Plan with the
creation of the job classification of INFORMATION TECHNOLOGY MANAGER - SYSTEMS,
represented by the Management Employees Organization (MEO). The proposed job classification is the
result of the classification specification review project which was recently conducted for the Information
Services Department.
The class specification was created based upon input from IS staff and The Chief Information Officer.
The class specification title and content replaces the title and content of the class specification of
Business Systems Manager. The proposed class specification update/modification is required to better
reflect the changes that have occurred in the software/hardware/systems/functions of information
technology over the past eight to ten years. The current pay grade remains the same.
The City met with MEO to review and discuss the creation of this new job and its inclusion into the
classification plan as a replacement for the Business Systems Manager class specification. The
recommendation presented is based upon information and input from IS department staff and Human
Resources, and review and feedback from MEO as part of the meet and confer process.
At this time, staff requests the Personnel Commission to approve staff’s recommendations in
accordance with Personnel Rule 12 regarding amendments to the City’s Classification Plan.
STAFF RECOMMENDATION
Proposed Job Class Title Information Technology Manager - Systems
Action: Create the recommended job classification for inclusion into
the City’s Classification Plan
Affected Employees: None
Recommendation: Approve the newly-created (replacement) job classification
Att: Information Technology Manager – Systems Job Classification Specification
cc: Behzad Zamanian, Chief Information Officer
Scott Smith, MEO President
Aaron Peardon, OCER Representative
HB -161-Item 9. - 27
CITY OF HUNTINGTON BEACH
INTER-DEPARTMENTAL COMMUNICATION
HUMAN RESOURCES
TO: PERSONNEL COMMISSION
FROM: MICHELE W ARREN, DIRECTOR OF HUMAN RESOURCES
SUBJECT: CREATION OF INFORMATION TECHNOLOGY MANAGER – OPERATIONS JOB
CLASSIFICATION
DATE: DECEMBER 21, 2016
The Information Services Department is seeking to amend the City’s Classification Plan with the
creation of the job classification of INFORMATION TECHNOLOGY MANAGER - OPERATIONS,
represented by the Management Employees Organization (MEO). The proposed job classification is the
result of the classification specification review project which was recently conducted for the Information
Services Department.
The class specification was created based upon input from IS staff and The Chief Information Officer.
The class specification title and content replaces the title and content of the class specification of
Information Systems Computer Operations Manager. The proposed class specification
update/modification is required to better reflect the changes that have occurred in the
software/hardware/systems/functions of information technology over the past eight to ten years. The
current pay grade remains the same.
The City met with MEO to review and discuss the creation of this new job and its inclusion into the
classification plan as a replacement for the IS Computer Operations Manager class specification. The
recommendation presented is based upon information and input from IS department staff and Human
Resources, and review and feedback from MEO as part of the meet and confer process.
At this time, staff requests the Personnel Commission to approve staff’s recommendations in
accordance with Personnel Rule 12 regarding amendments to the City’s Classification Plan.
STAFF RECOMMENDATION
Proposed Job Class Title Information Technology Manager - Operations
Pay Grade:
Action: Create the recommended job classification for inclusion into
the City’s Classification Plan
Affected Employees: One
Recommendation: Approve the newly-created (replacement) job classification
Att: Information Technology Manager – Operations Job Classification Specification
cc: Behzad Zamanian, Chief Information Officer
Scott Smith, MEO President
Aaron Peardon, OCER Representative
HB -162-Item 9. - 28
Dept. ID 16-03 Page 1 of 3
Meeting Date: 1/17/2017
Statement of Issue:
At the November 21, 2016, City Council meeting, former Mayor Pro Tem Dave Sullivan brought
forward a Council Member Item which directed Staff to bring back for consideration a plan to open
the Central Library on Sundays. Based on the financial impacts of opening the Central Library on
Sundays, it is recommended that this issue be added to the City Council’s Strategic Planning and
budget workshop scheduled for January 26, 2017.
Financial Impact:
Not applicable at this time. Any increase for expanded Central Library hours will be a General Fund
impact.
Recommended Action:
Take no action and have Staff present options on expanded Central Library hours at the January
26, 2017, Strategic Planning Session.
Alternative Action(s):
Do not continue the item and provide Staff with direction on how to proceed with the expanding the
Central Library hours for Sunday operations.
Analysis:
The City’s Central Library operated Sunday hours from Fiscal Year 1997/98 to 2010 when multiple
City services were reduced due to the Great Recession and resulting revenue and personnel
reductions. Prior to Fiscal Year 1997/98, the Library was not open on Sundays based on Staff
recollection. Additionally, in Fiscal Year 1997/98 the Library had 37.75 Full Time Equivalent (FTE)
positions listed in the budget while today’s FTE count is 28.25 positions.
According to City Council minutes from June 6, 1997, the opening of the Central Library was
discussed but deferred to budget discussions for the preparation of the 1997/98 Fiscal Year
Budget. In minutes from September 8, 1997, the City Council approved the addition of four (4)
Sunday service hours costing $101,449. The new expenses were covered by increasing the
proposed library revenue from Sundays by $21,580 and diverting $80,000 a year from the City’s
Retirement Supplement Fund. An actuarial study of that fund, as of June 30, 1996, listed an
unfunded liability of $23,008,000 within that fund.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Stephanie Beverage, Director of Library Services
SUBJECT: Request to continue until the Special Meeting of January 26, 2017, the review
and discussion on expanding hours at the HB Central Library to include Sundays
HB -163-Item 10. - 1
Dept. ID 16-03 Page 2 of 3
Meeting Date: 1/17/2017
With proposed service and personnel reductions resulting from the Great Recession, Sunday hours
were eliminated in 2010. The decision to end Sunday hours was difficult, but was necessary to
address the budget reductions at that time. The City and the Library have been able to maintain a
six-day, 60-hours per week schedule of library service, minimizing the overall impact to service
hours as much as possible. Since 2010, when the hours were reduced, the Library has seen no
change in the number of staff and has implemented a variety of solutions to maintain services
without additional staffing and budget resources. Library Staff have been able to enhance and
improve service, while still absorbing a permanent 25% reduction in staffing.
Expanding hours back to the 2010 level will require an increase to the Library budget using General
Funds. It must be noted that for the current fiscal year, and for preliminary direction regarding the
2017/18 Fiscal Year, all departments have been directed by the City Manager’s office to maintain a
status quo budget. In order to provide the necessary information for the City Council to make a
decision, Library Staff have done some preliminary estimates based on the information from 1997
when Sunday hours were added and the level of staffing currently at the Library.
The cost for new Sunday hours ranges from a very conservative $70,000.00 up to $260,000.00.
The upper level scenario includes additional full-time positions being added to the Library Table of
Organization. The lower estimate includes using only part-time staff for the additional hours. Use
of full-time staff is a management right to adjust work hours, but the City would still need to provide
advance notice of any schedule changes due to operational modifications.
As with any increase in operations, there are budget and revenue effects to consider, along with the
long term sustainability of enhanced services. The Central Library is a large building, with over
115,000 square feet of useable space. The current level of full and part-time staffing is sufficient to
cover and support the current 60-hour per week schedule. Adding another day, even a short day
(four hours), cannot be covered with existing staff. This not only includes maintaining hours for
employees based on State and Federal mandates (CalPERS and Affordable Health Care Act
limits), there are safety and security considerations for a building this size, located in a large and
busy urban park area. Adding an additional day also means increased wear and tear on the
building, more janitorial service and more building supplies. It is estimated that the Library would
need at least 10% more in supplies and an additional full day of day porter service.
Most importantly, additional Sunday hours could have an impact on Sunday room revenues, and
reduce the total amount raised through Theater and room rentals. For Fiscal Year 2015/16, the
Library generated over $144,000 in Sunday room rentals. Opening the Library on Sundays would
reduce this revenue by at least half for four (4) hours of library operations and potentially more for
additional hours operations. Currently, all revenue generated is deposited into the General Fund.
The financial impact to the General Fund of implementing Sunday hours would, therefore, be the
reduction in revenue and the additional expenditures for personnel and services.
From the Library administration’s perspective, an important question in reinstating Sunday hours is
the long term sustainability of the service. Given the current budget situation, to include recent
CalPERS decisions and the expenditures required to open the building on Sundays, there is a
question of whether Sunday hours are sustainable. Reinstating hours only to then turnaround
within a year or two and have to reduce hours again would be unfair and unpopular for library
patrons. The Library Staff has been looking at other alternative models to expand service to better
meet the needs of the community. This includes increasing the online access to digital references
and books, as well as partnerships with features such as online learning and video tutorials.
Accordingly, all of these elements merit additional discussion within a wider discussion of the City’s
strategic direction going forward and forms the basis of Staff’s recommendation that this item be
continued to the upcoming City Strategic Planning session on January 26, 2017.
HB -164-Item 10. - 2
Dept. ID 16-03 Page 3 of 3
Meeting Date: 1/17/2017
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain City service delivery
Attachment(s):
1. 1997 Council Discussion
2. 1997/98 Council Action item
3. 2001 Sunday budget and estimated costs for Sunday hours in 2017
HB -165-Item 10. - 3
06/16/97 - City Council/Redevelopment Agency Minutes - Page 19
Slide Report regarding Sunday Opening of the Central Library
The City Librarian referred to a slide report document and made a presentation to Council
covering alternatives.
The Library Director, in response to Councilmember Green, stated that staff is unwilling to
volunteer to change their hours. He stated that changing work schedules is a meet and confer
issue.
The City Librarian informed Council that as in other departments which have decreased
personnel staff, the City Library also has decreased personnel staff because of budget issues,
and at the same time the Library is called a world class library. He stated that the Library staff
is very proud of its service but to work six days per week is very difficult.
Mayor Pro Tern Dettloff stated that she believed this item should be deferred and that this
issue should be considered at the next budget meeting.
Councilmember Sullivan stated that Option IV is what the Library Board optioned for and that
the staff would not be working every Sunday but about every sixth Sunday.
Councilmember Garofalo stated reasons he recommended Option IV as it is easy to get lost
during budget deliberations when cuts need to be made.
Councilmember Julien stated that she would like to see the item go back to the budget process
as she does not believe keeping the Library open for four hours on Sunday is enough.
A motion was made by Julien, second Green to approve Option V as follows: Approve
Option V and refer the issue to the 1997-98 budget discussions. OPTION V: Refer the issue
to the 1997-98 budget discussions. Because the funding for Sunday operation would impact
the General Fund, the program could be evaluated and prioritized in comparison to the
General Fund programs.
Further discussion was held and the City Librarian spoke regarding the availability of the
recurrent employees to work on Sundays as these employees are not subject to meet and
confer law.
The motion made by Julien, second Green carried by unanimous vote with Councilmember
Harman absent.
(REDEVELOPMENT AGENCY) OWNER PARTICIPATION AGREEMENT (OPA) BETWEEN
REDEVELOPMENT AGENCY AND MOHAMMED AND ADEL ZEIDAN - PROPERTY
LOCATED AT 126 MAIN STREET - (FORMERLY STANDARD MARKET) - APPROVED
(600.30)
The City Council considered a communication from the Economic Development Director
transmitting an Owner Participation Agreement Between the Redevelopment Agency and
Mohammed and Adel Zeidan which is a replacement to the original Owner Participation
Agreement (OPA) that was originally approved in 1989. This Owner Participation Agreement
79
HB -166-Item 10. - 4
09/08/97 - City Council/Redevelopment Agency Minutes - Page 7
7.Report on Budget Implications for Southern California Edison Power Plant Sale Issues
Councilmember Green reported on the need for the wild animal rescue center to maintain its
integrity at this location.
Questions On The Water Fund Raised At The September 2, 1997 Council Meeting
At the request Councilmember Sullivan, City Administrator Uberuaga reported as to when the
sale of water to the county for the Linear Park would appear on the City Council agenda. He
reported on his meetings with Supervisor Silva. Councilmember Sullivan stressed that he
wants to know the ownership of the land prior to the water being given by the city.
8.Budget Follow-up Report Regarding Municipal Pier Maintenance
Community Services Director Hagan stated that the day-to-day maintenance of the municipal
pier is included in the budget; however, certain maintenance is not included.
(CITY COUNCIL) CITY ADMINISTRATOR UBERUAGA'S COMMENTS REGARDING POLICE
OVERTIME
City Administrator Uberuaga reported on police overtime and the need to pay special attention
to the Communications Division in the Police Department as these are stressful positions and
during his 21 years as a city manager it has always been difficult to recruit for these positions.
(CITY COUNCIL) REVENUE DUE FROM PLC LAND COMPANY/REPORT TO BE MADE
City Administrator Uberuaga spoke regarding revenue due to the city from PLC Land
Company. He stated that a report would be made.
(CITY COUNCIL) STRAW VOTES TAKEN BY CITY COUNCIL
1. Library Opening on Sunday
A motion was made by Green, second Harman to approve Alternative No.1 which provides for
four Sunday library service hours costing $101,449 with financing of $21,580 in Sunday
revenue and by reducing the transfers to the retirement supplement fund by $80,000 per year.
The motion carried by the following straw vote:
AYES: Julien, Harman, Dettloff, Sullivan, Green, Garofalo
NOES: None
ABSENT: Bauer
219HB -167-Item 10. - 5
Sunday hours Cost Estimates
Library Budget 2001 2017 2017
Actual all part time Full & PT
Salaries permanent 332.24$ 194,158.00$
Salaries temp. 95,483.56$ 83,512.00$ 36,712.00$
Benefits temp. 1,632.84$ 1,670.24$ 1,670.24$
Overtime 70.40$
Supplies 11,793.34$ 10,000.00$ 10,000.00$
Repairs/maint. 16,768.41$ 18,000.00$ 18,000.00$
TOTALS 126,080.79$ 113,182.24$ est. 260,540.24 est.
HB -168-Item 10. - 6
Esparza, Patty
From:
Sent:
To:
Surf City Pipeline [noreply@user.govoutreach.com]
Sunday, November 27, 2016 3:58 PM
CITY COUNCIL; Agenda Alerts
Subject: Surf City Pipeline: Comment on an Agenda Item (notification)
Request# 28099 from the Government Outreach System has been assigned to Agenda Alerts.
Request type: Compliment
Request area: City Council -Agenda & Public Hearing Comments
Citizen name: Judi Strickland
Description: I was pleased to hear recently that Dave Sullivan has asked the Council to consider
reopening the Library on Sunday. I am sure that you are all aware that per hour
attendance before the closing was the highest of any other days. And that Sunday hours
were on a separate budget making it easier to make cuts there. But it's past time to
reopen -take the lead in the county!!!!
Thank you!
Judi
Expected Close Date: November 28, 2016
Click here to access the request
Note: This message is for notification purposes only. Please do not reply to this email. Eiuail replies are not
monitored and will be ignored.
1
HB -169-Item 10. - 7
Dept. ID PW 17-004 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
City Council approval and execution of the Certificate of Completion and Release of Development
Agreement Obligations for the Pasea Hotel and Spa project is requested.
Financial Impact: Not applicable.
Recommended Action:
A) Approve the “Certificate of Completion and Release of Development Agreement Obligations”
(Attachment 1) for the Pasea Hotel and Spa project located at the intersection of Pacific Coast
Highway and Huntington Street.
B) Authorize the City Clerk to record the “Certificate of Completion and Release of Development
Agreement Obligations” with the Orange County Recorder.
Alternative Action(s):
Do not approve the Certificate of Completion and Release of Development Agreement Obligations
(Attachment 1) for the Pasea Hotel and Spa project. The developer is requesting execution of this
certificate to satisfy their lender. Failure to execute this certificate by the end of January 2017 could
cause financial repercussions for the developer.
Analysis:
In 2012, City Council adopted Ordinance No. 3957 to execute a Development Agreement (DA)
between the City of Huntington Beach and 21002 HB, LLC (i.e. the developer of the Pacific City
Pasea Hotel). Section 17(f) (4) of the DA (Exhibit B) provides that upon completion of construction
in accordance with the terms and conditions of the DA and issuance of a “Final Inspection”, the
Hotel Parcel will be released from the Development Agreement. “Final Inspection” for the Hotel
Parcel means that final building permits have been signed, utilities have been released, and an
unconditional Certificate of Occupancy has been issued.
Therefore, the developer has asked that the Certificate of Completion be executed, at which time
the Hotel Parcel will be released from the Development Agreement. The Pasea Hotel and Spa
project has received their Certificate of Occupancy and has complied with all of the conditions of
approval. Therefore, staff recommends approval of the Certificate of Completion.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Travis K. Hopkins, PE, Director of Public Works
Scott Hess, AICP, Community Development Director
SUBJECT: Approve, authorize execution and recordation of the Certificate of Completion
and Release of Development Agreement Obligations for the Pasea Hotel and
Spa Project
HB -170-Item 11. - 1
Dept. ID PW 17-004 Page 2 of 2
Meeting Date: 1/17/2017
Public Works Commission Action:
No action required
Environmental Status:
Approval of the Certificate of Completion and release of the Development Agreement for the Pasea
Hotel and Spa are exempt from the California Environmental Quality Act (CEQA). CEQA applies
only to projects that have the potential for causing a significant effect on the environment. Where it
can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA Guidelines Section
15061(b)(3). Moreover, the environmental effects of the Pasea Hotel project are covered under
Environmental Impact Report (EIR) No. 02-01, approved on June 7, 2004.
Strategic Plan Goal:
Non-Applicable – Administrative Item
Attachment(s):
1. Certificate of Completion and Release of Development Agreement Obligations
2. Development Agreement between the City of Huntington Beach and 21002 HB, LLC dated
8/20/2012
HB -171-Item 11. - 2
HB -172-Item 11. - 3
HB -173-Item 11. - 4
HB -174-Item 11. - 5
HB -175-Item 11. - 6
HB -176-Item 11. - 7
HB -177-Item 11. - 8
HB -178-Item 11. - 9
HB -179-Item 11. - 10
HB -180-Item 11. - 11
HB -181-Item 11. - 12
HB -182-Item 11. - 13
HB -183-Item 11. - 14
HB -184-Item 11. - 15
HB -185-Item 11. - 16
HB -186-Item 11. - 17
HB -187-Item 11. - 18
HB -188-Item 11. - 19
HB -189-Item 11. - 20
HB -190-Item 11. - 21
HB -191-Item 11. - 22
HB -192-Item 11. - 23
HB -193-Item 11. - 24
HB -194-Item 11. - 25
HB -195-Item 11. - 26
HB -196-Item 11. - 27
HB -197-Item 11. - 28
HB -198-Item 11. - 29
HB -199-Item 11. - 30
HB -200-Item 11. - 31
HB -201-Item 11. - 32
HB -202-Item 11. - 33
HB -203-Item 11. - 34
HB -204-Item 11. - 35
HB -205-Item 11. - 36
HB -206-Item 11. - 37
HB -207-Item 11. - 38
Dept. ID AD-17-003 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
This Request for Council Action formally accepts grant funds from the California Department of
Resources Recycling and Recovery (CalRecycle) for the Edwards Street Tot Lot and the Bluff Top
Beach Park playgrounds.
Financial Impact:
The City will receive $10,850 from the State of California Department of Resources Recycling and
Recovery. There is no requirement for matching funds.
Recommended Action:
A) Authorize the City Manager or his designee to accept grant funds from the California
Department of Resources Recycling and Recovery; and,
B) Authorize the City Manager or his designee to execute the grant agreement by and between the
State of California and the City of Huntington Beach; and,
C) Accept and Appropriate $10,840.00 from the State of California.
Alternative Action(s):
Do not accept grant funds and direct staff how to proceed.
Analysis:
The California Department of Resources Recycling and Recovery (CalRecycle) offers the Tire-
Derived Product Grant (TDP) Program to promote markets for recycled content products derived
from waste tires generated in California and decrease the adverse environmental impacts created
by unlawful disposal and stockpiling of waste tires.
The City was successful in its application to CalRecycle and was awarded funding through this
grant program to cover a portion of the costs for playground surfacing at the Central Park/Edwards
Street Tot Lot Park playground and the Bluff Top Beach Park Playground (All Inclusive
Playground).
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
SUBJECT: Accept and appropriate funds from the California Department of Resources
Recycling and Recovery (CalRecycle) for the Central Park Edwards Street Tot
Lot and Bluff Top Beach Park Playgrounds
HB -208-Item 12. - 1
Dept. ID AD-17-003 Page 2 of 2
Meeting Date: 1/17/2017
Environmental Status:
Both projects are exempt from the California Environmental Quality Act (CEQA) pursuant to section
15303 of the CEQA Guidelines, because these projects consist of construction of small structures
where necessary public services and facilities are available and the surrounding area is not
environmentally sensitive.
Strategic Plan Goal:
Improve quality of life
Attachment(s):
1. Award Notification from the State of California
2. Grant Agreement
3. Letters of Support from Kiwanis and Rotary Club
HB -209-Item 12. - 2
1
Graham, Antonia
From:Davis, Noel@CalRecycle <Noel.Davis@calrecycle.ca.gov>
Sent:Tuesday, December 06, 2016 12:25 PM
To:Graham, Antonia
Cc:Sanford, Melissa@CalRecycle; Dominguez, David; Wilson, Fred
Subject:2016-17 Tire-Derived Product Grant Program (TDP17th Cycle) – City of Huntington
Beach Award Notification
Attachments:Agreement - City of Huntington Beach.pdf; Exhibit C - City of Huntington Beach.pdf
Importance:High
Congratulations! The Department of Resources Recycling and Recovery (CalRecycle) approved
funding your project on November 29, 2016. The Grant Agreement package consists of the following.
Grant Agreement Cover Sheet (attached)
Exhibit A – Terms and Conditions
Exhibit B – Procedures and Requirements
Exhibit C – Application (attached)
Exhibit D – Guidelines and Instructions
Please review the Grant Agreement package and complete the grantee portion of the Grant
Agreement Cover Sheet, CalRecycle 110 (Grant Agreement). Your specific award amount is located
in the Grant Agreement.
Note: This email is being sent to all contacts associated with this grant. It is the Primary Contact’s
responsibility to coordinate the completion and submittal of the Grant Agreement.
Please remember that this grant award is conditioned upon:
1. The full payment within sixty (60) calendar days of November 29, 2016, of all outstanding
debt(s) or scheduled payment(s) owed by the proposed Grantee to CalRecycle; and
2. The return by the proposed Grantee of a completed and executed Grant Agreement within
sixty (60) calendar days from the date of this email.
If the Grant Agreement is not signed and returned within 60 calendar days of the date of this letter,
OR the proposed Grantee does not pay or bring current all outstanding debts or scheduled payments
owed by it to CalRecycle, then the proposed Grantee will not have fulfilled the required conditions,
and the grant will not be awarded.
The Grant Agreement must be signed by the "authorized signatory" as identified in your resolution. If
the resolution authorizes a designee and the signature authority would like to designate another
individual to sign on their behalf, the “authorized signatory” must provide a letter identifying the job
title of the designee.
Please retain all Grant Agreement package documents, which include Exhibits A through D for your
records and return only the Grant Agreement via postal mail to:
HB -210-Item 12. - 3
2
CalRecycle
Tire-Derived Product Grant Program
Attn: Danielle Abila, MS 9A
1001 I Street, P.O. Box 4025
Sacramento, CA 95812-4025
Upon execution of the Grant Agreement by both parties, CalRecycle will email the Notice to Proceed
with a copy of the executed Grant Agreement. Remember, do not incur any grant cost until the
Agreement is signed by both parties and you receive a Notice to Proceed e-mail. If you choose to
incur costs prior to the date indicated in the Notice to Proceed notification, you do so at your own risk.
If you have any questions regarding the Grant Agreement package, please contact me at (916) 341-
6341 or Noel.Davis@CalRecycle.ca.gov.
I look forward to your participation in this grant program.
Sincerely,
Noel Davis
Grant Manager
Department of Resources Recycling and Recovery (CalRecycle)
Financial Resources Management Branch
Tire-Derived Product Grant Program
1001 I Street, MS13, P.O. Box 4025
Sacramento, CA 95812
Tel: 916-341-6341
noel.davis@calrecycle.ca.gov
Connect with us!
HB -211-Item 12. - 4
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 1
EXHIBIT A
TERMS AND CONDITIONS
Tire-Derived Product Grant Program
Fiscal Year 2016-17
The following terms used in this Grant Agreement (Agreement) have the meanings given to
them below, unless the context clearly indicates otherwise:
"CalRecycle" means the Department of Resources Recycling and Recovery.
"Director" means the Director of CalRecycle or his or her designee.
"Grant Agreement" and "Agreement" means all documents comprising the agreement
between CalRecycle and the Grantee for this Grant.
"Grant Manager" means CalRecycle staff person responsible for monitoring the grant.
"Grantee" means the recipient of funds pursuant to this Agreement.
"Program" means the Tire-Derived Product Grant Program.
"State" means the State of California, including, but not limited to, CalRecycle and/or its
designated officer.
AIR OR WATER POLLUTION VIOLATION
The grantee shall not be:
(a) In violation of any order or resolution not subject to review promulgated by the State Air
Resources Board or an air pollution control district.
(b) Out of compliance with any final cease and desist order issued pursuant to Water Code
Section 13301 for violation of waste discharge requirements or discharge prohibitions.
(c) Finally determined to be in violation of provisions of federal law relating to air or water
pollution.
AMENDMENT
No amendment or variation of the terms of this Agreement shall be valid u nless made in
writing, signed by the parties, and approved as required. No oral understanding or
agreement not incorporated into this Agreement is binding on any of the parties. This
Agreement may be amended, modified or augmented by mutual consent of th e parties,
subject to the requirements and restrictions of this paragraph.
AMERICANS WITH DISABILITIES ACT
The grantee assures the state that it complies with the Americans with Disabilities Act of
1990 (ADA)(42 U.S.C.§ 12101 et seq.), which prohibits discrimination on the basis of
disability, as well as all applicable regulations and guidelines issued pursuant to the ADA.
ASSIGNMENT, SUCCESSORS, AND ASSIGNS
(a) This Agreement may not be assigned by the grantee, either in whole or in part, without
CalRecycle’s prior written consent.
(b) The provisions of this Agreement shall be binding upon and inure to the benefit of
CalRecycle, the grantee, and their respective successors and assigns.
AUDIT/RECORDS ACCESS
The grantee agrees that CalRecycle, the Department of Finance, the Bureau of State Audits,
or their designated representative(s) shall have the right to review and to copy any records
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 2
and supporting documentation pertaining to the performance of this Agreement. The grantee
agrees to maintain such records for possible audit for a minimum of three (3) years after final
payment date or grant term end date, whichever is later, unless a longer period of records
retention is stipulated, or until completion of any action and resolution of all issues which may
arise as a result of any litigation, dispute, or audit, whichever is later. The grantee agrees to
allow the designated representative(s) access to such records during normal business hours
and to allow interviews of any employees who might reasonably have info rmation related to
such records. Further, the grantee agrees to include a similar right of the State to audit
records and interview staff in any contract or subcontract related to performance of this
Agreement.
[It may be helpful to share the Terms and Conditions and Procedures and Requirements with
your finance department, contractors and subcontractors. Examples of audit documentation
include, but are not limited to: expenditure ledger, payroll register entries and time sheets,
personnel expenditure summary form, travel expense log, paid warrants, contracts, change
orders, invoices, and/or cancelled checks.]
AUTHORIZED REPRESENTATIVE
The grantee shall continuously maintain a representative vested with signature authorit y
authorized to work with CalRecycle on all grant-related issues. The grantee shall, at all
times, keep the Grant Manager informed as to the identity and contact information of the
authorized representative.
AVAILABILITY OF FUNDS
CalRecycle's obligations under this Agreement are contingent upon and subject to the
availability of funds appropriated for this grant.
BANKRUPTCY/DECLARATION OF FISCAL EMERGENCY NOTIFICATION
If the grantee files for protection under Chapter 9 of the U.S. Bankruptcy Code (11 U.S.C.
§901 et seq.) or declares a fiscal emergency at any time during the Grant Term, the grantee
shall notify CalRecycle within 15 days of such filing or declaration, pursuant to the procedures
set forth in the section entitled “Communications” herein.
CHARTER CITIES
If the grantee is a charter city, a joint powers authority that includes one or more charter
cities, or the regional lead for a regional program containing one or more charter cities, the
grantee shall not receive any grant funding if such funding is prohibited by Labor Code
section 1782. If it is determined that Labor Code section 1782 prohibits funding for the grant
project, this Agreement will be terminated and any disbursed grant funds shall be returned to
CalRecycle.
CHILD SUPPORT COMPLIANCE ACT
For any agreement in excess of $100,000, the grantee acknowledges that:
(a) The grantee recognizes the importance of child and family support obligations and shall
fully comply with all applicable state and federal laws relating to child and fam ily support
enforcement, including, but not limited to, disclosure of information and compliance with
earnings assignment orders, as provided in Family Code Section 5200 et seq.; and
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 3
(b) The grantee, to the best of its knowledge, is fully complying with the earnings assignment
orders of all employees, and is providing the names of all new employees to the New Hire
Registry maintained by the California Employment Development Department.
COMMUNICATIONS
All communications from the grantee to CalRecycle shall be directed to the Grant Manager.
All notices, including reports and payment requests, required by this Agreement shall be
given in writing by email, letter, or fax to the Grant Manager as identified in the Procedures
and Requirements (Exhibit B). If an original document is required, prepaid mail or personal
delivery to the Grant Manager is required following the email or fax.
COMPLIANCE
The grantee shall comply fully with all applicable federal, state, and local laws, ordinances,
regulations, and permits. The grantee shall provide evidence, upon request, that all local,
state, and/or federal permits, licenses, registrations, and approvals have been secured for the
purposes for which grant funds are to be expended. The grantee shall maintain compliance
with such requirements throughout the Grant Term. The grantee shall ensure that the
requirements of the California Environmental Quality Act are met for any approvals or other
requirements necessary to carry out the terms of this Agreement. The grantee shall ensure
that all of grantee’s contractors and subcontractors have all local, state, and/or federal
permits, licenses, registrations, certifications, and approvals required to perform the work for
which they are hired. Any deviation from the requirements of this section shall result in non-
payment of grant funds.
CONFLICT OF INTEREST
The grantee needs to be aware of the following provisions regarding current or former state
employees. If the grantee has any questions on the status of any person rendering services
or involved with this Agreement, CalRecycle must be contacted immediately for clarification.
Current State Employees (Pub. Contract Code, § 10410):
(a) No officer or employee shall engage in any employment, activity, or enterprise from which
the officer or employee receives compensation or has a financial interest and which is
sponsored or funded by any state agency, unless the employment, activity, or enterprise
is required as a condition of regular state employment.
(b) No officer or employee shall contract on his or her own behalf as an independent
contractor with any state agency to provide goods or services.
Former State Employees (Pub. Contract Code, § 10411):
(a) For the two-year period from the date he or she left state employment, no former state
officer or employee may enter into a contract in which he or she engaged in any of the
negotiations, transactions, planning, arrangements or any part of the decision -making
process relevant to the contract while employed in an y capacity by any state agency.
(b) For the twelve-month period from the date he or she left state employment, no former
state officer or employee may enter into a contract with any state agency if he or she was
employed by that state agency in a policy-making position in the same general subject
area as the proposed contract within the twelve month period prior to his or her leaving
state service.
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 4
If the grantee violates any provisions of above paragraphs, such action by the grantee shall
render this Agreement void. (Pub. Contract Code, § 10420).
CONTRACTORS/SUBCONTRACTORS
The grantee will be entitled to make use of its own staff and such contractors and
subcontractors as are mutually acceptable to the grantee and CalRecycle. Any change in
contractors or subcontractors must be mutually acceptable to the parties. Immediately upon
termination of any such contract or subcontract, the grantee shall notify the Grant Manager.
Nothing contained in this Agreement or otherwise, shall create any contractual relation
between CalRecycle and any contractors or subcontractors of grantee, and no agreement
with contractors or subcontractors shall relieve the grantee of its responsibilities and
obligations hereunder. The grantee agrees to be as fully responsible to CalRecycle for the
acts and omissions of its contractors and subcontractors and of persons either directly or
indirectly employed by any of them as it is for the acts and omissions of persons directly
employed by the grantee. The grantee's obligation to pay its contractors and subcontractors
is an independent obligation from CalRecycle’s obligation to make payments to the grantee.
As a result, CalRecycle shall have no obligation to pay or to enforce the payment of any
moneys to any contractor or subcontractor.
COPYRIGHTS
Grantee retains title to any copyrights or copyrightable material produced pursuant to this
Agreement. Grantee hereby grants to CalRecycle a royalty-free, nonexclusive, transferable,
world-wide license to reproduce, translate, and distribute copies of any and all copyrightable
materials produced pursuant this Agreement, for nonprofit, non-commercial purposes, and to
have or permit others to do so on CalRecycle’s behalf. Grantee is responsible for obtaining
any necessary licenses, permissions, releases or authorizations to use text, images, or other
materials owned, copyrighted, or trademarked by third parties and for extending such
licenses, permissions, releases, or authorizations to CalRecycle pursuant to this section.
CORPORATION QUALIFIED TO DO BUSINESS IN CALIFORNIA
When work under this Agreement is to be performed in California by a corporation, the
corporation shall be in good standing and currently qualified to do business in the State.
"Doing business" is defined in Revenue and Taxation Code Section 23101 as actively
engaging in any transaction for the purpose of financial or pecuniary gain or profit.
DISCHARGE OF GRANT OBLIGATIONS
The grantee's obligations under this Agreement shall be deemed discharged only upon
acceptance of the final report by CalRecycle. If the grantee is a non-profit entity, the grantee’s
Board of Directors shall accept and certify as accurate the final report prior to its submission
to CalRecycle.
DISCLAIMER OF WARRANTY
CalRecycle makes no warranties, express or implied, including without limitation, the implied
warranties of merchantability and fitness for a particular purpose, regarding the materials,
equipment, services or products purchased, used, obtained and/or produced with funds
awarded under this Agreement, whether such materials, equipment, services or products are
purchased, used, obtained and/or produced alone or in combination with other materials,
equipment, services or products. No CalRecycle employees or a gents have any right or
authority to make any other representation, warranty or promise with respect to any
HB -216-Item 12. - 9
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 5
materials, equipment, services or products, purchased, used, obtained, or produced with
grant funds. In no event shall CalRecycle be liable for spe cial, incidental or consequential
damages arising from the use, sale or distribution of any materials, equipment, services or
products purchased or produced with grant funds awarded under this Agreement.
DISCRETIONARY TERMINATION
The Director shall have the right to terminate this Agreement at his or her sole discretion at
any time upon 30 days written notice to the grantee. Within 45 days of receipt of written
notice, grantee is required to:
(a) Submit a final written report describing all work performed by the grantee.
(b) Submit an accounting of all grant funds expended up to and including the date of
termination.
(c) Reimburse CalRecycle for any unspent funds.
DISPUTES
In the event of a dispute regarding performance under this Agreement or interpretation of
requirements contained therein, the grantee may, in addition to any other remedies that may
be available, provide written notice of the particulars of such dispute to the Branch Chief of
Financial Resources Management Branch, Department of Resources Recycling and
Recovery, PO Box 4025, Sacramento, CA 95812-4025. Such written notice must contain the
grant number.
Unless otherwise instructed by the Grant Manager, the grantee shall continue with its
responsibilities under this Agreement during any dispute.
DRUG-FREE WORKPLACE CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee will comply with the requirements of the Drug-
Free Workplace Act of 1990 (Gov. Code, § 8350 et seq.) and will provide a drug-free
workplace by taking the following actions:
(a) Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation, possession or use of a controlled substance is prohibited and specif ying
actions that will be taken against employees for violations.
(b) Establish a drug-free awareness program to inform employees about all of the following:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug-free workplace.
(3) Any available counseling, rehabilitation, a nd employee assistance programs.
(4) Penalties that may be imposed upon employees for drug abuse violations.
(c) Require that each employee who works on the grant:
(1) Receive a copy of the drug-free policy statement of the grantee.
(2) Agrees to abide by the terms of such statement as a condition of employment on the
grant.
Failure to comply with these requirements may result in suspension of payments under the
Agreement or termination of the Agreement or both and grantee may be ineligible for award
of any future state agreements if CalRecycle determines that the grantee has made a false
certification, or violated the certification by failing to carry out the requirements as noted
above.
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 6
EFFECTIVENESS OF AGREEMENT
This Agreement is of no force or effect until signed by both parties.
ENTIRE AGREEMENT
This Agreement supersedes all prior agreements, oral or written, made with respect to the
subject hereof and, together with all attachmen ts hereto, contains the entire agreement of the
parties.
ENVIRONMENTAL JUSTICE
In the performance of this Agreement, the grantee shall conduct its programs, policies, and
activities that substantially affect human health or the environment in a manner that ensures
the fair treatment of people of all races, cultures, and income levels, including minority
populations and low-income populations of the state.
EXPATRIATE CORPORATIONS
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
under the laws of California, that the grantee is not an expatriate corporation or subsidiary of
an expatriate corporation within the meaning of Public Contract Code Sections 10286 and
10286.1, and is eligible to contract with the State of California.
FAILURE TO PERFORM AS REQUIRED BY THIS AGREEMENT
CalRecycle will benefit from the grantee's full compliance with the terms of this Agreement
only by the grantee's:
(a) Investigation and/or application of technologies, processes, and devices which support
reduction, reuse, and/or recycling of wastes.
(b) Cleanup of the environment.
(c) Enforcement of solid waste statutes and regulations, as applicable.
Therefore, the grantee shall be in compliance with this Agreement only if t he work it performs
results in:
(a) Application of information, a process, usable data or a product which can be used to aid in
reduction, reuse, and/or recycling of waste.
(b) The cleanup of the environment.
(c) The enforcement of solid waste statutes and regulations, as applicable.
If the Grant Manager determines that the grantee has not complied with the Grant
Agreement, the grantee may forfeit the right to reimbursement of any grant funds not already
paid by CalRecycle, including, but not limited to, the 10 percent withhold.
FORCE MAJEURE
Neither CalRecycle nor the grantee, its contractors, vendors, or subcontractors, if any, shall
be responsible hereunder for any dela y, default, or nonperformance of this Agreement, to the
extent that such delay, default, or nonperformance is caused by an act of God, weather,
accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other
contingencies unforeseen by CalRecycle or the grantee, its contractors, vendors, or
subcontractors, and beyond the reasonable control of such party.
FORFEIT OF GRANT FUNDS/REPAYMENT OF FUNDS IMPROPERLY EXPENDED
If grant funds are not expended, or have not been expended, in accordance with this
Agreement, or if real or personal property acquired with grant funds is not being used, or has
not been used, for grant purposes in accordance with this Agreement, the Director, at his or
HB -218-Item 12. - 11
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 7
her sole discretion, may take appropriate action under this Agreement, at law or in equity,
including requiring the grantee to forfeit the unexpended portion of the grant funds, including,
but not limited to, the 10 percent withhold, and/or to repay to CalRecycle any funds
improperly expended.
GENERALLY ACCEPTED ACCOUNTING PRINCIPLES
The grantee is required to use Generally Accepted Accounting Principles in documenting all
grant expenditures.
GRANT MANAGER
The Grant Manager’s responsibilities include monitoring grant progress, and reviewing and
approving Grant Payment Requests and other documents delivered to CalRecycle pursuant
to this Agreement. The Grant Manager may monitor grantee performance to ensure that the
grantee expends grant funds appropriately and in a manner consistent with the terms and
conditions contained herein. The Grant Manager does not have the authority to approve any
deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and
Requirements (Exhibit B), unless such authority is expressly stated in the Procedures and
Requirements (Exhibit B).
GRANTEE ACCOUNTABILITY
The grantee is ultimately responsible and accountable for the manner in which the grant
funds are utilized and accounted for and the way the grant is administered, even if the
grantee has contracted with another organization, public or private, to administer or operate
its grant program. In the event an audit should determine that grant funds are owe d to
CalRecycle, the grantee is responsible for repayment of the funds to CalRecycle.
GRANTEE'S INDEMNIFICATION AND DEFENSE OF THE STATE
The grantee agrees to indemnify, defend and save harmless the state and CalRecycle, and
their officers, agents and employees from any and all claims and losses accruing or resulting
to any and all contractors, subcontractors, suppliers, 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 grantee as
a result of the performance of this Agreement.
GRANTEE'S NAME CHANGE
A written amendment is required to change the grantee's name as listed on this Agreement.
Upon receipt of legal documentation of the name change, CalRecycle will process the
amendment. Payment of Payment Requests presented with a new name cannot be paid p rior
to approval of the amendment.
IN CASE OF EMERGENCY
In the event of an emergency, or where there is an imminent threat to public health and
safety or the environment, the grantee may choose, at its own risk, to incur grant-eligible
expenses not previously included in the approved Budget, subject to subsequent approval by
the Grant Manager of both the Budget change and the need to implement the Budget change
on an emergency basis. The grantee shall notify the Grant Manager of the emergency and
the Budget change at the earliest possible opportunity. CalRecycle reserves the right to
accept or reject the grantee’s determination that the circumstances constituted an emergency
HB -219-Item 12. - 12
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 8
or a threat to public health and safety or the environment. If the Grant Manager determines
that the circumstances did not constitute an emergency or a threat to public health or safety,
the Budget change will be disallowed.
NATIONAL LABOR RELATIONS BOARD CERTIFICATION
The person signing this Agreement on behalf of the grantee certifies under penalty of perjury
that no more than one final unappealable finding of contempt of court by a federal court has
been issued against the grantee within the immediately preceding two-year period because of
the grantee's failure to comply with an order of a federal court which orders the grantee to
comply with an order of the National Labor Relations Board. This section is not applicable if
the grantee is a public entity.
NO AGENCY RELATIONSHIP CREATED/INDEPENDENT CAPACITY
The grantee and the agents and employees of grantee, in the performance of this
Agreement, shall act in an independent capacity and not as officers or employees or agents
of CalRecycle.
NO WAIVER OF RIGHTS
CalRecycle shall not be deemed to have waived any rights under this Agreement unless such
waiver is given in writing and signed by CalRecycle. No delay or omission on the part of
CalRecycle in exercising any rights shall operate as a waiver of such right or any other right.
A waiver by CalRecycle of a provision of this Agreement shall not prejudice or constitute a
waiver of CalRecycle’s right otherwise to demand strict compliance with that provision or any
other provision of this Agreement. No prior waiver by CalRecycle, nor any course of dealing
between CalRecycle and grantee, shall constitute a waiver of any of CalRecycle’s rights or of
any of grantee’s obligations as to any future transactions. Whenever the consent of
CalRecycle is required under this Agreement, the granting of such consent by CalRecycle in
any instance shall not constitute continuing consent to subsequent instances where such
consent is required and in all cases such consent may be granted or withheld in the sole
discretion of CalRecycle.
NON-DISCRIMINATION CLAUSE
(a) During the performance of this Agreement, grantee and its contractors shall not unlawfully
discriminate, harass, or allow harassment against any employee or applicant for
employment on the bases enumerated in Government Code Section 12900 et seq.
(b) The person signing this Agreement on behalf of the grantee certifies under penalty of
perjury under the laws of California that the grantee has, unless exempted, complied with
the nondiscrimination program requirements (Gov. Code, § 12990, subd. (a-f) and
California Code of Regulations, Title 2, Section 8103). (Not applicable to public entities.)
ORDER OF PRECEDENCE
The performance of this grant shall be conducted in accordance with the Terms and
Conditions, Procedures and Requirements, Project Summary/Statement of Use, Work Plan,
and Budget of this Agreement, or other combination of exhibits specified on the Grant
Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s
CalRecycle-approved Application (Grantee’s Application) is hereby incorporated herein by
this reference. In the event of conflict or inconsistency between the articles, exhibits,
attachments, specifications or provisions that constitute this Agreement, the following order of
precedence shall apply:
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 9
(a) Grant Agreement Coversheet and any Amendments thereto
(b) Terms and Conditions
(c) Procedures and Requirements
(d) Project Summary/Statement of Use
(e) Budget
(f) Work Plan
(g) Grantee’s Application
(h) All other attachments hereto, including any that are incorporated by reference.
OWNERSHIP OF DRAWINGS, PLANS, AND SPECIFICATIONS
The grantee shall, at the request of CalRecycle or as specifically directed in the Procedures
and Requirements (Exhibit B), provide CalRecycle with copies of any data, drawings, design
plans, specifications, photographs, negatives, audio and video productions, films, recordings,
reports, findings, recommendations, and memoranda of every description or any part thereof,
prepared under this Agreement. Grantee hereby grants to CalRecycle a royalty-free,
nonexclusive, transferable, world-wide license to reproduce, translate, and distribute copies
of any and all such materials produced pursuant this Agreement, for nonprofit, non-
commercial purposes, and to have or permit others to do so on CalRecycle’s behalf.
PAYMENT
(a) The approved Budget, if applicable, is attached hereto and incorporated herein by this
reference and states the maximum amount of allowable costs for each of the tasks
identified in the Work Plan, if applicable, which is attached hereto and incorporated he rein
by this reference. CalRecycle shall reimburse the grantee for only the work and tasks
specified in the Work Plan or the Grantee’s Application at only those costs specified in the
Budget and incurred in the term of the Agreement.
(b) The grantee shall carry out the work described in the Work Plan or in the Grantee’s
Application in accordance with the approved Budget, and shall obtain the Grant
Manager’s written approval of any changes or modifications to the Work Plan, approved
project as described in the Grantee’s Application or the approved Budget prior to
performing the changed work or incurring the changed cost. If the grantee fails to obtain
such prior written approval, the Director, at his or her sole discretion, may refuse to
provide funds to pay for such work or costs.
(c) The grantee shall request reimbursement in accordance with the procedures described in
the Procedures and Requirements.
(d) Ten percent will be withheld from each Payment Request and paid at the end of the grant
term, when all reports and conditions stipulated in this Agreement have been satisfactorily
completed. Failure by the grantee to satisfactorily complete all reports and conditions
stipulated in this Agreement may result in forfeiture of any such funds withheld pursuant to
CalRecycle’s 10 percent retention policy.
(e) Lodgings, Meals and Incidentals: Grantee’s Per Diem eligible costs are limited to the
amounts authorized in the California State Administrative Manual (contact the Grant
Manager for more information).
(f) Payment will be made only to the grantee.
(g) Reimbursable expenses shall not be incurred unless and until the grantee receives a
Notice to Proceed as described in the Procedures and Requirements (Exhibit B).
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CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 10
PERSONAL JURISDICTION
The grantee consents to personal jurisdiction in the State of California for all proceedings
concerning the validity and operation of this Agreement and the performance of the
obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal
sovereign immunity as a defense to any and all proceedings concerning the validity and
operation of this Agreement and the performance of the obligations imposed upon the
parties.
PERSONNEL COSTS
If there are eligible costs pursuant to Exhibit B, Procedures and Requirements, any personnel
expenditures to be reimbursed with grant funds must be computed based on actual time
spent on grant-related activities and on the actual salary or equivalent hourly wage the
employee is paid for his or her regular job duties, including a proportionate share of any
benefits to which the employee is entitled, unless otherwise specified in the Procedures and
Requirements (Exhibit B).
REAL AND PERSONAL PROPERTY ACQUIRED WITH GRANT FUNDS
(a) All real and personal property, including equipment and supplies, acquired with grant
funds shall be used by the grantee only for the purposes for which CalRecycle approved
their acquisition for so long as such property is needed for such purposes, regardless of
whether the grantee continues to receive grant funds from CalRecycle for such purposes.
In no event shall the length of time during which such property, including equipment and
supplies, acquired with grant funds, is used for the purpose for which CalRecycle
approved its acquisition be less than five (5) years after the end of the grant term, during
which time the property, including equipment and supplies, must remain in the State of
California.
(b) Subject to the obligations and conditions set forth in this section, title to all real and
personal property acquired with grant funds, including all equipment and supplies, shall
vest upon acquisition in the grantee. The grantee may be required to execute all
documents required to provide CalRecycle with a security interest in any real or personal
property, including equipment and supplies, and it shall be a condition of receiving this
grant that CalRecycle shall be in first priority position with respect to the security interest
on any such property acquired with the grant funds, unless pre -approved in writing by the
Grant Manager that CalRecycle will accept a lower priority position with respect to the
security interest on the property. Grantee shall inform any lender(s) from whom it is
acquiring additional funding to complete the property purchase of this grant condition.
(c) The grantee may not transfer Title to any real or personal property, including equipment
and supplies, acquired with grant funds to any othe r entity without the express
authorization of CalRecycle.
(d) CalRecycle will not reimburse the grantee for the acquisition of equipment that was
previously purchased with CalRecycle grant funds, unless the acquisition of such
equipment with grant funds is pre-approved in writing by the Grant Manager. In the event
of a question concerning the eligibility of equipment for grant funding, the burden will be
on the grantee to establish the pedigree of the equipment.
REASONABLE COSTS
A cost is reasonable if, in its nature or amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision was
made to incur the cost. Consideration will be given to:
HB -222-Item 12. - 15
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 11
(a) Whether the cost is of a type generally recognized as ordinary and necessary for the
performance of the grant.
(b) The restraints or requirements imposed by such factors as generally accepted sound
business practices, arms-length bargaining, federal and state laws and regulations, and
the terms and conditions of this Agreement.
(c) Whether the individuals concerned acted with prudence in the circumstances, considering
their responsibilities to the organization, its members, employees, clients, and the public
at large.
(d) Significant deviations from the established practices of the organization which may
unjustifiably increase the grant costs.
RECYCLED-CONTENT PAPER
All documents submitted by the grantee must be printed double-sided on recycled-content
paper containing 100 percent post-consumer fiber. Specific pages containing full color
photographs or other ink-intensive graphics may be printed on photographic paper.
REDUCTION OF WASTE
In the performance of this Agreement, grantee shall take all reasonable steps to ensure that
materials purchased or utilized in the course of the project are not wasted. Steps should
include, but not be limited to: the use of used, reusable, or recyclable products; discretion in
the amount of materials used; alternatives to disposal of materials consumed; and the
practice of other waste reduction measures where feasible and appropriate.
REDUCTION OF WASTE TIRES
Unless otherwise provided for in this Agreement, in the performance of this Agreement, for all
purchases made with grant funds, including, but not limited to equipment and tire -derived
feedstock, the grantee shall purchase and/or process only California waste tires and
California waste tire-derived products. As a condition of final payment under this Agreement,
the grantee must provide documentation substantiating the source of the tire materials used
during the performance of this Agreement to the G rant Manager.
REIMBURSEMENT LIMITATIONS
Under no circumstances shall the grantee seek reimbursement pursuant to this Agreement
for a cost or activity that has been or will be paid for through another funding source. The
grantee shall not seek reimbursement for any costs used to meet cost sharing or matching
requirements of any other CalRecycle funded program.
All costs charged against the Agreement shall be net of all applicable credits. The term
“applicable credits” refers to those receipts or reductions of expenditures that operate to
offset or reduce expense items that are reimbursable under this Agreement. Applicable
credits may include, but are not necessarily limited to, rebates or allowances, discounts,
credits toward subsequent purchases, and refunds. Grantee shall, where possible, deduct the
amount of the credit from the amount billed as reimbursement for the cost, or shall deduct the
amount of the credit from the total billed under a future invoice.
RELIABLE CONTRACTOR DECLARATION
Prior to authorizing any contractor or subcontractor to commence work under this Grant, the
grantee shall submit to CalRecycle a Reliable Contractor Declaration (CalRecycle 168) from
the contractor or subcontractor, signed under penalty of perjury, disclosing whether of any of
HB -223-Item 12. - 16
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 12
the events listed in Section 17050 of Title 14, California Code of Regulations, Natural
Resources, Division 7, has occurred with respect to the contractor or subcontractor within the
preceding three (3) years. If a contractor is placed on CalRecycle’s Unreliable List after
award of this Grant, the grantee may be required to terminate that contract.
REMEDIES
Unless otherwise expressly provided herein, the rights and remedies hereunder are in
addition to, and not in limitation of, other rights and remedies under this Agreement, at law or
in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right
or remedy.
SELF-DEALING AND ARM’S LENGTH TRANSACTIONS
All expenditures for which reimbursement pursuant to this Agreement is sought shall be the
result of arm’s-length transactions and not the result of, or motivated by, self -dealing on the
part of the grantee or any employee or agent of the grantee. For purposes of this provision,
“arm’s-length transactions” are those in which both parties are on equal footing and fair
market forces are at play, such as when multiple vendors are invited to compete for an
entity’s business and the entity chooses the lowest of the resulting bids. “Self -dealing” is
involved where an individual or entity is obligated to act as a trustee or fiduciary, as when
handling public funds, and chooses to act in a manner that will benefit the individual or entity,
directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all
grant monies are to be expended.
SEVERABILITY
If any provisions of this Agreement are found to be unlawful or unenforceable, such
provisions will be voided and severed from this Agreement without affecting any other
provision of this Agreement. To the full extent, however, that the provisions of such
applicable law may be waived, they are hereby waived to the end that this Agreement be
deemed to be a valid and binding agreement enforceable in accordance with its terms.
SITE ACCESS
The grantee shall allow the state to access sites at which grant funds are expended and
related work being performed at any time during the performance of the work and fo r ninety
(90) days after completion of the work, or until all issues related to the grant project have
been resolved.
STOP WORK NOTICE
Immediately upon receipt of a written notice from the Grant Manager to stop work, the
grantee shall cease all work under this Agreement.
TERMINATION FOR CAUSE
CalRecycle may terminate this Agreement and be relieved of any payments should the
grantee fail to perform the requirements of this Agreement at the time and in the manner
herein provided. In the event of such termination, CalRecycle may proceed with the work in
any manner deemed proper by CalRecycle. All costs to CalRecycle shall be deducted from
any sum due the grantee under this Agreement. Termination pursuant to this section may
result in forfeiture by the grantee of any funds retained pursuant to CalRecycle’s 10 percent
retention policy.
HB -224-Item 12. - 17
CalRecycle’s Competitive Grant Terms and Conditions – Revised 3/29/2016 13
TIME IS OF THE ESSENCE
Time is of the essence to this Agreement.
TOLLING OF STATUTE OF LIMITATIONS
The statute of limitations for bringing any action, administrative or civil, to enforce the terms of
this Agreement or to recover any amounts determined to be owing to CalRecycle as the
result of any audit of the grant covered by this Agreement shall be to lled during the period of
any audit resolution, including any appeals by the grantee to the Director.
UNION ORGANIZING
By signing this Agreement, the grantee hereby acknowledges the applicability of Government
Code Sections 16645, 16645.2, 16645.8, 16646, 16647, and 16648 to this Agreement and
hereby certifies that:
(a) No grant funds disbursed by this grant will be used to assist, promote, or deter union
organizing by employees performing work under this Agreement.
(b) If the grantee makes expenditures to assist, promote, or deter union organizing, the
grantee will maintain records sufficient to show that no state funds were used for those
expenditures, and that grantee shall provide those records to the Attorney General upon
request.
VENUE/CHOICE OF LAW
(a) All proceedings concerning the validity and operation of this Agreement and the
performance of the obligations imposed upon the parties hereunder shall be held in
Sacramento County, California. The parties hereby waive any right to any other venue.
The place where the Agreement is entered into and place where the obligation is incurred
is Sacramento County, California.
(b) The laws of the State of California shall govern all proceedings concerning the validity and
operation of this Agreement and the performan ce of the obligations imposed upon the
parties hereunder.
WAIVER OF CLAIMS AND RECOURSE AGAINST THE STATE
The grantee agrees to waive all claims and recourse against the state, its officials, officers,
agents, employees, and servants, including, but not limited to, the right to contribution for loss
or damage to persons or property arising out of, resulting from, or in any way connected with
or incident to this Agreement. This waiver extends to any loss incurred attributable to any
activity undertaken or omitted pursuant to this Agreement or any product, structure, or
condition created pursuant to, or as a result of, this Agreement.
WORK PRODUCTS
Grantee shall provide CalRecycle with copies of all final products identified in the Work Plan.
Grantee shall also provide CalRecycle with copies of all public education and advertising
material produced pursuant to this Agreement.
WORKERS’ COMPENSATION/LABOR CODE
The grantee is aware of Labor Code Section 3700, which requires every employer to be
insured against liability for Workers’ Compensation or to undertake self-insurance in
accordance with the Labor Code, and the grantee agrees to comply with such provisions
before commencing the performance of the work of this Agreement.
HB -225-Item 12. - 18
Tire-Derived Product Grant Program, FY 2016–17 1
EXHIBIT B
PROCEDURES AND REQUIREMENTS
TIRE-DERIVED PRODUCT GRANT PROGRAM
17th Cycle – Fiscal Year 2016–17
Copies of these Procedures and Requirements should be shared with BOTH the
Finance Department AND the staff responsible for implementing the grant
activities.
INTRODUCTION
The Tire-Derived Product Grant Program is administered through the Department of
Resources Recycling and Recovery (CalRecycle). These Procedures and
Requirements describe project and reporting requirements, report due dates, report
contents, grant payment conditions, eligible and ineligible project costs, project
completion and closeout procedures, records and audit requirements.
This document is attached to, and incorporated by reference, into the Grant Agreement.
MILESTONES
NTP Date Grant Term begins on date indicated on the Notice to Proceed
(NTP)
April 1, 2018 Progress Report Due
April 1, 2019 Final Report and final Payment Request Due
April 1, 2019 Grant Term End
GRANT MANAGEMENT SYSTEM (GMS)
GMS is CalRecycle’s web-based grant application and grant management system.
Access to GMS is secure; grantees must log in using a WebPass. WebPass accounts
are tied to a specific email address. If an email address changes, or if it becomes
inactive, the grantee must create a new WebPass account to continue accessing GMS.
Establish or manage a WebPass at CalRecycle’s WebPass page
(https://secure.calrecycle.ca.gov/WebPass/).
Accessing the grant
Grantees must log into GMS (https://secure.calrecycle.ca.gov/Grants) using their Web
pass. After login, locate the grant in the My Awarded/Open Grants table and select
the Grant Management button. The Grant Management Module includes the
following sections:
Summary tab – shows approved budget, paid and remaining amounts. (This
section is available to the grantee in read-only mode.)
Payment Request tab - requests reimbursement.
Reports tab- uploads required reports.
Documents tab– uploads other grant documents that are not considered
supporting documents to a payment request or a report. This section also
provides access to documents that were uploaded within other sections of GMS.
Sites tab – lists approved project sites.
HB -226-Item 12. - 19
Tire-Derived Product Grant Program, FY 2016–17 2
Follow the instructions in GMS to work in the system. Use the information in the
following sections to determine what reports, transactions, and supporting documents
are required.
Contact Updates
Access to the grant is limited to those listed in the Contacts tab of the Application
Module with the access check box marked. A contact may be listed but not granted
access by not checking the box. Please note, if a contact is granted access to a grant
they will be able to edit contacts, submit payment requests, upload reports, and view all
documents. Those with access may update contact information for all contact types
except Signature Authority. Email the assigned CalRecycle Grant Manager (Grant
Manager) regarding any changes to Signature Authority information.
PRIOR TO COMMENCING WORK
Prior to commencing work under this grant, the grantee’s Grant Manager or primary
contact and authorized grant Signature Authority should review the Terms and
Conditions (Exhibit A) and the Procedures and Requirements (Exhibit B) to identify key
grant administrative requirements. Evaluation of the grantee’s compliance with these
requirements is a major focus of grant audits.
Reliable Contractor Declaration
Prior to authorizing a contractor(s) to commence work under this grant, the grantee shall
submit to the Grant Manager a declaration from the contractor(s), signed under penalty
of perjury, stating that within the preceding three (3) years, none of the events listed in
Section 17050 of Title 14 California Code of Regulations, Natural Resources, Division 7,
has occurred with respect to the contractor(s) and the subcontractor(s), respectively.
If a (sub) contractor is placed on the CalRecycle Unreliable List after award of this grant,
the grantee may be required to terminate that contract. Obtain the Reliable Contractor
Declaration form (CalRecycle 168) from CalRecycle’s form web page
(www.calrecycle.ca.gov/Funding/Forms).
A scanned copy of the signed Reliable Contractor Declaration form must be uploaded in
GMS. To upload the form:
1. Go to the Reports tab.
2. Click on Reliable Contractor Declaration under Report Type.
3. Click the Add Document button.
4. Select Reliable Contractor Declaration in the Document Type drop down box,
enter a document title, click the Browse button to search and upload the
document, and then Save.
5. Click on the Submit Report button.
For further instructions regarding GMS, including login directions, see the section above
titled Grant Management System.
Photo Requirement
Prior to commencing work or incurring costs, the grantee is required to submit at least
one pre-construction digital photograph of the project site.
HB -227-Item 12. - 20
Tire-Derived Product Grant Program, FY 2016–17 3
Tire-Derived Product Update Requirement
Prior to commencing work or incurring costs, the Grant Manger must approve in writing
any proposed changes of the product manufacturer, supplier/vendor, and/or (sub)
contractor from the one identified in the grantee’s Grant Application. If approved, the
grantee must submit a new, updated and complete Tire-Derived Product Certification
Form (CalRecycle 227).
To obtain a form visit the CalRecycle Grant Forms webpage
(http://www.calrecycle.ca.gov/Funding/Forms/).
The Tire-Derived Product Certification Form (CalRecycle 227) must be uploaded in
GMS. To upload the Form:
1. In the Documents tab, go to the Other Grant Documents section.
2. Click on the Upload a Document button.
3. Type a title, i.e. Revision #1 Tire-Derived Product Certification Form, then click
the Browse button to search and upload the document.
4. Click the Save button.
PROJECT REQUIREMENTS
Products must be installed at the location(s) specified in the approved Grant
Application.
Project(s) must be completed by April 1, 2019, to ensure full reimbursement.
Products must be made from only California-generated waste tires.
The waste tire material must be processed in California and the final product
must be manufactured in California.
Applications must use a minimum of 2,500 California-generated waste tires.
Multiple products/projects may be combined to achieve this minimum.
Project(s) must not have been previously received CalRecycle grant funds.
Project Modification Requests
Proposed modifications or revisions to the approved project must be requested in
writing to the Grant Manager on official department letterhead. The Grant Manager
must approve the proposed changes in writing prior to the grantee performing any
changes or incurring any related costs. The request must be uploaded in GMS and
must include:
1. The reason for the change or modification, a summary of the new project and
location information for each project site.
2. The new work plan and cost changes, if applicable (identify the modification or
revision by number, e.g., Revision #1.
3. A new, updated and complete Tire-Derived Product Certification form
(CalRecycle 227).
To upload a Project Modification Request in GMS:
1. In the Documents tab, go to the Other Grant Documents section.
2. Click on the Upload a Document button.
3. Type a title, i.e., Revision #1 Project Modification Request, then click the Browse
button to search and upload the document.
HB -228-Item 12. - 21
Tire-Derived Product Grant Program, FY 2016–17 4
4. Click the Save button.
Playground* Compliance
Projects involving playgrounds are subject to various local, state and federal
requirements. It is the grantee’s responsibility to comply with all requirements.
The following information identifies some of the state and federal requirements
associated with playground construction and modifications.
Note: This list is not all inclusive.
For information regarding playground safety and standards, please go to the
California Department of Public Health website. In addition to other
requirements, California law requires that a Playground Inspector, certified by the
National Playground Safety Institute (NPSI), conduct an inspection for
compliance with standards set forth by the American Society for Testing and
Materials (ASTM) and the playground-related guidelines set forth by the United
States Consumer Product Safety Commission (CPSC).
Examples of playground inspection documents are provided on the California
Park & Recreation Society (CPRS) website (http://www.cprs.org/). Scroll down to
the Resources link and go to Information and Referral, click on Playground to
access the Safety Inspector Worksheets. For playground surfacing projects, see
the Surfacing Worksheet.
The Department of Justice recently promulgated new Americans with Disabilities
Act (ADA) standards for playground surfacing, specifically, § 1008.2.6 provides
requirements for access routes, clear floor or ground spaces and turning
requirements. The section incorporates the ASTM standards, specifically, ASTM
F 1292 - 09 Standard Specification for Impact Attenuation of Surfacing Materials
within the Use Zone of Playground Equipment, and ASTM F 1951 for compliance
with inspection and maintenance activities. The 2010 ADA Standards are
available in the 2010 ADA Standards for Accessible Design
(https://www.ada.gov/regs2010/2010ADAStandards/2010ADAstandards.htm).
Submittal of the final Payment Request constitutes certification by the grantee
that all local, state and federal playground requirements have been met
including, but not limited to, certification by a NPSI certified Playground
Inspector. Submittal of compliance documents is not required. Expenses
associated with inspections and certifications are not reimbursable under the
Grant.
*Playground is defined as an improved outdoor area designed, equipped, and set aside
for children’s play that is not intended for use as an athletic playing field or athletic court,
and shall include any playground equipment, fall zones, surface materials, access
ramps, and all areas within and including the designated enclosure and barriers.
Special Considerations for Poured-in-Place Playgrounds
Grantees should be aware that crumb rubber along with truck tire buffings, binder, and
colorant may be used in the finished product but only the crumb rubber portion is
eligible for reimbursement. Grantees should confirm with the Product Provider the
HB -229-Item 12. - 22
Tire-Derived Product Grant Program, FY 2016–17 5
amount of crumb rubber eligible for reimbursement and ensure that it meets the 2,500
passenger tire equivalent before securing any business arrangement. It is the grantee’s
responsibility to comply with all grant requirements.
Project Acknowledgement Requirements
Expenses associated with these requirements are not reimbursable under the Grant.
The grantee must install a permanent sign at the Project site upon completion of the
Project, no later than April 1, 2019. A high resolution file for production purposes, along
with examples, are located at the Tire Resources web site
(http://www.calrecycle.ca.gov/Tires/Grants/Resources/#Signage).
The sign must include the following:
1. “Funded by a Grant from the Department of Resources Recycling and Recovery
(CalRecycle)”;
2. CalRecycle logo1, and
3. Number of CA waste tires diverted2 from the waste stream.
1 CalRecycle Logos are available in the Image Gallery web site
(http://www.calrecycle.ca.gov/Gallery/Logos/); or contact your Grant Manager.
2 To determine the number of tires diverted, refer to the Tire-Derived Product
Certification Form (CalRecycle 227) for the calculation formula.
When the permanent sign is problematic due to grantee-specific issues, the grantee
may list on their website, for a minimum period of one year, an acknowledgement of
CalRecycle’s funding and the waste tire diversion amounts for the project(s). The
alternative acknowledgement must be pre-approved by the Grant Manager and include
the three required components listed above.
GRANT TERM
The Grant Term begins on the date indicated in the Notice to Proceed. The Grant Term
ends on April 1, 2019. This is also the date the Final Report and final Payment Request
are due to CalRecycle.
Grant-eligible program expenditures may start no earlier than the date indicated in the
Notice to Proceed. Eligible program costs must be incurred no later than April 1, 2019.
ELIGIBLE COSTS
Eligible costs are limited to the approved, actual cost of the California-generated TDP,
tax, and shipping up to a total maximum of five dollars ($5) per passenger tire
equivalent (PTE), not to exceed the grant award. This cost is exclusive of truck tire
buffings. The waste tires must have been processed and manufactured into a final
product in California.
These costs must be incurred and paid for during the Grant Term which begins on the
date in the NTP from CalRecycle and ends on April 1, 2019.
HB -230-Item 12. - 23
Tire-Derived Product Grant Program, FY 2016–17 6
INELIGIBLE COSTS
Ineligible costs include, but are not limited to:
Any costs incurred prior to the date indicated in the NTP or after April, 1, 2019;
Materials that are not made from only California-generated waste tires, not
processed in California, or that were not made into a final product in California;
Any cost other than the actual cost of the tire-derived product (exclusive of truck
tire buffings), tax, shipping up to a maximum of five dollars ($5) per PTE;
Costs that exceed the cap of $5 per PTE;
Proportion of rubber derived from tuck tire buffings;
Equipment, installation, signage, playground inspection costs, and labor costs;
and
Any costs the Grant Manager deemed unreasonable or unrelated to the purpose
of the grant.
REPORTING REQUIREMENTS
A Progress Report and a Final Report are required by this Agreement; however, the
Grant Manager may request a Progress Report at any time during the Grant Term.
Failure to submit the Final Report with appropriate documentation by the due date may
result in rejection of the Payment Request and/or forfeiture by the grantee of claims for
costs incurred that might otherwise have been eligible for grant funding.
All reports must be uploaded in GMS. For further instructions regarding GMS, including
login directions, see the section above entitled, Grant Management System.
To upload a report:
1. Go to the Reports tab.
2. Click on the appropriate Report Type.
3. Click on the Add Document button.
4. Choose the Document Type, enter a document title, click the Browse button to
search and upload the document, and then Save.
You may upload multiple documents to complete reporting requirements.
The maximum allowable file size is 35MB.
5. Click the Submit button when the report is complete.
The reports must be current, include all required sections and documents, and must be
approved by the Grant Manager before any Payment Request can be processed.
Failure to comply with the specified reporting requirements may be considered a breach
of this Agreement and may result in the termination of this Agreement or rejection of the
Payment Request and/or forfeiture by the grantee of claims for costs incurred that might
otherwise have been eligible for grant funding. Any problems or delays must be
reported immediately to the Grant Manager.
PROGRESS REPORT
A Progress Report template will be available in GMS in the prior to the Progress Report
Due Date. The completed Progress Report must be uploaded in GMS. See the
Reporting Requirements section for specific instructions.
The grantee must submit a Progress Report by April 1, 2018. This report should
cover grant activities that occurred from the NTP date through April 1, 2018. The
Progress report must address the work completed during the Reporting Period and be
HB -231-Item 12. - 24
Tire-Derived Product Grant Program, FY 2016–17 7
accompanied by all required supporting documentation, including pre-construction
photographs.
The Progress Report must be submitted even if no work has started on the
Project.
FINAL REPORT
A Final Report template will be available in GMS prior to the Final Report Due Date.
The grantee may upload the completed Final Report in GMS any time after the Project
is completed, but no later than April 1, 2019. The Final Report must address the work
completed during the entire grant term (from receipt of the NTP to April 1, 2019, or
completion of Project, whichever is sooner). The Final Report must be accompanied by
the Final Payment Request and all required supporting documentation. See the
Reporting Requirements section for specific instructions.
GRANT PAYMENT INFORMATION
1. Payment to the grantee for eligible grant expenses is made on a reimbursement
basis only and for only those materials specified in the approved grant
application.
2. With the exception of Playground Projects, reimbursement may be requested
only twice during the grant term. In conjunction with (or after) submission of the
Progress Report and in conjunction with the Final Report.
3. Playground Projects may request reimbursement only with submittal of the Final
Report. Submittal of the Final Report Request constitutes certification by the
Grantee that all local, state, and federal playground requirements have been met
including, but not limited to, certification by a NPSI certified Playground
Inspector. Submittal of compliance documents is not required.
4. Reimbursement is conditioned on the Grant Manager’s approval of the Progress
Report and/or Final Report and approval of costs.
5. Grant payments will only be made to the grantee. It is the grantee’s
responsibility to pay all product manufacturers, suppliers/vendors, contractors
and subcontractors for services and/or materials purchased.
6. Ten percent (10%) of each Payment Request will be withheld and retained until
all conditions stipulated in the Agreement have been satisfied. Reimbursement
of the 10% retention will be released once the Final Report is approved by the
Grant Manager.
7. CalRecycle will make payments to the grantee as promptly as fiscal procedures
permit. The grantee can typically expect payment approximately 45 days from
the date a Grant Payment Request is approved by the Grant Manager.
8. If the grantee uses a contractor or subcontractor, the grantee must provide a
Reliable Contractor Declaration (CalRecycle 168) signed under penalty of perjury
by the grantee’s contractor(s) and subcontractor(s) in accordance with the
“Reliable Contractor Declaration” provision of the Terms and Conditions (Exhibit
A). The declaration must be received and approved by the Grant Manager prior
to commencement of work. See “Reliable Contractor Declaration” provision in
Terms and Conditions (Exhibit A) for more information.
PAYMENT REQUEST AND DOCUMENTATION
Failure to submit the final Payment Request with appropriate documentation by the due
date may result in rejection of the Payment Request and/or forfeiture by the grantee of
claims for costs incurred that might otherwise have been eligible for grant funding.
HB -232-Item 12. - 25
Tire-Derived Product Grant Program, FY 2016–17 8
Payment requests must be submitted in GMS. For further instructions regarding GMS,
including login directions, see the section above entitled, Grant Management System.
To submit a Grant Payment Request:
1. Go to the Payment Request tab.
2. Click on the Create a Payment Request button.
Choose Reimburse for the Transaction Type and enter the amount spent
in each budget sub category.
When the transaction is complete, click the Save button.
After the transaction is saved, the Upload Supporting Documentation
button will appear in the lower right corner.
3. Click the Upload Supporting Documentation button.
Choose the Document Type, enter a document title, click the Browse
button to search and upload the document, and then Save.
Select the Back button to upload another document and continue this
process until all required supporting documents as listed below are
uploaded.
The maximum allowable file size for each document is 35MB.
4. Click the Submit Transaction button, located on the transaction page, to
complete your payment request (including uploading all the documents listed
below).
Supporting Documentation
A. A scanned copy of the Grant Payment Request form. Mail only the original
Grant Payment Request form (CalRecycle 87), with the original signature of the
signatory or his/her designee*, as authorized by grantee’s Resolution or Letter of
Commitment to:
Via standard mail Via courier/personal delivery
Department of Resources Recycling
and Recovery
Tire-Derived Product Grant Program
FiRM Branch, 13th Floor
P.O. Box 4025
Sacramento, CA 95812-4025
Department of Resources Recycling
and Recovery
Tire-Derived Product Grant Program
FiRM Branch, 13th Floor
1001 I Street
Sacramento, CA 95814
*A designee may sign on behalf of the grantee if a) authorized by the Resolution
or Letter of Commitment, and b) a Letter of Designation has been provided to
the Grant Manager.
B. Cost and payment documentation with the Payment Request:
Acceptable cost documentation must include at least one of the following:
Invoices, receipts or purchase orders containing the product manufacturer,
supplier/vendor, and/or contractor name, phone number, address, purchase
amount, date and description of goods/services; and
Acceptable proof of payment must include at least one of the following:
Invoice(s) marked as paid; receipts; and accounting reports if they contain check
number, date, product manufacturer, supplier/vendor, and/or contractor name
and amount; and copies of cancelled check(s)
C. An updated, final Tire-Derived Product Certification form (CalRecycle 227)
completed by the product manufacturer, supplier/vendor and/or contractor.
HB -233-Item 12. - 26
Tire-Derived Product Grant Program, FY 2016–17 9
D. Acceptable documentation, verifying that the TDP was made from only
California-generated waste tires and that the waste tires were processed and
manufactured into a final product in California. Documentation must verify the
flow of the California-generated waste tire material from the California processor
to the final product manufacturer (if different) to the supplier/vendor or contractor
(if different) to the grantee and include: 1) a Certificate of Origin (completed by
the processor) or Bill of Lading(s) and 2) invoices, as applicable.
Note: To ensure grant payment, it is recommended that grantee obtain this
documentation from its supplier/vendor/ or contractor prior to payment of
supplier/vendor/ or contractor, as applicable.
E. Post-construction, no less than five digital and color photographs, of the
Project site(s) showing the completed Project with signage.
All forms listed above can be downloaded from the CalRecycle Grant Forms website
(http://www.calrecycle.ca.gov/Funding/Forms).
AUDIT CONSIDERATIONS
The grantee agrees to maintain records and supporting documentation pertaining to the
performance of this grant subject to possible audit for a minimum of three (3) years after
final payment date or Grant Term end date, whichever is later. A longer period of
records retention may be stipulated in order to complete any action and/or resolution of
all issues which may arise as a result of any litigation, dispute, or audit, whichever is
later.
Examples of audit documentation include, but are not limited to, expenditure ledger,
payroll register entries, time sheets, personnel expenditure summary form, travel
expense log, paid warrants, contracts and change orders, samples of items and
materials developed with grant funds, invoices and/or cancelled checks. Please refer to
the Terms and Conditions (Exhibit A) for more information.
ANNUAL SURVEY
Post-grant term Annual Surveys are required by this Agreement to help assess your
long-term satisfaction with the TDP funded by this Grant. The grantee must complete
and submit an Annual Survey for the TDP Grant Program every year for five (5) years
after the grant closes.
You will be notified via email once the annual online survey is available. The annual
online survey may be accessed online at:
http://www.calrecycle.ca.gov/Tires/Grants/Product/default.htm
Note: The link to the survey is only active during the survey period.
HB -234-Item 12. - 27
Application Information
Applicant:City of Huntington Beach
Cycle Name:Tire Derived Product Grants Application Due Date:10/13/2016
Cycle Code:TDP17 Secondary Due Date:11/15/2016
Grant ID:19534
Grant Funds Requested:$ 130,941.70
Matching Funds:- (if applicable)
Awarded Funds:$10,840.00
Project Summary:CalRecycle has edited the following summary to reflect the approved grant project: The City of Huntington Beach is
requesting funds for the Beach Playground (Universally Accessible Playground) and the Central Park/Edwards Street Tot
Lot Park playground rubber surfacing. As a leader in sustainability the City wishes to install rubber surfacing at two
playgrounds this would divert 2,914 tires away from the landfill.
Contacts
Prime Second Auth Cnslt
Antonia Graham Title: Assistant to the City Manager/Energy and X
Office of the City Manager
2000 Main Street
Huntington Beach, CA 92648
Phone: 7145365537
Fax:
Email: antonia.graham@surfcity-hb.org
Fred A. Wilson Title: City Manager X
Administration
2000 Main Street
Huntington Beach, CA 92648
Phone: 7145368465
Fax:
Email: Fred.Wilson@surfcity-hb.org
Dave Dominguez Title: Facilities Development and Concession Ma X
Community Services
2000 Main Street
Huntington Beach, CA 92648
Phone: 7143745309
Fax:
Email: ddominguez@surfcity-hb.org
Budget
Category Name Amount
Materials $ 10,840.00
Site Information
Edwards Street Tot Lot
6570 Inlet Drive
Huntington Beach, CA 92648
Site Type: Recreation
County: Orange
Budget Amount: 5420.0000
Bluff Top Beach Park
913 Pacific Coast Highway
Huntington Beach, CA 92648
Site Type: Recreation
County: Orange
Budget Amount: 5420.0000
Applicant/Participant
Name:City of Huntington Beach Lead:X
Federal Tax ID:Jurisdiction:Huntington Beach
County:Orange
Documents Document Title Received Date
Required
Application Certification Application Certification 10/13/2016
Tire-Derived Certification Tire Derived Certificate 10/13/2016
Tire-Derived Certification Tire Derived Product Central Park 10/13/2016
Page: 1 Of 2
Grants System
Application
Generated By: Noel Davis Generated On: 12/1/2016
HB -235-Item 12. - 28
Resolution
Check the following, as applicable. See Application Guidelines and Instructions for more information and examples.
X Applicant acknowledges that a Resolution is uploaded in the application. The Resolution must be approved by its governing body, which
authorizes submittal of the application and designates a signature authority. If applicable, applicant has uploaded a Letter of Designation
(LOD) designating an additional signature authority(ies).
EPPP
Does your organization have an Environmentally Preferable Purchasing and Practices (EPPP) Policy?
X Yes, our organization has an EPPP Policy. Organization refers to a company, business, or the entire city or county applicant, not an individual
office or sub-unit of the larger entity.
Program Questions
California Labor Code section 1782 prohibits a charter city from receiving state funding or financial assistance for construction projects if that charter
city does not comply with Labor Code sections 1770-1782. If any applicants or participating jurisdictions are charter cities or joint powers authorities
that include charter cities, the lead applicant must certify that Labor Code section 1782 does not prohibit any included charter city from receiving state
funds for the project described in this application. If it is determined after award that a participating jurisdiction is a charter city prohibited from
receiving state funds for this grant project, the grant will be terminated and any disbursed grant funds shall be returned to CalRecycle.
If any applicant or participating jurisdiction is a charter city or a joint powers authority that contains one or more charter cities, does Labor Code
section 1782 prohibit those charter cities from receiving state funding for the project described in this grant application? Check the following, as
applicable.
X No ±Applicant certifies that no charter cities included in this application are prohibited from receiving state funding for the project described in
this grant application.
Work Plan Work Plan 10/13/2016
Work Plan Revised Work Plan 10/28/2016
Required By Secondary Due Date
Resolution/Letter of Commitment Resolution to Apply for Grants 10/11/2016
Other Supporting Document(s)
EPPP Notification EPPP Policy 10/11/2016
Letter of Commitment
Letter of Designation
Page: 2 Of 2
Grants System
Application
Generated By: Noel Davis Generated On: 12/1/2016
HB -236-Item 12. - 29
HB -237-Item 12. - 30
October 11, 2016
Department of Resources, Recycling and Recovery
1001 L Street – P.O. Box 4025
Sacramento, Ca 95812 - 4025
Re: Grant
It is our understanding that the City of Huntington Beach has applied for a grant to provide rubberized
surfacing for an upcoming all – inclusive beach playground project. The Rotary Club of Huntington
Beach is partnering with the City on fundraising for this project and is in full support of this project.
The mission of Rotary is to provide service to others, promote integrity, and advance world
understanding, goodwill ,and peace through its friendships of business, professional, and community
leaders. We are a 501(c)(3) non-profit organization consisting of volunteers from our community. Our
members believe that a commitment to "Service Above Self" can change the world.
The all – inclusive playground would be a major improvement to the beach, and will provide much
needed opportunities for children of all abilities to learn, grow, and play. Because the beachfront does
not currently have an accessible playground, the beach experience is not ideal for many members of the
community who have various abilities. It is our understanding that the funds will be utilized to create
fully accessible surfacing for the playground allowing access by all. We fully support this endeavor on
behalf of the City of Huntington Beach.
In closing, I would like to reiterate the support from the Rotary Club of Huntington Beach for this
project.
Sincerely,
Dick Deaner
President
Rotary Club of Huntington Beach
HB -238-Item 12. - 31
Dept. ID FN 17-003 Page 1 of 2
Meeting Date: 1/17/2017
Statement of Issue:
The City Council is requested to approve the purchase of a replacement fire engine and ambulance
and to authorize the City Manager to enter into any and all documents necessary to finance the
purchase in order to enhance public safety and emergency response.
Financial Impact:
Funding for the replacement of both a fire engine and ambulance was included in the Equipment
Replacement budget in the FY 2016/17 Adopted Budget. Specifically, the General Fund Adopted
Budget includes $200,000 for the estimated annual debt service payments for a potential lease
financing arrangement to acquire both the fire engine and ambulance. This funding level was
based on interest rates at the time the FY 2016/17 budget was being developed. Interest rates
fluctuate on a daily basis and final lease financing rates and costs will be determined prior to the
close of escrow. Based on current interest rates, the estimated annual debt service payment is
$161,000. Staff recommends the lease purchase of a fire engine, ambulance and all related
equipment totaling $1,126,550 through a seven-year lease purchase agreement.
Recommended Action:
Approve the purchase of a replacement fire engine and ambulance and authorize the City Manager
to enter into all documents necessary to lease finance the purchase.
Alternative Action(s):
Do not approve these purchases and/or the lease financing agreement and direct staff accordingly.
Analysis:
The proposed purchase will replace a 16-year old fire engine with 95,000 in mileage. This engine
requires frequent repairs and has become more difficult to keep maintained and in service. The
reliability of this apparatus is critical because of its use in providing emergency responses, including
fire suppression, hazardous materials, rescue and medical responses.
Section 6 of City Budget Resolution 2016-58 requires that the acquisition of any capital items which
exceed $500,000 be approved by the City Council. The value of the proposed replacement fire
engine of $720,300 exceeds this amount, hence, requires City Council approval.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer
David A. Segura, Fire Chief
SUBJECT: Approve the purchase of a replacement fire engine and ambulance and
authorize the City Manager to enter into all documents necessary to lease
finance the purchase
HB -239-Item 13. - 1
Dept. ID FN 17-003 Page 2 of 2
Meeting Date: 1/17/2017
In addition, the ambulance proposed for replacement is 12-years old with 255,000 in mileage. The
City’s ambulances perform over 10,000 emergency medical transports annually. Due to this large
number of transports, wear and tear on the vehicle, which naturally and inevitably occurs, has
increased and the reliability of the vehicle is reduced.
City Council approval is also requested for the City Manager, or his designee, to enter into any and
all documents necessary to finance the purchase of the fire engine, ambulance, and all related
equipment. The City’s existing Master Lease Agreement would need to be amended to include the
lease-purchase of these two critical pieces of public safety equipment at an estimated cost of
$1,126,550. Based on a 2.2 percent interest rate, the annual debt service payments would equal
$161,000 over a seven-year period.
The purchase of a replacement fire engine and ambulance are necessary to continue to provide
reliable emergency services to the residents of Huntington Beach. As the FY 2016/17 Adopted
Budget contains funding for the lease financing of this equipment, staff recommends proceeding
with the replacement of the fire engine and ambulance as soon as possible to ensure public safety.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and Maintain Public Safety.
Attachment(s):
1. Term Sheet
2. Amortization Schedule
3. Master Lease Purchase Agreement
4. Lease Schedule
5. Certificate of Incumbency
6. Opinion of Counsel
HB -240-Item 13. - 2
City of Huntington Beach
Tax-Exempt Non-Bank Qualified Municipal Lease Purchase
Summary of Terms and Conditions
January 4, 2017
This document is for discussion purposes only and is contingent upon the Lessee’s compliance with
the requirements of the Internal Revenue Code of 1986 (“Code”), as amended, and all applicable state
laws related to Lessee’s ability to enter into a tax-exempt lease-purchase financing for the intended
purposes. The final terms and conditions are subject to credit approval and may be different from the
terms and conditions outlined below.
TRANSACTION SUMMARY
Lessee: City of Huntington Beach (“City” or the “Lessee”).
Lessor: JPMorgan Chase Bank, N.A. or any affiliate of JPMorgan Chase Bank, N.A., its
successors and/or assigns (“JPMorgan Chase” or the “Lessor”).
Transaction: Fixed-rate, fully amortizing, tax-exempt lease-purchase agreement
(“Agreement”). The master lease purchase agreement allowing for schedules will
be valid for three years.
Use of Proceeds: To finance the acquisition of a Fire Engine and Ambulance, the legal title of which
will vest with Lessee during the term of the Agreement. All equipment proposed
for financing will be subject to final review and acceptance by Lessor prior to
closing.
Financing Amount: $1,035,000
Bank Qualified: This proposal assumes that Lessee will not issue more than $10 million in tax-
exempt obligations this calendar year and that the Lessee will designate this
lease as a “qualified” tax-exempt obligation.
Commencement Date: Anticipated to be January 30, 2017 or mutually agreeable date
TRANSACTION DETAILS
Financing Term Options: Seven (7) Years
Payment / Frequency: Equal annual payments of principal and interest in arrears.
Equipment Finance
560 Mission Street
San Francisco, CA 94105
rebecca.a.lowe@jpmorgan.com
Rebecca Lowe
Executive Director
HB -241-Item 13. - 3
Interest Rate:
Term
IR Swap
Spread
Interest Rate
7 Years 4-Yr 1.845% 0.9838% 2.165%
Adjustment to Rate: The Interest Rates and Payments quoted herein are based on current market rates
as indicated by the applicable Interest Rate Swap (“Index Rate”), which are
shown as of 1/4/17. For every change in the Index Rate, an adjustment will be
made to the Interest Rate and Payment in order to maintain Lessor’s economics.
The final Interest Rate and Payment will be agreed to 5 days prior to closing.
The index formula below is valid for the initial 1 year draw period (through
8/9/17) and will be reset on each year anniversary.
Rate Calculation: (IR Swap x 64.03%) + Spread = All-In Rate
7 year Example: 4-Year Swap = (1.845% x 64.03%) + 0.9838% = 2.165%
Lessor reserves the right to adjust the pricing proposed in order to maintain
Lessor’s anticipated economic return as a result of material adverse change.
Prepayment: The Financing may be prepaid without penalty, in whole but not in part, prior to
maturity, on any payment date after the initial 12 months from Commencement,
subject to 30 days prior written notice. If Lessee prepays the financing prior to
the 12th month from Commencement, the payment may be subject to a fixed
rate / “make whole” break funding charge.
Disbursement of Proceeds
Options:
The transaction will fund via an initial escrow deposit, to a mutually agreeable
escrow agent, equal to the full Financing Amount. Disbursements will be made to
vendors or as reimbursements to Lessee (in compliance with Treasury Reg. 1.150-
2) as funds are required.
Security: Lessee will grant Lessor a first priority security interest in the financed
equipment. UCC I and UCCII filings will be completed as applicable.
Appropriation: This Agreement shall be subject to annual appropriation, with documentation
within the Agreement requiring appropriation for payment of all lease schedules
or none at all. Appropriation for partial payment or for select assets within a
schedule will not be permitted.
OTHER TERMS
Documentation: The terms of this financing will be evidenced by agreements, instruments and
documents (“Lease Documents”) usual and customary for a Tax-Exempt Lease
Purchase. The Lease Documents must be acceptable to Lessor and its counsel.
Lessor or its counsel shall prepare documentation. Lessee shall be responsible for
its own expenses related to review of the lease documents and delivery of opinion
of counsel.
Reporting Requirements: Lessee shall deliver audited annual financial statements within 180 days of end of
each fiscal year.
Conditions
Precedent:
Usual and customary conditions to issuance of the financing including acceptable
legal documentation which will include an opinion of counsel that the financing is
valid, binding and enforceable.
Representations Usual representations and warranties for like situated Lessees and the Facility’s
HB -242-Item 13. - 4
and Warranties: type and tenor, including, without limitation, absence of material adverse
change, absence of material litigation, absence of default or potential default
and continued accuracy of representations.
Maintenance & Insurance: All maintenance and insurance are the responsibility of Lessee. Lessee shall bear
all risk of loss or damage of the Equipment and will be responsible for keeping the
Equipment insured with companies satisfactory to Lessor. Lessor, its parent
and/or affiliates, its successors and assigns must be named as loss payee and
additional insured as applicable, on all insurance policies. Evidence of such
insurance must be satisfactory to Lessor.
Judicial Reference: The Lessee hereby consents to the adjudication of any and all claims pursuant to
Judicial Reference as provided in California Code of Civil Procedure Section 638,
and the judicial referee shall be empowered to hear and determine any and all
issues in such Reference whether fact or law.
Governing Law: All aspects of the credit(s) being discussed including this Term Sheet and any
Lease Documents would be governed by the laws of the State of California.
Proposal Only: This proposal is not a commitment to undertake this financing. A commitment
can be issued only after full credit an economic review and subsequent approval
by the appropriate officers of JPMorgan Chase Bank, N.A., any affiliate,
successors and/or assigns. A commitment shall not be binding on Lessor unless it
is signed by Lessor and accepted by Lessee. Lessor will have the sole right of
assignability of this proposal or any lease between Lessor and Lessee.
Proposal Expiration: This proposal will expire if acceptance does not occur by January 30, 2017 (unless
extended in writing by Lessor).
Confidentiality Statement: J.P. Morgan confirms that it will not use confidential information obtained from
you by virtue of the potential transaction contemplated by this proposal or our
other relationships with you in connection with the performance by J.P. Morgan
of such services for other companies. You also acknowledge that J.P. Morgan will
not use in connection with the potential transaction contemplated by this
preliminary proposal, or furnish to you, confidential information obtained from
other companies.
Municipal Advisor Disclosures and Disclaimers: The Lessee acknowledges and
agrees that (i) the transaction contemplated herein is an arm’s length commercial
transaction between the Lessee and the Bank, (ii) in connection with such
transaction, the Bank is acting solely as a principal and not as an advisor
including, without limitation, a “Municipal Advisor” as such term is defined in
Section 15B of the Securities and Exchange Act of 1934, as amended, and the
related final rules (the "Municipal Advisor Rules"), agent or a fiduciary of the
Lessee, (iii) the Bank is relying on the Bank exemption in the Municipal Advisor
Rules, (iv) the Bank has not provided any advice or assumed any advisory or
fiduciary responsibility in favor of the Lessee with respect to the transaction
contemplated hereby and the discussions, undertakings and procedures leading
thereto (whether or not the Bank, or any affiliate of the Bank, has provided other
services or advised, or is currently providing other services or advising the Lessee
on other matters), (v) the Bank has financial and other interests that differ from
those of the Borrower, and (vi) the Lessee has consulted with its own financial,
legal, accounting, tax, and other advisors, as applicable, to the extent it deemed
appropriate.
Please feel free to contact me if you have any questions, or would like to discuss this proposal in greater
detail. Upon receipt of the accepted proposal, we will promptly begin the approval process so that we
may be in a position to finalize this transaction with you. Thank you for allowing us to be of service!
HB -243-Item 13. - 5
L o a n A m o r t i z a t i o n
Average rate.....................................................2.165%
starting debt ending
date balance takedowns service interest principal balance
1/30/2017 - 1,035,000.00 - - - 1,035,000.00
1/30/2018 1,035,000.00 - 160,935.72 22,407.75 138,527.97 896,472.03
1/30/2019 896,472.03 - 160,935.72 19,408.62 141,527.10 754,944.92
1/30/2020 754,944.92 - 160,935.72 16,344.56 144,591.17 610,353.75
1/30/2021 610,353.75 - 160,935.72 13,214.16 147,721.57 462,632.19
1/30/2022 462,632.19 - 160,935.72 10,015.99 150,919.74 311,712.45
1/30/2023 311,712.45 - 160,935.72 6,748.57 154,187.15 157,525.30
1/30/2024 157,525.30 - 160,935.72 3,410.42 157,525.30 -
Total 1,035,000.00 1,126,550.07 91,550.07 1,035,000.00
HB -244-Item 13. - 6
starting debt ending
date balance takedowns service interest principal balance
1/30/2017 -$ 1,035,000.00$ -$ -$ -$ 1,035,000.00$
1/30/2018 1,035,000.00$ -$ 160,935.72$ 22,407.75$ 138,527.97$ 896,472.03$
1/30/2019 896,472.03$ -$ 160,935.72$ 19,408.62$ 141,527.10$ 754,944.92$
1/30/2020 754,944.92$ -$ 160,935.72$ 16,344.56$ 144,591.17$ 610,353.75$
1/30/2021 610,353.75$ -$ 160,935.72$ 13,214.16$ 147,721.57$ 462,632.19$
1/30/2022 462,632.19$ -$ 160,935.72$ 10,015.99$ 150,919.74$ 311,712.45$
1/30/2023 311,712.45$ -$ 160,935.72$ 6,748.57$ 154,187.15$ 157,525.30$
1/30/2024 157,525.30$ -$ 160,935.72$ 3,410.42$ 157,525.30$ -$
Total 1,035,000.00$ 1,126,550.07$ 91,550.07$ 1,035,000.00$
S a m p l e L o a n A m o r t i z a t i o n
Current Interest Rate.....................................................2.165%
HB -245-Item 13. - 7
CHASE 0
MASTER LEASE-PURCHASE AGREEMENT
Dated As of: FEBRUARY 5, 2016
Lessee: CITY OF HUNTINGTON BEACH
This Master Lease-Purchase Agreement together with all addenda, riders and attachments hereto, as the same may from time to time
be amended, modified or supplemented ("Master Lease") is made and entered by and between JPMORGAN CHASE BANK, N.A.
("Lessor") and the lessee identified above ("Lessee").
1. LEASE OF EQUIPMENT. Subject to the terms and conditions of this Master Lease, Lessor agrees to lease to Lessee, and Lessee
agrees to lease from Lessor, all Equipment described in each Schedule signed from time to time by Lessee and Lessor.
2. CERTAIN DEFINITIONS. All terms defined in the Lease are equally applicable to both the singular and plural form of such
terms. (a) "Schedule" means each Lease Schedule signed and delivered by Lessee and Lessor, together with all addenda, riders,
attachments, certificates and exhibits thereto, as the same may from time to time be amended, modified or supplemented. Lessee and
Lessor agree that each Schedule (except as expressly provided in said Schedule) incorporates by reference all of the terms and
conditions of the Master Lease. (b) "Lease" means any one Schedule and this Master Lease as incorporated into said Schedule. (c)
"Equipment" means the property described in each Schedule, together with all attachments, additions, accessions, parts, repairs,
improvements, replacements and substitutions thereto. (d) "Lien" means any security interest, lien, mortgage, pledge, encumbrance,
judgment, execution, attachment, warrant, writ, levy, other judicial process or claim of any nature whatsoever by or of any person.
3. LEASE TERM. The term of the lease of the Equipment described in each Lease (Lease Term") commences on the first date any
of such Equipment is accepted by Lessee pursuant to Section 5 hereof or on the date specified in the Schedule for such Lease and,
unless earlier terminated as expressly provided in the Lease, continues until Lessee's payment and performance in full of all of
Lessee's obligations under the Lease.
4. RENT PAYMENTS.
4.1 For each Lease, Lessee agrees to pay to Lessor the rent payments in the amounts and at the times as set forth in the
Payment Schedule attached to the Schedule ("Rent Payments"). A portion of each Rent Payment is paid as and represents the payment
of interest as set forth in the Payment Schedule. Lessee acknowledges that its obligation to pay Rent Payments including interest
therein accrues as of the Accrual Date stated in the Schedule or its Payment Schedule; provided, that no Rent Payment is due until
Lessee accepts the Equipment under the Lease or the parties execute an escrow agreement. Rent Payments will be payable for the
Lease Term in U.S. dollars, without notice or demand at the office of Lessor (or such other place as Lessor may designate from time to
time in writing).
4.2 If Lessor receives any payment from Lessee later than ten (10) days from the due date, Lessee shall pay Lessor on
demand as a late charge five per cent (5%) of such overdue amount, limited, however, to the maximum amount allowed by law.
4.3 EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 6, THE OBLIGATION TO PAY RENT PAYMENTS
UNDER EACH LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND SHALL NOT BE SUBJECT
TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOLTPMENT FOR ANY REASON WHATSOEVER.
5. DELIVERY; ACCEPTANCE; FUNDING CONDITIONS.
5.1 Lessee shall arrange for the transportation, delivery and installation of all Equipment to the location specified in the
Schedule ("Location") by Equipment suppliers ("Suppliers") selected by Lessee. Lessee shall pay all costs related thereto.
5.2 Lessee shall accept Equipment as soon as it has been delivered and is operational. Lessee shall evidence its acceptance of
any Equipment by signing and delivering to Lessor the applicable Schedule. If Lessee signs and delivers a Schedule and if all Funding
Conditions have been satisfied in full, then Lessor will pay or cause to be paid the costs of such Equipment as stated in the Schedule
("Purchase Price") to the applicable Supplier.
Page 1 of 7
HB -246-Item 13. - 8
5.3 Lessor shall have no obligation to pay any Purchase Price unless all reasonable conditions established by Lessor
("Funding Conditions") have been satisfied, including, without limitation, the following: (a) Lessee has signed and delivered the
Schedule and its Payment Schedule; (b) no Event of Default shall have occurred and be continuing; (c) no material adverse change
shall have occurred in the Internal Revenue Code of 1986, as amended, and the related regulations and rulings thereunder
(collectively, the "Code"); (d) no material adverse change shall have occurred in the financial condition of Lessee or any Supplier; (e)
the Equipment is reasonably satisfactory to Lessor and is free and clear of any Liens (except Lessor's Liens); (f) all representations of
Lessee in the Lease remain true, accurate and complete; and (g) Lessor has received all of the following documents, which shall be
reasonably satisfactory, in form and substance, to Lessor: (1) evidence of insurance coverage required by the Lease; (2) an opinion of
Lessees counsel; (3) reasonably detailed invoices for the Equipment; (4) Uniform Commercial Code (UCC) financing statements; (5)
copies of resolutions by Lessee's governing body authorizing the Lease and incumbency certificates for the person(s) who will sign the
Lease; (6) such documents and certificates relating to the tax-exempt interest payable under the Lease (including, without limitation,
IRS Form 80380 or 8038GC) as Lessor may request; and (7) such other documents and information previously identified by Lessor or
otherwise reasonably requested by Lessor.
6. TERMINATION FOR GOVERNMENTAL NON-APPROPRIATIONS.
6.1 For each Lease, Lessee represents and warrants: that it has appropriated and budgeted the necessary funds to make all
Rent Payments required pursuant to such Lease for the remainder of the fiscal year in which the Lease Term commences; and that it
currently intends to make Rent Payments for the full Lease Term as scheduled in the applicable Payment Schedule if funds are
appropriated for the Rent Payments in each succeeding fiscal year by its governing body. Without contractually committing itself to
do so, Lessee reasonably believes that moneys in an amount sufficient to make all Rent Payments can and will lawfully be
appropriated therefor. Lessee directs the person in charge of its budget requests to include the Rent Payments payable during each
fiscal year in the budget request presented to Lessees governing body for such fiscal year; provided, that Lessees governing body
retains authority to approve or reject any such budget request. All Rent Payments shall be payable out of the general funds of Lessee
or out of other funds legally appropriated therefor. Lessor agrees that no Lease will be a general obligation of Lessee and no Lease
shall constitute a pledge of either the full faith and credit of Lessee or the taxing power of Lessee.
6.2 If Lessee's governing body fails to appropriate sufficient funds in any fiscal year for Rent Payments or other payments
due under a Lease and if other funds are not legally appropriated for such payments, then a "Non-Appropriation Event" shall be
deemed to have occurred. If a Non-Appropriation Event occurs, then: (a) Lessee shall give Lessor immediate notice of such Non-
Appropriation Event and provide written evidence of such failure by Lessee's governing body; (b) on the Return Date, Lessee shall
return to Lessor all, but not less than all, of the Equipment covered by the affected Lease, at Lessee's sole expense, in accordance with
Section 21 hereof; and (c) the affected Lease shall terminate on the Return Date without penalty to Lessee, provided, that Lessee shall
pay all Rent Payments and other amounts payable under the affected Lease for which funds have been appropriated, provided further,
that Lessee shall pay month-to-month rent at the rate set forth in the affected Lease for each month or part thereof that Lessee fails to
return the Equipment under this Section 6.2. "Return Date" means the last day of the fiscal year for which appropriations were made
for the Rent Payments due under a Lease.
7. LIMITATION ON WARRANTIES. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EXPRESS OR
IMPLIED, AS TO ANY MATTER WHATSOEVER, INCLUDING, WITHOUT LIMITATION, AS TO THE
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY OF THE EQUIPMENT OR AS TO
THE VALUE, DESIGN, CONDITION, USE, CAPACITY OR DURABILITY OF ANY OF THE EQUIPMENT. For and
during the Lease Term, Lessor hereby assigns to Lessee any manufacturer's or Supplier's product warranties, express or implied,
applicable to any Equipment and Lessor authorizes Lessee to obtain the customary services furnished in connection with such
warranties at Lessee's sole expense. Lessee agrees that (a) all Equipment will have been purchased by Lessor in accordance with
Lessee's specifications from Suppliers selected by Lessee, (b) Lessor is not a manufacturer or dealer of any Equipment and has no
liability for the delivery or installation of any Equipment, (c) Lessor assumes no obligation with respect to any manufacturer's or
Supplier's product warranties or guaranties, (d) no manufacturer or Supplier or any representative of said parties is an agent of Lessor,
and (e) any warranty, representation, guaranty or agreement made by any manufacturer or Supplier or any representative of said
parties shall not be binding upon Lessor.
8. TITLE; SECURITY INTEREST.
8.1 Upon Lessee's acceptance of any Equipment under a Lease, title to the Equipment shall vest in Lessee, subject to Lessor's
security interest therein and all of Lessor's other rights under such Lease including, without limitation, Sections 6, 20 and 21 hereof.
8.2 As collateral security for the Secured Obligations, Lessee hereby grants to Lessor a first priority security interest in any
and all of the Equipment (now existing or hereafter acquired) and any and all proceeds thereof. Lessee agrees to execute and deliver to
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HB -247-Item 13. - 9
Lessor all necessary documents to evidence and perfect such security interest, including, without limitation, UCC financing statements
and any amendments thereto.
8.3 "Secured Obligations" means Lessee's obligations to pay all Rent Payments and all other amounts due and payable under
all present and future Leases and to perform and observe all covenants, agreements and conditions (direct or indirect, absolute or
contingent, due or to become due, or existing or hereafter arising) of Lessee under all present and future Leases.
9. PERSONAL PROPERTY. All Equipment is and will remain personal property and will not be deemed to be affixed or attached to
real estate or any building thereon.
10. MAINTENANCE AND OPERATION. Lessee agrees it shall, at its sole expense: (a) repair and maintain all Equipment in good
condition and working order and supply and install all replacement parts or other devices when required to so maintain the Equipment
or when required by applicable law or regulation, which parts or devices shall automatically become part of the Equipment; and (b)
use and operate all Equipment in a careful manner in the normal course of its operations and only for the purposes for which it was
designed in accordance with the manufacturer's warranty requirements; and (c) comply with all laws and regulations relating to the
Equipment. If any Equipment is customarily covered by a maintenance agreement, Lessee will furnish Lessor with a maintenance
agreement by a party reasonably satisfactory to Lessor. No maintenance or other service for any Equipment will be provided by
Lessor. Lessee will not make any alterations, additions or improvements ("Improvements") to any Equipment without Lessor's prior
written consent unless the Improvements may be readily removed without damage to the operation, value or utility of such Equipment,
but any such Improvements not removed prior to the termination of the applicable Lease shall automatically become part of the
Equipment.
11. LOCATION; INSPECTION. Equipment will not be removed from, or if Equipment is rolling stock its permanent base will not
be changed from, the Location without Lessor's prior written consent which will not be unreasonably withheld. Upon reasonable
notice to Lessee, Lessor may enter the Location or elsewhere during normal business hours to inspect the Equipment.
12. LIENS, SUBLEASES AND TAXES.
12.1 Lessee shall keep all Equipment free and clear of all Liens except those Liens created under its Lease. Lessee shall not
sublet or lend any Equipment or permit it to be used by anyone other than Lessee or Lessee's employees.
12.2 Lessee shall pay when due all Taxes which may now or hereafter be imposed upon any Equipment or its ownership,
lease, rental, sale, purchase, possession or use, upon any Lease or upon any Rent Payments or any other payments due under any
Lease. If Lessee fails to pay such Taxes when due, Lessor shall have the right, but not the obligation, to pay such Taxes. If Lessor pays
any such Taxes, then Lessee shall, upon demand, immediately reimburse Lessor therefor. "Taxes" means present and future taxes,
levies, duties, assessments or other governmental charges that are not based on the net income of Lessor, whether they are assessed to
or payable by Lessee or Lessor, including, without limitation (a) sales, use, excise, licensing, registration, titling, gross receipts, stamp
and personal property taxes, and (b) interest, penalties or fines on any of the foregoing.
13. RISK OF LOSS.
13.1 Lessee bears the entire risk of loss, theft, damage or destruction of any Equipment in whole or in part from any reason
whatsoever ("Casualty Loss"). No Casualty Loss to any Equipment shall relieve Lessee from the obligation to make any Rent
Payments or to perform any other obligation under any Lease. Proceeds of any insurance recovery will be applied to Lessee's
obligations under this Section 13.
13.2 If a Casualty Loss occurs to any Equipment, Lessee shall immediately notify Lessor of the same and Lessee shall, unless
otherwise directed by Lessor, immediately repair the same.
13.3 If Lessor determines that any item of Equipment has suffered a Casualty Loss beyond repair ("Lost Equipment"), then
Lessee shall either: (a) immediately replace the Lost Equipment with similar equipment in good repair, condition and working order
free and clear of any Liens (except Lessor's Liens), in which event such replacement equipment shall automatically be Equipment
under the applicable Lease, and deliver to Lessor true and complete copies of the invoice or bill of sale covering the replacement
equipment; or (b) on earlier of 60 days after the Casualty Loss or the next scheduled Rent Payment date (the "Loss Payment Due
Date"), pay Lessor (i) all amounts owed by Lessee under the applicable Lease, including the Rent Payments due on or accrued through
such date plus (ii) an amount equal to the Termination Value as of the Rent Payment date (or if the Casualty Loss payment is due
between Rent Payment dates, then as of the Rent Payment date preceding the date that the Casualty Loss payment is due) set forth in
the Payment Schedule to the applicable Lease plus (iii) a Break Funding Charge. If Lessee is making such payment with respect to
less than all of the Equipment under a Lease, then Lessor will provide Lessee with the pro rata amount of the Rent Payment and
Termination Value to be paid by Lessee with respect to the Lost Equipment and a revised Payment Schedule. "Break Funding Charge"
Page 3 of 7
HB -248-Item 13. - 10
means the sum of the differences between (i) each scheduled interest payment which would have been made on the Termination Value
if such Casualty Loss payment had not occurred and (ii) the corresponding fixed-rate interest payment which would be received under
an interest rate swap which the Lender shall be deemed to have entered into as of the Loss Payment Due Date (the "Replacement
Swap") covering its payment obligations under an interest rate swap which the Lessor shall be deemed to have entered into when the
Lease was originally funded, with each such difference discounted to a present value as of the date of payment using the fixed interest
rate of the Replacement Swap as the applicable discount rate; the Lessee acknowledges that the Lessor might not fund or hedge its
fixed-rate loan portfolio or any prepayment thereof on a loan-by-loan basis at all times, and agrees that the foregoing is a reasonable
and appropriate method of calculating liquidated damages for any prepayment irrespective of whether any of the foregoing hedging
transactions have in fact occurred or occurred precisely as stated with respect to the Lease; all calculations and determinations by the
Lessor of the amounts payable pursuant to the preceding provisions or of any element thereof, if made in accordance with its then
standard procedures for so calculating or determining such amounts, shall be conclusive absent manifest arithmetic error.
13.4 Lessee shall bear the risk of loss for, shall pay directly, and shall defend Lessor against any and all claims, liabilities,
proceedings, actions, expenses (including reasonable attorney's fees), damages or losses arising under or related to any Equipment,
including, but not limited to, the possession, ownership, lease, use or operation thereof. These obligations of Lessee shall survive any
expiration or termination of any Lease. Lessee shall not bear the risk of loss of, nor pay for, any claims, liabilities, proceedings,
actions, expenses (including attorney's fees), damages or losses which arise directly from events occurring after any Equipment has
been returned by Lessee to Lessor in accordance with the terms of the applicable Lease or which arise directly from the gross
negligence or willful misconduct of Lessor.
14. INSURANCE.
14.1 (a) Lessee at its sole expense shall at all times keep all Equipment insured against all Casualty Losses for an amount not
less than the Termination Value of the Equipment. Proceeds of any such insurance covering damage or loss of any Equipment shall be
payable to Lessor as lender loss payee. (b) Lessee at its sole expense shall at all times carry public liability and third party property
damage insurance in amounts reasonably satisfactory to Lessor protecting Lessee and Lessor from liabilities for injuries to persons and
damage to property of others relating in any way to any Equipment. Proceeds of any such public liability or property insurance shall
be payable first to Lessor as additional insured to the extent of its liability, and then to Lessee.
14.2 All insurers shall be reasonably satisfactory to Lessor. Lessee shall promptly deliver to Lessor satisfactory evidence of
required insurance coverage and all renewals and replacements thereof. Each insurance policy will require that the insurer give Lessor
at least 30 days prior written notice of any cancellation of such policy and will require that Lessor's interests remain insured regardless
of any act, error, misrepresentation, omission or neglect of Lessee. The insurance maintained by Lessee shall be primary without any
right of contribution from insurance which may be maintained by Lessor.
15. NO PREPAYMENT. Lessee shall not be permitted to prepay the Rent Payments or any other obligation under a Lease in whole
or in part.
16. LESSEE'S REPRESENTATIONS AND WARRANTIES. With respect to each Lease and its Equipment, Lessee hereby
represents and warrants to Lessor that: (a) Lessee has full power, authority and legal right to execute and deliver the Lease and to
perform its obligations under the Lease, and all such actions have been duly authorized by appropriate findings and actions of Lessee's
governing body; (b) the Lease has been duly executed and delivered by Lessee and constitutes a legal, valid and binding obligation of
Lessee, enforceable in accordance with its terms; (c) the Lease is authorized under, and the authorization, execution and delivery of
the Lease complies with, all applicable federal, state and local laws and regulations (including, but not limited to, all open meeting,
public bidding and property acquisition laws) and all applicable judgments and court orders; (d) the execution, delivery and
performance by Lessee of its obligations under the Lease will not result in a breach or violation of, nor constitute a default under, any
agreement, lease or other instrument to which Lessee is a party or by which Lessee's properties may be bound or affected; (e) there is
no pending, or to the best of Lessee's knowledge threatened, litigation of any nature which may have a material adverse effect on
Lessee's ability to perform its obligations under the Lease; and (f) Lessee is a state, or a political subdivision thereof, as referred to in
Section 103 of the Code, and Lessee's obligation under the Lease constitutes an enforceable obligation issued on behalf of a state or a
political subdivision thereof.
17. TAX COVENANTS.
17.1 Lessee hereby covenants and agrees that: (a) Lessee shall comply with all of the requirements of Section 149(a) and
Section 149(e) of the Code, as the same may be amended from time to time, and such compliance shall include, but not be limited to,
executing and filing Internal Revenue Form 8038G or 8038GC, as the case may be, and any other information statements reasonably
requested by Lessor; (b) Lessee shall not do (or cause to be done) any act which will cause, or by omission of any act allow, any Lease
to be an "arbitrage bond" within the meaning of Section 148(a) of the Code or any Lease to be a "private activity bond" within the
meaning of Section 141(a) of the Code; and (c) Lessee shall not do (or cause to be done) any act which will cause, or by omission of
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HB -249-Item 13. - 11
any act allow, the interest portion of any Rent Payments to be or become includable in gross income for Federal income taxation
purposes under the Code.
17.2 Upon the occurrence of an Event of Taxability, the interest portion of any Rent Payment shall be at the Taxable Rate
retroactive to the date of occurrence of the Event of Taxability, and Lessee shall pay such additional amount as will result in Lessor
receiving the interest portion of the Taxable Rate identified in the Payment Schedule. For purposes of this section, "Event of
Taxability" means a determination that the interest portion of Rent Payments is included for federal income tax purposes in the gross
income of the Lessor due to Lessee's action or failure to take action, including breach of covenants set forth in section 17.1 hereof.
An Event of Taxability shall occur upon the earliest of: (1) the happening of any event which may cause such Event of Taxability, or
(2) Lessor's payment to the applicable taxing authority of the tax increase resulting from such Event of Taxability, or (3) the
adjustment of Lessor's tax return to reflect such Event of Taxability, or (4) the date as of which the interest portion of the Rent
Payments is determined by the Internal revenue Service to be includable in the gross income of the Lessor for federal income tax
purposes.
18. ASSIGNMENT.
18.1 Lessee shall not assign, transfer, pledge, hypothecate, nor grant any Lien on, nor otherwise dispose of, any Lease or any
Equipment or any interest in any Lease or Equipment.
18.2 Lessor may assign its rights, title and interest in and to any Lease or any Equipment, and/or may grant or assign a
security interest in any Lease and its Equipment, in whole or in part, to any party at any time. Any such assignee or lienhoIder (an
"Assignee") shall have all of the rights of Lessor under the applicable Lease. LESSEE AGREES NOT TO ASSERT AGAINST
ANY ASSIGNEE ANY CLAIMS, ABATEMENTS, SETOFFS, COUNTERCLAIMS, RECOUPMENT OR ANY OTHER
SIMILAR DEFENSES WHICH LESSEE MAY HAVE AGAINST LESSOR. Unless otherwise agreed by Lessee in writing, any
such assignment transaction shall not release Lessor from any of Lessor's obligations under the applicable Lease. An assignment or
reassignment of any of Lessor's right, title or interest in a Lease or its Equipment shall be enforceable against Lessee only after Lessee
receives a written notice of assignment which discloses the name and address of each such Assignee, provided, that such notice from
Lessor to Lessee of any assignment shall not be so required if Lessor assigns a Lease to JPMORGAN CHASE & CO. or any of its
direct or indirect subsidiaries. Lessee shall keep a complete and accurate record of all such assignments in the form necessary to
comply with Section 149(a) of the Code and for such purpose, Lessee hereby appoints Lessor (or Lessor's designee) as the book entry
and registration agent to keep a complete and accurate record of any and all assignments of any Lease. Lessee agrees to acknowledge
in writing any such assignments if so requested.
18.3 Each Assignee of a Lease hereby agrees that: (a) the term Secured Obligations as used in Section 8.3 hereof is hereby
amended to include and apply to all obligations of Lessee under the Assigned Leases and to exclude the obligations of Lessee under
any Non-Assigned Leases; (b) said Assignee shall have no Lien on, nor any claim to, nor any interest of any kind in, any Non-
Assigned Lease or any Equipment covered by any Non-Assigned Lease; and (c) Assignee shall exercise its rights, benefits and
remedies as the assignee of Lessor (including, without limitation, the remedies under Section 20 of the Master Lease) solely with
respect to the Assigned Leases. "Assigned Leases" means only those Leases which have been assigned to a single Assignee pursuant
to a written agreement; and "Non-Assigned Leases" means all Leases excluding the Assigned Leases.
18.4 Subject to the foregoing, each Lease inures to the benefit of and is binding upon the heirs, executors, administrators,
successors and assigns of the parties hereto.
19. EVENTS OF DEFAULT. For each Lease, "Event of Default" means the occurrence of any one or more of the following events
as they may relate to such Lease: (a) Lessee fails to make any Rent Payment (or any other payment) as it becomes due in accordance
with the terms of the Lease, and any such failure continues for ten (10) days after the due date thereof; (b) Lessee fails to perform or
observe any of its obligations under Sections 12.1, 14 or 18.1 hereof; (c) Lessee fails to perform or observe any other covenant,
condition or agreement to be performed or observed by it under the Lease and such failure is not cured within thirty (30) days after
receipt of written notice thereof by Lessor; (d) any statement, representation or warranty made by Lessee in the Lease or in any
writing delivered by Lessee pursuant thereto or in connection therewith proves at any time to have been false, misleading or erroneous
in any material respect as of the time when made; (e) Lessee applies for or consents to the appointment of a receiver, trustee,
conservator or liquidator of Lessee or of all or a substantial part of its assets, or a petition for relief is filed by Lessee under any federal
or state bankruptcy, insolvency or similar law, or a petition in a proceeding under any federal or state bankruptcy, insolvency or
similar law is filed against Lessee and is not dismissed within sixty (60) days thereafter; or (1) Lessee shall be in default under any
other Lease or under any other financing agreement executed at any time with Lessor.
20. REMEDIES. If any Event of Default occurs, then Lessor may, at its option, exercise any one or more of the following remedies:
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HB -250-Item 13. - 12
(a) Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all amounts then currently due under all Leases and
all remaining Rent Payments due under all Leases during the fiscal year in effect when the Event of Default occurs together with
interest on such amounts at the rate of twelve percent (12%) per annum (but not to exceed the highest rate permitted by applicable
law) from the date of Lessor's demand for such payment;
(b) Lessor may require Lessee to promptly return all Equipment under all or any of the Leases to Lessor in the manner set
forth in Section 21 (and Lessee agrees that it shall so return the Equipment), or Lessor may, at its option, enter upon the premises
where any Equipment is located and repossess any Equipment without demand or notice, without any court order or other process of
law and without liability for any damage occasioned by such repossession;
(c) Lessor may sell, lease or otherwise dispose of any Equipment under all or any of the Leases, in whole or in part, in one or
more public or private transactions, and if Lessor so disposes of any Equipment, then Lessor shall retain the entire proceeds of such
disposition free of any claims of Lessee, provided, that if the net proceeds of the disposition of all the Equipment exceeds the
applicable Termination Value of all the Schedules plus the amounts payable by Lessee under clause (a) above of this Section and
under clause (f) below of this Section, then such excess amount shall be remitted by Lessor to Lessee;
(d) Lessor may terminate, cancel or rescind any Lease as to any and all Equipment;
(e) Lessor may exercise any other right, remedy or privilege which may be available to Lessor under applicable law or, by
appropriate court action at law or in equity, Lessor may enforce any of Lessees obligations under any Lease; and/or
(0 Lessor may require Lessee to pay (and Lessee agrees that it shall pay) all out-of-pocket costs and expenses incurred by
Lessor as a result (directly or indirectly) of the Event of Default and/or of Lessor's actions under this section, including, without
limitation, any attorney fees and expenses and any costs related to the repossession, safekeeping, storage, repair, reconditioning or
disposition of any Equipment.
None of the above remedies is exclusive, but each is cumulative and in addition to any other remedy available to Lessor. Lessor's
exercise of one or more remedies shalt not preclude its exercise of any other remedy. No delay or failure on the part of Lessor to
exercise any remedy under any Lease shall operate as a waiver thereof, nor as an acquiescence in any default, nor shall any single or
partial exercise of any remedy preclude any other exercise thereof or the exercise of any other remedy.
21. RETURN OF EQUIPMENT. If Lessor is entitled under the provisions of any Lease, including any termination thereof pursuant
to Sections 6 or 20 of this Master Lease, to obtain possession of any Equipment or if Lessee is obligated at any time to return any
Equipment, then (a) title to the Equipment shall vest in Lessor immediately upon Lessor's notice thereof to Lessee, and (b) Lessee
shall, at its sole expense and risk, immediately de-install, disassemble, pack, crate, insure and return the Equipment to Lessor (all in
accordance with applicable industry standards) at any location in the continental United States selected by Lessor. Such Equipment
shall be in the same condition as when received by Lessee (reasonable wear, tear and depreciation resulting from normal and proper
use excepted), shall be in good operating order and maintenance as required by the applicable Lease, shall be free and clear of any
Liens (except Lessor's Lien) and shall comply with all applicable laws and regulations. Unfit Equipment is returned as required above,
all terms of the applicable Lease shall remain in full force and effect including, without limitation, obligations to pay Rent Payments
and to insure the Equipment. Lessee agrees to execute and deliver to Lessor all documents reasonably requested by Lessor to evidence
the transfer of legal and beneficial title to such Equipment to Lessor and to evidence the termination of Lessee's interest in such
Equipment.
22. LAW GOVERNING. Each Lease shall be governed by the laws of the state where Lessee is located (the "State").
23. NOTICES. Any notices and demands under or related to this document shall be in writing and delivered to the intended party at
its address stated herein (if to Lessor 1111 Polaris Parkway, Suite 3A — OH1-1085, Columbus, Ohio 43240-2050, to the attention of
the GNPH Operations Manager). Notice shall be deemed sufficiently given or made (a) upon receipt if delivered by hand, (b) on the
Delivery Day after the day of deposit with a nationally recognized courier service, (c) on the third Delivery Day after the day of
deposit in the United States mail, sent certified, postage prepaid with return receipt requested, and (d) only if to Lessee, on the third
Delivery Day after the notice is deposited in the United States mail, postage prepaid. "Delivery Day" means a day other than a
Saturday, a Sunday, or any other day on which national banking associations are authorized to be closed. Any party may change its
address for the purposes of the receipt of notices and demands by giving notice of such change in the manner provided in this
provision.
24. FINANCIAL INFORMATION. Lessee agrees to furnish to Lessor annual audited financial statements of Lessee within 180 days
of the end of each fiscal year of Lessee. Additionally, Lessee agrees to provide additional information as reasonably requested by
Lessor.
Page 6 of 7
HB -251-Item 13. - 13
CITY OF HUSWIGTON BEACH
(Lessee)
AA N-C,
By:
Title:
Michael Gates, City Attorney
25. SECTION HEADINGS. All section headings contained herein or in any Schedule are for convenience of reference only and do
not define or limit the scope of any provision of any Lease.
26. EXECUTION IN COUNTERPARTS. Each Schedule to this Master Lease may be executed in several counterparts, each of
which shall be deemed an original, but all of which shall be deemed one instrument. If more than one counterpart of each Schedule is
executed by Lessee and Lessor, then only one may be marked "Lessor's Original" by Lessor. A security interest in any Schedule may
be created through transfer and possession only of: the sole original of said Schedule if there is only one original; or the counterpart
marked "Lessor's Original" if there are multiple counterparts of said Schedule.
27, ENTIRE AGREEMENT; WRITTEN AMENDMENTS. Each Lease, together with the exhibits, schedules and addenda
attached thereto and made a part hereof and other attachments thereto constitute the entire agreement between the parties with respect
to the lease of the Equipment covered thereby, and such Lease shall not be modified, amended, altered, or changed except with the
written consent of Lessee and Lessor. Any provision of any Lease found to be prohibited by law shall be ineffective to the extent of
such prohibition without invalidating the remainder of the Lease.
28. WAIVER OF IMMUNITY. Lessee hereby expressly and irrevocably waives any immunity (including sovereign, crown or
similar immunity) and any defenses based thereon from any suit, action or proceeding or from any legal process (whether through
service of notice, attachment prior to judgment, attachment in aid of execution, execution, exercise of contempt powers, or otherwise)
in any forum with respect to this Master Lease, any Lease and the transactions contemplated hereby and thereby. Lessor shall have
and be entitled to all available legal and equitable remedies, including the right to specific performance, money damages, and
injunctive and declaratory relief.
JURY WAIVER: ALL PARTIES TO THIS MASTER LEASE WAIVE ALL RIGHTS TO TRIAL BY JURY IN ANY
ACTION, PROCEEDING OR COUNTERCLAIM BROUGHT BY ANY PARTY AGAINST ANY OTHER PARTY ON ANY
MATFER WHATSOEVER ARISING OUT OF, IN CONNECTION WITH OR IN ANY WAY RELATED TO THIS
MASTER LEASE AND ANY LEASE.
APPROVED AS TO FORM
JPMORGAN CHASE ANK, N.A.
(Lessor)
By:
Title:Authorized Officer
Page 7 of 7
HB -252-Item 13. - 14
151211-V1
Page 1 of 2
LEASE SCHEDULE
Dated as of: JANUARY 30, 2017
Lease No.: 1000142350
This Lease Schedule, together with its Payment Schedule, is attached and made a part of the Master Lease-Purchase Agreement
described below ("Master Lease") between the Lessee and Lessor named below. All terms and conditions of the Master Lease are
incorporated herein by reference. Unless otherwise defined herein, capitalized terms defined in the Master Lease will have the same
meaning when used herein.
Master Lease-Purchase Agreement dated February 5, 2016.
A. EQUIPMENT DESCRIBED: The Equipment includes all of the property described on Schedule A-1 attached hereto and made
a part hereof.
B. EQUIPMENT LOCATION: See Attached Schedule A-1
C. ACCEPTANCE OF EQUIPMENT: AS BETWEEN LESSEE AND LESSOR, LESSEE AGREES THAT: (a) LESSEE HAS
RECEIVED AND INSPECTED ALL EQUIPMENT; (b) ALL EQUIPMENT IS IN GOOD WORKING ORDER AND
COMPLIES WITH ALL PURCHASE ORDERS, CONTRACTS AND SPECIFICATIONS; (c) LESSEE ACCEPTS ALL
EQUIPMENT FOR PURPOSES OF THE LEASE "AS-IS, WHERE-IS"; AND (d) LESSEE WAIVES ANY RIGHT TO
REVOKE SUCH ACCEPTANCE.
D. ESSENTIAL USE; CURRENT INTENT OF LESSEE: Lessee represents and agrees that the use of the Equipment is essential
to Lessee's proper, efficient and economic functioning or to the services that Lessee provides to its citizens and the Equipment
will be used by Lessee only for the purpose of performing its governmental or proprietary functions consistent with the
permissible scope of its authority. Lessee currently intends for the full Lease Term: to use the Equipment; to continue this Lease;
and to make Rental Payments if funds are appropriated in each fiscal year by its governing body.
E. RENTAL PAYMENTS; LEASE TERM: The Rental Payments to be paid by Lessee to Lessor, the interest rate at which the
interest portion of the Rental Payments is calculated, the Taxable Rate, the commencement date and the Lease Term of this Lease
Schedule are each set forth on the Payment Schedule attached to this Lease Schedule.
F. RE-AFFIRMATION OF THE MASTER LEASE: Lessee hereby re-affirms all of its representations, warranties and
obligations under the Master Lease (including, without limitation, its obligation to pay all Rental Payments, its disclaimers in
Section 7 thereof and its representations in Sections 6.1 and 16 thereof).
G. GOVERNMENT REGULATION. ANTI-CORRUPTION.
(a) Representations and Warranties Regarding Anti-Corruption Laws and Sanctions. Lessee has implemented and
maintains in effect policies and procedures designed to ensure compliance by Lessee and its officers, employees and agents with
Anti-Corruption Laws and applicable Sanctions, and Lessee and its officers and employees and to the knowledge of Lessee its
agents, are in compliance with Anti-Corruption Laws and applicable Sanctions in all material respects. None of (a) Lessee or to
the knowledge of Lessee any of its respective officers or employees, or (b) to the knowledge of Lessee, any agent of Lessee that
will act in any capacity in connection with or benefit from the credit facility established hereby, is a Sanctioned Person. No
advance, letter of credit, use of proceeds or other transaction contemplated by this Lease will violate Anti-Corruption Laws or
applicable Sanctions.
(b) Compliance with Anti-Corruption Laws and Sanctions. Lessee shall maintain in effect and enforce policies and
procedures designed to ensure compliance by Lessee and its officers, employees and agents with Anti-Corruption Laws and
applicable Sanctions.
(c) Use of Proceeds. Lessee shall not use, or permit any proceeds of the Lease to be used, directly or indirectly, by Lessee or its
officers, employees and agents: (1) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving
of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws; (2) for the purpose of funding,
financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country; or
(3) in any manner that would result in the violation of any Sanctions applicable to any party hereto.
HB -253-Item 13. - 15
151211-V1
Page 2 of 2
(d) Definitions. For the purposes of this Section G, the following terms shall have the following meanings:
"Anti-Corruption Laws" means all laws, rules, and regulations of any jurisdiction applicable to the Lessee or its subsidiaries from
time to time concerning or relating to bribery or corruption. "Person" means any individual, corporation, partnership, limited
liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any
foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any
of the foregoing or any other form of entity. "Sanctions" means economic or financial sanctions or trade embargoes imposed,
administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Assets
Control of the U.S. Department of the Treasury or the U.S. Department of State. "Sanctioned Country" means, at any time, a
country, region or territory which is the subject or target of any Sanctions (as at the time of this Agreement, Crimea, Cuba, Iran,
North Korea, Sudan and Syria). "Sanctioned Person" means, at any time, (a) any Person listed in any Sanctions-related list of
designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S.
Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any
such Person.
H.BANK QUALIFIED: LESSEE CERTIFIES (a) THAT IT HAS DESIGNATED THIS LEASE AS A "QUALIFIED TAX-
EXEMPT OBLIGATION" FOR THE PURPOSES OF AND WITHIN THE MEANING OF SECTION 265(b)(3) OF THE
CODE, (b) THAT IT HAS NOT DESIGNATED MORE THAN $10,000,000 OF ITS OBLIGATIONS AS QUALIFIED TAX-
EXEMPT OBLIGATIONS IN ACCORDANCE WITH SECTION 265(b)(3) OF THE CODE FOR THE CURRENT
CALENDAR YEAR AND (c) THAT IT REASONABLY ANTICIPATES THAT THE TOTAL AMOUNT OF SECTION 265
TAX-EXEMPT OBLIGATIONS TO BE ISSUED DURING THE CURRENT CALENDAR YEAR BY LESSEE, OR BY AN
ENTITY CONTROLLED BY LESSEE OR BY ANOTHER ENTITY THE PROCEEDS OF WHICH ARE LOANED TO OR
ALLOCATED TO LESSEE FOR PURPOSES OF SECTION 265(b) OF THE CODE WILL NOT EXCEED $10,000,000.
"Section 265 Tax-Exempt Obligations" are obligations the interest on which is excludable from gross income of the owners
thereof under Section 103 of the Code, except for private activity bonds other than qualified 501(c)(3) bonds, both as defined in
Section 141 of the Code.
Equipment/Escrow Acceptance Date: __________________, 20___
CITY OF HUNTINGTON BEACH JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:
Title: Title:Authorized Officer
HB -254-Item 13. - 16
151211-V1
SCHEDULE A-1
(Equipment List)
1 of 1
Expected Equipment Purchase Price $1,035,000.00
Net Amount Financed $1,035,000.00
Equipment Location:
2000 Main Street
Huntington Beach, CA 92648
Equipment Description:
Pierce Arrow XT Triple Combination Pumper with Accessories
2017 North Star 167-1 Type I Module Ambulance with Accessories
TOGETHER WITH ALL ATTACHMENTS, ADDITIONS, ACCESSIONS, PARTS, REPAIRS, IMPROVEMENTS,
REPLACEMENTS AND SUBSTITUTIONS THERETO.
This Schedule A-1 is attached to the Lease Schedule 1000142350 or a Receipt Certificate/Payment Request relating to the Lease
Schedule.
CITY OF HUNTINGTON BEACH JPMORGAN CHASE BANK, N.A
(Lessee) (Lessor)
By: By:
Title: Title:Authorized Officer
HB -255-Item 13. - 17
151211-V1
Payment Schedule
This Payment Schedule is attached and made a part of the Lease Schedule identified below which is part of the Master Lease-Purchase
Agreement identified therein, all of which are between the Lessee and Lessor named below.
Lease Schedule No. 1000142350
Lease Schedule Dated: January 30, 2017
Accrual Date January 30, 2017
Amount Financed $1,035,000.00
Interest Rate 2.1650% per annum
Taxable Rate 3.2775% per annum
**FINAL RATE AND AMORIZATION SCHEDULE WILL BE SET THREE BUSINESS DAYS
PRIOR TO FUDNING**
Rent Rent Rent Interest Principal Principal Termination
Number Date Payment Portion Portion Balance Value
1 1/30/2018 $160,935.72 $22,407.75 $138,527.97 $896,472.03 $923,366.19
2 1/30/2019 $160,935.72 $19,408.62 $141,527.10 $754,944.93 $777,593.28
3 1/30/2020 $160,935.72 $16,344.55 $144,591.17 $610,353.76 $628,664.37
4 1/30/2021 $160,935.72 $13,214.15 $147,721.57 $462,632.19 $476,511.16
5 1/30/2022 $160,935.72 $10,015.98 $150,919.74 $311,712.45 $321,063.82
6 1/30/2023 $160,935.72 $6,748.57 $154,187.15 $157,525.30 $162,251.06
7 1/30/2024 $160,935.72 $3,410.42 $157,525.30 $0.00 $0.00
$1,126,550.04 $91,550.04 $1,035,000.00
CITY OF HUNTINGTON BEACH JPMORGAN CHASE BANK, N.A.
(Lessee) (Lessor)
By: By:
Title: Title:Authorized Officer
HB -256-Item 13. - 18
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DRAFT
HB -258-Item 13. - 20
Dept. ID CD 17-001 Page 1 of 7
Meeting Date: 1/17/2017
Statement of Issue:
Transmitted for your consideration is a City-initiated request to delete the –FP3 (Floodplain
Overlay) zoning designation on 151 Sunset Beach beachfront properties and the beach, which will
change the construction requirements for new homes. Basically, this request will remove the
current requirement for a building foundation to be elevated 18 to 27 inches high on pilings or
caissons with a minimum length of 20 feet and allow for new construction to be built on any
foundation (e.g. mat slab) directly on the ground. It also amends the Sunset Beach Specific Plan to
delete the same foundation requirement.
Financial Impact:
Not applicable.
Recommended Action:
PLANNING COMMISSION AND STAFF RECOMMENDATION:
A) Approve Negative Declaration No. 16-001 with findings (Attachment No. 1);
B) Approve Zoning Map Amendment No. 16-001 with findings (Attachment No. 1) by approving for
introduction Ordinance No. 4122, “An Ordinance of the City of Huntington Beach Amending District
Maps 21 and 35 of the Huntington Beach Zoning and Subdivision Ordinance by Deleting the
Current –FP3 (Floodplain Overlay) Designation on All Beachfront Properties and the Beach in
Sunset Beach (Attachment No. 2);” and,
C) Approve Zoning Text Amendment No. 16-003 with findings (Attachment No. 1) by adopting
Resolution No. 2017-02, “A Resolution of the City Council of the City of Huntington Beach
Approving an Amendment to the Sunset Beach Specific Plan (SP 17) (Attachment No. 3);” and,
D. Approve Local Coastal Program Amendment No. 16-001 with findings (Attachment No. 1) by
adopting Resolution No. 2017-03, “A Resolution of the City Council of the City of Huntington Beach
Adopting Local Coastal Program Amendment No. 16-001 and Requesting Certification by the
California Coastal Commission (Attachment No. 4).”
CITY OF HUNTINGTON BEACH
REQUEST FOR CITY COUNCIL ACTION
MEETING DATE: 1/17/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Community Development
SUBJECT: Approve for introduction Ordinance No. 4122 approving Zoning Map Amendment
No. 16-001, adopt Resolution No. 2017-02 approving Zoning Text Amendment
No. 16-003, adopt Resolution No. 2017-03 approving Local Coastal Program
Amendment No. 16-001, and approve Negative Declaration No. 16-001 (Sunset
Beach Beachfront Floodplain Construction Requirements –FP3 Zoning)
HB -259-Item 14. - 1
Dept. ID CD 17-001 Page 2 of 7
Meeting Date: 1/17/2017
Alternative Action(s):
The City Council may make the following alternative motions:
A. Deny Negative Declaration No. 16-001, Zoning Map Amendment No. 16-001, Zoning Text
Amendment No. 16-003, and Local Coastal Program Amendment No. 16-001 with findings for
denial.
B. Continue Negative Declaration No. 16-001, Zoning Map Amendment No. 16-001, Zoning Text
Amendment No. 16-003, and Local Coastal Program Amendment No. 16-001 and direct staff
accordingly.
Analysis:
A. PROJECT PROPOSAL:
Applicant: City of Huntington Beach
Property Owner: Various
Location: Sunset Beach beachfront properties and the beach (151 parcels and the beach bounded
by Anderson Street to the north, Warner Avenue to the south, the Pacific Ocean to the
west, and South Pacific Avenue to the east), 90742.
On July 18, 2016 the City Council directed staff to initiate the necessary zoning applications
described below for consideration by the Planning Commission and City Council through a public
hearing process (Attachment No. 10). The project proposes to delete the –FP3 (Floodplain
Overlay) zoning designation on 151 Sunset Beach beachfront properties and the beach which will
change the construction requirements for new homes. Basically, this request will remove the
current requirement for a building foundation to be elevated 18 to 27 inches high on pilings or
caissons with a minimum length of 20 feet and allow for new construction to be built on any
foundation (e.g. mat slab) directly on the ground. It also amends the Sunset Beach Specific Plan to
delete the same foundation requirement. The following is a specific description of each zoning
entitlement:
Zoning Map Amendment (ZMA) No. 16-001 represents a request pursuant to Chapter 247 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to delete the current –FP3
(Floodplain Overlay) zoning designation on all beachfront properties and the beach in Sunset
Beach (Attachment No. 5) which, among other things, will eliminate a current requirement for new
homes to be built on a pilings or caissons foundation.
The 1985 County of Orange Coastal Flood Plain Development Study, which provided the basis for
the current –FP3 designation, also identifies the following additional design considerations which
will also be eliminated if the –FP3 designation is deleted:
Elevation of the underside of the structure from 18 to 27 inches above the natural grade
beneath the residence based upon the height of the adjacent artificial berm. (However, as
discussed below, the revised Sunset Beach Specific Plan recommended for approval by the
Planning Commission and staff will require the finished floor elevation for new construction
to still be elevated.)
Areas under buildings constructed on piles or caissons must be kept clear to allow landward
drainage.
Gates in walkways alongside structures should swing landward so they are parallel and
away from flow from the ocean.
HB -260-Item 14. - 2
Dept. ID CD 17-001 Page 3 of 7
Meeting Date: 1/17/2017
Zoning Text Amendment (ZTA) No. 16-003 represents a request pursuant to Chapter 247 of the
HBZSO to amend the Sunset Beach Specific Plan (SBSP or SP 17) by deleting the requirement for
new homes on beachfront properties to be constructed on pilings or caissons in accord with the
1985 County of Orange Coastal Flood Plain Development Study. The current FEMA flood
insurance rate map is proposed to be used instead as the basis for new construction.
A legislative draft of the proposed changes to the SBSP as recommended for approval by the
Planning Commission and staff is attached (Attachment No. 6) to this staff report. The key changes
to the SBSP include:
Deleting the –FP3 designation from Exhibit 3.1 on Attachment No. 6.4 and reference to –
FP3 on Attachment No. 6.7; and
Deleting reference to the 1985 County of Orange Coastal Flood Plain Development Study in
the SBSP and requiring compliance with the current FEMA flood insurance rate map on
Attachment Nos. 6.2, 6.3, and 6.8.
Adding a requirement that the finished floor elevation for new construction on beachfront
properties should also be a minimum of two feet above the centerline of the frontage street
or two feet above the highest perimeter curb elevation of the property, whichever is greater
as is currently required on all non-beachfront properties (Attachment No. 6.7).
Incorporating a requirement from the 1985 County flood study that beachfront properties
have the ground slope toward South Pacific Avenue and not toward adjacent properties
(Attachment No. 6.7).
The changes identified in the last two bullets above were made by the Planning Commission at
their December 13, 2016 meeting.
Local Coastal Program Amendment (LCPA) No. 16-001 represents a request pursuant to Chapter
247 of the HBZSO to amend the City’s Local Coastal Program in accordance with ZMA No. 16-001
and ZTA No. 16-003. If approved by the City, LCPA No. 16-001 will require certification (approval)
by the California Coastal Commission.
Negative Declaration (ND) No. 16-001 represents a request to analyze the potential environmental
impacts associated with the proposed project pursuant to the California Environmental Quality Act
(CEQA).
B. BACKGROUND:
In October 2010, the City Council approved the entitlements for the annexation and the
establishment of General Plan and zoning designations for Sunset Beach. In August 2011,
Sunset Beach was officially annexed into the City of Huntington Beach. Since then the City
has been working with the Coastal Commission to achieve certification of an updated Coastal
Element that includes an updated SBSP.
After official annexation in 2011, the County of Orange continued to conduct land use and
development review in Sunset Beach on behalf of the City pursuant to a pre-annexation agreement.
Land use and development review included planning and zoning issues, entitlements, code
enforcement, business licenses, building permits, and utility and right-of-way issues typically under
Public Works’ purview. Projects that required Coastal Development Permits were submitted to and
processed by the California Coastal Commission. In April 2015, the City and County agreed that
the City would commence land use and development review in Sunset Beach. Because the City’s
draft Specific Plan is still not certified by the California Coastal Commission, the City reviews land
use and development proposals (Conditional Use Permits, Variances, etc.) for “approval in
concept” with the Coastal Element and the SBSP adopted by the City Council. After the City’s
review, applicants then apply for Coastal Development Permits through the Coastal Commission
and return to the City for building permits.
HB -261-Item 14. - 3
Dept. ID CD 17-001 Page 4 of 7
Meeting Date: 1/17/2017
C. PLANNING COMMISSION MEETING AND RECOMMENDATION:
The Planning Commission held a study session on October 25, 2016 and comments from that
meeting are in the attached Planning Commission staff report (Attachment No. 13).
The Planning Commission held a public hearing on the proposed amendments on December 13,
2016. There were only two public comments at the meeting. Karen Otis and Mike Adams spoke
and recommended approval of the amendments. Two written communications expressing
opposition to the amendments were received for the public hearing. The Planning Commission
discussed the potential liability to the City if the amendments were approved, the seasonal berm,
sea level rise, and the current and draft FEMA flood insurance rate map. The Planning
Commission recommended approval of the amendments and added two other modifications to the
SBSP as noted previously. Commissioners Pinchiff and Mandic did not support the request due to
concerns with the level of CEQA review as well as inconsistency with General Plan policies
regarding protection from hazards.
Planning Commission Action on December 13, 2016
A motion was made by Kalmick, seconded by Scandura, to approve ND No. 16-001 carried by the
following vote:
AYES: Crowe, Kalmick, Scandura
NOES: Pinchiff, Mandic
ABSTAIN: None
ABSENT: Hoskinson
A motion was made by Scandura, seconded by Crowe, to approve ZMA No. 16-001 carried by the
following vote:
AYES: Crowe, Kalmick, Scandura
NOES: Pinchiff, Mandic
ABSTAIN: None
ABSENT: Hoskinson
A motion was made by Kalmick, seconded by Scandura, to approve ZTA No. 16-003 with
modifications to continue requiring beachfront homes to elevate the finished floor and have the
ground slope toward South Pacific Avenue and not toward adjacent properties carried by the
following vote:
AYES: Crowe, Kalmick, Scandura
NOES: Pinchiff, Mandic
ABSTAIN: None
ABSENT: Hoskinson
A motion was made by Kalmick, seconded by Scandura, to approve LCPA No. 16-001 carried by
the following vote:
AYES: Crowe, Kalmick, Scandura
NOES: Pinchiff, Mandic
ABSTAIN: None
ABSENT: Hoskinson
D. STAFF ANALYSIS AND RECOMMENDATION:
HB -262-Item 14. - 4
Dept. ID CD 17-001 Page 5 of 7
Meeting Date: 1/17/2017
The analysis section discusses the history of the current –FP3 designation; the new FEMA coastal
flood hazards study; the reason why the ZMA, ZTA, and LCPA were initiated and the findings for
their approval; and the alternative action the City Council could take.
The current –FP3 designation and the additional requirements such as building on piles or caissons
were adopted by the Orange County Board of Supervisors in the 1990 SBSP based on a 1985
County flood study (Attachment No. 12) as a follow up action to severe flooding in 1983. It is a
higher standard than what is required under the current FEMA designation of Zone X, which does
not require any specific construction standards or mandatory flood insurance. Although the County
adopted the higher –FP3 standards, they had not been consistently applied in Sunset Beach. It
appears from 1990 to 2010 new homes were constructed on pilings/caissons in accordance with
the County adopted SBSP. But during 2011 to 2015, of the six beachfront homes that have been
constructed (since Sunset Beach was annexed into the City of Huntington Beach but still under the
land use authority of the County), three homes were constructed on foundations other than piles or
caissons (i.e. not consistent with the -FP3 overlay requirements).
Over the last year, since the City has taken over permitting from the County, a property owner has
applied to construct two beachfront homes using a foundation type not consistent with the –FP3
designation. While plan checking these two homes, the City noted that the homes needed to
comply with the –FP3 foundation requirements per the adopted Sunset Beach Specific Plan
(SBSP), which essentially mirrored the County’s SBSP. This determination was subsequently
appealed to the Planning Commission and City Council. Although the appeal was denied, the City
Council directed staff to initiate the subject ZMA and ZTA. Given that the County had not been
consistently applying the –FP3 construction requirements in addition to the higher costs associated
with the –FP3 construction requirements, the City Council gave staff direction to process these
entitlements so the Planning Commission and City Council could consider whether or not the –FP3
overlay designation is still necessary.
The 1985 County flood study established technical criteria and standards as a basis for review of
structures and protective devices in coastal areas with potential flood hazards from ocean water
and wave forces. For the Sunset Beach beachfront lots, the study recommended design objectives
and considerations consistent with the –FP3 overlay including utilizing foundation systems
constructed on pilings or caissons. Although it has never been updated, the 1985 County study is
the only such study the City is aware of and, until now, has served as the best available information
for the last 30 years.
FEMA recently completed an updated study of coastal flood hazards in California for the first time in
30 years and released a preliminary flood insurance rate map (FIRM) reflecting the results of the
study. According to FEMA, the updated study includes detailed coastal engineering analyses and
mapping of the Pacific coast of California using newer technology and data to model and analyze
coastal flood hazards. Dune erosion, wave setup, wave runup, overtopping, overland wave
propagation, and evaluation of coastal structures are accounted for in determining new Base Flood
Elevations (BFE) that are reflected in the preliminary FIRM. The preliminary FIRM for Sunset
Beach shows a flood zone designation of X for all beachfront properties with the exception of the
southernmost lot which is designated Zone VE. Zone X does not require any specific construction
standards. Zone VE requires new construction and substantial improvements to use pilings or
caissons. The preliminary FIRM currently serves as the best available information for flood
management purposes.
Approval of the ZMA, ZTA and LCPA will remove the higher construction standard based upon the
1985 County flood study and enable the City to use the most current FEMA flood insurance rate
map to determine which areas are subject to a floodplain overlay and as the basis for reviewing
HB -263-Item 14. - 5
Dept. ID CD 17-001 Page 6 of 7
Meeting Date: 1/17/2017
new construction consistent with General Plan and LCP policies that support identifying and
mitigating flood hazards to minimize risk. There is a community need and it is good zoning practice
to use the best available flood data as the basis for land use regulations. Approval of the
amendments would also ensure consistency in the application of flood regulations and reduce
burdensome requirements that go beyond existing federal regulations. Although approval of the
amendments will mean that new structures proposed to be constructed on beachfront properties
will not require foundations constructed on pilings or caissons based on the current designation of
Zone X, a property owner or applicant could still choose to construct a foundation using pilings or
caissons.
The proposed amendments will not change the General Plan land use designations or the uses
authorized in or any other standards in the base zoning districts applicable to the beachfront
properties and the beach. It will not conflict with the public access and public recreation policies of
the Coastal Act because it will not affect existing public access and recreation in the area.
Therefore, based on the reasons discussed herein, staff is recommending approval of the subject
ZMA, ZTA and LCPA.
The Planning Commission made two other changes to the SBSP at their December 13, 2016
meeting to add a requirement that the finished floor elevation for new construction on beachfront
properties should also be a minimum of two feet above the centerline of the frontage street or two
feet above the highest perimeter curb elevation of the property, whichever is greater. They also
incorporated a requirement from the 1985 County flood study that beachfront properties have the
ground slope toward South Pacific Avenue and not toward adjacent properties. Staff supports
these changes because they are consistent with the rest of the Sunset Beach area and provide an
additional level of flood protection.
The City Council could make a policy decision to retain the current higher flood standards by taking
the alternative action to deny the requests. Denial means that all beachfront properties will remain
in the –FP3 overlay and will continue to require additional construction standards such as the use of
piling or caissons, among other things, as outlined in the 1985 County flood study even if the latest
FEMA FIRM designates all but one beachfront property in Zone X. FEMA will continue to provide
updated flood insurance rate maps, as needed in the future, to address changing flood hazards. In
the future, if FEMA designates all beachfront properties Zone VE which equates to –FP3, the City
may still have to amend the SBSP to avoid conflicting requirements.
E. SUMMARY:
Staff recommends approval of Zoning Map Amendment No. 16-001, Zoning Text Amendment No.
16-003, Local Coastal Program Amendment No. 16-001, and Negative Declaration No. 16-001
based upon the following:
- Enables the City to use the most current FEMA flood insurance rate map to determine which
areas are subject to a floodplain overlay and as the basis for reviewing new construction.
- Consistent with the General Plan goals, objectives, and policies that support identifying and
mitigating flood hazards to minimize risk.
- Community need and good zoning practice to use updated flood information as the basis for
land use regulations.
- Will not conflict with the public access and public recreation policies of the Coastal Act.
- No substantial evidence in light of the whole record that the project will have a significant
effect on the environment.
HB -264-Item 14. - 6
Dept. ID CD 17-001 Page 7 of 7
Meeting Date: 1/17/2017
Environmental Status:
Staff has reviewed the environmental assessment and determined that no significant impacts are
anticipated as a result of the proposed project. Subsequently, Negative Declaration No. 16-001
(Attachment No. 7) was prepared pursuant to Section 240.04 of the HBZSO and the provisions of
the California Environment Quality Act.
The Community Development Department advertised draft Negative Declaration No. 16-001 for
thirty (30) days commencing on October 20, 2016 and ending on November 21, 2016. Comments
were received from Christine Henderson, Phyllis Maywhort, and Tony Sellas and responses have
been included with the Negative Declaration (Attachment No. 7).
Environmental Board Comments:
The Environmental Board was notified of the Negative Declaration. However, no response was
received.
Prior to any action on ZMA No. 16-001/ZTA No. 16-003/LCPA No. 16-001, it is necessary for the
City Council to review and act on Negative Declaration No. 16-001. Staff, in its initial study of the
project, is recommending that the negative declaration be approved with findings.
Sunset Beach Local Coastal Program (LCP) Review Board: The Sunset Beach LCP Review
Board is the official citizen’s review group in Sunset Beach. The SBSP states that any proposed
amendments to the SBSP shall be forwarded to the Board for review prior to action by the City.
The LCP Review Board did not have any comments after reviewing the proposed amendments at
their September 6, 2016 meeting (Attachment No. 11).
Strategic Plan Goal: Enhance and maintain public safety
Attachment(s):
1. Suggested Findings for Approval
2. Draft City Council Ordinance No. 4122 Approving ZMA No. 16-001
3. Draft City Council Resolution No. 2017-02 Approving ZTA No. 16-003
4. Draft City Council Resolution No. 2017-03 Approving LCPA No. 16-001
5. Zone Change Map (ZMA No. 16-001)
6. Legislative Draft of proposed amendments to the SBSP (ZTA No. 16-003)
7. Negative Declaration No. 16-001(Includes Environmental Checklist, Response to Comments,
and Comment Letters from Christine Henderson, Phyllis Maywhort, and Tony Sellas)
8. FEMA Open Pacific Coast Study PowerPoint presentation
9. New FEMA preliminary flood insurance rate map for Sunset Beach (dated Aug. 2016)
10. Excerpt from July 18, 2016 City Council minutes
11. Email from Sunset Beach LCP Review Board
12. Excerpt from County of Orange Coastal Flood Plain Development Study (January 1985) (Entire
study available at:
http://huntingtonbeachca.gov/government/departments/planning/major/files/Coastal-Floodplain-
Development-Orange-County-Coastline.pdf)
13. Planning Commission Staff Report dated December 13, 2016
14. Current FEMA flood insurance rate map for Sunset Beach (dated Dec. 2009)
15. Information regarding the FEMA flood insurance rate map and sea level rise
16. Other comment letters received
HB -265-Item 14. - 7
1/17/17 Attachment No. 1.1
ATTACHMENT NO. 1
SUGGESTED FINDINGS OF APPROVAL
NEGATIVE DECLARATION NO. 16-001/
ZONING MAP AMENDMENT NO. 16-001/
ZONING TEXT AMENDMENT NO. 16-003/
LOCAL COASTAL PROGRAM AMENDMENT NO. 16-001
SUGGESTED FINDINGS FOR APPROVAL - NEGATIVE DECLARATION NO. 16-001:
1. The Negative Declaration No. 16-001 has been prepared in compliance with Article 6 of the
California Environmental Quality Act (CEQA) Guidelines. It was advertised and available for a
public comment period of thirty (30) days. Comments received during the comment period were
considered by the City Council prior to action on the Negative Declaration, Zoning Map Amendment
No. 16-001, Zoning Text Amendment No. 16-003, and Local Coastal Program Amendment No. 16-
001.
2. There is no substantial evidence in light of the whole record before the City Council that the project
will have a significant effect on the environment.
SUGGESTED FINDINGS FOR APPROVAL - ZONING MAP AMENDMENT NO. 16-001:
1. Zoning Map Amendment (ZMA) No. 16-001 to delete the current –FP3 (Floodplain Overlay) zoning
designation on all beachfront properties and the beach in Sunset Beach which, among other things,
will eliminate a current requirement for new homes to be built on a pilings or caissons foundation is
consistent with the objectives, policies, general land uses and programs specified in the General Plan
and any applicable specific plan including:
Coastal Element
Objective C 10.1 - Identify potential hazard areas in the City and manage/mitigate potential risks and
impacts through land use regulation, public awareness and retrofitting where feasible.
Policy C 10.1.2 - Promote land use patterns, zoning ordinances and locational criteria that mitigate
potential risks posed by development in hazard areas, or which significantly reduce risk from seismic
hazards.
Policy C 10.1.14 - During major redevelopment or initial construction, require specific measures to be
taken by developers, builders or property owners in flood prone areas, to prevent or reduce damage
from flooding and the risks upon human safety. Development shall, to the maximum extent feasible
and consistent with the Water and Marine Resource policies of this LCP, be designed and sited to:
a) Avoid the use of protective devices,
b) Avoid encroachments into the floodplain, and
HB -266-Item 14. - 8
1/17/17 Attachment No. 1.2
c) Remove any encroachments into the floodplain to restore the natural width of the
floodplain.
Environmental Hazards Element
Goal EH 4 - Eliminate, to the greatest degree possible, the risk from flood hazards to life, property,
public investment and social order in the City of Huntington Beach.
Policy EH 4.1.2 - Establish and enforce standards which minimize financial loss and maximize
protection of residents and business owners’ property.
Objective EH 4.3 - Protect individuals from physical harm in the event of flooding.
While the –FP3 designation and the current requirement for pilings or caissons represent a higher
design standard for flood protection and wave runup, the proposed amendments will enable the City to
use the most current FEMA flood insurance rate map as the basis for new construction which still
meets the minimum flood protection requirements consistent with the General Plan goals, objectives,
and policies. In addition, FEMA has recently completed an Open Pacific Coast study which restudied
coastal flood hazards statewide for the first time in 30 years thereby providing the most current
information for floodplain management to minimize risk. FEMA will continue to provide updated
flood insurance rate maps, as needed in the future, to address changing flood hazards.
2. ZMA No. 16-001 would delete the current –FP3 zoning designation on all beachfront properties and
the beach in Sunset Beach. It will not change the uses authorized in and the other standards
prescribed for the base zoning district for which it is proposed.
3. A community need is demonstrated for the change proposed because it will enable the City to update
the floodplain overlay zoning information pursuant to the most current FEMA flood insurance rate
map rather than an outdated 1985 County flood study. FEMA has recently completed an Open Pacific
Coast study which restudied coastal flood hazards statewide for the first time in 30 years thereby
providing the most current information as to which areas are subject to a floodplain overlay.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice
by enabling the City to use the most current FEMA flood insurance rate map rather than an outdated
1985 County flood study to determine which areas are subject to a floodplain overlay.
SUGGESTED FINDINGS FOR APPROVAL - ZONING TEXT AMENDMENT NO. 16-003:
1. Zoning Text Amendment (ZTA) No. 16-003 to amend the Sunset Beach Specific Plan (SBSP) by
deleting the requirement for new homes on beachfront properties to be constructed on pilings or
caissons in accord with the 1985 County of Orange Coastal Flood Plain Development Study and using
the current FEMA flood insurance rate map as the basis for new construction is consistent with the
objectives, policies, general land uses and programs specified in the General Plan and any applicable
specific plan including:
HB -267-Item 14. - 9
1/17/17 Attachment No. 1.3
Coastal Element
Objective C 10.1 - Identify potential hazard areas in the City and manage/mitigate potential risks and
impacts through land use regulation, public awareness and retrofitting where feasible.
Policy C 10.1.2 - Promote land use patterns, zoning ordinances and locational criteria that mitigate
potential risks posed by development in hazard areas, or which significantly reduce risk from seismic
hazards.
Policy C 10.1.14 - During major redevelopment or initial construction, require specific measures to be
taken by developers, builders or property owners in flood prone areas, to prevent or reduce damage
from flooding and the risks upon human safety. Development shall, to the maximum extent feasible
and consistent with the Water and Marine Resource policies of this LCP, be designed and sited to:
a) Avoid the use of protective devices,
b) Avoid encroachments into the floodplain, and
c) Remove any encroachments into the floodplain to restore the natural width of the
floodplain.
Environmental Hazards Element
Goal EH 4 - Eliminate, to the greatest degree possible, the risk from flood hazards to life, property,
public investment and social order in the City of Huntington Beach.
Policy EH 4.1.2 - Establish and enforce standards which minimize financial loss and maximize
protection of residents and business owners’ property.
Objective EH 4.3 - Protect individuals from physical harm in the event of flooding.
While the –FP3 designation and the current requirement for pilings or caissons represent a higher
design standard for flood protection and wave runup, the proposed amendments will enable the City to
use the most current FEMA flood insurance rate map as the basis for new construction which still
meets the minimum flood protection requirements consistent with the General Plan goals, objectives,
and policies. In addition, FEMA has recently completed an Open Pacific Coast study which restudied
coastal flood hazards statewide for the first time in 30 years thereby providing the most current
information for floodplain management to minimize risk. FEMA will continue to provide updated
flood insurance rate maps, as needed in the future, to address changing flood hazards.
2. ZTA No. 16-003 would amend the Sunset Beach Specific Plan (SBSP) by deleting the requirement for
new homes on beachfront properties to be constructed on pilings or caissons in accord with the 1985
County of Orange Coastal Flood Plain Development Study and using the current FEMA flood
insurance rate map as the basis for new construction. It will not change the uses authorized in and the
other standards prescribed for the base zoning district for which it is proposed.
HB -268-Item 14. - 10
1/17/17 Attachment No. 1.4
3. A community need is demonstrated for the change proposed which will enable the City to use the
most current FEMA flood insurance rate map as the basis for floodplain management rather than an
outdated 1985 County flood study. FEMA has recently completed an Open Pacific Coast study which
restudied coastal flood hazards statewide for the first time in 30 years thereby providing the most
current information for floodplain management to minimize risk.
4. Its adoption will be in conformity with public convenience, general welfare and good zoning practice
by enabling the City to use the most current FEMA flood insurance rate map as the basis for
floodplain management rather than an outdated 1985 County flood study.
SUGGESTED FINDINGS FOR APPROVAL – LOCAL COASTAL PROGRAM AMENDMENT
NO. 16-001:
1. Local Coastal Program Amendment (LCPA) No. 16-001 to the Huntington Beach Local Coastal
Program in accordance with ZTA No. 16-003 and ZMA No. 16-001 is consistent with the General
Plan designations in that it involves amendments to the floodplain overlay and the basis for floodplain
management only by using the latest FEMA flood insurance rate map and will not change the General
Plan designations for the subject properties.
2. The proposed change to the Local Coastal Program is in accordance with the policies, standards and
provisions of the California Coastal Act that encourage mitigating potential hazards through land use
regulations.
3. The LCPA will not conflict with the public access and public recreation policies of Chapter 3 of the
California Coastal Act because it will not affect existing public access and recreation in the area.
HB -269-Item 14. - 11
Attachment No. 2.1HB -270-Item 14. - 12
Attachment No. 2.2HB -271-Item 14. - 13
Attachment No. 2.3HB -272-Item 14. - 14
Attachment No. 2.4HB -273-Item 14. - 15
Attachment No. 2.5HB -274-Item 14. - 16
Attachment No. 2.6HB -275-Item 14. - 17
Attachment No. 3.1HB -276-Item 14. - 18
Attachment No. 3.2HB -277-Item 14. - 19
Attachment No. 4.1HB -278-Item 14. - 20
Attachment No. 4.2HB -279-Item 14. - 21
Draft Sunset Beach Specific Plan
____________________________________________________________________________________
August 2016 Page 34
Delete –FP3 line
Attachment No. 5HB -280-Item 14. - 22
August 2016 Page 24
Attachment No. 6.1
LEGISLATIVE DRAFT OF ZONING TEXT AMENDMENT NO. 16-003
Draft Sunset Beach Specific Plan
2.4 Shoreline Management, Flooding, and Sea Level Rise
Shoreline Management
Sunset Beach is part of the Huntington Beach Littoral Cell, which extends 15 miles from the east
jetty of Anaheim Bay to the west jetty of Newport Bay. The City of Seal Beach built a groin at the
north entrance to Anaheim Bay to combat beach erosion in 1936. In 1944, the Department
of the Navy extended the groin to form the upcoast entrance jetty of Anaheim Bay. Erosion of
the shoreline in the Sunset Beach area has been relatively continuous since then as ocean
current drives sediment generally to the southeast.
In the 1940s, 1,422,000 cubic yards of sand replenishment material were placed on the beach
in Seal Beach for the purpose of addressing the beach erosion. Due to a local appeal to the
U.S. Congress to address the erosion caused by the federal structures and a recommendation
by the U.S. Army Corps of Engineers, in 1962 the U.S. Congress approved House Document
602 that allows for federal appropriation for beach nourishment to occur, although each
nourishment project is a separate Congressional appropriation. This action also established a
roughly 67%/33% split between the federal government and non-federal entities to pay for the
beach nourishment. The non-federal entities are the State of California, County of Orange, City
of Huntington Beach, City of Newport Beach, City of Seal Beach and the Surfside Colony
Homeowners Association.
Since the Congressional action, the U.S. Army Corps of Engineers, which is the federal sponsor
and manages the contractors for the beach nourishment projects, has completed a sand
deposition project (Surfside-Sunset Beach nourishment project) for the area approximately
every five to seven years. The draft Orange County Coastal Regional Sediment Management
Plan states that these projects have provided substantial increases in beach width over time for
the entire Huntington Beach Littoral Cell. The Plan identifies the Surfside-Sunset Beach
location as a “high” need receiver site and notes the benefits associated with periodic sand
replenishment. These benefits extend beyond recreational opportunities for the immediate
Surfside and Sunset Beach areas. The Plan states that the downcoast benefits for recreation at
Huntington City Beach and Huntington State Beach are substantial, and that maintaining a wide
beach can reduce storm damage.3 The draft Orange County Coastal Regional Sediment
Management Plan recommends continued support for the Surfside-Sunset Beach nourishment
project, and Land Use Plan Guidelines 2.2.2.ii and 2.2.2.iii of this Specific Plan echo this
support.
Flooding
The Federal Emergency Management Agency (FEMA) currently designates all of the developed
area of Sunset Beach and a majority of the beach as Flood Zone X, which are areas of 500 year
flood and areas of 100 year flood with average depths of less than one foot of flooding and
3 Draft Orange County Coastal Regional Sediment Management Plan, April 2012, prepared for U.S. Army
Corps of Engineers, County of Orange and California Coastal Sediment Management Workgroup.
- PC Recommendation
HB -281-Item 14. - 23
Draft Sunset Beach Specific Plan
August 2016 Page 25
Attachment No. 6.2
areas protected by levees from 100 year flood. A small portion of the beach at the ocean edge
is designated Flood Zone VE, areas of Coastal flood with velocity hazard.
Despite the Flood Zone X designation, flood damage in Sunset Beach can occur at times of
abnormally high tides. A January 1983 storm caused severe flooding across the beach that
affected homes along South Pacific Avenue as well as flooding onto Pacific Coast Highway and
all of the property in between. In response, the County of Orange constructed a berm (also
referred to as the artificial dune), which still exists today. The berm was constructed
approximately 40 feet from the rear property lines along South Pacific Avenue, which maximizes
having a large expanse of uninterrupted beach area while still achieving the objective of flood
protection. Since the berm was installed there has been no flooding as a result of storm surge
or high tides from the ocean side of the beach.
As a follow-up action to the storm, the County of Orange completed a Coastal Flood Plain
Development Study, in 1985, to analyze safety measures for structures along the coast. Design
guidelines for residential development along the coast arewere established in Chapter Four of
the Coastal Flood Plain Development Study. These guidelines arewere based on the
assumption that the beach will be artificially maintained with a width of at least 150 feet from the
ocean-facing private property line. The Study concluded that should the beach retreat to less
width, the possibility of storm erosion and breaking wave activity at the structures may occur
and flood protection as regulated by the design guidelines will not provide protection from wave
impact forces. Revised design guidelines must then be modified to reflect the circumstances.
In 1990, Tthe County designated the homes seaward of South Pacific Avenue as being in a –
FP3 district, subject to flood hazard. The Coastal Flood Plain Development Study requiresd that
any new structure in this area be raised to a specific height above a point on South Pacific
Avenue. In addition to providing protection against flood damage, the requirement to build on
piling along South Pacific Avenue providesd a safety margin should conditions at Sunset Beach
return to the way they were in the 1930s when homes were vulnerable to attack by waves.
Homes on shallow footings can be rapidly damaged or destroyed if their sand support is lost to
erosion. Existing lawful nonconforming residential uses may be severely impacted by the
Coastal Flood Plain Development Study and will require special consideration.
In 2016, it was determined that to be consistent with FEMA, the current FEMA flood insurance
rate map will be used as the basis for floodplain management in Sunset Beach rather than the
1985 County of Orange Coastal Flood Plain Development Study.
Although the berm/artificial dune that the County constructed has been very effective,
approximately 12 to15 years ago the County of Orange implemented another maintenance
activity to construct a temporary, seasonal berm, referred to as the seawardmost berm or the
seasonal berm on Sunset Beach. This was in response to flooding that occurred down
Anderson Street and onto Pacific Coast Highway and the surrounding area. The flooding
resulted from water that came up against a seasonal berm in front of the Surfside Colony
development immediately to the north in the City of Seal Beach being funneled into the Sunset
Beach community streets. (The Surfside Colony berm has been constructed on a seasonal
basis for approximately 30 years.)
HB -282-Item 14. - 24
Draft Sunset Beach Specific Plan
August 2016 Page 26
Attachment No. 6.3
The Sunset Beach seawardmost berm is a non-structural management tool used on a seasonal
basis to help minimize the risk of coastal flooding. Even with the recurring sand replenishment
project, there are times when the beach has narrowed due to storm activity and the
seawardmost berm reduces the risk of flooding associated with that as well as eliminates the
previous reason that the flooding down Anderson Street originally occurred.
Under management by the County of Orange, the width of the beach was evaluated before
every storm season. If the width of the beach was less than 250 feet, the County constructed
the berm. Typically after a beach nourishment project was completed, the seawardmost berm
was not needed. Conversely, in an El Nino year, the berm would be reconstructed regardless of
the width of the beach. The County’s former and the City’s current practice is to reconstruct the
berm between mid-November and December 1st and take it down after the storm season in mid-
to late March, depending on the storm season and tides.
The publicly owned Sunset Channel has been privately bulkheaded and the streets and alleys,
where they abut the channel, were bulkheaded by the County. There are a couple of areas that
are not bulkheaded, e.g. undeveloped property at terminus of Park Avenue and two properties
on Bayview Drive (16862 and 16864 Bayview Drive), that result in flooding of local streets
during high tides.
With the combination of shoreline management and flood protection maintenance activities,
flood threat to the entire Sunset Beach community and Pacific Coast Highway has been
significantly minimized. However, inland flooding does occur due to the lack of bulkheads in
some areas. Based on the foregoing, the following shoreline management and flooding
policies, coupled with those identified in the Land Use Plan section, shall be adhered to:
Shoreline Management
2.4.1 The City shall prepare a Shoreline Management (Beach Management) Plan for Sunset
Beach, which shall take into consideration beach nourishment, beach erosion, storm
season, beach habitat and grunion spawning season and recreational use of the beach.
Flooding
2.4.2 New development shall be required to comply with flood plain regulations and the 1985
County study, until such time that it is supersededcurrent FEMA flood insurance rate
map, as required by Section 3.3.8 of this Specific Plan.
Sea Level Rise (SLR)
The potential impacts of SLR are within the planning and regulatory responsibilities of the
Coastal Commission and the City under the Coastal Act. The City is in the process of
completing a comprehensive update to its General Plan. This effort includes the preparation of
a citywide SLR Vulnerability Assessment and Coastal Resiliency Plan. The SLR Vulnerability
Assessment will guide the strategies (policies and implementation actions) that the City could
ultimately adopt.
HB -283-Item 14. - 25
Draft Sunset Beach Specific Plan
August 2016 Page 34
Attachment No. 6.4
Delete –FP3 line
HB -284-Item 14. - 26
Draft Sunset Beach Specific Plan
August 2016 Page 35
Attachment No. 6.5
3.3.1 Sunset Beach Residential
A. Purpose
The Sunset Beach Residential (SBR) District is intended to permit the establishment and
maintenance of high density residential neighborhoods. It is intended that each residential
structure be independent from adjoining property by setbacks. Only those uses which are
complementary to and can exist in harmony with the residential uses are permitted.
B. Principal Permitted Uses
The following principal uses are permitted subject to the approval of a Coastal Development
Permit by the Zoning Administrator.
1. Duplex dwellings
2. Single-family dwellings and single family mobile homes.
3. Residential Condominium, stock cooperative, and community apartment projects.
4. Residential Condominium conversions, pursuant to Chapter 235 of the HBZSO.
5. Additions to lawful nonconforming residential uses. Additions must comply with all
applicable development standards.
C. Other Permitted Uses
Other permitted uses subject to a Coastal Development Permit and a Conditional Use Permit by
the Planning Commission.
1. Community recreation center.
2. Community service center.
3. Community facility.
4. Public Safety Facilities.
5. Parks and playgrounds (non-commercial).
6. Public service facilities.
7. Short-term vacation rentals (stays of less than 30 days)
a. Amortization Period: Any existing short-term vacation rental (stays of less than 30
days) use shall be discontinued 12 months following the effective adoption date of
this Specific Plan by the California Coastal Commission, unless an application is filed
with the Community Development Department pursuant to this section to establish
the use prior to the discontinued date.
HB -285-Item 14. - 27
Draft Sunset Beach Specific Plan
August 2016 Page 36
Attachment No. 6.6
D. Accessory Uses and Structures Permitted
Accessory uses and structures are permitted when customarily associated with and subordinate
to a permitted principal use on the same building site.
1. Limited Day Care, Limited Residential Care, and Large Family Day Care, as defined by
the HBZSO. Large Family Day Care shall require neighborhood notification pursuant to
Section 241.24 of the HBZSO.
2. Fences and walls per Section 3.3.5 except as modified by special provisions set out in
Section F.3.c “Building sites between Pacific Coast Highway and the Sunset Channel
and those building sites fronting on Park Avenue” and Section F.3.d “Building sites
between Bay View Drive and Sunset Channel”.
3. Garages and/or carports per Sections 3.3.4 and 3.3.7.
4. Home occupations per the HBZSO.
5. Noncommercial keeping of pets and animals per the City of Huntington Beach Municipal
Code.
6. Pools and spas, except due to the limited sewerage capacity, no such swimming pool or
spa over 1000 gallons shall be connected to, or drained into, the public sewer system.
7. Signs per Section 3.3.6, except business signs which are prohibited.
8. Tennis courts.
9. Detached accessory buildings in compliance with Section 3.3.7.
E. Prohibited Uses.
1. All uses not permitted above are prohibited.
2. The storage of vehicles, equipment or products related to a commercial activity.
3. Community and Human Service facilities.
F. Site Development Standards
The establishment, operation and maintenance of the uses permitted by these district
regulations shall be in compliance with the following:
1. Building Height – Up to three stories and not more than 35 feet maximum; building height
shall be measured from the centerline of the frontage street to the top of the
structure. Such height and story calculations shall include mezzanines, patio roof covers,
mechanical equipment, rooftop decks and attics; however, a rooftop deck shall not count
as a story. See Section F.7.
HB -286-Item 14. - 28
Draft Sunset Beach Specific Plan
August 2016 Page 37
Attachment No. 6.7
2. Bottom elevation – for structures outside the FP-3 District, the finished floor elevation for
new construction should be a minimum of two feet above the centerline of the frontage
street or two feet above the highest perimeter curb elevation of the property, whichever
is greater, unless the applicant can prove, using detailed hydrologic and hydraulic
calculation, that the proposed finished floor elevation is protected from being flooded
from a 100-year flood in a manner meeting the approval of the Community Development
Director. Beachfront properties should have the ground slope toward South Pacific
Avenue and not toward adjacent properties.
Those building sites abutting the Sunset Beach Waterways District, Bay View Drive, or
Park Avenue shall have the additional requirement that the finished floor elevation also
be set at a minimum two feet above the bulkhead elevation.
3. Setbacks
Front setbacks shall be measured from the ultimate right-of-way line.
a. Beach Front Building Sites
Front setback (street) 5 feet on ground floor,
6 inches above ground floor.
Side setbacks adjacent to streets
and alleys
6 inches all floors, except in front of
garages where 3 feet is required.
Side setbacks adjacent to other
building sites.
3 feet all floors, except for decks
providing access on ground floor
where 2 feet is allowed.
Rear setback (on the sand) None Required.
b. Building sites between North Pacific Ave. and Pacific Coast Highway
Front setback (street) 5 feet on ground floor,
6 inches above ground floor.
Side setbacks adjacent to streets
and alleys
3 feet on ground floor except in front
of garages where 5 feet is required;
6 inches above ground floor.
Side setbacks adjacent other
building sites
3 feet all floors, except for decks
providing access on ground floor
where 2 feet is allowed.
Rear setback 5 feet on ground floor,
6 inches above ground floor.
HB -287-Item 14. - 29
Draft Sunset Beach Specific Plan
August 2016 Page 59
Attachment No. 6.8
3.3.8 Flood Plain District
The Huntington Beach Zoning and Subdivision Ordinance, Chapter 222 Floodplain Overlay
District Regulations and County of Orange Coastal Flood Plain Development Study as amended
are hereby incorporated into the Sunset Beach Specific Plan and shall be applicable as
designated by the current FEMA floodplain map. Finished floor elevations shall also be in
compliance with Section 3.3 Site Development Standards.
4. Administration
The methods and procedures for implementation and administration of the Development
Standards, as well as the guidelines and other conditions of this Specific Plan are prescribed
below.
4.1 Enforcement of the Specific Plan
The City’s Community Development Director shall administer the provisions of the Sunset
Beach Specific Plan in accordance with the State of California Government Code, Subdivision
Map Act, the Huntington Beach Municipal Code, the Huntington Beach Zoning and Subdivision
Ordinance (HBZSO), the City’s General Plan and the City’s Local Coastal Program.
The Specific Plan development procedures, regulations, standards and specifications shall
supersede the relevant provisions of the City’s Zoning Code (Huntington Beach Zoning and
Subdivision Ordinance), as they currently exist or may be amended in the future. Any
development regulation and building requirement not addressed in the Specific Plan shall be
subject to the City’s adopted regulations in effect at the time of an individual request.
4.2 Methods and Procedures
The methods and procedures for implementation of the Specific Plan shall be on a project-by-
project basis. The adoption of the Specific Plan alone will not require any improvements to the
Specific Plan area. Physical improvements will only coincide with the approval of development
projects. The Specific Plan is a regulatory document and is not intended to be a Development
Agreement.
Coastal Development Permits
Coastal Development Permits shall be processed pursuant to the Huntington Beach Zoning and
Subdivision Ordinance.
Conditional Use Permits
Conditional Use Permits shall be processed pursuant to the Huntington Beach Zoning and
Subdivision Ordinance.
HB -288-Item 14. - 30
G:\ENVIRONM\CHECKLST Page 1
ENVIRONMENTAL CHECKLIST FORM
CITY OF HUNTINGTON BEACH
COMMUNITY DEVELOPMENT DEPARTMENT
ENVIRONMENTAL ASSESSMENT NO. 16-001
1. PROJECT TITLE: Sunset Beach Beachfront Flood Requirements
Concurrent Entitlements: Zoning Text Amendment (ZTA) No. 16-003/Zoning Map Amendment
(ZMA) No. 16-001/Local Coastal Program Amendment (LCPA) No. 16-001
2. LEAD AGENCY: City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Contact: Ricky Ramos, Senior Planner
Phone: (714) 536-5624
3. PROJECT LOCATION: The subject site is generally bounded by Anderson Street to the north,
Warner Avenue to the south, the Pacific Ocean to the west, and South Pacific Avenue to the east in
Sunset Beach.
4. PROJECT PROPONENT: City of Huntington Beach
5. GENERAL PLAN DESIGNATION: RH-30 (Residential High Density) and OS-S (Open Space –
Shoreline)
6. ZONING: Sunset Beach Specific Plan – Coastal Zone Overlay – Floodplain Overlay (SBSP-CZ-
FP3)
7. PROJECT DESCRIPTION:
The City is proposing to amend the Sunset Beach Specific Plan (Nov. 2015) by deleting the
requirement for beachfront properties to comply with the 1985 County of Orange Coastal Flood Plain
Development Study which required, among others, a building foundation with pilings or caissons.
The current Federal Emergency Management Agency (FEMA) flood insurance rate map will be used
instead as the basis for floodplain management in Sunset Beach. In addition, the current –FP3
(Floodplain Overlay) designation on all beachfront properties in Sunset Beach that was adopted based
on the 1985 County of Orange Coastal Flood Plain Development Study is proposed to be removed.
Any Floodplain Overlay designation in Sunset Beach will be based on the current FEMA flood
insurance rate map.
The project also includes an amendment to the City’s Local Coastal Program to incorporate these
proposed changes. The request only involves modifying the flood requirements for beachfront
properties in Sunset Beach. It does not include any changes to the General Plan land use designation,
Attachment No. 7.1HB -289-Item 14. - 31
Page 2
zoning base district designation, or any other zoning standards for any property. No development or
physical changes are proposed.
Background
A January 1983 storm caused severe flooding across the beach that affected homes along South
Pacific Avenue as well as flooding onto Pacific Coast Highway and all of the property in between. In
response, the County of Orange constructed a berm (also referred to as the artificial dune), which still
exists today. The berm was constructed approximately 40 feet from the rear property lines along
South Pacific Avenue, which maximizes having a large expanse of uninterrupted beach area while still
achieving the objective of flood protection. Since the berm was installed there has been no flooding
as a result of storm surge or high tides from the ocean side of the beach.
As a follow-up action to the storm, the County of Orange completed a Coastal Flood Plain
Development Study, in 1985, to analyze safety measures for structures along the coast. Design
guidelines for residential development along the coast were established in Chapter Four of the Coastal
Flood Plain Development Study. In 1990, the County designated the homes seaward of South Pacific
Avenue as being in a –FP3 district, subject to flood hazard. The Coastal Flood Plain Development
Study required that any new structure in this area be raised to a specific height above a point on South
Pacific Avenue. In addition to providing protection against flood damage, the requirement to build on
piling along South Pacific Avenue provided a safety margin should conditions at Sunset Beach return
to the way they were in the 1930s when homes were vulnerable to attack by waves. Homes on
shallow footings can be rapidly damaged or destroyed if their sand support is lost to erosion.
In 2016, it was determined that to be consistent with FEMA, the current FEMA flood insurance rate
map will be used as the basis for floodplain management in Sunset Beach rather than the 1985 County
of Orange Coastal Flood Plain Development Study. It should be noted that FEMA just recently
released a draft flood insurance rate map reflecting the results of an updated study of coastal flood
hazards in California.
Although the berm/artificial dune that the County constructed has been very effective, approximately
12 to15 years ago the County of Orange implemented another maintenance activity to construct a
temporary, seasonal berm, referred to as the seawardmost berm or the seasonal berm on Sunset Beach.
This was in response to flooding that occurred down Anderson Street and onto Pacific Coast Highway
and the surrounding area. The flooding resulted from water that came up against a seasonal berm in
front of the Surfside Colony development immediately to the north in the City of Seal Beach being
funneled into the Sunset Beach community streets. (The Surfside Colony berm has been constructed
on a seasonal basis for approximately 30 years.)
The Sunset Beach seawardmost berm is a non-structural management tool used on a seasonal basis to
help minimize the risk of coastal flooding. Even with the recurring sand replenishment project, there
are times when the beach has narrowed due to storm activity and the seawardmost berm reduces the
risk of flooding associated with that as well as eliminates the previous reason that the flooding down
Anderson Street originally occurred.
Under management by the County of Orange, the width of the beach was evaluated before every
storm season. If the width of the beach was less than 250 feet, the County constructed the berm.
Typically after a beach nourishment project was completed, the seawardmost berm was not needed.
Conversely, in an El Nino year, the berm would be reconstructed regardless of the width of the beach.
The County’s former and the City’s current practice is to reconstruct the berm between mid-
November and December 1st and take it down after the storm season in mid-to late March, depending
on the storm season and tides.
Attachment No. 7.2HB -290-Item 14. - 32
Page 3
With the combination of shoreline management and flood protection maintenance activities, flood
threat to the entire Sunset Beach community and Pacific Coast Highway has been significantly
minimized. However, inland flooding does occur due to the lack of bulkheads in some areas.
8. SURROUNDING LAND USES AND SETTING:
The Sunset Beach area is located at the northwest end of the City of Huntington Beach and is generally
bounded by Anderson Street to the north, Warner Avenue to the south, the Pacific Ocean west and the City
of Huntington Beach to the east. Across Anderson Street is the Seal Beach residential community of
Surfside and various commercial uses. Huntington Harbour and Peter’s Landing are located in the City of
Huntington Beach to the east, Bolsa Chica State Beach and Bolsa Chica Lowlands are located to the south.
9. OTHER PREVIOUS RELATED ENVIRONMENTAL DOCUMENTATION: None
10. OTHER AGENCIES WHOSE APPROVAL IS REQUIRED (AND PERMITS NEEDED):
California Coastal Commission
Attachment No. 7.3HB -291-Item 14. - 33
Attachment No. 7.4HB -292-Item 14. - 34
Page 5
EVALUATION OF ENVIRONMENTAL IMPACTS:
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by
the information sources a lead agency cites in the parentheses following each question. A “No Impact” answer
is adequately supported if the referenced information sources show that the impact simply does not apply to the
project. A “No Impact” answer should be explained where it is based on project-specific factors as well as
general standards.
2. All answers must take account of the whole action involved. Answers should address off-site as well as on-site,
cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
3. “Potentially Significant Impact” is appropriate, if an effect is significant or potentially significant, or if the lead
agency lacks information to make a finding of insignificance. If there are one or more “Potentially Significant
Impact” entries when the determination is made, preparation of an Environmental Impact Report is warranted.
4. Potentially Significant Impact Unless Mitigated” applies where the incorporation of mitigation measures has
reduced an effect from “Potentially Significant Impact” to a “Less than Significant Impact.” The lead agency
must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant
level (mitigation measures may be cross-referenced).
5. Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses
are discussed in Section XIX at the end of the checklist.
6. References to information sources for potential impacts (e.g., general plans, zoning ordinances) have been
incorporated into the checklist. A source list has been provided in Section XIX. Other sources used or
individuals contacted have been cited in the respective discussions.
7. The following checklist has been formatted after Appendix G of Chapter 3, Title 14, California Code of
Regulations, but has been augmented to reflect the City of Huntington Beach’s requirements.
SAMPLE QUESTION:
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Would the proposal result in or expose people to potential impacts
involving:
Landslides? (Sources: 1, 6)
Discussion: The attached source list explains that 1 is the Huntington
Beach General Plan and 6 is a topographical map of the area which
show that the area is located in a flat area. (Note: This response
probably would not require further explanation).
Attachment No. 7.5HB -293-Item 14. - 35
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 6
I. LAND USE AND PLANNING. Would the project:
a) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific
plan, local coastal program, or zoning ordinance)
adopted for the purpose of avoiding or mitigating an
environmental effect? (Sources: 1, 2, and 5)
b) Conflict with any applicable habitat conservation plan or
natural community conservation plan? (Sources: 3 and
5)
c) Physically divide an established community? (Sources:
3 and 4)
Discussion: The project, which involves modifying the flood requirements for beachfront properties in Sunset
Beach and using the current FEMA flood insurance rate map as the basis for floodplain management, is
not in conflict with any applicable land use plan, policy, or regulation of the City. The project, which also
includes amendments to the Local Coastal Program, is consistent with the following General Plan goal,
objectives, and policies:
Goal EH 4 - Eliminate, to the greatest degree possible, the risk from flood hazards to life, property, public
investment and social order in the City of Huntington Beach.
Policy EH 4.1.2 - Establish and enforce standards which minimize financial loss and maximize protection of
residents and business owners’ property.
Objective EH 4.3 - Protect individuals from physical harm in the event of flooding.
Objective C 10.1 - Identify potential hazard areas in the City and manage/mitigate potential risks and impacts
through land use regulation, public awareness and retrofitting where feasible.
Policy C 10.1.2 - Promote land use patterns, zoning ordinances and locational criteria that mitigate potential
risks posed by development in hazard areas, or which significantly reduce risk from seismic hazards.
Policy C 10.1.14 - During major redevelopment or initial construction, require specific measures to be taken by
developers, builders or property owners in flood prone areas, to prevent or reduce damage from flooding and
the risks upon human safety. Development shall, to the maximum extent feasible and consistent with the Water
and Marine Resource policies of this LCP, be designed and sited to:
a) Avoid the use of protective devices,
b) Avoid encroachments into the floodplain, and
c) Remove any encroachments into the floodplain to restore the natural width of the floodplain.
The project site does not have any habitat conservation plan or natural community conservation plan. The
Attachment No. 7.6HB -294-Item 14. - 36
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 7
project will not physically divide an established community. No development or physical changes are
proposed. No impacts are anticipated.
II. POPULATION AND HOUSING. Would the project:
a) Induce substantial population growth in an area, either
directly (e.g., by proposing new homes and
businesses)or indirectly (e.g., through extensions of
roads or other infrastructure)? (Sources: 4 and 9)
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere? (Sources: 4 and 9)
c) Displace substantial numbers of people, necessitating
the construction of replacement housing elsewhere?
(Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No new
homes, businesses, infrastructure, other development or physical changes that could induce substantial
population growth in the area directly or indirectly are proposed. No housing or people will be displaced. No
impacts are anticipated.
III. GEOLOGY AND SOILS. Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or
death involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the
area or based on other substantial evidence of a
known fault ? (Sources: 4 and 9)
ii) Strong seismic ground shaking? (Sources: 4 and 9)
iii) Seismic-related ground failure, including
liquefaction? (Sources: 4 and 9)
iv) Landslides? (Sources: 4 and 9)
Attachment No. 7.7HB -295-Item 14. - 37
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 8
b) Result in substantial soil erosion, loss of topsoil, or
changes in topography or unstable soil conditions from
excavation, grading, or fill? (Sources: 4 and 9)
c) Be located on a geologic unit or soil that is unstable, or
that would become unstable as a result of the project,
and potentially result in on or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
(Sources: 4 and 9)
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating
substantial risks to life or property? (Sources: 4 and 9)
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative waste water disposal systems
where sewers are not available for the disposal of
wastewater (Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No new
development or physical changes are proposed. No impacts relating to fault rupture, seismic ground shaking,
ground failure, landslides, or any other geologic or soil conditions are anticipated.
IV. HYDROLOGY AND WATER QUALITY. Would
the project:
a) Violate any water quality standards or waste discharge
requirements? (Sources: 4 and 9)
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of
the local groundwater table level (e.g., the production
rate of pre-existing nearby wells would drop to a level
which would not support existing land uses or planned
uses for which permits have been granted? (Sources: 3,
4, and 9)
c) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, in a manner which would
Attachment No. 7.8HB -296-Item 14. - 38
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 9
result in substantial erosion or siltation on or off-site?
(Sources: 3, 4, and 9)
d) Substantially alter the existing drainage pattern of the
site or area, including through the alteration of the
course of a stream or river, or substantially increase the
rate or amount or surface runoff in a manner which
would result in flooding on or off-site? (Sources: 3, 4,
and 9)
e) Create or contribute runoff water which would exceed
the capacity of existing or planned stormwater drainage
systems or provide substantial additional sources of
polluted runoff? (Sources: 3, 4, and 9)
f) Otherwise substantially degrade water quality?
(Sources: 4 and 9)
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation
map? (Sources: 4, 7, and 9)
h) Place within a 100-year flood hazard area structures
which would impede or redirect flood flows? (Sources:
4, 7, and 9)
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as
a result of the failure of a levee or dam? (Sources: 4, 7,
and 9)
j) Inundation by seiche, tsunami, or mudflow? (Sources: 1
and 9)
k) Potentially impact stormwater runoff from construction
activities? (Sources: 4 and 9)
l) Potentially impact stormwater runoff from post-
construction activities? (Sources: 4 and 9)
Attachment No. 7.9HB -297-Item 14. - 39
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 10
m) Result in a potential for discharge of stormwater
pollutants from areas of material storage, vehicle or
equipment fueling, vehicle or equipment maintenance
(including washing), waste handling, hazardous
materials handling or storage, delivery areas, loading
docks or other outdoor work areas? (Sources: 4 and 9)
n) Result in the potential for discharge of stormwater to
affect the beneficial uses of the receiving waters?
(Sources: 4 and 9)
o) Create or contribute significant increases in the flow
velocity or volume of stormwater runoff to cause
environmental harm? (Sources: 4 and 9)
p) Create or contribute significant increases in erosion of
the project site or surrounding areas? (Sources: 3, 4, and
9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that could violate water quality standards, affect groundwater,
alter existing drainage patterns, impact stormwater drainage systems or runoff, or result in a potential for
discharge of stormwater/pollutants. It does not propose the construction of any structures within a 100-year
flood hazard area that could impede flood flows. It will not expose people to a significant risk of loss, injury or
death involving flooding or failure of a levee or dam or inundation by seiche, tsunami, or mudflow.
V. AIR QUALITY. The city has identified the significance
criteria established by the applicable air quality management
district as appropriate to make the following determinations.
Would the project:
a) Violate any air quality standard or contribute
substantially to an existing or projected air quality
violation? (Sources: 4 and 9)
b) Expose sensitive receptors to substantial pollutant
concentrations? (Sources: 3, 4, and 9)
c) Create objectionable odors affecting a substantial
number of people? (Sources: 3, 4, and 9)
Attachment No. 7.10HB -298-Item 14. - 40
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 11
d) Conflict with or obstruct implementation of the
applicable air quality plan? (Sources: 4 and 9)
e) Result in a cumulatively considerable net increase of
any criteria pollutant for which the project region is non-
attainment under an applicable federal or state ambient
air quality standard (including releasing emissions
which exceed quantitative thresholds for ozone
precursors)? (Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would violate air quality standards, expose sensitive
receptors to substantial pollutant concentrations, create objectionable odors, or conflict with implementation of
an air quality plan. No impacts are anticipated.
VI. TRANSPORTATION/TRAFFIC. Would the project:
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the
performance of the circulation system, taking into
account all modes of transportation including mass
transit and non-motorized travel and relevant
components of the circulation system, including but not
limited to intersections, streets, highways and freeways,
pedestrian and bicycle paths, and mass transit?
(Sources: 1, 4, and 9)
b) Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other
standards established by the county congestion
management agency for designated roads or highways?
(Sources: 1, 4, and 9)
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks? (Sources: 3, 4, and 9)
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses? (Sources: 3 and 4)
e) Result in inadequate emergency access? (Sources: 3 and
Attachment No. 7.11HB -299-Item 14. - 41
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 12
4)
f) Result in inadequate parking capacity? (Sources: 3 and
4)
g) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities,
or otherwise decrease the performance or safety of such
facilities? (Sources: 1, 4, and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would result in any additional traffic or congestion, change
in air traffic patterns, increase hazards due to a design feature, or affect emergency access, parking, or any
component of the circulation system. No impacts are anticipated.
VII. BIOLOGICAL RESOURCES. Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified
as a candidate, sensitive, or special status species in
local or regional plans, policies, or regulations, or by the
California Department of Fish and Game or U.S, Fish
and Wildlife Service? (Sources: 1 and 4)
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local
or regional plans, policies, regulations, or by the
California Department of Fish and Game or US Fish and
Wildlife Service? (Sources: 1 and 4)
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water
Act (including, but not limited to, marsh, vernal pool,
coastal, etc.) through direct removal, filling,
hydrological interruption, or other means? (Sources: 1
and 4)
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife
corridors or impede the use of native wildlife nursery
sites? (Sources: 1 and 4)
Attachment No. 7.12HB -300-Item 14. - 42
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 13
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy
or ordinance? (Sources: 1, 2, and 4)
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation
Plan, or other approved local, regional, or state habitat
conservation plan? (Sources: 1, 4, and 5)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would impact biological resources, habitat, wetlands,
migration, or any conservation plans. No impacts are anticipated.
VIII. MINERAL RESOURCES. Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state? (Sources: 4 and 9)
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local
general plan, specific plan, or other land use plan?
(Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would result in the loss of availability of a mineral resource
or a recovery site. No impacts are anticipated.
IX. HAZARDS AND HAZARDOUS MATERIALS.
Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or
disposal of hazardous materials? (Sources: 4 and 9)
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment? (Sources: 4 and 9)
c) Emit hazardous emissions or handle hazardous or
Attachment No. 7.13HB -301-Item 14. - 43
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 14
acutely hazardous material, substances, or waste within
one-quarter mile of an existing or proposed school?
(Sources: 4 and 9)
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to
Government Code Section 65962.5 and, as a result,
would it create a significant hazard to the public or the
environment? (Sources: 13)
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or pubic use airport, would the
project result in a safety hazard for people residing or
working in the project area? (Sources: 3, 4, and 11)
f) For a project within the vicinity of a private airstrip,
would the project result in a safety hazard for people
residing or working in the project area? (Sources: 3 and
4)
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan? (Sources: 4 and 9)
h) Expose people or structures to a significant risk of loss,
injury, or death involving wildland fires, including
where wildlands are adjacent to urbanized areas or
where residences are intermixed with wildlands?
(Sources: 3 and 4)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would create a public hazard relating to the transport, use,
disposal, or release of hazardous waste; air traffic safety hazard; interference with emergency response or
evacuation plan; or exposure to wildfires. No impacts are anticipated.
X. NOISE. Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan
or noise ordinance, or applicable standards of other
agencies? (Sources: 1 and 4)
Attachment No. 7.14HB -302-Item 14. - 44
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 15
b) Exposure of persons to or generation of excessive
groundborne vibration or groundborne noise levels?
(Sources: 4 and 9)
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existing without the
project? (Sources: 4 and 9)
d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project? (Sources: 4 and 9)
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project expose people residing or working in the project
area to excessive noise levels? (Sources: 3, 4, and 11)
f) For a project within the vicinity of a private airstrip,
would the project expose people residing or working in
the project area to excessive noise levels? (Sources: 3,
4, and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would generate or expose people to excessive noise or
vibration in the short- or long-term. No impacts are anticipated.
XI. PUBLIC SERVICES. Would the project result in
substantial adverse physical impacts associated with the
provision of new or physically altered governmental
facilities, the construction of which could cause significant
environmental impacts, in order to maintain acceptable
service ratios, response times or other performance
objectives for any of the public services:
a) Fire protection? (Sources: 1 and 4)
b) Police Protection? (Sources: 1 and 4)
Attachment No. 7.15HB -303-Item 14. - 45
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 16
c) Schools? (Sources: 1 and 4)
d) Parks? (Sources: 1 and 4)
e) Other public facilities or governmental services?
(Sources: 1 and 4)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would result in an increase in the demand for public
services or the need for new or physically altered governmental facilities. No impacts are anticipated.
XII. UTILITIES AND SERVICE SYSTEMS. Would
the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
(Sources: 4 and 9)
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause
significant environmental effects? (Sources: 4 and 9)
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant
environmental effects? (Sources: 4 and 9)
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or are
new or expanded entitlements needed? (Sources: 4 and
9)
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it
has adequate capacity to serve the project’s projected
demand in addition to the provider’s existing
commitments? (Sources: 4 and 9)
f) Be served by a landfill with sufficient permitted capacity
Attachment No. 7.16HB -304-Item 14. - 46
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 17
to accommodate the project’s solid waste disposal
needs? (Sources: 4 and 9)
g) Comply with federal, state, and local statutes and
regulations related to solid waste? (Sources: 4 and 9)
h) Include a new or retrofitted storm water treatment
control Best Management Practice (BMP), (e.g. water
quality treatment basin, constructed treatment
wetlands?) (Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would result in an increase in demand for utilities, or
service systems, or the construction of new facilities. No impacts are anticipated.
XIII. AESTHETICS. Would the project:
a) Have a substantial adverse effect on a scenic vista?
(Sources: 1, 4, and 5)
b) Substantially damage scenic resources, including, but
not limited to, trees, rock outcroppings, and historic
buildings within a state scenic highway? (Sources: 1, 4,
and 5)
c) Substantially degrade the existing visual character or
quality of the site and its surroundings? (Sources: 1, 4,
and 5)
d) Create a new source of substantial light or glare which
would adversely affect day or nighttime views in the
area? (Sources: 4 and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would have a substantial adverse impact on a scenic vista,
affect the visual character of the area, or create a new source of light or glare. It does not propose removal or
alteration of scenic resources including trees, rock outcroppings, and historic buildings within a state scenic
highway. No impacts are anticipated.
XIV. CULTURAL RESOURCES. Would the project:
Attachment No. 7.17HB -305-Item 14. - 47
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 18
a) Cause a substantial adverse change in the significance of
a historical resource as defined in 15064.5? (Sources:
1 and 4)
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to 15064.5?
(Sources: 1 and 4)
c) Directly or indirectly destroy a unique paleontological
resource or site unique geologic feature? (Sources: 1
and 4)
d) Disturb any human remains, including those interred
outside of formal cemeteries? (Sources: 1 and 4)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would impact a historic, archaeological, or paleontological
resource, or disturb any human remains. No impacts are anticipated.
XV. RECREATION. Would the project:
a) Would the project increase the use of existing
neighborhood, community and regional parks or other
recreational facilities such that substantial physical
deterioration of the facility would occur or be
accelerated? (Sources: 1, 4, and 9)
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities
which might have an adverse physical effect on the
environment? (Sources: 1, 4, and 9)
c) Affect existing recreational opportunities? (Sources: 1,
4, and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that would increase the use of, or affect park and recreational
facilities, or require the construction or expansion of recreational facilities. No impacts are anticipated.
Attachment No. 7.18HB -306-Item 14. - 48
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 19
XVI. AGRICULTURE RESOURCES. In determining
whether impacts to agricultural resources are significant
environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept.
of Conservation as an optional model to use in assessing
impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use? (Sources: 3, 4, and 9)
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract? (Sources: 3, 4, and 9)
c) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use? (Sources: 3, 4, and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. It does not
propose converting any farmland to non-agricultural use or changing existing zoning for agricultural use. No
impacts are anticipated.
XVII. GREENHOUSE GAS EMISSIONS. Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment? (Sources: 1, 4, and 9)
b) Conflict with an applicable plan, policy or regulation adopted
for the purpose of reducing the emissions of greenhouse
gases? (Sources: 1, 4, and 9)
Discussion: The project involves modifying the flood requirements for beachfront properties in Sunset Beach
and using the current FEMA flood insurance rate map as the basis for floodplain management. No
development or physical changes are proposed that will result in any emissions. Therefore, it would not generate
greenhouse gas emissions or conflict with any plan, policy, or regulation adopted to reduce greenhouse gas
emissions. No impacts are anticipated.
Attachment No. 7.19HB -307-Item 14. - 49
ISSUES (and Supporting Information Sources):
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigation
Incorporated
Less Than
Significant
Impact
No Impact
Page 20
XVIII. MANDATORY FINDINGS OF SIGNIFICANCE.
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of
a rare or endangered plant or animal or eliminate important
examples of the major periods of California history or
prehistory? (Sources: 1, 3, 4, 5, and 9)
b) Does the project have impacts that are individually limited,
but cumulatively considerable? (“Cumulatively
considerable” means that the incremental effects of a project
are considerable when viewed in connection with the effects
of past projects, the effects of other current projects, and the
effects of probable future projects.) (Sources: 1, 3, 4, 5, 7,
and 9)
c) Does the project have environmental effects which will cause
substantial adverse effects on human beings, either directly or
indirectly? (Sources: 1, 3, 4, 5, 7, and 9)
Discussion: As discussed in Sections I-XVII, the project involves modifying the flood requirements for beachfront
properties in Sunset Beach and using the current FEMA flood insurance rate map as the basis for floodplain
management. It does not include any changes to the General Plan land use designation, zoning base district
designation, or any other zoning standards for any property. No development or physical changes are proposed.
Therefore, it does not have the potential to degrade the quality of the environment, substantially reduce the habitat
of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to
eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or
animal or eliminate important examples of the major periods of California history or prehistory. It would not result
in any cumulatively considerable adverse impacts or cause substantial adverse effects on human beings. No
impacts are anticipated.
Attachment No. 7.20HB -308-Item 14. - 50
G:\ENVIRONM\CHECKLST Page 21
XIX. EARLIER ANALYSIS/SOURCE LIST.
Earlier analyses may be used where, pursuant to tiering, program EIR, or other CEQA process, one or more effects
have been adequately analyzed in an earlier EIR or negative declaration. Section 15063 (c)(3)(D). Earlier
documents prepared and utilitized in this analysis, as well as sources of information are as follows:
Earlier Documents Prepared and Utilized in this Analysis:
Reference # Document Title Available for Review at:
1 City of Huntington Beach General Plan City of Huntington Beach Community
Development Dept., 2000 Main St.
Huntington Beach and at
http://www.huntingtonbeachca.gov/Gover
nment/Departments/Planning/gp/index.cf
m
2 City of Huntington Beach Zoning and Subdivision Ordinance City of Huntington Beach City Clerk’s
Office, 2000 Main St., Huntington Beach
and at
http://www.huntingtonbeachca.gov/govern
ment/elected_officials/city_clerk/zoning_c
ode/index.cfm
3 Project Vicinity Map
4 Legislative Draft of ZTA No. 16-003
Community Development Dept.
Community Development Dept.
5 Draft Sunset Beach Specific Plan (Nov. 2015) City of Huntington Beach Community
Development Dept., 2000 Main St.
Huntington Beach
and at
http://huntingtonbeachca.gov/files/users/pl
anning/Sunset-Beach-Specific-Plan-
Draft.pdf
6 City of Huntington Beach Geotechnical Inputs Report City of Huntington Beach Community
Development Dept., 2000 Main St.
Huntington Beach
7 FEMA Flood Insurance Rate Map (December 2009) “
8 CEQA Air Quality Handbook
South Coast Air Quality Management District (1993)
“
9 City of Huntington Beach CEQA Procedure Handbook “
10 Trip Generation Handbook, 7th Edition, Institute of Traffic
Engineers
“
11 Airport Environs Land Use Plan for Joint Forces Training
Base Los Alamitos (Oct. 17, 2002)
“
Attachment No. 7.21HB -309-Item 14. - 51
Page 22
12
State Seismic Hazard Zones Map
“
13
Hazardous Waste and Substances Sites List
http://www.calepa.ca.gov/sitecleanup/cort
eselist/
14
City of Huntington Beach Municipal Code
City of Huntington Beach City Clerk’s
Office, 2000 Main St., Huntington Beach
and at
http://www.huntingtonbeachca.gov/govern
ment/charter_codes/municipal_code.cfm
Attachment No. 7.22HB -310-Item 14. - 52
RESPONSE TO COMMENTS FOR DRAFT
NEGATIVE DECLARATION NO. 16-001
I. This document serves as the Response to Comments on the Draft Negative
Declaration (ND) No. 16-001. This document contains all information available in
the public record related to the ND as of November 29, 2016 and responds to
comments in accordance with Section 15088 of the California Environmental Quality
Act (CEQA) Guidelines.
This document contains five sections. In addition to this Introduction, these sections
are Public Participation and Review, Comments, Responses to Comments, and
Appendix.
The Public Participation section outlines the methods the City of Huntington Beach
has used to provide public review and solicit input on the Draft ND. The Comments
section contains those written comments received from agencies, groups,
organizations, and individuals as of November 21, 2016. The Response to Comments
section contains individual responses to each comment.
It is the intent of the City of Huntington Beach to include this document in the official
public record related to the Draft ND. Based on the information contained in the
public record, the decisionmakers will be provided with an accurate and complete
record of all information related to the environmental consequences of the project.
II. PUBLIC PARTICIPATION AND REVIEW
The City of Huntington Beach notified all responsible and interested agencies and
interested groups, organizations, and individuals that a Draft ND had been prepared for
the proposed project. The City also used several methods to solicit input during the
review period for the preparation of the Draft ND. The following is a list of actions taken
during the preparation, distribution, and review of the Draft ND.
1. A 30-day public review period starting October 20, 2016 and ending
November 21, 2016 for the Draft ND was established.
2. Notice of the Draft ND was published in the Huntington Beach Wave on
October 20, 2016. Upon request, copies of the document were distributed to
agencies, groups, organizations, and individuals.
III. COMMENTS
Copies of all written comments received as of November 21, 2016 are contained in
Appendix A of this document. All comments have been numbered. Responses to
Comments for each comment which raised an environmental issue are contained in this
document.
Attachment No. 7.23HB -311-Item 14. - 53
2
IV. RESPONSE TO COMMENTS
Draft ND No. 16-001 was distributed to interested groups, organizations, and individuals.
The report was made available for public review and comment for a period of 30 days.
Copies of all documents received as of November 21, 2016 are contained in Appendix A
of this report. Comments have been numbered with responses correspondingly
numbered. Responses are presented for each comment which raised a significant
environmental issue.
Several comments do not address the completeness or adequacy of the Draft ND, do not
raise significant environmental issues, or request additional information. A substantive
response to such comments is not appropriate within the context of the California
Environmental Quality Act (CEQA). Such comments are responded to with a “comment
acknowledged” reference. This indicates that the comment will be forwarded to all
appropriate decision makers for their review and consideration.
CHRISTINE HENDERSON - 1
Comment: See Appendix A.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
PHYLLIS MAYWHORT - 1
Comment: See Appendix A.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 1
Comment: See Appendix A.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
Attachment No. 7.24HB -312-Item 14. - 54
3
TONY SELLAS - 2
Comment: See Appendix A for Sellas slide 1.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 3
Comment: See Appendix A for Sellas slide 2.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
As noted on page 25 of the City Council approved November 2015 Sunset Beach
Specific Plan (SBSP), the County started constructing a Sunset Beach seasonal berm over
a decade ago. The City assumed construction of the berm after annexation.
TONY SELLAS - 4
Comment: See Appendix A for Sellas slide 3.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 5
Comment: See Appendix A for Sellas slide 4.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 6
Comment: See Appendix A for Sellas slide 5.
Response: These comments do not address the completeness or adequacy of the draft
Attachment No. 7.25HB -313-Item 14. - 55
4
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
The excerpt from the 1985 County flood study referenced in slide 5 states that the flood
protection as regulated by the design guidelines in the 1985 flood study will not provide
protection from wave impact forces should the beach retreat to less than 150 feet in
width. These design guidelines include the use of pilings/caissons, among other things,
but not the seasonal berm.
TONY SELLAS - 7
Comment: See Appendix A for Sellas slide 6.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
The County had existing parameters for building the seasonal berm and the City has
continued those parameters upon annexation. The City uses the engineering firm of
Moffatt and Nichol to provide direction on how to construct the berm each year based on
the predicted weather patterns and tides.
TONY SELLAS - 8
Comment: See Appendix A for Sellas slide 7.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 9
Comment: See Appendix A for Sellas slide 8.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 10
Comment: See Appendix A for Sellas slide 9.
Attachment No. 7.26HB -314-Item 14. - 56
5
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
TONY SELLAS - 11
Comment: See Appendix A for Sellas slide 10.
Response: These comments do not address the completeness or adequacy of the draft
ND, do not raise significant environmental issues, or request additional information. A
substantive response to such comments is not appropriate within the context of CEQA.
Comments acknowledged and will be forwarded to all appropriate decisionmakers for
their review and consideration.
V. APPENDIX A
Attachment No. 7.27HB -315-Item 14. - 57
From:Christine Henderson
To:Ramos, Ricky
Subject:Draft Negative Declaration No. 16-001
Date:Friday, November 11, 2016 5:23:17 PM
This is in reference to the public notice I received for amendments to the Sunset Beach Specific Plan (SBSP)
beachfront Flood Requirements.
I am against any changes to the current requirements of pilings or caissons for beachfront property. I also do not
agree with the Zone Text Amendment (ZTA) No. 16-003, Zoning Map Amendment (ZMA) No. 16-001, and the
Local Coastal Program Amendment (LCPA) No. 16-001.
I do not agree with the amendments for the following reasons:
1. Oceans are rising due to global warming, so it would be foolhardy to amend beachfront flood requirements which
comply with the 1985 County of Orange Coastal Flood Plain Development Study.
2.Houses not built on caissons or pilings would incur more damage in the event of beachfront flooding. Insurance
companies would increase everyone’s insurance fees to pay for the damage and, frankly, I don’t want to pay for it.
3. The trend in beach city real estate is investment groups, some of which do not understand the special
environmental circumstances that come with building and maintaining property at the beach, buying property for
cash. I foresee the knowledge regarding a need for caissons or pilings falling by the wayside to the detriment of
future owners or renters.
4. I may be cynical, but the property owner who proposed to build two new beachfront single family dwellings
without pilings or caissons sounds like a developer trying to build dwellings as cheaply as possible and make a
quick buck off some hapless buyer who is unfamiliar with beachfront living.
For the above reasons, I believe it would be penny-wise and pound-foolish to amend ZTA No. 16-003, ZMA No.
16-001, and LCPA No. 16-001.
Thank you for your time,
Christine V. Henderson
CHRISTINE HENDERSON - 1
Attachment No. 7.28HB -316-Item 14. - 58
From:Phyllis Maywhort
To:CITY COUNCIL; Ramos, Ricky; Mike Van Voorhis; Tim McCormack
Subject:Amendments to Sunset Beach Specific Plan Beachfront Flood Requirements, Negative Declaration 16-001
Date:Sunday, November 13, 2016 3:46:32 PM
Hello,
What short memories we all seem to have!
In 1982 there was extensive flooding in Sunset Beach due to a combination of heavy rain, very high tide that
stayed high for more hours than predicted, and strong winds. Waves from the ocean went through one house
under construction on South Pacific (the oceanfront street), over the greenbelt and onto Pacific Coast
Highway. Other flooding from the oceanfront went through the street ends and on to Pacific Coast Hwy. Traffic
could not get through on Pacific Coast Highway because of flooding and sand build up.
Builders constructing new homes on the oceanfront may not want to be required to have either caissons or pilings,
probably because of the additional cost involved. The builders "hit and run". They build the homes, sell them and
go on to other projects elsewhere, leaving the homeowners and the rest of the community to deal with the
problems left behind.
Please deny the requested changes to the Sunset Beach Specific Plan Beachfront Flood Requirements.
Sincerely,
Phyllis W. Maywhort
Francis A. Maywhort
16851 Bay View Drive, P. O. Box 198
Sunset Beach, CA 90742
Home: (562) 592-1606
Cell: (562) 243-0787
e-mail: pmaywhort@yahoo.com
November 13, 2016
PHYLLIS MAYWHORT - 1
Attachment No. 7.29HB -317-Item 14. - 59
From:tony sellas
To:Planning Commission; Ramos, Ricky
Subject:Sunset Beach"s FP-3 Negative Declaration study .
Date:Monday, November 21, 2016 11:11:56 PM
Attachments:11-09-2016_Sunset Beach_FP3 study1..pptx
Hello,
Please find my concerns and observations about the Sunset Beach FP-3 negative declaration
study. I will be sending this report to the Coastal Commission too for their review.
My major concern is the Seasonal berm will be used to justify the removal of the FP-3 line.
Also is there a study or Coastal permit for the seasonal berm?
Please submit my report per the Draft ND No. 16-001 which has been made available for a 30-
day public review period from October 20, 2016 to November 21, 2016
Thank you,
Tony Sellas
TONY SELLAS - 1
Attachment No. 7.30HB -318-Item 14. - 60
Overview of the FP3 issue
•This report does not address any of the building standards.
•My concern is the removal of the FP3 line will be replace by the seasonal seaward berm
•This report compares the flood standard before the Nov. 2015 SBSP to the new City flood standards
created the Nov. 2015 SBSP. `
•The Nov 2015 SBPS flood requirements have no supporting studies or documents and the seasonal berm
conflicts with the 1985 Flood study for the miniumum width of 150 feet and the SBSP
•Slide #2 Final Annexation study expenditure report. A seasonal berm was not included and ther was no
cost reported.
1)Slide #3 show the narrowest section of Sunset Beach.
2)Slide #4 – The Feb 28, 2010 Anderson Street flooding was the excuse to add a seasonal seaward berm
and increase the minimum beach width requirement from 150 ft. to 250 ft.
3)Slide #5 - Compares the definitions of the Nov 2015 SBSP to the 1985 Flood plan.
4)Slide #6 – Vista views and public access lost when the season seaward berm is constructed
5)Slide #7 – Show the vista views.
6)Slide #8- Definition of an artificial berm
7)Slide #9 – Provide a formula for a artificial berm
8)Slide #10 – Conclusion
TONY SELLAS - 2
Attachment No. 7.31HB -319-Item 14. - 61
http://records.huntingtonbeachca.gov/sirepub/cache/16/csruc1usmhkf1vaq0awxxku
h/231080011072016091034219.PDF
The final April 27, 2010 Sunset Beach Annexation studied the
expenditures associated with the beach maintenance in Sunset
Beach.
1)The beach cleanup and tractor service.
2)The equipment storage
3)And the sand replenishment program .
Important-
The study didn’t include any seasonal seaward berm program or
any expenditures. So when did the seasonal seaward berm
program start.
It had to be after Oct 18, 2010 City Council meeting where the
City approved the first Oct 2010 Draft Sunset Beach Specific Plan.
The seasonal seaward berm is the Huntington Beach’s Planning
staff idea and since Oct 18, 2010 to Nov. 2015 the planning staff
was executing the program, which was not consistent with the
SBSP..
TONY SELLAS - 3
Attachment No. 7.32HB -320-Item 14. - 62
This is a measurement of the shortest part of Sunset Beach. Before the Nov 2015 SBSP the specification
was 150 ft. before an emergency berm was constructed. After the Nov 2015 SBSP the City’s minimum
requirement is 250 ft. and now a seasonal berm will be constructed.
With the picture below means Sunset Beach will always be required to have a seasonal berm TONY SELLAS - 4
Attachment No. 7.33HB -321-Item 14. - 63
http://www.huntingtonbeachca.gov/files/users/planning/Sunset-Beach-Specific-
Plan-Draft.pdf
The statement below is only located in the Nov. 15, 2015. It is
not found in any other document.
The flood that occurred down Anderson street
happened on Feb 28, 2010. It hasn’t happen
since then. Also the last flood was in 1983.
http://abc7.com/archive/7303345/
This is found in all of the 1990 and draft SBSP’s
Pg. 45
Conflict of interest.
1.No governmental agency shall construct a berm unless to
protect existing structure in danger from erosion.
2.The City bypassed the requirement above. The reasoning is
because it to help minimize the risk of coastal flooding.
3.Number 2 violates the all versions of the SBSP.
TONY SELLAS - 5
Attachment No. 7.34HB -322-Item 14. - 64
In the 1985 flood study and in both the of
the 1990 and Oct. 2010 SBSP the only time
temporary berm was to be built was when
the beach was less than 150ft and it was a
emergency condition.
1985 Flood report
Nowhere in any of the 1985 Flood Study or the
1990 and Oct 2010 SPSB does is say 250 ft. beach
width is the minimum requirements. Before the
Nov 2015 SBPS the minimum requirement before
any action is to be taken was 150ft.
Nov. 2015 SBSP
Nowhere in 1985 flood study and in both of the 1990 and Oct.
2010 SBSP does it mention or gives a time table for a temporary
emergency berm.
Pre Nov 2015 SBSP the only artificial berm solution was located
behind the homes in the FP3 zone.
The City Staff made up this time table and condition.
This is a Comparison between the City’s requirement
for a temporary and what is really required per the
1985 flood study and the 1990 and Oct 2010 SBSP.
Note as far as I know there is no study to back the
City’s 250 beach width requirement and time table.
The City made it up. I don’t even think there is a
Coastal Development Permit.
TONY SELLAS - 6
Attachment No. 7.35HB -323-Item 14. - 65
found in the 1990 SBSP
and all of the revisions.
If a seasonal seaward berm is required to be built
every year to offset the removal of the FP3 I believe
the general public will be the biggest losers. The
winner will be the one time home builder.
Since there is no study to determine the minimum
height of the berm the berm can be built at any height.
Question:
At what height of the dune violates the Sunset Beach
specific plan section 2.2.4 and 2.2.5
TONY SELLAS - 7
Attachment No. 7.36HB -324-Item 14. - 66
The removal of the FP3 instead of
the seasonal seaward berm is a win
for the one time home builder and
is a lost to all home owners living
on South Pacific and the general
public because the general public
will lose the views from the beach
point access vista viewpoints and
lose easy access to the water.
TONY SELLAS - 8
Attachment No. 7.37HB -325-Item 14. - 67
The X flood zone does not require any artificial berms to
be built.
The removal of the FP3 inluuuu of the seasonal seaward
berm is a win for the one time home builder and is a lost
to all home owners living on South Pacific and the
general public because the general public will lose the
views from the beach point access vista points and lose
easy access to the water.
If the FP3 is removed what will stop residents from
challenging and reversing the artificial dunes behind the
houses.
To justify erecting an artificial dune requires a structure
to be in FP3 flood zone.
From the 1985 Flood report
TONY SELLAS - 9
Attachment No. 7.38HB -326-Item 14. - 68
The Nov 2015 revised SBSP seasonal seaward berm.
Has there been a study to determine if the required
height and width need for a secondary protect.
Question:
1)Does the height of the seasonal berm block the views
from the vista points.
2)Does the height of the seasonal berm deny access to
the handicap, elderly and family with little children?
3)Should the seasonal berm
TONY SELLAS - 10
Attachment No. 7.39HB -327-Item 14. - 69
Conclusion.
1.My concern is the removal of the FP3 line will be replace by the seasonal seaward berm. The removal of the FP3 line is a win
for the home builder and is a lost to all home owners living on South Pacific and the general public because the general
public might lose the views from the beach vista points and lose easy access to the water.
2.Where is the sand to build the berm coming from? I was told the sand is being pushed from the high tideline. In this case
does this lower the natural berm and reduces the steepness of the beach? Will this cause more erosinon?
3.Is the seasonal berm a major factor to remove the FP3 line.
4.If the FP3 is removed what will stop residents from challenging and removing the artificial dunes behind the houses because
the berm is restricting their view.
5.To justify the construction of an artificial dune to protect any structures requires the structure to be in the FP3 flood zone.
6.The City needs to produce a report or study to support the following items.
1.An approved Coastal Commission development permit allowing a season berm to be constructed. Before it was an
emergency.
2.A justification to increase the minimum beach width requirement from 150 to 250 ft.
3.If a seasonal seaward berm is to be constructed what is the minimum require height/width to protect the structures and
maintain the vista points and not to deny access to the beach for the handicap, elderly or families with strollers.
4.No governmental agency shall construct a berm unless to protect existing structure in danger from erosion. The
seasonal seaward berm is constructed to minimize the risk of coastal flooding.
5.Before the Nov 2015 SBSP a seaward berm was construct in an emergency or when there was an El nino. After the Nov
2015 SBSP the seasonal seaward berm is construct because the beach narrows below 250 ft.
6.When did the seasonal seaward berm become a major component of the Sunset Beach Flood plan?
TONY SELLAS - 11
Attachment No. 7.40HB -328-Item 14. - 70
Flood Risk Review Meeting: Open Pacific Coast StudyOrange CountyMarch 8 and 9, 2016Attachment No. 8.1HB -329-Item 14. - 71
2Flood Risk Review Meeting for Orange CountyCalifornia Coastal Analysis and Mapping ProjectOpen Pacific Coast StudyFederal Emergency Management Agency - Region IX Ed Curtis, PE, CFM–Regional Engineer, Study ManagerMark Delorey – Natural Hazards Program SpecialistCommunity RepresentativesOrange County, Cities of Dana Point, Huntington Beach, Laguna Beach, Newport Beach, San Clemente, Seal BeachFEMA Production and Technical Services Contractor Sarah Houghland, Engineer | Project ManagerKarin Ohman, Coastal EngineerLisa Messano, Outreach CoordinatorAron Langley, GIS AnalystWelcome and IntroductionsPlease enter your contact information on the sign-in sheetAttachment No. 8.2HB -330-Item 14. - 72
3Why We’re HereProvide an overview of FEMA’s•National Flood Insurance Program (NFIP)•Risk Mapping, Analysis, and Planning (MAP) Program•Open Pacific Coast (OPC) StudyReview FEMA’s•Coastal study process and methodology•Draft Work Maps •Online tool for review and commentsDiscuss how FEMA products and datasets can •Support your flood risk communication•Inform decisions to reduce flood riskAnswer your questionsAttachment No. 8.3HB -331-Item 14. - 73
National Flood Insurance Program & Risk MAPAttachment No. 8.4HB -332-Item 14. - 74
5National Flood Insurance ProgramU.S. Congress established the National Flood Insurance Program with the passage of the National Flood Insurance Act of 1968Community adopts and enforces a floodplain management ordinance to reduce flood risk to new and existing development in mapped floodplainsFederal government makes flood insurance available to property owners in participating communitiesFor more information on the NFIP visit www.fema.gov Attachment No. 8.5HB -333-Item 14. - 75
6Risk MAPTo deliver quality data that increases public awareness and leads to action that reduces risk to life and propertyVisionObjective (Coastal)To provide updated flood hazard data for 100% of the populated U.S. coastAttachment No. 8.6HB -334-Item 14. - 76
7What is a FEMA Flood Insurance Rate Map (FIRM)?Attachment No. 8.7HB -335-Item 14. - 77
Open Pacific Coast StudyAttachment No. 8.8HB -336-Item 14. - 78
9Re-study flood risk along the open coast and inland bays of all California coastal countiesRe-map the elevation and inland extent of wave-induced coastal floodingwww.r9coastal.orgCalifornia Coastal Analysis and Mapping ProjectTwo Companion Large-Scale Efforts:Open Pacific Coast (OPC) StudySan Francisco Bay Area Coastal (BAC) StudyAttachment No. 8.9HB -337-Item 14. - 79
10Overall OPC Study ScheduleAttachment No. 8.10HB -338-Item 14. - 80
11Post Prelim Mapping ProcessMap ProductionPreliminary mapsCommunity reviewPreliminary FIRM meetingPost-Prelim ProcessingStatutory process for proposed BFEMap adoption: 6-month compliance periodMaps become EffectivePost-Preliminary ProcessingFinal Map Preparation andIssue Letter of Final DeterminationCompliancePeriod (Map panelsadopted by ordinance)Revised mapsbecome effectiveBFE Docket Preparation and Appeal Period 30-45 Days6 Months30 Days or More + 90 DaysCommunity Review90 DaysPreliminaryMapsPreliminary FIRM MeetingResilience MeetingCommunity MeetingsAttachment No. 8.11HB -339-Item 14. - 81
12Outreach Timeline for Community Floodplain ManagerDiscovery Meeting Orange Study Kick-offIssue Letter of Final Determination (LFD)Proposed Flood Hazard Determinations | Appeal PeriodFlood Risk Review Meeting Discuss coastal analysis and review draft work maps with Orange CountyResilience Workshop Implement actions to mitigate or reduce coastal flood risksPreliminary FIRM MeetingData AcquisitionCoastal AnalysisFloodplain MappingPrelim. Map ProductionPost Prelim ProcessImplement Outreach PlanWork Map Comment ToolProvide Study DataDevelop Community Outreach PlanOutreach Timeline | Open Pacific Coast StudyMap Production Timeline | Typical Coastal Flood StudyEffective Maps Physical Map Revision (PMR) January 2012TodaySeptember 2016March 2018Attachment No. 8.12HB -340-Item 14. - 82
Coastal Study ProcessAttachment No. 8.13HB -341-Item 14. - 83
14Coastal Study ProcessDiscoveryDataAcquisition/ProcessingEngineering AnalysesFloodplain MappingMap ProductionPost-PreliminaryProcessingO U T R E A C HT A P R E V I E WAttachment No. 8.14HB -342-Item 14. - 84
15Coastal Study ProcessIntermediate Data Submittals (IDS)IDS #1 – Scoping and Data Review•Field reconnaissance•Technical methodology•Data acquisitionIDS #2 – Offshore Waves and Water Levels•Deepwater wave modeling•Nearshore wave transformation modeling•Stillwater elevation analysesIDS #3 – Nearshore Hydraulics•Onshore analyses•Results = BFEsIDS #4 – Draft Flood Hazard Mapping•Determination of flood hazard areas•Draft Work MapsAttachment No. 8.15HB -343-Item 14. - 85
16Field Reconnaissance• Discovery - Community Input• Areas of Concern• Structures AssessmentAttachment No. 8.16HB -344-Item 14. - 86
17Seamless Bathymetry-Topography Data Set3 nm boundary offshore to 10 m elevation contourBathymetryLiDARTopography and Bathymetry California Coastal Mapping Program•Ocean Protection Council•NOAA•USACE•USGSMinimum 500 meter wide swatheData Acquisition & ProcessingAttachment No. 8.17HB -345-Item 14. - 87
18Analysis Methodology1-D Transect-based AnalysisAttachment No. 8.18HB -346-Item 14. - 88
19Data Acquisition & ProcessingWater LevelsStatistical tide frequency analysis for stillwater elevations (SWEL)•Based on long-term observed annual maxima tide data•50-, 20-, 10-, 4-, 2-, 1-, and 0.2-percent annual chance SWELs50-year (1960-2009) hourly stillwater level (SWL) time series•Long-term observed tide gauge records where available•Predicted tide data and storm surge correlations between gauges to fill temporal gaps•Incorporate results into total water level calculations (SWL + wave setup + wave run-up)Attachment No. 8.19HB -347-Item 14. - 89
20Data Acquisition & ProcessingGROWDeepwater Wave Hindcast – Oceanweather Inc.Global Reanalysis of Ocean Waves (GROW) Model50-year hourly hindcast of waves (1960-2009)SOCAL model provides wave spectra at 813 grid point locations Hindcast data and historical flood data validationReanalysis of significant storms (372 storms)COASTALSOCAL ModelGROWFine: NEPACAttachment No. 8.20HB -348-Item 14. - 90
21Data Acquisition & ProcessingNearshore Wave Transformation –Scripps Institution of Oceanography (SIO)SIO SHELF linear spectral refraction and shoaling model from deepwater to surf zone (15 m water depth every 200 m alongshore)50-year hourly hindcast of nearshore waves (1960-2009)Model validation with CDIP and NDBC buoy dataAttachment No. 8.21HB -349-Item 14. - 91
221-D Coastal Hazard AnalysesTransect-based analysis88 transectsTransect locations and density:•Shoreline characteristics•Shoreline orientation Exposure to storms•Nearshore bathymetry•Wave climate•Land use and developmentNorthAttachment No. 8.22HB -350-Item 14. - 92
23Total Water LevelComponents of the total water level (TWL)Astronomical tide (predicted tide): 5-7 ftSurge components: atmospheric pressure, wind setup, El Niño sea level effects: 1-4 ftWave components: wave setup + runup: 10-50 ftWave RunupDynamic Water Level (DWL)OvertoppingWave SetupSurge Stillwater Level (SWL)Total Water Level (TWL)SWL = Tide + surge (no wave effects)TWL = SWL + setup + runupTide LevelDatumAttachment No. 8.23HB -351-Item 14. - 93
24Setup and Runup Methods:StockdonSandy beachesDIMSlope < 1/8TAWSlope ≥ 1/8RevetmentsSPMVertical wallsOvertopping Method: Cox-MachemehlErosion: MK&A method with Kriebel-Dean time convolutionStatistical Analysis:Annual maxima with Generalized Extreme Value DistributionDynamic water levelPotential runupExtended slopeSWLOvertopping boreStatic + dynamic setupTWL0ft, NAVDOvertopping DepthOvertopping Limit(SFHA)Onshore Transect-Based AnalysesZone VEEngineering AnalysesAttachment No. 8.24HB -352-Item 14. - 94
25Inland extent of inundationSFHA boundaryWave heights along transectflood zone designations (VE and AE Zones) Wave crest elevations along transect BFEs Wave Crest ProfileH = 3 ftZone VEZone AEZone XSFHA BoundarySWELShoreline at map datumOnshore Transect-Based Analyses Results onto MapsEngineering AnalysesAttachment No. 8.25HB -353-Item 14. - 95
26Flood Hazard MappingSpecial Flood Hazard Area (SFHA) MappingZone VE: Inundated by 1-percent annual chance flood with additional wave-induced hazards (wave runup, wave overtopping splash, high velocity, or overland wave propagation); detailed BFE•Wave runup zone occurs where the ground profile is 3.0 feet or more below the TWL•Wave overtopping splash zone is the area landward of the crest of an overtopped barrier, in cases where the runup exceeds the barrier crest by 3.0 feet or more•High velocity flow zone landward of the overtopping splash zone, where the product of the depth of flow times the flood velocity squared (hv2) is greater than 200 ft3/s2•Breaking wave height zone where 3 ftor greater wave heights could occur•Primary frontal dune zoneZone AE: Inundated by 1-percent annual chance flood; detailed BFEThe VE, and AE high hazard zones carry mandatory flood insurance purchase requirementsZone X (shaded): Inundated by 0.2-percent annual chance flood (or inundated by <1 ft for 1-percent flood)Attachment No. 8.26HB -354-Item 14. - 96
27Flood Hazard MappingAttachment No. 8.27HB -355-Item 14. - 97
28Analysis and Mapping ExamplesExample LocationsTransect 11 – Huntington Beach (wave runup)Transect 4 – Seal Beach(beach nourishment)Transect 7 – Bolsa ChicaState Beach (inundation and backshore wave overtopping)Transect 73 – Dana Point Harbor (jetty overtopping)Attachment No. 8.28HB -356-Item 14. - 98
29Wave RunupTransect 11Coastal Analysis Results1% SWEL = 7.94 ft NAVD0.2% SWEL = 8.33 ft NAVD1% Runup (TWL) = 18.9 ft NAVD0.2% Runup (TWL) = 22.3 ft NAVDNo overtopping11Attachment No. 8.29HB -357-Item 14. - 99
30Beach NourishmentTransect 4Coastal Analysis Results1% SWEL = 7.94 ft NAVD0.2% SWEL = 8.33 ft NAVD1% Runup (TWL) = 20.0 ft NAVD0.2% Runup (TWL) = 22.2 ft NAVDModified beach nourishment transectOvertopping4Attachment No. 8.30HB -358-Item 14. - 100
31Beach NourishmentTransect 4Profile ComparisonStudy Terrain included much broader, nourished beachModified transect 4 to use SIO 2007 LiDAR on beach, more representative of natural conditionsAttachment No. 8.31HB -359-Item 14. - 101
32Inundation and OvertoppingTransect 7Coastal Analysis Results1% SWEL = 7.94 ft NAVD0.2% SWEL = 8.33 ft NAVD1% Runup (TWL) = 22.96 ft NAVDOvertopping distance from crest = 43.40 ft7Attachment No. 8.32HB -360-Item 14. - 102
33Inundation and OvertoppingTransect 7SWLBackshoreCrestSpecial Flood Hazard Area (SFHA) MappingThree hazard zones identified at this transect:Wave runup hazard zone: VE (El 23 ft NAVD) Overtopping hazard zones: VE (El 23 ft NAVD)WaveRunupForeshoreCrestAttachment No. 8.33HB -361-Item 14. - 103
34Jetty OvertoppingTransect 73Coastal Analysis Results1% SWEL = 7.94 ft. NAVD, 0.2% SWEL = 8.33 ft NAVD1% Runup (TWL) = 42.79 ft NAVD open coast, 16.64 ft. NAVD 88, sheltered73Overtopping and wave transmission over jettyRunup and overtopping calculated on sheltered revetmentAttachment No. 8.34HB -362-Item 14. - 104
35Outreach Timeline for Community Floodplain ManagerDiscovery Meeting Orange Study Kick-offIssue Letter of Final Determination (LFD)Proposed Flood Hazard Determinations | Appeal PeriodFlood Risk Review Meeting Discuss coastal analysis and review draft work maps with Orange CountyResilience Workshop Implement actions to mitigate or reduce coastal flood risksPreliminary FIRM MeetingData AcquisitionCoastal AnalysisFloodplain MappingPrelim. Map ProductionPost Prelim ProcessImplement Outreach PlanWork Map Comment ToolProvide Study DataDevelop Community Outreach PlanOutreach Timeline | Open Pacific Coast StudyMap Production Timeline | Typical Coastal Flood StudyEffective Maps Physical Map Revision (PMR) January 2012TodaySeptember 2016March 2018Attachment No. 8.35HB -363-Item 14. - 105
36Next StepsFEMA•Post the work maps online for review and comment at www.r9coastal.org•Produce Preliminary Maps and schedule preliminary FIRM meetingCommunity Officials•Review and comment on the draft work maps•Tailor outreach plan template•Begin communicating about flood riskAttachment No. 8.36HB -364-Item 14. - 106
37Stay Informed Throughout the StudyMeetings MaterialsStudy UpdatesWebsite: www.r9coastal.orgAttachment No. 8.37HB -365-Item 14. - 107
38FEMA Resources FEMA Region 9 Webpage www.fema.gov/fema-region-ix-arizona-california-hawaii-nevada-pacific-islandsFollow FEMA R9 via Twitter @femaregion9 Sign up for FEMA Email Updates atwww.fema.gov/subscribe-receive-free-email-updatesTopics: Region 9 NFIP / CCAMP / Region 9 Risk MAP Sign up for the California Coastal Analysis and Mapping Project (CCAMP) E-newsletter at www.r9map.org/SiteAssets/signUPNewsletter.htmlFloodSmart: floodsmart.gov - Get a quote, Find an agent Flood Map Center: msc.fema.gov - Print a flood map Ready.gov, Listo.gov, Ready.gov/business - Fact sheets, links to trainingAttachment No. 8.38HB -366-Item 14. - 108
39Flood risk products supplement information on the FIRM. They work alongside the regulatory products to provide additional flood risk information and help plan for resilience.Will be issued prior to Resilience Workshop (early 2017)Types of flood risk products:•Flood Risk Map, Flood Risk Report, and Flood Risk Database•Changes Since Last FIRM•Areas of Mitigation Interest•Coastal Depth Grid•Sea-Level Rise & Coastal ErosionCoastal Flood Risk ProductsPrepared for specific stretches of coast as requested by communityAttachment No. 8.39HB -367-Item 14. - 109
40Coastal Depth Grid Attachment No. 8.40HB -368-Item 14. - 110
41Sea-Level Rise & Coastal Erosion (Prototype)2050 Potential Shoreline Retreat2100 Potential Shoreline RetreatAttachment No. 8.41HB -369-Item 14. - 111
Online Work Map Commenting ToolAttachment No. 8.42HB -370-Item 14. - 112
43Flood Risk Review & Comment ToolPost draft Work Maps online at www.r9coastal.org for community reviewAccommodate community staff need to review data beyond the meeting timeframeReduce paper map products from the workflow – and reduce the potential for lost commentsAttachment No. 8.43HB -371-Item 14. - 113
44Comment ProcessWork Maps will soon be released for Orange County review Users will be provided a unique login and passwordWebEx-based demo Works Maps will be available for 60 daysAll comments will be recorded and archivedAttachment No. 8.44HB -372-Item 14. - 114
45Comment Tool – Legend and Comment FunctionToggle Map LegendCreate CommentAttachment No. 8.45HB -373-Item 14. - 115
Questions & AnswersAttachment No. 8.46HB -374-Item 14. - 116
Work Map ReviewAttachment No. 8.47HB -375-Item 14. - 117
0227
0113 0114 0118
0229 0233
0226 0231
0234
0232
0119
FLOOD HAZARD INFORMATION
SPECIAL FLOODHAZARD AREAS
OTHER AREAS OFFLOOD HAZARD
OTHERAREAS
GENERALSTRUCTURES
Without Base Flood Elevation (BFE)
With BFE or Depth
Regulatory Floodway
Area of Undetermined Flood Hazard
Areas of Minimal Flood Hazard
Non-accredited Levee, Dike, or Floodwall
Zone A,V, A99 Zone AE, AO, AH, VE, AR
Zone X
Zone D
HTTP://MSC.FEMA.GOV
THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT
NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAP
ORANGE COUNTY, CALIFORNIAAn d In c o rpo ra ted Area s
PANEL OF227 539
Panel Contains:
COMMUNITY NUMBER PANEL SUFFIX
0227
0227
K
K
HUNTINGTONBEACH, CITY OFSEAL BEACH,CITY OF
065034
060233
MAP NUMBER
MAP REVISED
06059C0227K
VERSION NUMBER2.3.3.1
SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP
Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)
Coastal Transect
OTHERFEATURES
Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary
18.2
Accredited or Provisionally AccreditedLevee, Dike, or Floodwall
Coastal Transect Baseline
SCALE
Map Projection:
NAD83 UTM Z o n e 11N
ORANGE COUNTY
PANEL LOCATOR
* PANEL NOT PRINTED
LOGO LOGO
NOTES TO USERS
Fo r in fo rm a tio n a n d questio n s a b o ut this m a p, a va ila b le pro duc ts a sso c ia ted with this FIRM in c ludin g histo ric versio n s o f this FIRM , ho w to o rder pro duc ts o r the Na tio n a l Flo o d In sura n c e Pro gra m in gen era l,plea se c a ll the FEM A M a p In fo rm a tio n eX c ha n ge a t 1-877-FEM A-M AP (1-877-336-2627) o r visit the FEM A M a p Servic e Cen ter web site a t http://m sc .fem a .go v. Ava ila b le pro duc ts m a y in c lude previo usly issued Letterso f M a p Cha n ge, a Flo o d In sura n c e Study Repo rt, a n d/o r digita l versio n s o f this m a p. M a n y o f these pro duc tsc a n b e o rdered o r o b ta in ed direc tly fro m the web site. Users m a y determ in e the c urren t m a p da te fo r ea c h FIRM pa n el b y visitin g the FEM A M a p Servic e Cen ter web site o r b y c a llin g the FEM A M a p In fo rm a tio n eX c ha n ge.
Co m m un ities a n n exin g la n d o n a dja c en t FIRM pa n els m ust o b ta in a c urren t c o py o f the a dja c en t pa n el a s well a sthe c urren t FIRM In dex. These m a y b e o rdered direc tly fro m the M a p Servic e Cen ter a t the n um b er listed a b o ve.
Fo r c o m m un ity a n d c o un tywide m a p da tes refer to the Flo o d In sura n c e Study repo rt fo r this jurisdic tio n .To determ in e if flo o d in sura n c e is a va ila b le in the c o m m un ity, c o n ta c t yo ur In sura n c e a gen t o r c a ll the Na tio n a lFlo o d In sura n c e Pro gra m a t 1-800-638-6620.
Channel, Culvert, or Storm Sewer
17.5
0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes.
Zone X
Zone X
Zone X
City of Seal Beach 060233
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City of Seal Beach 060233
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ZONE AE(EL 8)
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BOLSA AVECASE RDBOLSA AVE
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City of Huntington Beach 065034
ZONE VE(EL 20)
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ZONE VE(EL 24)
ZONE VE(EL 20)
No te: This a rea is sho wn a s b ein g pro tec ted fro m the 1-perc en t-a n n ua l-c ha n c e o r grea terflo o d ha za rd b y a levee system . Overto ppin g o r fa ilure o f a n y levee system is po ssib le.Fo r a dditio n a l in fo rm a tio n see the “Ac c redited Levee No te” in No tes to Users.
No te: This a rea is sho wn a s b ein g pro tec ted fro m the 1-perc en t-a n n ua l-c ha n c e o r grea terflo o d ha za rd b y a levee system . Overto ppin g o r fa ilure o f a n y levee system is po ssib le.Fo r a dditio n a l in fo rm a tio n see the “Ac c redited Levee No te” in No tes to Users.
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Seal Beach Naval Weapons Station
Seal Beach Naval Weapons Station
Seal Beach Naval Weapons Station
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19TH STZONE D
0 2,0001,000 Feet
1 inch = 500 feet 1:6,000
0 500250 M eters
W estern Hem isphere; V ertic a l Da tum :NAV D88
118°5'37.5"33°45'0"118°3'45"33°45'0"
118°3'45"33°43'7.5"118°5'37.5"33°43'7.5"
3732000mN
3733000mN
3734000mN
0399000mE 0400000mE 0401000mE
2215000 FT
2220000 FT
6005000 FT 6010000 FT
Ba se M a p in fo rm a tio n sho wn o n this FIRM wa s derived fro m m ultiple so urc es. Co a sta l Ca lifo rn ia LiDAR a n d Digita l Im a gery da ted 2011 wa s c o m piled fro m the Co a sta l Servic es Cen ter where a va ila b le, a n d it wa s supplem en ted with 2014 USDA Na tio n a l Agric ulture Im a gery Pro gra m 2014 (NAIP) Im a gery.
ACCREDITED LEV EE NOTES TO USERS: Chec k with yo ur lo c a l c o m m un ity to o b ta in m o re in fo rm a tio n , suc h a sthe estim a ted level o f pro tec tio n pro vided (whic h m a y exc eed the 1-perc en t-a n n ua l-c ha n c e level) a n d Em ergen c yAc tio n Pla n , o n the levee system (s) sho wn a s pro vidin g pro tec tio n fo r a rea s o n this pa n el. To m itiga te flo o drisk in residua l risk a rea s, pro perty o wn ers a n d residen ts a re en c o ura ged to c o n sider flo o d in sura n c e a n dflo o dpro o fin g o r o ther pro tec tive m ea sures. Fo r m o re in fo rm a tio n o n flo o d in sura n c e, in terested pa rties sho uldvisit the FEM A W eb site a t http://www.fem a .go v/b usin ess/n fip/in dex.shtm .
0113
PRELIMINARY
August 15, 2016
Attachment No. 9.1
HB -376-Item 14. - 118
0229
0241
0233
0226 0227 0231
0242
0234
0232
FLOOD HAZARD INFORMATION
SPECIAL FLOODHAZARD AREAS
OTHER AREAS OFFLOOD HAZARD
OTHERAREAS
GENERALSTRUCTURES
Without Base Flood Elevation (BFE)
With BFE or Depth
Regulatory Floodway
Area of Undetermined Flood Hazard
Areas of Minimal Flood Hazard
Non-accredited Levee, Dike, or Floodwall
Zone A,V, A99 Zone AE, AO, AH, VE, AR
Zone X
Zone D
HTTP://MSC.FEMA.GOV
THE INFORMATION DEPICTED ON THIS MAP AND SUPPORTINGDOCUMENTATION ARE ALSO AVAILABLE IN DIGITAL FORMAT AT
NATIONAL FLOOD INSURANCE PROGRAMFLOOD INSURANCE RATE MAP
ORANGE COUNTY, CALIFORNIAAnd Incorporated Areas
PANEL OF229 539
Panel Contains:
COMMUNITY NUMBER PANEL SUFFIX
0229
0229
K
K
HUNTINGTONBEACH, CITY OFORANGE COUNTY
065034
060212
MAP NUMBER
MAP REVISED
06059C0229K
VERSION NUMBER2.3.3.1
SEE FIS REPORT FOR ZONE DESCRIPTIONS AND INDEX MAP
Cross Sections with 1% Annual ChanceWater Surface Elevation (BFE)
Coastal Transect
OTHERFEATURES
Profile BaselineHydrographic FeatureBase Flood Elevation Line (BFE)Limit of StudyJurisdiction Boundary
18.2
Accredited or Provisionally AccreditedLevee, Dike, or Floodwall
Coastal Transect Baseline
SCALE
Map Projection:
NAD83 UTM Zone 11N
ORANGE COUNTY
PANEL LOCATOR
* PANEL NOT PRINTED
LOGO LOGO
NOTES TO USERS
For information and questions about this map, available products associated with this FIRM including historic versions of this FIRM, how to order products or the National Flood Insurance Program in general,please call the FEMA Map Information eXchange at 1-877-FEMA-MAP (1-877-336-2627) or visit the FEMA Map Service Center website at http://msc.fema.gov. Available products may include previously issued Lettersof Map Change, a Flood Insurance Study Report, and/or digital versions of this map. Many of these productscan be ordered or obtained directly from the website. Users may determine the current map date for each FIRM panel by visiting the FEMA Map Service Center website or by calling the FEMA Map Information eXchange.
Communities annexing land on adjacent FIRM panels must obtain a current copy of the adjacent panel as well asthe current FIRM Index. These may be ordered directly from the Map Service Center at the number listed above.
For community and countywide map dates refer to the Flood Insurance Study report for this jurisdiction.To determine if flood insurance is available in the community, contact your Insurance agent or call the NationalFlood Insurance Program at 1-800-638-6620.
Channel, Culvert, or Storm Sewer
17.5
0.2% Annual Chance Flood Hazard, Areas of 1% annual chance flood with average depth less than one foot or with drainage areas of less than one square mileFuture Conditions 1% Annual Chance Flood HazardArea with Reduced Flood Risk due to LeveeSee Notes.
Zone X
Zone X
Zone X
Orange County Unincorporated Areas060212
ZONE VE(EL 20)CORAL CAY
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ZONE VE(EL 23)
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ZONE AE(EL 8)ZONE AE(EL 8)
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City of Huntington Beach 065034
City of Huntington Beach 065034
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E9TH ST0 2,0001,000 Feet
1 inch = 500 feet 1:6,000
0 500250Meters
Western Hemisphere; Vertical Datum:NAVD88
118°5'37.5"33°43'7.5"118°3'45"33°43'7.5"
118°3'45"33°41'15"118°5'37.5"33°41'15"
3729000mN
3730000mN
3731000mN
0399000mE 0400000mE 0401000mE
2200000 FT
2205000 FT
6005000 FT
Base Map information shown on this FIRM was derived from multiple sources. Coastal California LiDAR and Digital Imagery dated 2011 was compiled from the Coastal Services Center where available, and it was supplemented with 2014 USDA National Agriculture Imagery Program 2014 (NAIP) Imagery.
0226
PRELIMINARY
August 15, 2016
Attachment No. 9.2
HB -377-Item 14. - 119
Attachment No. 10.1HB -378-Item 14. - 120
Attachment No. 10.2HB -379-Item 14. - 121
Attachment No. 10.3HB -380-Item 14. - 122
From:Tim Mccormack
To:Ramos, Ricky
Subject:Re: Draft Amendments to Sunset Beach Beachfront Flood Requirements
Date:Tuesday, September 13, 2016 9:38:05 AM
Hi Ricky,
No, we have no comments, we had a meeting on the 6th, I'm sorry I did not get back to you
sooner.
Best regards, Tim
Sent from my iPhone
On Sep 12, 2016, at 10:12 AM, "Ramos, Ricky" <rramos@surfcity-hb.org> wrote:
Hi Tim - Does the LCPRB have any comments on the proposed amendments?
Thanks.
From: Ramos, Ricky
Sent: Thursday, August 25, 2016 4:15 PM
To: Aurea Hoad (aurea@aureaeng.com); 'Carrol Wolf'; 'Diane Ellis'; 'Frank Caliri'; 'Gail
Brice'; Mike VanVoorhis ; Tim McCormack (tdmccorm@aol.com); Tony Nobles
(anobles@noblesmedical.com)
Cc: Hess, Scott; Villasenor, Jennifer
Subject: Draft Amendments to Sunset Beach Beachfront Flood Requirements
On July 18, 2016 the City Council directed staff to amend the Sunset Beach
Specific Plan (SBSP) to delete the current –FP3 (Floodplain Overlay)
designation and floodplain requirements (pilings/caissons, etc.) for beachfront
properties that were based on the 1985 County of Orange Coastal Flood Plain
Development Study (available at
http://huntingtonbeachca.gov/government/departments/planning/major/files/Coastal-
Floodplain-Development-Orange-County-Coastline.pdf). Attached to this email
is the legislative draft of the proposed changes for review by the LCP Review
Board. The attached PDF includes the specific pages/sections with the
tracked changes. A Word document of the entire SBSP with the tracked
changes is also included. In order to stay on our tight processing schedule, we
are asking the LCP Review Board to provide comments by Sept. 9 (in two
weeks). Thank you for your assistance.
Ricky Ramos
Senior Planner
714-536-5624
Attachment No. 11HB -381-Item 14. - 123
Attachment No. 12.1HB -382-Item 14. - 124
Attachment No. 12.2HB -383-Item 14. - 125
Attachment No. 12.3HB -384-Item 14. - 126
Attachment No. 12.4HB -385-Item 14. - 127
Attachment No. 12.5HB -386-Item 14. - 128
Attachment No. 12.6HB -387-Item 14. - 129
Attachment No. 12.7HB -388-Item 14. - 130
Attachment No. 12.8HB -389-Item 14. - 131
City of Huntington Beach Community Development Department
STAFF REPORT
TO: Planning Commission
FROM: Scott Hess, AICP, Director of Community Development
BY: Ricky Ramos, Senior Planner
DATE: December 13, 2016
SUBJECT: ZONING MAP AMENDMENT 16-001/ZONING TEXT AMENDMENT NO. 16-
003/LOCAL COASTAL PROGRAM AMENDMENT NO. 16-001/NEGATIVE
DECLARATION NO. 16-001 (SUNSET BEACH BEACHFRONT FLOODPLAIN
CONSTRUCTION REQUIREMENTS -FP3 ZONING)
APPLICANT: City of Huntington Beach
PROPERTY
OWNER: Various
LOCATION: Sunset Beach beachfront properties and the beach (151 parcels and the beach bounded by
Anderson Street to the north, Warner Avenue to the south, the Pacific Ocean to the west,
and South Pacific Avenue to the east), 90742.
STATEMENT OF ISSUE:
Zoning Map Amendment (ZMA) No. 16-001 request:
Delete the current –FP3 (Floodplain Overlay) zoning designation on all beachfront properties and
the beach in Sunset Beach which, among other things, will eliminate a current requirement for
new homes to have an elevated foundation built on pilings or caissons.
Zoning Text Amendment (ZTA) No. 16-003 request:
Delete the requirement in the Sunset Beach Specific Plan for new homes on beachfront properties
to be constructed on pilings or caissons in accord with the 1985 County of Orange Coastal Flood
Plain Development Study.
The current Federal Emergency Management Agency (FEMA) flood insurance rate map is
proposed to be used instead as the basis for new construction.
Local Coastal Program Amendment (LCPA) No. 16-001 request:
Amend the City’s Local Coastal Program in accordance with ZMA No. 16-001 and ZTA No. 16-
003.
Negative Declaration (ND) No. 16-001 request:
To analyze the potential environmental impacts associated with the proposed project as required
pursuant to the California Environmental Quality Act (CEQA).
Attachment No. 13.1
HB -390-Item 14. - 132
PC Staff Report - 12/13/16 2 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
VICINITY MAP
ZMA No. 16-001/ZTA No. 16-003/LCPA No. 16-001/ND No. 16-001
(Sunset Beach Beachfront Flood Requirements)
Project Site
Attachment No. 13.2
HB -391-Item 14. - 133
PC Staff Report - 12/13/16 3 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
Staff’s Recommendation: Approve Zoning Map Amendment No. 16-001, Zoning Text Amendment
No. 16-003, Local Coastal Program Amendment No. 16-001, and Negative Declaration No. 16-001
based upon the following:
Enables the City to use the most current FEMA flood insurance rate map to determine which areas
are subject to a floodplain overlay and as the basis for reviewing new construction.
Consistent with the General Plan goals, objectives, and policies that support identifying and
mitigating flood hazards to minimize risk.
Community need and good zoning practice to use updated flood information as the basis for land
use regulations.
Will not conflict with the public access and public recreation policies of the Coastal Act.
No substantial evidence in light of the whole record that the project will have a significant effect
on the environment.
RECOMMENDATION:
Motion to:
A. “Approve Negative Declaration No. 16-001 with findings (Attachment No. 1) and forward to the City
Council for adoption;”
B. “Approve Zoning Map Amendment No. 16-001 with findings (Attachment No. 1) by approving the
draft City Council Ordinance (Attachment No. 2) and forward to the City Council for adoption;”
C. “Approve Zoning Text Amendment No. 16-003 with findings (Attachment No. 1) by approving the
draft City Council Resolution (Attachment No. 3) and forward to the City Council for adoption;”
D. “Approve Local Coastal Program Amendment No. 16-001 with findings (Attachment No. 1) by
approving the draft City Council Resolution (Attachment No. 4) and forward to the City Council for
adoption.”
ALTERNATIVE ACTION(S):
The Planning Commission may take alternative actions such as:
A. “Deny Negative Declaration No. 16-001, Zoning Map Amendment No. 16-001, Zoning Text
Amendment No. 16-003, and Local Coastal Program Amendment No. 16-001 with findings for
denial.”
B. “Continue Negative Declaration No. 16-001, Zoning Map Amendment No. 16-001, Zoning Text
Amendment No. 16-003, and Local Coastal Program Amendment No. 16-001 and direct staff
accordingly.”
PROJECT PROPOSAL:
On July 18, 2016 the City Council directed staff to initiate the necessary zoning applications described
below for consideration by the Planning Commission and City Council through a public hearing process
(Attachment No. 10). The project proposes to delete the –FP3 (Floodplain Overlay) zoning designation on
Attachment No. 13.3
HB -392-Item 14. - 134
PC Staff Report - 12/13/16 4 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
151 Sunset Beach beachfront properties and the beach which will change the construction requirements
for new homes. Basically, this request will remove the current requirement for a foundation elevated 18 to
27 inches high on pilings or caissons with a minimum length of 20 feet and allow for new construction to
be built on any foundation (e.g. mat slab) directly on the ground. It also amends the Sunset Beach
Specific Plan to delete the same foundation requirement. The following is a specific description of each
zoning entitlement:
Zoning Map Amendment (ZMA) No. 16-001 represents a request pursuant to Chapter 247 of the
Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to delete the current –FP3 (Floodplain
Overlay) zoning designation on all beachfront properties and the beach in Sunset Beach (Attachment No.
5) which, among other things, will eliminate a current requirement for new homes to be built on a pilings
or caissons foundation.
The 1985 County of Orange Coastal Flood Plain Development Study, which provided the basis for the
current –FP3 designation, also identifies the following additional design considerations which will also be
eliminated if the –FP3 designation is deleted:
Elevation of the underside of the structure from 18 to 27 inches above the natural grade beneath
the residence based upon the height of the adjacent artificial berm.
Areas under buildings constructed on piles or caissons must be kept clear to allow landward
drainage.
Gates in walkways alongside structures should swing landward so they are parallel and away from
flow from the ocean.
The movement of runup-generated water into neighboring properties should be avoided. The
ground should slope toward South Pacific Avenue, not toward adjacent properties.
Zoning Text Amendment (ZTA) No. 16-003 represents a request pursuant to Chapter 247 of the HBZSO
to amend the Sunset Beach Specific Plan (SBSP or SP 17) by deleting the requirement for new homes on
beachfront properties to be constructed on pilings or caissons in accord with the 1985 County of Orange
Coastal Flood Plain Development Study. The current FEMA flood insurance rate map is proposed to be
used instead as the basis for new construction.
A legislative draft of the proposed changes to the SBSP is attached (Attachment No. 6) to this staff report.
The key changes to the SBSP include:
Deleting the –FP3 designation from Exhibit 3.1 on Attachment No. 6.4 and reference to –FP3 on
Attachment No. 6.7; and
Deleting reference to the 1985 County of Orange Coastal Flood Plain Development Study in the
SBSP and requiring compliance with the current FEMA flood insurance rate map on Attachment
Nos. 6.2, 6.3, and 6.8.
Local Coastal Program Amendment (LCPA) No. 16-001 represents a request pursuant to Chapter 247 of
the HBZSO to amend the City’s Local Coastal Program in accordance with ZMA No. 16-001 and ZTA
No. 16-003. If approved by the City, LCPA No. 16-001 will require certification (approval) by the
California Coastal Commission.
Attachment No. 13.4
HB -393-Item 14. - 135
PC Staff Report - 12/13/16 5 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
Negative Declaration (ND) No. 16-001 represents a request to analyze the potential environmental
impacts associated with the proposed project pursuant to the California Environmental Quality Act
(CEQA).
Background:
In October 2010, the City Council approved the entitlements for the annexation and the establishment
of General Plan and zoning designations for Sunset Beach. In August 2011, Sunset Beach was
officially annexed into the City of Huntington Beach. Since then the City has been working with the
Coastal Commission to achieve certification of an updated Coastal Element that includes an updated
SBSP.
After official annexation in 2011, the County of Orange continued to conduct land use and development
review in Sunset Beach on behalf of the City pursuant to a pre-annexation agreement. Land use and
development review included planning and zoning issues, entitlements, code enforcement, business
licenses, building permits, and utility and right-of-way issues typically under Public Works’ purview.
Projects that required Coastal Development Permits were submitted to and processed by the California
Coastal Commission. In April 2015, the City and County agreed that the City would commence land use
and development review in Sunset Beach. Because the City’s draft Specific Plan is still not certified by
the California Coastal Commission, the City reviews land use and development proposals (Conditional
Use Permits, Variances, etc.) for “approval in concept” with the Coastal Element and the SBSP adopted
by the City Council. After the City’s review, applicants then apply for Coastal Development Permits
through the Coastal Commission and return to the City for building permits.
Planning Commission Study Session: On October 25, 2016 the Planning Commission conducted a study
session with staff regarding the proposed project and requested the following information:
1. Does the City have a written commitment to build the seasonal berm and what is the cost?
The County used to build a seasonal berm in Sunset Beach when the beach became narrower than
250 feet. The City continued the practice of building the berm upon annexation. There is no
formal written agreement in place stating that the City will build the seasonal berm in Sunset
Beach. However, the City intends to continue building the seasonal berm, as needed, for the
foreseeable future. The County had existing parameters for building the berm and the City has
continued those parameters upon annexation. The City uses the engineering firm of Moffatt and
Nichol to provide direction on how to construct the berm each year based on the predicted weather
patterns and tides. The current costs of erecting and removing the berm are about $15,000 to erect
the berm and about $6,000 to remove it. The berm is put in place by the City’s contractor and
removed by City staff with rental equipment.
2. What is the current depth of the beach?
Second Street – 272 feet
8th Street – 153 feet
12th Street – 240 feet
17th Street – 216 feet
Attachment No. 13.5
HB -394-Item 14. - 136
PC Staff Report - 12/13/16 6 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
22nd Street – 159 feet
Anderson Street – 256 feet
3. What was the scope of the new FEMA flood study?
Attached to the staff report is a PowerPoint presentation regarding the FEMA Open Pacific Coast
Study and its scope (Attachment No. 8).
4. Copy of new FEMA flood insurance rate map.
Attached to the staff report is a copy of the draft FEMA flood insurance rate map for Sunset Beach
(Attachment No. 9).
ISSUES:
Subject Property And Surrounding Land Use, Zoning And General Plan Designations:
LOCATION GENERAL PLAN ZONING LAND USE
Subject Property: RH-30 (Residential High
Density), OS-S (Open
Space – Shoreline)
SBSP-CZ-FP3 (Sunset
Beach Specific Plan –
Coastal Zone Overlay –
Floodplain Overlay)
Residential, Beach
North of Subject
Property
(across Anderson
Street in City of Seal
Beach):
Residential Low
Density, Beach
RLD-9 (Residential Low
Density-9), BEA (Beach)
Residential, Beach
(Surfside in City of
Seal Beach)
East of Subject
Property (across S.
Pacific Avenue):
P (Public), RH-30, CV-
mu (Commercial Visitor
– Mixed Use Overlay)
SBSP-CZ Greenbelt, Residential,
Commercial
South of Subject
Property:
OS-S OS-S (Open Space –
Shoreline)
Bolsa Chica State
Beach
West of Subject
Property:
Not Applicable Not Applicable Ocean
General Plan Conformance:
The General Plan Land Use Map designations on the subject property are RH-30 (Residential High
Density) and OS-S (Open Space – Shoreline). The proposed project is consistent with this designation
and the goals, objectives, and policies of the City’s General Plan as follows:
Attachment No. 13.6
HB -395-Item 14. - 137
PC Staff Report - 12/13/16 7 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
A. Coastal Element
Objective C 10.1 - Identify potential hazard areas in the City and manage/mitigate potential risks and
impacts through land use regulation, public awareness and retrofitting where feasible.
Policy C 10.1.2 - Promote land use patterns, zoning ordinances and locational criteria that mitigate
potential risks posed by development in hazard areas, or which significantly reduce risk from seismic
hazards.
Policy C 10.1.14 - During major redevelopment or initial construction, require specific measures to be
taken by developers, builders or property owners in flood prone areas, to prevent or reduce damage
from flooding and the risks upon human safety. Development shall, to the maximum extent feasible
and consistent with the Water and Marine Resource policies of this LCP, be designed and sited to:
a) Avoid the use of protective devices,
b) Avoid encroachments into the floodplain, and
c) Remove any encroachments into the floodplain to restore the natural width of the floodplain.
B. Environmental Hazards Element
Goal EH 4 - Eliminate, to the greatest degree possible, the risk from flood hazards to life, property,
public investment and social order in the City of Huntington Beach.
Policy EH 4.1.2 - Establish and enforce standards which minimize financial loss and maximize
protection of residents and business owners’ property.
Objective EH 4.3 - Protect individuals from physical harm in the event of flooding.
While the –FP3 designation and the current requirement for pilings or caissons represent a higher design
standard for flood protection and wave runup, the proposed amendments will enable the City to use the
most current FEMA flood insurance rate map as the basis for new construction which still meets the
minimum flood protection requirements consistent with the General Plan goals, objectives, and policies.
In addition, FEMA has recently completed an Open Pacific Coast study which restudied coastal flood
hazards statewide for the first time in 30 years thereby providing the most current information for
floodplain management to minimize risk. FEMA will continue to provide updated flood insurance rate
maps, as needed in the future, to address changing flood hazards.
Zoning Compliance: Not applicable.
Urban Design Guidelines Conformance: Not applicable.
Environmental Status:
Staff has reviewed the environmental assessment and determined that no significant impacts are
anticipated as a result of the proposed project. Subsequently, Negative Declaration No. 16-001
Attachment No. 13.7
HB -396-Item 14. - 138
PC Staff Report - 12/13/16 8 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
(Attachment No. 7) was prepared pursuant to Section 240.04 of the HBZSO and the provisions of the
California Environment Quality Act.
The Community Development Department advertised draft Negative Declaration No. 16-001 for thirty
(30) days commencing on October 20, 2016 and ending on November 21, 2016. Comments were
received from Christine Henderson, Phyllis Maywhort, and Tony Sellas and responses have been included
with the Negative Declaration (Attachment No. 7).
Environmental Board Comments:
The Environmental Board was notified of the Negative Declaration. As of December 6, 2016, no
response has been received.
Prior to any action on ZMA No. 16-001/ZTA No. 16-003/LCPA No. 16-001, it is necessary for the
Planning Commission to review and act on Negative Declaration No. 16-001. Staff, in its initial study of
the project, is recommending that the negative declaration be approved with findings.
Coastal Status: If approved by the City, the proposed ZMA and ZTA will require approval of LCPA No.
16-001 by the Coastal Commission because Sunset Beach is located in the coastal zone. All zoning
ordinances, zoning maps, and land use plans applicable to the coastal zone are not effective until approved
(certified) by the Coastal Commission.
Redevelopment Status: Not applicable.
Sunset Beach Local Coastal Program (LCP) Review Board: The Sunset Beach LCP Review Board is
the official citizen’s review group in Sunset Beach. The SBSP states that any proposed amendments to
the SBSP shall be forwarded to the Board for review prior to action by the Planning Commission. The
LCP Review Board did not have any comments after reviewing the proposed amendments at their
September 6, 2016 meeting (Attachment No. 11).
Design Review Board: Not applicable.
Subdivision Committee: Not applicable.
Other Departments Concerns and Requirements: Not applicable.
Public Notification:
Legal notice was published in the Huntington Beach Wave on December 1, 2016 and notices were sent to
all property owners of record (and tenants) in the Sunset Beach area and within a 1,000 ft. radius of
Sunset Beach, individuals/organizations requesting notification (Planning Division’s Notification Matrix),
Coastal Commission staff, and interested parties. As of December 6, 2016, three letters and one phone
call opposing the request have been received (Attachment No. 7).
Attachment No. 13.8
HB -397-Item 14. - 139
PC Staff Report - 12/13/16 9 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
Application Processing Dates:
DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S):
September 1, 2016 Not applicable for proposed legislative amendments.
ANALYSIS:
The analysis section discusses the history of the current –FP3 designation; the new FEMA coastal flood
hazards study; the reason why the ZMA, ZTA, and LCPA were initiated and the findings for their
approval; and the alternative action the Planning Commission could take.
The current –FP3 designation and the additional requirements such as building on piles or caissons were
adopted by the Orange County Board of Supervisors in the 1990 SBSP based on a 1985 County flood
study (Attachment No. 12) as a follow up action to severe flooding in 1983. It is a higher standard than
what is required under the current FEMA designation of Zone X, which does not require any specific
construction standards or mandatory flood insurance. Although the County adopted the higher –FP3
standards, they had not been consistently applied in Sunset Beach. It appears from 1990 to 2010 new
homes were constructed on pilings/caissons. But during 2011 to 2015, of the six beachfront homes that
have been constructed (since Sunset Beach was annexed into the City of Huntington Beach but still under
the land use authority of the County), three homes were constructed on foundations other than piles or
caissons (i.e. not consistent with the -FP3 overlay requirements).
Over the last year, since the City has taken over permitting from the County, a property owner has applied
to construct two beachfront homes using a foundation type not consistent with the –FP3 designation.
While plan checking these two homes, the City noted that the homes needed to comply with the –FP3
foundation requirements per the adopted Sunset Beach Specific Plan (SBSP), which essentially mirrored
the County’s SBSP. This determination was subsequently appealed to the Planning Commission and City
Council. Although the appeal was denied, the City Council directed staff to initiate the subject ZMA and
ZTA. Given that the County had not been consistently applying the –FP3 construction requirements in
addition to the higher costs associated with the –FP3 construction requirements, the City Council gave
staff direction to consider whether or not the –FP3 overlay designation is still necessary.
The 1985 County flood study established technical criteria and standards as a basis for review of
structures and protective devices in coastal areas with potential flood hazards from ocean water and wave
forces. For the Sunset Beach beachfront lots, the study recommended design objectives and
considerations consistent with the –FP3 overlay including utilizing foundation systems constructed on
pilings or caissons. Although it has never been updated, the 1985 County study is the only such study the
City is aware of and, until now, has served as the best available information for the last 30 years.
FEMA recently completed an updated study of coastal flood hazards in California for the first time in 30
years and released a preliminary flood insurance rate map (FIRM) reflecting the results of the study.
According to FEMA, the updated study includes detailed coastal engineering analyses and mapping of the
Pacific coast of California using newer technology and data to model and analyze coastal flood hazards.
Dune erosion, wave setup, wave runup, overtopping, overland wave propagation, and evaluation of
coastal structures are accounted for in determining new Base Flood Elevations (BFE) that are reflected in
the preliminary FIRM. The preliminary FIRM for Sunset Beach shows a flood zone designation of X for
Attachment No. 13.9
HB -398-Item 14. - 140
PC Staff Report - 12/13/16 10 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
all beachfront properties with the exception of the southernmost lot which is designated Zone VE. Zone
X does not require any specific construction standards. Zone VE requires new construction and
substantial improvements to use pilings or caissons. The preliminary FIRM currently serves as the best
available information for flood management purposes.
Approval of the ZMA, ZTA and LCPA will enable the City to use the most current FEMA flood
insurance rate map rather than an outdated 1985 County flood study to determine which areas are subject
to a floodplain overlay and as the basis for reviewing new construction consistent with General Plan and
LCP policies that support identifying and mitigating flood hazards to minimize risk. There is a
community need and it is good zoning practice to use the best available flood data as the basis for land use
regulations. Approval of the amendments would also ensure consistency in the application of flood
regulations and reduce burdensome requirements that go beyond existing federal regulations. Although
approval of the amendments will mean that new structures proposed to be constructed on beachfront
properties will not require foundations constructed on pilings or caissons based on the current designation
of Zone X, a property owner or applicant could still choose to construct a foundation using pilings or
caissons.
The proposed amendments will not change the General Plan land use designations or the uses authorized
in or any other standards in the base zoning districts applicable to the beachfront properties and the beach.
It will not conflict with the public access and public recreation policies of the Coastal Act because it will
not affect existing public access and recreation in the area. Therefore, based on the reasons discussed
herein, staff is recommending approval of the subject ZMA, ZTA and LCPA.
The Planning Commission could recommend a policy decision that the City Council retain the current
higher flood standards by taking the alternative action to deny the requests. Denial means that all
beachfront properties will remain in the –FP3 overlay and will continue to require additional construction
standards such as the use of piling or caissons, among other things, as outlined in the 1985 County flood
study even if the latest FEMA FIRM designates all but one beachfront property in Zone X. FEMA will
continue to provide updated flood insurance rate maps, as needed in the future, to address changing flood
hazards. In the future, if FEMA designates all beachfront properties Zone VE which equates to –FP3, the
City may still have to amend the SBSP to avoid conflicting requirements.
ATTACHMENTS:
1. Suggested Findings for Approval
2. Draft City Council Ordinance Approving ZMA No. 16-001
3. Draft City Council Resolution Approving ZTA No. 16-003
4. Draft City Council Resolution Approving LCPA No. 16-001
5. Zone Change Map (ZMA No. 16-001)
6. Legislative Draft of proposed amendments to the SBSP (ZTA No. 16-003)
7. Negative Declaration No. 16-001(Includes Environmental Checklist, Response to Comments, and
Comment Letters from Christine Henderson, Phyllis Maywhort, and Tony Sellas)
8. FEMA Open Pacific Coast Study PowerPoint presentation
9. New FEMA preliminary flood insurance rate map for Sunset Beach
10. Excerpt from July 18, 2016 City Council minutes
11. Email from Sunset Beach LCP Review Board
Attachment No. 13.10
HB -399-Item 14. - 141
PC Staff Report - 12/13/16 11 16sr37 ZMA 16-001 ZTA 16-003 LCPA 16-001 (SB Flood)
12. Excerpt from County of Orange Coastal Flood Plain Development Study (January 1985) (Entire
study available at:
http://huntingtonbeachca.gov/government/departments/planning/major/files/Coastal-Floodplain-
Development-Orange-County-Coastline.pdf)
SH:JJ:JV:RR:KD
Attachment No. 13.11
HB -400-Item 14. - 142
Attachment No. 14.1HB -401-Item 14. - 143
Attachment No. 14.2HB -402-Item 14. - 144
From:Ramos, Ricky
To:Ramos, Ricky
Subject:FEMA Maps and Sea Level Rise
Date:Tuesday, December 13, 2016 9:03:08 AM
From FEMA FAQ - https://www.fema.gov/coastal-frequently-asked-questions
How is FEMA accounting for sea level rise and climate change on the
FIRMs? Does sea level rise/climate change affect the FIRMs?
FEMA maps coastal flood hazards based on existing shoreline characteristics,
and wave and storm climatology at the time of the flood study. In accordance
with the current Code of Federal Regulations, FEMA does not map flood
hazards based on anticipated future sea levels or climate change. Over the
lifespan of a study, changes in flood hazards from sea level rise and climate
change are typically not large enough to affect the validity of the study results.
In accordance with the Biggert-Water Flood Insurance Reform Act of 2012,
FEMA is to establish a Technical Mapping Advisory Council that will provide
recommendations to FEMA on flood hazard mapping guidelines—including
recommendations for future mapping conditions, the impacts of sea level rise
and future development. FEMA will be required to incorporate future risk
assessment in accordance with the recommendations of the Council.
Attachment No. 15HB -403-Item 14. - 145
Attachment No. 16. 1HB -404-Item 14. - 146
Attachment No. 16. 2HB -405-Item 14. - 147