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2017-02-06 Agenda Packet
FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, February 06, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY 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- -1- City Council/PFA Agenda – Monday, February 06, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, February 06, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY 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 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. Joint Study Session between the City Council of Huntington Beach and the Investment Advisory Board (IAB). The Investment Advisory Board and City Treasurer will make a presentation of the FY15/16 annual report, as it relates to the City of Huntington Beach’s investment management. In addition, Jason Klinghoffer, CPA, Director of Debt Capital Markets for Mischler Financial, and approved broker for the City of Huntington Beach, will provide a brief financial market update. Roll Call of the Investment Advisory Board: Jennifer Handy, Alan Ray, Scott Dowds, John Piekarski, Lydia Dupont and Rob Sternberg 2. I-405 Improvement Project Status Update - Orange County Transportation Authority (OCTA) staff will provide an overview of the status of the I-405 project including current efforts, upcoming efforts and anticipated HB -3- -2- City Council/PFA Agenda – Monday, February 06, 2017 schedule of activities. The project is a major 7 year improvement project for the I-405 freeway between Costa Mesa and State Route 22, including the addition of travel lanes, carpool/toll lanes and reconstruction of many interchanges and overcrossings of the freeway RECESS TO CLOSED SESSION Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today's Closed Session discussions regarding labor negotiations with: Surf City Lifeguard Employees’ Association (SCLEA). CLOSED SESSION 3. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Surf City Lifeguard Employees’ Association (SCLEA). 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: John Thomas Christiana v. United States and Its Agencies, Corporations, Officers, Employees, and Agents, United States District Court Case No SACV17-00089 JVS(JCGx). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson PLEDGE OF ALLEGIANCE INVOCATION - Maneck Bhujwala of the Zoroastrian Community 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 Mayor Delgleize to announce February as National African American History Month HB -4- -3- City Council/PFA Agenda – Monday, February 06, 2017 Mayor Delgleize to call on Janeen Laudenback to recognize PSS Coordinator Brigette Beisner and members of the Project Self Sufficiency Foundation for their efforts in obtaining a $379,000, three- year grant from the ECMC Foundation 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 CITY TREASURER'S REPORT 1. Receive and file the City Treasurer's December 2016 Quarterly Investment Summary Report Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for December 2016, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. CONSENT CALENDAR 2. Approve and adopt minutes Recommended Action: Review and adopt the City Council/Public Financing Authority regular and the special meeting of the Successor Agency to the Former Redevelopment Agency of the City of Huntington Beach minutes dated January 17, 2017, as written and on file in the office of the City Clerk. 3. Annual Review of the City Code of Ethics Recommended Action: Direct the City Clerk to record in the official minutes that the Code of Ethics was presented to the City Council, the City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. 4. Award and authorize execution of a construction contract in the amount of $678,900 to Vido Samarzich, Inc. for the FY 16/17 Curb Access Ramp Installation Project, CC-1541; and, authorize an appropriation in the amount of $150,000 HB -5- -4- City Council/PFA Agenda – Monday, February 06, 2017 Recommended Action: A) Accept lowest responsive and responsible bid submitted by Vido Samarzich, Inc. in the amount of $678,900; and, B) Authorize the appropriation of $150,000 from undesignated Gas Tax Funds to account 20790054.82300; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 5. Acceptance and appropriation of funds in the amount of $10,000 from Southern California Edison (SCE) and Southern California Gas Company (SCG) for the City of Huntington Beach Sustainable Business Program Recommended Action: Accept and appropriate $10,000 from investor owned utilities Southern California Edison (SCE) and Southern California Gas (SCG) into Fund 1234. 6. Approve additional appropriation in the amount of $395,000 for as-needed General Environmental Engineering and Plan Check /Fire Inspection Services Recommended Action: Approve an appropriation of $395,000 to the Fire Prevention business unit (10065201.69365) for professional environmental engineering and plan check/fire inspection services. Funding will be allocated on an incremental basis as needed, based on development project demands. 7. Adopt Resolution No. 2017-05 declaring support for an Energy Partnership Between Southern California Edison (SCE) Company and Southern California Gas (SCG) Company to be known as "Energy Partnership" Recommended Action: Adopt Resolution No. 2017-05, "A Resolution of the City Council of the City of Huntington Beach Declaring Support for An Energy Partnership Between Southern California Edison Company and Southern California Gas Company To Be Known as "Energy Partnership." 8. Approve and authorize the execution of an Agreement and Escrow Instructions with Peter Chamie, Trustee, for the purchase of an easement for Street and Highway purposes over real property located at 7900 Edinger Avenue (APN: 142-081-02, 03) Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute "Agreement for Acquisition and Escrow Instructions" between the City of Huntington Beach and Peter Chamie, as Successor Trustee of the Denise Chamie Trust, dated August 14, 1970, as to an undivided ¼ interest; Peter Chamie, as Successor Trustee of the Peter Chamie Trust, dated August 14, 1970, as to an undivided ¼ interest; and Peter Chamie, Successor Trustee of the Alfred P. Chamie and Elizabeth HB -6- -5- City Council/PFA Agenda – Monday, February 06, 2017 Chamie Revocable Trust, dated August 14, 1970, as to an undivided ½ interest; and, B) Authorize the Mayor and City Clerk to execute the “Agreement for Acquisition and Escrow Instructions” and other related documents; and, C) Authorize the City Manager to execute any other related title documents. 9. Approve and authorize execution of 6 Professional Services Contracts for As-Needed Environmental Engineering Services with: 1) Geosyntec Consultants, Inc. in an amount not to exceed $450,000 over a three year period, 2) Tetra Tech, Inc. in an amount not to exceed $550,000 over a three year period, 3) Group Delta Consultants, Inc. in an amount not to exceed $150,000 over a three year period, 4) Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.) in an amount not to exceed $375,000 over a three year period, 5) Huitt-Zollars, Inc. in an amount not to exceed $325,000 over a three year period and 6) Pacific Advanced Civil Engineering, Inc. (PACE) in an amount not to exceed $325,000 over a three year period Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $450,000 Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-Needed Environmental Engineering Services; and, B) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $550,000 Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services; and, C) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $ 150,000 Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services; and, D) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $375,000 Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services; and, E) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services; and, F) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As- Needed Environmental Engineering Services. HB -7- -6- City Council/PFA Agenda – Monday, February 06, 2017 10. Approve and authorize execution of a Reimbursement Agreement with DCO Pacific City, LLC for Fire and Safety Inspection Services at The Residences at Pacific City Project and authorize appropriation of funds in the amount of $70,000 Recommended Action: A) Approve and authorize the Mayor and the City Clerk to execute the "Reimbursement Agreement Between the City of Huntington Beach and DCO Pacific City, LLC for Costs Incurred for Fire and Safety Inspection Services;" and, B) Approve an appropriation of $70,000 to the Fire Prevention business unit (10065201.69365) for these services. 11. Approve and authorize execution of Orange County Transportation Authority's Utility Agreements No. UK041241 and UK041106 for the relocation of two (2) City of Huntington Beach Water Pipelines for the 405 Widening Project Recommended Action: Authorize the Mayor and City Clerk to execute Orange County Transportation (OCTA) Utility Agreements UK041241 and UK041106, and return all signed original agreements to OCTA for their final approval. 12. Approve and authorize execution of Cooperative Agreement with Orange County Transportation Authority (OCTA) for Project V Community-based Transit Circulator Grant Project; amend the 2016/17 Capital Improvement Program to add the Community-based Local Transit Circulator project; and authorize appropriation of funds for the Community-based Local Transit Circulator Grant Project; and, adopt Resolution No. 2017-07 adopting a revised CIP for the years 2016/17 through 2022/23 Recommended Action: A) Authorize the Mayor and City Clerk to execute Cooperative Agreement No. C-6-1481 between OCTA and the City for Project V Community-based Transit Circulator Grant Project; and, B) Amend the 2016/17 Capital Improvement Program to add the Community- based Local Transit Circulator project; and, C) Appropriate $25,000 from the undesignated AQMD (201) fund balance to account 20185201.82800; and, D) Appropriate $159,812 in grant and contribution funds to a grant account established under Finance Department guidelines; and, E) Adopt Resolution No. 2017-07 "A Resolution of the City Council of the City of Huntington Beach Adopting a Revised Capital Improvement Program for the Years 2016/17 Through 2022/23." HB -8- -7- City Council/PFA Agenda – Monday, February 06, 2017 13. Approve a License Agreement between the City of Huntington Beach and PCH Beach Resort, LLC., for operation of the former Beach Hut Beach Concession Recommended Action: A) Approve License Agreement between the City of Huntington Beach and PCH Beach Resort, LLC., for operation of a beach concession located at 21529 Pacific Coast Highway; and, B) Authorize the Mayor, City Manager, and City Clerk to execute the License Agreement and other related documents. 14. Adopt Ordinance No. 4122 approving Zoning Map Amendment No. 16-001 (Sunset Beach Beachfront Floodplain Construction Requirements –FP3 Zoning) Approved for introduction January 17, 2017 - Vote: 6-0-1 (Delgleize- Absent) Planning Commission and Staff Recommended Action: Adopt 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." ADMINISTRATIVE ITEMS 15. Approve for introduction Ordinance No. 4128 amending Chapter 10.60 of the Huntington Beach Municipal Code relating to Meter Zones to fully include currently metered streets and include future parking meter locations currently being proposed within the downtown area Recommended Action: Approve for introduction Ordinance No. 4128, "An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to Meter Zones." 16. Continued from January 17, 2017 Meeting - 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. COUNCILMEMBER ITEMS 17. Submitted by Councilmembers Posey and Peterson - Recommended changes to the Downtown Business Improvement District (BID) to include the three Councilmember Liaisons as Voting Members of the designated Advisory Board HB -9- -8- City Council/PFA Agenda – Monday, February 06, 2017 Recommended Action: Direct the City Attorney to prepare a new Resolution to designate the three City Council liaisons as additional voting members of the BID Advisory Board. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 21, 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 -10- CITY OF HUNTINGTON BEACH INVESTMENT ADVISORY BOARD ANNUAL REPORT TO THE CITY COUNCIL FOR THE PERIOD: OCTOBER 1, 2015 TO SEPTEMBER 30, 2016 HB -11-Item 1. - 1 INVESTMENT ADVISORY BOARD (IAB) Establishment of Board The Investment Advisory Board was created to act in an advisory capacity to the City Council and City Treasurer in matters pertaining to all of the City’s investm ents by the City Council in May of 1995, by Resolution #3284. The Board is governed by the City’s municipal code chapter 2.110. The duties of the IAB as defined in the municipal code include: 1) Preparation of an annual report to be submitted to the City Council 2) Review and recommendations regarding: - The city’s Investment Policy Statement - Investment strategies and opportunities - Relevant governmental legislation - Quarterly investment reporting and compliance 3) Quarterly meetings The Board members are appointed by a member of the City Council. For the Fiscal Year 2015-16, members were as follows: Name Council Member Rob Sternberg Jim Katapodis Lydia Dupont Billy O’Connell Scott Dowds Barbara Delgleize Jennifer Handy Jill Hardy John Piekarski Mike Posey Ron Sterud Dave Sullivan Alan Ray Erik Peterson Board Activities The meetings of the Board for the 2015-16 fiscal year ending September 30, 2016 were open to the public, as required by Government Co de 54950, and were held on the following dates in City Hall: October 15, 2015 January 26, 2016 April 21, 2016 July 21, 2016 The Annual Study Session was held on February 1, 2016. The two major activities of the Board consisted of reviewing each quarterly investment report and reviewing the City of Huntington Beach Investment Policy annually, prior to their presentation at a City Council meeting. HB -12-Item 1. - 2 As required under Huntington Beach Municipal Code 2.110.040(b), for the 2015/16 fiscal year, the Investment Advisory Board reviewed matters pertaining to the City’s investments in the following areas: Reviewed the annual Investment Policy Statement and recommended modifications including simplifying the portfolio benchmark to provide additional transparency and expanding permitted investments as allowable by the California Government Code Section 53601. Discussed cash management and ensured sufficient liquidity to meet the next six months’ estimated expenditures. Reviewed risk-return analysis as it relates to safety, liquidity and yield. Reviewed new investment opportunities, including information provided by the California Asset Management Program (“CAMP”). Reviewed appropriate state and federal legislation as it may impact the City’s investments , including updates to the California Government Code Section 53601. Reviewed any anticipated exposure to loss through the analysis of liquidity, credit & market value of investments. Reviewed quarterly reports prior to presentation to the City Council. Reviewed quarterly compliance with Investment Policy. No exceptions were identified. Based on the information reviewed by the Investment Advisory Board for the period October 1, 2015 to September 30, 2016, the Board acknowledges that the City Treasurer has maintained compliance with all requirements in the City’s Investment Policy and related governmental regulations, and has managed the City’s investment portfolio in a prudent and suitable manner. HB -13-Item 1. - 3 Dept. ID CT 17-002 Page 1 of 1 Meeting Date: 2/6/2017 Statement of Issue: Receive and file the City Treasurer’s Quarterly Investment Report for December 2016, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable. Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for December 2016, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or Critique Quarterly Report. Analysis: Not Applicable. Environmental Status: Not Applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Treasurer’s Quarterly Investment Report for December 2016 2. Treasurer’s PowerPoint Presentation for December 2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Alisa Cutchen, City Treasurer SUBJECT: Receive and file the City Treasurer's December 2016 Quarterly Investment Summary Report HB -14-Item 1. - 1 City of Huntington Beach Treasurer's Investment Report Quarter Ending: December 2016 Prepared by: Alisa Cutchen, CCMT, CPFIM - City Treasurer ii Page HB -15-Item 1. - 2 Economic and Market Overview: Market Summary Federal Funds Rate 10-Year Treasury S&P 500 DOW October 31, 2016 0.25 - 0.50 % 1.84% 2,126.15 18,142.42 November 30, 2016 0.25 - 0,50 % 2.37% 2,198.81 19,123.58 December 31, 2016 0.50 - 0.75 % 2.45% 2,238.83 19,762.60 Nov - Dec % Change 50% 3.38% 1.82% 3.34% The Federal Open Market Committee (FOMC) met in December to discuss the current state of the economy and to examine potential future interest rate hikes before year end. After this meeting, the Fed released an official statement explaining that "In view of realized and expected labor market conditions and inflation, the Committee decided to raise the target range for the federal funds rate to 1/2 to 3/4 percent. The stance of monetary policy remains accommodative, thereby supporting some further strengthening in labor market conditions and a return to 2 percent inflation." Fixed Income/Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 2.45%, up from 1.60% from the previous quarter, for a 53.13% increase quarter over quarter. The S&P 500 and the DJIA increased at 3.25% and 7.94% respectively for the same time period. In the fourth quarter of 2016, both the bond and equity markets posted strong gains to close out the quarter. Employment: The U.S. gained 156,000 jobs in December with the largest increases in education and health services, leisure and hospitality, professional and business services, and transportation. According to the labor department, the unemployment rate decreased from 4.9% to 4.7% quarter over quarter with the labor participation rate for December decreasing slightly to 62.7%. 21 Page HB -16-Item 1. - 3 08 1 09 '10 '11 '12 '13 14 '15 1 16 '08 '09 '10 '11 '12 '13 Monthly jobs growth In thousands '1111 Recession period fir Ih11111111111i111111111111!111111111111011111111111111/11111IIIIIII1j ir '14 600 400 200 0 -200 -400 -GOO -800 -1,000 At a glance: the December jobs report Unemployment rate 10% By selected industies in thousonds Mining/logging -21 Construction .3.[ Manufacturing 7 Wholesale trade Retail lade M6.3 Transportation and warehousing 14.7 Utilities I0.2 Information -6= Financial activities 13 Professional and business services 15 Education and health services - - 170 Leisure and hospitality 24 Government 12 Source: Bureau of Labor Statistics 3 1 Page HB -17-Item 1. - 4 Market Value 140,938,620 21,524,011 4,968,800 44,491,620 Book Value 142,528,693 21,524,011 4,982,174 44,672,115 % of Portfolio 67% 10% 2% 21% VIM 365-day 1.42% 0.72% 1.11% 1.44% Policy Limit None $65 million 10% 30% $211,923,051 $213,706,993 100% 1.35% Federal Agencies 67% Portfolio Overview: As of December 31, 2016: Investment Type Federal Agency Issues Local Agency Investment Fund (ILAIF) Medium Term Notes — IBRD Corporate Bonds Total Portfolio As of December 31, 2016, the market value of the City's investment portfolio was approximately $211.9 million, with a book value of $213.7 million. The portfolio is invested in only those investments allowable by state regulations and the City's investment policy. Such investments are purchased to meet the portfolio objectives of preservation of principal, maintenance of sufficient operating liquidity, and to attain a market rate of return throughout budgetary and economic cycles, in that order of absolute priority. Portfolio Composition: Investments by Type as of December 31, 2016 4 1 Page HB -18-Item 1. - 5 Currently, funds within this portfolio are invested in federal agency securities, corporate bonds, the International Bank for Reconstruction and Development ("IBRD") and the State of California's pooled account (Local Agency Investment Fund "LAIF"). The four federal government sponsored entities (agencies) whose bonds the City purchases are: Federal Home Loan Bank (FHLB), Federal Home Loan Mortgage Corporation (FHLMC/Freddie Mac), Federal National Mortgage Association (FNMA/Fannie Mae) and Federal Farm Credit Bank (FFCB/Farm Credit). Corporate bonds are obligations of corporations. All corporate bonds are "A" rated or its equivalent or better, per the City's investment policy and state of California regulations. LAIF offers local agencies the opportunity to participate in a major portfolio with overnight liquidity managed by the State of California Treasurer's Office. Please see http://www.treasurercalov/pmia-laif/laif.asp for more information as well as the "State of California Pooled Money Investment Account Market Valuation" (included in this report) for month end data. LAIF has been utilized for the liquidity portion of the City's portfolio as the yield received at this time is greater than that of similar liquid investments such as money market accounts, short-term Treasury Bills, and commercial paper. Portfolio Earnings and Performance: 2016 Monthly Earnings History $250,000.00 $200,000.00 $150,000.00 $100,000.00 $50,000.00 $0.00 e, I t• A e tc I‘2" ‘19 CON -e • e` Oc c, N.o. Qe NI* Ca' tO3'' N1+ Monthly investment earnings for December 31, 2016, were $200,298. The monthly effective rate of return was 1.19%, with a fiscal year-to-date effective rate of return of 1.15%. This compares favorably to the previous year's monthly earnings of $169,539 and monthly effective 5 IPage HB -19-Item 1. - 6 rate of return of 1.07%, for the same time period in 2015. These earnings are utilized to offset taxpayer funds for city operating expenses, capital projects, debt repayment, and other uses. Portfolio Earnings Current Year Current Budget Last Year Actual Effective Rate of Return Benchmark* Month End 12/31/16 FY 2016/2017 200,298 140,000 169,539 1.19% 1.20% 572,494 420,000 499,573 1.15% * 2-year Constant Maturity Treasury (CMT) rate With the sharp increase in the interest rates over November and December of 2016, the 2 year Constant Maturity Treasury rate climbed to 1.20% at the end of December, just off its high of 1.29% in mid-December, the highest rate since 2009. Due to this sudden and rapid rise, the return on the portfolio as a whole is just slightly under this rate for the month at 1.19%. With the increase in interest rates, it is anticipated that the portfolio will experience a similar increase in the rate of return over time. Portfolio Activity: (For details of portfolio activity, please see the Sympro reports attached titled "Activity Report') Monthly Activity: For the month ending December 31, 2016, $20 million in federal agency securities were purchased and $2 million in corporate bonds were purchased. $9 million was transferred from LA1F to the operating account over the month. Quarterly Activity: For the quarter ending December 31, 2016, a total of $30 million in federal agency securities were purchased with $20 million in federal agencies called or matured. A net of $1 million was transferred from LAIF to the operating account with a deposit of $61,730 for interest earned from quarter ending December 31, 2016. $7 million in corporate bonds were purchased and $5 million in medium term notes (International Bank for Reconstruction & Development "IBRD") were purchased. Compliance: The portfolio is in conformity with all relevant State regulations and the City's Investment Policy statement as approved by the City Council on November 7, 2016. The investment program herein shown provides sufficient cash flow liquidity to meet the next six months' obligations. 6 1Page HB -20-Item 1. - 7 Additional Information: Retirement Plan Information as of September 30, 2016: (Due to the delay in statement receipt, information is from previous quarter.) City of Huntington Beach - Pension/Trust Plans - Market Value Summary Deferred Compensation Plan Summary Information as of September 30, 2016 Reporting is Quarterly Beginning Balance (7-1-16) Contributions Distributions/ Earnings Other Fees/ Transfers (change in Adjustments value) Gain/Loss/ Interest Self Directed Option Balance (Nationwide Only) Ending Balance (9.30-16) ICMA Retirement Corporation (457 Plan) $42,665,682 $691,900 ($742,063) $1,373,158 ($2,952) $43,985,725 Nationwide Retirement Solutions (457 Plan) $75,259,598 $1,053,664 ($916,085) $2,045,622 ($1,100) $1,042,726 $78,484,425 Total Deferred Compensation Plan Balances $117,925,280 $1,745,564 ($1,658,148) $3,418,780 ($4,052) $122,470,150 City of Huntington Beach Retiree Medical Trust Summary Information as of September 30, 2016 Beginning Contributions Distributions/ Investment Other Fees/ Ending Balance Transfers Earnings Adjustments Balance (7-1-16) (change in (9-30-16) Reporting is Quarterly value) CalPERS Retiree Medical Trust Account $22 316,243 $76,000 $0 $472,156 ($4,842) $22,859,557 City of Huntington Beach Supplemental Pension Trust Summary Information (monthly reporting, not quarterly) as of September 30, 2016 Reporting is Monthly Beginning Employer Balance Contributions (9-1-16) Interest & Realized Dividends Gain / Loss Plus Net Accrued Income Change in Unrealized Gains / Losses Other Trust Fees/ Adjustments Ending Balance (9-30-16) US Bank Supplemental Pension Trust Account $47,117,372 $822,000 $107,339 $53,139 ($29,809) ($6,266) $48,063,775 7 1Page HB -21-Item 1. - 8 Bond Reserve Accounts - Balances as of December 31, 2016: Summary of Huntington Beach Bond Issue Reserve Accounts Reserve Account Investments As of December 31, 2016 Value as of Federal Money Market Bond Issue: Dec 31, 2016 LAIF Agency Issues Funds CAMP 875.79 0.16 0.01 28,181.39 400.12 364.02 1,091,775.00 H.13. Public Financing Authonly Leese Refunding Bonds 2010 Series A H.R. Public Financing Autority (Capital improvement Ref nancing/Senior Center) Bonds 2111 Series A RedevelopmentAgency of H.R. - 1999 Tax Allocation Refunding Bonds (1/3 of1992) Redevelopment Agency of H.R. -2002 Tax Allocation Refunding Bonds (2/3 of 1992) H.B. Community Facili6es Diskict No. 1990-12001 Special Tax Bonds (Goidenwest-Ellis) N.B. Community Faciiities District No. 2C00-12013 Special Tax Bonds (Grand Coast-Hyatt) H.R. Community Facilities District No 2092-12002S scold Tax Bonds (McDonnell Centre Business Park) H.R. Community Facililes District No. 2003-12013 Spacial Tax Bonds (Huntingbn Center- Bella Terra) TOTALS: 1,242,875.79 1,242,000 3,717,972.53 3,717,972.37 754,148.37 754,148.36 1,678,974.62 647,773.23 1,003,020.09 172,662.12 172,262.00 1,092,139.02 455,857.32 455,857.32 1,681,166.60 560.35 1,680,606.25 10,796,796 $ 6,990,013 $ 1,003,020 $ 30,382 8 2,772,381 81 Page HB -22-Item 1. - 9 City of HB Portfolio Management Portfolio Summary October 31, 2016 City of Huntington Beach 2000 Main St. Huntington Beach, Investments Par Value Market Value Book 3/4 of Value Portfolio Terrn Days to Maturity YTM YTM 360 Equiv. 365 Equiv. Federal Agency Issues - Coupon 122.405,000.00 122,140,507.50 122,430,683.51 62.99 1,331 1,074 1.278 1.296 Local Agency Investment Funds 29,524,011.27 29,524,011.27 29,524,011.27 15.17 1 0.645 0.654 Corporate Bonds 42,500,000.00 42,703,775.00 42,702.324.67 21.94 1,154 60t 1.392 1.411 Investments 194,429,011.27 194,368,293.77 194,657,019.45 100.00% 1,090 807 1.207 1.224 Cash and Accrued Interest Accrued Interest at Purchase 18,958.34 18,958.34 Subtotal 18,958.34 18,958.34 Total Cash and Investments 194,429,011.27 194,387,252.11 194,675,977.79 1,090 807 1.207 1.224 Total Earnings October 31 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 164,471.09 184,471.09 Current Budget 140,000.00 140,000.00 1,680,000.00 Last Year Actual 166 288.99 166,288.99 2,299,957.1)0 Average Daily Balance 196,572,478.10 196,572,478.10 Effective Rate of Return 1.10% 1.10% I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement filed with the City Council on November 7, 2016. A copy of this policy is available at the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market Values provided by Union Bank via Interactive Data Corporation. c 11 Alisa Cutchen, CITY TREASURER Reporting period 10/01/2016-10/3112016 Portfolio CITY AP Run Date: 01/1812017 14:46 PM (PRF_PM1) 7.3.0 Report Mar, 7.3.34 HB -23-Item 1. - 10 1.620 1.000 1.375 1.250 1.600 1.050 0.800 1.000 1.250 1.000 1.000 1.280 1,500 1.000 0.900 1.040 1.000 1.100 1.400 1.500 1.500 1.250 1.500 1.125 1.000 AA AA AA AA AA AA AAA AA AA MA AAA AAA AA AA AA AAA AA AA AA AA AA AA AA 1.620 1.010 1,100 1.250 1.600 1.518 0.800 0.991 1.919 1.000 0.998 1.280 1.500 1.592 0.900 1.040 0.800 1,912 1,400 1.505 1.500 1.250 1.500 1.819 1.000 City of HB Portfolio Management Page 1 Portfolio Details - Investments October 31, 2016 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM Days to maturity S&P 365 Maturity Date Federal Agency Issues - Coupon 3133EGEV3 3130A3TA2 313378A43 3130ATAK7 3130A8DC4 3130A8T94 3134G7U25 3134G73Q2 3134G9RN9 3134G9UY1 3134G9F93 3134G9E78 3134G9C54 3134G9G35 3135GORK1 3136G2R58 3135GOZLO 3136G3KM6 3135GOK85 3135G3SJ5 3138G3SN6 3135GOK93 3136G3UTO 3136G3VU6 3136G3YG4 4140 Federal Farm Credit Bank 4038 Federal Home Loan Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4117 Federal Home Loan Mort Corp 4120 Federal Home Loan Mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Home Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mort Corp 4150 Federal Home Loan Mort Corp 4151 Federal Home Loan Mort Corp 3945 Fed. Nat'l Mort Assoc. 4122 Fed. Nan Mort Assoc. 4132 Fed. Nat'l Mort_ Assoc. 4135 Fed. Nall Mort. ASSOC. 4137 Fed. Nall Mort. ASSOC. 4141 Fed. Nail Mort Assoc. 4143 Fed. Nall Mort_ Assoc. 4144 Feel. Nati Mort. ASs00. 4146 Fed. Nat'l Mort Assoc. 4147 Fed. Nat'l Mort Assoc. 4152 Fed. Nat'l Mort Assoc. 06/15/2016 12/30/2014 02120/2015 05/24/2016 06/30/2016 08/10/2016 10/27/2015 10/27/2015 06/23/20 1 6 06/29/2016 06/30/2016 06/30/2016 06/30/2016 06/30/2016 11/07/2012 10/29/2015 03/09/2016 05/17/2016 06/13/2016 06430/2016 06/23/2016 06/28/2016 06/30/2016 07/19/2016 07/25/2016 5.000.000.00 5,000,000.00 5,000,000.00 5,000.000.00 2,250,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5.000.000.00 5,000,000,00 5,000,000.00 4,655,000.00 5,000,000.00 5.000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000.00 5,000,000_00 5,000,000.00 5,000,000.00 7,500,000,00 5,001,600.00 5,011,800.00 5,037,400.00 5,003.800.00 2,225,677.50 4.983,900.00 4,998,050.00 4,989,700.00 4,995,300.00 4,999,900.00 4,974,700.00 4,946,100.00 4,603,795,00 4,989,850.00 4.999.950.00 5.018,450.00 5.0113.200.00 5,000,050.00 5,001,850.00 4,944,900.00 2,968,260,00 4,995,300.00 4,982,150.00 4.990,750.00 7,464,075.00 5.000.000.09 4,999,609.31 5,018,272_25 5,000,000,00 2,250.000.00 5,000,000,00 5,000,000.00 5,000,000,00 5,000,000.00 5,000,000.00 5.000,000.00 5.000,000.00 4.655.000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,008,967.92 5,000.000.00 5,000.000.00 4.998.834.03 3,000,000.00 5,000,300.00 5,000,000.00 5.000,000.00 7,500,900.00 1,686 06/14/2021 287 08/15/2017 493 03/09/2018 934 05/24/2019 1.520 12/30/2020 1,378 08/10/2020 360 10/27/2017 633 07/27/2018 1,330 C6/23/2020 605 06/29/2018 969 06/28/2019 1,429 09/30/2020 1,702 06/30/2021 1,702 06/30/2021 371 11/07/2017 724 10126/2018 330 09/27/2017 1,658 05/17/2021 954 06113/2019 1,702 05/30/2021 1,513 12/2312020 969 06/28/2019 1,520 12/30/2020 1,721 07/19/2021 905 04/25/2019 Subtotal and Average 129,044,590.99 122,405,000.00 122,140,507.50 122,430,683.51 1.296 1,074 Local Agency Investment Funds sYssa2 982 Laif City 29,524,011.27 29,524,011.27 29,524,011.27 0.654 0.654 Subtotal and Average 28,594,898.79 29,524,011.27 29,524,011,27 29,524,011,27 0.654 1 Corporate Bonds 06406HCZCI 14912L5P2 17275RBG6 166764AA8 Run Cate: 01/18/2017 - 14:45 4155 Bank of New York 4024 CaterpIllar Financial Corp. 4154 Cisco Systems Inc 4044 Chevron Corp 10/24/2016 12110/2014 09/27/2016 02/09/2015 5,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 5,058,450.00 2,999,700,00 3,001,530.00 2,999.910.00 5,085,597.75 2,990,077.52 3,008,191.93 3,003.257.48 1,210 02/24/2020 485 03/0112018 1,053 09/2012019 399 12)05/2017 Portfolio CITY AP PM (PRF_PM2) 7.3.0 2.150 A 1.617 1.300 A 1.555 1.400 AA 1.303 1.104 AA 1.003 Report Ver. 7.3.35 HB -24-Item 1. - 11 City of HB Portfolio Management Page 2 Portfolio Details - Investments October 31, 2016 Average Purchase Stated YTM Days to Maturity Investment IF Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Corporate Bonds 268648AP7 4077 EMC Corp 36962G5W0 3994 General Electric Capital Corp 3696206K5 4007 General Electric Capital Corp 36962G6VV9 4036 General Electric Capital Corp 24422ESR1 4126 John Deere Capital 24422ESR1 4127 John Deere Capital 191216EA7 4049 Coca Cola Co 58933YAC9 4045 Merck & Co Inc 68389><AQ8 4071 Oracle Corp 89233P7E0 4023 Toyota Motor Credit 89236TAY1 4039 Toyota Motor Credit Subtotal and Average Total and Average 07/14/2015 12/25/2013 05/12/2014 12/19/2014 12/013/2015 12/0812015 42/24/2015 02/09/2015 D5/26/2015 12/10/2014 D1;26/2015 2,500,000.00 5.000.000.00 2,500,000.03 2,000,000.00 1,000,300.00 2,000,000.00 2,500,000.00 2,000,000.00 3,000,000.00 3.000,000.00 3000,000.00 42,500,000.00 194,429,011.27 2,465,400.00 5,032,500.00 2,511,950.00 2.008.980.00 1.004,750.00 2,009.500.00 2,503,275.00 2.003,040.00 3,063,900.00 3,003,600.00 3,037,290.00 42,703,775.00 194,368,29327 2,509.426.71 5,024,062.61 2,506,557.91 2,005.059.89 1,002,206.16 2,004.690.18 2,496,267.46 2,000,972.62 3,041,161.83 2,995,941.89 3,028,752,73 42,702,324.67 194,657,019.45 06/0112018 04/27/2017 11/20/2017 04/02/2018 12/15/2317 12115/2017 04/01/2015 01/31/2018 01/15/2019 01/10/2015 10/2412015 1.875 1.630 577 2.300 1.291 177 1.630 1,343 384 1.625 1.442 517 1.550 1.350 409 1.550 1.337 409 1.153 1,258 516 1.100 1.069 456 2.375 1.731 805 1.375 1.491 435 2.000 1.500 722 1.411 601 1.224 807 38,932,988.32 196,572,478.10 Portfolio CITY AP Run Data: 01/1812017- 14:46 PM (PR F_PM2) 7.3.0 HB -25-Item 1. - 12 City of HB Portfolio Management Page 3 Portfolio Details - Cash October 31, 2016 Average Purchase Stated YTM Days to CUSIP Investment Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase Subtotal 18,958.34 18,958.34 0 18,958.34 18,958.34 Total Cash and Investments 196,572,478.10 194,429,011.27 194,387,252.11 194,675,977.79 1.224 807 Portfolio CITY AP Run Date: 01/18/2017-14:46 PM (PRF_PM2) 7.3.0 HB -26-Item 1. - 13 City of HB Portfolio Management Activity By Type October 1, 2016 through October 31, 2016 Stated TranSaction Purchases Redemptions CUSIP Mvestment# Issuer Rate Date Or Deposits or Vaithdrawals Balance. Federal Agency Issues - Coupon Page 1 0.00 0.00 0.00 0.00 3137EACS5 3134G7X71 3134G7P96 4078 Federal Home Loan Mort Corp 4118 Federal Home Loan Mort Corp 4119 Federal Home Loan Mort Corp 0.875 10/14/2016 1.000 10/29/2016 1.000 10/29/2016 5.000,000.00 2,000,000.00 3,000,000.00 10,000,000.00 122,430,683.51 Subtotal Local Agency Investment Funds (Monthly Summary) SYS982 982 Lahr City 0.654 7,051,729.76 0.00 Subtotal 7,061,729.76 0.00 29,524,011.27 Corporate Bonds 06406HCZO 4155 Hank of New York 2,150 10/2412016 5,086,100.00 0.00 Subtotal 5,086,100.00 0.00 42,702,324.67 Total 12,147,829.76 10,000,000.00 194,657,019.45 Portfolio CITY AP Run Date: 01/18/2017 - 14:46 PM (PRF PM3) 7.3.0 Report Ver. 7.3.3e HB -27-Item 1. - 14 Number of Year Securities Average Balance Managed Pool Rate Number of Investments Purchased Number of Investments Redeemed Average Term Average Days to Maturity Yield to Maturity Month End 360 365 Equivalent Equivalent City of HB Portfolio Management Page 1 Activity Summary October 2015 through October 2016 October November December January February March April May June July August September October 2015 41 186,003,670.17 2015 39 181,304,552.62 2015 46 186,878.180.67 2016 46 207,140,111.69 2016 43 204,413,571.12 2016 47 201,877,568.13 2016 45 204,141,812.62 2016 44 208,914,656.20 2016 46 228,822,479.77 2016 45 230,059,053.62 2016 45 220,520.888.69 2016 43 208,478.917.26 2016 41 196,572,478.10 Average 44 205,006,023.32 1.207 1.200 1.238 1243 1.217 1.232 1.280 1.168 1.156 1.167 1.186 1205 1207 1.208% 1.223 1.217 1255 1.261 1.234 1.249 1.298 1.184 1.172 1.183 1.203 1.222 1.224 1.225% 0.337 0.374 0.400 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.513 7 1 8 0 0 4 0 2 14 2 3 3 1 0 3 0 2 3 12 3 1 3 3 3 1,184 1,174 1,147 1,147 1,102 1.140 1,181 976 1,006 1,044 1,074 1,114 1,090 1,106 944 933 925 898 832 869 893 736 806 830 831 835 807 857 Portfolio CITY AP Rul Date: 01/18/2017 - 14:46 PM (PRF_PM4) 7.3.0 Report Ver. 7.3.3b HB -28-Item 1. - 15 City of HB Portfolio Management Page 1 interest Earnings Summary October 31, 2016 CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period October 31 Month Ending 211,000.00 547,998.18 579,266.66) 0.00) 179,731.52 -11,143.53 0.00 168,587.99 0.00 0.00 0.00 0.00 61,729.76 18,064.39 63,911.05) 15,883.10 195,614.62 -11,143.53 0.00 184,471.09 Fiscal Year To Date 211.000.00 547,998.18 579.266.66) 0.00) 179,731.52 -11.143.53 0.00 168.587,99 0.00 0.00 0.00 0.00 61,729.76 18,064.39 63,911.05) 15,883.10 195,614.62 -11,143.53 0.00 184,471.09 0.00 0.00 0.00 0.00 0.00) 0.00) 0.00) 0.00) Portfolio CITY AP Run Date: 01/16/2017 - 14:46 PM (PRF_PM6) 7.3,0 Report Ver. 7.3.36 HB -29-Item 1. - 16 0 10 Es 4,4 State of California pooled Money Investment Account . 40" Market Valuation tr, 0 N, .11autuvol. 10/3112016 , Carrying Cost Plus Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury: Bills $ 11,051,332,669.56 $ 11,077,316,000.00 NA Notes $ 20,643,256,770.71 $ 20,650,936,500.00 $ • 31,093,691.00 Federal Agency: SBA $ 768,121,293.93 $ 760,989,139.04 $ 486,492.50 MBS-REMICs $ 52,205,421.00 $ 55,269,562.03 $ 246,395.93 Debentures $ 875,108,937.82 $ 875,476,250.00 $ 1,399,680.25 Debentures FR $ - $ - $ - Discount Notes $ 5,979,779,777.70 $ 5,992,401,000.00 NA GNMA $ - $ - $ - Supranational Debentures $ 349,980,433.20 $ 350,196,000.00 $ 627,916.50 Supranational Debentures FR $ 50,000,000.00 $ 50,193,500.00 $ 25,795.14 CDs and YCDs FR $ 300,000,000.00 $ 300,000,000.00 $ 460,814.01 Bank Notes $ 600,000,000.00 $ 600,135,939.88 $ 1,694,888.90 CDs and YCDs $ 10,700,028,335.66 $ 10,699,998,794.76 $ 20,188,513.87 Commercial Paper $ 6,734,264,347.26 $ 6,742,669,319.43 NA Corporate: Bonds FR $ - $ - $ _ Bonds $ - $ - $ - Repurchase Agreements $ - $ - $ - Reverse Repurchase $ - $ - $ - Time Deposits $ 5,197,440,000.00 $ 5,197,440,000.00 NA AB 55 & GF Loans 7,058,131,000.00 $ 7,058,131,000.00 NA TOTAL $ 70,359,648,986.84 $ 70,411,153,005.14 $ 56,224,188.10 Fair Value Including Accrued Interest 70,467,377,193.24 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). HB -30-Item 1. - 17 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department October 2016 Cash Receipts and Disbursements September 2016 October 2016 Receipts General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax (UUT) Other Revenue Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses 1,535,034 4,095,020 175,062 1,178,901 1,769,954 5,713,884 14,467,855 151,612 5,135,909 6,278,819 750,159 3,369,105 1,244,645 2,251,717 $33,649,822 (11,629,289) (4,146,217) 91,163 (4,208) 170,648 2,502,600 175,131 963,948 1,727,414 12,701,293 18,241,034 33,070 5,591,659 367,811 582,144 71,920 207,216 1,399,530 $26,494,384 (11,693,698) (3,467,979) (311,497) (4,208) Total General Fund Disbursements (15,688,552) (15,477,381) HB -31-Item 1. - 18 (1,338,993) (1,050) (5,358,087) (2,559,804) (548,370) (6,159,635) (1,982,359) (8,421,562) (42,058,412) (231,615) (3,049) (9,597,225) (152,138) (515,266) (409,525) (294,533) (1,473,518) (28,154,250) Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances ($8,408,590) ($1,659,866) September 2016 October 2016 $60,936,229 64,647,426.25 5,188,770 5,446,319 19,596,217 19,490,322 12,500 9,450 78,892,752 71,185,937 10,203,046 10,308,229 10,909,006 11,025,418 26,400,209 26,180,450 $212,138,729 $208,293,552 * Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -32-Item 1. - 19 City of HB Portfolio Management Portfolio Summary November 30,2016 City of Huntington Beach 2000 Main St. Huntington Beach, Investments Par Value Market Value Book % of Value Portfolio Term Days to Maturity YTM YTNI 360 Equiv. 365 Equiv. Federal Agency issues - Coupon 122,405,000.00 121,136,235.55 122,524,514.15 51.04 1,298 1,079 1.283 1.301 Local Agency Investment Funds 30,524,011.27 30,524,011.27 30,524,011.27 15.21 1 1 0.669 0.678 Medium Term Notes - IBRD 5,000,000.00 4,967,550.03 4,981,215.31 2.48 608 595 1.093 1.109 Corporate Bonds 42,500,000.00 42,510,675.00 42,652,047.23 21 27 1,153 571 1.392 1.411 Investments 200,429,011.27 199,138,471.82 200,721,787.96 100.00% 1,053 795 1.208 1_225 Cash and Accrued Interest Accrued Interest at Purchase 50,936.67 50.936.67 Subtotal 50,936.67 50,936.67 Total Cash and Investments 200,429,011.27 199,189,408.49 200,772,724.63 1,053 795 1.203 1.225 Total Earnings Current Year Current Budget Last Year Actual Average Daily Balance Effective Rate of Return November 30 Month Ending 187,723.96 140,000.00 163,744.54 195,690,704.56 1.17% Fiscal Year To Date 372,195.05 280,000.00 330,033.53 196,138,818.99 1.14% Fiscal Year Ending 1,680,000.00 2.299,957.00 I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement filed with the City Council on November 7. 2016. A copy of this policy is available at the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market Values provided by Union Bank via Interactive Data Corporation. 7 Alisa Cutchen, CITY TREASURER Reporting period 11101/2016-11130/2016 Portfolio CITY AP Run Date: 01 /1812017 - 14 48 PM (PRF_PM1) 7.3.0 Report Var. 7.53o HB -33-Item 1. - 20 1.620 1.000 1.375 1.250 1.600 1.050 2.000 0.800 1.000 1.250 1.000 1.000 1.280 1.530 1.000 1.650 1.040 1.000 1,400 1.500 1.500 1.250 1.500 1.125 1.000 AA AA AA AA AA AA AA AAA AA AA AAA AAA AA AAA AA AA AA AA AA AA AA AA AA 1.620 1.010 1.100 1.250 1.600 1.518 1.247 oloo 0.991 1.919 1.000 0.998 1.280 1.500 1.592 1.650 1.040 0.800 1.400 1.505 1.500 1.250 1.500 1.819 1.030 City of F113 Portfolio Management Page 1 Portfolio Details - Investments November 30, 2016 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM Days to Maturity S&P 365 Maturity Date Federal Agency Issues - Coupon 3133EGEV3 3130A3TA2 313378A43 3130A7Vvi<7 3130A80C4 3130A8794 313383VN 8 3134G7U25 3134G7302 3134G9RN6 3134G9L.IY1 3134G9F93 3134G9E78 3134G9c54 3134G9G35 3134GAUS8 3136G2R58 3135GOZLO 3135GOK85 3136G3SJ5 3136G3SN6 3135G0K93 3136G3UT0 3136G3VU6 3136G3YG4 4140 Federal Farm Credit Bank 4038 Federal Home Loan Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4157 Federal Home Loan Bank 4117 Federal Herne Loan Mort Corp 4120 Federal Home Loan Mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Horne Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mort Corp 4150 Federal Home Loan Mort Corp 4151 Federal Home Loan Mort Corp 4156 Federal Home Loan Mort Corp 4122 Fed. Nati Mort Assoc. 4132 Fed. Nati Mort. Assoc. 4137 Fed. Natl Mort Assoc. 4141 Fed. Nati Mort Assoc. 4143 Fed. Nati Mort. ASSOC. 4144 Fed. Nati Mort. Assoc. 4146 Fed, Nail Mort Assoc. 4147 Fed. Nat! Mort Assoc. 4152 Fed. Nat'l Mort Assoc. 06/15/2016 12/30/2014 02/20/2015 05/24/2016 06130/2016 08/1CV2016 11/16/2016 10/27/2015 10/27/2015 05/23/2016 06/29/2016 06/30/2016 06/30/2016 06/30/2016 06/30/2016 11/22/2016 10/29/2015 03/09/2016 06/13/2016 06/30/2016 06/23/2016 06/28/2016 06/30/2015 07/19/2016 07/25/2016 5,000,000.00 5.000,000.00 5,000,000.00 5,000,000.00 2,250,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,300,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,000,00 5,000,000,00 5,000,000.00 5.000,000.00 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 4,945,850.00 5,005,550.00 5,021,350.00 4,970,350.00 2,197,620.00 4,940,750.00 5,074,100.00 4,991,700.00 4,968,500.00 4.946,950.00 4,994,100.00 4,928,000.00 4,850,900.00 4,528,430.55 4943,400.00 4,859,250.00 4,992,650.00 5,000,000.00 4,984,450.00 4,832,200,00 2,907,960.00 4,975,400.00 4,879.900.00 4,975,100.00 7,418,775.03 5,000,000.00 4.999,650.58 5,017,148.95 5,000,000.00 2,254,000.00 5,000,000.00 5,095,717.11 5,000,000.00 5,000,000.00 5,000,000.00 5,000.000.00 5,000,000.00 5,000,000,00 4,655.000.00 5,000.000.00 5,000,000.00 5,000,000.00 5,008,142.65 5,000,000.00 4.998,854.86 3.000,000.30 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 1,555 06/14/2021 257 08/15/2017 463 03/09/2018 904 05/24/2019 1,490 12/30/2020 1,348 08/10/2020 1,016 09/13/2019 330 10/27/2017 603 07/27/2018 1,300 06123/2020 575 06/29/2018 939 06/26/2019 1,399 09/30/2020 1,672 06/30/2021 1.672 06/30/2021 1,817 11/22/2021 694 10/26/2018 300 09/27/2017 924 06/13/2019 1,672 06/30/2021 1,483 12/23/2020 939 06/28/2019 1,490 12/30/2020 1,691 07/15/2021 875 04/25/2019 Subtotal and Average 120,144,568.40 122,406,000.00 121,136,235.55 122,524,514.15 1.301 1,079 Local Agency Investment Funds SYS982 982 Lail City 30,524,011 27 30,524,01127 30,524,011.27 0.678 0.678 1 Subtotal and Average 30,590,677.94 30,524,01127 30,524,011.27 30,524,011.27 0.678 Medium Term Notes - IBRD .459058FE8 4158 InS Blt ReCon & Development 11/18/2016 5,000,000.00 4.967.550.00 4,981,215.31 0.876 AAA 1.109 595 07/19/2018 Subtotal and Average 2,168,443.57 5,000,000.00 4,967,550.00 4,981,216.31 1.109 595 Portfolio CrTY AP Run Data: 31/18/2017.14:48 PM (PRF_PM2) 7.3.0 Report Van 7.3.31) HB -34-Item 1. - 21 City of HB Portfolio Management Page 2 Portfolio Details - Investments November 30, 2016 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM DaVS to Maturity S&P 365 Maturity Date 4155 Bank of New York 4024 Caterpillar Financial Corp. 4154 Cisco Systems Inc 4044 Chevron Corp 4077 EMC Corp 3994 General Electric Capital Corp 4007 General Electric Capital Corp 4036 General Electric Capital Corp 4126 John Deere Capital 4127 John Deere Capital 4049 Coca Cola Co 4045 Merck & Co Inc 4071 Oracle Corp 4023 Toyota Motor Credit 4039 Toyota Motor Credit Corporate Bonds 064061-1CZO 14912L5P2 17275REG6 166764,8 268648AP7 36962G5VVO 36962G6K5 36962G6VV9 24422ESR1 24422E5R1 191216BA7 58933YAC9 68389XAQ8 89233P7E0 89236TAY1 Subtotal and Average Total and Average 10/24/2016 12/10/2014 09/27/2016 02/09/2015 07/14/2015 12/26/2013 05/12/2014 12/19/2014 12/08/2015 12/08/2015 02/24/2015 02/09/2015 05/26/2015 12/10/2014 01/26/2015 5,000,000.00 3,000,000.00 3,000,000.00 3,006,000.00 2500,000.00 5,000.000.00 2,500,000.00 2,000,000.00 1.000,000.00 2.000,000.00 2,500,000.00 2,000,000.00 3,000.000.00 3,000,000.00 3,000,000.00 42,500,000.00 200,429,011.27 4,992,250.00 2,993,850.00 2,965,380.00 2,994,420.00 2,463,450.00 5,024,700.00 2,508,525.00 2,006,240.00 1,003.750.00 2,007,500.00 2,493.850.00 1,995,440.00 3,043,650.00 2,999,010.00 3,018,660.00 42,510,675.00 199,138,471.82 5,083,445.25 2,990,697.67 3,007,955.40 3,003,009.45 2,508,930.57 5,019,961.03 2,506,130.90 2,004,762.84 1,002,042.34 2,004,341.90 2,496.487.02 2,000,907.64 3,039,606.60 2,996,225.68 3,027,542.94 42,692,047.23 200,721,787.96 2.150 1.300 1.400 1.104 1.875 2.300 1.600 1.625 1.550 1.550 1.150 1.100 2.375 1.375 2.000 A A AA AA AA AAA AA A A AA AA AA AA AA 1.617 1.555 1.303 1.003 1.630 1.291 1.340 1.442 1.350 1.337 1.258 1.089 1.731 1.491 1.500 1,180 455 1,023 369 547 147 354 487 379 379 486 426 775 405 692 1.411 571 1.225 795 02/24/2020 03/01/2018 09/23/2019 12/05/2017 06/01/2018 04/27/2017 11/20/2017 04/02/2018 12/15/2017 12/15/2017 04/01/2018 01/31/2018 01/15/2019 01/13/2018 10/24/2018 42,697,014.65 195,690,704.56 Portfolio CITY AP Run Date: 01/19/2017-14.18 PM {PRP_PM2) 73.0 HB -35-Item 1. - 22 City of HB Portfolio Management Page 3 Portfolio Details - Cash November 30, 2016 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate 'JIM Days to S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase Subtotal 50,936.67 50,936.67 50,936.67 50,936.67 Total Cash and Investments 195,690,704.56 200,429,011_27 199,189,408.49 200,772,724.63 1.225 795 Portfolio CITY AP Rtgt Date: 01118/2017 - 14:48 PM {PRF_PM2) 7.3.0 HB -36-Item 1. - 23 City of HB Portfolio Management Activity By Type November 1, 2016 through November 30, 2016 Stated Transaction Purchases Redemptions CUSIP Investment # Issuer Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Coupon 313383VN8 3134GAUB8 3135GORK1 3136G3KM6 4157 Federal Horne Loan Bank 4156 Federal Home Loan Mort Corp 3945 Fed. Nat'l Mort Assoc. 4135 Fed. Nat'l Mort. Assoc. 2000 1.650 0.900 1.100 11/16/2016 11/22/2016 11/07/2016 11/17/2016 5,097,150.00 5,000,000.00 0.00 0.00 0.00 0.00 5,000,000.00 5,000,000.00 Subtotal 10,097,150.00 10,000,000.00 122,524,514.15 Local Agency Investment Funds (Monthly Summary) SYS982 982 Lai! City 0.678 10,000,000.00 9,000,000.00 Subtotal 10,000,000.00 9,000,000.00 30,524,011.27 Medium Term Notes -113RD 459058FE8 4158 Intl Bk Recon 8, Development 0.876 11/18/2016 4,980,800.00 0.00 Subtotal 4,980,800.00 0.00 4.981,215.31 Corporate Bonds Subtotal 42,692,047.23 Total 25,077,950.00 19,000,000.00 200,721,787.96 Page 'I Portfolio CITY AP Run Date: 01118/2017 - 14:48 PM (PRF_PM3) 7.3.0 Report Ver. 7.3.3b HB -37-Item 1. - 24 City of HB Portfolio Management Page 1 Activity Summary November 2015 through November 2016 Yield to Maturity Managed Pool Rate Number of Investments Purchased Number of Investments Redeemed Month End Number of Year Securities Average Balance 360 365 Equivalent Equivalent Average Term Average Days to Maturity November December January February March April May June July August September October November 2015 39 181,304.552.62 2015 46 186,878,180.67 2016 46 207,140.111.69 2016 43 204,413.571.12 2016 47 201.877,568.13 2016 45 204,141,812.62 2016 44 208,914,656.20 2016 46 228,822,479.77 2016 45 230,059,053.62 2016 45 220,520,888.69 2016 43 208.478.917.26 2016 41 196,572,478.10 2016 42 195,690,704.56 Average 44 205,787,875.30 1200 1.238 1.243 1.217 1232 1280 1.168 1.156 1.167 1.186 1205 1207 1.208 1.208% 1.217 1.255 1.261 1.234 1.249 1.298 1.184 1.172 1.183 1.203 1.222 1.224 1.225 1.225% 0.374 0.400 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.540 4 2 14 2 1 1 3 3 3 3 2 3 12 3 1 3 3 2 3 1,174 1,147 1,147 1,102 1.140 1,181 976 1,006 1,044 1 ,074 1,114 1.090 1,053 1,096 933 925 898 832 869 893 736 806 830 831 835 807 795 845 Portfolio CITY AP Ron Date: 01118/2017 - 14:48 PM (PRF PM4) 7.3.0 Report var. 7.3,3b HB -38-Item 1. - 25 City of HB Portfolio Management Page 1 Interest Earnings Summary November 30, 2016 CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period November 30 Month Ending 101,250.00 630.550.94 547.998.18) 0.00) 183.802.76 -13.181.49 0.00 170.621.27 0.00 0.00 0.00 0.00 0.00 35,167.08 18,064.39) 17,102.69 200,905.45 -13,181.49 0.00 187,723.96 Fiscal Year To Date 312,250.00 630,550.94 579,266.66) 0.00) 363,534.28 -24,325.02 0.00 339,209.26 0.00 0.00 0.00 0.00 61,729.76 35,167.08 63,911.05) 32,985.79 396,520.07 -24,325.02 0.00 372,195.05 0.00 0.00 0.00 0.00 0.00) 0.00) 0.00) 0.00) Portfolio CITY AP Run Date: 01/1812017 - 14:48 PM (PRF PM6) 7.3.0 Report Ver. 7.3.3b HB -39-Item 1. - 26 - ovEsT4,_ State of California : PMIA .5;' Pooled Money Investment Account 1..., n -4 0 o = 0 cn se Market Valuation 4° 11130/2016 Carrying Cost Plus Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury: Bills $ 11,349,827,525.09 $ 11,372,982,500.00 NA Notes $ 20,341,038,812.28 $ 20,311,892,500.00 $ 35,486,430.00 Federal Agency: SBA $ 761,405,131.96 $ 754,065,685.42 $ 482,520.99 MBS-REMICs $ 50,840,002.73 53,523,811.20 $ 240,005.75 Debentures $ 975,123,587.82 $ 971,802,500.00 $ 1,873,479.25 Debentures FR $ - - $ - $ - Discount Notes $ 6,178,470,972.14 $ 6,191,058,000.00 NA GNMA $ - $ - $ - Supranational Debentures $ 299,983,841.05 $ 298,532,000.00 $ 452,014.00 Supranational Debentures FR $ 50,000,000.00 $ 50,186,500.00 $ 66,524.31 CDs and YCDs FR $ 200,000,000.00 $ 200,000,000.00 $ 151,707.17 Bank Notes $ 600,000,000.00 $ 600,134,553.25 $ 1,801,055.55 CDs and YCDs $ 10,250,000,000.00 $ 10,251,619,276.00 $ 20,974,777.74 Commercial Paper $ 7,533,795,680.52 $ 7,542,975,347.20 NA Corporate: Bonds FR $ - $ - $ - Bonds $ - $ - $ - Repurchase Agreements $ - $ - $ - Reverse Repurchase $ - $ - $ - Time Deposits $ 5,231,440,000.00 $ 5,231,440,000.00 NA AB 55 & GF Loans 6,540,256,000.00 $ 6,540,256,000.00 NA TOTAL $ 70,362,181,553.59 $ 70,370,468,673.07 $ 61,528,514.76 Fair Value Including Accrued Interest $ 70,431,997,187.83 Repurchase Agreements, Time Deposits, AS 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). HB -40-Item 1. - 27 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department November 2016 Cash Receipts and Disbursements October 2016 November 2016 Receipts General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax ((JUT) Other Revenue Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements [General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses 170,648 2,502,600 175,131 963,948 1,727,414 12,701,293 18,241,034 33,070 - 5,591,659 367,811 582,144 71,920 207,216 1,399,530 $26,494,384 (11,693,698) (3,467,979) (311,497) (4,208) 5,694,548 3,336,800 167,979 926,955 1,585,747 4,472,949 16,184,978 100 - 4,599,427 462,595 593,441 1,130,158 546,050 1,004,512 $24,521,262 (11,747,325) (3,702,003) (894,280) (386,942) Total General Fund Disbursements (15,477,381) (16,730,550) HB -41-Item 1. - 28 (231,615) (3,049) (9,597,225) (152,138) (515,266) (409,525) (294,533) (1,473,518) (28,154,250) (136,247) (2,000) (3,659,013) (346,054) (339,793) (1,115,649) (508,018) (947,727) (23,785,052) Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances ($1,659,866) $736,210 October 2016 November 2016 $64,647,426 63,463,276 5,446,319 5,593,037 19,490,322 20,631,273 9,450 60,960 71,185,937 72,756,073 10,308,229 10,344,494 11,025,418 11,365,253 26,180,450 26,617,593 $208,293,552 $210,831,958 * Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -42-Item 1. - 29 City of HB Portfolio Management Portfolio Summary December 31, 2016 City of Huntington Beach 2000 Main St. Huntington Beach, Investments Par Value Market Value Book % of Value Portfolio Term Days to Maturity "CCM YTAI 360 Equiv. 365 Equiv. Federal Agency Issues - Coupon 142,405,000.00 140.938,620.15 142.528.693.26 66.69 1,347 1.130 1.403 1.422 Local Agency Investment Funds 21,524,011.27 21.524,011.27 21,524,011.27 10.07 1 1 0.709 0.716 Medium Term Notes - IBRD 5,000,000.00 4,968,800.00 4,982,173.71 2.33 608 564 1.093 1.109 Corporate Bonds 44,500,000.00 44,491,620.00 44,672,115.15 20.90 1,154 568 1.418 1.438 Investments 213,429,011.27 211,923,051.42 213,706,993.39 100.00% 1,154 886 1.329 1.348 Cash and Accrued Interest Accrued Interest at Purchase 62.736.67 62736.67 Subtotal 62,736.67 62,736.67 Total Cash and Investments 213,429,011.27 211,985,788.09 213,769,730.06 1,154 886 1.329 1.348 Total Earnings December 31 Month Ending Fiscal Year To Date Fiscal Year Ending Current Year 200,298.49 Current Budget 140,000.00 Last Year Actual 159,53927 Average Daily Balance 198,391,624.24 Effective Rate of Return 1.190/, 572,493.54 420,000.00 499,572.80 196,897,916A1 1.15% 1,680.000.00 2,299,957.00 I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement -filed with the City Council on November 7, 2016. A copy of this policy is available at the office of the City Clerk. The investment program herein shown provides sufficient cash tow liquidity to meet the next six month's obligations. Market Values provided by Union Bank via Interactive Data Corporation. Alisa Cutchen, CITY TREASURER Reporting period 12101/2016-12/31/2016 Portfolio CITY AP FiLirs Cato: 01118/2017 - 14:18 PM (PRP_PM1) 7.3,0 Report Ver. 7.3.315 HB -43-Item 1. - 30 City of HB Portfolio Management Page 1 Portfolio Details - Investments December 31, 2016 CUSIP Investment Essuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM Days to Maturity S&P 365 Maturity Date Federal Agency ISSueS - Coupon 1.620 1.920 1.000 1.375 1.250 1.600 1.050 2.000 0,800 1.000 1.250 1.0.00 1.000 1.280 1.500 1.000 1.650 1.000 1.040 1.000 1.400 1.500 1.500 1.250 1.500 1.125 1.000 1.950 2.050 3133EGEV3 3133EG2L8 3130A3TA2 313378A43 3130A7WK7 3130A80C4 3130A8T94 313383VN8 3134G7U25 3134G73Q2 3134G9RN9 3134G9UY1 3134G9F53 3134G9E78 3134G9C54 3134G9G35 3134GAU B8 3134GAE34 3136G2R58 3135GOZLO 3135GOK85 3136G3S4 3136G3SN6 3135GOK93 3136G3UTO 3136G3VUS 3136G3YG4 3136G4Hms 3136G4KN2 4140 Federal Farm Credit Bank 4160 Federal Farm Credit Bank 4038 Federal Home Loan Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4157 Federal Home Loan Bank 4117 Federal Home Loan Mort Corp 4120 Federal Home Loan Mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Home Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mort Corp 4150 Federal Home Loan Mort Corp 4151 Federal Home Loan Mort Corp 4156 Federal Home Loan Mort Corp 4163 Federal Home Loan Mort Corp 4122 Fed. Nat'l Mort Assoc. 4132 Fed. Nat'l Mort Assoc. 4137 Fed. Nall Mort Assoc. 4141 Fed. Nat'l Mort. Assoc. 4143 Fed. Nat'l Mort Assoc. 4144 Fed. Nat'l Mort. Assoc. 4146 Fed. Nati Mort. Assoc. 4147 Fed. Nat'l Mort. Assoc. 4152 Fed. Nat'l Mort. Assoc. 4159 Fed. Nat'l Mort. Assoc. 4161 Fed. Nat'l Mort. Assoc. 06/15/2016 12/28/2016 12130/2014 02/20/2015 05/24/2016 06/30/2016 08110/2016 11/16/2016 10/27/2015 10/27/2015 06123/2016 06/29/2016 06/30/2016 06130/2016 06130/2016 06/30/2016 11/22/2016 12/30/2016 10/29/2015 03/09/2016 06113/2016 06/30/2016 06123/2016 06/28/2016 06/30/2016 07/19/2016 07/25/2016 12/02/2016 12/30/2016 5,000.000.00 5,000,000.00 5,000,000.00 5,000,000.00 5.000,000.00 2250,000.00 5,000,000.00 5.000,000.00 5,000,000.00 5,000,001100 5,000,000.00 5.000.000.00 5.000.000.00 5,000,000,00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3.000,000.00 5.000.000.00 5,000.000.00 5.000.000.00 7.500.000.00 5,000,000.00 5,000,000.00 4,930,400.00 5,014,850.00 5,005,800.00 5,017,900.00 4,962,150.00 2,192,355.00 4,937,650.00 5,046,750.00 4.994,300.00 4.965:Isom 4,938,450.00 4,992.100.00 4,918.250.00 4,840,450.00 4,515.955.15 4,937,750.00 4,644,100.00 4,999,850.00 4,989,900.00 5,004,700.00 4,974,250.09 4,819,450.00 2,501.210.00 4,972,150.00 4,868,200.00 4,975,500.00 7,415.850.00 4,961,700.00 5,030,500.00 5,000,000.00 5,008.931.35 4,999,691.85 5.016.025.66 5,000.000.00 2,250,000.00 5,000.000.00 5,092,851.33 5,080.000.00 5,000.000.00 5,000.000.00 5.000.000.00 $,000,000.00 6,000.000.00 4,655,000.00 5,000,000.00 5.000,000.00 5,000,000,00 5,000,000.00 5,007.317.38 5,000,000.00 4,998.875.69 3,000,000.00 5.000.000.00 5.000.000.00 5,000,000.00 7.500.000.00 5,000,000.00 5,000,000.08 AA 1.620 1.873 AA 1,010 AA 1.100 AA 1.250 AA 1.600 AA 1.518 1.297 AA 0.800 AAA 0.991 AA 1.919 AA 1.000 AAA 0.998 AAA 1.280 AA 1.500 AAA 1.592 AA 1.650 2.787 AA 1.040 AA 0.800 AA 1.400 AA 1.505 AA 1.500 AA 1.250 AA 1.500 AA 1.819 AA 1.000 1.950 AA 2.050 1,625 06/14/2021 1.457 12/28/2020 226 08/1S/2017 432 03/09/2018 873 05/24/2019 1,459 12/30/2020 1,317 08/10/2020 985 09/13/2019 299 10/27/2017 572 07./2712018 1.269 06/23/2020 544 06/25/2018 908 06/28/2019 1,368 09/30/2020 1,541 06130/2021 1,541 06/30/2021 1.786 11/22/2021 1,824 12/30/2021 663 10/26/2016 269 09/27/2017 893 06/13/2019 1,641 06/30/2021 1,452 12/2312020 908 06/28/2019 1.459 12/30/2020 1,660 07/19/2021 844 04/25/2019 1,796 12102/2021 1,459 12/30/2020 Subtotal and Average 128,652,170.01 142,406,000.00 140,938,620.15 142,528,693.26 1.422 1,130 Local Agency Investment Funds SYS982 982 Lail City Subtotal and Average 21.524,011.27 21,524,011.27 21,524.011.27 0.719 0.719 21;314,333.85 21,524,01127 21,524,011.27 21,524,01127 0.719 Portfolio CITY AP Run Date: 01/1812017- 13:56 PM (PRF_PM2) 7.3.0 ROp311 VCr. 72.35 HB -44-Item 1. - 31 City of HB Portfolio Management Page 2 Portfolio Details - Investments December 31, 2016 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate Y-rm Days to Maturity S&P 365 Maturity Date Medium Term Notes - IBRD 459058FE8 4158 Intl Bk Recon & Development 11/18/2016 5,000,000.00 4,968.800.00 4.982.173.71 0.876 AAA 1.109 564 07119/2018 Subtotal and Average 4,981.725.43 5,000.000.00 4,968,800.00 4,982,173.71 1.109 564 Corporate Bonds 4155 Bank of New York 4024 Caterpillar Financial Corp. 4154 Cisco Systems Inc 4044 Chevron Corp 4077 EMC Corp 3944 General Electric Capital Corp 4007 General Electric Capital Corp 4036 General Electric Capital Corp 4126 John Deere Capital 4127 John Deere Capital 4164 Kimberly Clark Corp 4049 Coca Cola Co 4045 Merck & Co nc 4071 Oracle Corp 4023 Toyota Motor Credit 4039 Toyota Motor Credit 06406HCZO 14912L5P2 17275RBG6 166764AA8 268645AP7 36962G5WO 34962G6K5 36962G6VVB 24422ESR1 24422ESR1 4943683P7 1912163A7 58933YAC9 68389XAQ8 89233P7EC 89236TAY1 Subtotal and Average Total and Average 10/24/2016 12/10/2014 09/27/2016 02/09/2015 07/14/2015 12/26/2013 05/12,2014 12119/2014 1208/2015 12/08/2015 12/28/2016 02/24/2015 02/09/2015 05126/2015 12/10/2014 01/26/2015 5.000,000.00 3,000,000.00 3.000,000.00 3,000.000.00 2,500.000.00 5,000,000.00 2,500,000.00 2,000,000.00 1,000,000.00 2,000.000.00 2,030,000.00 2,530,000.00 2,000.009.00 3,000,000.00 3,000,000.00 3,000,000.00 44,500,000.00 213,429,011,27 4,985,300.00 2,993,130.00 2,967,300.00 2,993,220.00 2,472,300.00 5.019,100.00 2,506,675.00 2.006,540.00 1,002,540.00 2.005,040.00 1,996,060.00 2,494,325.00 1.995,900.00 3,040,170,00 2,996.220.00 3,017,760.00 44,491,620.00 211,923,051.42 5,081.292.75 2,991,317.83 3,007.718.86 3,002.761.42 2.508.43.4.43 5.015,859.45 2,505,603.68 2,004,465.78 1,001,878.51 2,003.993.52 1,990,345.41 2,496,704.58 2.000.842.65 3,038,051.37 2,996,509.46 3,026,333.15 44,672,115.15 213,706.993.39 2.150 1.300 1.400 1.104 1.875 2.300 1.600 1.625 1.550 1.550 1.850 1.150 1.100 2.375 1.375 2.000 A A PA PA AA AAA AA AA A A AA AA AA AA PA 1.617 1.555 1.303 1.003 1.630 1.291 1.340 1.442 1.350 1.337 2.008 1.258 1.089 1.731 1.491 1.500 1,149 424 992 338 516 116 323 456 348 348 1,155 455 395 744 374 661 1.438 568 1.348 886 02/24/2020 03/01t2018 09/2012019 12/05/2017 06/01/2018 04/27/2017 11/20/2017 04/02/2018 12/15/2017 12/1512017 03/01/2020 04/01/2018 01/31/2018 01/15/2019 01/10/2018 10/24/2018 42,943,394.95 198,391,624.24 Portfolio CITY AP Run Data: 01/18/2017-13:56 PM (PRF_Pkt2) 7.3.0 HB -45-Item 1. - 32 City of HB Portfolio Management Page 3 Portfolio Details - Cash December 31, 2016 Average Purchase Stated YTIVI Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase 52,736.67 62,736.67 0 S ubtotal 62,736.67 62,735.67 Total Cash and Investments 198,391,624.24 213,429,011.27 211,985,788.09 213,769,730.06 1.348 886 Portfolio CITY AP Run Date: C118)2017. 13:55 PM (PRF_PM7) 7.3.0 HB -46-Item 1. - 33 City of HB Portfolio Management Activity By Type December 1, 2016 through December 31, 2016 Stated Transaction Purchases Redemptions lnvesbneM# Issuer Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Coupon Page 1 1.920 1.000 1.950 2.050 3133EG2L8 3134GAE34 3136G4HM8 3136G4KN2 4160 Federal Farm Credit Bank 4163 Federal Home Loan Mort Corp 4159 Fed. Nati Mort Assoc. 4161 Fed. Nati Mort. Assoc. 12/28J2016 12/30/2016 12102/2016 12/30/2016 5,008,950.00 5,000,000.00 5,000,000.00 5,000,000.00 20,008,950.00 Subtotal Local Agency Investment Funds (Monthly Summary) 0.00 0.00 0,00 0.00 0.00 142,528,693.26 SYS962 982 Lail' City 0.719 0.00 9,000.000.00 Subtotal 0.00 9,000,000.00 21,524,011.27 Medium Term Notes - IBRD Subtotal 4,982,173.71 Corporate Bonds 494368BP7 4164 Kimberly Clark Corp 1.660 1212812016 1.990.320.00 0.00 Subtotal 1.990,320.00 0.00 44,672,115.15 Total 21,999,270.00 9,000,000.00 213,706,993.39 Portfolio CITY AP Run Dote: 01113/2017 - 13:56 pro (PRF_PM3) 7.3.0 Report Var. 7335 HB -47-Item 1. - 34 Number of Year Securities Average Balance Managed Pool Rate Number of Investments Purchased Number of Investments Redeemed Average Term Average Days to Maturity Yield to Maturity Month End 360 366 Equivalent Equivalent City of HB Portfolio Management Page 1 Activity Summary December 2016 through December 2016 December January February March April May June July August September October November December 2015 46 186,878,180.67 2016 46 207,140,111.69 2016 43 204,413,571.12 2016 47 201,877,568.13 2016 45 204,141,812.62 2016 44 208,914,656.20 2016 46 228,822,479.77 2016 45 230,059,053.62 2016 45 220,520,888.69 2016 43 208,478,917.26 2016 41 196,572,478.10 2016 42 195,690,704.56 2016 47 198.391.624.24 Average 45 207,060,459.42 1.238 1.243 1.217 1.232 1.280 1.168 1.156 1.167 1.186 1.205 1.207 1.208 1.329 1.21814 1.255 1.261 1.234 1.249 1.298 1.184 1.172 1.183 1.203 1.222 1.224 1.225 1.348 1.235% 0.400 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 0.566 8 0 0 4 0 2 14 2 1 1 1 3 5 3 3 2 3 12 3 3 3 2 0 3 1,147 1,147 1,102 1,140 1,181 976 1,006 1,044 1,074 1,114 1,090 1,053 1,154 1,094 925 898 832 869 893 736 806 830 831 835 807 795 886 842 Portfolio CITY AP Run Dam: 01/1812017 - 13:56 PM (PRF_PM4) 72.0 Report Vor. 7.3.3b HB -48-Item 1. - 35 City of HB Portfolio Management Page 1 Distribution of Investments By Type December 2015 through December 2016 December January February March April May June July August September October November December Average Security Type 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 2016 by Period Repurchase Agreements Certificates of Deposit Commercial Paper-Interest Bearing Federal Agency Issues - Coupon 68.1 68.1 66.0 69.2 71.1 59.7 60.0 62.9 65.2 68.8 629 61.0 66.7 65.4% Local Agency Investment Funds 122 12.3 13.1 11.9 7.9 24.0 24.0 20.5 17.6 11.7 152 15.2 10.1 15.1% Treasury Securities - Coupon Medium Term Notes - IBFtD 2.5 2.3 0.4% Negotiable CDs Certificates of Deposit - Bank Corporate Bonds 19.7 19.6 21.0 19.0 20.9 16.3 16.0 16.6 17.2 19.5 21.9 21.3 20.9 192% Mortgage Backed Securities Rankers Acceptances -Amortizing Commercial Paper Disc. -Amortizing Federal Agency Disc. -Amortizing Treasury Discounts -Amortizing Miscellaneous Discounts -Amortizing Money Market Acct Passbook/Checking Accounts -3 Rolling Repurchase Agreements Portfolio CITY AP Run Date: 01118/2017- 13:56 PM (PRF PM5) 7.3.0 Report Vet. 7.535 HB -49-Item 1. - 36 City of HB Portfolio Management Page 1 Interest Earnings Summary December 31, 2016 CD/Coupon/Discount Investments: Interest Collected Plus Accrued interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period December 31 Month Ending 426,157.22 405,435.69 630.550_94) 0.00) 201,041.97 -14,064.57 0.00 186,977.40 0.00 0.00 0.00 0.00 0.00 48,488.17 35,167.08) 13,321.09 214,363.06 -14,064.57 0.03 203,298.49 Fiscal Year To Date 738,40722 405,435.69 579,266.66) 0.00) 564,576_25 -38,389.59 0.00 526,186.66 0.00 0.00 0.00 0.00 61,729.76 48,488.17 63,911.05) 46,306.88 610,883.13 -38,389.59 0.00 572,493.54 0.00 0.00 0.00 0.00 0.00) 0.00) 0.00) 0.00) Portfolio CITY AP Run DMA,: 01/1812017 - 13:56 PM (PRF_PM6) 7.3.0 Report Var. 7.331> HB -50-Item 1. - 37 _0 0 v E s t State of California 4" MIA 9 Pooled Money Investment Account 4 u4 0 o = 0 at Market Valuation .. .., .ifsimoi 12/31/2016 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 11,446,490,727.80 $ 11,469,093,813.84 $ 11,466,957,500.00 NA Notes $ 21,240,182,012.60 $ 21,237,355,143.84 $ 21,210,171,500.00 $ 32,928,180.00 Federal Agency: SBA $ 792,593,999.73 $ 792,573,777.77 $ 785,274,949.19 $ 502,068.60 MBS-REMICs $ 49,039,552.21 $ 49,039,552.21 $ 51,627,495.79 $ 231,374.63 Debentures $ 1,025,076,967.25 $ 1,025,067,245.03 $ 1,021,615,500.00 $ 2,160,598.00 Debentures FR $ - $ - $ - $ - Discount Notes $ 7,173,459,944.34 $ 7,187,429,402.88 $ 7,187,637,000,00 NA GNMA $ - $ - $ - $ - Supranational Debentures $ 299,974,475.25 $ 299,974,475.25 $ 298,367,000.00 $ 713,263.50 Supranational Debentures FR $ 50,000,000.00 $ 50,000,000.00 $ 49,988,000.00 $ 108,611.11 CDs and YCDs FR $ 300,000,000.00 $ 300,000,000.00 $ 300,000,000.00 457,592.31 Bank Notes $ 600,000,000.00 $ 600,000,000.00 $ 599,926,626.16 $ 2,316,861.11 CDs and YCDs $ 10,750,000,000.00 $ 10,750,000,000.00 $ 10,746,696,134.35 $ 23,101,888.89 Commercial Paper $ 6,584,098,055.50 $ 6,591,520,541.63 $ 6,591,285,159.72 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 5,286,440,000.00 $ 5,286,440,000.00 $ 5,286,440,000.00 NA AB 55 & GF Loans $ 8,135,851,000.00 $ 8,135,851,000.00 $ 8,135,851,000.00 NA TOTAL $ 73,733,206,734.68 $ 73,774,344,952.45 $ 73,731,837,865.21 $ 62,520,438.15 Fair Value Including Accrued Interest $ 73,794,358,303.36 Governmental Accounting Standards Board (GAS B) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (0.999423823). As an example: if an agency has an account balance of $20,000,000,00, then the agency would report its participation in the LAIF valued at $19,988,476.46 or $20,000,000.00 x0.999423823. HB -51-Item 1. - 38 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department December 2016 Cash Receipts and Disbursements November 2016 December 2016 Receipts General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax (UUT) Other Revenue 5,694,548 23,834,299 3,336,800 3,651,567 167,979 212,581 926,955 633,544 1,585,747 1,472,432 4,472,949 4,198,252 Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses 16,184,978 100 4,599,427 462,595 593,441 1,130,158 546,050 1,004,512 $24,521,262 (11,747,325) (3,702,003) (894,280) (386,942) 34,002,674 43,042 4,878,349 806,028 507,544 471,232 1,679,992 2,367,853 $44,756,713 (18,120,033) (2,988,067) (226,493) (4,208) Total General Fund Disbursements (16,730,550) (21,338,802) HB -52-Item 1. - 39 (136,247) (2,000) (3,659,013) (346,054) (339,793) (1,115,649) (508,018) (947,727) (23,785,052) (410,813) (1,440) (5,602,208) (832,295) (934,128) (1,645,585) (1,086,546) (1,391,372) (33,243,188) Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances $736,210 $11,513,525 November 2016 December 2016 $63,463,276 80,226,032 5,593,037 5,665,094 20,631,273 20,534,527 60,960 59,520 72,756,073 71,835,225 10,344,494 11,692,410 11,365,253 10,938,669 26,617,593 24,955,976 $210,831,958 $225,907,452 * Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -53-Item 1. - 40 City of Huntington Beach City Treasurer’s Report Quarter ending: December 2016 Alisa Cutchen, CCMT, CPFIM City Treasurer HB -54-Item 1. - 41 Office of the City Treasurer •City Charter - Section 311 Powers and Duties •City Treasurer elected to 4-year term •Responsible to electorate Citizens of Huntington Beach City Treasurer HB -55-Item 1. - 42 City Treasurer’s Mission: Preservation and Return of Investments Portfolio governed by: ▫California Government Code Section 53600 et seq ▫City’s Investment Policy Certified by California Municipal Treasurers Association Reviewed and adopted annually HB -56-Item 1. - 43 Goal - Own Legal AND Suitable Investments to meet objectives of: Safety of Principal Adequate Liquidity Market Rate of Return In this absolute order of priority HB -57-Item 1. - 44 Allowable Investments: CA Government Code Section 53651 FY2016/17 Investment Policy Most commonly utilized: •U.S. Treasuries •Federal Agencies •Corporate Notes “A” rated and above •CA State Local Agency Investment Fund “LAIF” HB -58-Item 1. - 45 Investment Policy Limits: Maximum maturity Maximum specified % of portfolio Minimum quality (rating) requirements Maximum 10% per issuer except U.S. Treasury & Agency issues HB -59-Item 1. - 46 Federal Reserve interest rates in Dec: 0.50 – 0.75% DJIA 8%/S&P 3% vs. prior qtr. 10-year US Treasury 12/31: 2.45% HB -60-Item 1. - 47 10 Year Treasury: 1964-2016 High: 15.84% 9/30/81 Low: 1.37% 7/4/16 HB -61-Item 1. - 48 $ in millions: Investment Type Market Value Federal Agency Issues 140.9$ Local Agency Investment Fund (LAIF)21.5$ Medium Term Notes - IBRD 5.0$ Corporate Bonds 44.5$ Total Portfolio 211.9$ HB -62-Item 1. - 49 Portfolio Composition 12/31/16 Federal Agencies 67% LAIF 10% MTN/IBRD 2% Corporate Bonds 21% Based on book value HB -63-Item 1. - 50 Portfolio Holdings 12/31/16 Federal Agency Holdings: ▫Federal Home Loan Bank ▫Federal National Mortgage Association (Fannie Mae) ▫Federal Farm Credit Bank ▫Federal Home Loan Mortgage Corp. (Freddie Mac) HB -64-Item 1. - 51 Select Corporate Bond Issuers: ▫Apple Inc. ▫Caterpillar Financial Corp. ▫GE Capital Corp. ▫Coca Cola Co. ▫Merck & Co Inc. ▫Oracle Corp. Portfolio Holdings 12/31/16 HB -65-Item 1. - 52 Portfolio Compliance 12/31/16 Investment Type Policy Limit Actual Compliance Federal Agency Issues None 67%yes Local Agency Investment Fund (LAIF)$65 million $21.5 million yes Medium Term Notes - IBRD 10%2%yes Corporate Bonds 30%21%yes Portfolio Maximum per Issuer*10%yes Maximum maturity 5 years yes *Except for US Treasury/Agency Issues Based on book value HB -66-Item 1. - 53 Portfolio Earnings Month End 12/31/16 FY 2016/2017 Current Year 200,298$ 572,494$ Current Budget 140,000$ 420,000$ Last Year Actual 169,539$ 499,573$ Effective Rate of Return 1.19%1.15% Portfolio Earnings 12/31/16 HB -67-Item 1. - 54 Portfolio Earnings offset taxpayer $ for: • operating expenses •capital projects •debt repayment •other liabilities Portfolio remains compliant with relevant governmental regulations and the City’s Investment Policy HB -68-Item 1. - 55 QUESTIONS? Thank you! HB -69-Item 1. - 56 Minutes City Council/Public Financing Authority Regular Meeting, Successor Agency Special Meeting City of Huntington Beach Tuesday, January 17, 2017 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 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/ 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 4:03 PM ROLL CALL Pursuant to Resolution No. 2001-54, Mayor Delgleize requested, and was granted, permission to be absent. Present: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson Absent: Delgleize ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced a supplemental communication that was received by her office following distribution of the Council Agenda packet: For Study Session Item No. 1, a PowerPoint communication, dated January 17, 2017, entitled Huntington Beach General Plan — The Next Wave. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. City staff and consultants provided a status update on the General Plan Update Mayor Pro Tem Posey called on Community Development Director Scott Hess who introduced Jeff Henderson and Aaron Pfannenstiel of Michael Baker International, who, along with Planning Manager Jennifer Villasenor, made a PowerPoint presentation entitled Huntington Beach General Plan, The Next Wave with slides entitled: Agenda, General Plan Status Update, General Plan Approach, Huntington Beach General Plan Format, Proposed General Plan, Public Review Draft General Plan, CEQA Process, Next Steps and Opportunities for Input, and Sign Up on the Website. Mayor Pro Tem Posey and Planning Manager Villasenor discussed defining land use space. HB -70-Item 2. - 1 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 2 of 13 Councilmember Semeta and Planning Manager Villasenor discussed public outreach, including keeping the website current, using social media, and traditional legal notices. RECESS TO CLOSED SESSION – Item Nos. 2 – 6 — 4:23 PM CLOSED SESSION 2. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed 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. 3. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed 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 recessed 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 recessed 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 recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 6:00 PM – COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO ORDER THE SPECIAL MEETING OF THE SUCCESSOR AGENCY TO THE FORMER REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH — 6:03 PM ROLL CALL Pursuant to Resolution No. 2001-54, Mayor Delgleize requested, and was granted, permission to be absent. Present: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson Absent: Delgleize PLEDGE OF ALLEGIANCE — Led by Councilmember Hardy INVOCATION — Provided by 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. HB -71-Item 2. - 2 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 3 of 13 CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS Mayor Pro Tem Posey called on Victoria Alberty who presented Rebel, the Adoptable Pet of the Month. Further details can be found at Top Dog Barkery, Pacific City, or at www.waggintrails.org. Mayor Pro Tem Posey called on members of the Huntington Beach Fire Authority (HBFA), Great Balls of Fire Golf Tournament representatives, who presented a check for $30,000 to their beneficiary organization, Reach Out World Wide. Mayor Pro Tem Posey presented a commendation to California Closets representatives for receiving "Franchise of the Year" by its corporate entity. Mayor Pro Tem Posey presented a commendation to John Boucher, manager of Mandic Motors for receiving the prestigious “Order of the Cross” award and for being inducted into the “Order of Towman.” Mayor Pro Tem Posey called on Chief Financial Officer (CFO) Lori Ann Farrell Harrison who presented the Mayor’s Award to Accounting Technician II, Carol Rossi. Carol, who joined the Finance Department in 2006, was acknowledged for her outstanding performance as a cashier and as a cashier/accounts receivable trainer. She also works in the cash vault and is one of the few members of the team that is multi-talented in many diverse Finance Department operations. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet: For the City Manager's Report, Item No. 1, a PowerPoint communication, dated January 17, 2017, entitled Utility Billing System Upgrade. For Consent Calendar Item No. 10, an email communication submitted by Amory Hanson. PUBLIC COMMENTS (3 Minute Time Limit) — 7 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. Christy Schoenherz was called to speak and reported that the City's storm drain which runs from Frankfort Avenue to the Huntington Shorecliffs Mobile Home property, is broken in several locations. Mayor Pro Tem Posey asked Ms. Schoenherz to complete a blue card for follow-up. (00:37:16) Paula Lillis was called to speak and shared her opinion that there is lack of safety for residents walking in the Downtown area of Huntington Beach because of inadequate police protection. Mayor Pro Tem Posey asked Ms. Lillis to complete a blue card for follow-up. (00:39:04) Victor Valladares, Oak View ComUNIDAD, was called to speak and urged the City Council to support a full-time, multi-family housing inspection program and code enforcement officer to preserve and protect the health and safety of the City’s multi-family housing residents. (00:41:43) Oscar Rodriguez, Oak View ComUNIDAD, was called to speak and urged the City Council to support a multi-family housing inspection program to reduce multi- family housing deterioration and areas of blight. HB -72-Item 2. - 3 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 4 of 13 Oak View ComUNIDAD would like to see a Code Enforcement Officer dedicated to the Oak View community because current residents fear eviction for reporting poor living conditions. (00:44:52) Ada Briceno, Unite HERE Local 11, Los Angeles and Orange Counties, was called to speak and stated that Oak View residents live in fear of contacting Code Enforcement regarding their substandard housing. In her opinion, a multi-family housing inspection program would provide a pro-active solution to ensure the rehabilitation of properties which do not meet building and/or housing standards. (00:48:19) Claudia Nieves, supporting Oak View ComUNIDAD, was called to speak and shared her personal experience of eviction by the homeowner after she spoke to Code Enforcement about her deplorable living conditions. (00:51:12) Rosarsela Lopez, Orange County Community Organizers for Responsible Development (OCCORD), was called to speak and expressed her support for the residents of the Oak View community who live in sub- standard housing. She encouraged Huntington Beach Councilmembers to support efforts to improve living conditions for all city residents. (00:54:36) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember O'Connell announced the appointment of Lloyd Edwards to the Citizens Infrastructure Advisory Board. Councilmember Peterson announced that he will replace Councilmember Hardy as Liaison to the 4th of July Executive Commission, and Councilmember Hardy will replace his assignment to the Mobile Home Advisory Board. He reported attending a Southern California Association of Government (SCAG) meeting that looked at the impact of Proposition 64, Recreational Marijuana. SCAG wants to see city zoning, but not city taxes, for cannabis operations. Councilmember Semeta announced the appointment of Tom Shibel to the Citizens Infrastructure Advisory Board; A. J. DeLiberto to the Investment Advisory Board; and Chris Byrne to the Citizens Participation Advisory Board. She also announced that she would replace Councilmember O'Connell as Liaison to the Beautification, Landscape and Tree Committee. A motion was made by Hardy, second Brenden to accept revisions to City Council Boards/Commissions/ Committees Liaison Assignments as announced. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize CITY MANAGER’S REPORT 1. Finance Department presentation on the City’s new utility billing software by Finance Manager Jim Slobojan; City Manager Fred Wilson’s report on sand replenishment at various locations citywide. HB -73-Item 2. - 4 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 5 of 13 Manager Slobojan made a PowerPoint presentation entitled Utility Billing Software with the following titled slides: New Features, New Bill Statement, New Account Numbers, and Changes. The software is expected to go live at the end of the month. City Manager Fred Wilson reported that the Capital Improvement Program to replace sand in all five (5) Huntington Harbour beaches has been completed. City Manager Wilson shared “before” and “after” photos and thanked the Community Services and Public Works Departments for completion of the project. CONSENT CALENDAR Councilmember Peterson pulled Item Nos. 10 and 13 for further discussion. 2. Approved and adopted minutes A motion was made by Peterson, second Hardy to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 3. Appointed Fire Division Chief Dave McBride Alternate Board Member to Orange County- City Hazardous Materials Emergency Response Joint Powers Authority (OCCHMERA) A motion was made by Peterson, second Hardy to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 4. Approved the escheatment of Unclaimed Funds in the amount of $5,722.48 per Government Code Sections 50050-50057 A motion was made by Peterson, second Hardy to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None HB -74-Item 2. - 5 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 6 of 13 ABSENT: Delgleize 5. Accepted the lowest responsive and responsible bid and authorized 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, authorized 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 A motion was made by Peterson, second Hardy to accept the lowest responsive and responsible base bid submitted by the R.J. Noble Company in the amount of $1,416,298.50; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, 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). The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 6. Adopted 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 A motion was made by Peterson, second Hardy to 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, 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, 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, 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 HB -75-Item 2. - 6 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 7 of 13 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, 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, 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, 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, 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, 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, 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 HB -76-Item 2. - 7 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 8 of 13 Accordance with Health and Safety Code Section 34191.4(B)"; and, 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, 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)." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 7. Adopted 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 A motion was made by Peterson, second Hardy to 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, 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." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 8. Adopted 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 A motion was made by Peterson, second Hardy to 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." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson HB -77-Item 2. - 8 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 9 of 13 NOES: None ABSENT: Delgleize 9. Adopted Resolution No. 2017-06 amending the City’s Classification Plan by approving the modified Classification Titles of Information Technology Manager A motion was made by Peterson, second Hardy to 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." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 10. Approved request to continue to the Study Session of February 21, 2017 Special Meeting of January 26, 2017, the review and discussion on expanding hours at the HB Central Library to include Sundays Councilmember Peterson pulled this item to request that this item be moved to a Study Session rather than to the Special Meeting to make the discussion more available to the public. A motion was made by Peterson, second O’Connell to continue until the Study Session of February 21, 2017 Special Meeting of January 26, 2017, the review and discussion on expanding hours at the HB Central Library to include Sundays, as amended. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 11. Approved, authorized execution and recordation of the Certificate of Completion and Release of Development Agreement Obligations for the Pasea Hotel and Spa Project A motion was made by Peterson, second Hardy to 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, authorize the City Clerk to record the "Certificate of Completion and Release of Development Agreement Obligations" with the Orange County Recorder. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize HB -78-Item 2. - 9 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 10 of 13 12. Accepted and appropriated 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 A motion was made by Peterson, second Hardy to authorize the City Manager or his designee to accept grant funds from the California Department of Resources Recycling and Recovery; and, 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, accept and appropriate $10,840.00 from the State of California. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize 13. Continued to February 6, 2017, request to approve the purchase of a replacement fire engine and ambulance and authorized the City Manager to enter into all documents necessary to lease finance the purchase Councilmember Peterson pulled this item to get more details, such as the expected cost of on-going maintenance and number of hours on the fire engine. A motion was made by Peterson, second Semeta to continue to February 6, 2017, request to 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, as amended for staff to return with additional cost and maintenance information. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize PUBLIC HEARING 14. Approved for introduction Ordinance No. 4122 approving Zoning Map Amendment No. 16- 001, adopted Resolution No. 2017-02 approving Zoning Text Amendment No. 16-003, adopted Resolution No. 2017-03 approving Local Coastal Program Amendment No. 16-001, and approved Negative Declaration No. 16-001 (Sunset Beach Beachfront Floodplain Construction Requirements –FP3 Zoning) Senior Planner Ricky Ramos made a PowerPoint presentation entitled Sunset Beach Beachfront Flood Requirements with slides entitled: Request, Background, Analysis, Recommendation, and End. Councilmember Hardy and Senior Planner Ramos discussed that last summer the Council failed to support a request for updates to the 1985 study completed for the County. PUBLIC HEARING — 5 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. HB -79-Item 2. - 10 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 11 of 13 Mayor Pro Tem Posey opened the Public Hearing for this item. City Clerk Robin Estanislau announced the receipt of four (4) pieces of Supplemental Communications received on this item: 1) A PowerPoint presentation entitled Sunset Beach Beachfront Flood Requirements; 2) Two (2) email communications submitted by Sue Porter and Lloyd Warman; and 3) A Pipeline submission from Tony Sellas which included a Questions and Answers form submitted to the Coastal Commission, and a letter to the City from the Coastal Commission dated July 7, 2016. Karen Otis, Otis Architecture, was called to speak and expressed her support of Public Hearing Item No. 14, regarding Sunset Beach Beachfront Floodplain Construction Requirements. (01:19:13) Michael Porter, architect representing owner Lloyd Warman, was called to speak and expressed support for Public Hearing Item No. 14, regarding Sunset Beach Beachfront Floodplain Construction Requirements, without the recommended changes made by the Planning Commission. (01:21:22) Lloyd Warman, Sunset Beach Beachfront property owner, was called to speak and shared that from his experience as an engineer, City Councilmembers should not rely upon staff reports but rather the professional engineering reports in matters like this. (01:24:26) Cynthia Tomlinson, designer for Mr. Warman’s Sunset Beach beachfront property, was called to speak and stated the submitted property plans rely upon the best engineering available for life and safety, and she thanked City Council for their consideration. (01:27:19) Wayne Tomlinson was called to speak and expressed his support of Public Hearing Item No. 14, regarding Sunset Beach Beachfront Floodplain Construction Requirements. (01:28:42) There being no more speakers, Mayor Pro Tem Posey closed the Public Hearing. Councilmember O'Connell and the project architect Karen Otis discussed extra costs to meet the City's requirements. Councilmember Peterson and Director Hess discussed recommendations made by the Planning Commission. Councilmember Hardy and Director Hess discussed that a certified Local Coastal Program amendment would prevent having to get Coastal Commission approval for each project, unless a specific project was appealed. Councilmember Brenden and Director Hess discussed the two-foot elevation requirement. Councilmember Semeta and property architect Mr. Porter discussed the drainage slope requirements. Councilmember O'Connell and property architect Mr. Porter discussed mat slabs vs pilings. HB -80-Item 2. - 11 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 12 of 13 Councilmember O'Connell and Director Hess discussed current codes vs Amendment No. 16-001 which would allow for more flexibility in meeting engineering standards for flooding and wave velocity. Councilmember Peterson expressed his appreciation for the work that the Planning Commission put into this issue. Mayor Pro Tem Posey explained that the property owner will have the option to build on the type of foundation they choose. A motion was made by Peterson, second Brenden to approve Negative Declaration No. 16-001 with findings. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize A motion was made by Peterson, second Brenden to approve Zoning Map Amendment No. 16-001 with findings, after the City Clerk reads by title, to approve 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, 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, 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." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Hardy, Brenden, and Peterson NOES: None ABSENT: Delgleize COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Peterson recognized the unexpected passing of Cindy Cross, a local reporter who was also instrumental in the City's 3/1 Marines Foundation, a volunteer, and respected member of the community. Councilmember Hardy expressed her condolences to the family of Cindy Cross who was a tireless volunteer behind the scenes, and recognized the recent passing of Pamela Alagata, who was Director of the Miss Huntington Beach pageant for many years. Councilmember O'Connell expressed his condolences to the family of Cindy Cross. He also reported attending the OCTax Annual Members Meeting, the 2nd Annual Airshow Media Day/Sight Check with the Blue Angels, and the California League of Cities meeting. HB -81-Item 2. - 12 Council/PFA Regular Minutes Successor Agency Special Meeting Minutes January 17, 2017 Page 13 of 13 Councilmember Semeta expressed her condolences to the family of Cindy Cross. She also acknowledged the presence of Jamie McClure who just earned his Eagle Scout award as a member of Troop 227. Councilmember Brenden expressed his sympathies and condolences to the family of Cindy Cross and also to the family of Pamela Alagata, both of whom were important members of the community. He reported attending the Orchard Supply Hardware Event to celebrate the new store opening at Brookhurst and Adams. Mayor Pro Tem Posey expressed his sympathies and condolences to the family of Cindy Cross. He reported attending the OCTax Annual Members Meeting. ADJOURNMENT — At 7:40 PM to a City Council Special Meeting (Semi-Annual Strategic Planning Session) to be held on Thursday, January 26, 2017, at 8:00 AM at the Huntington Beach Central Library, Talbert Room, 7111 Talbert Avenue, 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. ______________________________________ 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 -82-Item 2. - 13 TO: FROM: DATE: SUBJECT: CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION Honorable Mayor Pro Tem iiiiici City Councilmembers Barbara Delgleize, M February 5, 2017 Annual Review of the City Code of Ethics At the City Council meeting of October 4, 1993, Resolution No. 6524 was adopted approving a Code of Ethics for all elected officials, officers, employees, advisory board members, commissions, and committees. The Code of Ethics (Code) was amended most recently by Resolution No. 2016-73 to clarify the process for filing Acknowledgement of Receipt forms. In addition, Resolution No. 2016-73 specifies that an annual review of the Code should occur each year. As stated in the Code, its purpose is "to set a standard of conduct for all elected officials, officers, employees, and members of advisory boards, commissions, committees of the City of Huntington Beach." The Mayor, City Manager, and Chairpersons are responsible for accomplishing this annual review. With this memorandum, I am formally presenting the Code of Ethics to the City Council, City Manager, Chairpersons, and City Department Heads for their review and distribution as specified by Resolution No. 2016-73. An explanation of the Code and link to Resolution No. 2016-73 can also be found on the City's website under Transparency in Huntington Beach — HB Open. Recommended Action: Direct the City Clerk to record in the official minutes that the Code of Ethics was presented to the City Council, the City Manager, Chairpersons, and City Department Directors for their review and distribution as required by Resolution No. 2016-73. Attachments: City of Huntington Beach Code of Ethics c: Fred A. Wilson, City Manager Executive Team City of Huntington Beach Board/Commission Chairpersons Board/Commission Staff Liaisons HB -83-Item 3. - 1 City of Huntington Beach Code of Ethics Preamble The citizens of the City of Huntington Beach are entitled to responsible, fair and honest city government that operates in an atmosphere of respect and civility. Accordingly, the Huntington Beach City Council adopts this code to: 1. Describe the standards of behavior to which its leaders and staff aspire. 2. Provide an ongoing source of guidance to elected leaders, city officials and staff in their day-to-day service to the city. 3. Promote and maintain a culture of ethics. Pledge On November 21, 2016, the City Council of the City of Huntington Beach adopted a Code of Ethics, which applies to all City elected or appointed officials, city employees, and members of its boards, commissions, committees, and task forces and requires the following pledge: Code of Ethics Responsibility • I understand that the community expects me to serve with dignity and respect, as well as be an agent of the democratic process. • I avoid actions that might cause the public to question my independent judgment. • I do not use my office or the resources of the city for personal or political gain. • I am a prudent steward of public resources and actively consider the impact of my decisions on the financial and social stability of the city and its citizens. Fairness • I promote consistency, equity and non-discrimination in public agency decision-making. • I make decisions based on the merits of an issue, including research and facts. • I encourage diverse public engagement in our decision-making processes and support the public's right to know. Respect • I treat my fellow city officials, staff, commission members and the public with patience, courtesy, civility, and respect, even when we disagree on what is best for the community and its citizens. Honesty • I am honest with all elected officials, staff, commission members, boards, the public and others. • I am prepared to make decisions when necessary for the public's best interest, whether those decisions are popular or not, • I take responsibility for my actions, even when it is uncomfortable to do so. HB -84-Item 3. - 2 ACKNOWLEDGEMENT PROCESS FOR THE CITY OF HUNTINGTON BEACH CODE OF ETHICS • All current elected and appointed city officials including current members of all city boards, commissions, committees, and task forces, and all current city employees will be given a copy of the newly adopted City Code of Ethics following its adoption on November 21, 2016 and asked to sign an acknowledgement form at that time. THEREAFTER: • All elected officials of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at the time of their swearing in. • All new employees of the city will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form as part of their new employee orientation. • Each new member of a city board, commission, committee, or task force will be given a copy of the City Code of Ethics and asked to sign an acknowledgement form at their first meeting. • Acknowledgment of Receipt forms for elected officials and members of boards, committees and commissions shall be maintained on file with the City Clerk. Said acknowledgments for officers and employees shall be maintained on file with the Department of Human ReSources. HB -85-Item 3. - 3 CITY OF HUNTINGTON BEACH CODE OF ETHICS ACKNOWLEDGMENT OF RECEIPT FORM Name: (Please type or print first and last name) Title: Board/ Department: Signature: Date: HB -86-Item 3. - 4 Dept. ID PW 17-007 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: On January 10, 2017, bids were opened for FY 16/17 Curb Access Ramp Installation Project, CC- 1541. City Council Action is requested to award the construction contract to Vido Samarzich, Inc., the lowest responsive and responsible bidder. Financial Impact: Total funds in the amount of $756,083 are available for this project. Funds of $306,083 are available in the Community Development Block Grant Fund (CDBG). Funds in the amount of $111,030 are available from CDBG Account No. 123585001.82000, $67,788.76 from CDBG Account No. 86385002.82000, $101,375.99 from CDBG Account No. 120885002.82000, $25,888.25 from CDBG Account No. 121985002.82000. Funds in amount of $300,000 are available from the Gas Tax Fund, Account No. 20790054.82300. Staff is seeking an appropriation of $150,000 from the undesignated Gas Tax Fund. Recommended Action: A) Accept lowest responsive and responsible bid submitted by Vido Samarzich, Inc. in the amount of $678,900; and, B) Authorize the appropriation of $150,000 from undesignated Gas Tax Funds to account 20790054.82300; and, C) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The project consists primarily of installing curb access ramps at various locations throughout the City in the residential neighborhoods. The American with Disabilities Act (ADA) statute requires the city to provide facilities and programs that are accessible to individuals with disabilities. Many of our street intersections and crossings lack the curb access ramps necessary to comply with ADA requirements. In 2016, Public Works was awarded a Community Development Block Grant for CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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: Award and authorize execution of a construction contract in the amount of $678,900 to Vido Samarzich, Inc. for the FY 16/17 Curb Access Ramp Installation Project, CC-1541; and, authorize an appropriation in the amount of $150,000 HB -87-Item 4. - 1 Dept. ID PW 17-007 Page 2 of 2 Meeting Date: 2/6/2017 construction of curb access ramps throughout the city. The project will provide ramps at locations in the residential reporting districts depicted in the Attachment 1 location map. These locations are prioritized from a list compiled by Public Works staff, based on staff and street condition. The bids were publically opened on January 10, 2017, with the verified bid amounts listed below: Bidding Contractor Submitted Bid Verified Bid VIDO SAMARZICH, INC. $678,900.00 $678,900.00 GSCI $721,050.00 $721,050.00 CJ CONSTRUCTION $725,850.00 $725,850.00 EBS GENERAL ENGINEERING $730,000.00 $730,000.00 NOBEST, INC. $774,000.00 $774,000.00 KALBAN $797,440.00 $797,440.00 HARDY & HARPER $818,000.00 $818,000.00 GENTRY GENERAL ENGINEERING $974,800.00 $974,800.00 MINCO CONSTRUCTION $1,005,250.00 $1,005,250.00 Staff recommends award of the contract to Vido Samarzich, Inc. in the amount of $678,900. The experience and reference check for the company has provided acceptable responses from past clients for similar projects. The total estimated project cost is $756,083, which includes the construction contract, project management, and construction contingency (inspection and labor compliance services). The budget for this project was $551,083 based on the cost of the two previous curb ramp projects. Bids for this project came in higher than anticipated; therefore staff is requesting an appropriation of $150,000 from undesignated Gas Tax funds in order to award the project. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on October 19, 2016, with a vote of 6-0-1 (Commissioner Troxell absent). Environmental Status: The project is categorically exempt pursuant to Class 1, Section 15301 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Vicinity Maps HB -88-Item 4. - 2 BIOLSA !AVE. NTS 153 RD ii 49i RD PDD <! 155 1 M FADD N AV cc [DINGI[RAE. RD RD 163 164 4 - I 174 SlIATER I AVE. TALBERT AVE. ELLIS AVE. PROJECT LOCATION CURB RAMP INSTALLATIONS INCLUDE REPORTING DISTRICT'S (RD) 152, 153, 154, 155, 162, 163, 164, 165, 174, AND 175 ()Southeast Corner Garfield Ave/Holly Ln Install Case CM Directional Ramp LEGEND PROJECT BOUNDARY RD BOUNDARY AVE. GARFIELD ZONE 10 OVERLAY PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 f HB -89-Item 4. - 3 Dept. ID AD-17-002 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: In August of 2016, the Huntington Beach Sustainable Business Certification was launched with funding from Southern California Edison (SCE), Southern California Gas Company (SCG) and Rainbow Environmental Services (Rainbow), with additional funding from a grant from the California Air Resources Board. This Council action requests the acceptance and appropriation of $10,000 to the Sustainable Business Certification Fund which enables staff to work with businesses to lower their operational costs and become a certified “Sustainable Business.” Financial Impact: The City will receive $5,000 each from SCE and SCG for a total of $10,000. There is no requirement for matching funds from the City. Recommended Action: Accept and appropriate $10,000 from investor owned utilities Southern California Edison (SCE) and Southern California Gas (SCG) into Fund 1234. Alternative Action(s): Do not approve and direct staff how to proceed. Analysis: In 2016, the City was awarded $20,000 in grant funding from the California Air Resources Board, and an additional $5,000 each from SCE, SCG, and Rainbow to implement the Sustainable Business Certification Program. City staff worked with SCE, SCG, Rainbow, the Orange County Sanitation District, the South Coast Air Quality Management District to create the certification criteria. This collaboration was done to ensure that all incentives and rebates available would be part of the certification process. The program promotes the achievement of a healthier and cleaner environment by helping City businesses integrate environmental responsibility into their operations in a manner that is sustainable and profitable. This program helps businesses stay ahead of upcoming environmental laws in California and is an economic development tool that helps certified Huntington Beach businesses market to, and attract, environmentally-conscious customers. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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: Acceptance and appropriation of funds in the amount of $10,000 from Southern California Edison (SCE) and Southern California Gas Company (SCG) for the City of Huntington Beach Sustainable Business Program HB -90-Item 5. - 1 Dept. ID AD-17-002 Page 2 of 2 Meeting Date: 2/6/2017 Each business certified becomes part of a Statewide and nationally recognized program, the California Green Business Network (http://www.greenbusinessca.org/). Additionally, the program helps the City meet its public education and outreach requirements for AB 939 (50% waste diversion), AB 341 (multi-family recycling), AB 1826 (organic waste), and for the City’s National Pollutant Discharge Elimination System Permit (NPDES) requirements. The certification process consists of the completion of an audit promoting solid waste reduction, recycling, energy conservation, water conservation, and pollution prevention. The City uses a tiered approach, which helps ease businesses into taking cost-saving measures. This tiered approach has received accolades from the Statewide Energy Efficiency Consortium (SEEC) and Clean Tech OC, and was recognized by SEEC in June 2016 as a successful model. The City’s program is one of four in the County, but the only program that enables businesses to choose a Silver, Gold, or Platinum level in which to become certified. The City has certified ten businesses over the past year, saving 149,997 gallons of water, 36 gallons of fuel, 213 mgs of mercury, 439,214 kWh, 282,515 lbs. of CO2, and diverting 66 gallons of hazardous waste and 11,038 lbs. of solid waste. Additionally, a large manufacturer in Huntington Beach, Primal Elements was able to become nearly zero waste; saving almost $200 per week on disposal costs. Additionally, they donate their soap “discards” to the Goodwill and non-profits that assist the homeless. These environmental savings translate to cost savings that enable the businesses to invest in other aspects of their operations including but not limited to hiring more employees, expanding, or investing in research and development. There is currently a list of businesses waiting to be certified, the list includes: Duke’s, Slapfish, Mother’s Market, Cheesecake Factory, Visit Huntington Beach, Saffron Grill, DZine, Delton Scientific Plastics, and the Coffee Bean and Tea Leaf (Beach Blvd.). The additional funds will enable City staff to certify these businesses over the next year. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): None HB -91-Item 5. - 2 Dept. ID FD17 004 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The Fire Department uses professional environmental engineering and plan check/fire inspection services on an as-needed basis. These services are critical to keeping pace with the current development occurring in the community. An appropriation of $395,000 is requested for these services. Financial Impact: The recommended action is primarily cost-neutral since these expenditures are reimbursed by developers and offset by revenue generated from cost recovery fees from associated plan checks and inspections. Recommended Action: Approve an appropriation of $395,000 to the Fire Prevention business unit (10065201.69365) for professional environmental engineering and plan check/fire inspection services. Funding will be allocated on an incremental basis as needed, based on development project demands. Alternative Action(s): Do not appropriate the funds and provide staff with alternative direction. Analysis: Applicants who submit development projects to the City pay fees for plan checks and inspections and expect reasonable service levels. When City staff can no longer meet demands of increased development activity, these services have historically been supplemented with professional environmental engineering and plan check/fire inspection services. This approach is a cost effective method of closing the gap between the demands for plan check/inspection services and the ability of City staff to meet this demand. The Huntington Beach Fire Department is responsible for oversight of the cleanup of contaminated soil, as required by the Fire Code, Municipal Code and City specifications. To provide these services, City staff uses environmental engineering firms who possess the technical expertise to perform these duties. Environmental Engineering firms provide guidance for City staff in evaluating and approving soil remediation activities, which is usually associated with development activities. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: David A. Segura, Fire Chief SUBJECT: Approve additional appropriation in the amount of $395,000 for as-needed General Environmental Engineering and Plan Check /Fire Inspection Services HB -92-Item 6. - 1 Dept. ID FD17 004 Page 2 of 2 Meeting Date: 2/6/2017 Typical environmental engineering services include: • Review of mitigation plans for contaminated soil sites • Review of mitigation plans for naturally occurring and petroleum-based methane gas • Providing field and laboratory oversight as necessary to evaluate the sampling and remedial actions to ensure compliance with all applicable City Municipal Code and City specifications • Submitting written reports of findings and recommendations regarding testing results, remediation plans and closure reports • Providing representation when requested at meetings and presentations regarding soil remediation plans and associated activities The Department is requesting an additional appropriation for professional environmental engineering and plan check/fire inspection services. The current funding for FY 2016/17 is $151,900 and is anticipated to be exhausted by the end of March 2017 due to current development activity. An appropriation of $395,000 to the Fire Prevention business unit (10065201.69365) is requested. These expenditures are primarily cost-neutral since the services are reimbursed by developers and also offset by General Fund revenue generated from cost recovery fees. In FY 2014/15, the year-end expenditure reached $426,800 and for FY 2015/16 it was $521,300. The additional allocation is needed to continue providing development related services in the community. Environmental Status: None. Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): None HB -93-Item 6. - 2 Dept. ID AD-17-001 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The City of Huntington Beach approved Resolution 2009-09 and entered into a Local Government Energy Action Partnership in 2009. The City subsequently replaced that agreement on January 19, 2010, with both Southern California Edison (SCE) and Southern California Gas (SCG) for the program period of 2010-2012 and subsequently approved first, second, and third amendments through December 2016. SCE and SCG now simply request a Resolution declaring support for the partnership. Financial Impact: Not applicable. While there is no cost to the City by participating in the partnership, the City is eligible for additional monetary incentives for energy efficiency improvements/projects. Recommended Action: Adopt Resolution No. 2017-05, “A Resolution of the City Council of the City of Huntington Beach Declaring Support for An Energy Partnership Between Southern California Edison Company and Southern California Gas Company To Be Known as “Energy Partnership.” Alternative Action(s): Do not approve and direct staff how to proceed. Analysis: The Southern California Edison Company (SCE) and the Southern California Gas Company (SCG) have partnered with the Cities of Huntington Beach, Costa Mesa, Newport Beach, Fountain Valley, and Westminster to administer the Orange County Cities Energy Partnership since 2009. The cities of Irvine and Santa Ana were recently added to the Orange County Cities Energy Partnership (OCCEP) to more fully integrate the activities in Orange County. The partnership framework provides enhanced incentives for energy saving projects in City facilities, technical assistance, marketing, and education and outreach to support Huntington Beach’s sustainability and energy efforts in the community. This includes incentives and rebates for the City’s water distribution system (e.g. booster pumps, pump tests) and facilities (direct install of lighting at Fire Stations and other City facilities). CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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: Adopt Resolution No. 2017-05 declaring support for an Energy Partnership Between Southern California Edison (SCE) Company and Southern California Gas (SCG) Company to be known as “Energy Partnership” HB -94-Item 7. - 1 Dept. ID AD-17-001 Page 2 of 2 Meeting Date: 2/6/2017 The funds come from the Public Goods charge that both SCE and SCG collect from their ratepayers as required by the California Public Utilities Commission (CPUC). SCE and SCG administer these funds with CPUC oversight to increase energy efficiency and sustainability efforts in local communities (known as the Rolling Portfolio). Through the course of the program the City has received over $1 million in incentive funding for projects that have included interior lighting upgrades, LED lighting retrofits, chiller upgrades, and HVAC retro-commissioning. In the future, the City will receive approximately $986,000 in rebates for the LED streetlight conversion and $10,000 to fund the City’s Sustainable Business Certification program. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Adopt Resolution No. 2017-05, “ A Resolution of the City Council of the City of Huntington Beach Declaring Support for an Energy Partnership Between Southern California Edison Company and Southern California Gas Company To Be Known as “Energy Partnership” HB -95-Item 7. - 2 RESOLUTION NO. 2017-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING SUPPORT FOR AN ENERGY PARTNERSHIP BETWEEN SOUTHERN CALIFORNIA EDISON COMPANY AND SOUTHERN CALIFORNIA GAS COMPANY TO BE KNOWN AS "ENERGY PARTNERSHIP" WHEREAS, the Energy Partnership representing the participating County and City supports "energy efficiency" initiatives, policies, and construction standards in order to ensure that our communities follow and encourage sustainable practices; and Local demand for electricity has grown, and it is expected that demand for electricity will continue to grow in the near future to support a growing population and economy; and Since residents and businesses spend significant amounts for energy, it makes economic sense and good public policy to encourage energy efficiency in the City of Huntington Beach and our community; and Energy efficiency programs enhance our environment by improving air quality, reducing greenhouse gases and other pollution, and conserving natural resources; and It is vital for our community to keep spending locally and to encourage innovations in the way we behave, build, and incorporate energy into our everyday business and personal lives; and There is a growing movement within California communities and businesses to improve everyday practices and create more sustainable and "greener" cities; and The communities comprised of the Energy Partnership seek to promote innovative methods and state-of-the-art technologies used in the design and construction of new residential and commercial buildings within the region, in order to bring energy and natural resource consumption in line with our sustainability goals; and The City of Huntington Beach has been identified by the participating Energy Partnership jurisdictions to enter into an agreement with Southern California Gas Company ("SCG") and Southern California Edison ("SCE") on their behalf to represent them and implement the activities of the participating Energy Partnership jurisdictions; and The Energy Partnership brings together the City of Huntington Beach, SCE, SCG and the Energy Partnership member agencies in a cooperative program to promote energy efficiency, regional sustainability goals, and collaboration. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The above recitations are true and correct. 16-5511/146791/DO I HB -96-Item 7. - 3 RESOLUTION NO. 2017 - 05 2. That the City of Huntington Beach supports a commitment to sustainable practices through energy efficiency, and will provide leadership and guidance in promoting, facilitating, and instituting such practices in the region. 3. That the City of Huntington Beach supports and endorses the Energy Partnership (a SCE & SCG Local Government Partnership) as an effective method to help meet long-term regional economic and environmental goals. 4. That the City of Huntington Beach will name one or more individuals to the Energy Partnership working group that will review progress regularly with the cities of Newport Beach, Santa Ana, Irvine, Costa Mesa, Fountain Valley, and Westminster, SCE, and SCG. 5. That the City of Huntington Beach with the assistance of SCE & SCG and the Partnership will identify and support implementing the suite of programs and projects within the City of Huntington Beach municipal facility and community energy efficiency and sustainability goals. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 Mayor REVIEWED AND APPROVED: City Manager 16-5511/146791/DO 2 HB -97-Item 7. - 4 Dept. ID ED 17-04 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The City Council is asked to approve and authorize the execution of an Agreement and Escrow Instructions with Peter Chamie, as Successor Trustee for the purchase of an Easement over the portion of real property located at 7900 Edinger Avenue, Huntington Beach, in the amount of $15,200.00 and $2,500.00 in escrow fees. Financial Impact: Funds for the acquisition of the easement and escrow expenses have been allocated in the Public Works Edinger Widening Project Fund No. 20690013.82700. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute “Agreement for Acquisition and Escrow Instructions” between the City of Huntington Beach and Peter Chamie, as Successor Trustee of the Denise Chamie Trust, dated August 14, 1970, as to an undivided ¼ interest; Peter Chamie, as Successor Trustee of the Peter Chamie Trust, dated August 14, 1970, as to an undivided ¼ interest; and Peter Chamie, Successor Trustee of the Alfred P. Chamie and Elizabeth Chamie Revocable Trust, dated August 14, 1970, as to an undivided ½ interest; and, B) Authorize the Mayor and City Clerk to execute the Agreement for Acquisition and Escrow Instructions and other related documents; and, C) Authorize the City Manager to execute any other related title documents. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: One of the City’s Capital Improvement Projects (CIP) is the widening of Edinger Avenue. The project will widen the southerly side of Edinger Avenue, between Parkside Lane and Beach Boulevard and to lengthen the existing right-turn lane which will assist traffic on Edinger Avenue. In order to construct the public improvements the City must acquire an easement over 168 square feet of land owned by the Trust, which is depicted in Attachment A. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve and authorize the execution of an Agreement and Escrow Instructions with Peter Chamie, Trustee, for the purchase of an easement for Street and Highway purposes over real property located at 7900 Edinger Avenue (APN: 142-081-02, 03) HB -98-Item 8. - 1 Dept. ID ED 17-04 Page 2 of 2 Meeting Date: 2/6/2017 All design work for the proposed street improvements consisting of paving, curbs, gutters, sidewalks, aprons, and landscaping has been completed. The Public Works Department has advertised the project and is ready to move forward with construction. Staff recommends approval of the Agreement in furtherance of the Edinger Widening Project. Environmental Status: The initial environmental assessment for the Edinger Widening Project was processed and completed in accordance with the California Environmental Quality Act (“CEQA”). It was determined that this item will not have any significant environmental effects. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Site Map 2. Agreement for Acquisition and Escrow Instructions HB -99-Item 8. - 2 7900 & 7942 Edinger Ave. Arby's 142-081-02 & 03 Area = 168 SF EXISTING R/W PROPOSED R/W 57'49' 8'PROPOSED ACQUISITION HB -100-Item 8. - 3 AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS This AGREEMENT FOR ACQUISITION AND ESCROW INSTRUCTIONS ("Agreement") is made and entered into as of this day of 2016, and constitutes an agreement by which Peter Chamie, as Successor Trustee of the Denise Chamie Trust, dated August 14, 1970, as to a undivided 'A interest, Peter Ch.amie, as Successor Trustee of the Peter Chamie Trust, dated August 14, 1970, as to a undivided 1/2 interest and Peter Chamie as Successor Trustee of the Alfred P. Chamie and Elizabeth Chamie Revocable Trust, dated August 14, 1970, as to a undivided interest ("Seller") agrees to sell, and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("Buyer"), agrees to purchase on the terms and conditions hereinafter set forth: An easement over a portion of that certain real property described in Exhibit "A" attached hereto, bearing Orange County Assessor's Parcel Numbers 142-081-02 and 03 ("Property"). The terms and conditions of this Agreement and the instructions to Commonwealth Title Company ("Escrow Holder") with regard to the escrow ("Escrow") created pursuant hereto are as follows: 1. Purchase and Sale. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Seller agrees to sell the Property to Buyer, and Buyer agrees to purchase the Property from Seller, upon the terms and conditions herein set forth. 2. Purchase Price. The purchase price ("Purchase Price") for the Property shall be Fifteen Thousand Two Hundred Dollars ($15,200). This sum shall be full payment for the Property and for all damages of every kind and nature, including, but not limited to, pre- condemnation damages, loss of rental income and severance damages suffered, any and all claims suffered, or to be suffered, by reason of the acquisition of the Property. 3. Acknowledgment of Full Benefits and Release. a. By execution of this Agreement, Seller, on behalf of itself and its respective successors and assigns, hereby acknowledges that this Agreement provides full payment for the acquisition of the Property by Buyer, and Seller hereby expressly and unconditionally waives any and all claims for damages, relocation assistance benefits, severance damages, interest, loss of goodwill, claims for inverse condemnation or unreasonable pre-condemnation conduct, or any other compensation or benefits, other than as already expressly provided for in this Agreement, it being understood that this is a complete and full settlement of all acquisition claims, liabilities or benefits of any type or nature whatsoever relating to or in connection with Buyer's acquisition of the Property. PC. Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 1 of 12 HB -101-Item 8. - 4 b. The parties hereto hereby agree that all rights under Section 1542 of the Civil Code of the State of California are hereby waived. Civil Code Section 1542 provides as follows: "A general release does not extend to claims which the creditor does not know or suspect to exist in his/her favor at the time of executing the release, which if known by him/her must have materially affected his/her settlement with the debtor." Notwithstanding the provisions of Civil Code Section 1542, Seller hereby irrevocably and unconditionally releases and forever discharges the Buyer and each and all of its officers, agents, directors, supervisors, employees, representatives, and its successors and assigns and all persons acting by, through, under, or in concert with the Buyer from any and all charges, complaints, claims, and liabilities of any kind or nature whatsoever, known or unknown, suspected or unsuspected (hereinafter referred to as "claim" or "claims") which Seller at any time heretofore had or claimed to have or which Seller at any time hereafter may have or claim to have, including, without limitation, any and all claims related or in any manner incidental to this transaction. I HAVE READ AND UNDERSTOOD PARAGRAPH 3 Acknowledgment of Full Benefits and Release. Seller's Initials 4. Payment of Purchase Price. The Purchase Price for the Property shall be payable by Buyer as follows: Upon the Close of Escrow, Buyer shall deposit or cause to be deposited with Escrow Holder, in cash or by a certified or bank cashier's check made payable to Escrow Holder or a confirmed wire transfer of funds, the Purchase Price plus or minus Escrow Holder's estimate of Buyer's closing costs, prorations and charges payable pursuant to this Agreement. All escrow, recording and title insurance costs to be paid by Buyer. 5. Escrow. a. Opening of Escrow. For purposes of this Agreement, the Escrow shall be deemed opened on the date Escrow Holder shall have received an executed counterpart of this Agreement from both Buyer and Seller ("Opening Date"). Escrow Holder shall notify Buyer and Seller, in writing, of the date Escrow is opened and the Closing Date, as defined in Paragraph 5(b), below. In addition, Buyer and Seller agree to execute, deliver, and be bound by any reasonable or customary supplemental escrow instructions of Escrow Holder, or other instruments as may reasonably be required by Escrow Holder, in order to consummate the transaction contemplated by this Agreement. Any such supplemental instructions shall not Pc- Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 2 of 12 HB -102-Item 8. - 5 conflict with, amend, or supersede any portion of this Agreement. If there is any inconsistency between such supplemental instructions and this Agreement, this Agreement shall control. b. Close of Escrow. For purposes of this Agreement, "Close of Escrow" shall be defined as the date that the Grant Deed, conveying the Property to Buyer, is recorded in the Official Records of Orange County, California. This Escrow shall close within sixty (60) days of the Opening Date ("Closing Date"). 6. Conditions of Title. It shall be a condition to the Close of Escrow and a covenant of Seller that title to the Property shall be conveyed to Buyer by Seller by the Grant Deed, subject only to the following Approved Conditions of Title ("Approved Condition of Title"): a. A lien to secure payment of real estate taxes, not delinquent. b. The lien of supplemental taxes assessed pursuant to Chapter 15, commencing with Section 75 of the California Revenue and Taxation Code ("Code"), but only to the extent that such supplemental taxes are attributable to the transaction contemplated by this Agreement. Seller shall be responsible for, and hereby indemnifies Buyer and the Property against, any supplemental taxes assessed pursuant to the Code, to the extent that such taxes relate to events (including, without limitation, any changes in ownership and/or new construction) occurring prior to the Close of Escrow. c. Matters affecting the Approved Condition of Title created by or with the written consent of Buyer. d. Exceptions which are disclosed by the Report described in Paragraph 8a(1) hereof and which are approved or deemed approved by Buyer in accordance with Paragraph 8a(1) hereof. Seller covenants and agrees that during the term of this Escrow, Seller will not cause or permit title to the Property to differ from the Approved Condition of Title described in this Paragraph 6. Any liens, encumbrances, easements, restrictions, conditions, covenants, rights, rights-of-way, or other matters affecting the Approved Condition of Title which may appear of record or be revealed after the date of the Report described in Paragraph 8a(1) below, shall also be subject to Buyer's approval and must be eliminated or ameliorated to Buyer's satisfaction by Seller prior to the Close of Escrow as a condition to the Close of Escrow for Buyer's benefit. Buyer hereby objects to all liens evidencing monetary encumbrances affecting the Property (other than liens for non- delinquent property taxes) and Seller agrees to cause all such liens to be eliminated at Seller's sole cost and expense prior to the Closing Date. / Seller's Initials Buyer's Initials 16-5145/133385_2RD Page 3 of 12 HB -103-Item 8. - 6 7. Title Policy. Title shall be evidenced by the willingness of the Title Company to issue its CLTA Standard Form Policy or Binder of Title Insurance ("Title Policy") in the amount of the Purchase Price showing title to the Property vested in Buyer subject only to the Approved Condition of Title. 8. Conditions to Close of Escrow. a. Conditions to Buyer's Obligations. The Close of Escrow and Buyer's obligation to consummate the transaction contemplated by this Agreement are subject to the satisfaction of the following conditions for Buyer's benefit on or prior to the dates designated below for the satisfaction of such conditions: (1) Preliminary Title Report and Exceptions. Immediately after escrow is opened as provided herein, City agrees to cause Commonwealth Title Company to issue a Preliminary Title Report relating to the Property. Within fifteen (15) days after escrow has been opened, the City will cause Commonwealth Title Company to issue an Amendment to Escrow Instructions, which indicates those title exceptions that the City will accept. Seller will have ten (10) days after receipt of such amendment to review and approve it. In the event of non-approval, escrow will fail and each party will instruct Commonwealth Title Company to cancel the escrow. (2) Representations, Warranties, and Covenants of Seller. Seller shall have duly performed each and every agreement to be performed by Seller hereunder and Seller's representations, warranties, and covenants set forth in Paragraph 14 shall be true and correct as of the Closing Date. (3) No Material Changes. At the Closing Date, there shall have been no material adverse changes in the physical or financial condition of the Property and there shall have been no material adverse change in the financial condition of Seller or any general partners of Seller. (4) Inspections and Studies. On or before thirty (30) days after Opening Date ("Due Diligence Period"), Buyer shall have approved the results of any and all inspections, investigations, tests and studies (including, without limitation, investigations with regard to governmental regulations, engineering tests, soil and structure investigation and analysis, seismic and geologic reports) with respect to the Property (including all structural and mechanical systems and leased areas) as Buyer may elect to make or obtain. The failure of Buyer to disapprove said results on or prior to the expiration of the Due Diligence Period shall be deemed to constitute Buyer's approval of the results. The cost of any such inspections, tests and studies shall be borne by Buyer. During the term of this Escrow, Buyer, / 16-5145/133385_2/PD Seller's Initials Buyer's Initials Page 4 of 12 HB -104-Item 8. - 7 its agents, contractors and subcontractors shall have the right to enter upon the Property, at reasonable times during ordinary business hours, to make any and all inspections and tests as may be necessary or desirable in Buyer's sole judgment and discretion. Buyer shall use care and consideration in connection with any of its inspections. Buyer shall indemnify and hold Seller and the Property harmless from any and all damage arising out of, or resulting from the negligence of Buyer, its agents, contractors and/or subcontractors in connection with such entry and/or activities upon the Property. (5 ) Council Approval. The completion of this transaction, and the escrow created hereby, is contingent upon the specific acceptance and approval of the Buyer by action of the Buyer's City Council. b. Conditions to Seller's Obligation. For the benefit of Seller, the Close of Escrow shall be conditioned upon the occurrence and/or satisfaction of each of the following conditions (or Seller's waiver thereof, it being agreed that Seller may waive any or all of such conditions): (1) Buyer's Obligations. Buyer shall have timely performed all of the obligations required by the terms of this Agreement to be performed by Buyer, and (2) Buyer's Representations. All representations and warranties made by Buyer to Seller in this Agreement shall be true and correct as of the Close of Escrow. 9. Deposits by Seller. At least one (1) business day prior to the Close of Escrow, Seller shall deposit or cause to be deposited with Escrow Holder the following documents and instruments: a. Seller's Certificate Federal. A Certificate of Nonforeign Status (Seller's Certificate). b. California Withholding Exemption Certificate. A California Withholding Exemption Certificate (or in the event the Seller is a non-California resident, a certificate issued by the California Franchise Tax Board) pursuant to the Revenue and Taxation Code Sections 18805 and 26131, as may be amended, stating either the dollar amount of withholding required from Seller's proceeds or that Seller is exempt from such withholding requirement. c. Grant Deed. The Grant Deed conveying the Property to Buyer duly executed by Seller, acknowledged and in recordable form. / Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 5 of 12 HB -105-Item 8. - 8 10. Deposits by Buyer. Buyer shall deposit, or cause to be deposited with Escrow Holder, the funds which are to be applied toward the payment of the Purchase Price in the amounts and at the times designated in Paragraph 4 above (as reduced or increased by the prorations, debits and credits hereinafter provided). 11. Costs and Expenses. The cost and expense of the Title Policy attributable to CLTA coverage shall be paid by Buyer. The escrow fee of Escrow Holder shall be paid by Buyer. Buyer shall pay all documentary transfer taxes, if any, payable in connection with the recordation of the Grant Deed. The amount of such transfer taxes shall not be posted on the Grant Deed, but shall be supplied by separate affidavit. Buyer shall pay the Escrow Holder's customary charges to Buyer and Seller for document drafting, recording, and miscellaneous charges_ If, as a result of no fault of Buyer or Seller, Escrow fails to close, Buyer shall pay all of Escrow Holder's fees and charges_ Penalties for prepayment of bona fide obligations secured by any existing deed of trust or mortgage shall be waived pursuant to Civil Code Procedures Section 1265.240. P. Prorations. The following prorations shall be made between Seller and Buyer on the Closing Date, computed as of the Closing Date: a. Taxes. Real and personal property taxes and assessments on the Property shall be prorated on the basis that Seller is responsible for (i) all such taxes for the fiscal year of the applicable taxing authorities occurring prior to the "Current Tax Period," and (ii) that portion of such taxes for the Current Tax Period determined on the basis of the number of days which have elapsed from the first day of the Current Tax Period to the Closing Date, inclusive, whether or not the same shall be payable prior to the Closing Date. The phrase "Current Tax Period" refers to the fiscal year of the applicable taxing authority in which the Closing Date occurs. In the event that as of the Closing Date the actual tax bills for the year or years in question are not available, and the amount of taxes to be prorated as aforesaid cannot be ascertained, then rates and assessed valuation of the previous year, with known changes, shall be used, and when the actual amount of taxes and assessments for the year or years in question shall be determinable, then such taxes and assessments will be reprorated between the parties to reflect the actual amount of such taxes and assessments. b. No Rental Pro-rations. The Escrow Holder is hereby instructed not to perform any rental pro-rations at the Close of Escrow. 13. Disbursements and Other Actions by Escrow Holder. Upon the Close of Escrow, the Escrow holder shall promptly undertake all of the following in the manner indicated: a. Prorations_ Prorate all matters referenced herein, based upon the statement delivered into Escrow signed by the parties. Pc / / Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 6 of 12 HB -106-Item 8. - 9 b. Recording. Cause the Grant Deed and any other documents, which the patties hereto may mutually direct, to be recorded in the Official Records of Orange County, California, in the order set forth in this subparagraph. Escrow Holder is instructed not to affix the amount of documentary transfer tax on the face of the Deed, but to supply same by separate affidavit. c. Funds. Disburse from funds deposited by Buyer with Escrow Holder toward payment of all items chargeable to the account of Buyer, pursuant thereto in payment of such costs, and disburse the balance of such funds, if any, to Buyer. d. Documents to Buyer. Deliver the Seller's Certificate and Bill of Sale, executed by Seller, and, when issued, the Title Policy to Buyer. e. Pay demands of existing lienholders. Escrow Holder is hereby authorized and instructed to cause the reconveyance, or partial reconveyance, as the case may be, of any such monetary exceptions to Buyer's title to the Property at or prior to the Close of Escrow. 14. Seller's Representations and Warranties. In consideration of Buyer entering into this Agreement, and as an inducement to Buyer to purchase the Property, Seller makes the following representations and warranties, each of which is material and is being relied upon by Buyer (and the continued truth and accuracy of which shall constitute a condition precedent to Buyer's obligations hereunder): a. Authorization. This Agreement has been duly and validly authorized, executed and delivered by Seller, and no other action is requisite to the execution and delivery of this Agreement by Seller. b. Threatened Actions. There are no actions, suits or proceedings pending against, or, to the best of Seller's knowledge, threatened or affecting the Property in law or equity. c. Third Party Consents. No consents or waivers of or by, any third party are necessary to permit the consummation by Seller of the transactions contemplated pursuant to this Agreement. d. Condemnation. There are no pending, or, to the best of Seller's knowledge, threatened proceedings in eminent domain or otherwise, which would affect the Property or any portion thereof. e. Agreements. There are no agreements (whether oral or written) affecting or relating to the right of any party with respect to the possession of the Property, or any portion thereof, which are obligations which will affect the Property or any portion thereof subsequent to the recordation of the Grant Deed, except as may be Pc Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 7 of 12 HB -107-Item 8. - 10 reflected in the Condition of Title, which shall have been approved by Buyer pursuant to the terms of this Agreement. f. Documents. To the best of Seller's knowledge, all documents delivered to Buyer and Escrow Holder pursuant to this Agreement are true and correct copies of originals, and any and all information supplied to Buyer by Seller is true and accurate. g. Licensed Permits. To the best of Seller's knowledge, Seller has acquired all licenses, permits, easements, rights-of-way, including without limitation, all building and occupancy permits from any governmental authority having jurisdiction. h. Waste Disposal. No portion of the Property has ever been used by Seller as a waste storage or disposal site, and Seller is not aware of any such prior uses. 15. Buyer's Representations and Warranties. In consideration of Seller entering into this Agreement, and as an inducement to Seller to sell the Property to Buyer, Buyer makes the following representations and warranties, each of which is material and is being relied upon by Seller (the continued truth and accuracy of which shall constitute a condition precedent to Seller's obligations hereunder): a. This Agreement and all documents executed by Buyer under this Agreement which are to be delivered to Seller are, or at the time of Close of Escrow will be, duly authorized, executed, and delivered by Buyer, and are, or at the Close of Escrow will be legal, valid, and binding obligations of Buyer, and do not, and at the Close of Escrow will not violate any provisions of any agreement or judicial order to which Buyer is a party or to which it is subject. b. The representations and warranties of Buyer set forth in this Agreement shall be true on and as of the Close of Escrow as if those representations and warranties were made on and as of such time. c. Improvement and Maintenance of the Property. Buyer expressly assumes all obligations for improvements on the Property and for maintenance of the Property. 16. Damage or Condemnation Prior to Closing. Seller shall promptly notify Buyer of any knowledge by Seller of casualty to the Property or any condemnation proceeding commenced prior to the Close of Escrow. If any such damage or proceeding relates to, or may result in, the loss of any material portion of the Property, Seller or Buyer may, at their option, elect either to: Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 8 of 12 HB -108-Item 8. - 11 (a) terminate this Agreement, in which event all funds deposited into Escrow by Buyer shalt be returned to Buyer and neither party shall have any further rights or obligations hereunder, or (b) continue the Agreement in effect, in which event upon the Close of Escrow Buyer shall be entitled to any compensation, awards, or other payments or relief resulting from such casualty or condemnation proceeding. 17. Notices. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, telegraphed, delivered, or sent by telex, telecopy, or cable, and shall be deemed received upon the earlier of (a) if personally delivered, the date of delivery to the address of the person to receive such notice, (b) if mailed, four business days after the date of posting by the United States post office, (c) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (d) if given by telex or facsimile, when sent. Any notice, request, demand, direction, or other communication sent by cable, telex, or facsimile must be confirmed within 48 hours by letter mailed or delivered in accordance with the foregoing. The Buyer's mailing address is: City of Huntington Beach Office of Business Development Attn: Kellee Fritzal 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 The Seller's mailing Peter Chamie address is: P. O. Box 2603 Malibu, CA 90265 Notice of change of address shall be given by written notice in the manner detailed in this paragraph. Rejection or other refusal to accept, or the inability to deliver because of changed address of which no notice was given, shall be deemed to constitute receipt of the notice, demand, request, or communication sent. 18. Legal Fees. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the perfon -nance hereof, each party shall bear its own attomey's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 19. Assignment. Seller may not assign, transfer or convey its rights or obligations under this Agreement without the prior written consent of Buyer, and then only if Seller's assignee PC / Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 9 of 12 HB -109-Item 8. - 12 assumes in writing all of Seller's obligations hereunder; provided, however, Seller shall in no event be released from its obligations hereunder by reason of such assignment. 20. Brokerage Commissions. Seller represents to Buyer that there has been no broker, real estate agent, finder or similar entity engaged in connection with this Agreement or the sate of the Property from the Seller to Buyer, if consummated as contemplated hereby, except N/A ("Broker"), whom Seller agrees to compensate outside escrow pursuant to a separate agreement between Seller and Broker. Seller agrees that should any claim be made for brokerage commissions or finder's fees by any broker, agent, finder or similar entity, by, through or on account of any acts of Seller or its agent, employees or representatives, Seller will indemnify, defend and hold the Buyer free and harmless from and against any and all toss, liability, cost, damage and expense (including attorneys' fees and court costs) in connection therewith. Seller agrees to pay, at its sole cost and expense, when due, any and all brokerage commissions incurred by Seller heretofore or hereafter incurred prior to close of escrow. 21. Miscellaneous. a. Survival of Covenants. The covenants, representations and warranties of both Buyer and Seller set forth in this Agreement shall survive the recordation of the Grant Deed and the Close of Escrow. b. Time of Essence. Time is of the essence of each and every term, condition, obligation, and provision hereof. c. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. d. Captions. Any captions to, or headings of, the paragraphs or subparagraphs of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. e. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, nor obligate any of the parties hereto, to any person or entity other than the parties hereto. f. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference. Pc Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 10 of 12 HB -110-Item 8. - 13 8- Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. h. 'Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. i. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Fees and Other Expenses. Except as otherwise provided herein, each of the parties shall pay its own fees and expenses in connection with this Agreement. k. Entire Agreement. This Agreement supersedes any prior agreements, negotiations, and communications, oral or written, and contains the entire agreement between Buyer and Seller as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of either party shall be of any effect unless it is in writing and executed by the party to be bound thereby. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. Seller's Initials Buyer s Initials 16-5145/133385_2/N) Page 11 of 12 HB -111-Item 8. - 14 127- Cit y Manager ill _H1114 tAav Deputy Direct91 7 f ss Development IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. DATED: —I 1 ii (20 11 Seller: Peter Chamie, Successor Trustee of the Denise Chamie Trust, dated August 14, 1970, as to a undivided ¼ interest, Peter Chamie, as Successor Trustee of the Peter Chamie Trust, dated August 14, 1970, as to a undivided 'A interest and Peter Chamie as Successor Trustee of the Alfred P. Chamie and Elizabeth Charnie Revocable Trust, dated August 14, 1970, as to a undivided Vz interest DATED: Buyer: CITY OF HUNTINGTON BEACH A California municipal corporation Mayor City Clerk REVIEWED AND APPROVED: PC Seller's Initials Buyer's Initials 16-5145/133385_2/PD Page 12 of 12 HB -112-Item 8. - 15 p LAND s„'• C.-"":;c04_ NO. 6673 / 4 o Date EXHIBIT "A" LEGAL DESCRIPTION RIGHT-OF-WAY ACQUISITION EDINGER AVENUE LOTS 14 & 15 OF TRACT NO. 417 That certain parcel of land situated in the City of Huntington Beach, County of Orange, State of California, being those portions of Lots 14 and 15 of Tract No. 417 as shown on a map filed in Book 16, Page 47 of Miscellaneous Maps in the Office of the County Recorder of said Orange County, described as follows; COMMENCING at the northeasterly corner of Parcel Map No 2013-113 as shown on a map filed in Book 382, Pages 48 through 50 inclusive, of Parcel Maps in said Office of the County Recorder of Orange County; thence along the easterly prolongation of the northerly line of said Parcel Map No. 2013-113, also being the southerly right-of-way of Edinger Avenue as described in those certain deeds to the City of Huntington Beach recorded September 5, 1963 in Book 6705, Page 187 and March 3, 1965 in Book 7432, Page 589, both of Official Records in said Office of the County Recorder of Orange County, South 89°32'34" East 150.00 feet to the westerly line of that certain Easement Deed to the City of Huntington Beach recorded July 3, 1990 as Instrument No. 90-350907 of Official Records in said Office of the County Recorder of Orange County; thence along said westerly line South 00'2726" West 0.14 feet to the TRUE POINT OF BEGINNING: thence continuing South 00°27'26" West 6.86 feet to a line parallel with said southerly right-of- way of Edinger Avenue; thence along said parallel line South 89°32'34" East 53.92 feet to the southerly line of said Easement Deed Instrument No. 90-350907, OR., said point being a point of cusp with a curve concave northerly and having a radius of 130.32 feet, a radial line of said curve from said point bears North 00°2726" East; thence along said southerly line through the following courses: along said curve westerly 30.27 feet through a central angle of 13°18'32" to a point of reverse curvature with a curve concave southerly and having a radius of 130.32 feet, a radial line of said curve from said point bears South 13°45'58" West; thence along said curve westerly 24.19 feet through central angle of 10°38'05" to the TRUE POINT OF BEGINNING. CONTAINING: 168 Square Feet. EXHIBIT "B" attached and by this reference made a part hereof. William G. Cox, L.S. 6673 Page 1 of HB -113-Item 8. - 16 C/L PARKSIDE LANE 1,z;z\gn:32'34"W)R1 (255.09')R1- N'LY LINE TRACT NO. 417 M.M. 16/47 N') RIGHT-OF-WAY PER 800K 7432/595 O.R.--v 14- — --RIGHT-OF-WAY PER INST. NO. 907350907, 0,R. P.O.C. NE'LY CORNER P.M. NO. 2013-113 rs, Cl RIGHT-OF-WAY PER INST. NO. 90-350907, O.R. N13 °45'58"E (RAD)P.R.C.1 LOT 16 LOT 15 LOT 14 TRACT NO, 417 M.M. 15147 • AT SCALE: 13O CURVE DATA TABLE NO. DELTA RADIUS LENGTH Cl 13 °18'32" 130.32 30.27' C2 10 °38'05" 130.32' 24.19' LINE DATA TABLE NO. BEARING LENGTH L1 N89 °3234"W 150.00' _ L2 SOD' 27'26"W 7.00' P.O.C. NE'LY CORNER P.M. NO. 2013-113 EXHIBIT "13 1 SKETCH TO ACCOACMY A LEGAL DESCRFTION FOR RIGHT-OF-WAY ACQUISITION EDINGER AVENUE LOTS 14 & 15 OF TRACT NO. 417 CONTAINING: 168 SQUARE FEET LEGEND RIGHT-OF-WAY TAKE AREA HR1 DENOTES RECORD DATA PER PARCEL MAP NO. 2013-113, P.M.B. 382/48-50 SHEET I OF 1 SHEET DECNEER 1, 2015 JN 149161 HB -114-Item 8. - 17 Dept. ID PW 16-061 Page 1 of 4 Meeting Date: 2/6/2017 Statement of Issue: The Public Works and Fire Departments require environmental engineering services on an as- needed basis to support staff for General Environmental Engineering consultation and the implementation of programs/inspections under the Hazardous Waste & Material, Landfill & Gas, and the Water Quality programs as administered and implemented by Public Works and Fire Departments staff. Financial Impact: The Fiscal Year 16-17 approved budget for the Fire Department has funds in the amount of $486,111 under professional services. The Fiscal Year 16-17 approved budget for the Public Works Department has funds in the amount of $3,855,000 under professional services. Total value of contracts is $2,175,000 over a three-year period. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $450,000 Professional Services Contract between the City of Huntington Beach and Geosyntec Consultants, Inc. for As-Needed Environmental Engineering Services; B) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $550,000 Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services; CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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 David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of 6 Professional Services Contracts for As- Needed Environmental Engineering Services with: 1) Geosyntec Consultants, Inc. in an amount not to exceed $450,000 over a three year period, 2) Tetra Tech, Inc. in an amount not to exceed $550,000 over a three year period, 3) Group Delta Consultants, Inc. in an amount not to exceed $150,000 over a three year period, 4) Environmental Engineering & Contracting, Inc. (EEC Environmental Inc.) in an amount not to exceed $375,000 over a three year period, 5) Huitt-Zollars, Inc. in an amount not to exceed $325,000 over a three year period and 6) Pacific Advanced Civil Engineering, Inc. (PACE) in an amount not to exceed $325,000 over a three year period in an amount not to exceed $325,000 over a three year period HB -115-Item 9. - 1 Dept. ID PW 16-061 Page 2 of 4 Meeting Date: 2/6/2017 C) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $ 150,000 Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services; D) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $375,000 Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services; E) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services; and F) Approve and authorize the Mayor and City Clerk to execute a three-year (with optional one-year extension), not-to-exceed $325,000 Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As-Needed Environmental Engineering Services. Alternative Action(s): Do not authorize the contracts and direct staff with an alternate action. Analysis: On May 24, 2016, the City advertised a Request for Qualifications (“RFQ”) for As-Needed Environmental Engineering Services. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Twelve (12) proposals were received for As-Needed Environmental Engineering services. In accordance with qualifications-based selected procurement per the Federal “Brooks Act,” State SB 419 and the City of Huntington Beach Municipal Code Section 3.03 “Professional Services” the Public Works and Fire Departments established a review board. This board consisted of the following subject matter experts from the Public Wo rks and Fire Departments who evaluated and ranked the proposals: Fire Protection Analyst, Environmental Specialist, Senior Administrative Analyst, and Principal Engineer. The ranking criteria included: • Clarity of Proposal • Firm Qualifications • Staff Qualifications & Experience • Understanding & Methodology • Local Vendor Preference • References The selection process included a review of the written proposals, followed by an in-depth interview with the top ranked nine (9) vendors. Summary evaluation sheets for the nine most qualified firms are shown as Attachment 2. Each firm stated their environmental engineering category of expertise with their proposal, and proposals were then evaluated and ranked by the four (4) review board members (subject matter experts) who were established by the Public Works and Fire Departments. After conducting the entire evaluation process, including interviews and reference checks, the committee determined that Geosyntec, Tetra Tech, Group Delta, EEC Environmental, Huitt-Zollars, and PACE are the most qualified firms to meet the needs of the City and most qualified to provide as-needed environmental engineering services as well as providing competitive proposals for future projects. The six (6) contracts recommended in this Request for Council Action (RCA) are for as-needed environmental engineering consultation for General Environmental services and as related to the administration and implementation of programmatic elements under Landfill & Gas, Hazardous HB -116-Item 9. - 2 Dept. ID PW 16-061 Page 3 of 4 Meeting Date: 2/6/2017 Waste & Material, and Water Quality programs. These services have historically been utilized to supplement City staff to meet inspection requirements and as an extension of staff and/or to provide required expertise for unique projects. For the General Environmental Services category, staff has selected Geosyntec and Tetra Tech to provide these services. This is a broad category that includes drafting and reviewing CEQA documents, writing and administrating grants, and consulting for environmentally sensitive projects. For the Water Quality Services category, Huitt-Zollars and PACE have been selected to provide as- needed support for environmental compliance inspections of industrial and commercial facilities and inspections of food facilities under the Fats, Oils, & Grease program. In addition to providing environmental engineering services under the General Environmental category, Geosyntec and Tetra Tech have also been selected for the Landfill & Gas category which includes preparing and reviewing methane gas mitigation plans and maintaining and inspecting active gas collections systems. For the Hazardous Waste & Material category, staff has selected to contract with EEC Environmental and Group Delta. The services under this category include providing contaminated site evaluations, reviewing mitigation plans for waste handling and disposal, and drafting hazardous waste/materials mitigation plans. Geosyntec and Tetra Tech are awarded larger contracts due to the services provided in both the General Environmental and Landfill & Gas categories. However, each project is evaluated on a case-by-case basis to determine if these as-needed contract services are necessary. In the aggregate, across all six (6) professional service contracts, both the Fire and Public Works Departments will not exceed their respective budget appropriations for the requested professional services. Throughout the contract term of the six (6) professional contract service agreements, the Public Works and Fire Departments may utilize the services of each of the six (6) on-call professional services contracts or perhaps just one. The on-call as-needed contracts will provide the Departments’ greater flexibility in obtaining the expert environmental engineering professional services needed from the various firms under contract. Public Works Commission Action: Not required. Environmental Status: Not applicable. Strategic Plan Goal:Click here to enter text. Improve quality of life. Enhance and maintain infrastructure. Enhance and maintain public safety. Enhance and maintain City service delivery. Attachment(s): 1. Request for Qualifications 2. Summary Evaluation Sheets 3. Professional Services Contract between the City of Huntington Beach and Geosyntec, Inc. for As-Needed Environmental Engineering Services 4. Professional Services Contract between the City of Huntington Beach and Tetra Tech, Inc. for As-Needed Environmental Engineering Services HB -117-Item 9. - 3 Dept. ID PW 16-061 Page 4 of 4 Meeting Date: 2/6/2017 5. Professional Services Contract between the City of Huntington Beach and EEC Environmental, Inc. for As-Needed Environmental Engineering Services 6. Professional Services Contract between the City of Huntington Beach and Group Delta Consultants, Inc. for As-Needed Environmental Engineering Services 7. Professional Services Contract between the City of Huntington Beach and Huitt-Zollars, Inc. for As-Needed Environmental Engineering Services 8. Professional Services Contract between the City of Huntington Beach and PACE, Inc. for As- Needed Environmental Engineering Services HB -118-Item 9. - 4 REQUEST FOR QUALIFICATIONS FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Public Works and Fire Departments CITY OF HUNTINGTON BEACH Released on May 24, 2016 HB -119-Item 9. - 5 AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES REQUEST FOR QUALIFICATIONS (RFQ) 1. BACKGROUND The City of Huntington Beach Public Works and Fire Departments are seeking to retain as-needed services from qualified environmental engineering firms to supplement City staff for various types of projects. The City intends to contract with at least two environmental engineering firms to provide services on an “as-needed” basis as supplemental resources are required. The contract will be for a 3-year term with task order assignments awarded such that their specified duration do not exceed the contract term. Upon execution of the contracts, the City may elect to solicit proposals from all consultants. The City will communicate, in writing via e-mail, the needs for each project based upon a scope of services, work schedule, and fee proposal submitted to the City for its review and approval. In order to submit a qualifications package, your firm must provide five (5) references indicating that you have contracted directly with a public agency located in Orange County/Los Angeles County within the last five (5) years and have successfully completed tasks in at least one category listed below with the current management staff for that category. Due to logistical and time sensitive items related to city projects, the City is requesting that any firm submitting a proposal be within a 25-mile radius of City of Huntington Beach City Hall. The City may elect to contract with more than one consultant based upon their field of expertise. To qualify for the RFQ, your firm must completely comply with at one least of the four categories below: Category: General • Provide at least 3 projects preparing Preliminary Environmental Studies; • Provide at least 3 projects preparing and/or reviewing Grant Applications. Category: Water Quality • Provide at least 3 projects preparing documentation in reviewing, evaluating, and HB -120-Item 9. - 6 recommending LID BMPs for storm water systems; • Provide at least 3 projects performing commercial/industrial water quality inspections to comply with NPDES requirements; • Provide at least 3 projects performing FOG/FSE inspections. Category: Landfill & Gas Anomaly • Provide at least 3 projects reviewing, investigating and providing mitigation plans for naturally occurring gas anomaly/odor control for closed landfills, and/or designing passive/active gas collection systems; • Provide at least 3 projects preparing and reviewing methane mitigation plans. Category: Hazardous Waste/Material • Provide at least 3 projects reviewing Phase I and Phase II; • Provide at least 3 projects reviewing Phase III (remedial action plans). 2. SCHEDULE OF EVENTS This request for proposal will be governed by the following schedule: Release of RFQ May 24, 2016 Deadline for Written Questions June 2, 2016 Responses to Questions Posted on Web June 8, 2016 Qualifications Packages are Due June 21, 2016 Qualifications Packages Evaluation Completed (Tentative) June 30, 2016 Approval of Contract August 2016 3. SCOPE OF WORK The City is seeking qualified environmental engineering consultants with experience under the following capacity: General • Prepare, assist, and review Preliminary Environmental Studies; HB -121-Item 9. - 7 • Review of project plans and specifications; • Perform field investigations; • Provide site assessment and preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies; • Assist in preparing and/or reviewing urban runoff plans. Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systems; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling and disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; HB -122-Item 9. - 8 • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. In general, the consultant shall perform environmental engineering services on an “as-needed” basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: Monitoring and Inspections • Perform maintenance, monitoring, and inspections of City’s facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications • Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. HB -123-Item 9. - 9 Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage o Assist the City in answering bidders’ questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage o Attend pre-construction conferences; o Monitor construction schedule, visit construction sites as required for progress and quality of evaluation; o Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders; o Prepare “as-built” drawings. Special Requirement: Because of the City’s projects will be Federal and/or State grants, the selected consulting firms must comply with various requirements including all applicable prevailing wage laws. 4. CITY’S RESPONSIBILITIES • Furnish a task order or scope of work request and provide general direction as needed for each project assigned. • Furnish available record drawings of existing facilities within the City’s jurisdiction. 5. PROPOSAL FORMAT GUIDELINES Interested contractors are to provide the City of Huntington Beach with a thorough qualifications package using the following guidelines: HB -124-Item 9. - 10 • Proposal shall be typed and must contain no more than pages than indicated in the following sections, excluding the Index/Table of Contents, tables, charts, and graphic exhibits. Resumes of key personnel are not counted toward the page limitation if inserted at the end of the proposal. • 12-point font size and 1.5 point line spacing is required for typed portions of the letters and proposal sections except smaller fonts are allowed for tables, charts, and exhibits. The inclusion of 11” by 17” sheets are allowed if folded to fit the proposal. • Categories being submitted by the Consultant must be identified in Exhibit A: Pre- Qualification Form and included in the proposal. Each proposal will adhere to the following order and content of sections. Proposal must be straightforward, concise and provide “layman” explanations of technical terms that are used. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and on providing a complete and clear description of the offer. Proposals, which appear unrealistic in the terms of technical commitments, lack of technical competence or are indicative of failure to comprehend the complexity and risk of this contract, may be rejected. The following proposal sections are to be included in the bidder’s response: A. Cover Letter (2 pages maximum) A cover letter must summarize key elements of the proposal. An individual authorized to bind the Consultant must sign the letter. The cover letter must include the address and telephone number of the Consultant’s Project Manager’s office located nearest to Huntington Beach that will provide the project deliverables directly to the City of Huntington Beach. The letter must stipulate that the proposal price will be valid for a period of at least 180 days. B. Vendor Application Form Complete the “Request for Qualifications – Vendor Application Form” (See Appendix A) and include this behind the cover letter. (Vendor Application Form will not be counted towards the page count.) HB -125-Item 9. - 11 C. Pre-Qualification Form (Exhibit A) Complete the Pre-Qualification Form (Exhibit A) and the Consultant must indicate if they are willing, or unwilling, or unable to execute the Agreement as drafted (See Appendix B) as well as providing the insurance requirements (See Appendix C). EXHIBIT A: PRE-QUALIFICATION FORM AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES SERVICE CATEGORIES PROPOSING? Y/N (circle one) A. General Environmental Engineering Yes / No B. Water Quality Yes / No C. Landfill & Gas Anomaly Yes / No D. Hazardous Waste/Material Yes / No (Initial) Consultant is willing to execute the Agreement as drafted (See Appendix B). (Initial) Consultant is able to provide the insurance as required (See Appendix C). Firm Name: Firm Address: Signature: Date: HB -126-Item 9. - 12 D. Service Category (4 pages maximum per Category) Firm Qualifications This section should be organized by category. Only information for categories being proposed on by the Consultant should be included. The information provided in this section must describe the qualifications of the firm and key staff performing projects within the past five (5) years in Orange/Los Angeles Counties to demonstrate competence to perform these categories. Information shall include: 1) Summarize the firm’s demonstrated capabilities, including length of time that your firm has provided the services being provided in this Request for Qualifications. 2) The key personnel that have participated on named projects and their specific responsibilities and years of experience with respect to this scope of work. 3) Provide at least five separate Orange County/Los Angeles County public agency references that have received similar services from your firm. The City of Huntington Beach reserves the right to contact any of the organizations or individuals listed. Information provided shall include: a. Name of Project b. Public Agency located in Orange County or Los Angeles County. Public Agency Primary Contact, email and telephone number c. Brief Project description (i.e. review of Phase I reports, review methane gas monitoring, etc.) d. Project Manger on the project who also is the PM on the Proposal and Key Personnel e. Start/Finish (Months & years) NAME OF PROJECT PUBLIC AGENCY PROJECT DESCRIPTION DATE COMPLETED AND CONTRACT DURATION REFERENCES NAME, ADDRESS, PHONE NUMBER, AND E-MAIL ADDRESS OF CLIENT CONSULT- ANT’S PROJECT MANAGER 4) Resumes (do not count towards page limit but limited to 15 pages) Staffing HB -127-Item 9. - 13 Provide an organization chart which lists all key individual(s) who will be working on projects and indicate the functions that each will perform. The organization chart shall include the proposed Project Manager which will be the single point of contact for the Consultant for this service category. Include resumes for all key individuals as indicated in section D.4) above. Upon award and during the contract period, if the Consultant chooses to assign different personnel to the project, the Consultant must submit their names and qualifications including information listed above to the City for approval before they begin work. E. Understanding & Methodology Section This section must describe your understanding of the City, the objectives to be accomplished, innovative approaches, and solutions to similar projects that would be undertaken by the City, and detailed descriptions of efforts your firm will undertake to achieve client satisfaction. Refer to Scope of Work of this RFQ. F. Fee Proposal The separately submitted Fee Proposal should include the following: • Firm’s schedule of hourly rates; • Rates for all subconsultants. The proposal shall indicate that the rates are valid for the full three year period and the percentage mark-up of reimbursable expenses, if any, shall also be specified in the rate schedules. 6. PROCESS FOR SUBMITTING QUALIFICATIONS Interested firms are to provide the City of Huntington Beach with a thorough qualifications package using the following guidelines: HB -128-Item 9. - 14 a. Number of Proposals Consultant shall submit one (1) electronic copy of the proposal in sufficient detail to allow for thorough evaluation and comparative analysis. In addition to the one electronic PDF copy, consultant shall submit four (4) hard copies to the City and one cost proposal in a separate sealed envelope. Any unqualified vendor will have the cost proposal envelope returned after the award of contract has been approved. All proposals (electronic and hard copy shall be submitted no later than 4:00 p.m. on June 21, 2016. b. Submission of Qualifications Packages Complete written qualifications package must be submitted electronically in PDF file format no later than 4:00 p.m. (P.S.T) on June 21, 2016. In addition to submitting one (1) electronic PDF copy, consultant shall submit four (4) hard copy proposals and one cost proposal in a separate sealed envelop to the City no later than 4:00 p.m. on June 21, 2016. Qualifications will not be accepted after this deadline. Faxed or e-mailed proposals will not be accepted. c. Inquiries Questions about this RFQ must be directed in writing, via e-mail to: Jim Slobojan, Fiscal Services Manager jslobojan@surfcity-hb.org 2000 Main Street, Huntington Beach, CA 92648 From the date that this RFQ is issued until a firm is selected and the selection is announced, firms are not allowed to communicate for any reason with any City employee other than the contracting officer listed above regarding this RFQ, except during the pre-proposal conference. Refer to the Schedule of Events of this RFQ or the City webpage to determine if a pre-proposal conference has been scheduled. The City reserves the right to reject any proposal for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City. d. Conditions for Proposal Acceptance This RFQ does not commit the City to award a contract or to pay any costs incurred for any services. The City, at its sole discretion, reserves the right to accept or reject any or all HB -129-Item 9. - 15 qualifications packages received as a result of this RFQ, to negotiate with any qualified source, or to cancel this RFQ in part or in its entirety. All qualifications packages will become the property of the City of Huntington Beach, USA. If any proprietary information is contained in the proposal, it should be clearly identified. 7. EVALUATION CRITERIA The City’s evaluation and selection process is based upon Qualifications Based Selection (QBS) for professional services. The City of Huntington Beach may use some or all of the following criteria in its evaluation and comparison of proposals submitted. The criteria listed are not necessarily an all-inclusive list. The order in which they appear is not intended to indicate their relative importance. The ranking will consist of the basic proposal for clarity and following all directions. Additionally, points will be awarded for Firm Qualifications, Staffing, Understanding and Methodology in each category. The Consultants will be ranked on the following for a total of 100 points. If necessary, an oral interview may be scheduled to clarify the intent of any portions of the proposal. A. Proposal Clarity - Use of terms and explanation throughout are understandable. (10 points) B. Firm Qualifications - Experience of the firm, experience with projects of similar scope, complexity, and magnitude for other Orange County/Los Angeles County public agencies. (25 points) C. Staffing - Experience of the project manager and other key individuals assigned to the project. Educational background, work experience, and directly related consulting experiences. (25 points). D. Understanding & Methodology - Firm has an understanding of the work to be done, successful implementation and shows effort in completing projects efficiently and accurately. (25 points) E. References (10 points) The City may also contact and evaluate the Consultant’s and sub- consultant’s references; contact any Consultant to clarify any response; contact any current users of a Consultant’s services; solicit information from any available source concerning any HB -130-Item 9. - 16 aspect of a proposal; and seek and review any other information deemed pertinent to the evaluation process. F. Local Preference Check (5 points). The Consultant will earn 5-points for having a valid City of Huntington Beach Business License. After written proposals have been reviewed, discussions with prospective firms may or may not be required. If scheduled, the oral interview or video/voice conference interview, at the City’s discretion, will be a question/answer format for clarifying the intent of any portions of the proposal. The individual from your firm that will be directly responsible for carrying out the contract, if awarded, must be present at the oral interview or video/voice conference interview. A Notification of Intent to Award may be sent to the Consultant selected. Award is contingent upon the successful negotiation of final contract terms. Negotiations shall be confidential and not subject to disclosure to competing Consultants unless an agreement is reached. If contract negotiations cannot be concluded successfully, the City may negotiate a contract with the next highest scoring Consultant or withdraw the RFQ. 8. STANDARD TERMS AND CONDITIONS A. Amendments The City reserves the right to amend this RFQ prior to the proposal due date. All amendments and additional information will be posted to the Huntington Beach Procurement Registry, Huntington Beach - Official City Web Site - Business - Bids & RFP's; bidders should check this web page daily for new information. B. Cost for Preparing Proposal The cost for developing the proposal is the sole responsibility of the bidder. All proposals submitted become the property of the City. C. Contract Discussions Prior to award, the apparent successful firm may be required to enter into discussions with the City to resolve any contractual differences. These discussions are to be finalized and all HB -131-Item 9. - 17 exceptions resolved within one (1) week from notification. If no resolution is reached, the proposal may be rejected and discussions will be initiated with the second highest scoring firm. See Exhibit B for a sample agreement. D. Confidentiality Requirements The staff members assigned to this project may be required to sign a departmental non- disclosure statement. Proposals are subject to the Freedom of Information Act. The City cannot protect proprietary data submitted in proposals. E. Financial Information The City is concerned about bidders’ financial capability to perform, therefore, may ask you to provide sufficient data to allow for an evaluation of your firm’s financial capabilities. F. Insurance Requirements City Resolution 2008-63 requires that licensees, lessees, and vendors have an approved Certificate of Insurance (not a declaration or policy) on file with the City for the issuance of a permit or contract. Within ten (10) consecutive calendar days of award of contract, successful bidder must furnish the City with the Certificates of Insurance proving coverage as specified in Appendix C. Failure to furnish the required certificates within the time allowed will result in forfeiture of the Proposal Security. The consultant is encouraged to contact its insurance carriers during the qualifications submittal stage to ensure that the insurance requirements can be met if selected for negotiation of a contract agreement. Please carefully review the Sample Agreement and Insurance Requirements before responding to the Request for Proposal enclosed herein. The terms of the agreement, including insurance requirements have been mandated by City Council and can be modified only if extraordinary circumstances exist. Your response to the Request for Proposal must indicate if you are unwilling or unable to execute the agreement as drafted as well as providing the insurance requirements. The City will consider this in determining responsiveness to the Request for Proposal. HB -132-Item 9. - 18 APPENDIX A HB -133-Item 9. - 19 1 of 2 REQUEST FOR PROPOSAL VENDOR APPLICATION FORM TYPE OF APPLICANT: NEW CURRENT VENDOR Legal Contractual Name of Corporation: ______________________________________ Contact Person for Agreement: ____________________________________________________ Corporate Mailing Address: ________________________________________________ City, State and Zip Code: __________________________________________________ E-Mail Address: _________________________ Phone: ________________________ Fax: ________________________ Contact Person for Proposals: ______________________________________________________ Title:______________________________ E-Mail Address: ______________________ Business Telephone: _________________________ Business Fax: ________________ Is your business: (check one) NON PROFIT CORPORATION FOR PROFIT CORPORATION Is your business: (check one) CORPORATION LIMITED LIABILITY PARTNERSHIP INDIVIDUAL SOLE PROPRIETORSHIP PARTNERSHIP UNINCORPORATED ASSOCIATION HB -134-Item 9. - 20 2 of 2 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Title Phone ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ ___________________________________ ________________ ___________________ Federal Tax Identification Number: __________________________________________ City of Huntington Beach Business License Number: _____________________________ (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: __________________________ HB -135-Item 9. - 21 APPENDIX B HB -136-Item 9. - 22 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND __________________________________ FOR ____________________________________________________ Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation ..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................…….4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices……………………………………………………………………………..7 17 Consent ....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date………………………………………………………………………11 HB -137-Item 9. - 23 agree/ surfnet/professional svcs mayor 1 of 11 12/07 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND __________________________________ FOR ____________________________________________________ THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and ___________________________, a ______________________ hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to _______________________________________________________; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates _______________________ who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. HB -138-Item 9. - 24 agree/ surfnet/professional svcs mayor 2 of 11 12/07 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ______________________ from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed ______________________________ Dollars ($_____________________). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake HB -139-Item 9. - 25 agree/ surfnet/professional svcs mayor 3 of 11 12/07 such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any HB -140-Item 9. - 26 agree/ surfnet/professional svcs mayor 4 of 11 12/07 insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to forthwith terminate this Agreement. Such termination shall not effect HB -141-Item 9. - 27 agree/ surfnet/professional svcs mayor 5 of 11 12/07 Consultant’s right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. HB -142-Item 9. - 28 agree/ surfnet/professional svcs mayor 6 of 11 12/07 CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. HB -143-Item 9. - 29 agree/ surfnet/professional svcs mayor 7 of 11 12/07 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: ____________________________ 2000 Main Street Huntington Beach, CA 92648 __________________________________ __________________________________ __________________________________ __________________________________ __________________________________ 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. HB -144-Item 9. - 30 agree/ surfnet/professional svcs mayor 8 of 11 12/07 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be HB -145-Item 9. - 31 agree/ surfnet/professional svcs mayor 9 of 11 12/07 curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY’S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. HB -146-Item 9. - 32 agree/ surfnet/professional svcs mayor 10 of 11 12/07 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. CONSULTANT’s initials 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. HB -147-Item 9. - 33 agree/ surfnet/professional svcs mayor 11 of 11 12/07 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. CONSULTANT, ____________________________________ COMPANY NAME ____________________________________ By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ________________________________ Mayor _________________________________ City Clerk INITIATED AND APPROVED: ____________________________________ _________________________Director/Chief REVIEWED AND APPROVED: _________________________________ City Administrator APPROVED AS TO FORM: _________________________________ City Attorney HB -148-Item 9. - 34 EXHIBIT A EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: 1. 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. 2. D. WORK PROGRAM/PROJECT SCHEDULE: HB -149-Item 9. - 35 Exhibit B 1 EXHIBIT “B” Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month’s bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. HB -150-Item 9. - 36 Exhibit B 2 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. . HB -151-Item 9. - 37 Exhibit B EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. HB -152-Item 9. - 38 APPENDIX C HB -153-Item 9. - 39 HB Insurance Matrix_revised 4-7-16 (2).xlsx 1 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements Contractors: Any persons or entities who contract with the City and/or provide services to the City which are readily available and efficiently procured by competitive bidding. Permittees: Any persons or entities who make application to the City for any use of or encroachment upon any public street, waterway, pier, or City property. Vendors: Any persons or entities who transfers property or goods to the City which may or may not involve delivery and/or installation. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Note 2 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 1 - Automobile Liability: The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. Permittees who do not use vehicles or equipment in connection with the permit shall not be required to provide auto insurance. To be exempt from this requirement, permittees must execute a declaration such as Exhibit 1 attached. Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 2 below.) Include the policy number and Additional Insured Endorsement Requirement statement below. (See Note 3 below.) Minimum of $1,000,000 per occurrence for bodily injury, personal injury and property damages. Allows up to $1,000 deductible.(See Note 1 below.) Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insured Endorsement is always required with General Liability Ins.) Note 3 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City. HB -154-Item 9. - 40 HB Insurance Matrix_revised 4-7-16 (2).xlsx 2 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but are not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. 4) The reporting of circumstances or incidents that might give rise to future claims. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. HB -155-Item 9. - 41 HB Insurance Matrix_revised 4-7-16 (2).xlsx 3 of 4 Automobile Liability General Liability Professional Liability Property Insurance Workers' Comp Additional Insured Endorsements CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. See Exhibits A1 - 4 for sample forms. Email: Justin.Wessels@surfcity-hb.org or Heather.Campbell@surfcity-hb.org Phone: 714-374-5378 or 714-536-5210. Fax: 714-536-5212. Vendor Type Minimum Insurance Requirements Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. Licensees/Lessees: Any persons or entities who contract with the City for the use of public property. Combined single limit bodily injury and property damage. Minimum of $1,000,000 per occurrence. Allows up to $5,000 deductible. (Additional Insurance Endorsement is always required with General Liability Ins.) Full replacement cost with no coinsurance penalty provision. As required by the State of California, with Statutory Limits and Employer’s Liability Insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease. (See Note 1 below.) Include the policy number and Additional Insured Endorsement Requirement statement below.(See Note 2.) Note 1 - Workers' Compensation Exemption: If entity has no employees, a signed Declaration of Non-Employee Status form is required. Note 2 - Additional Insured Endorsement Requirements: The City, its officers, elected or appointed officials, employees, agents, and volunteers are to be covered as additional insureds by separate attached endorsement(s) as respects liability arising out of action performed by or on behalf of the contractor, products and completed operations of the contractor, premises owned, occupied or used by the contractor, or automobiles owned, leased or borrowed by the contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City.HB -156-Item 9. - 42 HB Insurance Matrix_revised 4-7-16 (2).xlsx 4 of 4 Minimum Insurance Requirements Professional Liability Design Professionals: Professional service contractors who contract with the City and/or provide architectural and/or engineering services to the City. Professional Services: Services that involve the exercise of professional discretion and independent judgment based on an advanced or specialized knowledge, expertise or training gained by formal studies or experience or services which are not readily or efficiently procured by competitive bidding pursuant to HB Muni Code 3.02. Services includes but is not limited to those services provided by appraisers, architects, attorneys, engineers, instructors, insurance advisors, physicians and other specialized consultants. CITY OF HUNTINGTON BEACH INSURANCE REQUIREMENTS Huntington Beach City Council Resolution No. 2008-63 requires submittal of certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best’s Rating of no less than A:VII. Any deductible other than those allowed in this matrix, self-insured retentions or similar forms of coverage limitations or modifications must be approved by the Risk Manager and City Attorney of the City of Huntington Beach. NOTE: Waivers and / or modifications are discouraged and will be considered only under extraordinary circumstances. 4) The reporting of circumstances or incidents that might give rise to future claims. Vendor Type Claims made policies are acceptable if the policy further provides that: Minimum of $1,000,000 per occurrence and in the aggregate. Allows up to $10,000 deductible. 1) The policy retroactive date coincides with or precedes the professional services contractor’s start of work (including subsequent policies purchased as renewals or replacements). 2) The professional services contractor will make every effort to maintain similar insurance during the required extended period of coverage following project completion, including the requirement of adding all additional insureds. 3) If insurance is terminated for any reason, professional services contractor agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this agreement or permit. HB -157-Item 9. - 43 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Geosyntec OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 Geosyntec– Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total 1902.5 2000 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 Geosyntec – Summary of Review • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. Geosyntec – Pricing • Firm’s pricing was competitive and within budget. HB -158-Item 9. - 44 2 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: TetraTech, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 Tetra Tech, Inc. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total 1585 2000 III. DUE DILIGENCE REVIEW • Interview Ranking: 2 Tetra Tech, Inc. – Summary of Review • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Tetra Tech, Inc. – Pricing • Firm’s pricing was competitive and within budget. HB -159-Item 9. - 45 3 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Vendor #3 OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1405 Group Delta Consultants, Inc. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 130 200 Firm Qualifications 400 500 Staffing 337.5 500 Understanding & Methodology 387.5 500 Local Vendor Preference 0 100 References and Background 150 200 Total 1405 2000 IV. DUE DILIGENCE REVIEW • Interview Ranking: 3 Vendor #3. – Summary of Review • Medium sized company that can handle complex large projects with extensive experience in performing Environmental Site Assessments. Annually performs approximately 100 Phase I, 50 Phase II and 12 Phase III site assessments including Phase I for the 11 mile long 405 widening project and Phase II for ARTIC in Anaheim. Providing services listed in the RFQ to local municipalities, State agencies and transportation authorities. Full scope experience from site investigation to elaborate remediation methods on complex projects. Vendor #3 – Pricing • N/A – Not Selected HB -160-Item 9. - 46 4 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: General Environmental Engineering Services for Fire and Public Works Departments VENDOR: Vendor #4 OVERALL RANKING: 4 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1150 Vendor #4. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 130 200 Firm Qualifications 350 500 Staffing 300 500 Understanding & Methodology 250 500 Local Vendor Preference 0 100 References and Background 120 200 Total 1150 2000 V. DUE DILIGENCE REVIEW • Interview Ranking: 4 Vendor #4 – Summary of Review • Large multi-disciplinary company with expertise including environmental analysis, planning, civil engineering, grant writing, GIS services and surveying. Firm has provided services for the Cit y in the past including CEQA & NEPA document preparation, preparation and review of technical studies regarding environmental sensitive projects, and General Plan review and update. Vendor #4 – Pricing • N/A – Not Selected HB -161-Item 9. - 47 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: Hazardous Waste & Material for the Fire Department VENDOR: Group Delta OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1457 Group Delta – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 150 200 Firm Qualifications 425 500 Staffing 350 500 Understanding & Methodology 362.5 500 Local Vendor Preference 0 100 References and Background 170 200 Total 1457 2000 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 Group Delta – Summary of Review • Highly qualified firm with experience performing Phase I and Phase II Environmental Site Assessments (ESAs). Experienced in dealing with complex types of contaminated sites that require remediation, including sites listed as Superfund, sites that require site investigations, sampling of soil and groundwater, groundwater monitoring, well installation, and ecological risk assessments. Group Delta – Pricing • Firm’s pricing was competitive and within budget. HB -162-Item 9. - 48 2 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: Hazardous Waste & Material for the Fire Department VENDOR: EEC, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 EEC, Inc. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total 1585 2000 III. DUE DILIGENCE REVIEW • Interview Ranking: 2 EEC, Inc. – Summary of Review • Medium sized company that can handle the complexity of our larger scale development projects. Has performed numerous ESA reviews throughout Southern California. Performed Phase I, II, and III ESA investigations for a sensitive project in Carson where a housing track had explosive levels of methane within single family homes. Firm is capable of providing hazardous materials related engineering services as requested in RFQ. EEC, Inc. – Pricing • Firm’s pricing was competitive and within budget. HB -163-Item 9. - 49 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: Landfill and Gas Services for the Fire Department VENDOR: Geosyntec OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 Geosyntec– Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total 1902.5 2000 II. DUE DILIGENCE REVIEW • Interview Ranking: 1 Geosyntec – Summary of Review • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. Geosyntec – Pricing • Firm’s pricing was competitive and within budget. HB -164-Item 9. - 50 2 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: Landfill and Gas Services for the Fire Department VENDOR: TetraTech, Inc. OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Senior Administrative Analyst 2. Fire Protection Analyst 3. Environmental Specialist 4. Environmental Specialist 5. Principal Civil Engineer MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1585 Tetra Tech, Inc. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total 1585 2000 III. DUE DILIGENCE REVIEW • Interview Ranking: 2 Tetra Tech, Inc. – Summary of Review • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Tetra Tech, Inc. – Pricing • Firm’s pricing was competitive and within budget. HB -165-Item 9. - 51 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services SERVICE DESCRIPTION: Water Quality Services for Public Works Department VENDOR: Huitt-Zollars OVERALL RANKING: 1 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1370 Huitt-Zollars – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 130 200 Firm Qualifications 325 500 Staffing 375 500 Understanding & Methodology 400 500 Local Vendor Preference 0 100 References and Background 140 200 Total 1370 2000 II. DUE DILIGENCE REVIEW • Interview Ranking for Water Quality Category: 1 Huitt-Zollars – Summary of Review • Pioneers in designing regional storm water treatment projects and grant writing. Provided industrial/commercial and FOG inspections for a variety of LA County and Orange County agencies including the County of Orange and are very familiar with the MS4 permit. Experience with both private and public clients in providing a wide variety of water quality related services from development of site-specific Storm Water Pollution Prevention Plans to conducting programmatic audits of clients storm water programs. Partnering with GSK to provide industrial/commercial inspection and has an extensive list of highly qualified staff that can provide consulting services on short notice. Huitt-Zollars – Pricing • Competitive and within budget. HB -166-Item 9. - 52 2 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services – Water Quality Category SERVICE DESCRIPTION: As-Needed Environmental Services for Public Works Department VENDOR: PACE OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1405 PACE – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 130 200 Firm Qualifications 400 500 Staffing 337.5 500 Understanding & Methodology 387.5 500 Local Vendor Preference 0 100 References and Background 150 200 Total 1405 2000 III. DUE DILIGENCE REVIEW • Interview Ranking: 2 PACE – Summary of Review • Industry leaders in grant writing and administration especially as related to storm water. Extensive experience and knowledge in designing storm water treatment BMPs and firm was one of the consultants that assisted in the development of the Technical Guidance Document for the County of Orange Watersheds group. Sub-contracting with GIS to provide industrial/commercial inspection services as well as FOG inspections. Highly qualified staff with intimate knowledge of Orange County MS4 permit PACE – Pricing • Competitive and within budget. HB -167-Item 9. - 53 3 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services – Water Quality Category SERVICE DESCRIPTION: As-Needed Environmental Services for Public Works Department VENDOR: Vendor #3 OVERALL RANKING: 3 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1902.5 Vendor #3. – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 175 200 Firm Qualifications 487.5 500 Staffing 500 500 Understanding & Methodology 450 500 Local Vendor Preference 100 100 References and Background 190 200 Total 1902.5 2000 IV. DUE DILIGENCE REVIEW • Interview Ranking: 3 Vendor #3 – Summary of Review • Highly qualified firm with 12 years experience providing services to Huntington Beach under a City contract. Have demonstrated flexibility and responsiveness to a number of City Departments and have 50 professionals in Huntington Beach office. Strong experience and credentials in areas identified in RFQ, including over 600 inspections of industrial and commercial facilities in Huntington Beach. Uses careful approach which considers perspective of all stakeholders, including business owners. Have conducted FOG inspections in HB since 2013 and worked on major projects, including Pacific City Development. Vendor #3 – Pricing • N/A – Not Selected HB -168-Item 9. - 54 4 PROFESSIONAL AND SERVICES SERVICE: As-Needed Environmental Engineering Services – Water Quality Category SERVICE DESCRIPTION: As-Needed Environmental Services for Public Works Department VENDOR: Vendor #4 OVERALL RANKING: 4 SUBJECT MATTER EXPERTS/RATERS: 1. Fire Protection Analyst 2. Environmental Specialist 3. Environmental Specialist 4. Principal Engineer 5. Senior Administrative Analyst MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: 1635 Vendor #4 – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Clarity of Proposal 170 200 Firm Qualifications 425 500 Staffing 425 500 Understanding & Methodology 375 500 Local Vendor Preference 0 100 References and Background 190 200 Total 1635 2000 V. DUE DILIGENCE REVIEW • Interview Ranking: 4 Vendor #4 – Summary of Review • Dynamic environmental firm with 20 years experience providing services listed in the RFQ to a wide variety of clients including local utility companies, municipalities and State agencies. Qualified staff and sub contractors with experience in all service categories of the RFQ. Have 80 technical staff in two local offices. Has worked with the City on methane mitigation planning and engineering for the Central Park Sports Complex. Subcontractor is highly qualified in providing inspection services as related to the inspection of industrial/commercial facilities and the under the FOG program for various municipal agencies in LA County. Vendor #4 – Pricing • N/A – Not Selected HB -169-Item 9. - 55 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTEC CONSULTANTS, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Geosyntec Consultants, Inc., a Florida Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Eric Srnalstig who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5484/145758.doc HB -170-Item 9. - 56 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Four Hundred and Fifty Thousand Dollars ($450,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5484/145758.doc HB -171-Item 9. - 57 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3 of 10 16-54841145758.doc HB -172-Item 9. - 58 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5484/145758.doc HB -173-Item 9. - 59 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-5484/145758.doc HB -174-Item 9. - 60 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 16-5484/145758.doc HB -175-Item 9. - 61 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATI'N: Jim Mend/Kevin .Tusten 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Geosyntech Consultants, Inc. Aft: Eric Smalstig 2100 Main Street, Suite 150 Huntington Beach, CA 92648 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 16-5484/145758.doc HB -176-Item 9. - 62 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5484/145758.doc HB -177-Item 9. - 63 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5484/145758.doc HB -178-Item 9. - 64 print name ITS:/jr6(c eyte) cha 7 n/Presidfc President ITS: (circle on Secretary - Treasui h ief Financial Officer/Asst. VED: VIEWED AND APPROVED: Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached eihibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GEOSYNTEC CONSULTANTS, INC. California By: -------- .6F57-2 P L F57 _ Mayor City Manager 10 of 10 16-5484/145758.doc HB -179-Item 9. - 65 By: 7 -2 -r(z....t,:o pa rt F Z. print name ice President-, ITS: (eke's-one) Chairman/Preside — e y4,- - A ITS: (circle on Secretary - Treasu Chief Financial Officer/Asst. Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached eXhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GEOSYNTEC CONSULTANTS, INC. California Mayor - City Clerk INITIATED '21,4 16 dIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney Dp cb\\.c.ci 10 of 10 16-5484/145758.doc HB -180-Item 9. - 66 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT Shall provide consulting services on an "as-needed" basis for general environmental engineering, Water quality, landfill and gas anomaly, and hazardous waste/material projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. . B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as detailed below: General Environmental Engineering • Prepare, assist, and review Preliminary Environmental Studies; • Review of project plans and specifications; • Perform field investigations; • Provide site assessment an preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local the code amendments; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform general environmental engineering services on an "as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: HB -181-Item 9. - 67 Monitoring and Inspections • Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, and analyze bids. Construction Stage • Attend pre-construction conference. HB -182-Item 9. - 68 • Monitor construction schedule, visit construction sites as required for progress and quality of work evaluation. • Assist the engineer, contractor, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. • Prepare "as-built" drawings. Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Public Works Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Public Works Department: Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Perform inspections of food facilities under the Fats, Oils, & Grease (FOG) Control program; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable agencies; • Assist in preparing and/or reviewing urban runoff plans. Fire Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Fire Department:. HB -183-Item 9. - 69 Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systenis; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. HB -184-Item 9. - 70 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -185-Item 9. - 71 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -186-Item 9. - 72 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -187-Item 9. - 73 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GEOSYNTECH CONSULTANTS INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents I Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -188-Item 9. - 74 As-Needed Environmental Engineering Services for "' City of Huntington Beach/Public Works and Fire Departments GEOSYNTEC CONSULTANTS 2016-2019 RATE SCHEDULE ENGINEER/SCIENTIST RATE/HOUR Staff Professional I $112 Staff Professional II $134 Senior Staff Professional $156 Professional $180 Project Professional $204 Senior Professional $232 Principal $259 Senior Principal $286 CONSTRUCTION SERVICES Engineering Technician I $84 Engineering Technician II $89 Senior Engineering Technician I $99 Senior Engineering Technician ll $105 Site Manager I $110 Site Manager II $120 DESIGN, GRAPHICAL, AND ADMINISTRATIVE SERVICES Designer $145 Senior Drafter/Senior CADD Operator $130 Drafter/CADD Operator/Artist $114 Project Administrator $79 Clerical $56 GENERAL Direct Expenses Cost Plus 12% Subcontract Services Cost Plus 15% Communications Fee 3% of Professional Fees Specialized Computer Applications (per hour) $24 Personal Automobile (per mile) Current IRS Rate 1 Photocopies (per page) $.10 - Rates are valid for a period of three (3) years from contract award. - Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. - When project-specific conditions require It, a Subject Matter Expert may be used in a senior review capacity at a rate of $320 per hour. - When necessary, Geosyntec will provide a modified rate schedule to address prevailing wage requirements. Geosyntec° FEE PROPOSAL HB -189-Item 9. - 75 Client#: 25361 GEOSCONS ACORa CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/ODIYYYY) 3122/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Greyling Ins. Brokerage/EPIC 3780 Mansell Road, Suite 370 Alpharetta, GA 30022 utifecT Carly Underwood rAEl0NEo , Eat): 7 70.552.4225 E•MAIL I ra le, N i No): 866.550.4082 ADDJ3ESS: carly.underwOod@greyling.com INSLIRER(S) AFFORDING COVERAGE INSURER A: Allianz Underwriters Insurance 36420 NAIC II INSURED Geosyntec Consultants, Inc. 1111 Broadway, 6th Floor Oakland, CA 94607-0000 INSURER B: INSURER C INSURER : INSURERS: INSURER COVERAGES CERTIFICATE NUMBER: 16-17 REVISION NUMBER: INSR LTR THIS INDICATED. CERTIFICATE EXCLUSIONS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, TYPE OF INSURANCE ADDL INSR SUBS WV.D._, POLICY NUMBER APPROVED AS ID IIP B y: larar "Aallagga' 1117108 [CAM FORM BEACH AMOS LIMITS EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY I j OCCUR CLAIMS-MADE IVIOginE rrgigancal S MED EXP (Any one parsonl PERSONAL 8 ADV INJURY S GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S POLICY I _I TeT- OTHER: I I LOC PRODUCTS - COM PIOP AGO S $ _ AUTOMOBILE LIAI3ILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS CO INGLE LIMIT MOTIVO S (Ea PCCIdoint) $ ' ICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BODILY INJURY (Per person) $ - ._. BODILY INJURY Per accident) S PROPERTY DAMAGE (per accIdent) $ $ UMBRELLA LIAB EXCESS LIAB _____.. H OCCUR CLAIMS-MADE EACH OCCURRENCE S AGGREGATE _, DED I 1 RETENT ON $ S WORKERS COMPENSATION ANY PROPRIETORIPARTNER/EXECUTIVE OFFICERMEMBER ExcLUDED? (Mandatory In NH) II yes. describe under OLSCRIPTION OF OPERATIONS behow AND EMPLOYERS' LIABILITY YIN N I A ityLLTE I , Igini- $ EL. EACH ACCIDENT E L DISEASE - EA EMPLOYEE $ EL DISEASE - POLICY LIMIT S A Professional Liab /Contractors Pollution Liab EIL2006716 0410112016 04101/2017 Per Claim $8,000,000 Aggregate $10,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached IT more space Is required) Re: As-Needed Environmental Engineering Services. Professional Liability Deductible: $10,000. Should any of the above described policies be cancelled by the issuing insurer before the expiration date thereof, we will endeavor to provide 30 days' written notice (except 10 days for nonpayment of premium) to the Certificate Holder named below. CERTIFICATE HOLDER CANCELLATION City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #5453988/M453216 CUND1 HB -190-Item 9. - 76 CWE0000-01 ILAINE CERTIFICATE OF LIABILITY INSURANCE DATE fre1M/DD/YYYY) 1/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0757776 HUB International Insurance Services Inc. 6 Centerpointe Drive #350 La Palma, CA 90623 CONTACT NAME• PHONE (NC, No, Extl; (714) 7394177 E-MAIL ADDRESS: No):(714) 739-3188 INSURER(S) AFFORDING COVERAGE NA1C II INSURED CWE 1561 E. Orangethorpe Avenue Suite 240 Fullerton, CA 92831 INSURER A :Crum & Forster Specialty Insurance Company 44520 INSURERS :American Fire and Casualty Company 24066 INSURER c :State Compensation Insurance Fund of California 35076 INSURER D INSURER E : INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LIE TYPE OF INSURANCE ADDL INSO SUBR WVO POLICY NUMBER POLICY EFF IMMIOD/YYYY) POLICY EXP 1MMIDONYYY/ LIMITS A X COMMERCIAL GENERAL LIABILITY EPK-114949 APPROVED AS TO Br (Z..1r4-------171 12/08/2016 FORM / .?,00(1 12/08/2017 EACH OCCURRENCE $ 2,000,000 CLAIMS -MADE FX1 OCCUR PA PgitEE -(/)FlroniF)c rice ) $ 100,000 MED EXP (Any one person) 10,000 $ PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 4,000,000 X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 4,000,000 p. MICHAEL E, GA—ES CITY ATTORNEY OTHER: $ B AUTOMOBILE LIABILITY CITY OF HUNTINGTO BAA57609336 nI BEACH 12/08/2016 12/0812017 COMBINED SINGLE LIMIT accident) _(Ea $ 1,000,000 X ANY AUTO BODILY INJURY (Per person} $ OWNED AUTOS ONLY 121FODS ONLY SCHEDULED AUTOS 1;nel TON) ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 9170147-2016 12/01/2016 12/01/2017 x PER STATUTE 0TH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) Y 1 N N I A E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT 1,000,000 $ A A Professional Liabill Claims-Made EPK-114949 EPK-114949 12/08/2016 12/08/2016 12108/2017 12/08/2017 Each Occurrence Aggregate 2,000,000 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS !VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requi ed) CERTIFICATE HOLDER For Information Only CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 004..aa, ACORD 25(2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -191-Item 9. - 77 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TETRA TECH, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Tetra Tech, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by• this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Salar Niku who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5489/145781.doc HB -192-Item 9. - 78 3. TERM ., TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Five Hundred and Fifty Thousand Dollars ($550,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5484/145758.doc HB -193-Item 9. - 79 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT'S counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3 of 10 16-5489/145781.doc HB -194-Item 9. - 80 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5489/14578I.doc HB -195-Item 9. - 81 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance, CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-5489/145781.doc HB -196-Item 9. - 82 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 16-5489/145781.doc HB -197-Item 9. - 83 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Mend/Kevin Justen 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Tetra Tech, Inc. AU: Salar Niku 3475 East Foothill Boulevard Pasadena, CA 91107 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 16-5489/145781.doc HB -198-Item 9. - 84 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shalt be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUB COM RACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5489/145781.doc HB -199-Item 9. - 85 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn, 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5489/145781.doc HB -200-Item 9. - 86 By: 54 /4?,— AA print name ITS: (circle one) Chainnan/President(gice President INITIATED AND APBKOVED: AND By: 13, ,..cf,-bk—s/1/4__1 print name 'pfrele one) Secretary/Chief Financial Officer/Asst. Treasurer Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of TETRA TECH, INC. California Mayor City Clerk REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney Vr-o it ko 10 of 10 16-5489/145781.doc HB -201-Item 9. - 87 5c? Mayor By: AND By: 9ro-P JAAhL b. SAL/ N REVIEWED AND APPROVED: print name gircle one) Secretary/Chief Financial Officer/Asst. Treasurer Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of TETRA TECH, INC. California print name ITS: (circle one) Chainnan/Presiden ice Presiden City Clerk City Manager 10 of 10 16-5489/145781.doc HB -202-Item 9. - 88 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT Shall provide consulting services on an "as-needed" basis for general environmental engineering, water quality, landfill and gas anomaly, and hazardous waste/material projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. . CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as detailed below: General Environmental Engineering • Prepare, assist, and review Preliminary Environmental Studies; • Review of project plans and specifications; • Perform field investigations; • Provide site assessment an preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform general environmental engineering services on an "as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: HB -203-Item 9. - 89 Monitoring and Inspections • Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, and analyze bids. Construction Stage • Attend pre-construction conference. HB -204-Item 9. - 90 • Monitor construction schedule, visit construction sites as required for progress and quality of work evaluation. • Assist the engineer, contractor, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. • Prepare "as-built" drawings Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Public Works Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Public Works Department: Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Perform inspections of food facilities under the Fats, Oils, & Grease (FOG) Control program; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable agencies; • Assist in preparing and/or reviewing urban runoff plans. Fire Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Fire Department: HB -205-Item 9. - 91 Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systeins; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. HB -206-Item 9. - 92 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -207-Item 9. - 93 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -208-Item 9. - 94 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; 13) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -209-Item 9. - 95 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND TETRA TECH INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents I Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 11 Independent Contractor 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -210-Item 9. - 96 AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES HB -211-Item 9. - 97 Respectfully Submitted, TETRA TECH, INC. • (m) TETRA TECH June 20, 2016 Mr. Jim Slobojan, Fiscal Services Manager City of Huntington Beach 2000 Main Street Huntington Beach, California 92648 Subject: Cost Proposal for As-Needed Environmental Engineering Services Public Works and Fire Departments Tetra Tech is pleased to submit this Cost Proposal for our Statement of Qualifications (S0Q) in response to the Request for Qualifications (RFQ) for As-Needed General Environmental Engineering Services, dated May 24, 2016. Our SOQ is submitted under separate cover, Tetra Tech will offer the City, as it does to its other major clients, a realistic, reasonable, and highly competitive rates. Our pride in cost effectiveness is not just the competitive rates - we deliver the contract to be very cost effective at the bottom-line. We will accomplish this by: 1) effective strategic planning; 2) use of an outstanding project management program; and 3) effective cost-saving negotiations with regulatory agencies. This document includes our rates. Charges for work performed on the project, including office and field time, will be calculated and billed on the basis of the staff category hourly rates, as well as for the subcontractors (attached). The attached hourly rates are fully loaded including overhead and fee. All subcontractors' costs will be charged at cost plus a 10% handling fee. All direct expenses (such as travel mileage, materials, supplies, field equipment, field trucks, GPS units, etc,) will be charged at cost. All travel (mileage) cost will be initiated from our Irvine office, Salar D. Niku, P.E. Project ManagerNP Tetra Tech, Inc. 3475 E. Foothill Boulevard, Pasadena, CA 91107-6024 Tel 626,170.2462 Fax 626.470.2662 www.cetratech.corn HB -212-Item 9. - 98 -rt TETRATECH STANDARD TIME AND MATERIAL RATES Effective August 1, 2016 — July 31, 2019 Labor Category Project Manager Principal Engineer/Geologist/Scientist Level IV Principal Engineer/Geologist/Scientist Level III Principal Engineer/Geologist/Scientist Level II Principal Engineer/Geologist/Scientist Level I Senior Engineer/Geologist/Scientist Level IV Senior Engineer/Geologist/Scientist Level III Senior Engineer/Geologist/Scientist Level ll Senior Engineer/Geologist/Scientist Level I Engineer/Geologist/Scientist/CADD/GIS Level IV Engineer/Geologist/Scientist/CADD/GIS Level III Engineer/Geologist/Scientist/CADD/GIS Level II Engineer/Geologist/Scientis1/CADD/GIS Level I Word Processing / Administrative Assistant II Word Processing / Administrative Assistant I Fully Burdened Hourly Rates $260 $275 $260 $225 $200 $180 $160 $142 $126 $115 $99 $97 $91 $80 $75 OTHER: Direct costs such as travel, materials, supplies, etc. will be billed at actual cost, per City of Huntington Beach reimbursement policy. Per Diem will be per City of Huntington Beach and Federal requirements, per approval of City of Huntington Beach Project Manager. Rates Effective for life of the contract term. If the contract gets extended beyond the 3 year term, the rates will be adjusted at 4%. Above rates apply to normal working hours. Rated during non-normal (i.e., during evening an d night hours shall be determined on project specific.basis). 2 HB -213-Item 9. - 99 American Environmental Testing Laboratory Inc. 2834 North Naomi Street Burbank, CA 91504 • DOHS NO: 1541, LACSD NO: 10181 Tel: (888) 288-AETL • (818) 845-8200 • Fax: (818) 845-8840 • www.aetlab.com June 13, 2016 PROPOSAL FOR CITY OF HUNTINGTON BEACH TETRA TECH, INC. 3475 East Foothill Boulevard, Pasadena, CA 91107 I EL. 626-470-2415, FAX 626-470-2615 Proposed Schedule of Fees ANALYTE METHOD OF ANALYSIS . UNIT PRICE $ VOCs 8260B 60.00 VOCs plus Oxygenates 8260B 65.00 BTEX + Oxygenated Compounds 8260B 60.00 1,4-Dioxane & 1,2,3-Trichloropropane M8260B-SIM 150.00 Encore (Each) 5035A 9.00 Terra Core (Pre-core) (per pack for each sample) 5035A 25.00 TPH as Gasoline (C4 - C12)* M8015G 30.00 TPH as Diesel Extended (C13 - C40)** M8015D 38.00 PAH 8310 100.00 PAHs M8270C-SIM 135.00 SVOCs 8270C 125.00 ETEX & MTBE 8021 40.00 Pesticides (0CPs) 8081B 65.00 PCBs 8082 55.00 Pesticides/ PCBs (OCP/PCB) 8081B/8082 110.00 Organophosphorus Pesticides (OPP) 8141 110.00 Chlorinated Herbicides (OCH) 8151 110.00 Methane, Ethane, & Ethene RSK-175 100.00 Perchlorate 314.0 82.00 TRPH M1664 40.00 Organic Lead HMU-900 45,00 CAM Metals (CCR) 6010B/7000 90.00 13 PP Metals • 6010B /7000 85.00 8 RCRA Metals 6010B /7000 70.00 Title 22 Metals 6010B/7000s 85.00 Title 22 Metals 6020/7000s 145.00 Single Metal 1CP (Analysis Only) 6010B 10.00 Single Metal ICP/MS (Analysis Only) 6020 17.00 Mercury 7471A/7470A1245.1 30.00 Metals Preparation 3000/200.2 5.00 HB -214-Item 9. - 100 American Environmental Testing Laboratory Inc. 2834 North Naomi Street Burbank, CA 91504 • DOBS NO: 1541, LACSD NO: 10181 Tel: (888) 288-AETL • (818) 845-8200 • Fax: (818) 845-8840 • www,aetlab.com June 13, 2016 PROPOSAL FOR CITY OF HUNTINGTON BEACH TETRA TECH, INC. 3475 East Foothill Boulevard, Pasadena, CA 91107 TEL. 626-470-2415, FAX 626-470-2615 Proposed Schedule of Fees (Cont. ANALYTE - METHOD OF ANALYSIS UNIT PRICE $ STLC Extraction Title 22 40.00 TCLP Extraction 1311 40.00 Cr (V1) 7196 25.00 Cr (V1) 7199 75.00 Ignitability 1010 45,00 Anions*"** 300.0 90,00 Cations****** 200.7 53,00 Boron 200.7 12.00 Rhodamine SPEC 50.00 Specific Conductance 120.1 10,00 Hardness 130.2 10.00 pH Water 150.1 5.00 pH Soil 9045 7.00 TDS (Total Dissolved Solids) 160.1 12,50 TSS (Total Suspended Solids) 160.2 12.50 SS (Settleable Solids) 160.5 12.50 Turbidity 180.1 10.00 Title 22 Metals 200.7/245,2 90.00 Manganese 200,7 15,00 Magnesium 200.7 15.00 Iron 200,7 15.00 Ortho-phosphate 300.0/365.2 20,00 Phosphate 300.0 20.00 Chloride 300.0 12.50 Chlorine (Residual) 330.4 14.00 Nitrate -N 300.0 12.50 Nitrite - N 300.0 12.50 Sulfate 300.0 12.50 Acidity 305.1 12.50 • Alkalinity 310.1 12.50 Cyanide ( Amenable to Chlorination) 335.1 40,00 Cyanide ( Total) 335.2 30.00 DO 360.2 15.00 Sulfide 376.2 12.50 BOD 405.1 40.00 COD 410.4 20.00 I, HB -215-Item 9. - 101 American Environmental Testing Laboratory Inc. 2834 North Naomi Street Burbank, CA 91504 • DOHS NO: 1541, LACSD NO: 10181 Tel: (888) 288-AE'TL • (818) 845-8200 • Fax: (818) 845-8840 • www.aetlab.com June 13, 2016 PROPOSAL FOR CITY OF HUNTINGTON BEACH TETRA TECH, INC. 3475 East Foothill Boulevard, Pasadena, CA 91107 TEL. 626-470-2415, FAX 626-470-2615 Proposed Schedule of Fees (Cont. ANALYTE METHOD OF ANALYSIS UNIT PRICE $ TOC 415.1 50.00 Surfactants (by MBAS) 425.1 33.00 Oil & Grease (by IR) 413.2 26.00 Oil & Grease (Gravimetric) 1664 35.00 Reactive Cyanide and Sulfide 9010/9030 66.00 General Minerals Various 165.00 Ferrous Iron SM-3500 30.00 CO2 SM-4500 50.00 EDD (Geotracker) N/A 35.00/job * - One lump sum value as TPH as Gasoline ** - Broken down to C13-C22 (TPH as Diesel) C23-C40 (TPFI as Heavy Hydrocarbon) C13-C40 (Total TP11 as Diesel and Heavy Hydrocarbon) NOTES: This Proposal is valid from June 2016 through June 2019. STANDARD TURN AROUND TIME (TAT) IS FIVE WORKING DAYS. THERE IS A 50% SURCHARGE FOR THE COST OF ANALYSIS FOR NEXT-DAY TAT THERE IS A 25% SURCHARGE FOR THE COST OF ANALYSIS FOR 2 DAYS TAT. THERE IS A 20% SURCHARGE FOR THE COST OE ANALYSIS FOR 3 DAYS TAT. THERE IS A 10% SURCHARGE FOR THE COST OF ANALYSIS FOR 4 DAYS TAT. I`IIICES INCLUDE QA/QC DATA, LABELS, CHAIN OF CUSTODY FORMS, COOLER, BLUE ICE, AND COMPLIMENTARY SAMPLE PICKUP, • C Cyrus Razmara, Ph.D. CEO & Laboratory Director HB -216-Item 9. - 102 1 1 BC2 ENVIRONMENTAL Schedule of Fees 2018 DESCRIPTION UNIT UNIT PRICE GEOPROBE SERVICES Mobilization / Demobilization 0-25 Mlles Trip $275.00 26-75 Mlles Trip $525.00 76 -120 Mites Trip $525.00 >121 Mlles Mlle $5.00 Direct Push Rig 2-Man Crew 0-4hrs On-site Half Day $1,100.00 2-Man Crew 8hrs On-site Day $1,800.00 Sample Supplies Day $150.00 Surcharge for Continuous Sampling Foot $2.00 Groundwater Samples Each _1 $25,00 Vapor Samples, Expendable Tips/Tubing Sample $15.00 Tedlar Bags Each $30.08 AIR-VACUUM SERVICES Mobilization / Demobilization 0-25 Miles Trip $275,00 26-75 Miles Trip $325.09 76-120 Mlles Trip $525.00 >121 Mlles Mlle $5.00 Air Vac Rig Air-Vacuum Hole Clearance (4hr Minimum) Hour $185.00 Asphalt Patch Bag $10.00 Pea Gravel Bag $5.00 Red-Mix Concrete Bag $5.00 Rapid-Set Concrete Bag $17.00 HOLLOW STEM AUGER DRILLING SERVICES Mobilization / Demobilization 0-25 Miles Trip $325,00 26-75 Miles Trip $425.00 76-120 Miles Trip $575.00 >121 Miles Mile $7.00 Drilling Soil Borings (Note 1) Foot $18.00 2" PVC Wells (Note 2) Foot $32.00 4" PVC Wells (Note 2) Fool $42.00 . Dual Completed 2" PVC Wells 1 Foot $50.00 Triple Completed 2" PVC Wells Foot $59.00 WELL DEVELOPMENT (Note 3) 1-Man Crew Hour $155.00 Centrifugal Pump and Jetting Tools Day $200.00 Abandonment of Wells . 2" PVC Wells By Overdrilling Foot 1 $19.00 4" PVC Wells By OverdrillIng Foot $24.00 6" PVC Wells By Overddlling Foot $29.00 2" PVC Wells By Pressure Grouting Foot $10.00 4" PVC Wells By Pressure Grouting Foot $13.00 8" PVC Wells By Pressure Grouting . Foot $18.00 MUD ROTARY DRILLING SERVICES Mobilization / Demobilization 0-25 Mlles Trip $1,500.00 26-75 Miles Trip $2,500.00 76-120 Miles Trip $3,500.00 >121 Miles Mite $3500 + $12/mile over 120 miles 6C2 Environmental Price List 2016 Pricing effective Januaryt, 2016 through December 31, 2016 HB -217-Item 9. - 103 BC2 ENVIRONMENTAL Schedule of Fees 2016 DESCRIPTION UN IT UNIT PRICE Drilling - Mud Rotary Daily Rate - Up To 91-Irs On-Site Day $4,500.00 2" PVC Wells - Casing & Annulus Backtill Material 8 Inch Borehole Foot $15.00 4" PVC Wells -Casing & Annulus Backfill Material 10 Inch Borehole Foot $18.00 Annulus Bead!! Material -8 Inch Borehole Foot $10.00 SONIC DRILLING SERVICES v Mobilization / Demobilization 0-25 Miles Trip $1,500.00 26-75 Mlles Trip $2,500.00 76-120 Miles Trip $3,600.00 >121 Mlles Mlle $3500 + $12/mile " over 120 miles Drilling - SONIC Daily Rate - Up To 9Hrs On-Site Day $4,500.00 2" PVC Wells - Casing & Annulus Backfill Material 8 Inch Borehole Foot $16.00 4" PVC Wells -Casing & Annulus Backfill Material 10 Inch Borehole Foot $18.00 Annulus Backfill Material - 8 Inch Borehole Foot $10.00 AIR ROTARY CASING HAMMER (ARCH) DRILLING SERVICES Mobilization / Demobilization 0-25 Miles Trip $1,500.00 26-75 Miles Trip $2,600.00 76-120 Miles Trip $3,500.00 >121 Miles Mile $3500 + $12/mile over 120 miles Drilling 7 Air Rotary Daily Rate - Up To 9Hrs On-Site Day $5,000.00 2" PVC Wells - Casing & Annulus Backfill Material 8 Inch Borehole Foot $15.00 4" PVC Wells -Casing & Annulus Backfill Material 10 Inch Borehole Foot $18,00 Annulus Backfill Material - 8 Inch Borehole Foot $10.00 Miscellaneous Charges Stainless Steel Conductor Casing, Well Casing, or Screen Materials Foot Current Market Asphalt Cookie Cutting 12-18" Diameter Hole $76.00 Concrete Cutting/Coring (portal to portal) Hour $175.00 Hand Auger Locations To Sit - up to 1/2 hr, $185/hr after - Hollow Stem Each $100.00 Angle Drilling Surcharge Foot $10.00 2-Man Hand Auger Crew Portal To Portal Hour $165.00 - Continuous Sampling Surcharge Foot $8.00 Low Clearance/Limited Access Drill Rig Surcharge - Hollow Stem Foot $8.00 Low Clearance/Limited Access Drill Rig Surcharge - Mod Rotary Foot $10.00 Hydropunch Groundwater Sampling up to 1/2 fir, $185/hr after - Hollow Stem Each $200.00 Grab Groundwater Sampling Through Augers Each $50.00 2 Inch PVC Temporary Well Material & Grab GW Sample Foot $5.00 SimulProbe Groundwater Sample Supplies & Equipment Each $195.00 Drive & Collect SimulProbe Groundwater Samples Hour $326.00 2" x 6" SS Sample Liners, Caps & Teflon Each $5.00 2" Split Spoon Samplers Each $325.00 Collect Split-Spoon Soil Samples - Mud Rotary Each $250.00 Decontamination Trailer (Note 5) Day $150.00 Support Truck Day $100.00 Sonic Flat Water Support Truck Day $200.00 Daily Crew Travel (Hollow Stem Auger, Sonic, ARCH, Mud Rotary crews) Day $375.00 Poly Water Tank Day $100.00 Bobcat or Forklift & Tilt Dumpster- Delivery/Pickup Lump Sum $460.00 Bobcat or Forklift & Tilt Dumpster - Daily Rental Day $300,00 65-Gallon Containment Drums Each $50.00 5" Dla Well Box Completion - Emco Wheaton Each $75.00 12" Dla Well Box Completion - Emco VVheaton Each $225.00 SAM Manual 12" Dia Well Box Completion - Emco Wheaton (San Diego County) Each $426.00 8" Locking Steel Monument Riser Completion Each $300.00 3" x 5 ft Steel Crash Posts - Installed Each $95.00 Remove And Replace 12" Diameter Well Boxes - Emco Wheaton Each $525.00 BC2 Environmental Price list 2016 Pricing effective January 1, 2016 through December 34, 2016 HB -218-Item 9. - 104 BC2 ENVIRONMENTAL Sohedule of Fees 2016 DESCRIPTION ' UNIT UNIT PRICE . Miscellaneous Charges (cont.) . Light.Tower Rental Night $185.00 Generator Rental Day $75.00 Security Hour $35.00 Service Run - Change In Scope Mlle $3.00 Level C Upgrade (per man per hour) Hour $15.00 Project Management (incl. Permitting, Disposal Coordination, etc.) Hour $125.00 Additional Tech / 1-Men Crew On-Site Plus Travel Hour $50.00 - Premium Time (Note 4) Man/Hour $35.00 Hollow Stem Auger Drill Rig Standby Rate - (Logging, Site Access, Client Decisions) Hour $195.00 Mud Rotary/Sonic/ARCH Standby Rate - (Logging, Site Access, Client Decisions) Hour $425.00 _ Subcontracted Services Performed at Cost Plus 15% in Addition to Project Management 'fime . Notes: (1) Soil Borings: Pricing Includes drilling With 2 man crew, sampling at 56 intervals (one liner per sample) and backfill. Decontamination heifer rental and containment of cuttings and decon water are charged separately. (2) Groundwater and Vadose Wells: Pricing Includes drilling with 2 man crew, sampling at 5fl intervals, construction and benign!. Materials include PVC well casing, up to 20 feet of slotted casing, filler pack, and annular seal, Decontamination trailer, surface completion and containment of cuttings and decon water are charged separately. (3) Well Development: Hourly rates are charged portal to portal and exclude 55-gallon containment drums. (4) Premium Time: Premium lime is charged after 8 hours on-site in a single day and for weekends and night work. (5) Decontamination Trailer: Rental Is in addition to footage and hourly rates. BC2 assumes that other parties will provide site access, drilling and well permits, and clear the location of utilities on the property. Drill rig hourly rotes will be charged tor all standby time and for time associated with rearming to prevlonsly-drilled bore/roles. .8C2 is not responsible for damaee to iiirderermind improvements. Client is responsible for naming BC2 Enviromnental on USA Dig Alert 7Icket as the excavating contractor. Ills the sole responsibility ofthe lessee or renter to follow the requirements of the regional nonfication center lmv pursuant to Article 2 (commencing with Section 4216) of Chapter 3.1 of Diwsion 5 of Title I of the Government Code. By signing a contract, the lessee or renter accepts all liabilities and responsibilities contained isr the regional notification center law. brprevailing wages are required, an additional E50/nian/hour will be charged. Ito WW1 Anglect Labor Agreement (P1.4/ Is renuired,pinerrent 0(53000 will be required PRIOR to the SUM a(ibeinvtect. Amnon apprentice mew also be required at S750/dalt for all PtVprofects. I. 6C2 Environmental Price LW 2016 Pricing effective January 1,2016 through December 31, 2016 HB -219-Item 9. - 105 I belshire environmental services, inc. 25971 Towne Centre Drive, Foothill Ranch, CA 92610 I 2016 RATE SCHEDULE (Non-Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1,2017 Al! rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF BULK SOIL TRANSPORTATION & DISPOSAL OF BULK SOIL Upon request, rates will be quoted on a "per ton" basis on a project specific basis DISPOSAL OF NON-HAZARDOUS SOIL O. SOIL SAFE OF CALIFORNIA (TPST) Disposal Fee $35.00 - $40.00/ton # # Rates are based on current disposal facility pricing, are subject to change if disposal facility rates increase. DISPOSAL OF NON-HAZARDOUS SOIL ® CHIQUITA CANYON LANDFILL Disposal Fee (Daily Cover) $28.00 - 35.00 /ton # Disposal Fee (Direct Landfill) = $47.00 - $55.00 /ton* # Rates are based on current disposal facility pricing, are subject to change if disposal facility rates increase. END DUMP TRUCK RATES (Operated) (Minimum = 4.0 hours) UNIT TYPE End Dump Truck - Non-Hazardous*: End Dump Truck - Hazardous*: 10-Wheeler Dump Truck - Non-Hazardous": 10-Wheeler Dump Truck - Hazardous*: *In most cases, End Dump rates will he charged on a tonnage basis (based on mileage). Any clean-up load (last/final load available) will be invoiced as a 23-ton minimum load, ROLL-OFF TRUCK (Operated) & BIN RENTAL RATES (Minimum = 4.0 hours) UNIT / EQUIPMENT TYPE Roll-off Truck: Roll-off Truck (Overtime): Roll-off Truck (Double-Time): Roll-off Bins (15 & 40 Cubic Yard): Roll-off Bins / Sludge Bins (5 Cubic Yard): Plastic Bin Liners (3 mil): Plastic Bin Liners (6 mil): RATE $ 95.00 - $110.00 / hour $105.00 - $120.00 /hour $ 95.00 - $110.00 / hour $105.00 - $120.00 /hour RATE $100.00 / hour $120.00 / hour $130.00 / hour $ 15.00 / day $ 25.00 / day $ 35.00 / each $105.00 / each DOUBLE-TIME RATE: First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 a.m. or after 6:00 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. STRAIGHT-TIME: OVERTIME RATE:, 1 of 6 HB -220-Item 9. - 106 beishire environmental services, inc. 25971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Non-Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS "MILKRUN" TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS 1 TRANSPORTATION & DISPOSAL - NON-HAZARDOUS -- SOIL @ SOIL SAFE (TPST) (55 gal): -- WATER @ DeMENNO KERDOON (55 gal): - INERT CONCRETE/ASPHALT DEBRIS (55-gal): -- DRILLING MUD @ CROSBY & OVERT ON or US ECOLOGY: -- SOIL/SOLIDS (PPE, TRASH, DEBRIS, etc.) @ U.S. ECOLOGY: TRANSPORTATION & DISPOSAL - NON-RCRA (CALIF) HAZARDOUS -- GAS/WATER MIXTURE ® DeMENNO KERDOON (55-gal): - LIQUIDS @ DeMENNO KERDOON (55-gal): - SOIL/SOLIDS (PPE, TRASH, DEBRIS, etc.) @ U.S. ECOLOGY (55-gal): TRANSPORTATION & DISPOSAL - RCRA-HAZARDOUS -- SOIL/SOLIDS @ U.S. ECOLOGY - DIRECT LANDFILL (55-gal): -- SOIL/SOLIDS @ U.S. ECOLOGY STABILIZATION - METALS (55-gal): -- SOIL/SOLIDS @ CLEAN HARBORS - INCINERATION (55-gal): (Up to 500 lbs/drnm / Excess invoiced at $1.00/lb) -- GAS/WATER MIXTURE @ DeMENNO KERDOON (55-gal): -- LIQUIDS @ DeMENNO KERDOON (55-gal): -- LIQUIDS @ U.S. ECOLOGY (55-gal): ASSOCIATED ITEMS PROJECT MANAGEMENT & PROFILE FEE (also applies to Bulk Soil): DELIVERY OF EMPTY DRUMS (MILERUN): EMPTY "USED" STEEL DRUMS (55-gal): SALVAGE/OVERPACK DISPOSAL SURCHARGE (95-gal): SCRAPPING OF EMPTY STEEL DRUMS (55-gal): ABSORBENT / SOLIDISORB (25 lb. Bag): ONSITE TIME (TRANSFER OF WASTE): HAND PUMP (for LIQUID WASTE TRANSFER): pH METER RENTAL: RIVET BUSTER (CUTTING OPEN DRUMS IN YARD): FedEx MANIFESTS (STANDARD OVERNIGHT): RATE $100.00 / drum * # $100.00 / drum *# $100.00 / drum * # $230.00 / drum * # $200.00 / drum * # RATE $190.00 / drum *# $190.00 / drum * # $215.00 / drum * RATE $280.00 / drum * # $290.00 / drum * # $840.00 / drum * # $200.00 / drum * # $230.00-$300.00 / drum *# $335.00 / dnurt * # $100.00-$500.00 / project $275.00-$450.00 / trip No Charge $100.00 / drum # $ 25.00 / drum $ 30.00 / bag $100.00 / hour $ 21.00 / each $ 20.00 / each $100.00 / day $ 20.00 / package BESI maintains an inventory of empty "USED" Drums available for delivery to project sites. These Drums are to he used to contain only Non-Hazardous waste. Hazardous waste may not be transported in "USED" Drums. IfBESI Is being contracted to remove the waste, these drums will be provided at no cost (free), other than delivery charges. * Site Set-up Fee ($100.00): Any drum removal event with < 5 drums will be charged a $100.00 Site Set-up Fee (in addition to the per drum rate). # Rates are based on current disposal facility pricing, are subject to change if disposal facility ratesincrease. Rates for other waste will be quoted upon request on a project specific basis. 2 of 6 HB -221-Item 9. - 107 lbelshire environmental services, inc. 125971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Non-Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS DRUM TRUCK/FLATRACK TRUCK RATES (Operatedl (Minimum = 4.0 hours) UNIT_TYPE RATE Drum Truck with Lift Gate: $100.00 / hour Drum Truck with Lift Gate (Overtime): $120.00 / hour Drum Truck with Lift Gate (Double-Time): $130.00 / hour DOUBLE-TIME RATE: First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 a.m. or after 6:00 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. STRAIGHT-TIME: OVERTIME RATE: ASSOCIATED ITEMS NEW STEEL DRUMS (EMPTY) NEW - 15-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): NEW - 15-Gal UN/DOT CLOSED-TOP: NEW - 30-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT OPEN-TOP (w/ BUNG): NEW - 55-Gal UN/DOT OPEN-TOP (w/ PLAIN LID); RECONDITIONED STEEL DRUMS (EMPTY) RECON - 30-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): RECON - 55-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): RECON - 55-Gal UN/DOT CLOSED-TOP: RECON - 55-Gal UN/DOT OPEN-TOP (iv/ BUNG): NEW POLY DRUMS (EMPTY) NEW - 3.5-Gal Non-DOT PAIL: NEW - 5-Gal UN/DOT PAIL: NEW - 15-Gal UN/DOT OPEN-TOP: NEW - 15-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT CLOSED-TOP: RECONDITIONED POLY DRUMS (EMPTY) RECON - 15-Gal UN/DOT OPEN-TOP: RECON - 15-Gal UN/DOT CLOSED-TOP: RECON - 30-Gal UN/DOT OPEN-TOP: RECON - 30-Gal UN/DOT CLOSED-TOP: RECON - 55-Gal UN/DOT OPEN-TOP: RECON - 55-Gal UN/DOT CLOSED-TOP: RECON - 55-Gal UN/DOT CLOSED-TOP (Opaque/Clear): 1 1 RATE $ 70.00 / drum 60.00 / drum $ 59.00 / drum $ 73.00 / drum $ 82.00 / drum - $ 82.00 / drum RATE $ 51.00 / drum $ 43.00 / drum $ 43.00 / drum $ 43.00 / drum RATE $ 29.00 / drum $ 35.00 / drum $ 61.00 / drum $ 40.00 / drum $ 58.00 / drum $ 42.00 / drum $ 32.00 / drum $ 39.00 / drum $ 32.00 / drum $ 54.00 / drum $ 35.00 / drum $ 38.00 / drum 3 of 6 HB -222-Item 9. - 108 -UNIT TYPE Air Compressor Unit (Trailer): Generator: LEL Meter: Double Diaphragm Pump: Forklift / Loading Equipment: RATE $325.00 / day $195.00 / day $120.00 / day $225.00 / day Quoted upon request libelshire environmental services, inc. I.5971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Non-Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS ASSOCIATED ITEMS OVERPACKS / SALVAGE DRUMS (EMPTY) NEW - 95-Gal POLY UN/DOT SALVAGE DRUM - OPEN-TOP: NEW - 95-Gal STEEL UN/DOT SALVAGE DRUM - OPEN-TOP: USED - 95-Gal STEEL/POLY SALVAGE DRUM (Non-UN/DOT)- OPEN-TOP: MISC. CONTAINERS (EMPTY) RECON - 250/275-Gal TOTE: UN/DOT CUBIC-YARD BOX (EMPTY) w/ WOODEN PALLET: UN/DOT SUPERSACK (EMPTY): WOODEN PALLET: ADDITIONAL LABOR & EQUIPMENT RATES LABOR RATES (Minimum = 4.0 Hours) RATE $285.00 / drum $225.00 / drum $125.00 / drum $175,00 / tote $ 87.00 / each $ 35.00 / each $ 20.00 / each CATEGORY Field Technician I: Field Technician II: Heavy Equipment Operator: Project Manager: Waste Consultant: STRAIGHT-TIME $ 65.00 / hour $ 75.00 / hour $ 75.00 / hour $ 85.00 / hour $125.00 / hour OVERTIME $ 75.00 / hour $ 90.00 / hour $ 90.00 / hour $105.00 / hour N/A DOUBLE-TIME $ 85.00 / hour $105.00 / hour $105.00 / hour $125.00 / hour N/A First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 aim or after 6:00 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. STRAIGHT-TIME: OVERTIME RATE: DOUBLE-TIME RATE: EOUIPMENT RATES (Non-Operated) (714inim um = 4.0 hours) UNIT TYPE RATE Pickup Truck/Crew Truck: $25.00-$50.00 / hour Pressure Washer (Cold Water): $150.00 / day Response Truck: $550.00 / day Drum-it with Mini-Vac Unit: $625.00 / day Drum-it (no Mini Vac Unit): $150.00 / day SURCHARGE Any fees billed through BEST shall be invoiced to TETRA TECH at a 15% surcharge. This surcharge would include only those fees not already included on the BEST rate sheet, or fees not otherwise determined by a BESI quotation to TETRA TECH prior to the project work. 4 of 6 HB -223-Item 9. - 109 I belshire I services, inc. .5I 971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Non-Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1,2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF BULK LIQUIDS BY VACUUM TRUCK BULK DISPOSAL OF NON-HAZARDOUS OILY WATER (STANDARD) @ DeMENNO KERDOQN DESCRIPTION Disposal Fee: Disposal Solids Surcharge: Truck Washout Fee: RATE $ 0.61/gallon # $ 3.16/gallon # $325.00/washout # BULK DISPOSAL OF HAZARDOUS OILY WATER (STANDARD) @ DeMENNO KERDOON DESCRIPTION Disposal Fee: Disposal Solids Surcharge: Truck Washout Fee: RATE $ 0.65/gallon # $ 3.28/gallon # $325.00/washout # #Rates are based on current disposal facility-pricing, are subject to change if disposal facility rates increase. DISPOSAL OF OTHER BULK LIQUIDS Rates will be quoted upon request on a project specific basis VACUUM TRUCK RATES (Operated) (Minimum = 4.0 hours) UNIT /EQUIPMENT TYPE STRAIGHT-TIME OVERTIME DOUBLE-TIME NIGHT WORK Vacuum Truck 70 BBL Mild Steel: $ 92.25 / hour $107.50 / hour $131.75 / hour $131.75 / hour Vacuum Truck 100 BBL Mild Steel: $ 96.25 / hour $116.00 / hour $142.00 / hour $142.00 / hour ASSOCIATED ITEMS PROJECT MANAGEMENT & PROFILE PEE: Surge Block: PVC Stingers / Schedule 40 — 1" Standard (10-ft section): PVC Stingers / Schedule 40— 1/2" or 3/4" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 1" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 1 1/2" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 2" Special In-Line (10-ft section): Mr Assist / Deep Wells: $100.00-$500.00 / project $ 28.75 / day $ 17.25 / each $ 24.25 / each $ 26.50 / each $ 28.75 / each $ 32.25 / each $ 34.50 / well STRAIGHT-TIME: OVERTIME RATE: DOUBLE-TIME RATE: NIGHT WORK: First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, Monday through Friday. And, the first 12,0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. Any time worked that starts after 6:00 p.m. and/or before 5:00 a.m. at the request of TETRA TECH. 5 of 6 HB -224-Item 9. - 110 Ibeishire environmental services, inc. 1 25971 Towne Centre Drive, Foothill Ranch, CA 92610 Belshire Environmental Services, Inc. Fuel Surcharge Rates The following rate tables were established in response to escalating diesel fuel prices. The surcharges are based on weekly diesel fuel rates determined by the Energy Information Administration (ETA). Standard Rates will be adjusted upward/downward as diesel rates rise/fall. If diesel fuel rates exceed the fuel ranges shown in the tables, the surcharges will follow the linear trends established in these tables. Adjustments to the surcharges will be made on a weekly basis, based on the current diesel fuel price for that week. TRANSPORTATION EQUIPMENT: The Fuel Surcharge Rates shown in the table below apply to all transportation equipment on our Rate Schedule, except for vacuum trucks. Fuel Range Surcharge $1.92 - $2.01 7.00% $2.02 - $2.11 8.00% $2.12 - $2.21 9.00% $2.22 - $2.31 10.00% $2.32 - $2.41 11.000/c $2.42 - $2.51 12.00% $2.52 - $2.61 13.00% $2.62 - $2.71 14.00% $2.72 - $2.81 15.00% $2.82 - $2.91 16.00% $2.92 - $3.01 17.00% $3.02 - $3.11 18.00% Fuel - Range $3.21 Surcharge 19.00% $3.12 $3.22 - $3.31 20.00% . $3.32 - $3.41 21.00% $3.42 - $3.51 22.00% $3.52 - $3.61 23.00% $3.62 - $3.71 24.00% $3.72 - $3.81 25.00% $3.82 - $3.91 26.00% $3.92 - $4.01 27.00% $4.02 - $4.11 28.00% $4.12 - $4.21 29.00% $4.22 - $4.31 30.00% Fuel Range Surcharge $4.32 - $4.41 31.00% $4.42 - $4.51 32.00% $4.52 - $4.61 33.00% $4.62 - $4.71 34.00% $4.72 - $4.81 35.00% $4.82 - $4.91 36.00% $4.92 - $5.01 37.00% $5.02 - $5.11 38.00% $5.12 - $5.21 39.00% $5.22 - $5.31 40.00% $5.32 - $5.41 41.00% $5.42 - $5.51 42.00% DRUMS: A fuel surcharge is added to our standard Drum rates based on the table below. A fuel surcharge rate will be added based on the number of drums removed from the site on any single drum removal trip. A minimum charge of 4 drums will be charged on any drum removal trip. Fuel Range Surch arge $2.01 $2.50 $2.50 $2.51 $3.00 $4.00 $3.01 - $3.50 $5.00 $3.51 - $4.00 $6.25 $4.01 - $4.50 $7.50 $4.51 - $5.00 $8.75 $5.01 - $5.50 $10.00 $5.51 - $6.00 $11.25 $6.01 - $6.50 • $12.50 $6.51 $7.00 $13.75 Minimum Fuel Surcharge is based on four drums. VACUUM TRUCKS: The Fuel Surcharge Rates shown in the table below apply to subcontracted vacuum truck and related equipment for projects in Southern California. Shown in the Surcharge column are the Surcharge for sites < 140 miles from Orange County yard, followed by Surcharge for site > 140 miles from Orange County yard. Fuel Range Surcharge $1.92 - $2.61 0.0% $2.62 - $2.71 4.0% / 7.5% $2.72 - $2.81 5.0% / 7.5% $2.82 - $2.91 5.0% / 9.5% $2.92 $3.01 6.0% / 9.5% Fuel Range Surcharge $3.02 - $3.11 7.0% / 11.5% $3.12 - $3.21 7.0% / 11.5% $3.22 - $3.31 8,0% / 13.5% $3.32 - $3.41 8.0% / 13.5% $3.42 - $3.51 9.0% / 15.5% Fuel Range Surcharge $3.52 - $3.61 10.0% / 15.5% $3.62 - $3.71 10.0% / 17.5% $3.72 - $3.81 11.0% / 17.5% $3.82 $3.91 11.0% / 19.5% $3.92 $4.01 12.0% / 19.5% 6 of 6 HB -225-Item 9. - 111 lbelshire environmental services, Mc. 4 25971 Towne Centre Drive, Foothill Ranch, CA 92610 • 2016 RATE SCHEDULE (Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF BULK SOIL TRANSPORTATION & DISPOSAL OF BULK SOIL Upon request, rates will he quoted on a "per ton" basis on a project specific basis DISPOSAL OF NON-HAZARDOUS SOIL SOIL SAFE OF CALIFORNIA (TPST) Disposal Fee = $35.00 - $40.00/ton # # Rates are based on current disposal facility pricing, are subject to change if disposal facilityrates increase. DISPOSAL OF NON-HAZARDOUS SOIL (@, CHIQUITA CANYON LANDFILL Disposal Fee (Daily Cover) = $28.00 — 35.00 /ton # Disposal Fee (Direct Landfill) = $47.00 - $55.00 /ton # # Rates are based on current disposal facility pricing, are subject to change if disposal facility rates increase. END DUMP TRUCK RATES (Operated) (Minimum 4.0 hours) UNIT TYPE End Dump Truck — Non-Hazardous*: End Dump Truck — Hazardous*: 10-Wheeler Dump Truck — Non-Hazardous*: 10-Wheeler Dump Truck — Hazardous*: *In most cases, End Dump rates will be charged on a tonnage basis (based on mileage). Any clean-up load (last/final load available) will be invoiced as a 23-ton minimum load. ROLL-OFF TRUCK (OperateA) & BIN RENTAL RATES (Minimum = 4.0 hours) UNIT / EQUIPMENT TYPE Roll-off Truck: Roll-off Truck (Overtime): Roll-off Truck (Double-Time): Roll-off Bins (15 & 40 Cubic Yard): Roll-off Bins / Sludge Bins (5 Cubic Yard): Plastic Bin Liners (3 mil): Plastic Bin Liners (6 mil): RATE $ 95.00 - $130.00! hour $105.00 - $150.00 /hour $ 95.00 - $130.00 / hour $105.00 - $150.00 /hour RATE $110.00 / hour $127.00 / hour $156.00 / hour $ 15.00 / day $ 25.00 / day $ 35.00 / each $105.00 / each DOUBLE-TIME RATE: First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 a.m. or after 6:00 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. Holidays: New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving and Christmas Day. STRAIGHT-TIME: OVERTIME RATE: 1 of 6 HB -226-Item 9. - 112 belshire environmental services, inc. 25971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS "MILKRUN" TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS TRANSPORTATION & DISPOSAL — NON-HAZARDOUS -- SOIL @ SOIL SAFE (TPST) (55 gal): -- WATER @ DeMENNO KERDOON (55 gal): — INERT CONCRETE/ASPHALT DEBRIS (55-gal): -- DRILLING MUD @ CROSBY & OVERTON or US ECOLOGY: -- SOIL/SOLIDS (PPE, TRASH, DEBRIS, etc.) @ U.S. ECOLOGY: TRANSPORTATION & DISPOSAL — NON-RCRA (CALIF) HAZARDOUS -- GAS/WATER MIXTURE @ DeMENNO KERDOON (55-gal): -- LIQUIDS @ DeMENNO KERDOON (55-gal): -- SOIL/SOLIDS (PPE, TRASH, DEBRIS, etc.) @ U.S. ECOLOGY (55-gal): TRANSPORTATION & DISPOSAL — RCRA-HAZARDOUS -- SOIL/SOLIDS (a) U.S. ECOLOGY DIRECT LANDFILL (55-gal): -- SOIL/SOLIDS @ U.S. ECOLOGY - STABILIZATION of METALS (55-gal): -- SOIL/SOLIDS @ CLEAN HARBORS — INCINERATION (55-gal): (Up to 500 lbs/drum / Excess invoiced at $1.00/1b) -- GAS/WATER MIXTURE @ DeMENNO KERDOON (55-gal): -- LIQUIDS @ DeMENNO KERDOON (55-gal): -- LIQUIDS @ U.S. ECOLOGY - SOLIDIFICATION (55-gal): ASSOC TED ITEMS PROJECT MANAGEMENT & PROFILE FEE (also applies to Bulk Soil): DELTVERY OF EMPTY DRUMS (MILKRUN): EMPTY "USED" STEEL DRUMS (55-gal): SALVAGE/OVERPACK DISPOSAL SURCHARGE (95-gal): SCRAPPING OF EMPTY STEEL DRUMS (55-gal): ABSORBENT / SOLIDISORB (25 lb. Bag): ONSITE TIME (TRANSFER OF WASTE): HAND PUMP (for LIQUID WASTE TRANSFER): pH METER RENTAL: RIVET BUSTER (CUTTING OPEN DRUMS IN YARD): FedEx MANIFESTS (STANDARD OVERNIGHT): RATE $110.00 / drum * # $110.00 / drum * $110.00 / drum * # $240.00 / drum * # $210.00 / drum * # RATE $200.00 / drum * # $200.00 / drum * # $225.00 / drum * # RATE $290.00 / drum * # $300.00 / drum * # $855.00 / drum * # $215.00 / drum * # $240.00-$310.00 / drum *# $345.00 / drum * # $100.00-$500.00 / project $275.00-$450.00 / trip No Charge $100.00 / drum # $ 25.00 / drum $ 30.00 / bag $100.00 / hour $ 21.00 / each $ 20.00 / each $100.00 / day $ 20.00 / package BEST maintains an inventory of empty ''USED" Drums available for delivery to project sites. These Dr u m s a r e t o b e u s e d to contain only Non-Hazardous waste. Hazardous waste may not be transported in "USED"Dru m s . H B E S I i s b e i n g contracted to remove the waste, these drums will be provided at no cost (free), other than delivery c h a r g e s . * Site Set-up Fee ($100,00): Any drum removal event with <6 drums will be charged a $100.00 Site Set-up Fee (in addition to the per drum rate). # Rates are based on current disposal facilitypticing, are subject to change if disposal facility rates i n c r e a s e . Rates for other waste will be quoted upon request on a project specific basis. 2 of 6 HB -227-Item 9. - 113 belshire environmental services, inc. 25971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF WASTE CONTAINED IN DRUMS DRUM TRUCK/FLATRACK TRUCK RATES (Operated) (Minimum = 4.0 hours) UNIT TYPE RATE Drum Truck with Lift Gate: $110.00 / hour Drum Truck with Lift Gate (Overtime): $127.00 / hour Drum Truck with Lift Gate (Double-Time): $156.00 / hour First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 a.m. or after 6:00 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. STRAIGHT-TIME: OVERTIME RATE: DOUBLE-TIME RATE: ASSOCIATED ITEMS NEW STEEL DRUMS (EMPTY) NEW - 15-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): NEW - 15-Gal UN/DOT CLOSED-TOP: NEW - 30-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT OPEN-TOP (w/ BUNG): NEW - 55-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): RECONDITIONED STEEL DRUMS (EMPTY) RECON - 30-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): RECON - 55-Gal UN/DOT OPEN-TOP (w/ PLAIN LID): RECON - 55-Gal UN/DOT CLOSED-TOP: RECON - 55-Gal UN/DOT OPEN-TOP (w/ BUNG): NW POLY DRUMS (EMPTY) NEW - 3.5-Gal Non-DOT PAIL: NEW - 5-Gal UN/DOT PAIL: NEW - 15-Gal UN/DOT OPEN-TOP: NEW - 15-Gal UN/DOT CLOSED-TOP: NEW - 55-Gal UN/DOT CLOSED-TOP: RECONDITIONED POLY DRUMS (EMPTY) RECON - 15-Gal UN/DOT OPEN-TOP: RECON - 15-Gal UN/DOT CLOSED-TOP: RECON - 30-Gal UN/DOT OPEN-TOP: RECON - 30-Gal UN/DOT CLOSED-TOP: RECON - 55-Gal UN/DOT OPEN-TOP: RECON - 55-Gal UN/DOT CLOSED-TOP: RECON 55-Gal UN/DOT CLOSED-TOP (Opaque/Clear): RATE $ 70.00 / drum $ 60.00 / drum $ 59.00 / drum $ 73.00 / drum $ 82.00 / drum $ 82.00 / drum RATE $ 51.00 / drum $ 43.00 / drum $ 43.00 / drum $ 43.00 / drum run $ 29.00 / drum $ 35.00 / drum $ 61.00 / drum $ 40.00 / drum $ 58.00 / drum $ 42.00 / drum $ 32.00 / drum $ 39.00 / drum $ 32.00 / drum $ 54.00 / drum $ 35.00 / drum $ 38.00 / drum 3 of 6 HB -228-Item 9. - 114 beishire ?nvironmental services, inc. 5971 Towne Centre Drive, Foolhill Ranch, CA 92610 2016 RATE SCHEDULE (Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 ALL rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATIONI& DISPOSAL OF WASTE CONTAINED IN DRUMS ASSOCIATED ITEMS DVERPACKS / SALVAGE DRUMS (EMPTY) NEW - 95-Gal POLY UN/DOT SALVAGE DRUM - OPEN-TOP: NEW - 95-Gal STEEL UN/DOT SALVAGE DRUM - OPEN-TOP: USED - 95-Gal STEEL/POLY SALVAGE DRUM (Non-UN/DOT)- OPEN-TOP: MISC. CONTAINERS (EMPTY) RECON - 250/275-Gal TOTE: UN/DOT CUBIC-YARD BOX (EMPTY) w/ WOODEN PALLET: UN/DOT SUPERSACK (EMPTY): WOODEN PALLET: ADDITIONAL LABOR & EOUIPMENT RATES LABOR RATES (Minimum =4.0 Hours) RATE $285.00 / drum $225.00 / drum $125.00 / drum $175.00 / tote $ 87.00 / each $ 35.00 / each $ 20.00 / each CATEGORY Field Technician T: Field Technician II: Heavy Equipment Operator: Project Manager: Waste Consultant: STRAIGHT-TIME $ 85.00 / hour $ 95.00 / hour $100.00 / hour $ 95.00 / hour $125.00 / hour OVERTIME $105.00 / hour $115.00 / hour $120.00 / hour $115.00 / hour N/A DOUBLE-TIME $125.00 / hour $135.00 / hour $145.00 / hour $135.00 / hour N/A First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, and any time before 5:00 a.m. or after 6:0 0 p.m., Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. STRAIGHT-TIME: OVERTIME RATE: DOUBLE-TIME RATE: EQUIPMENT RATES (Non-Operated) (Minimum = 4.0 hours) UNIT TYPE RATE Pickup Truck/Crew Truck: $25.00-$50.00 / hour Pressure Washer (Cold Water): $150.00 / day Response Truck: $550.00 / day Drum-it with Mini-Vac Unit: $625.00 / day Drum-it (no Mini Vac Unit): $150.00 / day UNIT TYPE RATE Air Compressor Unit (Trailer): $325.00 / day Generator: $195.00 / day LEL Meter: $120.00 / day Double Diaphragm Pump: $225.00 / day Forklift / Loading Equipment: Quoted upon request SURCHARGE Any fees billed through BEST shall be invoiced to of TETRA TECH at a 15% surcharg e . T h i s s u r c h a r g e w o u l d i n c l u d e only those fees not already included on the 13ESI rate sheet, or fees not otherwise det e r m i n e d b y a B E S T q u o t a t i o n t o o f TETRA TECH prior to the project work. 4 of 6 HB -229-Item 9. - 115 0, belshire environmental services, inc. 425971 Towne Centre Drive, Foothill Ranch, CA 92610 2016 RATE SCHEDULE (Prevailing Wage) Exclusively for TETRA TECH / CITY OF HUNTINGTON BEACH Effective June 1, 2016 All rates subject to an increase of 3% on an annual basis, beginning June 1, 2017 All rates subject to FUEL SURCHARGE when in effect (see Page 6) TRANSPORTATION & DISPOSAL OF BULK LIOUIDS BY VACUUNI TRUCK BULK DISPOSAL OF NON-HAZARDOUS OILY WATER (STANDARD) @ DeMENNO KERDOON DESCRIPTION RATE Disposal Fee: $ 0.61/gallon # Disposal Solids Surcharge: $ 3.16/gallon # Truck Washout Fee: $325.00/washout # BULK DISPOSAL OF HAZARDOUS OILY WATER (STANDARD) @ DeMENNO KERDOON DESCRIPTION RATE Disposal Fee: $ 0.65/gallon # Disposal Solids Surcharge: $ 3.28/gallon # Truck Washout Fee: $325.00/washout # #Rates are based on current disposal facilio pricing, are subject to change if disposal facility rates increase. DISPOSAL OF OTHER BULK LIQUIDS Ra tes will be quoted upon request on a project specific basis VACUUM TRUCK RATES (Operated), (Minimum = 4.0 hours) UNIT /EQUIPMENT TYPE STRAIGHT-TIME OVERTIME DOUBLE-TIME NIGHT WORK Vacuum Truck 70 BBL Mild Steel: $112.00 / hour $140.00 / hour $168.00 / hour $168.00 / hour Vacuum Truck 100 BBL Mild Steel: $121.00 / hour $151.25 / hour $181.50 / hour $181.50 / hour ASSOCIATED ITEMS PROJECT MANAGEMENT & PROFILE FEE: Surge Block: PVC Stingers / Schedule 40 — 1" Standard (10-ft section): PVC Stingers / Schedule 40 — 1/2" or 3/I" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 1" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 1 1/2" Special In-Line (10-ft section): PVC Stingers / Schedule 40 — 2" Special In-Line (10-ft section): Air Assist / Deep Wells: $100.00-$500.00 / project $ 28.75 / day $ 17.25 / each $ 24.25 / each $ 26.50 / each $ 28.75 / each $ 32.25 / each $ 34.50 / well First 8.0 hours worked between the hours of 5:00 a.m. and 6:00 p.m., Mon. -Fri. Any time worked over 8.0 hours in a workday, Monday through Friday. And, the first 12.0 hours worked on Saturday at the request of TETRA TECH. Any time worked over 12.0 consecutive hours in a workday. Any time worked on Sundays or Holidays at the request of TETRA TECH. Any time worked that starts after 6:00 p.m. and/or before 5:00 a.m, at the request of TETRA TECH. STRAIGHT-TIME: OVERTIME RATE: DOUBLE-TIME RATE: NIGHT WORK: 5 of 6 HB -230-Item 9. - 116 elshire Ivironmental services, inc. )71 Towne Centre Drive, Foothill Ranch, CA 92610 Belshire Environmental Services, Inc. Fuel Surcharge Rates The following rate tables were established in response to escalating diesel fuel prices. The surcharges are based on weekly diesel fuel rates determined by the Energy Information Administration (Ea). Standard Rates will be adjusted upward/downward as diesel rates rise/fall. If diesel fuel rates exceed the fuel ranges shown in the tables, the surcharges will follow the linear trends established in these tables. Adjustments to the surcharges will be made on a weekly basis, based on the current diesel fuel price for that week. TRANSPORTATION EOUIPMENT: The Fuel Surcharge Rates shown in the table below apply to all transportation equipment on our Rate Schedule, except for vacuum trucks. Fuel Range Surcharge $1.92 - $2.01 7.00% $2.02 - $2.11 8.00% $2.12 - $2.21 9.00% $2.22 - $2.31 10.00% $2.32 - $2.41 11.00% $2.42 - $2.51 12.00% $2.52 - $2.61 13.00% $2.62 - $2.71 . 14.00% $2.72 - $2.81 15.00% $2.82 - $2.91 16.00% $2,92 - $3.01 17.00% $3.02 - $3.11 18.00% Fuel Range Surcharge $3.12 - $3.21 19.00% $3.22 - $3.31 20.00% $3.32 - $3.41 21.00% $3.42 - $3.51 22.00% $3.52 - $3.61 23.00% $3.62 - $3.71 24.00% $3.72 - $3.81 25.00% $3.82 - $3.91 26.00% $3.92 $4.01 27.00% $4.02 - $4.11 28.00% $4.12 - $4.21 29.00% $4.22 - $4.31 30.00% Fue Range Surcharge $4.32 - $4.41, 31.00% $4.42 - $4.51 32.00% $4.52 - $4.61 33.00% $4.62 - $4.71 34.00% $4.72 - $4.81 35.00% $4.82 - $4.91 36.00% $4.92 - $5.01 37.00% $5.02 - $5.11 38.00% $5.12 - $5.21 39.00% $5.22 - $5.31 40.00% $5.32 - $5.41 41.00% $5.42 - $5.51 42.00% DRUMS: A fuel surcharge is added to our standard Drum rates based on the table below. A fuel surcharge rate will be added based on the number of drums removed from the site on any single drum removal trip. A minimum charge of 4 drums will be charged on any drum. removal trip. Fuel Range Surcharge Per Drum $2.01 $2.50 $2.50 $2.51 $3.00 $4.00 $3.01 - $3.50 $5.00 $3.51 - $4.00 $6.25 $4.01 - $4.50 $7.50 $4.51 - $5.00 $8.75 $5.01 - $5.50 $10.00 $5.51 - $6.00 $11.25 $6.01 - $6.50 '$12.50 $6.51 - $7.00 $13.75 Minimum Fuel Surcharge is based on four drums. VACUUM _TRUCKS: The Fuel Surcharge Rates shown in the table below apply to subcontracted vacuum truck and related equipment for projects in Southern California. Shown in the Surcharge column are the Surcharge for sites < 140 miles from Orange County yard, followed by Surcharge for site > 140 miles from Orange County yard. Fuel Range Surcharge $1.92 - $2.61 0.0% $2.62 - $2,71 4.0% / 7.5% $2.72 - $2.81 5.0% / 7.5% $2.82 - $2.91 5.0% / 9.5% $2.92 $3.01 6.0% / 9.5% Fuel Range Surcharge $3.02 - $3.11 7.0% / 11.5% $3.12 - $3.21 7.0% / 11.5% $3.22 - $3.31 8.0% / 13.5% $3.32 - $3.41 8.0% / 13.5% $3.42 - $3.51 9.0% / 15.5% Fuel Range Surcharge $3.52 - $3.61 10.0% / 15.5% $3.62 - $3.71 10.0% / 17.5% $3.72 - $3.81 11.0% / 17.5% $3.82 $3.91 11.0% / 19.5% $3.92 $4.01 12.0% / 19,5% 6 of 6 HB -231-Item 9. - 117 CAl= Rate Sheet Engineer/Scientist Principal Senior Project Manager Project Manager Technical Manager Task Leader Principal Engineer Senior Engineer Project Engineer Staff Engineer Assistant Engineer Senior Environmental Scientist Environmental Scientist Rate/Hour $253 $240 $216 $213 $188 $183 $174 $153 $127 $103 $129 $96 Construction Services Construction Manager $179 Senior Construction Inspector $136 Construction Inspector $119 Field Survey Licensed Surveyor $161 3-Person Survey Crew $227 2-Person Survey Crew $184 Support Services GIS Specialist $125 Senior Engineering Technician $101 Engineering Technician $87 CADD Designer $103 Project Coordinator $90 Administrative Assistant $83 General Direct Expenses Cost + 10% Subcontract Services Cost + 10% Specialized Computer Applications (per hour) $15 Mileage Current IRS Rate Field Vehicle — Hourly $12/hour Field Vehicle — Daily $80/day Field Vehicle — Monthly $1,500/month B&W Photocopies (per page) $0.10 Color Photocopies (per page) $0.50 Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics, Consumer Pr i c e I n d e x f o r A l l Urban Consumers. Rates for held equipment, health and safety equipment, and graphical supplies presented upon request. Based on CVVE maintaining General Liability Insurance for bodily injury and property damage with an aggregate l i m i t o f $ 2 , 0 0 0 , 0 0 0 per occurrence. In the event the client desires additional coverage, CWE will, upon the client's written request, o b t a i n a d d i t i o n a l Insurance and adjust the above billing rates accordingly. HB -232-Item 9. - 118 PECTRUM HYS I CS "ReMliing SVMUCiliCe" Subsurface Investigations: 2016 Rate Sheet City of Huntington Beach FEE SCHEDULE Standard Rates Standard labor is $195 per hour and includes a two person crew, field vehicle, and standard equipment including EM utility locating instruments, magnetometer, GPR, and EM61 high sensitivity metal detection. Mobilization/demobilization is $300 (site < 100 miles from any Spectrum office). • The project minimum is $650.00 which includes 1.5 hour of labor, equipment + mob/demob and administrative fees. Labor Rate Unit ' Crew of 2 (Project Manager + Field Tech)A $195.00 hour Crew of 1 A $150.00 hour Mob/Demob < 100 miles to site $300.00 each Administrative $65.00 hour Daily Field Prep $65.00 hour Reporting $85.00 hour AutoCAD $85.00 hour Geophysical Data Post Processing $85.00 hour Professional Geophysicist Review $135.00 hour Current Fuel Surcharge $10.00 per mob 2% escalation applies to Standard rates year to date from start of contract, Prevailing Wage excluded and is based on current rate during project cycle *Saturday/evening rate billed at 1.5x standard labor **Sunday rate billed at 2x standard labor ***Holiday rate billed at 3x standard labor Alf a job description is such that it requires prevailing wages to be paid, Spectrum will pay the employees the current PW for their classification and submit all the appropriate payroll information upon billing. Other Charges Additional instrument charges for our seismograph and Sting Resistivity meter: RAS-24 channel seismograph and the SuperSting Resistivity meter are charged at $400/day (1 day min.). There are no additional equipment charges for the Geonics EM-61, magnetometer, and Ground Penetrating Radar Units. Rented instruments are charged at cost plus 15%. These instruments are not typical of those associated with utility investigations and would only be employed for specific subsurface site characterizations. 20434 Corisco Street www,spectrutwoohysics.com (818) 886-4500 Chatsworth, CA 91311 Chatsworth— Santa Ana -- San Diego fax (818) 886-4511 HB -233-Item 9. - 119 WM SURVEYS, INC. William L. Meagher, Land Surveyor #5948 Jeremy M. Henry, Land Surveyor #8135 2747 Sherwin Avenue, Suite #12 - Ventura, CA 93003 Phone (805) 677-4850 Fax (805) 677-4853 ***RATE SCHEDULE*** EFFECTIVE June 4, 2016 Yearly 4% increase FIELD RATES: 2-Man Survey Crew Prevailing Wage OFFICE RATES: PROJECT MANAGER PROFESSIONAL SURVEYOR SENIOR MAPPING TECHNICIAN SPECIAL EQUIPMENT: (per day) -GP Survey baseline processing software -Trimble S6 Reflector-less — Robotic Instrument -Trimble R8 RTK GPS system -Trimble V10 Imaging-Scanner GENERAL CONDITIONS: $280.00/hr. $150.00/hr. $135 .00/hr. $130.00/hr. $ 50,00/hr $ 22.00/In $ 55.00/hr $ 200/day - 1.5 time the above rates will be charged for weekend and excess of an 8 hour day - Rates will be re-adjusted for inflation yearly - This rate schedule is confidential and not to be distributed without prior written agreement. HB -234-Item 9. - 120 ----- -", kr--------- CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIVYYY) 09/26/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Insurance Services West, Inc. Los Angel es CA Offi ce 707 Wilshire Boul evard Suite 2600 Los Angeles CA 90017-0460 USA CONTACT NAME: PHONE (866) 283 -7122 FAX (800) 363-0105 (NC. No. Eel): (A/C. No.); E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURED Tetra Tech, Inc. 3475 E. Foothill Boulevard Pasadena, CA 91107 USA INSURER A: National union Fire Ins CO of Pittsburgh 19445 INSURER B: The Insurance Co of the state of PA 19429 INSURER C: ArG Europe Limited AA1120841 INSURER IT; Lexington Insurance Company 19437 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SVGA WVD POLICY NUMBER POLICY EFF IMMIDD/YYYY) POLICY EXP (MMIDO(YYYY) LIMITS :A X COMMERCIAL GENERAL LIABILITY G1_6051604 10/01/2016 10/01/201Y EACH OCCURRENCE $2,000,000 CLAIMS-MADE I X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,000 X x contractural Liability MED EXP (Any one person) 510,000 X,C,U PERSONAL & ACV INJURY $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO- POLICY 1 POLICY I X OTHER: JECT X PER: LOC GENERAL AGGREGATE 54,000,000 PRODUCTS - COMP/OP AGO $4,000,000 X X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED AUTOS CA3194511 10/01/2016 10/01/2017 COMBINED SINGLE LIMIT (En accident) 52,000,000 BODILY INJURY) Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) C X UMBRELLA LIAR EXCESS LIAB X OCCUR CLAIMS-MADE TH1600053 10/01/2016 10/01/2017 EACH OCCURRENCE 15,000,000 AGGREGATE $5,000,000 DED1 'RETENTION E3 WORKERS COMPENSATION AN D EMPLOYERS' LIABILITY ANY PROPRIETOR (PARTNER / EXECUTIVE OFFICFR/mEMEITH EXCLUDED? (Mandatory in NH) (yes. describe under DESCRIPTION OF OPERATIONS below YIN ,, " j N I A wC014629374 WC014629378 wC014629379 WC014629380 10/01/2016 10/01/2016 10/01/2016 10/01/2016 10/01/2017 10/01/2017 10/01/2017 10/01/2017 x PER 1 10TH- STATUTE IER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYEE $1,000,000 E.L. DISEASE-POLICY LIMIT 51,000,000 D Professional Liability and Contractor's Pollution Liability 028182375 10/01/2015 10/01/2017 Each Claim Aggregate $5,000,000 55,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS (VEHICLES (ACORD 01, Additional Remarks Schedule, may be atlached it more space is required) Includes Slap Cap OH, ND, WA, WY APPROVED ASS° FORM A , k • ej - - - - - — - -, By: / <4. 7 L— 4-471",-.A . .-• P—co " CERTIFICATE HOLDER CITY ATTORNEY CANCELLATION ‘...J.i r Or FluNTINGTON BPACWHOULD Evidence of Insurance ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE aiTt gkie-512Z4taaNze e9e21.44100 Wd;R—gla C11988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD HB -235-Item 9. - 121 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND EEC ENVIRONMENTAL FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and EEC Environmental, a California Commotion hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT," CONSULTANT hereby designates Jeff Hensel who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 1 CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5486/145774.doc HB -236-Item 9. - 122 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"), This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date, The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein, 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Seventy-Five Thousand Dollars ($375,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5486/145774,doc HB -237-Item 9. - 123 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT' s professional liability in an amount not less than One Million Dollars 3 of 10 16-5486/145774.doc HB -238-Item 9. - 124 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or rep! acements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims, CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails Or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY, 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5486/145774.doe HB -239-Item 9. - 125 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder, 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-54861145774.doc HB -240-Item 9. - 126 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13, ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PM ENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16, NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 I6-5486/145774.doc HB -241-Item 9. - 127 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Mend/Kevin Justen 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: EEC Environmental Att: Jeff Hensel 1 City Boulevard, Suite 1800 Orange, CA 92868 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20 : INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 16-5486/145774 .doe HB -242-Item 9. - 128 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law, 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23, LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5486/145774 sloe HB -243-Item 9. - 129 CITY; and CITY shall not be liable for payment of any legal services expenses inclined by , CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28, ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5486/145774.doc HB -244-Item 9. - 130 print nam e ITS (circle one) Chairmakf/Presid ice President Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of EEC ENVIRONMENTAL California AND By: /140, mark 3-.A-c) print name ITS: (circle one) Secretary/ ief Financial Officer/ sst. Secretary - Treasurer REVIEWED AND APPROVED: Mayor - City Clerk City Manager APPROVED AS TO FORM: City Attorney kkakv. 10 of 10 16-5486/145774.doc HB -245-Item 9. - 131 REVIEWED AND APPROVED: Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council, This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of EEC ENVIRONMENTAL California Mayor City Clerk print name ITS: (circle one) ChairmandeVice President AND By: /AZ' narg- print name ITS: (circle one) Secretar hief Financial cer/Asst. Secretary - Treasurer City Manager 10 of 10 16-5486/1 45774 .doe HB -246-Item 9. - 132 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT Shall provide consulting services on an "as-needed" basis for general environmental engineering, water quality, landfill and gas anomaly, and hazardous waste/material projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as detailed below: General Environmental Engineering • Prepare, assist, and review Preliminary Environmental Studies; • Review of project plans and specifications; • Perform field investigations; • Provide site assessment an preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform general environmental engineering services on an "as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the HB -247-Item 9. - 133 Monitoring and Inspections • Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; Prepare documentations that comply with applicable regulatory agency requirements for permitting; Review 3rd party repoits and studies, and provide City staff with comments and recommendations. Grant Applications • Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits i • Assist n obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, and analyze bids. Construction Stage • Attend pre-construction conference. HB -248-Item 9. - 134 • Monitor construction schedule, visit construction sites as required for progress and quality of work evaluation. • Assist the engineer, contractor, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. • Prepare "as-built" drawings. Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Public Works Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Public Works Department: Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Perform inspections of food facilities under the Fats, Oils, & Grease (FOG) Control program; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable agencies; • Assist in preparing and/or reviewing urban runoff plans. Fire Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Fire Department: HB -249-Item 9. - 135 Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systerns; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. HB -250-Item 9. - 136 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: 13. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3, A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product; CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall; A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein, 1 Exhibit B HB -251-Item 9. - 137 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY. if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing peiformance of the remainder of this Agreement. 2 Exhibit B HB -252-Item 9. - 138 EXHIBIT "W' Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY he suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY ts satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -253-Item 9. - 139 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENVIRONMENTAL ENGINEERING & CONTRACTING INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents I Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -254-Item 9. - 140 EC ENVIRONMENTAL Section F - Fee Proposal HB -255-Item 9. - 141 EC ENVIRONMENTAL EEC will perform the proposed scope of work on a time-and-materials basis according to the fully loaded hourly fee schedule below. The proposed rates are valid for the full three year period of the contract. 201.6 Environmental Fee Schedule PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Hourly Rate Vehicles Usage Vehicles used on project assignments will be charged at $50 per day. Mileage is billed at the current rate established by the Internal Revenue Service ($0.54 per mile). Per Diem is billed at a unit cost of $50 per day. Staff Engineer/Geologist/Scientist (SP1) Sr Staff Engineer/Geologist/Scientist (SP2) Project Engineer/Geologist/Scientist - I (PP1) Project Engineer/Geologist/Scientist - II (PP2) Sr Project Engineer/Geologist/Scientist - I (PP3) Sr Project Engineer/Geologist/Scientist - II (PP4) Principal Engineer/Geologist/Scientist (P1) Environmental Compliance Specialist (SP1) Environmental Compliance Manager (PP1) Sr Environmental Compliance Manager (PP3) Project Assistant (AP1) Technician (T) Drafter (SP1) Technical Editor (SP1) Sr Technician (SP1) GIS Analyst (GP1) GIS, IT Supervisor (GP2) Construction Field Supervisor (CP1) Sr Construction Manager (CP2) (SPx) - staff professional; (PPx) - project professional; (Px) - principal; (APx) administrative professional; (T) - technician; (GPx) - graphics professional (CSx) - construction professional x - billing rate level $90 Field Equipment $100 Field Equipment is billed at standard unit costs. Rate schedules are available upon $120 request. $135 $150 Subcontractors and Reimbursable Expenses $170 The costs of subcontractors, materials, $200 equipment rental and costs incurred will be $90 charged at cost plus 10%. $120 $150 Other Proiect Charges $70 The cost of additional report reproduction and $75 special project accounting will be billed as $90 appropriate. Plotting plans are charged by $90 size, black and white or color, and by the $90 number of copies supplied. $95 $115 Shipping and Postage $95 Shipping charges Include couriers and the $125 postage necessary will be charged at cost plus markup. . Interest Charges Interest on late payments will be charged at the rate of 1,5% per month. Payment Terms Emergency response and client requested work during non- Net 30 days apply to all work performed and standard business hours will be charged at a rate of 1.25 invoiced unless superseded by a specific times the standard hourly rate. executed contract. When EEC Staff appear as expert witnesses at court trials, mediation, arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charged at the standard hourly rate, 23IPage HB -256-Item 9. - 142 FAX IAIC Na): 949-559-6703 ACOREIP CERTIFICATE OF LIABILITY INSURANCE DATE IMM/00/YYYY) 10/28/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Garrett/Mosier/Griffith/Sistrunk Risk Management & Insurance Services 12 Truman Irvine, CA 92620 www.gmgS.COM 0B84519 INSURED EEC Environmental dba Enviromental Engineering Contracting Inc., One City Boulevard West, Suite 1800 Orange CA 92868 CONTACT NAME: Ashley Brewster PHONE 999-559-3377 E-MAIL ADDRESS: ashleybaqmos.com INSURER F: INSURER(S) AFFORDING COVERAGE NA.ICtt INSURER A: Great Divide Insurance Company 25224 INSURER B: Peerless Insurance Company 24198 INSURER C INSURER 0: Naulilus Insurance Company 17370 INSURER E: COVERAGES CERTIFICATE NUMBER: 32610714 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MISR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMODNYTY) POLICY EXP (MMIDDNYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY GLP2006942-14 APPROVED AS TO FORM ._ By: 1.A. '-2/ 10/31/2016 /1 OA) 10/31/2017 EACH OCCURRENCE $ 5,000,000 1 CLAIMS-MADE Li I OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 5,000,000 GE IL AGGREGATE LIMIT APPLIES PER: ffr ICHAEL E. GATES CITY ATTORNEY CITY OF HIUNTINGTON BEACH GENERAL AGGREGATE $ 5,000,000 $ 6,000,000 POLICY V.. Fin LOC PRODUCTS-COMP/OP AGO OTHER. $ AU OMOBILE LIABILITY CBP8977390 10/31/2016 10/31/2017 KfirdEe Dnt ,SINGLE LIMIT $ 1,000,000 / , V ANY AUTO BODILY INJURY (Per person} $ OWNED AUTOS ONLY HIRED AUTOS ONLY , V SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) S PROPERTY DAMAGE (Per accident} $ S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS A WORKERS COMPENSATION WCA2008815-13 5/24/2016 5/24/2017 .,. PER STA TUTE A TUTE ER EMPLOYERS' LIABILITY ANYPROPRIETOR(PARTNER/EXECUTEVE OFFICE RIMEM BER EXCLUDED? (Mandatory In NH) Y / N N/ A EL EACH ACCIDENT $ 1,000,000 EL DISEASE. EA EMPLOYEE $ 1,000,000 If yes, desonbe under DESCRIPTION OF OPERATIONS below EL DISEASE - POLICY LIMIT $ 1,000,000 D Pollution Liability Professional Liability CCP2006941-14 10/31/2016 10/31/2017 Each Poll Occurrence $5,000,000 Each Prof Liab Claim $5,000,000 General Aggregate: $5,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) As respects General Liability coverage, The City of Huntington Beach is added as Additional Insured per ENV2154A0906 attached. CERTIFICATE HOLDER City of Huntington Beach 2000 Main Street Huntington Beach CA 92648 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Griff Griffith © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 32610714 1 16-17 G/A/UMB/POLL/B80/WC Aehley Brewster 1 10/28/2016 3:19.03 PM (PDT) 1 Page 1 ot 2 HB -257-Item 9. - 143 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GROUP DELTA CONSULTANTS, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Group Delta Consultants, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Glenn Burks who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the perfonnance of this Agreement. I of 10 16-5488/145779.doc HB -258-Item 9. - 144 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit 11W, which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Hundred Fifty Thousand Dollars ($150,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5488/145779.doc HB -259-Item 9. - 145 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3 of 10 16-5488/145779.doe HB -260-Item 9. - 146 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing perfonnance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5488/145779.doc HB -261-Item 9. - 147 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-5488/145779.doc HB -262-Item 9. - 148 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 16-5488/145779.doc HB -263-Item 9. - 149 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Mend/Kevin Justen 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Group Delta Consultants, Inc. AU: Glenn Burks 32 Mauchly, Suite B Irvine, CA 92618 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 16-5488/145779.doc HB -264-Item 9. - 150 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5488/145779.doc HB -265-Item 9. - 151 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5488/145779.doc HB -266-Item 9. - 152 B print name ITS: (circle one) Chairm ce President residen City Clerk REVIEWED AND APPROVED: APPROVED ASTAIFORIVI: Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof, 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers, CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GROUP DELTA CONSULTANTS, INC. California nt name ITS: (circle oneiSecretarylCh . f Financial Officer/Asst. Secretary - Treasit er Mayor City Manager 10 of 10 16-548811457794oc HB -267-Item 9. - 153 c,D print name ITS: (circle one) Chairm ice President lint name ITS: (circle on f) Secretary/COef Financial Officer/Asst. Secretary - Treauer Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of GROUP DELTA CONSULTANTS, INC. California Mayor City Clerk REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: City Attorney L:',,a) cottt,\\(,. 10 of 10 16-54881145779.doc HB -268-Item 9. - 154 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be perfouned) CONSULTANT Shall provide consulting services on an "as-needed" basis for general environmental engineering, water quality, landfill and gas anomaly, and hazardous waste/material projects to be deterinined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT'S duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as detailed below: General Environmental Engineering • Prepare, assist, and review Preliminary Environmental Studies; • Review of project plans and specifications; • Perform field investigations; • Provide site assessment an preliminary studies; • Prepare and review engineering analysis reports; • Prepare and review technical and research studies; • Process and review Grant and Federal Funding Applications; • Assist in the development of City specifications and local fire code amendments; • Provide training to City staff on various environmental review processes. In general, the consultant shall perform general environmental engineering services on an "as- needed" basis for various projects assigned by the City. The scope of work for any one project may involve all phases of project development and may include but not be limited to the following: HB -269-Item 9. - 155 Monitoring and Inspections • Perform maintenance, monitoring and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies; • Provide testing and sampling of various constituents and media. Studies and Reports • Prepare reports and studies that utilize sound practical environmental engineering analysis and principles; • Prepare documentations that comply with applicable regulatory agency requirements for permitting; • Review 3rd party reports and studies, and provide City staff with comments and recommendations. Grant Applications • Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. Preliminary Engineering • Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative; • Prepare preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents • Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits • Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage • Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, prepare addenda, and analyze bids. Construction Stage • Attend pre-construction conference. HB -270-Item 9. - 156 • Monitor construction schedule, visit construction sites as required for progress and quality of work evaluation. • Assist the engineer, contractor, construction manager/contractor administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittal, and the review and negotiation of change orders. • Prepare "as-built" drawings. Special Requirement: Due to the fact that some of the City projects will be funded by Federal and/or State grants, the selected consulting firm must comply with various requirements including all applicable prevailing wage laws. Public Works Department Scope of Work: In addition to the scope of work under general environmental engineering services, the CONSULTANT shall provide the following services for the Public Works Department: Water Quality • Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems; • Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations; • Perform inspections of food facilities under the Fats, Oils, & Grease (FOG) Control program; • Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable agencies; • Assist in preparing and/or reviewing urban runoff plans. Fire Department Scope of Work: In addition to the scope of work under general environrnental engineering services, the CONSULTANT shall provide the following services for the Fire Department:, HB -271-Item 9. - 157 Landfill & Gas Anomaly • Prepare and review methane gas mitigation plans; • Provide and review routine methane gas monitoring; • Provide maintenance and inspection of active gas collection systems; • Investigate, review and provide mitigation plans for naturally occurring gas anomaly/odor control, and/or design of a passive/active gas collection systenis; • Review oil well abandonment documents; • Prepare and review Post Closure Maintenance Plans. Hazardous Waste/Material • Provide contaminated site evaluation; • Provide and review mitigation plan for waste handling disposal; • Investigate, review, design, and provide operation and maintenance of hazardous waste/materials management and soil remediation; • Process, coordinate, and obtain various regulatory permits for removal and disposal of hazardous waste/materials; • Perform, review, and prepare Phase I (Initial Site Assessment) or Phase II Reports; • Perform, review, and prepare Phase III (remedial action plans) Reports. HB -272-Item 9. - 158 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -273-Item 9. - 159 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -274-Item 9. - 160 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -275-Item 9. - 161 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GROUP DELTA CONSULTANTS, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents 1 Scope of Services.... 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -276-Item 9. - 162 Mr!!! FEE SCHEDULE TO PROVIDE AS-NEEDED ENVIRONMENTAL ENGINEERING: HAZARDOUS WASTE/MATERIAL CITY OF HUNTINGTON BEACH Public Works and Fire Departments Public Works Department 2000 Main Street Huntington Beach, CA 92648 -.• 4r 4.4 "4:.rf? , - "44n% liftre".44444.....44e4=1.=: milft.fternr.I.Ira`c•a7L, NA .2171P c •ESTrir 7r1Z:' *AM: 32 Mauchly, Suite B - Irvine, CA 92618 - (949) 450-2100 HB -277-Item 9. - 163 GROUP DELTA GROUP DELTA CONSULTANTS, INC. FEE SCHEDULE Our rates will be valid for the full three year period. HOURLY CHARGES FOR PERSONNEL (Engineer/Geologist/Scientist) SENIOR PRINCIPAL $ 295 PRINCIPAL $225 ASSOCIATE $195 SENIOR $175 PROJECT $155 STAFF $135 DESIGNER / ILLUSTRATOR / AUTOCAD $95 TECHNICAL/ PROJECT SUPPORT / Admin $75 TESTING & INSPECTION SERVICES PROJECT MANAGER $165 QUALITY CONTROL MANAGER $145 LABORATORY MANAGER $135 TECHNICIAN / INSPECTOR - PREVAILING WAGE $100 TECHNICIAN / INSPECTOR — NON-PREVALING WAGE $80 CHARGES FOR EQUIPMENT VEHICLE: FIELD VEHICLE MILEAGE (PER CURRENT IRS RATES) NUCLEAR DENSITY GAUGE OTHER CHARGES Outside services will be charged at cost plus 15 percent. $ 8.00/hour $ 0.54/mile $ 8.00/hour Technician and support personnel time for work over eight (8) hours per day will be charged at 1.5 times the regular rates. Holidays and weekends hours (all hours) will be charged 2.0 times the regular rates. • Page 1 of 4 HB -278-Item 9. - 164 LITIGATION FEES Fees for participation In deposition, arbitration, trial, etc., will be charged at an hourly rate of $400 per hour, 4-hour minimum, portal to portal. TERMS & CONDITIONS RECOGNITION OF RISK Client recognizes that the interpretations and recommendations of Group Delta Consultants, Inc. (GDC) are based solely on the information available to GDC, Client further recognizes that surface and subsurface conditions can vary from those encountered at the times and locations where dat-a are obtained by GDC, and that the limitation on available data results in some level of uncertainty with respect to the interpretation of these conditions despite the use of due professional care. GDC will not be responsible for the effect on any opinion rendered hereunder of unknowns such as acts of others on adjacent properties, variables of nature including but not limited to earthquakes, masking of rocks by heavy ground cover or the works of man, acts of God or other variables beyond the control of GDC. GDC shall write reports so as to meet the administrative requirements of local governmental agencies; however, as the decisions of such agencies are discretionary, GDC does not guarantee the approval of its reports or of Client's project by any governmental agency. PROFESSIONAL RESPONSIBILITY GDC represents that the services shall be performed, within the limits prescribed by Client, in a manner consistent with that level of care and skill ordinarily exercised by other professional consultants under similar circumstances. No other representations to Client, express or implied, and no warranty or guarantee Is included or intended in this Agreement, or in any report, opinion, document or otherwise. INDEMNIFICATION Client agrees to indemnify, hold harmless and defend GDC from and against any and all loss, expenses, including attorney's fees, injury, damage, to property or person, liability, costs and/or claims arising out of the services performed by GDC and/or work performed by client and/or other parties upon the real property described herein above, regardless of the negligence of GDC, its agents, employees, officers, directors or shareholders, except where such loss, injury, damage, liability, cost, expenses or claims are the result of the sole negligence or willful misconduct of GDC, its agents, employees, officers, directors or shareholders; provided, however, that any such liability resulting from any design defects (as defined in California Civil Code Section 2782.5) shall be the sole responsibility of the client. LIMITATION or LIABILITY In the event the indemnification clause contained herein Is found to be void, unenforceable, against public policy or otherwise inapplicable to claims advanced against GDC by Client or others, the liability for damages due to the professional negligence of GDC shall be limited to an amount not to exceed $50,000 or the fee of GDC, whichever sum is more. A. MRCIUF DELTA Page I 2 of 4 HB -279-Item 9. - 165 For any damage caused by negligence other than professional negligence, GDC's liability, including that of Its employees, agents and subcontractors, in the aggregate under this Agreement, shall not exceed the limits of GDC's comprehensive general and automobile liability insurance coverage. In no event shall either GDC or Client be liable for consequential damages, Including, without limitation, loss of use, loss of profits or the additional costs of completing the development of the property described herein above due to delays, incurred by one another or their respective subsidiaries or successors, regardless of whether such claim is based upon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non-professional, of either of them or their agents, employees, subcontractors, officers, directors or shareholders. METHOD OF CHARGING AND PAYMENT CONDITIONS GDC will submit the invoices to Client as stated in the proposal or periodically and a final invoice will be submitted upon completion of our services. All retainers are held for credit to the final invoice. Payment is due upon presentation of invoice and is past due thirty (30) days from invoice date. Client agrees to pay a finance charge of one and one-half percent (1-1/2%) per month, or the maximum rate allowed by law, on past due accounts. Payments shall first be applied to accrued Interest and to the principal unpaid amount. Client specifically agrees further to pay all expenses and costs, Including but not limited to GDC's staff time at GDC's current Schedule of Fees, attorneys' fees, and court and other costs associated with collection of past due accounts. If any invoice for work performed by GDC is outstanding and unpaid for a period in excess of 90 (ninety) days, the Client agrees that, in addition to any other remedy which may be available to it, GDC may stop work, withhold reports/plans, and submit such invoice to binding . arbitration under the Commercial Arbitration Rules of the American Arbitration Association, as the same may be in effect at the date of such submission, and that judgment upon the award rendered in such arbitration may be entered in any court having jurisdiction thereof. ESTIMATED CHARGES AND PAYMENT CONDITIONS GDC charges are only estimated and shall not be regarded as "lump sum" or "fixed price'' or "guaranteed maximum" compensation unless it is expressly so stated In writing. ESTIMATED TIME SCHEDULE Because of the uncertainties inherent in the services contemplated hereunder, time schedules are only estimated schedules which are subject to revision unless specifically described as otherwise herein. RIGHT OF ENTRY The Client will provide for right of entry for GDC personnel, and for any other personnel and all equipment necessary in order to complete the work. While GDC will take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. The client agrees to indemnify and hold GDC harmless from any liability for any damage so caused by the performance of such work, unless caused by the gross negligence or willful misconduct of GDC or its personnel. SUBTERRANEAN STRUCTURES OR UTILITIES Client shall indemnify and hold GDC harmless for damage or injury arising from damage to subterranean structures or utilities (pipes, tanks, telephone cables, etc.) that are not called to the attention of GDC or are not correctly shown on the plans furnished to GDC, in connection with work performed by GDC. BRCJUP DELTA Page 13 of 4 HB -280-Item 9. - 166 CONSTRUCTION PROCEDURES GDC shall not specify construction procedures, manage or supervise construction, or implement or be responsible for health and safety procedures; shall not be responsible for the acts or omissions of contractors or other parties on the project; and shall not have control or charge of and shall not be responsible for construction, means, methods, techniques, sequences or procedures, or for safety pre- cautions and programs. GDC testing or inspection of portions of the work of other parties on project shall not relieve such other parties from their responsibility for performing their work in accordance with applicable plans and specifications. SAMPLES GDC will retain all soil and rock samples for thirty (30) days following exploration. Further storage or transfer of samples can be made at an agreed expense upon Client's written request. HAZARDOUS SUBSTANCES Unless specifically included in the "Scope of Services," this Agreement does not include any services (including detection or Identification) relative to any substances which might be considered hazardous by an applicable regulations. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data and notes, laboratory test data, calculations, estimates and other documents prepared by GDC, as instruments of service, shall remain the property of GDC. Client agrees that all reports and other work furnished to the Client or its agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. NO THIRD PARTY RIGHTS This Agreement shall not create any rights or benefits to parties other than Client and GDC. TIME BAR TO LEGAL ACTION All legal actions by either party against the other for breach of this Agreement, or for failure to -perform in accordance with the applicable standard of care, however denominated, that are essentially based on such breach or failure, shall be barred in two (2) years from the time claimant knew or should have known of its claim, but, in any event, not later than four (4) years from the substantial completion of GDC's services. DISPUTES In the event that a dispute arises relating to the performance of the services to be provided under this Agreement, and should that dispute result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs Incurred in connection with such dispute, including GDC's staff time at GDC's Schedule of Fees In effect at the time of such dispute, court costs, attorneys' fees and all other claim related expenses. GROUF' DELTA Page I 4 of 4 HB -281-Item 9. - 167 GROUDEL-01 LYNNA — r4C-CPR'b CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 2/1/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0E67768 10A Insurance Services 4370 La Jolla Village Drive Suite 600 San Diego, CA 92122 FatipcT All Sm ith PHONE [: (61 9) 788-579 5 50206 I FAX WC, No, Est) I (AIC T No): E-MAIL ADDRESS; Ali.Sm ith@ioausa.com INSURER(S) AFFORDING COVERAGE NAIC I INSURERA :Starr Surplus Lines Insurance Corn pony 13604 INSURED Group Delta Consultants, Inc. 32 Mauchly, Suite B Irvine, CA 92618 INSURER B : RU Insurance Company 13056 INSURER C :Lexington Insurance Company 19437 INSURER D : INSURER E : INSURER F: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED anal/ HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTAN DING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO W-IICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADOL INSD sUBR WVD POLICY NUMBER POLICY EFF B/IMIDDIYYYY1 pOL ICY EXP 1MM1DD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 100006609APP (OVED AS TO FO 01141h 2/94/2017 M -‘-----'-21/14-- BEACH 02/04/2018 0 ) 9 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 CLAIMS-MADE X OCCU MED EXP (Any one person) 5,000 $ X X-C-u PERSONAL & ADV INJURY $ 1,000,000 x Contractual Liab. GENERAL AGGREGATE_ 2,000,000 $ GEN'L AGGREGATE POLICY OTHER- LIMIT APPLIES X PEI, PER: LOC .1„..—MICHAEL E, GATES CITY ATTORNEY CITY OP HUNTINGTON pRooucTs - COMP/OP AGG $ 2,000,000 POLLUTION LIABI $ 1,000,000 B X x AUTOMOBILE LIABILITY ANY AUTO MANED AUTOS ONLY FAMDS ONLY Comp. $500 x SCHEDULED AUTOS AlCkni \IS Col $500 X PSA0001394 02/04/2017 02/04/2018 COMEINED SINGLE LIMIT (Ea accident) 1,000,000 $ BODILY INJURY per parson) $ BODILY INJURY Per accident) $ PROPERTY DAMAGE (Per acindent) $ $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE 1000336834171 02/04/2017 02/04/2018 EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 DED 1 RETENT ON $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORPARTNER/EXECLITIVE OFFICER/MEMBER- EXCLUDIEFP (mandatoly lh NH) lives. Eoscobe under DESORPTION OF OPERATIONS below YIN N /A PSW0001750 02/04/2017 02104/2018 X PER STATUTE 0TH- ER E LEACH ACCIDENT 1,000,000 $ EL. DISEASE - EA EMPLOYEE 1,000,000 $ EL. DISEASE - POLICY Limn- $ 1,000,000 C C Prof Liab/Clms Made Ded.:$10k Per Claim 035713711 035713711 02/04/2017 02/04/2017 02/0412018 02/04/2018 Per Claim Aggregate 3,000,000 5,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached limo e space Is required) Re: 1-405 Improvement Project The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are Additional Insureds with respect to General and Auto Liability per the attached endorsements as required by written contract. Insurance is Primary and Non-Contributory. 30 Days Notice of Cancellation with 10 Days Notice for Non-Payment of Premium in accordance with the policy provisions. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Huntington Beach 2000 Main Street IHuntinoton Beach, CA 92648 --r.' JAadzicL ACORID 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -282-Item 9. - 168 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUITT-ZOLLARS, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Huitt-Zollars, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Marc Haslinger who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5487/145777.doc HB -283-Item 9. - 169 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Twenty-Five Thousand Dollars ($325,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5487/145777.doc HB -284-Item 9. - 170 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars 3 of 10 16-5487/145777.doc HB -285-Item 9. - 171 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5487/145777.doc HB -286-Item 9. - 172 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-5487/I45777.doc HB -287-Item 9. - 173 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 16-5487/145777.doc HB -288-Item 9. - 174 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Mend/Kevin Justen 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Huitt-Zollars AU: Marc Haslinger 2603 Main Street Irvine, CA 92614 17. CON SENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 I6-5487/145777.doc HB -289-Item 9. - 175 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5487/145777.doc HB -290-Item 9. - 176 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5487/145777.doc HB -291-Item 9. - 177 fi45c/A-rre print name ITS: (eircleAne) Chairman/Preside Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of HUITT-ZOLLARS, INC, California ITS: (circle one) Secreta Chief Financial Offie)Asst. Secretary - Treasurer Mayor City Clerk INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager By: (2f)4/61 ivo4u--- print natne APPROVED AS TO FORM: COUNTERPART City Attorney (kip (On \\(r. 10 of 10 16-5487/145777.doc HB -292-Item 9. - 178 APPROVED AS lerFORM: ity AttoTney MC- (.0MS1V0. Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of HUITT-ZOLLARS, INC. California Mayor By: City Clerk print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer COUNTERPAKI INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager 10 of 10 16-5487/145777.doc HB -293-Item 9. - 179 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as-needed" basis for general engineering, landfill and gas, hazardous waste material and water quality projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as shown in Exhibit A.1. Detailed services shall include but is not limited to the follwing scope of work shown in Exhibit A.2. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A HB -294-Item 9. - 180 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -295-Item 9. - 181 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -296-Item 9. - 182 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -297-Item 9. - 183 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND HUITT-ZOLLAR, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 7 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -298-Item 9. - 184 City of Huntington Beach 2016 HOURLY RATE SHEET $ 235.00 $ 235.00 $ 210.00 $ 180.00 $ 205.00 $ 200.00 $ 180.00 $ 185.00 $ 150.00 $ 165.00 $ 165.00 $ 165.00 $ 165.00 $ 115.00 $ 120.00 $ 180.00 $ 140.00 $ 125.00 $ 100.00 Engineering/Architecture Principal-In-Charge QA Manager Sr, Project Manager Project Manager Sr. Civil Engineer Sr. Structural Engineer Sr. Mechanical Engineer Sr. Electrical Engineer Civil Engineer Structural Engineer Mechanical Engineer Electrical Engineer Plumbing Engineer Engineer Intern Landscape Architect Sr. Designer Designer Sr. CADD Technician CADD Technician Administrative Sr. Project Support Project Support Survey Survey Manager Sr. Project Surveyor Project Surveyor Survey Technician Survey Crews 1-Person Survey Crew 2-Person Survey Crew 3-Person Survey Crew Construction Inspector Construction Manager Resident Engineer Sr. Project Representative Resident Project Representative Reimbursable Expenses Consultants Cost + 10% Other Direct Costs Cost + 10% Mileage IRS Standard Business Mileage Rate $ 100.00 $ 65.00 $ 195.00 $ 170.00 $ 140.00 $ 110.00 $ 160.00 $ 225.00 $ 295.00 $ 210.00 $ 175.00 $ 160.00 $ 120.00 $ 95.00 HB -299-Item 9. - 185 )10( CONSUI.TING JOK Fee ScheduVe HOURLY RATE SCHEDULE Office Personnel Qualified SWPPP Developer Qualified SWPPP Practitioner Vehicle mileage _MCP, 90.00 90.00 IRS approved rate HB -300-Item 9. - 186 CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD1YYYY) 01/18/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: lithe certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER McLaughlin Brunson Insurance Agency, LLP 12801 North Central Expressway Suite 1710 Dallas TX 75243 INSURED Huitt-Zollars, Inc. 1717 McKinney Avenue Suite 1400 Dallas TX 75202 CONTACT NAME: PHONE (A/C. No. EMI: E-MAIL ADDRESS: INSURER F: Joe A Bryant (214) 503-1212 FAX IA/C, No): (214) 503 -8899 INSURER(S) AFFORDING COVERAGE NAIC INSURER A : Berkley Insurance Company 32603 INSURER B: INSURER C: INSURER D: INSURER E COVERAGES CERTIFICATE NUMBER: Cert ID 34367 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE -AWOL INSR SUBR INVD POLICY NUMBER POLICY EFF (MM/DD(YYYY) POLICY E)--1-57- IMM/DDIVYYY) LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY APPROVED AS TO FO RM _ I EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ CLAIMS-MADE I I OCCUR PERSONAL & AM/ INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGO $ GENT AGGREGATE 7 POLICY LIMIT APPLIES PER: PRO- ri JECT LOC $ AUTOMOBILE LIABILITY e/ ' - - - Byt .J. 1 .2,‘? COMBINED SINGLE LIMIT {Ea accident) $ BODILY INJURY (Per person) $ ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS E,,./. MICHAEL E. GATES CITY AttORNEY CITY OF HUNTINGTON B CH BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB , OCCUR CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE $ $ DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N / A WC STATU- TORY LIMITS 0TH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ Professional Liability Y AEC -9013125 -01 01/23/2017 01/23/2018 Per Claim/ $ 1,000,000 Annual Aggregate $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) The claims made professional liability coverage is the total aggregate limit for all claims presented within the annual policy period and is subject to a deductible. Thirty (30) day notice of cancellation is in favor of the certificate holder. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Master Certificate AUTHORIZED REPRESENTATIVE 4 © 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Page 1 of 1 HB -301-Item 9. - 187 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and Pacific Advanced Civil Engineering, Inc., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide As-Needed Environmental Engineering Services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Bruce M. Phillips who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 1 of 10 16-5490/145783.doc HB -302-Item 9. - 188 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Three Hundred Twenty-Five Thousand Dollars ($325,000). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 2 of 10 16-5490/145783.doc HB -303-Item 9. - 189 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT' s professional liability in an amount not less than One Million Dollars 3 of 10 16-5490/145783.doc HB -304-Item 9. - 190 ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 4 of 10 16-5490/145783.doc HB -305-Item 9. - 191 A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 5 of 10 16-5490/145781doc HB -306-Item 9. - 192 be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or 6 of 10 16-5490/145783.doc HB -307-Item 9. - 193 other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Jim Merid/Kevin Justen 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Pacific Advanced Civil Engineering AU: Bruce M. Phillips 17520 Newhope Street, Suite 200 Fountain Valley, CA 92708 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 7 of 10 16-5490/145783.doc HB -308-Item 9. - 194 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 8 of 10 16-5490/145783.doc HB -309-Item 9. - 195 CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 9 of 10 16-5490/145783.doc HB -310-Item 9. - 196 By: ITS: (circle on Secretary - Treasurer hief Financial Officer/Asst. Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PACIFIC ADVANCED CIVIL California ENGINEERING , INC. Mayor By: &toe, M. Phiq print name ITS: (circle one) Chainnan/PresidenQe Preside-L.-it-) AND City Clerk INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: COUNTERPART City Attorney ror_ I',AtW 10 of 10 16-5490/145783.doc HB -311-Item 9. - 197 INITIATED AND APPROVED: COUNTERPART Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of PACIFIC ADVANCED CIVIL California ENGINEERING, INC. Mayor By: City Clerk print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer REVIEWED AND APPROVED: City Manager 10 of 10 16-5490/145783.doc HB -312-Item 9. - 198 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) CONSULTANT shall provide consulting services on an "as-needed" basis for general engineering, landfill and gas, hazardous waste material and water quality projects to be determined during the term of this agreement. During the term of this agreement, the CITY may elect to solicit proposals from CONSULTANT. The CITY shall issue task orders for each project based upon the scope of services, work schedule, and fee proposal submitted to the CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall follow provisions specified in the City of Huntington Beach's As-Needed Environmental Engineering Services Scope of Work as shown in Exhibit A.1. Detailed services shall include but is not limited to the follwing scope of work shown in Exhibit A.2. Upon award and during the contract period, if CONSULTANT chooses to assign different personnel to the project, CONSULTANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish scope of work request for each project assigned. 2. Furnish available record drawings and specifications to the CONSULTANT. D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed for each project assigned by CITY. EXHIBIT A HB -313-Item 9. - 199 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: B. Travel Charges for time during travel are not reimbursable. C. Billing 1. MI billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 1 Exhibit B HB -314-Item 9. - 200 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B HB -315-Item 9. - 201 EXHIBIT "B" Payment Schedule (Fixed Fee Payment) I. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B HB -316-Item 9. - 202 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC ADVANCED CIVIL ENGINEERING, INC. FOR AS-NEEDED ENVIRONMENTAL ENGINEERING SERVICES Table of Contents 1 Scope of Services 1 2 City Staff Assistance 2 3 Term; Time of Performance 2 4 Compensation 2 5 Extra Work 2 6 Method of Payment 3 7 Disposition of Plans, Estimates and Other Documents 3 8 Hold Harmless 3 9 Professional Liability Insurance 4 10 Certificate of Insurance 5 11 Independent Contractor 6 12 Termination of Agreement 6 13 Assignment and Delegation 6 14 Copyrights/Patents 7 15 City Employees and Officials 7 16 Notices 3 17 Consent 8 18 Modification 8 19 Section Headings 8 20 Interpretation of this Agreement 8 21 Duplicate Original 9 22 Immigration 9 23 Legal Services Subcontracting Prohibited 9 24 Attorney's Fees 10 25 Survival 10 26 Governing Law 10 27 Signatories 10 28 Entirety 10 29 Effective Date 11 HB -317-Item 9. - 203 PACE Advanced Water Engineering 2016 HOURLY LABOR RATES Principal $240 Sr. Project Manager / Sr. Consulting Engineer $195 Sr. Electrical Engineer! Sr. GIS Analyst $195 Project Manager / Consulting Engineer / Sr. Hydrologist $180 Sr. Project Engineer / Sr. Design Engineer $156 Project Engineer / Design Engineer II $136 Instrumentation & Controls Specialist $140 Sr. CAD Designer $120 Design Engineer $120 Graphic Designer $95 CAD Designer! GIS Analyst $95 Project Coordinator / Administrative Support $80 Assistant Designer $75 G.P.S. Survey Unit (w/ Operator) $240 Expert Witness / Legal Consultation $350 + Exp. KOA CONSULTING RATES Support Staff/Administrative Staff $64 CAD Technician $120 Design Engineer $136 Environmental Planner $182 Project Engineer $182 Project Manager $218 REIMBURSABLE EXPENSE RATES* Units Cost Travel Mileage (Per Mile) Mile $0.54 Airfare, Auto Rental, Hotel At Cost Misc. Travel (Parking, tax, tolls, meals, etc.) At Cost Per Diem (Contract Rate) DAY Contract Rate Outside Reproduction At Cost Shi , , in i FedEx UPS Courier etc. At Cost Misc. Revie Fees S.ecific Char! es At Cost Reproduction (In-House) Sheet Bond - B/W Prints and Copies — All sizes SF $0.16 (8 1/2 xli to 12 x18) Sheet - Color Prints and Copies — All sizes SF $1.20 Sheet - Glossy Color Print/Photo — All sizes SF $2.60 Roll - Plots and Copies (Roll Paper) - Bond (BNV) SF $0.88 - Bond (Color) SF $1.56 Roll - Vellum or Mylar Plots SF $2.60 Roll - Glossy Color Plot Exhibits (Roll Paper) SF $3.12 Report 3-Ring Binders < 1.5" EA $10.40 1.5" to 3" EA $15.60 > 3" EA $26.00 Coil or GBC Punch Binding EA S1.04 *Note: All reimbursable expenses will be invoiced at the above rates + 10% HB -318-Item 9. - 204 AUTHORIZED REPRESENTATIVE ---- / 0 ACCIPR El CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. License #0726293 18201 Von Karman Ave Suite 200 Irvine CA 92612 CONTACT NAME: Arthur J. Gallagher & Co. 949-349-9962 PHONE 949-349-9800 FAX mi.c_ma,_Exo: (NC, Koh Rim s , occertificaterequest@ajg.com INSURERIS) AFFORDING COVERAGE NAIC # INSURER A : Berkshire Hathaway Homestate Insura 20044 12537 27154 INSURED PACIAQU-02 Pacific Advanced Civil Engineering Inc 17520 Newhope St. Fountain Valley CA 92708 , INSURER B : United Specialty Insurance Company INSURER C :Atlantic Specialty Insurance Compan INSURER D :Navigators Specialty Insurance Comp 36056 INSURER E :Arch Specialty Insurance Company 21199 INSURER F : COVERAGES CERTIFICATE NUMBER: 176759424 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE AUDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDNYYYI POLICY EXP (MM/DOTYYYY) LIMITS B x COMMERCIAL GENERAL LIABILITY Y BT01618317 ATOVE AS TO FORM LA By: 4,3 4/30/2016 2..../ A. 413012017 EACH OCCURRENCE $1,000,000 CLAIMS-MADE I X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $50,000 MED EXP (Any one person) $5,000 PERSONAL & ADV INJURY $1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 _ POLICY I_ x_I Fjpei Li LOC OTHER: 4.-'-- MICHAEL E. GAT S CITY ATTORNEY CITY OF HUNTINGTON BEACH PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY 7100322160004 4/30/2016 4/30/2017 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 X X ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON-OWNED AUTOS BODILY INJURY (Per accident) $ 1,1 .7)-p-erk--1y DAMAGE (Per accident) $ $ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE LA16EXC753437IC 4/30/2016 4/30/2017 EACH OCCURRENCE 51,000.000 AGGREGATE $1,000,000 DED I RETENTIONS $ A WORKERS COMPENSATION EMPLOYERS' LIABILITY ANE' N IA y PAWC705905 3/2/2016 3/2/2017 1 P5R I STATUTE ()TH- ER ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) YIN E.L. EACH ACCIDENT 61,000,000 EL DISEASE - EA EMPLOYEE $1,000,000 P yes, describe under DESCRIPTION OF OPERATIONS below Et DISEASE - POLICY LIMIT $1,000,000 E PROF & POLLUTION LIAB RETRO DATE: 1/01/1995 CPP0055298-03 4/30/2016 4/30/2017 Each Claim $3,000,000 Aggregate $6,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requI ed) Certificate holder is included as additional insured/primary non-contributory on the general liability, per the attached forms CG20100413, CG20370704 and USICVEN104021107. Waiver of subrogation applies to the certificate holder on the workers compensation policy, per the attached forms WC990410B914 (State of CA), WC000313484 (State of AZ). *General Liability Per Project Aggregate: Capped at $5,000,000 General Aggregate Limit.* RE: Work/services performed by the named insured with respects to street drainage water treatment system and design and, water quality improvement for The City of Huntington Beach existing portable water wells. See Attached... CERTIFICATE HOLDER City of Huntington Beach Attn: Lee Duncan 2000 Main St. Huntington Beach CA 92648 USA CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD HB -319-Item 9. - 205 AGENCY CUSTOMER ID: PACIAQU -02 LOC #: ACCP REP ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY Arthur J. Gallagher & Co. NAMED INSURED Pacific Advanced Civil Engineering Inc 17520 Newhope St. Fountain Valley, CA 92708 POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE; ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER - 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Certificate holder(s) Continued: The City of Huntington Beach, its officers, elected or apponted officials, employees, agents and volunteers are named additional insured. ACORD 101 (2008/01) 0 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -320-Item 9. - 206 Dept. ID FD17 002 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The attached reimbursement agreement with DCO Pacific City, LLC for Fire and Safety Inspection Services at The Residences at Pacific City Project was requested by the developer to provide expedited processing of the Project and is submitted for City Council approval. An allocation of $70,000 is requested, which is cost-neutral since expenditures for these services will be reimbursed by DCO Pacific City, LLC. Financial Impact: The recommended action is cost-neutral since the expenditures for fire inspection services for The Residences at Pacific City are fully reimbursable by the developer, DCO Pacific City, LLC. Funding will be allocated on an incremental basis as needed and revenue will accrue to the Fire and Safety Inspection Services account (10000100.48410, subledger 10065201). The recommended action will also increase the Fire Department’s professional services listing authority by a commensurate amount to ensure compliance with Administrative Regulation No. 228. Recommended Action: A) Approve and authorize the Mayor and the City Clerk to execute the “Reimbursement Agreement Between the City of Huntington Beach and DCO Pacific City, LLC for Costs Incurred for Fire and Safety Inspection Services;” and, B) Approve an appropriation of $70,000 to the Fire Prevention business unit (10065201.69365) for these services. Alternative Action(s): Do not approve the agreement or appropriate the funding and direct staff accordingly. Analysis: DCO Pacific City, LLC is in construction for The Residences at Pacific City Project with approximately 500 residential units, located in the Pacific City Project area. In order to expedite the project, the developer has requested that the Fire Department commit sufficient resources to provide fire and safety inspection services. These include a part-time contract fire inspector assigned to the project for approximately 15 hours per week over the next 12 months. To provide these services, it will be necessary for the City to hire a contract fire inspector. City fire inspectors CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of a Reimbursement Agreement with DCO Pacific City, LLC for Fire and Safety Inspection Services at The Residences at Pacific City Project and authorize appropriation of funds in the amount of $70,000 HB -321-Item 10. - 1 Dept. ID FD17 002 Page 2 of 2 Meeting Date: 2/6/2017 are not readily available due to greatly increased development activity. To pay for the services, the City and DCO Pacific City will enter into a reimbursement agreement in the amount of $70,000. Bureau Veritas North America, Inc. and Jensen and Hughes, Inc. currently provide contract inspection services for the City, including the type of fire inspection services required for The Residences at Pacific City Project. One of these firms would be utilized for this project and are very well respected in the industry. City staff recommends that the City Council approve the reimbursement agreement with DCO Pacific City, LLC and appropriate $70,000 for the fire and safety inspection services. Environmental Status: None. Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. “Reimbursement Agreement Between the City of Huntington Beach and DCO Pacific City, LLC for Costs Incurred for Fire and Safety Inspection Services” HB -322-Item 10. - 2 REIMBURSEMENT AGREEMENT BETWEEN THE CITY OF HLTNTINGTON BEACH AND DCO PACIFIC CITY, LLC FOR COSTS INCURRED FOR FIRE AND SAFETY INSPECTION SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the state of California, hereafter referred to as "CITY," and DCO Pacific City, LLC, a Delaware limited liability company, hereinafter referred to as "DEVELOPER." WHEREAS, DEVELOPER is proposing to develop an area within the City of Huntington Beach for fire and safety inspection services required for The Residences at Pacific City; and DEVELOPER desires that all fire and safety inspection services be processed as soon as possible; DEVELOPER will be required to pay for the fire and safety inspection fees for which DEVELOPER shall receive timely fire and safety inspection services; DEVELOPER desires to have CITY commit sufficient resources to enable the expeditious delivery of fire and safety inspection services; DEVELOPER is required to have various fire and safety inspections performed regarding its project; and Pursuant to California Government Code Section 87103.6, DEVELOPER is allowed to make a payment to CITY to defray the estimated reasonable cost to process any application, approval or other action, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties agree as follows: DEVELOPER agrees to reimburse CITY for its fire and safety inspection services as follows: 1. PAYMENTS A. On the first day of each third month, DEVELOPER shall pay to CITY an amount equal to the amount paid by CITY for fire and safety inspection services funded by this Agreement (the "Quarterly Payment"). The parties 16-5518/147106/DO Page 1 of HB -323-Item 10. - 3 acknowledge that the payments will be used to pay the fire and safety inspection services funded by this Agreement. DEVELOPER acknowledges that the Estimated Amount is CITY's best estimate of the reasonable costs for the services described herein, and that the actual cost of said services may be higher. In the event that the actual cost of said services exceeds the Estimated Amount, DEVELOPER agrees to pay the actual cost within thirty (30) days after receiving CITY's invoice for same. In the event the actual costs of said services are less than the estimated reasonable costs, CITY will refund the difference between the actual and estimated reasonable costs. B. The estimated cost to cover twelve (12) months of fire and safety inspection services is Seventy Thousand Dollars ($70,000.00) (the Estimated Amount). C. One and one-half percent (1 1/2%) interest per month shall be added for each month the payment hereunder is due but unpaid that is not in dispute. 2. STATEMENT OF INTENT The amounts reimbursed to CITY pursuant to this Agreement will help defray CITY's cost of the fire and safety inspection services requested by DEVELOPER and required to process DEVELOPER's fire and safety inspection needs. CITY agrees to provide fire and safety inspection services, and to provide a part time on-site inspector, at an hourly rate not to exceed One Hundred Ten Dollars ($110) per hour, for a continuous period of approximately twelve (12) months, to be mutually established by CITY and DEVELOPER based on the actual start date of building improvements and schedule of construction of DEVELOPER's project. Part time shall mean approximately fifteen (15) hours within a seven (7) day period. It is anticipated that the work day will consist of approximately five (5) hours between approximately 7 a.m. and 12 p.m. The schedule may vary as the need of the project requires. The exact working hours will be at the discretion of CITY, however CITY agrees to provide the required fire and safety inspection services in a timely manner so as to meet DEVELOPER's scheduling needs. Such part time fire and safety inspection services include multi-disciplinary fire and safety inspection services. In the event such inspector is not qualified to provide some the services. CITY may, in its sole discretion, provide an additional qualified inspector to assist the part time inspector in a timely manner on an as needed basis. 16-5518/147106/DO Page 2 of 6 HB -324-Item 10. - 4 3. EXCLUSIVE CONTROL BY CITY CITY will maintain exclusive control over the work described herein. Nothing in this Agreement: A. Shall be deemed to require CITY to approve any plan, proposal, suggestion, application or request submitted by DEVELOPER. B. Shall be deemed to limit, in any respect whatsoever, CITY's sole authority to direct and control the inspector(s) assigned to DEVELOPER's various development projects. C. Shall be deemed to impose any liability on CITY different from any liability as may otherwise be established by law. 4. CITY EMPLOYEES AND OFFICIALS DEVELOPER shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any direct financial interest in this Agreement. 5. TIME IS OF THE ESSENCE CITY agrees that time is of the essence for the performance of the work to be funded pursuant to this Agreement and therefore, thirty (30) days prior to each quarterly invoice. DEVELOPER shall submit a list of proposed activities to be performed by CITY for approval by the Fire Department. 6. TERMINATION OF AGREEMENT Either party may terminate this Agreement at any time with or without cause, upon ten (10) days' prior written notice to the other party. DEVELOPER shall be responsible for all costs up to date of termination. 7. TERM This Agreement shall be effective on the date of its approval by the City Council of CITY. This Agreement shall expire when terminated as provided herein. 8. NOTICES Any notices, certificates or other communications hereunder shall be given either by personal delivery to DEVELOPER's agent or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided 16-5518/147106/DO Page 3 of 6 HB -325-Item 10. - 5 that CITY and DEVELOPER, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TO CITY: City of Huntington Beach ATTN: Fire Marshal 2000 Main Street Huntington Beach, CA 92648 TO DEVELOPER: DCO Pacific City, LLC do UDR, Inc. ATTN: Chris Spendley 7 Harcourt Street, 2n d Floor Boston, MA 02116 80129 With copy to: DCO Pacific City LLC c/o UDR, Inc. ATTN: Legal Department 1745 Shea Center Drive, Suite 200 Highlands Ranch, CO 80129 9. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 10. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 11. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act 16-5518/147106/DO Page 4 of 6 HB -326-Item 10. - 6 contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shalt prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 12. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 13. IMMIGRATION DEVELOPER shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 14. LEGAL SERVICES SUBCONTRACTING PROHIBITED DEVELOPER and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. DEVELOPER understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by DEVELOPER. DEVELOPER shall not request legal services of CITY and shall not be responsible for legal fees, if any, incurred by CITY in connection with this Agreement. 15. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms ancVor provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 16. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 16-5518/147106/DO Page 5 of 6 HB -327-Item 10. - 7 L _Daud print name ITS: (circle one) Chairman/Presiden ice President ( By: By: print nine ffS: (circle one) Secretary/Chief Financial Officer/ ihmsegatarsiary Mayor City Clerk INITIATED AND APPROVED: Fire Chief City Attorney Dm I REVIEWED AND APPROVED: 17. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 18. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on i 4 i14461 lb , 2017. DEVELOPER: CITY: DCO PACIFIC CITY, LLC, A Delaware limited liability company By: DCO Realty, Inc. a Delaware corporation, its Sole Member CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager 16-5518/147106/DO Page 6 of 6 HB -328-Item 10. - 8 INITIATED AND APP,RQVIZD: APPROVED A City Attorney DM IC ck \I -7 VIEWED AND APPRO V I'D: 17. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 18. ENTIRETY This Agreement, and the attached exhibits, contains the entire agreement between the parties respecting the subject matter of this Agreement and supersedes all prior understanding and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,2017. DEVELOPER: DCO PACIFIC CITY, LLC, A Delaware limited liability company By: DCO Realty, Inc. a Delaware corporation, its Sole Member CITY: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk By: print name ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary — Treasurer City Manager Page 6 of 6 16-5518/147106/DO HB -329-Item 10. - 9 Dept. ID PW 17-003 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The Orange County Transportation Authority (OCTA), in cooperation with California Department of Transportation (Caltrans), is proposing to improve Interstate 405 between State Route 73 and Interstate 605. As a part of this project, OCTA will need to relocate two (2) existing City of Huntington Beach Water Pipelines. Each pipeline has a separate Utility Agreement (UA). These UAs acknowledge that the City has prior rights for each these pipelines, which obligates OCTA to pay for the relocation. These UAs also provides OCTA with a mechanism to reimburse the City for actual engineering reviews, inspections, staff time, and other expenses incurred during construction. Financial Impact: The UAs allows OCTA to reimburse the City for all actual engineering review, inspection, staff time, and other expenses incurred during the construction of these pipelines. Staff has estimated the total cost toward the relocations to the City of Huntington Beach at $118,060. Funds for these activities are included in Water Fund business unit 50685801. These costs will be reimbursed by OCTA on a time and material basis as invoiced by City Staff at the time the services are provided. The UAs also require the City to provide a credit to OCTA for the depreciation of each pipeline. The depreciation credit for both pipelines combined is $60,479. Each UA subtracts the depreciation credit from the estimate of expenses that will be incurred by the City to obtain a total cost to OCTA. Recommended Action: Authorize the Mayor and City Clerk to execute Orange County Transportation (OCTA) Utility Agreements UK041241 and UK041106, and return all signed original agreements to OCTA for their final approval. Alternative Action(s): Reject Utility Agreements and provide direction to staff. Analysis: The Interstate 405 (I-405) freeway improvement project has been developed by OCTA in cooperation with Caltrans and local agencies to improve capacity and facility operations between State Route 73 and Interstate 605. The project is primarily funded by Renewed Measure M (M-2) and has been approved for a design-build approach. As a part of this project, three (3) existing potable water pipelines will require relocations and/or modifications. These potable water pipelines CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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: Approve and authorize execution of Orange County Transportation Authority's Utility Agreements No. UK041241 and UK041106 for the relocation of two (2) City of Huntington Beach Water Pipelines for the 405 Widening Project HB -330-Item 11. - 1 Dept. ID PW 17-003 Page 2 of 2 Meeting Date: 2/6/2017 are located at Newland Street and the I-405, Edinger Avenue and the I-405, and at Sugar Avenue (McFadden Avenue) and the I-405. OCTA has prepared UAs for two of the three City-owned pipelines, of which the City has established prior rights, and they are located in Edinger Avenue and Newland Street. A third UA for the pipeline located in Sugar Avenue will be presented to Council at a later date. City’s prior rights were established in documents from the California Division of Highways (Caltrans processor agency), which relocated these pipelines when the I-405 freeway was initially constructed. The prior rights obligate OCTA to provide for the relocation of these City-owned facilities at OCTA’s expense. OCTA has estimated that the relocation of the pipeline in Newland Street will cost $3,200,000, and $1,800,000 for the pipeline in Edinger Avenue. The final engineering design plans will be provided by OCTA’s Design-Build contractor. The following table summarizes the calculation of reimbursements to the City. Description OCTA Utility Agreement No. / City Project CC# Estimated City’s Engineering Inspection, and Water Utility Cost (Reimbursable) “A” Depreciation Credit Calculated per Chapter 13 of the State High Way Manual S&H Code 705 Credit to OCTA (Cost to City) “B” Net Estimated Costs to OCTA = A - B 22-inch Pipe by Newland & I-405 UK041106 /CC1520 $59,430 $44,277 $15,153 12-inch Pipe by Edinger & I-405 UK041241 /CC1521 $58,630 $16,202 $42,428 Total $118,060 $60,479 $57,581 Public Works Commission Action: Not applicable for the project is being funded and constructed through OCTA. Environmental Status: Not applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Maps 2. Two (2) sets of Orange County Transportation Authority Utility Agreement No. UK 0401106. 3. Two (2) sets of Orange County Transportation Authority Utility Agreement No. UK 0401241. 4. Depreciation Credit for the Edinger Pipeline, UK 041241. 5. Depreciation Credit for the Newland Pipeline UK 041106. 6. City of Huntington Beach Estimate of Cost to Relocate the Newland Pipeline. 7. City of Huntington Beach Estimate of Cost to Relocate the Edinger Pipeline. HB -331-Item 11. - 2 HB -332-Item 11. - 3 HB -333-Item 11. - 4 ORANGE COUNTY TRANSPORTATION AUTHORITY UTILITY AGREEMENT DISTRICT :=2.11JJNI\I""Hir 12 ((*..nge FEDERAL AID NUMBER HPLULN-6071(043) FEDERAL PARTICIPATION ROUTE POST MILE 1-405 9.3-24.2 OWNER'S PLAN NUMBER N/A PROJECT ID 1200000180 EA 12-0H1000 On the project YES El NO On the Utilities L YES NO UTILITY AGREEMENT NO. UK041106 DATE The Orange County Transportation Authority (OCTA) in cooperation with the California Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605 (Project). OCTA and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the Project under which Caltrans will provide Project oversight and upon completion of the Project, Caltrans will continue to own and maintain the Interstate 405. City of Huntington Beach Hereinafter referred to as "OWNER", owns and maintains the following (the "Utility Facilities") • 20-inch PVC in 30-inch steel in 36-inch steel casing (connects to 24-inch over channel, 22-inch in Newland Street) along Newland Street crossing 1-405 within the limits of the OCTA Project which requires relocation to accommodate the OCTA Project. It is hereby mutually agreed between OCTA and OWNER as follows: I. WORK TO BE PERFORMED In accordance with Notice to Owner No's UK041106 dated 12/6/2016, OCTA shall relocate OWNER' s Utilities Facilities as shown on OCTA' s contract plans for the improvement of Interstate 405, EA 12-0H1000 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by OCTA, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035. 04-25-2016 HB -334-Item 11. - 5 UTILITY AGREEMENT (Cont.) Page 2 of 5 UTILITY AGREEMENT NO. UK041106 II. LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of STATE and will be relocated at OCTA expense. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be perfolined by OCTA, as described in Section 1 above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the OCTA Contract; however, all questions regarding the work being performed will be directed to OCTA's Resident Engineer for their evaluation and final disposition. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by OCTA's representative. Requests for such authorization must be contained in OWNER's estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's California Department of Human Resources (Ca1HR) travel expense guidelines. Work performed directly by OWNER's employees shall comply with Labor Code Section 1771. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to OCTA for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER's recorded costs as 04-25-2016 HB -335-Item 11. - 6 UTILITY AGREEMENT (Cont.) Page 3 o15 UTILITY AGREEMENT NO. UK041106 of the billing dateless estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a fmal bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final bill within 360 days after notification of completion of OWNER's work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. 04-25-2016 HB -336-Item 11. - 7 UTILITY AGREEMENT (Cont.) Page 4 of 5 UTILITY AGREEMENT NO. UKO41106 V. GENERAL CONDITIONS All costs accrued by OWNER as a result of OCTA's request of March 10, 2015 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If OCTA's Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of the work described herein. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this Agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. If, in connection with OWNER's performance of the Work hereunder, OCTA provides to OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that OCTA shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). OWNER will provide a no fee encroachment permit to OCTA's Design-Builder prior to commencing construction of Project. Provided all conditions of such permit have been fulfilled, the permits shall authorize Design-Builder to commence work within OWNER right of way, and areas which affect OWNER facilities. OWNER will review and/or the submitted Project plans within a period of four (4) weeks. The teinis of this Agreement shall be binding and inure to the benefits of the Parties hereto. THE ESTIMATED COSTS TO OCTA FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $15153. Signatures on Following Page 04-25-2016 HB -337-Item 11. - 8 James M. Donich General Counsel APPROVED AS TO FORM: By: By: PL-- kicii -rAl I UTILITY AGREEMENT (Cont.) Page 5 of 5 UTILITY AGREEMENT NO. UK041106 SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK041106 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: By: Mayor Jim Beil Executive Director, Capital Programs Date: Date: Date: Date: By: Robin Estanislau City Clerk Date: 04-25-2016 HB -338-Item 11. - 9 ORANGE COUNTY TRANSPORTATION AUTHORITY UTILITY AGREEMENT DISTRICT 12 COUNTY Orange ROUTE POST MILE 1-405 9.3-24.2 EA 12-0H1000 PROJECT ID 1200000180 FEDERAL AID NUMBER HPLULN-6071(043) FEDERAL PARTICIPATION OWNER'S PLAN NUMBER N/A On the project El YES LI NO On the Utilities LI YES El NO UTILITY AGREEMENT NO. UK041241 DATE The Orange County Transportation Authority (OCTA) in cooperation with the California Department of Transportation ("Caltrans") is proposing to improve Interstate 405 between State Route 73 and Interstate 605 (Project). OCTA and Caltrans have entered into Cooperative Agreement No. 12-697 relating to the Project under which Caltraxis will provide Project oversight and upon completion of the Project, Caltrans will continue to own and maintain the Interstate 405. City of Huntington Beach Hereinafter referred to as "OWNER", owns and maintains the following (the "Utility Facilities") • 12-inch in 24-inch steel casing west of Edinger Avenue and crossing 1-405 within the limits of the OCTA Project which requires relocation to accommodate the OCTA Project. It is hereby mutually agreed between OCTA and OWNER as follows: WORK TO BE PERFORMED In accordance with Notice to Owner No's UK041241 dated 11/21/2016, OCTA shall relocate OWNER's Utilities Facilities as shown on OCTA's contract plans for the improvement of Interstate 405, EA 12-0H1000 which by this reference are made a part hereof. OWNER hereby acknowledges review of OCTA's plans for work and agrees to the construction in the manner proposed. Deviations from the plan described above initiated by either OCTA or the OWNER, shall be agreed upon by both parties hereto under a Revised Notice to Owner. Such Revised Notices to Owner, approved by OCTA and agreed to/acknowledged by the OWNER, will constitute an approved revision of the plan described above and are hereby made a part hereof. No work under said deviation shall commence prior to written execution by the OWNER of the Revised Notice to Owner. Changes in the scope of the work will require an amendment to this Agreement in addition to the revised Notice to Owner. OWNER shall have the right to inspect the work during construction. Upon completion of the work by OCTA, OWNER agrees to accept ownership and maintenance of the constructed facilities and relinquishes to OCTA ownership of the replaced facilities, except in the case of liability determined pursuant to Water Code 7034 or 7035. 04-25-2016 HB -339-Item 11. - 10 UTILITY AGREEMENT (Cont.) Page 2 of UTILITY AGREEMENT NO. UK041241 LIABILITY FOR WORK Existing facilities are located in their present position pursuant to rights superior to those of STATE and will be relocated at OCTA expense. III. PERFORMANCE OF WORK OWNER shall have access to all phases of the relocation work to be performed by OCTA, as described in Section 1 above, for the purpose of inspection to ensure that the work is in accordance with the specifications contained in the OCTA Contract; however, all questions regarding the work being performed will be directed to OCTA's Resident Engineer for their evaluation and final disposition. Use of out-of-state personnel (or personnel requiring lodging and meal "per diem" expenses) will not be allowed without prior written authorization by OCTA' s representative. Requests for such authorization must be contained in OWNER' s estimate of actual and necessary relocation costs. Accounting Form FA-1301 is to be completed and submitted for all non-State personnel travel per diem. OWNER shall include an explanation why local employee or contract labor is not considered adequate for the relocation work proposed. Per diem expenses shall not exceed the per diem expense amounts allowed under the State's California Department of Human Resources (CaIHR) travel expense guidelines. Work performed directly by OWNER's employees shall comply with Labor Code Section 1771. OWNER shall verify compliance with this requirement in the administration of its contracts referenced above. IV. PAYMENT FOR WORK OCTA shall pay its share of the actual and necessary cost of the herein described work within 45 days after receipt of OWNER's itemized bill, signed by a responsible official of OWNER's organization and prepared on OWNER's letterhead, compiled on the basis of the actual and necessary cost and expense incurred and charged or allocated to said work in accordance with the uniform system of accounts prescribed for OWNER by the California Public Utilities Commission, Federal Energy Regulatory Commission or Federal Communications Commission, whichever is applicable. It is understood and agreed that OCTA will not pay for any betterment or increase in capacity of OWNER's facilities in the new location and that OWNER shall give credit to OCTA for the accrued depreciation of the replaced facilities and for the salvage value of any material or parts salvaged and retained or sold by OWNER. Not more frequently than once a month, but at least quarterly, OWNER will prepare and submit progress bills itemized for costs incurred not to exceed OWNER's recorded costs as 04-25-2016 HB -340-Item 11. - 11 UTILITY AGREEMENT (Cont.) Page 3 of 5 UTILITY AGREEMENT NO. UK041241 of the billing dateless estimated credits applicable to completed work. Payment of progress bills not to exceed the amount of this Agreement may be made under the terms of this Agreement. Payment of progress bills which exceed the amount of this Agreement may be made after receipt and approval by OCTA of documentation supporting the cost increase and after an amendment to this Agreement has been executed by the parties to this Agreement. The OWNER shall submit a final bill to OCTA within 360 days after the completion of the work described in Section I above. If OCTA has not received a final bill within 360 days after notification of completion of OWNER' s work described in Section I of this Agreement, and OCTA has delivered to OWNER fully executed Director's Deeds, Consents to Common Use or Joint Use Agreements for OWNER's facilities (if required), OCTA will provide written notification to OWNER of its intent to close its file within 30 days. OWNER hereby acknowledges, to the extent allowed by law, that all remaining costs will be deemed to have been abandoned. If OCTA processes a final bill for payment more than 360 days after notification of completion of OWNER's work, payment of the late bill may be subject to allocation and/or approval by the OCTA. The final billing shall be in the form of an itemized statement of the total costs charged to the project, less the credits provided for in this Agreement, and less any amounts covered by progress billings. However, OCTA shall not pay final bills which exceed the estimated cost of this Agreement without documentation of the reason for the increase of said cost from the OWNER and approval of documentation by OCTA. Except, if the final bill exceeds the OWNER's estimated costs solely as the result of a revised Notice to Owner as provided for in Section I, a copy of said revised Notice to Owner shall suffice as documentation. In either case, payment of the amount over the estimated cost of this Agreement may be subject to allocation and/or approval by OCTA. In any event if the final bill exceeds 125% of the estimated cost of this Agreement, an Amended Agreement shall be executed by the parties to this Agreement prior to the payment of the OWNER's final bill. Any and all increases in costs that are the direct result of deviations from the work described in Section I of this Agreement shall have the prior concurrence of OCTA. Detailed records from which the billing is compiled shall be retained by owner for a period of three years from the date of final payment and will be available for audit by State and/or Federal auditors. In performing work under this Agreement, OWNER agrees to comply with the Uniform System of Accounts for Public Utilities found at 18 CFR Part 101, 201, et al., and, to the extent they are applicable to owner doing work on the project that is the subject of this agreement, the contract cost principles and procedures as set forth in 48 CFR, Chapter 1, Part 31, et seq., 23 CFR, Chapter 1, Part 645, and 2 CFR Part 200 et al. If a subsequent State and/or Federal audit determines payments to be unallowable, OWNER agrees to reimburse OCTA upon receipt of OCTA billing. If OWNER is subject to repayment due to failure by OCTA to comply with applicable laws, regulations, and ordinances then OCTA will ensure that OWNER is compensated for actual cost in performing work under this agreement. 04-25-2016 HB -341-Item 11. - 12 UTILITY AGREEMENT (Cont.) Page 4 of 5 UTILITY AGREEMENT NO. UK041241 V. GENERAL CONDITIONS All costs accrued by OWNER as a result of OCTA's request of March 10, 2015 to review, study and/or prepare relocation plans and estimates for the project associated with this Agreement may be billed pursuant to the terms and conditions of this Agreement. If OCTA's Project which precipitated this Agreement is canceled or modified so as to eliminate the necessity of work by OWNER, OCTA will notify OWNER in writing and OCTA reserves the right to terminate this Agreement by amendment. The amendment shall provide mutually acceptable terms and conditions for terminating the Agreement. OWNER shall submit a Notice of Completion to OCTA within 30 days of the completion of the work described herein. It is understood that said highway is a Federal aid highway and accordingly, 23 CFR, Chapter 1, Part 645 is hereby incorporated into this Agreement. In addition, the provisions of 23 CFR 635.410, Buy America, are also incorporated into this Agreement. The Buy America requirements are further specified in Moving Ahead for Progress in the 21st Century (MAP-21), section 1518; 23 CFR 635.410 requires that all manufacturing processes have occurred in the United States for steel and iron products (including the application of coatings) installed on a project receiving funding from the FHWA. If, in connection with OWNER's performance of the Work hereunder, OCTA provides to OWNER any materials that are subject to the Buy America Rule, OCTA acknowledges and agrees that OCTA shall be solely responsible for satisfying any and all requirements relative to the Buy America Rule concerning the materials thus provided (including, but not limited to, ensuring and certifying that said materials comply with the requirements of the Buy America Rule). OWNER will provide a no fee encroachment permit to OCTA' s Design-Builder prior to commencing construction of Project. Provided all conditions of such permit have been fulfilled, the permits shall authorize Design-Builder to commence work within OWNER right of way, or areas which affect OWNER facilities. OWNER will review and/or the submitted Project plans within a period of four (4) weeks. The terms of this Agreement shall be binding and inure to the benefits of the Parties hereto. THE ESTIMATED COSTS TO OCTA FOR ITS SHARE OF THE ABOVE DESCRIBED WORK IS $42,428. Signatures on Following Page 04-25-2016 HB -342-Item 11. - 13 James M. Donich General Counsel APPROVED AS TO FORM: By: APPROVED AS TO FORM: By: el Gates CjIY Attorney UTILITY AGREEMENT (Cont.) Page 5 of 5 UTILITY AGREEMENT NO. UK041241 SIGNATURE PAGE TO UTILITY AGREEMENT NO. UK04 124 1 IN WITNESS WHEREOF, the above parties have executed this Agreement on the dates below. Owner: CITY OF HUNTINGTON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY, a public entity APPROVED By: By: Mayor Jim Bell Executive Director, Capital Programs Date: Date: Date: Date: By: Robin Estanislau City Clerk Date: 04-25-2016 HB -343-Item 11. - 14 City of Huntington Beach Estimate of Pipeline Depreciation Cost for OCTA Project Depreciation Calculated in accordance with Caltrans R/W Manual Table 13.04‐5 CN1241, 12‐inch Edinger Pipeline OCTA 100% liable for relocation costs Pipeline Relocation Cost $29,600 Department of Highways Utility Agreement No. 7Ut‐3023, November 18, 1965 Estimate of Facility Life 95 years Age of Facility 52 years As built date January 20, 1964 Percentage of pipe life used 55% Depreciation credit to OCTA $16,202 2011 AWWA "Buried No Longer: Confronting American's Water Infrastructure Challenge, Figure 5, Estimated Service Lives by Pipe Material HB -344-Item 11. - 15 13.04 - 14 (REV 9/2014) Table 13.04-5 (Continued) S&H CODE SECTION 705 - ALLOWABLE CREDITS (Section 13.04.05.06) Type Explanation Salvage Credit When relocation is required, the State shall be given credit for the value of any materials from the old facility that the Owner removes and/or retains from the construction project. Generally, such material is either reconditioned and returned to stock or sold as scrap. Under PUC accounting regulations, Utility Owners shall provide a credit based on the original cost. The State is entitled to a credit for each item of material returned to stock at its current inventory price less depreciation and less cost of reconditioning. The State is also entitled to a credit in the amount of the sales price or, if not sold at the time of billing, the estimated value for materials sold or to be sold as scrap or junk. The amount of credit the State is entitled to is directly related to the percentage of liability the State pays on the Utility Agreement. (i.e., If the liability percentage is 100% State, State will receive full salvage credit. If the liability percentage is 50% State, State will receive 50% of the salvage credit.) The Owner must be made aware that the State will not participate in the cost of removing a facility where the cost is greater than its salvage value unless it has to be removed for safety or aesthetic reasons. See Section 13.04.07.09 for additional discussions of removal of hazardous material. Accrued Depreciation Credit The State shall receive credit for accrued depreciation on the old facilities whenever the relocation of a facility is required. Where there are no replacement facilities, such as for abandoned facilities, credit for depreciation shall not be taken. Accrued depreciation credit is an allowance for the value of expired service life. Expired service life is that portion of a facility’s useful life for which the Owner has received a return on their investment or benefit of service. The credit given shall be based on straight line depreciation computed on original installed cost, age of facility and normal expected life as reflected in the Owner’s books or calculated by industry standards. For example: Credit = Age of Facility (Original Cost)Normal Expected Life The amount of credit the State is entitled to is directly related to the percentage of liability the State pays on the Utility Agreement. (i.e., If the liability percentage is 100% State, State will receive full accrued depreciation credit. If the liability percentage is 50% State, State will receive 50% of the accrued depreciation credit.) Following are special conditions for handling accrued depreciation credits for publicly owned sewers and private oil company facilities: 1. Publicly owned sewers - The State is not entitled to receive a credit for accrued depreciation on relocations of publicly owned sewers. 2. Private oil companies - The State is to receive a credit for depreciation on noncommon carrier (nonpublic utility) longitudinal facilities owned by oil companies. The State has historically calculated accrued depreciation credit on the following basis: x Straight-line depreciation, as with other Utility Owners, except the normal expected life will always be 40 years, as previously agreed to by the State and the oil companies. In other words, only for the purpose of calculating accrued depreciation credits, the subject oil facility will always have a normal expected life of 40 years. x Credit is not to exceed 70 percent of the original installation cost. x When no accrued depreciation credit is provided, or the credit supplied is zero, the Owner must supply proof of the remaining service life of the facility and a written certificate from the Owner’s comptroller or chief accountant stating that no part of the replacement facility will be capitalized or depreciated. (See Section 13.07.06.02.) HB -345-Item 11. - 16 , ; •- •• • • ' r a 1- • / • Site. WomA.Atmm&rumAr Om 405 17.4 1 031649 WM. AM. Din. L--; 07 INTERSTATE Relocate water pipeline and appurtenances in the construction area of the San Diego Freeway, jRoad 07-Ora-405 14.2/17.4 on Edinger Street between U. mairwiwrar-trunnurl , 1 n 1: ull A . of Beach Boulevard.Date 0/(-•e-T ). /4765 AIM I. ;#, • 4 • 4••••n••n••••'1. ' A •,• ;_ r • z •4 e, _ S. 4. •• . STATE OF CALIFORNIA DEPARTMENT f! PUBLIC WORKS DIIISION OF HIGHWAYS 0, 0 T-405-2(11)93Notice Eo. 7-4154 mnanus AGREEMENT NO 7ut ..3o23 . FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Hightvays, hereinafter called STATE. CITY OF HUNTINTON BEACH WATER DEPARTMENT SECOND :'ARTY: s- • hereinafter called OWNER. Relocation is required of certain utility facilities of OWNER, cos: of which is to be borne by STATE because: Section 703 of the Streets and Highways Code. Publicly owned utility used solely to supply water that is lawfully maintained in a city street and instaled prior to its becoming a state highway. 1. De,cilptl,on_pr Relocatiut A. Instill 1. 1846 feet 12" I.D. CM/CE W.S. water pipeline on the north side of Edinger Street within the Freeway construction area. 2.695 feet of 20" I.D. x 1/4" steel pipe ea3ing. 3.2-12" ML. gate valves. 4.1-1" A-V/A-R valve. 5.1-6" Blow-off. B.Relocate One existing A-V/A-R valve assembly. C.Abandon 1800 feet + of 12" I.C. cement mortar lined and coated, welded steel pipe and appurtenances. .01 • -••••• 4 •7, • • 2. HB -346-Item 11. - 17 3-• fte • •• ,•, . 4. , a .1 4.14114010100011101mmr.s....4.4sort '•-. • . • - 1.1440--, : - •• ! • • „ tS. 10. I . ' • •• ' 1aye 4 • •••4•4 ".• LIA.Elaina.ALAAAllmakat Al]. work shall be performed substantially in accordance with OvnJr's drawing num lnred Sheet 1 -11 1 and estimate dated Febraary 21, 1963, on file in the District 07 Office of the Division of Highways, 120 South Spring Street, Los Amgeles, California. Pr9.9041-0 j. • F. .14 SI A.All relocation work shall be done by contractor on a • •competitive bid basis. B.State shall reimburse Owner upon receipt of six (6) copies of itemized bills of cost of the work in accordance with Owner's regularly established accounting practice, with the State receiving credit for accrued depreciation. IV.It is understood thaz said highway .s a Federal-Aid Hie.mcay and accordingly Bureau of Public Roads Policy and Procedure Kemorandum 30-4 as amended is hereby incorporated into this Agreement with the understanding that provisions governing reimbursement procedures are applicable to the relationship between the State and the United State;. V.In order to comply with Title VI of the United States Civil Rights Act of 1964, Appendix A is attached to and made a part of this Agreement, excepting therefrom any and all work performed by Owner's own forces. ••• • -2 - HB -347-Item 11. - 18 Estimated Cost to STATE $ 29 1 .600.*00 . OWNER agrees to pctform and STATE agrees to pay for the above describe.] work in accord:oce with... Seattort III -hereof . IN WITNESS WHEREOF. the rirties have executed this agreement the day and }car first ab.-ive written. gitit()§b C.learsnee i;ent STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS flwi I' OF HIGIVX IMO Guilt at ti .G• n • ti tathrttleta• t ROO Anil:oat Ckirf Rigit vi r,Aims Deputy District Engineer 400.4064f, HB -348-Item 11. - 19 ••nr• PIP I• •_. • :4; • • •f.S A ANA - • AO / , • ••• " 14' ('. '. fm •*. . •. ,r,„40tssilp •- • • •MO I I•e •• APPENDIX A During the performance of this contract, the contractor, for itself, its 1, massignees and successors in interest (hereinafter referred to as the "contrac- (1) Compliance with Regulations: The contractor will comply with the ; ' Regulations of the Department of Commeree relative to noneiserimina- tion in feeh .rally-assisted pro g rams of the Department of ..:ommerce , (Title 15. Code of FederaI Re g ulations, Part h, hereinafter referred to as the Regulations), which are herein incorporated by reference and i . • •.made a part of this contraet.• (2) Nondiscrimination: The eontriu tor with regard to the work performed "k h. by it after award and p rior to enmp:etion of tho contract work, will 1 .,fr • not discriminate on the ground of race, color, c,r natinnal origin in the selection anti retention of sub,.ontractors, neluding procurements of V materials and leases of equipment. The contractor will not participate either directly or indirectly in the discrimination prohibited by Section -;4! 8.4 of the Regulations. ineluding employment prtictices when the con- tract covers a program se: forth 'o Appendix A-II of the Regulations. • (3) Solicitations for Subcontracts, Including Procuremenu of Materials and ••41 r itor"), agrees as follows: I Equipment: In all solieitations either by competitive . bidding or negoti ation made by the eontraetor for work to be performed under a sub- contract. ineluding proeurements of materials or equipment, each potential subcontractor or supplier shall he notifieti by the contractor of the contraetor's obligations under this contract and the Regulations relative to nondiserimination no the ground of race, color or national origin. (4) Information and Reports: The contractor will provide all information and reports required by the Re g ulations, or orders and instructions issued pursuant thereto, and will permit ncee.o. to its hooks. records, accounts, other sources of informatinn, and its facilities as may be determined by the State Hi g hway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required of a contractor Is In the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the State Highway Department. or the Bureau of Public. Roads ts appropriate, and shall set forth what eflt olls it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncom- pliance with the nondiscrimination provisions of this contrect, the State Highway Deportment shall impose such contract sanctions as it or the Bur e au of Public Roads may determine to be appropriate, including, but not limited to, (a)withholding of payments to the contractor tinder the contract until the contractor complies, anti or (b)cancellation, t2rmintition or suspension of the contract, in whole or in part. (6) Inco.rporatioa of Provisions: The contractor will include the provisions of paearraph ) through (6) in ever; subcontract, including procure. ments of materials and leases of equipment, unless exempt by the Regu. lotions, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however. that, in the event a contractor be- comes involved in, or is areatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the Uaited States to enter into such litigation to protect the interests or the United States. , •L • •Ni'a • 1." HB -349-Item 11. - 20 CITY OF HUNTINGTON BEACH ENGINEERING DEPARTMENT Huntington 13each, Cblifornia Honorable Mayor and City Council City of Huntington Beach Attention: Mr. Doyle Miller City Administrator Subject: Relocatiou of Water Line on Eding.er Ave. at San Diegig_Freeway, In response to a billing of the Division of Highways for the cost of engineering and construction of the reloca- tion of a waterline in Edinger Avenue for the San Diego Freeway, we have Leen requested to execute Utilities Agreement No. 7UT-025. It is requested that the Director of Public Works be authorized to execute the agreement. H. E. Rartge Deputy Director of Public Works HB -350-Item 11. - 21 4 • , OP, •„:1":‘, ' e • • 4 ••.• r _ ' • . . •' t STATE OF CALIFORNIA—HIGHWAY TRANSPORTATION AGENCY 0EPARTMEN7 OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT VII P. 0. BOX 2304, LOS ANGELES 34 EDMUND G. BRO N! /, Governor :..!IIMPOWilissielliissilss•AjossaliO. - • „ fe• e) 141t • Asirwi • ; Nsei December 15, 1965 07-Ora-405 14.2/17.4 Agt. No. 7M-3023 07413 - 031649 City of Huntington Beach, Water Department P. O. Box 190 Huntington Beach, California Gentlemen: Attached is fully executed copy of Utilities Agree- ment No. 7Ut-3023 coverinF relocation of water facilities on the San Diego Freeway, Road 07-0ra-405 14.2/17.4, between 0.2 mile west of Brcokhurst Avenue to 0.2 mile northwest of Beach Bou%evard. Very truly yours, fi C. M. BROWN Asst. R/W Clearance Agent CKB:dtk Attach. HB -351-Item 11. - 22 8 Buried No LoNger: CoNfroNtiNg AmeriCA’s WAter iNfrAstruCture ChALL eNge projections of demographic trends allowed the development of infrastructure need profiles for growth through 2050 in each of the regions and utility size categories (for the latter purpose, city size was used as a proxy for utility size). The study generally assumes that utilities continue efforts to manage the number of main breaks that occur per mile of pipe rather than absorb increases in pipe failures. That is, the study assumes utilities will strive to maintain current levels of service rather than allow increasing water service outages. We assume that each utility’s objective is to make these investments at the optimal time for maintaining current service levels and to avoid replacing pipes while the repairs are still cost-effective. Ideally, pipe replacement occurs at the end of a pipe’s “useful life”; that is, the point in time when replacement or rehabilitation becomes less expensive in going forward than the costs of numerous unscheduled breaks and associated emergency repairs. With this data in hand and using the assumptions above, we projected the “typical” useful service life of the pipes in our inventory using the “Nessie Model”TM. The model embodies pipe failure probability distributions based on many utilities’ current operating experiences, coupled with insights from extensive research and professional experiences with typical pipe conditions at different ages and sizes, according to pipe material. The analysis used seven different types of pipe in three diameters and addressed pipe inventories dating back to 1870. Estimated typical service lives of pipes are Derived Current Service Lives (Years) CI CICL (LSL) CICL (SSL)) DI (LSL) DI (SSL) AC (LSL) AC (SSL) PVC Steel Conc & PCCP Northeast Large 130 120 100 110 50 80 80 100 100 100 Midwest Large 125 120 85 110 50 100 85 55 80 105 South Large 110 100 100 105 55 100 80 55 70 105 West Large 115 100 75 110 60 105 75 70 95 75 Northeast Medium & Small 115 120 100 110 55 100 85 100 100 100 Midwest Medium & Small 125 120 85 110 50 70 70 55 80 105 South Medium & Small 105 100 100 105 55 100 80 55 70 105 West Medium & Small 105 100 75 110 60 105 75 70 95 75 Northeast Very Small 115 120 100 120 60 100 85 100 100 100 Midwest Very Small 135 120 85 110 60 80 75 55 80 105 South Very Small 130 110 100 105 55 100 80 55 70 105 West Very Small 130 100 75 110 60 105 65 70 95 75 LSL indicates a relatively long service life for the material resulting from some combination of benign ground conditions and evolved laying practices etc. SSL indicates a relatively short service life for the material resulting from some combination of harsh ground conditions and early laying practices, etc. Figure 5: Average Estimated Service Lives by Pipe Materials (average years of service) HB -352-Item 11. - 23 City of Huntington Beach Estimate of Pipeline Depreciation Cost for OCTA Project Depreciation Calculated in accordance with Caltrans R/W Manual Table 13.04‐5 CN1106 22‐inch OC‐9 Pipeline OCTA 100% liable for relocation costs Pipeline Relocation Cost $79,365 Department of Highways Utility Agreement No. 7Ut‐3021, October 11, 1967 Estimate of Facility Life 95 years Age of Facility 53 years As built date September 23, 1963 Percentage of pipe life used 56% Depreciation credit to OCTA $44,277 2011 AWWA "Buried No Longer: Confronting American's Water Infrastructure Challenge, Figure 5, Estimated Service Lives by Pipe Material HB -353-Item 11. - 24 13.04 - 14 (REV 9/2014) Table 13.04-5 (Continued) S&H CODE SECTION 705 - ALLOWABLE CREDITS (Section 13.04.05.06) Type Explanation Salvage Credit When relocation is required, the State shall be given credit for the value of any materials from the old facility that the Owner removes and/or retains from the construction project. Generally, such material is either reconditioned and returned to stock or sold as scrap. Under PUC accounting regulations, Utility Owners shall provide a credit based on the original cost. The State is entitled to a credit for each item of material returned to stock at its current inventory price less depreciation and less cost of reconditioning. The State is also entitled to a credit in the amount of the sales price or, if not sold at the time of billing, the estimated value for materials sold or to be sold as scrap or junk. The amount of credit the State is entitled to is directly related to the percentage of liability the State pays on the Utility Agreement. (i.e., If the liability percentage is 100% State, State will receive full salvage credit. If the liability percentage is 50% State, State will receive 50% of the salvage credit.) The Owner must be made aware that the State will not participate in the cost of removing a facility where the cost is greater than its salvage value unless it has to be removed for safety or aesthetic reasons. See Section 13.04.07.09 for additional discussions of removal of hazardous material. Accrued Depreciation Credit The State shall receive credit for accrued depreciation on the old facilities whenever the relocation of a facility is required. Where there are no replacement facilities, such as for abandoned facilities, credit for depreciation shall not be taken. Accrued depreciation credit is an allowance for the value of expired service life. Expired service life is that portion of a facility’s useful life for which the Owner has received a return on their investment or benefit of service. The credit given shall be based on straight line depreciation computed on original installed cost, age of facility and normal expected life as reflected in the Owner’s books or calculated by industry standards. For example: Credit = Age of Facility (Original Cost)Normal Expected Life The amount of credit the State is entitled to is directly related to the percentage of liability the State pays on the Utility Agreement. (i.e., If the liability percentage is 100% State, State will receive full accrued depreciation credit. If the liability percentage is 50% State, State will receive 50% of the accrued depreciation credit.) Following are special conditions for handling accrued depreciation credits for publicly owned sewers and private oil company facilities: 1. Publicly owned sewers - The State is not entitled to receive a credit for accrued depreciation on relocations of publicly owned sewers. 2. Private oil companies - The State is to receive a credit for depreciation on noncommon carrier (nonpublic utility) longitudinal facilities owned by oil companies. The State has historically calculated accrued depreciation credit on the following basis: x Straight-line depreciation, as with other Utility Owners, except the normal expected life will always be 40 years, as previously agreed to by the State and the oil companies. In other words, only for the purpose of calculating accrued depreciation credits, the subject oil facility will always have a normal expected life of 40 years. x Credit is not to exceed 70 percent of the original installation cost. x When no accrued depreciation credit is provided, or the credit supplied is zero, the Owner must supply proof of the remaining service life of the facility and a written certificate from the Owner’s comptroller or chief accountant stating that no part of the replacement facility will be capitalized or depreciated. (See Section 13.07.06.02.) HB -354-Item 11. - 25 07-Ora-405 14.4/17.4 Agt. No. 7Ut-3021 November 15, 1967 ;-/ 11 RONALD REAGAN STATE OF CALIFORNIA—HIGHWAY TRANSPORTATION AGENCY ERh3PNRAXVIrric GQ"mor DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT 7 P. O. BOX 2304, LOS ANGELES 90054 City of Huntington Beach City Hall Post Office Box 190 Huntington Beach, California 92464 Attention: Mr. E. R. Stang Water Superintendent Gentlemen: Attached for your file is a fully executed copy of Utilities Agreement No. 7Ut-3021 coveeng relocation and encasement of a 22-inch water line crossing the San Diego Freeway, Road 07-Ora-405 14.4/17.4, in Newland Street. Very truly yours, R. R. FISHER Assistant Utilities Relocation Engineer RRF:jb Attachment HB -355-Item 11. - 26 R°NPAIRunae ,!tolmor xxiammomx STATE OF CALIFORNIA-TRANSPORTATION AGENCY DEPARTMENT OF PUBLIC WORKS DIVISION OF HIGHWAYS DISTRICT 7, P.O. BOX 2301, LOS ANGELES 90051 November 15, 1967 07-Ora-405 14.4/17.4 Agt. No. 7Ut-3021 City of Huntington Beach City Hall Post Office Box 190 Huntington Beach, California 92464 Attention: Mr. E. R. Stang Water Superintendent Gentlemen: Attached for your file is a fully executed copy of Utilities Agreement No. 7Ut-3021 covedlg relocation and encasement of a 22-inch water line crossing the San Diego Freeway, Road 07-Ora-405 14.4/17.4, in Newland Street. Very truly yours, Ortgiczi Coed by R. R. FISHER Assistant Utilities Relocation Engineer RRF:jb Attachment HB -356-Item 11. - 27 ("1 INTERSTATE p woo r1w-31, STATE OF CALIFORNIA DEPARTMENT OF PUBLIC WORKS Divisiori OF HIGHWAYS DirN Co.Rilf.Sic. 1 Woltz Arniona.nom .,:.07_Ora ....40-5 I 14.4/1 I 17 /1, 031644 I 01164(1 , Notice No. 7-4152 (Rev.)•• Construction: I-405-2(96)107 Right of Way: I-405-2(11)93 UTILITIES. AGREEMENT. NO..7.ut=302.1 Relocation and encasement, of a 22-inch water lino crossing the San Diego Date. : FIRST PARTY: State of California, acting by and through its Department of Public Works, Division of Highways,,.hereinafter called STATE: SECOND PARTY • CITY OF HUNTINGTON BEACH, WATER DEPARTMENT hereinafter called OWNER Relocation is required of certain utility facilities of OWNER, cost of which is to be borne by STATE because: Section 703 of the Streets and Highways Code: Publicly owned water facilities installed in freeway prior to its becoming a •State Highway. I. Description of Work In accordance with Notice to Relocate No. 7-4152 (Revised), dated August 10, 1967: A.State Highway Contractor shall install 2,000 feet of 22-inch water lime with 270 feet of 36-inch encasement crossing the San Diego Freeway at Newland Street. B.Owner shall furnish all necessary engineering plans and specifications related to the relocation of the 22-inch water line, as set out in Item I-A above, together with such supplemental inspection as required to assist State's inspection. II. Plans and Estimates Said work shall be performed substantially in accordance with State Highway plans as indicated below: Plan Title Date No. of Sheets Ora-158-Wtm,B San Diego Freeway Newland Street Overcrossing 7-30-62 2 • and Highway Engineer's estimate dated November 22, 1963, and Ouner's estimates dated February 14, 1963 and March 27, 1967. Copies of plans and estimates are on file in the District 07 Office of the Division of Highways, 120 South HB -357-Item 11. - 28 . Spring Street, Los Angeles, 90012. Minor deviations from the above-described work may be made and incidental work -,.. relative thereto performed by the Ouner, when mutually acceptable to both parties and upon approval by the State. III. Relocation ‘and Reimbursement Procedure A.State Highway Contractor will perform all work set outin Item I-A above. Owner agrees to perform the work set out in Item I-B above with its own forces and by Ouner t s consulting engineer. B.The State shall pay its share of the actual cost of work performed by Ouner and set out in Item I-B above, after receipt of six (6) copies of itemized bill, signed by a responsible official of Omer's organization, compiled on the basis of the actual cost and expense incurred and charged or allocated to said work, in accordance with Ouner i s regularly established accounting system; provided the cost and expense properly attributable to work covered by this agreement can be identified. C.It is understood and agreed that the State will not pay for any betterment or increase in capacity of Ouneris facilities in the new location and that Ouner shall give credit-to the State for all accrued depreciation on the replaced facilities and the salvage value of materials or parts salvaged and retained or sold by Omer. IV. Performance of Work It is hereby understood and agreed between the parties that all relocation work set forth in Section I-A above and Indicated on plans designated in Section II above shall be performed by the State under Highway Contract. V. e by Oun e r Ouner agrees to accept the operation, use, and maintenance of the water lines as constructed. VI. It is understood that said highway is a Federal-aid highway and accordingly, Bureau of Public Roads Policy and Procedure Memorandum 30-4 ia hereby incorporated into this Agreement with the understanding that provisions governing reimburse- ment procedures are applicable to the relationship between the State and the United States. VII. In order to comply with Title VI of the United States Civil Rights Act of 1964, Appendix A is attached to and made a part of this Agreement, excepting therefrom any and all work performed by °t uner's own forces. HB -358-Item 11. - 29 APPENDIX A During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contrac- tor"), agrees as follows: Compliance with Regulations: 'The contractor will comply with the Regulations of the Department of Commerce relative to nondiscrimina- tion in federally-assisted programs of the Department of Commerce (Title 15. Code of Federal Regulations, Part 8, hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it after award and prior to completion of the contract work, mil/ not discriminate on the ground of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor will not'participate either directly or indirectly in the discrimination prohibited by Section 8.4 of the Regulations, including employment practices when the con- tract covers a program set forth in Appendix A41 of the Regulations. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negoti- ation made by the contractor for work to be performed under a sub- contract, including procurements of materials or equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the ground of race, color or national (4) Information anti Reports: 'The contractor will provide all information and reports required by the Regulations, or orders and instructions issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the State Highway Department or the Bureau of Public Roads to be pertinent to ascertain compliance with such Regulations, orders and instructions. Where any information required-of a contractor Is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so. certify to the State Highway Department, or the Bureau of Public Roads as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the contractor's noncom- pliance with the nondiscrimination provisions of this contract, the State Highway Department shall impose such contract sanctions as it or the Bureau of Public Roads may determine to be appropriate, including, but not limited to, (a)withholding of payments to the contractor under the contract until the contractor complies, and/or (b)cancellation, termination or suspension of the contract, in whole or in part. Incorporation of Provisions: The contractor will include the provisions of paragraph (1) through (6) in every subcontract, including procure- ments of materials and leases of equipment, unless exempt by the Regu- lations, order, or instructions issued pursuant thereto. The contractor will take such action with respect to any subcontract or procurement as the State Highway Department or the Bureau of Public Roads may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor be- comes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State to enter into such litigation to protect the interests of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. (1) (3) (5) (6) HB -359-Item 11. - 30 Right of Way Cleanstne Ages,Ofrover.... CITY OF HUNTINGTON BEACH _DEPARTMENT toes A * Wheeler .......... _________ . Director of Public Works .......... ..... 'tog Right of Way Ag APPROVED: C. S. MAC DONALD *MACAU AAAAAA AV, Pi BY••..."••••••••••••••••••••••'''''" WMON 1111. MS MYR Aslinent Chief Ritbs f Way olittst NOV 9 1367 STATEOFCAUFORNIA DEPARTMENT OF PUBLIC W KS 10 0111-1IG ibewilAIWOMMI*. PISMAAMASASHIMAnMWMASMSAMArelMSMAARAAS s.eARAMEMENIMMRNSME/Me 4 4111/41414.144PetvoilWk44. 444.44 OparigiftailmpweinIMMOgArupoirdp iewmpi * ' .s4's 1/4141)•i Cost to State of work to be done by State's Highway Contractor 67,715.00 Cost to State of work to be done by Owner 11,650.00 Estimated Cost to STATE $.4.9.2.365..04- work described in Item I —E OWNER agrees to perform and STATE agrees to pay for thAlkomisiggikstimis in accordance with_ OWNER agrees to accept and maintain the work described in Item I—A IN WITNESS WHEREOF, the parties have executed this agreement the day and year first above written. Deputy District Engineer HB -360-Item 11. - 31 8 Buried No LoNger: CoNfroNtiNg AmeriCA’s WAter iNfrAstruCture ChALL eNge projections of demographic trends allowed the development of infrastructure need profiles for growth through 2050 in each of the regions and utility size categories (for the latter purpose, city size was used as a proxy for utility size). The study generally assumes that utilities continue efforts to manage the number of main breaks that occur per mile of pipe rather than absorb increases in pipe failures. That is, the study assumes utilities will strive to maintain current levels of service rather than allow increasing water service outages. We assume that each utility’s objective is to make these investments at the optimal time for maintaining current service levels and to avoid replacing pipes while the repairs are still cost-effective. Ideally, pipe replacement occurs at the end of a pipe’s “useful life”; that is, the point in time when replacement or rehabilitation becomes less expensive in going forward than the costs of numerous unscheduled breaks and associated emergency repairs. With this data in hand and using the assumptions above, we projected the “typical” useful service life of the pipes in our inventory using the “Nessie Model”TM. The model embodies pipe failure probability distributions based on many utilities’ current operating experiences, coupled with insights from extensive research and professional experiences with typical pipe conditions at different ages and sizes, according to pipe material. The analysis used seven different types of pipe in three diameters and addressed pipe inventories dating back to 1870. Estimated typical service lives of pipes are Derived Current Service Lives (Years) CI CICL (LSL) CICL (SSL)) DI (LSL) DI (SSL) AC (LSL) AC (SSL) PVC Steel Conc & PCCP Northeast Large 130 120 100 110 50 80 80 100 100 100 Midwest Large 125 120 85 110 50 100 85 55 80 105 South Large 110 100 100 105 55 100 80 55 70 105 West Large 115 100 75 110 60 105 75 70 95 75 Northeast Medium & Small 115 120 100 110 55 100 85 100 100 100 Midwest Medium & Small 125 120 85 110 50 70 70 55 80 105 South Medium & Small 105 100 100 105 55 100 80 55 70 105 West Medium & Small 105 100 75 110 60 105 75 70 95 75 Northeast Very Small 115 120 100 120 60 100 85 100 100 100 Midwest Very Small 135 120 85 110 60 80 75 55 80 105 South Very Small 130 110 100 105 55 100 80 55 70 105 West Very Small 130 100 75 110 60 105 65 70 95 75 LSL indicates a relatively long service life for the material resulting from some combination of benign ground conditions and evolved laying practices etc. SSL indicates a relatively short service life for the material resulting from some combination of harsh ground conditions and early laying practices, etc. Figure 5: Average Estimated Service Lives by Pipe Materials (average years of service) HB -361-Item 11. - 32 CC 1520, 22‐INCH CITY OF HUNTINGTON BEACH RELOCATION, OCTA CN1106.Estimate of costs for plan check of OCTA Design Build Contractor. Assume 3‐each Submittals.Assume 6‐each Monthly Coordination MeetingsAssume 6‐each Design Coordination MeetingsEstimate of costs for Operations and Maintenance Labor for OCTA Relocation of pipeline. Cost include pipeline isolation, pipeline flushing, and Pipeline Testing.Estimate of cost for Construction Inspection of 22‐inch pipeline Estimate of cost for water for pipeline flushing.Task TASK DESCRIPTIONUTILITY MANAGERPRINCIPAL ENGINEERSENIOR ENGINEERASSISTANT ENGINEERENGINEERING INTERNWATER PRODUCTION SUPERVISORWATER DISTRIBUTION SUPERVISORWATER INSPECTORWATER CREW LEADERWATER QUALITY SUPERVISORWATER DIST LEADWORKERMAINT SERVICE SERVICE WORKERMET WATER ACRE FOOTTOTAL COST1 Submittals 9 24 24 6 6 12 12 12 62 Monthly Coordination Meetings 9 9 9 93 Construction Design Meeting 9 9 9 94 Construction Inspection80 65 O&M Labor12 100 1006 Project Approval 2 2 4 4 4Total Hours 11 44 46 6 6 34 34 80 24 12 100 1007 Water VOLUME 1.03Cost 1,757.36$ 6,856.52$ 6,049.46$ 633.54$ 70.92$ 3,948.42$ 3,948.42$ 8,362.40$ 2,281.92$ 1,393.56$ 8,607.00$ 6,740.00$ $1,028.10 51,677.62$ Contingency 15%7,751.64$ Total Cost59,429.27$ Hourly Rates/Unit Cost159.76$ 155.83$ 131.51$ 105.59$ 11.82$ 116.13$ 116.13$ 104.53$ 95.08$ 116.13$ 86.07$ 67.40$ 1,000.00$ WATER ESTIMATELENGTH OF PIPE ISOLATED1700 LF PRV @ EDINGER TO HEILPIPE DIAMETER 22‐INCHCROSS SECTION AREA 2.64 SQ FTVOLUME PIPE 4487.7 CU FTTURN WATER X‐TIMES 10 PIPE VOULMESFLUSH VOLUME 44876.7FLUSH VOLUME 1.03 AC FTHB -362-Item 11. - 33 CC 1521, 12‐INCH CITY OF HUNTINGTON BEACH RELOCATION, OCTA CN1241Estimate of costs for plan check of OCTA Design Build Contractor. Assume 3‐each Submittals.Assume 6‐each Monthly Coordination MeetingsAssume 6‐each Design Coordination MeetingsEstimate of costs for Operations and Maintenance Labor for OCTA Relocation of pipeline. Cost include pipeline isolation, pipeline flushing, and Pipeline Testing.Estimate of cost for Construction Inspection of 12‐inch pipeline Estimate of cost for water for pipeline flushing.Task TASK DESCRIPTIONUTILITY MANAGERPRINCIPAL ENGINEERSENIOR ENGINEERASSISTANT ENGINEERENGINEERING INTERNWATER PRODUCTION SUPERVISORWATER DISTRIBUTION SUPERVISORWATER INSPECTORWATER CREW LEADERWATER QUALITY SUPERVISORWATER DIST LEADWORKERMAINT SERVICE SERVICE WORKERMET WATER ACRE FOOTTOTAL COST1 Submittals 9 24 24 6 6 12 12 12 62 Monthly Coordination Meetings 9 9 9 93 Construction Design Meeting 9 9 9 94 Construction Inspection80 65 O&M Labor12 100 1006 Project Approval 2 2 4 4 4Total Hours 11 44 46 6 6 34 34 80 24 12 100 1007 Water VOLUME 0.33Cost 1,757.36$ 6,856.52$ 6,049.46$ 633.54$ 70.92$ 3,948.42$ 3,948.42$ 8,362.40$ 2,281.92$ 1,393.56$ 8,607.00$ 6,740.00$ $332.87 50,982.39$ Contingency 15%7,647.36$ Total Cost58,629.75$ Hourly Rates/Unit Cost159.76$ 155.83$ 131.51$ 105.59$ 11.82$ 116.13$ 116.13$ 104.53$ 95.08$ 116.13$ 86.07$ 67.40$ 1,000.00$ WATER ESTIMATELENGTH OF PIPE ISOLATED 1850 LFPIPE DIAMETER (INCH) 12 inCROSS SECTION AREA0.79 SQ FTVOLUME PIPE 1453.0 CU FTTURN WATER X‐TIMES 10 PIPE VOULMESFLUSH VOLUME 14529.9FLUSH VOLUME 0.33 AC FTHB -363-Item 11. - 34 Dept. ID pw 17-002 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: In June 2016, the City of Huntington Beach applied for and received funding to operate a seasonal local transit circulator service within the City under the OCTA Measure M Project V program. The City needs to enter into an agreement of terms with OCTA to receive and administer the grant and also add the project to our current Capital Improvement Program along with authorized matching funds. Financial Impact: An appropriation of $25,000 from the undesignated Air Quality Management District (201) fund balance is requested for the City’s grant match for the project for the current fiscal year. The grant will provide a maximum of $917,770 over the seven-year term of the grant. In addition, Visit HB has agreed to provide up to $12,000 towards the project for the current fiscal year. Recommended Action: A) Authorize the Mayor and City Clerk to execute Cooperative Agreement No. C-6-1481 between OCTA and the City for Project V Community-based Transit Circulator Grant Project; and, B) Amend the 2016/17 Capital Improvement Program to add the Community-based Local Transit Circulator project; and, C) Appropriate $25,000 from the undesignated AQMD (201) fund balance to account 20185201.82800; and, D) Appropriate $159,812 in grant and contribution funds to a grant account established under Finance Department guidelines; and, E) Adopt Resolution No. 2017-07 "A Resolution of the City Council of the City of Huntington Beach Adopting a Revised Capital Improvement Program for the Years 2016/17 Through 2022/23.” Alternative Action(s): Reject the cooperative agreement as presented and do not add project to the Capital Improvement Program. This action would result in forfeiture of the grant. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 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: Approve and authorize execution of Cooperative Agreement with Orange County Transportation Authority (OCTA) for Project V Community-based Transit Circulator Grant Project; amend the 2016/17 Capital Improvement Program to add the Community-based Local Transit Circulator project; and authorize appropriation of funds for the Community-based Local Transit Circulator Grant Project; and, adopt Resolution No. 2017-07 adopting a revised CIP for the years 2016/17 through 2022/23 HB -364-Item 12. - 1 Dept. ID pw 17-002 Page 2 of 2 Meeting Date: 2/6/2017 Analysis: In early 2016, the City submitted an application to receive transit grant funding to help develop and fund a local transit service that supplements current OCTA transit services. The vision for the grant was to provide a free transportation option to residents and guests, serving key local neighborhoods, business centers, resort and recreation areas during peak activity seasons in the City. The City Council supported the application and adopted Resolution 2016-13 formally stating the City’s commitment and support for the application, which was submitted to OCTA. In the summer of 2016, the OCTA Board of Directors approved funding for the City’s application. In order to be eligible to receive the funding the City must complete two steps. First, we must enter into an agreement with OCTA that presents the terms and conditions for the receipt of the funding. Second, the City must add the project to our Capital Improvement Program. The latter step also requires that we formally allocate funding for the City’s portion of the project funding. The local transit service application identified a 15.4 mile route circulating between the Bella Terra area, Oak View neighborhood, Central Park and the coastal areas of downtown, Pacific City and the hotels. The service is proposed to run on weekdays from 10 a.m. to 10 p.m. from Memorial Day to Labor Day, and on additional weekends prior to that beginning April 1 and after that period through October 1. The overall operating cost of the service is approximately $130,000 per year with additional expenditures during the first year of $45,000. The grant will provide funding 90% of funding for up to seven-years of service operation, subject to achieving minimum performance standards and ridership requirements annually. The overall seven-year budget for the project is $1,019,744, with OCTA grants funding up to $917,770 of that amount. The remaining costs will be the responsibility of the City along with any costs beyond those covered by the program. The City has partnered with Visit HB in the effort. Visit HB has agreed to provide up to $12,000 in funding towards the project-match along with providing access to current Visit HB marketing and artwork for the service. The City anticipates a basic matching contribution to the project of $15,000 for the first year. However, due to many unknown factors at this time, staff is requesting that the City Council appropriate $25,000 in Air Quality Management District funds at this time to cover other potential expenses as a contingency. The Community-based Transit Circulator project was not included in the adopted 2016/17 Capital Improvement Program in August 2016 since it does not meet typical capital improvement program project characteristics. Due to requirements from OCTA to have all grant projects included in the CIP and the need to appropriate funds for the project, staff is requesting that the City Council formally amend the CIP to add the project and appropriate the $25,000 in AQMD funds from the fund balance. The City Council also adopts by resolution adopting a seven-year Capital Improvement Program submittal document for OCTA programming purposes. Since the recommended action would amend the City’s 2016/17 Capital Improvement Program and the project could span up to seven- years, a separate resolution amending the seven-year Capital Improvement Program is also required for compliance with Renewed Measure M. Environmental Status: The project will be reviewed for environmental compliance as part of the implementation steps. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Cooperative Agreement No. C-6-1481 2. Capital Improvement Program detailed project sheet 3. Resolution No. 2017-07 "A Resolution of the City Council of the City of Huntington Beach Adopting a Revised Capital Improvement Program for the Years 2016/17 Through 2022/23” 4. City Council Resolution 2016-13 supporting the submittal of the project application 5. Final Project Grant Application submittal package and revisions HB -365-Item 12. - 2 COOPERATIVE AGREEMENT NO. C-6-1481 2 BETWEEN 3 ORANGE COUNTY TRANSPORTATION AUTHORITY 4 AND 5 CITY OF HUNTINGTON BEACH 6 FOR 7 PROJECT V COMMUNITY- BASED TRANSIT/CIRCULATORS 8 THIS COOPERATIVE AGREEMENT, is effective this day of , 201_, by and between 9 the Orange County Transportation Authority, 600 South Main Street, Orange, California 92863-1584, a 10 public corporation of the State of California (hereinafter referred to as "AUTHORITY" or "OCTA"), and 11 the City of Huntington Beach, 2000 Main Street, Huntington Beach, California 92648, a municipal 12 corporation (hereinafter referred to as "CITY") each individually known as "PARTY" and collectively 13 known as the "PARTIES". 14 RECITALS: 15 WHEREAS, AUTHORITY and CITY desire to enter into a Cooperative Agreement to define the 16 roles and responsibilities related to funding between AUTHORITY and CITY for the operating subsidy 17 funds for the Huntington Beach shuttle service (hereinafter referred to as "PROJECT") as further 18 defined in the project description section of the application for Measure M2, Project V Call for 19 Projects, received by OCTA on February 29, 2016; and 20 WHEREAS, AUTHORITY's Board of Directors (hereinafter referred to as "BOARD") approved 21 the Renewed Measure M2 Eligibility Guidelines - Local CITY Preparation Manual on 22 January 25, 2010 and subsequent amendments, most recently on April 11, 2016; and 23 WHEREAS, AUTHORITY's BOARD approved the Comprehensive Transportation Funding 24 Programs (CTFP) Guidelines on March 22, 2010; and 25 WHEREAS, AUTHORITY's BOARD approved the revised Project V - Community based Transit 26 Circulator Program Guidelines on November 23, 2015; and Page 10! 12 HB -366-Item 12. - 3 COOPERATIVE AGREEMENT NO. C-6-1481 1 WHEREAS, AUTHORITY will periodically update the Renewed Measure M2 Eligibility 2 Guidelines - Local CITY Preparation Manual and the CTFP Guidelines whereby the most recent update 3 is incorporated herein by reference; and 4 WHEREAS, AUTHORITY and CITY agree that M2 funding is subject to CITY fulfilling M2 eligibility requirements; and 6 WHEREAS, AUTHORITY and CITY agree that PROJECT must adhere to the CTFP Guidelines 7 precepts except where specific more detailed instruction is provided through Project V Guidelines or 8 within this Cooperative Agreement; and 9 WHEREAS, CITY intends to execute a grant subrecipient agreement with Transportation 10 Concepts whereby Transportation Concepts will be the service provider to administer, operate, maintain 11 and manage PROJECT and the CITY will act as a pass-through agency for administering annual 12 reimbursements and AUTHORITY required data consistent with the program guidelines; and 13 WHEREAS, CITY's fixed-route shuttle service is open to the public, and fully accessible for 14 persons with disabilities, in compliance with the Americans with Disabilities Act; and 15 WHEREAS, AUTHORITY's BOARD has approved Project V funding for PROJECT for up to 16 seven (7) years in the total amount not-to-exceed Nine Hundred Seventeen Thousand Seven Hundred 17 Seventy Dollars ($917,770) and AUTHORITY and CITY agree that the capital amount to be provided by 18 AUTHORITY is One Hundred Forty-Five Thousand Seven Hundred Thirty-Nine Dollars ($145,739) and 19 the annual operating subsidy will be provided consistent with operating statistics as defined in the 20 Project V Guidelines in an uninfiated amount of Seven Hundred Seventy-Two Thousand Thirty One 21 Dollars ($772,031). 22 WHEREAS, CITY has agreed to provide a minimum of ten percent (10%) local match for a 23 minimum capital purchases of Sixteen Thousand One Hundred Ninety-Three Dollars ($16,193) and 24 additional local match for operations and maintenance costs to meet operating expenses not covered 25 by AUTHORITY; and 26 / Page 2 of 12 HB -367-Item 12. - 4 COOPERATIVE AGREEMENT NO. C-6-1481 WHEREAS, this Cooperative Agreement defines the specific terms, conditions, roles and funding responsibilities between AUTHORITY and CITY for PROJECT(s); and WHEREAS, AUTHORITY's BOARD approved this PROJECT on June 13, 2016; and WHEREAS, CITY's Council approved this Cooperative Agreement on this day of 2016; NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and CITY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Cooperative Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Cooperative Agreement between PARTIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Cooperative Agreement shall not affect the validity of other term(s) or condition(s) of this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of CITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and CITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. C. CITY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of CITY's right to such performance or to future performance of such term(s) or Page 3 of 12 HB -368-Item 12. - 5 COOPERATIVE AGREEMENT NO. C-6-1481 condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon CITY except when specifically confirmed in writing by an authorized representative of CITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. ARTICLE I SCOPE OF AGREEMENT This Cooperative Agreement specifies the roles and responsibilities of both AUTHORITY and CITY as they pertain to the subject and PROJECT addressed herein. Both AUTHORITY and CITY agree that each will cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any other supplemental agreements, including Letter Agreements, which may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY AUTHORITY agrees to the following responsibilities toward CITY for PROJECT: A. Upon invoice, AUTHORITY to provide CITY operating subsidy in the amount not-to- exceed Seven Hundred Seventy-Two Thousand Thirty-One Dollars ($772,031) ("Funding Amount") for up to seven (7) years consistent with Exhibit A: City of Huntington Beach Project V Estimated Funding Schedule. Operating subsidy will be no more than Nine Dollars ($9.00) per boarding consistent with Exhibit A or ninety percent (90%) of operations and maintenance costs whichever is lower. B. AUTHORITY to provide PROJECT funding for capital purchases in the amount not-to- exceed One Hundred Forty-Five Thousand Seven Hundred Thirty-Nine Dollars ($145,739). C. AUTHORITY to provide funding in accordance with the BOARD-approved Revised Project V Guidelines. Funding may be discontinued in the event that the Minimum Performance Standards, as outlined in the Revised Project V Guidelines, are not met. D. In the event that the Minimum Performance Standards are not met after first and second year of service and maintained every year thereafter AUTHORITY shall provide sixty (60) days' notice to CITY that support for service will be discontinued. Page 4 of 12 HB -369-Item 12. - 6 COOPERATIVE AGREEMENT NO. C-6-1481 ARTICLE 4. RESPONSIBILITIES OF CITY CITY agrees to the following responsibilities toward AUTHORITY for PROJECT: A. CITY to provide eligible local match funds in the amount of ten percent (10%) of required cost in accordance with Exhibit A: City of Huntington Beach Project V Estimated Funding Schedule OR the balance of net operations and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding and inflated annually consistent with Exhibit A, whichever is greater. B. If CITY receives operating subsidy for PROJECT use from any other non-AUTHORITY source, CITY will not invoice AUTHORITY for the amount received from the other non-AUTHOR1TY source(s). C. CITY will notify AUTHORITY regarding any non-OCTA revenues received for PROJECT, and AUTHORITY funds may not pay for services already supported through these non-OCTA revenues. D. CITY shall provide to AUTHORITY actual revenue vehicle miles, boardings, and operating and maintenance cost related to PROJECT service on a quarterly basis. E. CITY to act as a pass-through agency for administering annual reimbursements and AUTHORITY required data consistent with the program guidelines whereby Transportation Concepts as party to a grant subrecipient agreement with the CITY will be the service provider to administer, operate, maintain and manage PROJECT. F. CITY service shall meet minimum standard of six (6) boardings per revenue vehicle hour, which must be achieved within the first twelve (12) months of operation and ten (10) boardings per revenue vehicle hour within twenty-four (24) months of operation and every year thereafter. G. CITY shall provide separate and distinct cost accounting for all fixed route and special event services. H. CITY may request a time extension in accordance with the procedures identified in the CTFP Guidelines to use any operating funds not used and available at the end of the initial seven (7) year term. Page 5 of 12 HB -370-Item 12. - 7 COOPERATIVE AGREEMENT NO. C-6-1481 1 I. CITY shall notify AUTHORITY of any non-AUTHORITY revenues received for the 2 PROJECT. 3 J. CITY shall include and identify any non-AUTHORITY or grant revenues received along 4 with any requirements associated with external fund sources for PROJECT in payment to AUTHORITY 5 for local match. 6 K. CITY will invoice AUTHORITY within sixty (60) days to receive annual reimbursement 7 per Exhibit A: City of Huntington Beach Project V Estimated Funding Schedule and consistent with 8 Article 5 below. 9 ARTICLE 5. REQUEST FOR REIMBURSEMENT 10 A. CITY shall contribute matching funds, as is specified within this Cooperative Agreement 11 in Article 4, Paragraph A, toward the actual costs of PROJECT. 12 B. CITY shall invoice AUTHORITY within sixty (60) days to receive annual reimbursement 13 per Exhibit A: City of Huntington Beach Project V Estimated Funding Schedule and shall provide 14 supporting documentation according to the payments procedures identified in the CTFP Guidelines and 15 incorporated into this Cooperative Agreement. CITY's invoice shall include allowable PROJECT costs 16 incurred and paid for by CITY consistent with the PROJECT's Scope of Work. The invoice submitted 17 by CITY shall be signed by an authorized agent who can duly certify the accuracy of the included 18 information. Advance payments by AUTHORITY are not allowed. 19 C. The invoice must be submitted on CITY's letterhead. 20 D. The invoice shall be submitted by CITY and in duplicate to AUTHORITY's Accounts 21 Payable Office. Each invoice shall include the following information: 22 a. Cooperative Agreement Number C-6-1481; 23 b. The total of PROJECT expenditures shall specify the percent and 24 amount to be reimbursed which shall not exceed ninety percent (90%) of the balance of net operations 25 and maintenance costs after AUTHORITY has paid Nine Dollars ($9.00) per boarding, in accordance 26 with Exhibit A: City of Huntington Beach Project V Estimated Funding Schedule. In addition, if CITY Page 6 of 12 HB -371-Item 12. - 8 COOPERATIVE AGREEMENT NO. C-6-1481 receives operating subsidy from any other non-AUTHORITY source for PROJECT use, CITY shall not invoice AUTHORITY for the amount received from the other non-AUTHORITY source(s). Supporting documentation for all expenses must be provided including invoices. c. Adequate detail describing all work completed. d. Documentation providing evidence that Transportation Concepts has been paid by CITY. e. Each invoice for operation and maintenance subsidy shall include the following operating statistics for the fiscal year (July 1 through June 30) to date: revenue vehicle hours, total boardings, boardings per revenue vehicle hour, operating costs, net operating costs (Costs less fares), reimbursement per net operating costs, and reimbursement per boarding. f. Certification signed by CITY or his/her designated alternate that a) The invoice is a true, complete and correct statement of reimbursable costs and progress; b) The backup information included with the invoice is true, complete and correct in all material respects; c) All payments due and owing to subcontractors and suppliers have been made; d) Timely payments will be made to subcontractors and suppliers from the proceeds of the payments covered by the certification and; e) The invoice does not include any amount which CITY intends to withhold or retain from a subcontractor or supplier unless so identified on the invoice. g. Such other information as requested by AUTHORITY. E. Total payments shall not exceed the Funding Amount specified in Article 3, paragraph A. F. CITY shall submit final invoice no later than one hundred eighty (180) days after completion of PROJECT. ARTICLE 6. DELEGATED AUTHORITY The actions required to be taken by CITY in the implementation of this Cooperative Agreement are delegated to its Director of Public Works, or his/her designee, and the actions required to be taken by AUTHORITY in the implementation of this Cooperative Agreement are delegated to AUTHORITY's Chief Executive Officer or his designee. Page 7 of 12 HB -372-Item 12. - 9 COOPERATIVE AGREEMENT NO. C-6-1481 ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and CITY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, CITY shall permit the authorized representatives of the AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of CITY for a period of five (5) years after final payment, or completion of audit by the AUTHORITY, or after final payment of debt service, whichever is longer. For purposes of audit, the date of completion of this Cooperative Agreement shall be the date of AUTHORITY's payment of CITY's final billing under this Cooperative Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with CITY's contractor(s). ARTICLE 8. MUTUAL INDEMNIFICATION A. To the fullest extent permitted by law, CITY shall defend (at C1TY's sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (CITY's employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful misconduct of CITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHOR1TY's sole cost and expense with legal counsel reasonably acceptable to CITY), indemnify, protect, and hold harmless CITY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, Page 8 of 12 HB -373-Item 12. - 10 COOPERATIVE AGREEMENT NO, C-6-1481 • 1 arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal 2 costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to 3 or death of persons (AUTHORITY's employees included), for damage to property, including property 4 owned by CITY, or from any violation of any federal, state, or local law or ordinance, alleged to be 5 caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, 6 employees or agents in connection with or arising out of the performance of this Cooperative 7 Agreement. C. The indemnification and defense obligations of this Cooperative Agreement shall survive 9 its expiration or termination. 10 ARTICLE 9. ADDITIONAL PROVISIONS: 11 PARTIES agree to the following mutual responsibilities: 12 A. Term of Agreement: This Cooperative Agreement shall continue in full force and effect 13 on an annual basis, subject to meeting minimum performance standards of ridership or 14 December 31, 2023, whichever is earlier. This Cooperative Agreement may only be extended upon 15 mutual agreement by both PARTIES. 16 B. Termination: In the event either Party defaults in the performance of their obligations 17 under this Cooperative Agreement or breaches any of the provisions of this Cooperative Agreement, 18 the non-defaulting Party shall have the option to terminate this Cooperative Agreement upon thirty (30) 19 days' prior written notice to the other Party. 20 C. Termination for Convenience: Either Party may terminate this Cooperative Agreement 21 for its convenience by providing thirty (30) days' prior written notice of its intent to terminate for 22 convenience to the other Party. 23 ID. Amendments: This Cooperative Agreement may be amended in writing at any time by 24 the mutual consent of all PARTIES. No amendment shall have any force or effect unless executed in 25 writing by all PARTIES. 26 E. PARTIES shall comply with all applicable federal, state, and local laws, statues, Page 9 of 12 HB -374-Item 12. - 11 COOPERATIVE AGREEMENT NO. C-6-1481 ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. F. Legal Authority: PARTIES hereto consent that they are authorized to execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Agreement, the PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. G. Severability: If any term, provision, covenant or condition of this Cooperative Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Cooperative Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. I. Force Majeure: Each of the PARTIES shall be excused from performing its obligations under this Cooperative Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. J. Assignment: Neither this Cooperative Agreement, nor any of the PARTIES' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by any PARTY without the prior written consent of the other PARTIES in their sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall not be deemed consent to any subsequent assignment, nor the Waiver of any right to consent to such Page 10 of 12 HB -375-Item 12. - 12 COOPERATIVE AGREEMENT NO, C-6-1481 I I subsequent assignment. 2 K. Governing Law: The laws of the State of California and applicable local and federal 3 II laws, regulations and guidelines shall govern this Cooperative Agreement. 4 L. Litigation fees: Should litigation arise out of this Cooperative Agreement for the 5 II performance thereof, each PARTY shall bear its own fees and expenses, including attorneys' fees. 6 M. Notices: Any notices, requests, or demands made between the PARTIES pursuant to 7 II this Cooperative Agreement are to be directed as follows: To CITY: To AUTHORITY: , City of Huntington Beach Orange County Transportation Authority 2000 Main Street Huntington Beach, California 92648 550 South Main Street P. 0. Box 14184 Orange, CA 92863-1584 Attention: Bob Stachelski Attention: Donald Herrera City Transportation Manager Contracts Administrator 714-536-5523 bstachelski@surfcity-hb.org Tel: 714-560-5644 E-mail: dherrera@octa.net With a copy that shall not constitute Notice to: Cc: Sam Kaur Section Manager, Measure M Local Programs skaur@octa.net 22 23 II N. Successors and Assigns: The provisions of this Cooperative Agreement shall bind and inure to the benefit of each of the PARTIES hereto, and all successors or assigns of the PARTIES 8 9 10 11 12 13 14 15 16 17 18 19 20 21 hereto. This Cooperative Agreement shall be made effective upon execution by both PARTIES. Page 11 of 12 24 25 26 HB -376-Item 12. - 13 10 " 11 12 By: APPROVED AS TO FORM: Attorney IREVIE'WED AND APPROVED: 14 15 City Manager 16 17 13 18 19 20 21 22 Dated: 23 170-di------9 ---,A, INITIATED AND APPROVED: Direcnoy nNVofli Dated: COOPERATIVE AGREEMENT NO. C-6-1481 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No. C-6-1481 to be executed on the date first above written. 3 4 5 6 7 8 CITY OF HUNTINGTON BEACH A California municipal corporation By: Mayor By: City Clerk ORANGE COUNTY TRANSPORTATION AUTHORITY By: Darrell Johnson Chief Executive Officer APPROVED AS TO FORM: By: James Donich General Counsel APPROVAL RECOMMENDED: By: Kia Mortazavi Executive Director, Planning 24 25 26 Page 12 of 12 HB -377-Item 12. - 14 :.$122,545•••• Operations OCTA Operations - 90% 'LOcaf-Match:10%. Total Operations $110,290 $12,254. $122,545 $772,031 $85,7811 $857,812' Capital OCTA Capital -90% Local Match - 10% Total Capital COOPERATIVE AGREEMENT NO. C-6-1481 EXHIBIT A City of Huntington Beach Project V Estimated Funding Schedule Year :2 Year 3:Year 4: : Year 5 :" Year 5: : : FY 17/18 FY 18/19 Fyi2olzt:FY 21/22 Yearl FY 107 Year 7 'FY22i23' $145,739 • $161. ;932. !, .$11 .0290 $110,290 S110,290. •.$110,290 $12254 $12254 $12254 $1224 $12254 $12245 .• :$122,545.. ....$122,545.:. • •...$122;.545 Total OCTAHhare Total Local Share Total Project Cost Total OCTA Percentage: Total City Match Percentage $917,770 $101,974 • :90%.: HB -378-Item 12. - 15 streets & transportation Project V Transit Svc PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 Planning 15,000$ 10,000$ 10,000$ 10,000$ 10,000$ Construction 45,000$ -$ -$ -$ -$ Project Management 5,000$ 5,000$ 5,000$ 5,000$ 5,000$ Operations 111,680$ 115,030$ 118,481$ 122,036$ 125,697$ Other 8,132$ 12,297$ 11,952$ 11,596$ 11,230$ TOTAL 184,812$ 142,327$ 145,433$ 148,632$ 151,927$ FUNDING SOURCES FY 16/17 FY 17/18 FY 18/19 FY 19/20 FY 20/21 AQMD (201)25,000$ 20,000$ 20,000$ 20,000$ 20,000$ OCTAI(873)151,812$ 114,327$ 117,433$ 120,632$ 123,927$ Visit HB 8,000$ 8,000$ 8,000$ 8,000$ 8,000$ TOTAL 184,812$ 142,327$ 145,433$ 148,632$ 151,927$ TOTAL PROJECT COST:773,131$ Annual savings:$2,000 PROJECT TYPE:New CATEGORY: Transportation CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Community-based Local Transit Service Provide a free local transit shuttle service during the peak summer days between Memorial Day and Labor Day, with additional services on weekends approximately 1 month before and after daily service period. Transit serves 15.4 mile loop within City. PROJECT NEED: This is a new service partially funded by OCTA to supplement current transit services. It provides a free option for residents and visitors to travel through many parts of the City without use of an automobile or the need for parking. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:NA Bob Stachelski Improve quality of life SCHEDULE: Project Planning Complete:FY 2016/17 Annual Service Dates:FY 2016/17 PROJECT LOCATION MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS:HB -379-Item 12. - 16 City Attorney me./ ITIATED AND APPROVED: RESOLUTION NO, 2017-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A REVISED CAPITAL IMPROVEMENT PROGRAM FOR THE YEARS 2016/2017 THROUGH 2022/2023 WHEREAS, on November 6, 1990, the Orange County voters approved Measure M, the revised Traffic Improvement and Growth Management Ordinance, for twenty years (1991-2011); and In 2011 the County enacted Ordinance No. 3, renewed Measure M, a thirty year (2011- 2041), multi-billion dollar program extension of the original Measure M; and Ordinance No. 3, Renewed Measure M Net Revenues are funded from the transactions and use tax plus any interest or other earnings-after allowable deductions; and Net Revenues may be allocated to local jurisdictions for a variety of programs identified in Ordinance No. 3, Renewed Measure M; and Compliance with the eligibility requirements established in Ordinance No. 3, Renewed Measure M must be established and maintained in order for local jurisdictions to receive Net Revenues; and One of the eligibility requirements for Ordinance No. 3, Renewed Measure M is the adoption of a Capital Improvement Program for the years 2016/2017 through 2022/2023, On August 1, 2016, the City enacted Resolution 2016-46 in part adopting a Capital Improvement Program to participate in Ordinance No. 3, Renewed Measure M. Since adoption of Resolution 2016-46 the City has determined that additional projects need to be included in the Capital Improvement Program for funding. Exhibit "A" includes additional projects for funding. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: That the Revised Capital Improvement Program for Ordinance No. 3, Renewed Measure M, as set forth in the attached Exhibit "A" and incorporated by this reference is hereby adopted; and That Resolution 2016-11 is repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. REVIEWED AND APPROVED: City Manager 15-4799/150264.doc HB -380-Item 12. - 17 EXHIBIT A HB -381-Item 12. - 18 FUND NAME - Other AQMD PERCENT: 2.68 97.32 ESTIMATED COST' . $5,000 $181,495 $186,495 PROJECTED COST NOTE6. $5,000 Annual Maintenance $181,495 $186,495 1211312016 Measure M 1 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 202212023 Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): TOW Description: Project Description: Huntington Beach Adams Avenue Traffic Signal Synchronization and Communication Equipment Upgrades 13-OCTA-TSP-3663 From Beach Boulevard to City Boundary (Multi Jurisdictional) Systems Management Communications intertie between agency and Ca'trans to manage traffic Provide operational and infrastructure improvements. 19/29 'Est/mated Cost ;Pio:lett. ed,tottli $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $181,495 $0 $0 $0 $0 $0 $181,495 $181,495 $0 $5,000 $0 $0 $0 $0 $5,000 $5,000 $181,496 $6,000 $0 $0 $0 $0 $0 $186,495 $ 186,496 FUND NAME General Fund M2 Fairshare Other Prop 42 Agency: Huntington Beach Project Name: Arterial Rehabilitation Type of Work (TOW): Road Maintenance PERCENT 011MATED:COST 22.73 $1,000,000 45.45 $2,000,000 27.27 $1,200,000 4.55 $200,000 $4,400,000 PROJECTED COST NOTE4: $1,000,000 $2,000,000 $1,200,000 Infrastructure Fund $200,000 $4,400,000 Project Number: Project Limits: Heil Ave (Edwards-Springdale), Atlanta Ave (Delaware-Beach), and inclianpolis Ave (Beach-Maonolia) TOW Description: Rehabilitation of roadway Project Description: Rehabilitate Artrerial's Heil Avenue, Atlanta Avenue, and Indianapolis Avenue littert Phase•.: C/1 OW 19/20 .20/21 $0 $0 $0 50 21/22 $0 $0 $0 $0 Estir4iate4Sost $0 $56,060 $0 $0 $0 $4,350,000 $0 $0 PrOkadted..Costi $50,000 $0 $4,350,000 $0 $50,000 $0 $4,350,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,400,000 $0 $0 $0 $0 $0 $0 $4,400,000 $ 4,400,000 HB -382-Item 12. - 19 $0 $0 PERCENT 63.80 $0 36.20 $0 $0 : • . . . I .. . . . . .:PROJECTED totr NOTES $o Regional Surface Transportation Grant (RSTP) i • : • • PURI):•NAME M2 Fairshare Other ........... . •!Prelect:Phase: C/I O&M 20/21' 21/22: $0 $0 $0 $0 $0 $0 50 $0 Estimated Cost $0 $0 $0 $0 Prolected Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4 $0 12113/2016 Measure M 2 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): TOW Description: Project Description: Huntington Beach Arterial Rehabilitation Gothard Street and Center Avenue Gothard St (Edinger to McFadden) and Center Ave. (Gothard to Railroad Tracks) Road Maintenance Rehabilitation of roadway Rehabilitate Pavement including replacement of concrete and addition of ramps. This project was an amendment to FY 15/16 CIP. ENM Gas Tax PERCNT 100.00 PROJ4C4ED COST:: NOTES $1,400,000 $1,400,000 $1,400,000 $1,400,000 Project Phase:.:.!.: :;•!•: : . •; ; C/I O&M tii6it68 Coal $0 $0 $1,400,000 $0 :Preezted. Cost $0 $0 $1,400,000 $0 18/19 19/20 20/21 21/22 2 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4 $0 $0 $0 $0 $0 $1,400,000 $0 $0 $0 $0 $0 $0 $1,400,000 $ 1,400,000 Agency: Huntington Beach Project Name: Arterial Rehabilitation; Adams Ave (Beach to Newland) and Atlanta Ave (Beach To Newland) Project Number. Project Limits: Adams Avenue (Beach to Newland) and Atlanta Avenue (Beach To Newland) Project Description: Pavement rehabilitation for two arterial segments including replacement of concrete and trees. This project is a carryover from FY 15/16 CIP. Type of Work (TOW): Road Maintenance TOW Description: Rehabilitation of roadway $0 $0 $0 $o $0 $0 $0 $0 $ 0 HB -383-Item 12. - 20 Agency: Huntington Beach Project Name: Atlanta Avenue Widening Project Number: 15-HBCH-ACE-3770 Project Limits: Atlanta Avenue (Huntington St. to Delaware St.) tRTiMATED COST • $0 $0 $0 PROJECTED COST NOTES$0 $0 25% Match to previously approved M2 ACE $0 .• • •.• • :• .•• : . PERCENT.: 75.00 1.:INC) NAME M2 ACE 25,00 General Fund Project Phase. C/I O&M Estimated Cost $0 $0 $0 $0 :PrOiebte: d:CoSt $0 $0 $0 $0 18/17: !:20/21:: 21/22:: : 18119H . . . $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Water Fund PERCENT 16.94 1.08 72.74 9.24 FUND NAME Gas Tax M2 Fairshare Other Prop 42 Project Number: Project Limits: Agency: Huntington Beach Project Name: Bridge Preventative Maitenance Magnolia Street and Brookhurst Street Bridge at Pacific Coast Highway Type of Work (TOW}: Road Maintenance TOW Description: Bridge i..uttakuar NOTES'- $708,329 $703,329 $45,000 $45,000 $3,040,931 $3,040,931 $386,273 $386,273 $4,180,533 $4,180,533 12/13/2016 Measure M 3 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Type of Work (TOW): TOW Description: Project Description: Road Widening Add 1 lane to existing roadway in project limits This project will widen the south side of Atlanta Avenue. This project is carryover from FY 15116 GIP. $0 $0 $0 $0 $0 $0 $0 $0 $ 0 Project Description: Provide Design and Construction of City Bridges including Roadway. This project was included as an amendment to FY 15116 C1P. Proiect:Pnase: 21/22' 2/23.. :Fstimated Cost $924,533 $0 $3,256,000 $0 Projected Coat: $924,533 $0 $3,256,000 $0 C/I O&M $924,533 $0 $3,256,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $4,180,633 $0 $0 $0 $0 $0 $0 $4,180,633 $ 4,180,533 HB -384-Item 12. - 21 Agency: Project Name: Project Number: Project Limits: Huntington Beach Brookhurst Street and Adams Avenue Intersection Improvement 11-HBCH-ICE-3526 (Eng only) Intersection of Brookhurst Street and Adams Avenue 12/13/2016 Measure NI 4 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 FUND NAME : . : :j'ilFt. C.EI:s11:'::. ::. : , ESTIMATED COST :: PROJECTED COST :: NOTES: ! : Gas Tax 1.19 $84,604 $87,590 M2 ICE 3.57 $253,809 $262,769 11-HBCH-ICE-3526 Unfunded 95.23 $6,761,587 $7,000,274 $7,100,000 $7,350,633 Type of Work (TOW): intersection TOW Description: Add through and right turn lanes to intersection Project Description: Add through lanes and right turn pockets to intersection to improve traffic flow and reduce congestion. .freiect Phase C/I O&M E:i21W Estimated Cast: $0 $2,900,000 $4,200,000 $0 Prolected iCost $0 $2,963,800 $4,386,833 $0 $o $0 $0 $0 $0 $2,900,000 $0 $0 $0 $0 $4,200,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $2,900,000 $4,200,000 $0 $0 $0 $0 $7,100,000 $ 7,360,633 Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): TOW Description: Project Description: Huntington Beach Brookhurst Street Synchronization 16-OCTA-TSP-3794 Garfield Avenue to Pacific Coast Highway Traffic Signals Interconnect traffic signals to improve coordination and communication Provide operational and infrastructure improvements. This is a corridor project managed by OCTA and funding reflets planned improvements within Huntington Beach only. EUND.ENAME General Fund M2 TSSP AOMD 1.19 73.36 25.46 :E_STIMATED COST $10,000 $618,757 $214,733 $843,490 PROJECTED COST $10,440 $645,955 $224,172 $880,567 'NOTES': • Prittiecf Phase . . : C/I O&M 1 :16/17 Estimated Coat $0 $0 $833,490 $10,000 proilicteri Csist $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $833,490 $0 $0 $0 $0 $5,000 $0 $0 $0 $5,000 $0 $0 $0 $0 $0 $870,567 $10,000 $0 $0 $833,490 $5,000 $6,000 $0 $0 $843,490 $ 880,567 HB -385-Item 12. - 22 PERGENt 35.28 6.58 58.14 M2 ECP Tier II Project Limits: FUND NAME• Gas Tax General Fund $25,403 $4,739 $41,858 $72,000 Agency: Huntington Beach Project Name: Bushard/Adams Water Quality Project Project Number: 14-HBCH-ECP-3732 Frontage median on Bushard and Adams ..::ESTIVIATED:COST: $25,403 $4,739 $41,858 $72,000 1211312016 Measure M 5 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Type of Work (TOW); TOW Description: Project Description: Environmental Cleanup Irrigation system retrofits to reduce runoff Retrofit asphalt frontage medians on Bushard Street and Adams Avenue with hio-retention swales for water quality. Pioiea Phase i9/21 21/22 02)21:.: 'Estimated Cost. PrOlacted Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 It $0 $0 $0 $0 $0 $0 $0 $0 $0 C/I $0 $0 $0 $0 $0 $0 $0 $0 $0 O&M $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $0 $72,000 $72,000 $12,000 $12,000 $12,000 $12,000 $12,000 $12,000 $0 $72,000 $ 72,000 Agency: Project Name: Project Number: Project Limits; Huntington Beach City of Huntington Beach Seasonal Transit Circulator 16-HBCH-CBT-3826 Citywide ELLNDNAME.: i General Fund M2 Transit - V $,ErttENT.: 10.00 90.00 fittIMATED.a0ST $101,977 $917,770 $1,019,747 PROJECTED 'COST: $191,977 $917,770 $1,019,747 Type of Work (TOW): TOW Description: Project Description: Transit New Service Provide Seasonal Transit Service by adding additional free local shuttle service connections within the City from Memorial Day to Labor Day and selected weekends. Pitired Phase: C/I O&M 22/2 Estiniated Cost Proie'cled Cost. $0 $0 $0 $0 $161,932 $161,932 $857,815 $857,815 $0 $0 $161,932 $122,545 $0 $0 $0 $122,545 $0 $0 $0 $122,545 $0 $0 $0 $122,545 $0 $0 $0 $0 $122,545 $0 $0 $122,545 $284,477 $122,545 $122,645 $122,545 $122,545 $122,546 $122,545 $1,019,747 $ 1,019,747 HB -386-Item 12. - 23 Agency: Project Name: 77.94 FUND NAME. M2 TSSP AQMD 22.06 Project Limits: Huntington Beach Edinger Avenue Traffic Signal Synchronization Project Number: 12-OCTA-TSP-3625 Edinger Avenue from Balsa Chios Street to State Route-55 ESTIMATED COST; PROJECTED:COST:. NOTES $1,669 $1,669 OCTA anticipated expenditures $473 $473 AQMO $2,142 $2,142 stimated cost $0 $0 $0 $2,142 $2,142 ......... . ........ ro:eo ed Cost . . . $0 $0 $0 $2,142 $ 2,142 D/21 : 21/22: $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 12/1312016 Measure M 6 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Huntington Beach FroJed Name: Concrete Replacements Project Number: Project Limits: Citywide E.4111P General Fund 100.00 • •••••• ••., • ,.•••••••••• •• :•EBTIMATED.COST...:: $1,250,000 $1,250,000 piojggio:CCer: $1,306,223 $1,306,223 Type of work (TOW): Pedestrian TOW Description: Project Description: Reconstruction or rehabilitation of sidewalk Replace damaged concrete sidewalks or curb and gutter throughout the City. This is annual program with locations selected throughout Huntington Beach at streets where an overlay is required by PMP. This project was an amendment to FY 15/16 CIF. 20/21 :•22123.:•: Estimated 66.st $0 $0 $1,250,000 $0 $1,250,000 Picieoted Coe: C/1 O&M $0. $0 $250,000 $0 $250,009 $0 $0 $250,000 $0 $260,900 $0 $0 $250,000 $0 $260,000 $0 $0 $250,000 $0 $250,000 $0 $0 $250,000 $0 $250,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,306,223 $0 $ 1,306,223 Type of Work (TOW): TOW Description: Project Description: Ph:114ot Phase' C/I O&M Systems Management Communications intertie between agencies to manage traffic Provide operational and infrastructure improvements (multijurisdictional project including Caltrans, Westminster, Fountain Valley, and Santa Ana) City work includes signal timing and traffic signal interconnect cable. 446: $0 $0 $0 $2,142 $2,142 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 HB -387-Item 12. - 24 12/1312016 Measure M 7 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): TOW Description: Project Description: Huntington Beach Edinger Avenue Widening South Side of Edinger Avenue from Beach Boulevard to Parkside Lane Road Widening Widen width of existing traffic lanes Extend the Right Turn Lane on Southside of Edinger Avenue. This project was an amendment to the FY 15/16 CIP. Impact Fees :PERCENT::: ::ESTIMATED:COST:.:. 100.00 $600,000 $600,000 • • • : . PROJECTED COST • • $600,000 $600,000 Agency: Huntington Beach Project Name: First Street Diversion PrbjeCt Ptiage C/I O&M $0 $0 $600,000 $0 $600,000 $0 $0 General Fund $0 : PERCENT : 100.00 $0 E.Slitilkt:E13.666E14. $7,546 Estimated $0 $0 $600,000 so $600,000 P.Oiected Cost $0 $0 $600,000 $0 $ 600,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 OROjECTkei•COSt •1401-8.,5: $7,548 Project Number: 12-HBCH-ECP-3621 $7,548 $7,648 Project Limits: First Street near Pacific Coast Highway Type of Work (TOW): TOW Description: Project Description: • Proiebt Ptiote. O&M Environmental Cleanup Runoff Diversion Design and install a SCADA system and flow weir for the First Street Urban Runoff Discharge Permit with OCSD to protect water qualiity of City and Pacific Ocean. TY./i6!: $0 $0 $0 $1,258 $0 $0 $0 $1,258 Estimated o: ,:::Protected Cost: „ $0 $0 $0 $0 $0 $7,548 $7,548 ' ,1/22 22/23: $0 $0 $0 $1,258 $0 $0 $0 $1,258 $0 $0 $0 $0 $1,268 $1,268 $1,268 $1,268 $1,258 $1,258 $0 $7,548 $ 7,548 HB -388-Item 12. - 25 12/13/2016 Measure M 8 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Huntington Beach Project Name: General Street Maintenance for Public Works Project Number: Project Limits: Citywide FUN.M2 Fairshare PERPENI 100.00 .;gSTIMATED.COST.: $9,800,000 $9,800,000 :1:446.1CTEDat:OST ' NOTES:.:: $10,471,045 $10,471,046 Type of Work iTOW): TOW Description: Project Description: Pedestrian Reconstruction or rehabilitation of sidewalk Annual maintenance work for concrete, potholes and failed asphalt; O&M of traffic signals, replacement of striping and signage, including engineering and inspection as needed on an annual basis, This Work was added as an amendment to FY 15/16 CIP. Estimated Cost Cost : : Project Phase C/I O&M $0 $0 $1,400,000 $0 $0 $0 $1,400,000 $0 $0 $0 $1,400,000 $0 $0 $0 $1,400,000 $0 20/21 $0 $0 $1,400,000 $0 '21/22:: $0 $0 $1,400,000 $0 22/23 — $0 $0 $1,400,000 $0 $0 $0 $9,800,000 $0 $0 $0 $10,471,045 $0 1 6/17 17118 $1,400,000 $1,400,000 $1,400,000 $1,400,000 $1,400,000 $1,400,000 $1,400,000 $9,800,000 $ 10,471,045 Huntington Beach Goidenwest Street Traffic Signal Synchronization and Communication Equipment Upgrades 11-0CIA-TS P-3554 Goldenwest St. from State Route 22 to Pacific Coast Highway Traffic Signals Coordinate signals within project limits Provide operational and infrastructure upgrades including signal timing and installation of fiber optic cable along Goldenwest Street. Multijurisdictional project includes Caltrans and City of Westminster. Agency: Project Name: Project Number: Project Limits: Type of Work {TOW): TOW Description: Project Description: FUND NAME:... : PERCENT: STIMATEDCST PROJECTED COST NOTES M2 TSSP 78.02 $2,539 $2,539 AQMD 21.98 $715 $715 $3,254 $3,254 Pp:Wed:Phase C/I O&M 16/17: , N $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Etirnata $0 $0 $0 $3,254 Erojectedst $0 $0 $0 $3,254 $0 $0 $0 $3,254 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,254 $0 $0 $0 $0 $0 $0 $3,254 $ 3,254 HB -389-Item 12. - 26 Es ma Cost Prorecfeo Coat • ••• : : : " • $0 :$6: $0 $0 $0 $0 $30,000 $30,000 :19120 ;Z,011 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,000 $5,000 $5,000 12/13/2016 Measure M 9 Seven Year Capita! Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 202212023 Huntington Beach Huntington Beach Catch Basin Retrofit Project 14-HBCH-ECP-3742 City-wide FUND NAME: PERCENT ESTIMATED COST ; ::•PROJECTED COST NOTES: General Fund 100,00 $30,000 $30,000 Agency: Project Name: Project Number: Project Limits: $30,000 $30,000 Type of Work (TOW): Environmental Cleanup TOW Description: Catchment Retrofit Project Description: Retrofit 84 existing catch basins with Bio Clean Round Curb Inlet Filters. 18/17: $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $5,000 $0 $30,000 $ 30,000 Agency: Project Name: Project Number: Project Limits: Huntington Beach Huntington Beach Northwest Catch Basin Retrofit Project 13-HBCH-ECP-3687 City-wide in Northwest Part of City . . : kJ:rib NAME General Fund PERCENT 100.00 ia$111MATEDZOST $30,000 $30,000 PROJECTED COST: $30,000 $30,000 mou Type of Work (TOW): Environmenthl Cleanup TOW Description; Catchment Retrofit Project Description; Retrofit 126 existing catch basins with Bio Clean Round Curb Inlet Filters and Skimmer Box. Piti[bdt::Ptiatq 2o/: •22/23 Estimated Cost : Projected Cast $0 $0 $0 $o $0 $0 $0 $0 $0 $0 $0 $0 C/i $0 $0 $0 $0 $0 $0 O&M $5,000 $5,000 $5,000 $0 $30,000 $30,000 $6,000 $5,000 $5,000 $5,000 $5,000 $6,000 $0 $30,000 $ 30,000 HB -390-Item 12. - 27 16117: 20121:: 21/2.2 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $97,490 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 FUND NAME General Fund M2 TSSP AMID ; PERCENT . 1.36 71.42 27.21 : ESTIMATED COST: $10,000 $524,364 $199,789 $734,153 :...... :PROJECTED COST::: .NOTES $10,439 $547,372 $208,555 $766,366 PrOeet Phase: C/I O&M 18/19 $0 $0 $724,153 $0 Estimated Cost $0 $0 $724,153 $10,000 ProIected Co $0 $0 $756,366 $10,000 1611.7:: $0 $0 $0 $0 $0 $0 $0 $0 :19/20 $0 $0 $0 $5,000 : 2'012 0 $0 $0 $5,000 1:21122;: $0 $0 $0 $0 $0 $0 $0 $0 12/13/2016 Measure M 10 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Huntington Beach Project Name: Huntington Harbour Marina Trash Skimmers Project Number: 16-HBCH-ECP-3852 Project Limits: Various Locations within Huntington Harbour FUND:MRIA M2 ECP Tier I General Fund Other • PERCENT... 75.00 12,50 12.50 :EJTJ:MATEDSAST $73,118 $12,186 $12,186 $97,490 PROjECTEO;COST :Lni_OTES $73,118 $12,186 $12,186 Donations County $97,490 Type of Work (TOW): Environmental Cleanup TOW Description: Marina Trash Skimmer Project Description: Marian Trash Skimmers will be installed in various locations Proiect Phase : C/I O&M Estimated Cost $0 $0 $97,490 $0 Projected COSt: $0 $0 $97,490 $0 $97,490 $0 $0 $0 $0 $0 $0 $97,490 $ 97,490 Agency: Huntington Beach Project Name: magnolia Street Synchronization Project Number: 16-OCTA-TSP-3795 Prolest Limits: from Garfield Avenue to Pacific Coast Highway Type of Work {TOW): Traffic Signals TOW Description: Interconnect traffic signals to improve coordination and communication Project Description: Provide operational arid infrastructure improvements $0 $0 $724,153 $5,000 $5,000 $0 $0 $734,153 $ 766,366 HB -391-Item 12. - 28 1:6117l. 11.110.: 16J19:. g1/22: $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $5,075 $5,075 $5,075 $5,075 $5,075 $5,075 $0 1211312016 Measure M 11 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Huntington Beach Project NMTIO: McFadden/Edwards and Hell/Algonquin Catch Basin Retrofit Project Project Number: 11-HBCH-ECP-3573 Project Limits: City-wide FUND NAME- General Fund OERCENT-: 100.00 ESTIMATED NOTE4%:.., $34,450 $30,450 $30,460 $30,460 Type of Work (TOW): Environmental Cleanup TOW Description: Automatic Retractable Screen and other debris screens or inserts Project Description: Provide maintenance for catch basin screens, Preirect :PhaseY. O&M Eatiniated:COsi $0 $0 $0 $30,450 Projected COSI $0 $0 $0 $30,450 $6,076 $6,075 $6,076 $5,075 $5,075 $5,075 $0 $30,460 $ 30,460 Agency: Huntington Beach Project Name: Nichols Street Rehabilitation Project Number: Project Limits: Slater Avenue to Warner Avenue FUND NAME Gas Tax :PERCENT::. 100.00 : : • : •:ESTIMATED:COST $735,000 $736,000 PROJECTED :COST: : :NOTES $735,000 $736,000 Type of Work (TOW): TOW Description: Project Description: Road Maintenance Rehabilitation of roadway Rehabilitate asphalt pavement including sidewalk and curb and gutter removal. This project was added as as an Amendment to FY 15/16 CIP. ....... . ..projedt Phase :Estimated Cost ; :Projected $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 C/l $735,000 $0 $0 $0 $0 $0 $0 $735,000 $735,000 O&M $0 $0 $0 $0 $0 $0 $0 $0 $0 $735,000 $0 $0 $0 $0 $735,000 $ 735,000 HB -392-Item 12. - 29 : :1:9/20' $25,000 $0 $450,000 $0 Estimated:Cost:::• •$100,000 $0 $1,925,000 $0 Promoted:Cost.: $100.000 $0 $1,985,276 $0 15. lath $25,000 $25,000 $25,000 $0 $0 $0 $575,000 $450,000 $450,000 $0 $0 $0 $o $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 12/13/2016 Measure M 12 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Huntington Beach Project Name: Rehabilitation of Residential Tree Petition Projects Project Number: Project Limits: Typically one to three Residential Streets Gas Tax :PERGENT::. • 'ESIJIMIEDS-OaT:i 100.00 $2,025,000 $2,025,000 :OROJECTEDCOST: :NOM $2,085,276 $2,085,276 Type of Work (TOW): TOW Description: Project Description: Road Maintenance Rehabilitation of roadway Street improvements including concrete and landscaping replacement. This annual project takes streets from the City's tree petition program and provides rehabilitation to streets, This project was an amendment to the FY 15118 CIP. $600,000 $475,000 $475,000 $476,000 $9 $0 $0 $2,026,000 $ 2,086,276 Agency: Huntington Beach Project Name: Residential Curb Ramp Project Project Number: Project Limits: Ramps to be installed throughout City FUND NAME CDBG Gas Tax PERCENT . 100.00 0.00 . . ESTIMATED COST! $1,861,810 $0 $1,861,810 ... . ttist itOttl:.: • $1,991,226 $0 $1,991,226 Type of Work (TOW): Pedestrian TOW Description: Project Description: Installation of ADA access ramps Install ADA Access Ramps This is an annual project that will install Ramps at locations where we are providing an overlay to adjacent street. This project was an amendment to FY 15/16 CIP, Project Phase C/I O&M 20/21:: /22 :22/28: Estimated Cost Projected Cost $35,000 $0 $1,956,226 $0 $5,000 $0 $206,810 $0 $5,000 $0 $270,000 $0 $5,000 $0 $270,000 $0 $5,000 $0 $270,000 $0 $5,000 $0 $270,000 $0 $5,000 $0 $270,000 $0 $5,000 $0 $270,000 $0 $211,810 $275,000 $275,000 $275,000 $276,000 $275,000 $275,000 $1,861,810 $ 1,991,226 HB -393-Item 12. - 30 MILDAMIlfi: Gas Tax Other Other Road Maintenance Rehabilitation of roadway Agency: Huntington Beach Project Name: Residential Overlay Project Number: Project Limits: Citywide Type of Work {TOW): TOW Description: PERCENT!ESTIIMTED COST:: PROJECTED COST : NOTES 100.00 610,660,000 $11,150,027 0.00 $0 $0 0.00 $0 $0 $10,680,000 $11,160,027 Estimated Cbst $50,000 $0 $10,630,000 $0 .PrOjabted'Cost $50,000 $0 $11,100,027 $0 $0 $0 $0 $0 12/1312016 Measure M 13 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Project Description: :.V0A.Ot•PhaS6::: C/I O&M Provide cold mill and overlay of various streets throughout Huntington Beach. This annual project will provide street overlay rehabiliation based on the PMP ratings. This project was an amendment to FY 15/16 GIP. 16/17: .171111: .:: 8/1:9 :':::19/20 :::.. -20/21 ..:::••.,,, i.., .., $10,000 $10,000 $10,000 $10,000 $10,000 $0 $0 $0 $0 $0 $0 $0 $2,270,000 $2,090,000 $2,090,000 $2,090,000 $2,090,000 $0 $0 $0 $0 $0 $0 $0 21/22, $2,280,000 $2,100,000 $2,100,000 $2,100,000 $2,100,000 $0 $0 $10,680,000 $ 11,160,027 FUND NAME.; General Fund HSIP Agency: Project Name: Project Number: Project Limits: Huntington Beach Signal Modification at Goldenwes1 Street and Heil Avenue Intersection of Goldenwest Street and Heil Avenue :PERCT : :ESTIMIATY...O:aOST -i PROJECTED COST : : NOTES89.97 $0 $0 10.03 $0 $0 $0 SO Type of Work (TOW): TOW Description: Project Description: Traffic Signals Interconnect traffic signals to improve coordination and communication Install left turn arrows at intersection including interconnect conduit and cable on Goidenwest from Heil Ave. to Warner Ave. This project is a carryover from previous year FY 15/16 CIF. Prolect Phase. i19/20:: :Estimated Cost:.; ,Prolebted Cost' $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $ 0 HB -394-Item 12. - 31 Proi60t:Phiate C/I O&M 17(18 19/20 Df?1 $G $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 .'Estiriiated Cost: 166,666 $0 $180,000 $0 . . . p-oiected Cast $60',Ori0: $0 $180,000 $0 27123:. : $0 $0 $0 $0 $0 $0 $0 $0 12/13/2018 Measure M 14 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 202212023 Agency: Project Name: Project Number: Project Limits: Type of Work ITOW): TOW Description: Project Description: Huntington Beach Signal Modification at Gothard St/Talbert Ave, Gothard St/Heil Ave and Springdale St/McFadden Ave Intersections of Gothard/Talbert, Gothard/Heil, and Springdale/McFadden Traffic Signals Interconnect traffic signals to improve coordination and communication Add left turn signals and interconnect condiuti and cable. This project is a carryover from previous FY 15/16 CIP. Gas Tax FISIP PERCENT. 10.00 90.00 Wttokitti :car: $o $o $0 PROJECTED.COST; NOTES.;.. $0 $0 $0 :agiedt.f,j!tiVe!: C/I O&M :BetiMeted Costso $0 $0 $0 Pi'Diected Coat $0 $0 $0 $0 H71.16: ; :22/25:: $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $ 0 Agency: Huntington Beach Project Name: Traffic Channelization Modifications Project Number: Project Limits: Main Street and Ellis Avenue P6NO:NANIE! Gas Tax PERCENT :EkuldgrE1) COST: 100.00 $240,000 $240,000 ..... . . . ..... . : . PROjtdTEO $240,000 $240,000 Type of Work (TOW): Traffic Signals TOW Description: Replace and upgrade traffic signals and equipment Project Description: Median island modification along with removal of traffic signal $240,000 $0 $0 $0 $0 $0 $0 $240,000 $ 240,000 HB -395-Item 12. - 32 12113/2016 Measure M 15 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Type of Work {TOW): TOW Description: Project Description: Huntington Beach Traffic Signal Modification at Brookhurst Street & Indian polis Avenue Intersection of Brookhurst Street and Indianapolis Avenue Traffic Signals Replace and upgrade traffic signals and equipment Replace conduit, wiring and signal heads at intersection 'PERCENT' : : ESTIMATED COST PROjECTELICOST ::: NOTES Prop 42 100,00 $60,000 $60,000 $60,000 $60,000 :Project Phase. C/I O&M 19/20 :Of/Z2: $0 $0 $0 $0 Estimated Coat: $5,000 $0 $55,000 $0 r'ir>ieOtaci Cast Ss, 000 $0 $55,000 $0 $5,000 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $o $0 $55,000 $0 $0 $0 $0 $0 $0 $0 $60,000 $0 $0 $0 $0 $0 $0 $60,000 $ 60,000 Agency: Project Name: Project Number: Project Limits: Huntington Beach Traffic Signal Modification at Gothard Street and Center Avenue Intersectoin of Gothard Avenue and Center Avenue :RIND NAME : Gas Tax HSIP PERCENT: 10.02 89.98 :ESTMATED:COSTE $0 $0 $0 PROJECT C_O_SY NOTES. $0 $0 $0 Type of Work (TOW): TOW Description: Project Description: Traffic Signals Interconnect traffic signals to improve coordination and communication Install north/south left turn arrows and installation of interconnect conduit along Gothard between McFadden and Edinger. This project is a carryover from previous FY 15/16 CIP. .18/19 .19/21:1 Z1122 Estimated Cott; . ;•: ; ; . $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $01 $0 $0 $0 $0 $0 $o $ 0 HB -396-Item 12. - 33 .:PrOct Pjase. C/I O&M $0 $0 $265,000 $0 3/2o : $0 $0 $0 00 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 Estimated Cost .Preiected Cost $0 so so $0 $265,000 $265,000 $0 $0 $0 $0 $0 $0 12/13/2016 Measure M 16 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Huntington Beach Traffic Signal Modification at Gothard Street and Slater Avenue Intersection of Gothard Street and Slater Avenue MIND NAME' Gas Tax HSIP :PERCENT :ESTiNIATEOOOST 10.02 $0 89.98 $0 $0 PROJECTED:tOST::: NOTES:. $0 $0 $0 Traffic Signals Interconnect traffic signals to improve coordination and communication Install left turn arrows and interconnect conduit and cable on Slater Ave, from Goldwenwest to Gothard. This project is a carryover from previous FY 15116 CIP. Type of Work (TOW): TOW Description: Project Description: O&M 1:6/17. :19/20:: Estimated Cost Proiected Cost $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 so $0 $o $o $0 $0 $0 so $0 $o $o $0 $0 $0 so $0 $0 $o $0 $0 $0 $0 $0 $0 $0 Agency: Project Name: Project Number. Project Limits: Huntington Beach Traffic Signal Modification at Main Street and Florida Street Intersection of Main Street and Florida Street FUND NAME Prop 42 :..PERCENT 100.00 ; ESTIMATED,COST $265,000 $265,000 14OACTED:CoSt !NOTES:: $265,000 $265,000 Type of Work (TOW): Traffic Signals Tow Description: Replace and upgrade traffic signals and equipment Project Description: Replace poles, conduit wiring and signal heads at intersection $266,000 $o $0 $0 $0 $0 $0 $266,000 $ 265,000 HB -397-Item 12. - 34 1211312016 Measure M 17 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Huntington Beach Traffic Signal Modification at Newland Street and Slater Avenue Intersection of Newalnd Street ...... . . . . $0 $0 $0 PROJECTED COST : NOTES: $0 $0 $0 FUND:NAME::: Gas Tax HSlP 'PERCENT 10.00 90.00 Traffic Signals Interconnect traffic signals to improve coordination and communication Install left turn arrows and traffic signal controller and service for pedestrian signal. This project is a carryover from FY 15716 CIP. Type of Work (TOW): TOW Description: Project Description: Pri7ii.0aPhaaa;- 16/17.. :Om 18/19 ::19/20:i 20121: :EstIrnated Cast Projected Coat E SO $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 So $0 C/I $0 $0 $0 $0 $0 $0 $0 So $0 O&M $0 $0 $0 $0 $0 $0 $0 so $0 $0 $0 $0 $0 $0 $0 $0 $0 $ 0 Huntington Beach Traffic Signal Modification at Nichols Lane and Warner Avenue Intersection of Nichols Lane and Warner Avenue FUND NAME: - PEROENT :::: ESTIMATED COST : PROJECTED COST::: NOTE Prop 42 100.00 $70,000 $71,430 $70,000 $71,430 Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): Traffic Signals TOW Description: Replace and upgrade traffic signals and equipment Project Description: Replace conduit, wiring and signal heads 17/18:: 16/1..:9 2/:/2.2 $5,000 $0 $0 $0 $0 $0 $0 $0 $0 50 So SO $0 $65,000 $0 $0 $0 So $0 $0 $0 $0 $0 So .ESSLOated.:Cott $0 $o $o $0 $65,000 $0 $0 Projected Cast $5,000 So $66,430 $0 $6,000 $66,000 $0 $0 $0 $0 $0 $70,000 $ 71,430 HB -398-Item 12. - 35 12/1312016 Measure M 18 Seven Year Capital Improvement Program (Approved Projects Sorted by Project Name) Fiscal Years 2016/2017 through 2022/2023 Agency: Project Name: Project Number: Project Limits: Huntington Beach Utica Bicycle Boulevard from Main Street to Beach Boulevard Utica Avenue from Main Street to Beach Boulevard EUND NAME. Prop 42 BCIP PERCENT 0.00 100.00 iESTINIATED:COSTI•1 $0 $0 $0 . •••••• • •:••• ....• •:PROJECTED:COST,.::: $0 $0 $0 Type of Work (TOW): TOW Description: Project Description: Bikeways Widening of existing bike route Construct improvements to create a "Bicycle Boulevard", where bicycling is empasized over motor vehicle use. Project includes a new traffic signal, curb bulb-outs, signing & striping improvements. This project is a carryover from previous FY 15116 CIF. Prolect Phase 16L21 2122 22,23 154*-4ted Cost:: . . .. $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 C/I $0 $0 $0 $0 $0 $0 $0 $0 O&M $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $ 0 Huntington Beach Warner Avenue Traffic Signal Synchronization and Communication Equipment Upgrade 11-OCTA-TSP-3558 Warner Avenue from Pacific Coast Hwy to Red Hill Avenue Traffic Signals Coordinate signals within project limits Provide operational and infrastructure upgrades including signal timing and installation of fiber optic along Warner Avenue. Multijurisdictional project includes Caltrans and Cities of Fountain Valley, Santa Ana and Tustin. Agency: Project Name: Project Number: Project Limits: Type of Work (TOW): TOW Description: Project Description: KIND:NAME:: . M2 TSSP AQMD PERCEkT ESTIMATE79.17 $1,330 20.83 $350 $1,680 PROJECTED COST NQ: $1,330 OCTA anticipated expenditures $350 $1,680 Proikcj Pivse 18/19: ; ; 49/20' 20/21 21/22 Estimated cost: Pi'0166ted'Coit: $0 $0 $0 $0 $0 ia.- $0 $0 $0 $0 $0 $0 C/I $0 $0 $0 $0 $0 $0 O&M $0 $0 $0 $0 $0 $1,680 $1,680 $0 $0 $0 $0 $0 $0 $1,680 $ 1,680 HB -399-Item 12. - 36 RESOLUTION NO, 2016-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING SUBMISSION OF AN APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR COMPETITIVE FUNDING UNDER THE MEASURE M-2 PROGRAM FOR PROJECT V TO PROVIDE COMMUNITY-BASED TRANSIT/CIRCULATORS WHEREAS, the Orange County Transportation Authority (OCTA) makes state, federal and local funding available to the 34 incorporated cities and the County of Orange for eligible projects through a competitive process to improve all modes of surface transportation; and The OCTA Board of Directors (Board) approved the release of a call for projects for the Renewed Measure M (M2) Project V Community Based Transit/Circulators Funding Program on November 23, 2015; and The M2 Program establishes a competitive process to enable local jurisdictions to compete for funding to develop local bus transit services that complement regional transit services, and meet needs in areas not adequately serviced by regional transit; and The City of Huntington Beach seeks to relieve congestion, improve access to local destinations and enhance access to regional transit services within the City, including special services during the U.S. Open of Surfing and 4 th of July holiday by providing local a local transit circulator; and The City of Huntington Beach will provide necessary matching funds for the project through non-Measure M funding as required by the M2 program; and The program will supplement and expand, rather than supplant existing shuttle and transit services provided by OCTA and the City; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Director of Public Works or his/her designee is hereby authorized to submit a grant application to the Orange County Transportation Authority under Measure M Project V Community-Based Transit/Circulators Funding Program to obtain funds to contract for operations and maintenance services. 16-5134/132801 HB -400-Item 12. - 37 RESOLUTION NO. 2016-13 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 st day of March ,2016. 16-5134/132801 2 HB -401-Item 12. - 38 Res. No. 2016-13 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on March 21, 2016 by the following vote: AYES: NOES: ABSENT: ABSTAIN: Posey, O'Connell, Sullivan, Katapodis, Hardy, Delgleize, Peterson None None None City ClWrk and ex-officibiClerk of the City Council of the City of Huntington Beach, California HB -402-Item 12. - 39 CITY OF HUNTINGTON BEACH Public Works Department Travis K. Hopkins, PE Director of Public Works February 29, 2016 Orange County Transportation Authority Attention: Sam Kaur Section Manager Local Programs 2 nd Floor — Planning 600 S. Main Street Orange, CA 92863 RE: Project V Call for Projects Application: City of Huntington Beach Seasonal Local Transit Circulator Dear Ms. Kaur: The City of Huntington Beach is pleased to present our application for your consideration in the award of grant funds under Project V for the City of Huntington Beach Seasonal Local Transit Circulator. The project will serve several local visitor and local resident attractions with key connections to transit oriented development and underserved areas with a free transit alternative during the peak summer months and some extended weekend coverage. The program incorporates and expands on some current local shuttle services provided on summer weekends, on 4 th of July and during the US Open of Surfing event weekends. The City Council will consider adoption of the resolution attached to our application at their March 21, 2016 meeting. We will provide you with the adopted and signed copy by April 1. Should you have any questions, please contact me or the City's Transportation Manager, Bob Stachelski at (714) 536-5431. Sincerely, Travis K. Hopkins, PE Director of Public Works 2000 Main Street, California 92648+ Phone 714-536-5431• www.huntingtonbeachca.gov HB -403-Item 12. - 40 IIIN Orange County Transportation Authority OCTA PROJECT 'V' Community-Based Transit/Circulators Project Application Form I. APPLICANT INFORMATION Agency: City of Huntington Beach Primary Contact Name: Bob Stachelski Title / Department: Transportation Manager Phone: 714.536.5523 Email: bstachelskisurfcity-hb.orq III. PROJECT DESCRIPTION The proposed project will provide seasonal local transit service that will both supplement current OCTA services by providing additional connection opportunities to existing routes and provide local circulation connecting many of the City's key destinations and target communities. IV. MINIMUM ELIGIBILITY YES/NO A. Applicant eligible to receive M2 funding? El Y • N B. Meet any one of the following: Proposed project in Go Local Planning and/or 2011 Transit Study, or Supports Goals of Sustainable Communities Strategy? EYEN C. Supplement rather than supplant existing transit services? El Y • N D. Projects meet ADA requirements? EYON E. Financial plan for ongoing operations & maintenance? 111 Y p N F. Project approved by City Council and partner jurisdictions? El Y 0 N G. Local funding meets minimum 10°/0 match requirement? • Y • I. Applicant agrees to adhere to applicable FTA requirements? • Y • N City Council action to follow V. COST EFFECTIVENESS Operating Cost per Boarding Opening Year: 8.91 Annualized Operating & Capital Cost per Passenger: $ 13.87 VI. PROJECT READINESS Opening Year: By 2017 Phase Ready: ROW Acquired or Not Applicable VII. COMMUNITY CONNECTIONS Activity Centers Served: Senior Center(s) School(s) Retail Center(s) Special Event Venue(s) Connections to Existing Service II. FUNDING SUMMARY Total Project Cost: $ 196,080.00 Capital Funding: $ 45,000.00 Operating Reserve: $ 125,940.00 Applicant Match Rate: 10% Describe Source of Agency Funds: Air Quality Management District funds and private partner - Visit Huntington Beach (Local visitors Bureau) Level of Commitment: 2ommitment Letter Name of non applicants: Visit Huntington Beach APPLICATION CHECKLIST (guidelines) Complete Application Operating Incentive (4.0) 2 Commitment to 10 b/rvh Agree to collect 0 & M data quarterly Meets Minimum Eligibility (6.0) Funding Plan (8.0) O&M/Capital Financials Funding Needs Match Funding Availability Funding Assurances Partnership Arrangements Project Development Schedule O&M Facility Management Service Coordination Plan Financials (9.1) Council Resolution (9.3.1) Lease/Cost Agreements (9.3.2) Project Documentation (9.3.3) Operations Plan (9.3.4) Route Map w/ existing transit service Draft Time Table Headways Stop Location Listing Summary of Vehide Types Speed Profile 2 Fleet Size Updated 11/19/2015 HB -404-Item 12. - 41 m Application Page 2 OCTA PROJECT 'V' Community-Based Transit/Circulators Project Application Form FIXED-ROUTE BUS/RAIL CONNECTIONS AGENCY Number of fixed-route connections (w/in 1/4 mile): 20 City of Huntington Beach IX. TRANSIT USAGE Projected Average Daily Boardings 1st Year: (total annual boardings/annual operating days) 14,000 X. LOCAL REGIONAL BENEFITS (OPENING YEAR) Planned Employment Densities per Sq. Mile: 5,300 Planned Population Densities per Sq. Mile: 6,300 Projected Annual Visitors Served by Seasonal Route: 6,000,000 XI. SPECIAL EVENT TRANSIT Description(s) 4th of July, US Open of Surfing Remote Parking and resident shuttle. Includes expanded service frequency. Date(s) July 4, July 30, 31 & August 5, 6, 7 Time(s) 8 am to 10 pm Location(s) US Open of Surfing at HB Beach, 4th of July service for beach access, downtown and parade route XIII. ADDITIONAL COMMENTS The planned service is anticipated to operate 118 days a year and 12-14 hours per day depending on the day of the week. The shuttle will be free of charge and operate daily during the peak summer season. XII. AGENCY EXPERIENCE Previously Operated Service (list all applicable w/description): Shuttles or Trolleys Other service complimenting regional bus and rail I herby certify that the information provided herein this form is accurate and consistent with accompanying documentation. I further certify that the above information has been approved by Council resolution and that awarded funds will not be used outside of their intended purpose. Signature Date Updated 11/19/2015 HB -405-Item 12. - 42 City of Huntington Beach Seasonal Local Transit Circulator PROJECT DESCRIPTION The City of Huntington Beach proposes to develop a free summer local transit circulator route, to meet the needs of our seasonal coastal access visitors and the many changes that have occurred or planned within the City. The City has been enhancing our visitor serving coastal land uses in accordance with basic California Coastal Commission principles, creating an increased need for local circulation alternatives to serve these visitors effectively. Recent residential development within the City has primarily been medium density development with a greater orientation towards transit use. Over the past few years, the City has been successfully operating a special event shuttle service during 4 th of July and the U.S. Open of Surfing and our local visitor's bureau has operated a local shuttle service for several of the local hotel members and local businesses. The City is looking to combine and augment the services that have been provided with a single local route that would lead to expanded daily transit access while meeting the peak season weekday and weekend demands. The City has also developed a routing plan that helps connect key destinations and target riders at many locations within the City. The northern portion of the route will provide connections to high demand areas including Golden West College, the OCTA Transit Center, Bella Terra, new higher density residential developments, the Oak View neighborhood and the new Senior Center (opening Summer 2016) in Central Park. The southern portion of the route will link with key destinations and generators near the coast including Downtown Huntington Beach, the new Pacific City development, coastal hotels and the beach areas. This route also provides numerous opportunities for connections to OCTA's regional transit operations, including 8 existing routes. During two key summer event periods, the City proposes to replace and augment existing Project V services provided on 4 th of July and during the 2 weekends and one weekday of the U.S. Open of Surfing. Enhanced services during these key events will include additional bus deployment and a second route connecting parking at Edison High School with the event area. The success of this program will likely be tied to the quality and convenience of the service, both in terms of routing and travel time, and providing the right destinations and connections. To effectively initiate the program, the City is proposing a comprehensive marketing and branding program for the services. Building on the successes of the prior services, the City believes that a consistent and appealing branding approach will be extremely important. 11Page HB -406-Item 12. - 43 OPERATIONS PLAN The City of Huntington Beach envisions a main service route with variations during key events. Figure 1 presents a graphic depiction of the main proposed route along with anticipated stop locations and the supplemental special event services during 4 th of July and the U.S. Open of Surfing and existing OCTA regional transit routes (excluding routes 172 and 173). The following presents a detailed description of the route. The route was designed to primarily serve as a visitor service while providing additional local circulation alternatives to residents, with connections to key destinations within the City and access to regional transit routes/facilities, and higher density residential areas. Key areas served within this route include: • Golden West College • 1,500 new multi-family residential units/transit oriented development • Golden West Transportation Center • Bella Terra commercial area • Huntington Hotel • Oak View neighborhood • New Senior Center in Central Park (scheduled to open Summer 2016) • Central Park Sports Complex, Library, nature center, Frisbee golf, equestrian center and open space • City Hall • Huntington Beach High School • More than 1,000 coastal hotel rooms (incl. Hyatt, Hilton, Shorebreak) with more than 350 additional rooms currently planned or under construction • Local beach and municipal pier • Downtown Huntington Beach shops and restaurants The local circulator route offers several connection points to regional transit services including routes 1, 25, 29, 66, 70, 72, 76 and 178. Additionally, the circulator route proposes shared use of existing bus stops and amenities with several of these routes. Specific route stops include: • Northbound Gothard north of Edinger • Eastbound Center Ave. east of Gothard St. • Eastbound Center Ave. at Huntington Village Wy. • Southbound Beach Blvd. south of Edinger Ave. • Westbound Warner Ave. west of Beach Blvd. 2j Page HB -407-Item 12. - 44 • Westbound Warner Ave. • Northbound and Southbound Golden West St at Talbert/Central Library • Northbound and Southbound Main St. south of Yorktown Ave • Southbound PCH at 17 th St. • Northbound PCH north of 6 th St. • Northbound and Southbound PCH at Main St. • Southbound PCH at Transit Center (between 1 st a and Huntington St.) The City expects the 15.4 mile route to operate with a single bus with an approximate 60 minute frequency (headway) with additional bus service added during 6 event days (4 th of July and 5 days for the US Open of Surfing event). The route is intended to be a seasonal route, focusing on the peak summer period between Memorial Day and Labor Day. Additional weekend services are planned on the summer "fringe" period when weekend visitors increase beginning with Spring Break. The following tables present a summary of the operating plan for the circulator service. Dates of Operation Days of Service Operating Hours April 1-Memorial Day Labor Day to October 1 Weekends (24 days) 10 am — 10 pm Memorial Day to Labor Day Weekdays (63 days) 10 am — 10 pm Memorial Day to Labor Day Weekends and Holidays (31) 8 am — 10 pm Draft Time Table Stop Time Time 1 8:00 9:00 2 8:04 9:04 3 8:06 9:06 4 8:10 9:10 5 8:15 9:15 6 8:21 9:21 7 8:23 9:23 8 8:26 9:26 9 8:30 9:30 10 8:34 9:34 11 8:37 9:37 12 8:42 9:42 13 8:47 9:47 14 8:52 9:52 15 8:55 9:55 3IPage HB -408-Item 12. - 45 Service Provider The City intends to contract with a private service provider for the proposed transit services. It is expected that one 20-24 passenger shuttles will be used to provide the services augmented with 3 additional shuttles for use during the 6 special event days. The City has used this type of service in the past, on a limited basis under the existing Project V program. Expanding the service from the current 5 days to a total of 118 days will provide greatly improved opportunities for marketing and building ridership. Huntington Beach is committed to using all of the resources available within the project, monitoring performance and making service alterations as needed to meet the stated goal of 10 boardings/revenue hour. As part of the monitoring, the City and our transit provider partner will provide quarterly collection and reporting of operations and maintenance (or as frequently as needed for seasonal service). The vehicle envisioned for the circulator is the same as that used for services provided by the City and Visit HB. The 20 passenger, gas-powered, "cutaway" vehicle is fully compliant with all ADA accessibility requirements. Vehicles will be equipped with bike racks and branded specifically for the Huntington Beach circulator service utilizing the graphics developed by Visit HB. Photos of the proposed vehicle and prior graphic treatment is attached for reference. While the City has not selected a preferred vendor for the service at this time, and no agreements are in place, both the City and Visit HB have had positive experiences with Transportation Concepts with prior services provided. Budget information for hourly operations and detailed vehicle information is based on vehicles and services typically provided by Transportation Concepts. Transportation Concepts also maintains a fleet of approximately 100 vehicles and is fully capable of ensuring vehicle availability throughout the project service period. Transportation Concepts has provided a preliminary indication that they would be interested in engaging in the proposed service. Capital Investment The project includes capital improvements for the enhancement of shuttle stop areas the first year of operation. The route plan includes 15 stops at existing transit stops. Most of these stops have aging amenities in need of repair. Installation of shuttle specific signing and passenger information is also included in the plan. The proposed budget will provide for an average total expenditure of $3,000 per stop. Operations, Maintenance and Administration Operations and maintenance for the shuttles is included in the overall estimated operating costs. Maintenance of stops is included in current services provided through the City and no additional costs are anticipated with the proposed services. City staff will administer the 4 1 Page HB -409-Item 12. - 46 services provided and ensure that required performance information is collected, documented and reported to OCTA as required under the Project V program. The City will provide the administration costs associated with staff and are not included in the overall 10% match calculation per Project V program requirements. Fees associated with facility use agreements for additional remote parking at local schools have been programmed as additional costs under project administration with the same 10% match requirement. Marketing The seasonal nature and limited service area of the proposed route will require a focused marketing campaign to ensure that potential users are aware of the free transportation service available during the peak summer season. The marketing effort will build on current special event efforts and the work of Visit HB in developing a brand/graphics for the limited local services currently provided. Visit HB has authorized the City to use elements already developed through their private investment and to utilize their marketing resources that target visitors, visitor-serving commercial uses and residents within the City. By combining resources, the City is confident that a relatively minimal $10,000 annual marketing budget will be sufficient to ensure maximum success from the local circulator project. Printed material, social media and radio advertising will be the primary means of marketing. The City will also take advantage of available bus shelter/bench ad space and new amenities installed with the project to promote the service to the public. PROJECT FINANCIAL PLAN Funding for marketing, capital investment, operations and maintenance is proposed to be provided by a combination of OCTA M2 Project V funding, per capita annual funding provided to the City of Huntington Beach by the Air Quality Management District (AQMD) and private contribution from our local visitor's bureau - Visit HB. A detailed presentation of the financial plan with all pertinent assumptions and phases for the first year of operation are presented in Table 1. Table 2 presents a 7 year financial plan summary of expenditures for operations excluding capital vehicle costs. The table below presents a summary of the first year project funding. 5IPage HB -410-Item 12. - 47 Project Element Total Project Cost Total Project Match (10%) Total OCTA Request City Contribution Private Contribution Fringe Season Weekends $23,040 $1,152 $1,152 $20,736 Summer season daily $88,640 $4,432 $4,432 $79,776 4 th of July $2,240 $112 $112 $2,016 U.S. Open of Surfing $20,160 $1,008 $1,008 $18,144 Capital $45,000 $2,250 $2,250 $40,500 Marketing $10,000 $500 $500 $9,000 Administration $7,000 $5,100 $100 $1,800 Total $196,080 $14,554 $9,554 $171,972 The shuttle will be provided as a free service to the public and therefore, no revenue will be generated. The City understands the potential for the local match to increase significantly should the ridership fall below expected levels, limiting Project V OCTA funding to $9 per boarding (excluding capital costs). The City will program a budget allocation in our FY16/17 Budget sufficient to cover potential additional match as required to meet this contingency (estimated at $45,000). The City has ample reserves in Air Quality Management District Funds and other appropriate sources to meet this requirement. Project Schedule Some aspects of the proposed service have been running within the City over the past 2 years and generally follow existing OCTA transit routes. The proposed circulator significantly expands the services provided based on the number of days of operation. Staff has confirmed that the expanded services proposed do not require any additional environmental clearance due to categorical exemption for the program. Since the circulator primarily uses existing bus stops for service, builds on existing agreements and operations and proposes the use of a private transit service provider, the service can be made operational within four months of funding being available. However, based on anticipated funding availability through OCTA beginning in July 2016 (with preliminary recommendations available in June 2016) and the seasonal schedule for the service, it is unlikely that the City would be able to implement this service during the summer of 2016. Therefore, the initial year costs would fund all of the Summer 2017 services and provide ample opportunity for the City to complete all initial phases of project initiation prior to the 6 !Page HB -411-Item 12. - 48 beginning of service on April 1, 2017. Based on this start date, the following represents a very conservative schedule for completing all tasks needed to bring the route into operation. July 1, 2016 Sept. — Nov. 2016 Feb-Aug 2017 Sept. 16 —Jan '17 Feb.-March 2017 Sept. — Dec. 2016 Jan-March 2017 April 1, 2017 Year 1 funding available for approved projects Develop/refine marketing plan Prepare and implement marketing materials, efforts Transit service procurement Transit service vehicle prep. Bus stop improvement procurement Bus stop improvement install/construction Begin seasonal service RIDERSHIP PROJECTIONS Accurate ridership projection for any new transit service is always challenging and requires some reasonable assumptions to be made based on a review of historic data and demographics. The Huntington Beach Circulator Route benefits from the availability of actual transit service experience, reliable visitor statistics and a key attraction that consistently draws a broad range of visitors, spanning virtually every demographic — the Pacific Ocean and the local beaches. Combined with the many special events hosted by the City each summer, there is significant potential for local circulator transit use just for the coastal attractions. In addition, the circulator route provides convenient connections to many other local attractions from residential areas and potential park-and-ride/drop off locations. The City beaches, Pacific Ocean and coastal amenities immediately adjacent to the proposed route attract more than 10 million visitors annually, with the bulk of those visitors during the peak summer months. Hotels, restaurants and shops attract many more visitors each year from within Huntington Beach, Orange County and beyond. If just 0.2% of the beach visitors used the circulator service ridership would reach more than 110 passengers per day and 13,000 passengers for the seasonal service. During special event days and during other peak summer days, coastal parking often restricts visitor access. During these days, the potential shuttle use has the potential to substantially exceed those totals. The biggest events already served by a shuttle program have demonstrated strong demand with more than 6,000 passengers using the service during just 5 service days — more than 1,200 passengers per day. While those days are exceptional, it does indicate there is a willingness for people to utilize local circulators under the right circumstances. The circulator route serves two of the highest residential density areas within the City — the Edinger Corridor (near Gothard St) and the Oak View neighborhood (generally bounded by 7 1Page HB -412-Item 12. - 49 Slater Ave. to the south, Heil Ave. to the north, Beach Blvd to the east and Gothard St. to the west). While the socioeconomic conditions of the two areas are very different, both have excellent potential to generate use of the circulator by residents. Development along the Edinger Corridor includes 957 recently developed units, with 385 additional units expected to be completed in early 2017 and 510 more units to be completed in 2018, all immediately adjacent to the proposed circulator route (<1/8 mile). The developments were all conceived as transit oriented development and offer significant ridership potential. The Oak View neighborhood is a recognized environmental justice area with relatively high population densities combined with a population more inclined to use public transit for both commute trips and for recreational purposes. The free shuttle is expected to be especially attractive for recreational trips, making beach trips an easy and low cost recreation option. The circulator route traverses the Oak View neighborhood with two planned stops along Warner Avenue in the heart of the neighborhood. Lastly, the City is proposing stops in both travel directions on Golden West Street adjacent to Central Park. Central Park includes many recreational amenities including open space, picnic areas, the Sports Complex, Huntington Central Library, Disc golf, freshwater fishing, nature areas and the new Senior Center (opening Summer 2016). The free local circulator is expected to be very attractive to many potential park visitors living along the service corridor. Overall, the City has an average population density of 7,200 residents per square mile. Several areas along the proposed service route far exceed that average as noted above. However, the route also passes through some relatively low density areas, yielding an estimated population density along the route approximately equal to that of the overall City. The City boasts projected employment of 80,000 jobs by 2020. The proposed route passes near many of the higher employment density areas in the City, but also routes through lower employment density areas. The overall City employment density is 2,500 jobs per square mile. It is estimated that the proposed route would serve a similar employment density. The stated information is based on information contained within the City's General Plan Housing Element amended in 2013. A second analysis was completed using OCTA bus route planning software. Based on that data source there are approximately 18,900 people living within mile of the 15 planned stops and 15,900 jobs. With an average service area per stop of 0.2 square miles (3 square miles for 15 stops), this yields an average population density of 6,300 residents/square mile and an average jobs density of 5,300 jobs/square mile within the service area of the proposed stops. 81 Page HB -413-Item 12. - 50 Huntington Beach Circulator Vehicle Example and Branding Graphics HB -414-Item 12. - 51 A. BalsA Ave t L7.3 P Garfield Ave. I Legend Primary Shuttle Route Alternate 4 th of July Route Additional 4 th of July & US Open Route Bus Stop & Number Existing Bus Service & Route Number * Proposed Circulator Route Figure 1 HB -415-Item 12. - 52 Table 1 City of Huntington Beach Local Circulator Year 1 Financial Plan Weekday Hrs Weekday Service Days Weekday Revenue Hours Weekend Hrs Weekend Service Days Weekend Revenue Hours Hourly Service Costs Total Costs 10% Match Ineligible Costs OCTA Funding Operations & Maintenance Normal Summer weekday/weekend 12 62 744 14 24 336 $ 80 $ 86,400 $ 8,640 $ 77,760 Fringe Season Weekends 0 12 24 288 $ 80 $ 23,040 $ 2,304 $ 20,736 Memorial Day & Labor Day 14 2 28 0 $ 80 $ 2,240 $ 224 $ 2,016 4th of July 0 28 1 28 $ 80 $ 2,240 $ 224 $ 2,016 US Open Week 28 1 28 56 4 224 $ 80 $ 20,160 $ 2,016 $ 18,144 Marketing $ 10,000 $ 1,000 $ 9,000 Capital Year 1 only Signs/posts (avg $175/stop) $ 2,250 $ 225 $ 2,025 Benches (10 @ $1,125 ea) $ 11,250 $ 1,125 $ 10,125 Trash Bins (15@ $700 ea) $ 10,500 $ 1,050 $ 9,450 Shelters (5 @$4,200 ea) $ 21,000 $ 2,100 $ 18,900 Adminstration Project Admin & Reporting $ 5,000 $ 5,000 $ - Facility Use Fees $ 2,000 $ 200 $ 1,800 $ 196,080 $ 19,108 $ 5,000 $ 171,972 HB -416-Item 12. - 53 Table 2 City of Huntington Beach Local Circulator 5 Year Financial Plan Summary Year 1 2016/17 $65/hr Year 2 2017/18 $67/hr Year 3 2018/19 $69/hr Year 4 2019/20 $71/hr Year 5 2020/21 $73/hr Year 6 2021/22 $75/hr Year 7 2022/23 $77/hr O&M Shuttle Service $ 108,940 $ 112,292 $ 115,644 $ 118,996 $ 122,348 $ 125,700 $ 129,052 Marketing $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Administration Staff $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Facility Fees $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Total $ 125,940 $ 129,292 $ 132,644 $ 135,996 $ 139,348 $ 142,700 $ 146,052 OCTA $ 108,846 $ 111,863 $ 114,880 $ 117,896 $ 120,913 $ 123,930 $ 126,947 Huntington Beach $ 11,047 $ 11,215 $ 11,382 $ 11,550 $ 11,717 $ 11,885 $ 12,053 Visit HB $ 6,047 $ 6,215 $ 6,382 $ 6,550 $ 6,717 $ 6,885 $ 7,053 Local Share $ 17,094 $ 17,429 $ 17,764 $ 18,100 $ 18,435 $ 18,770 $ 19,105 Assumes $80/hr initial total contracted transit service fee; $15/hr capital - $65/hr O&M 3% CPI annual escalation assumed on transit costs HB -417-Item 12. - 54 RESOLUTION NO. 2016-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING SUBMISSION OF AN APPLICATION TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR COMPETITIVE FUNDING UNDER THE MEASURE M-2 PROGRAM FOR PROJECT V TO PROVIDE COMMUNITY-BASED TRANSIT/CIRCULATORS WHEREAS, the Orange County Transportation Authority (OCTA) makes state, federal and local funding available to the 34 incorporated cities and the County of Orange for eligible projects through a competitive process to improve all modes of surface transportation; and The OCTA Board of Directors (Board) approved the release of a call for projects for the Renewed Measure M (M2) Project V Community Based Transit/Circulators Funding Program on November 23, 2015; and The M2 Program establishes a competitive process to enable local jurisdictions to compete for funding to develop local bus transit services that complement regional transit services, and meet needs in areas not adequately serviced by regional transit; and The City of Huntington Beach seeks to relieve congestion, improve access to local destinations and enhance access to regional transit services within the City, including special services during the U.S. Open of Surfing and 0 1 of July holiday by providing local a local transit circulator; and The City of Huntington Beach will provide necessary matching funds for the project through non-Measure M funding as required by the M2 program; and The program will supplement and expand, rather than supplant existing shuttle and transit services provided by OCTA and the City; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the Director of Public Works or his/her designee is hereby authorized to submit a grant application to the Orange County Transportation Authority under Measure M Project V Community-Based Transit/Circulators Funding Program to obtain funds to contract for operations and maintenance services. 16-5134/132801 1 HB -418-Item 12. - 55 Attorney mv, RESOLUTION NO. 2016-13 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2016. Mayor REVIEWED AND APPROVED: City Manager INITIATED AND APPROVED: Director of Public Works 16-5134/132801 2 HB -419-Item 12. - 56 12 drI1IVTGTON February 26, 2016 Travis Hopkins Director of Public Works City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: Project V Local Circulator Grant Application Commitment of Support Dear Mr. Hopkins: Visit Huntington Beach, the official Destination Marketing Organization (DMO) for SurfCity USA, is pleased to submit this letter in support of the City's request for grant funding for local transit circulator service. The proposed free seasonal service connects key commercial, residential and recreational centers within the City and provides a valuable transportation alternative to a broad range of people with varying needs. We strongly support the goals and objectives of this effort and wish to specifically pledge the following contributions from Visit HB: 1. Use of existing marketing, graphic/branding developed for use in current limited seasonal shuttle service for vehicle branding and preparation of marketing materials for the new expanded service at no cost to the project. 2. Access to Visit HB administered marketing outlets such as visitor guides, social media, public relations assets, and the official www.surfcityusa.com website, as part of a targeted and integrated marketing effort funded by the project. 3. Annual contribution to the City's local match for the project not to exceed $12,000 annually. Visit HB anxiously anticipates the availability of this service to the community and will provide any assistance that we can through our mission to promote and support local businesses and the best possible experience for all visitors to Huntington Beach. If you or the Orange County Transportation Authority have any questions regarding our support for this project, please contact me, or our Executive Vice President of Sales and Administration, John Ehlenfeldt, at Visit HB at (714) 969-3492. Sincerely, Kelly Miller, President & CEO Visit Huntington Beach Visit Huntington Beach 301 Main St., Ste. 212 Huntington Beach, CA 92648 Phone: (714) 969-3492 I Fax: (714) 969-5592 HB -420-Item 12. - 57 II. FUNDING SUMMARY Total Project Cost: $ 1,019,744.00 1 Capital Funding: $ 161,932.00 Operating Reserve: $ 857,812.00 Applicant Match Rate: 10% Describe Source of Agency Funds: Air Quality Management District funds and private partner - Visit Huntington Beach (Local visitors Bureau) Level of Commitment: 2ommitment Letter Name of non applicants: Visit Huntington Beach APPLICATION CHECKLIST (guidelines) Complete Application Operating Incentive (4.0) El Commitment to 10 b/rvh Agree to collect 0 & M data quarterl Meets Minimum Eligibility (6.0) Funding Plan (8.0) O&M/Capital Financials Funding Needs Match Funding Availability Funding Assurances Partnership Arrangements Project Development Schedule O&M Facility Management Service Coordination Plan Financials (9.1) Council Resolution (9.3.1) Lease/Cost Agreements (9.3.2) Project Documentation (9.3.3) Operations Plan (9.3.4) oute Map w/ existing trdrlsltservice Draft Time Table Headways Stop Location Listing Summary of Vehide Types Speed Profile Fleet Size PROJECT 'V' Community-Based Transit/Circulators Project Application Form Fa Orange County Transportation Authority OCTA I. APPLICANT INFORMATION Agency: City of Huntington Beach Primary Contact Name: Bob Stachelski Title / Department: Transportation Manager Phone: 714.536.5523 Email: bstachelskiasurfcitv-hb.orq III. PROJECT DESCRIPTION The proposed project will provide seasonal local transit service that will both supplement current OCTA services by providing additional connection opportunities to existing routes and provide local circulation connecting many of the City's key destinations and target communities. IV. MINIMUM ELIGIBILITY YES/NO A. Applicant eligible to receive M2 funding? Y 111 N • B. Meet any one of the following: Proposed project in Go Local Planning and/or 2011 Transit Study, or Supports Goals of Sustainable Communities Strategy? N El Y • C. Supplement rather than supplant existing transit services? N GI Y • D. Projects meet ADA requirements? LI N Y • E. Financial plan for ongoing operations & maintenance? N • Y • F. Project approved by City Council and partner jurisdictions? N • Y • G. Local funding meets minimum 10% match requirement? Y El N El I. Applicant agrees to adhere to applicable FTA requirements? Y 0 N • City Council action to follow V. COST EFFECTIVENESS Operating Cost per Boarding Opening Year: $ 8.93 Annualized Operating & Capital Cost per Passenger: $ 15.44 VI. PROJECT READINESS Opening Year: By 2017 Phase Ready: ROW Acquired or Not Applicable VII. COMMUNITY CONNECTIONS Activity Centers Served: Senior Center(s) School(s) Retail Center(s) Special Event Venue(s) Connections to Existing Service Updated 11/19/2015 HB -421-Item 12. - 58 XIII. ADDITIONAL COMMENTS The planned service is anticipated to operate 112 days a year and 12-14 hours per day depending on the day of the week. The shuttle will be free of charge and operate daily during the peak summer season. Date FR Application Page 2 OCTA PROJECT 'V' Community-Based Transit/Circulators Project Application Form VIII. FIXED-ROUTE BUS/RAIL CONNECTIONS AGENCY Number of fixed-route connections (w/in 1/4 mile): 20 City of Huntington Beach VIV. TRANSIT USAGE Projected Average Daily Boardings 1st Year: (total annual boardings/annual operating days) 100 X. LOCAL REGIONAL BENEFITS (OPENING YEAR) Planned Employment Densities per Sq. Mile: 5,300 Planned Population Densities per Sq. Mile: 6,300 Projected Annual Visitors Served by Seasonal Route: 6,000,000 XI. SPECIAL EVENT TRANSIT Description(s) Date(s) Time(s) Location(s) XII. AGENCY EXPERIENCE Previously Operated Service (list all applicable w/description): Shuttles or Trolleys Other service complimenting regional bus and rail I herby certify that th ran consistent with accompanying documentation. I further certify that the above information has been approved by Council resolution and that awarded funds will not be used outside of their intended purpose. Updated 11/19/2015 HB -422-Item 12. - 59 City of Huntington Beach — Seasonal Local Transit Circulator Supplemental Information May 5, 2016 The City of Huntington Beach has prepared the following supplemental information in response to the April 11, 2016 request from OCTA staff as part of the review of our Project V grant application submittal. Specifically, OCTA identified 10 items to be addressed by the City in support of our application. The following presents each question/request from OCTA and our response. 1. Please confirm that hourly costs of $80 includes capital/lease and operations. Provide vendor quote to support cost estimate. Response: The $80/hr budget cost for the transit service does include the capital lease costs and the operations costs. Table 2 of our application provides some detail on the breakdown of these values. The information was originally obtained from a provider currently working with the City, but not as a formal quote. They indicated that, based on their current rates, the $80 cost ($65 O&M, $15 capital) was a conservative budgeting value. We requested a more formal response from the vendor to include in our response (Attachment 1). We understand that the estimated budget values may be slightly different than what we could expect through a competitive bid process should the program be funded. 2. Split the capital (vehicle lease) and operations cost if possible. Response: As noted above, we believe that we did provide separate costs as shown in Table 2 of our original application. However, we did not include a separate line item for capital in that table. In response to this request and costs identified in the response to item 6 below, we prepared Table 3. 3. Please revise route map and include all streets. Response: A revised map has been prepared labeling each of the streets used along each route. (Figure /) 4. Current timetable only has two trips shown. Submit a more detailed imetable for the e ntire day of each route. Response: A complete timetable for each route has been developed and is included in this response. (Attachment 2) 5. Please clarify headway for regular and special event service. Response: Special event services have been removed from the proposal. The headways will be 75 minutes. HB -423-Item 12. - 60 6. Section II reflects the cost for one year only, revise and resubmit project application reflecting the cost for the life of the project. Response: The City has recalculated the total costs for a 7 year project and a revised application is included in this packet. 7. Provide a turn-by-turn routing for the proposed route. Response: Attachment 3 presents the turn-by-turn routing. 8. Provide a more complete timetable and indication of headway for special events and regular service. Response: A complete timetable for each route on for each type of day in operation is provided.( Attachment 2) 9. Operating speeds are very fast based on proposed frequency and route length. What is speed based on? Provide supporting surveys or other information that would support the speed. Alternatively, the City can propose a reduced headway. Response: The City did not perform a formal survey of the route as part of the application preparation. However, three key items went into our review of the average operating speed for the route. First, OCTA provided a route analysis for the City using their route performance software. This simulation yielded an average travel speed of 12.5 miles per hour and a roundtrip travel time of 74 minutes. Staff reviewed a composite of the typical travel speeds along the route, signal coordination and variations on congestion and believe that for most days that actual travel time is likely to be closer to 65 minutes. However, incorporation of a suitable layover time of 10 minutes, results in a 75 minute headway. We are submitting with this response revised timetables reflecting these assumptions. (Attachment 2) 10.1s the event-based 4 th of July and US Open service proposed in the application an expansion to the existing service? Response: Based on discussions with OCTA staff, it was deemed that the event services originally proposed are not a true expansion and have been removed from our application with the provided information. HB -424-Item 12. - 61 Table 3 7 Year Financial Summary City of Huntington Beach Seasonal Local Transit Circulator (revised 5/5/16) Year1 Year2 Year3 Year 4 Year5 Year6 Year7 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 $80/hr $82/hr $85/hr $88/hr $91/hr $94/hr $97/hr Total O&M $ 90,740 $ 93,532 96,324 $ 99,116 $ 101,908 $ 104,700 $ 107,492 693,812 Capital Bus $ 20,940 $ 21,498 $ 22,157 $ 22,920 $ 23,789 $ 24,768 $ 25,860 $ 161,932 Amenities, etc. $ 45,000 $ - $ - $ - $ - $ - $ - $ 45,000 Staff $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 35,000 Facility Fees $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 14,000 Marketing $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 70,000 Total $ 173,680 $ 132,030 $ 135,481 $ 139,036 $ 142,697 $ 146,468 $ 150,352 $ 1,019,744 HB -425-Item 12. - 62 Normal Summer weekday/weekend 12 62 744 14 24 336 $ 80 $ 86,400 $ 8,640 $ 77,760 Operations & Maintenance Fringe Season Weekends 0 12 24 288 80 $ 23,040 $ 2,304 $ 20,736 Memorial Day {34 Labor Day 14 2 28 0 80 $ 2,240 $ 224 $ 2,016 $ 10,125 $ 9,450 $ 18,900 $ 5,000 Adminstration Capital Benches (10 @ $1,125 ea) Year 1 only Trash Bins (150 $700 ea) Shelters (5 @$4,200 ea) Project Admin & Reporting Facility Use Fells $ 11,250 $ 1,125 $ 10,500 $ 1,050 $ 21,000 $ 2,100 $ 5,000 $ 2,000 $ 200 $ 1,800 Table 1 City of Huntington Beach Local Circulator Year 1 Financial Plan (revised 5/5/16) Weekday Hrs Weekday Service Days Weekday Revenue Weekend Hours Hrs Weekend Service Days Weekend Revenue Hours Hourly Service Costs Ineligible OCTA Total Costs 10% Match Costs Funding Marketing $ 10,000 $ 1,000 $ 9,000 Signs/posts (a4 $175/stop) $ 2,250 $ 225 $ 2,025 I $ 173,680 $ 16,868 $ 5,000 $ 151,812 I HB -426-Item 12. - 63 Table 2 City of Huntington Beach Local Circulator 5 Year Financial Plan Summary (revised 5/5/16) Year 1 2016/17 $65/hr Year 2 2017/18 $67/hr Year 3 2018/19 $69/hr Year 4 2019/20 $71/hr Year 5 2020/21 $73/hr Year 6 2021/22 $75/hr Year 7 2022/23 $77/hr O&M Shuttle Service $ 90,740 93,532 $ 96,324 $ 99,116 $ 101,908 $ 104,700 $ 107,492 Marketing $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 $ 10,000 Administration Staff $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 $ 5,000 Facility Fees $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 $ 2,000 Total $ 107,740 $ 110,532 $ 113,324 $ 116,116 $ 118,908 $ 121,700 $ 124,492 OCTA $ 92,466 $ 94,979 $ 97,492 $ 100,004 $ 102,517 $ 105,030 $ 107,543 Huntington Beach $ 10,137 $ 10,277 $ 10,416 $ 10,556 $ 10,695 $ 10,835 $ 10,975 Visit HB $ 5,137 $ 5,277 $ 5,416 $ 5,556 $ 5,695 $ 5,835 $ 5,975 Local Share $ 15,274 $ 15,553 $ 15,832 $ 16,112 $ 16,391 $ 16,670 $ 16,949 Assumes $80/hr initial total contracted transit service fee; $15/hr capital - $65/hr O&M 3% CPI annual escalation assumed on transit costs HB -427-Item 12. - 64 Attachment 1 Shuttle Service Budgeting Detail City of Huntington Beach Seasonal Local Transit Circulator 2016 Project V Application (source Transportation Concepts) Cost Breakdown Year 1 Cost Per Hour Explanation Driver Wages $ 29,548 $ 18.54 Driver wages and fringe benefits Fuel Cost $ 10,973 6.88 Fuel expense for buses Insurance Costs $ 4,700 $ 2.95 Insurance for buses Operating Depreciation $ 19,932 $ 12.50 Capital cost for buses Operating Expenses $ 4,423 $ 2.77 Training, D&A testing, Uniforms, Recruitment Maintenance Costs $ 4,226 $ 2.65 Bus parts, tires, supplies Facility Cost $ 1,800 $ 1.13 Storage of buses Administrative Wages $ 18,720 11.74 Supervision expenses Payroll Based Expenses $ 13,775 8.64 Work compensation insurance Administrative Expenses $ 2,040 1.28 Clerical Regional/District Overhead $ 3,930 2.47 Regional and District Support Staff Corporate Overhead $ 2,620 $ 1.64 Corporate support staff Management Fee $ 10,840 $ 6.80 Profit before taxes Capital Costs include: Operating depreciation & Facility Cost — $13.63/hr Operations and Maintenance include all other costs - $64.84/hr For budgeting purposes, the application assumes a $15/hr capital cost and $65/hr O&M cost HB -428-Item 12. - 65 Attachment 2 Huntington Beach Project V Seasonal Local Transit Circulator Detailed Route Schedules Typical Weekend Route Schedule (8 am - 10 pm) Stop # Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time 1 8:46 10:01 11:16 12:31 13:46 15:01 16:16 17:31 18:46 20:01 21:16 2 8:51 10:06 11:21 12:36 13:51 15:06 16:21 17:36 18:51 20:06 21:21 3 8:53 10:08 11:23 12:38 13:53 15:08 16:23 17:38 18:53 20:08 21:23 4 8:58 10:13 11:28 12:43 13:58 15:13 16:28 17:43 18:58 20:13 21:28 5 9:05 10:20 11:35 12:50 14:05 15:20 16:35 17:50 19:05 20:20 21:35 6 9:13 10:28 11:43 12:58 14:13 15:28 16:43 17:58 19:13 20:28 21:43 7 8:00 9:15 10:30 11:45 13:00 14:15 15:30 16:45 18:00 19:15 20:30 21:45 8 8:02 9:17 10:32 11:47 13:02 14:17 15:32 16:47 18:02 19:17 20:32 21:47 9 8:06 9:21 10:36 11:51 13:06 14:21 15:36 16:51 18:06 19:21 20:36 21:51 10 8:10 9:25 10:40 11:55 13:10 14:25 15:40 16:55 18:10 19:25 20:40 21:55 11 8:12 9:27 10:42 11:57 13:12 14:27 15:42 16:57 18:12 19:27 20:42 21:57 12 8:18 9:33 10:48 12:03 13:18 14:33 15:48 17:03 18:18 19:33 20:48 13 8:24 9:39 10:54 12:09 13:24 14:39 15:54 17:09 18:24 19:39 20:54 14 8:29 9:44 10:59 12:14 13:29 14:44 15:59 17:14 18:29 19:44 20:59 15 8:33 9:48 11:03 12:18 13:33 14:48 16:03 17:18 18:33 19:48 21:03 Stop #0. Is the layover stop at the transit stop on PCH Weekend Fringe Season and Weekday Summer Route Schedule (10 am - 10 pm) Stop # Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time Departure Time 1 10:46 12:01 13:16 14:31 15:46 17:01 18:16 19:31 20:46 2 10:51 12:06 13:21 14:36 15:51 17:06 18:21 19:36 20:51 3 10:53 12:08 13:23 14:38 15:53 17:08 18:23 19:38 20:53 4 10:58 12:13 13:28 14:43 15:58 17:13 18:28 19:43 20:58 5 11:05 12:20 13:35 14:50 16:05 17:20 18:35 19:50 21:05 6 11:13 12:28 13:43 14:58 16:13 17:28 18:43 19:58 21:13 7 10:00 11:15 12:30 13:45 15:00 16:15 17:30 18:45 20:00 21:15 8 10:02 11:17 12:32 13:47 15:02 16:17 17:32 18:47 20:02 21:17 9 10:06 11:21 12:36 13:51 15:06 16:21 17:36 18:51 20:06 21:21 10 10:10 11:25 12:40 13:55 15:10 16:25 17:40 18:55 20:10 21:25 11 10:12 11:27 12:42 13:57 15:12 16:27 17:42 18:57 20:12 21:27 12 10:18 11:33 12:48 14:03 15:18 16:33 17:48 19:03 20:18 13 10:24 11:39 12:54 14:09 15:24 16:39 17:54 19:09 20:24 14 10:29 11:44 12:59 14:14 15:29 16:44 17:59 19:14 20:29 15 10:33 11:48 13:03 14:18 15:33 16:48 18:03 19:18 20:33 Stop # is the layover stop at the transit stop on PCH HB -429-Item 12. - 66 Attachment 3 Detailed Route Descriptions Turn-by-turn Routing Main Route - beginning opposite Goldenwest Transit Center on Center Avenue 1. Eastbound Center Avenue east of Gothard Street - follow Center Avenue to Beach Blvd 2. Right turn on Beach Boulevard - continue south to Warner Avenue 3. Right turn on Warner Avenue - continue west to Goldenwest Street 4. Turn left on Goldenwest Street - continue south to Yorktown Avenue 5. Turn left on Yorktown Avenue - continue east to Main Street 6. Turn right on Main Street - continue south to 17 th Street 7. Turn right on 17 th Street - continue southwest to Pacific Coast Highway 8. Turn left on Pacific Coast Highway - continue southeast to Transit Stop on PCH southeast of 1 5t Street Return Route 9. Exit bus stop onto southeast PCH to Huntington Street 10. Turn left on Huntington Street - continue north to Atlanta Avenue 11. Turn left on Atlanta Avenue - continue to 1 st Street 12. Turn left on 1 st Street - continue southwest to Pacific Coast Highway 13. Turn right on Pacific Coast Highway - continue northwest to 17 th Street 14. Turn right on 17 th Street - continue northeast to Main Street 15. Turn left on Main Street - continue north to Yorktown Avenue 16. Turn left on Yorktown Avenue - continue west to Goldenwest Street 17. Turn right on Goldenwest Street - continue north of Goldenwest Street to Heil Avenue 18. Turn right on Heil Avenue - continue east to Gothard Street 19. Turn left on Gothard Street - continue north to Center Avenue 20. Turn right on Center Avenue - return to start of route Route alterations during 4 th of July 4. Turn left on Goldenwest Street - continue south to Garfield Avenue 5. Turn left on Garfield Avenue - continue east to Beach Boulevard 6. Turn right on Beach Boulevard - continue south to Yorktown Avenue a. Turn right on Yorktown Avenue - continue west to Lake Street b. Turn left on Lake Street - continue south to Orange Avenue c. Turn left on Orange Avenue - continue southeast to 1 st Street 7. Turn right on 1 5t Street - continue southwest to Pacific Coast Highway 8. Turn left on Pacific Coast Highway - continue to transit stop on PCH southeast of 1 st Street Return Trip 9. Exit bus stop onto southeast PCH to Huntington Street 10. Turn left on Hunting s 11. Turn left on Atlanta Avenue - continue west to Lake Street 12. Turn right on Lake Street - continue north to Yorktown Avenue 13. Turn right on Yorktown Avenue - continue east to Beach Boulevard 14. Turn left on Beach Boulevard - continue north to Garfield Avenue 15. Turn left on Garfield Avenue - continue west to Goldenwest 16. Turn right on Goldenwest - resume normal route (step 17 above) HB -430-Item 12. - 67 -4_Yorktcjwit Ave Legend Primary Shuttle Route • • • i Alternate 4 th of July Route Additional 4th of July & US Open Route * MI Bus Stop & Number Existing Bus Service & Route Number Proposed Circulator Route Figure 1 HB -431-Item 12. - 68 Dept. ID ED 17-06 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The City Council is asked to approve a License Agreement between the City and PCH Beach Resort, LLC. (“Licensee”), to operate the beach concession located at 21529 Pacific Coast Highway, Huntington Beach (former “Beach Hut”). Financial Impact: The License Agreement will generate $12,000 annually in base rent in addition to shared percentage of revenue based on low (5%), middle (10%), and peak (12%) seasons. Revenues will be deposited into the General Fund. Recommended Action: A) Approve License Agreement between the City of Huntington Beach and PCH Beach Resort, LLC., for operation of a beach concession located at 21529 Pacific Coast Highway; and B) Authorize the Mayor, City Manager, and City Clerk to execute the License Agreement and other related documents. Alternative Action(s): Do not approve the License Agreement, and direct staff as necessary. Analysis: In 1998, the City, former Redevelopment Agency, and Mayer Financial L.P., (“Developer”) entered into an Amended and Restated Disposition and Development Agreement (“DDA”) and a separate Development Agreement (“DA”) for the development of the Waterfront Project. As part of the DDA and DA, PCH Beach Resorts, LLC, had an option of first refusal to operate the concession stand upon the expiration of the previous lease. The License Agreement has been prepared in accordance with the City’s standard lease format. The terms are summarized below: • 10-year term • Options: Two (5 year) options at Licensee’s option, with City’s consent CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director of Business Development SUBJECT: Approve a License Agreement between the City of Huntington Beach and PCH Beach Resort, LLC., for Operation of the former Beach Hut Beach Concession HB -432-Item 13. - 1 Dept. ID ED 17-06 Page 2 of 2 Meeting Date: 2/6/2017 • Monthly fee: $1,000 with 2% annual increases • Shared percentage of revenue based on low (5%), middle (10%), and peak (12%) seasons • Remodel of the concession stand • Indemnification of the City against claims and damages arising from losses. • Minimum of 120 days open The Economic Development Committee (EDC) will have reviewed the License Agreement at their February 1, 2017 meeting and City Council liaisons from the EDC can provide comments regarding that discussion as applicable. Environmental Status: Not applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): License Agreement between the City of Huntington Beach and PCH Beach Resort, LLC. for operation of a concession stand located at 21529 Pacific Coast Highway HB -433-Item 13. - 2 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PCH BEACH RESORT LLC FOR CONCESSION STAND AT 21529 PACIFIC COAST HIGHWAY THIS LICENSE AGREEMENT (the "Agreement") is made and entered into effective , 2017, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City") and PCH BEACH RESORT, LLC, a California limited liability company ("Licensee"). WHEREAS, City wishes to enter into a license agreement with respect to certain real property (the "Property"), consisting of a concession stand at 21529 Pacific Coast Highway in the City of Huntington Beach, California, and other related improvements (collectively referred to as the "Improvements"). The term "Premises" as used in this Agreement shall mean both the Property and the Improvements. Licensee desires to license and use the Premises in the manner set forth below. NOW, THEREFORE, the parties covenant and agree as follows: SECTION 1. GRANT OF CONCESSION ON THE PREMISES. City, pursuant to the terms of this Agreement, grants to Licensee for the purposes stated herein, the right, privilege and duty to equip, operate and maintain a concession stand open to the public located on the Premises (hereinafter sometimes referred to as the "Concession"). Licensee shall not use the Premises for any other purpose or business. A map depicting the Premises is set forth in Exhibit "A", which is attached hereto and incorporated herein by this reference. This Agreement is not intended to confer third-party beneficiary status to anyone. SECTION 2. RESERVATIONS. ENCUMBRANCES AND RIGHTS-OF-WAY. (a) City expressly reserves all natural resources in, on, or two hundred fifty (250) feet under the Premises, including, without limitation, oil, coal, natural gas and other RLS 7/5/16/16-5331/139358/DO EXHIBIT "A" HB -434-Item 13. - 3 hydrocarbons, minerals, aggregates, timber and other geothermal resources, as well as the right to grant Agreements or other contractual arrangements in and over the Premises for the extraction of such natural resources. However, such leasing or other arrangement shall be neither inconsistent nor incompatible with the rights or privileges of Licensee under this Agreement. (b) City expressly reserves a right to enter upon the Premises with as much advance written, verbal or electronic notice as possible to Licensee for any reason associated with public health, safety or welfare, or for the protection of life, limb or property. In all other cases unless otherwise specifically set forth herein. City reserves the right for such entry but City shall give Licensee at least twenty-four (24) hours advance written, verbal or electronic notice. City shall have a right of reasonable access to the Premises across Licensee owned, controlled or occupied lands adjacent to the Premises, if any, for any purpose associated with this Agreement. (c) City expressly reserves the right to convey or encumber City's fee interest in the Premises, in whole or in part, for any purpose not inconsistent or incompatible with the rights or privileges of Licensee under this Agreement. In addition. Licensee agrees to subordinate the Agreement to any existing or future City financing regarding the Premises or any portion thereof, provided that any financing does not interrupt Licensee's business or rights under this Agreement. Licensee also agrees to cooperate and provide any documentation necessary for City to obtain any such financing. (d) This Agreement is made without warranty by City of the condition of its title or the condition or fitness of the Premises for Licensee's stated or intended use. SECTION 3. TIME OF ESSENCE. FtLS 7/5/16/16-5331/139358/DO -2- HB -435-Item 13. - 4 Time shall be of the essence of this Agreement and each and all of its terms, covenants or conditions in which performance is a factor. SECTION 4. TERM This Agreement shall commence at 12:01 a.m. on , 20 , for a ten (10) year term, which shall end at 11:59 p.m. on , 20 (herein, the "Term"). Licensee shall have the option to extend the Term of this Agreement for two additional consecutive five (5) year periods (each, an "Extension Period"), upon mutual written consent by the City and Licensee, in each case by Licensee delivering to City a written notice of exercise of Licensee's exercise of the extension option no later than ninety (90) days prior to expiration of the then-applicable Term. SECTION 5. CONDITIONS OF PREMISES AS IS. City represents and warrants that all water, sanitary sewer, electrical, gas, drainage facilities, and other utilities located outside the Premises and servicing the Premises are in good condition and adequate and suitable for Licensee's intended use of the Premises; provided that Licensee shall be responsible for installation of a grease trap or grease interceptor as provided in Section 24 of this Agreement. Except as expressly set forth above, the taking of possession of the Premises by Licensee shall, in itself, constitute acknowledgment that the Premises are in good condition. Upon taking possession of the Premises, Licensee agrees to accept the Premises in their presently existing condition, "as is," and agrees that City shall not be obligated to make any alterations, additions or betterments thereto except as expressly set forth in Sections 6 and 24 of this Agreement. SECTION 6. PUBLIC FACILITIES. RLS 7/5/16/16-5331/139358/DO -3- HB -436-Item 13. - 5 During the Term of this Agreement, City shall maintain in good condition and promptly repair and replace or cause to be maintained, repaired, or replaced, as required, all water, sanitary sewer, electrical, gas, drainage facilities, and other utilities located off of the Premises and outside the building on the Premises that are required for Licensee's intended use of the Premises; provided that Licensee shall be responsible for maintenance, repair, and replacement of the grease trap or grease interceptor as provided in Section 24 of this Agreement. During the Term of this Agreement, City shall also be responsible for complying with all ADA access requirements off of the Premises to the extent the same relates to the Premises. Except as expressly set forth above, by entering into this Agreement, City makes no stipulation as to the type, size, location or duration of public facilities, including, without limitation, any City parking lots to be maintained on property owned, controlled or occupied by City. SECTION 7. ADDITIONS, ALTERATIONS AND REMOVAL. (a) City hereby approves Licensee making the improvements and alterations to the Premises described in Exhibit "D" hereto. No other modifications, alterations or additions to the Premises, including, without limitation, construction of Improvements or changes to structural design or exterior furnishings shall be constructed or made by Licensee without Licensee first obtaining the prior written approval of City, which will not be unreasonably withheld. (b) Except as provided under this Agreement, no alteration or removal of existing Improvements on or natural features of the Premises shall be undertaken without Licensee first obtaining the prior written approval of City. RLS 7/5/16/16-5331/139358/DO -4- HB -437-Item 13. - 6 (c) Licensee's obligation to obtain City's prior written approval is separate and independent of Licensee's obligation to obtain any permits from City, such as, without limitation, a building permit. SECTION 8. CITY'S CONTRACT ADMINISTRATOR. City's Deputy Director of the Office of Business Development, or his or her designee, shall be City's Contract Administrator for this Agreement with the authority to act on behalf of City for the purposes of this Agreement, and all City approvals and notices required to be given herein to City shall be so directed and addressed. SECTION 9. LICENSE FEE. Licensee agrees to pay to City a license fee (the "License Fee") for the use and occupancy of the Premises per Exhibit "B." The License Fee consists of the Base License Fee and the Percentage License Fee. Licensee shall pay the monthly Base License Fee beginning on the commencement date of this Agreement. Licensee shall pay Percentage License Fee beginning on the first anniversary of the commencement date of this Agreement.. • Monthly Base License Fee o One thousand ($1,000) per month plus two percent (2%) annual increases, commencing June 1, 2017. • Percentage License Fee o Low Season (January, February, November, December): — 5.0% of Gross Sales. o Mid Season (March., April, October): = 10.0% of Gross Sales. RLS 7/5/16/16-5331/139358/DO -5- HB -438-Item 13. - 7 o Peak Season (May, June, July, August, September): = 12% of Gross Sales. Licensee shall pay the License Fee monthly to City at the City Treasurer's Office, P.O. Box 711, Huntington Beach, California, 92648, or at such other place or places as City may from time-to- time designate by written notice delivered to Licensee. Licensee shall pay the Base License Fee monthly, in advance. Licensee shall pay the Percentage License Fee within thirty (30) calendar days after the end of the month for which the Percentage License Fee is due and owing, or on the next business day if the thirtieth (30 th ) day falls on a weekend or holiday. SECTION 10. LATE CHARGE AND PENALTY. If any installment of the Base License Fee or Percentage License Fee is not received by the City Treasurer within ten (10) calendar days after the date such payment is due, or the next business day if the tenth (10 th ) day falls on a weekend or holiday, Licensee shall pay the following late charge and penalty: (1) a late charge of ten percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and (2) one and a half percent (11/2%) penalty per month shall be added for each month the Base License Fee or Percentage License Fee, as applicable, is due but unpaid. With respect to any other payments required by Licensee, a one and a half percent (11/2%) penalty per month shall be added for each month such payment hereunder is due but unpaid. SECTION 11. GROSS SALES DEFINED. For the purpose of this Agreement, the term "Gross Sales" shall mean the total price of all internet sales processed on site, merchandise, or services sold or rendered, or equipment rented, in, on, or from the Premises by Licensee, or anyone contracting with Licensee, including, without limitation, its agents or sub-licensees (collectively or individually, "Licensee RLS 7/5/16/16-5331/139358/DO -6- HB -439-Item 13. - 8 Party(ies)"), whether wholesale or retail, whether for cash or on credit, and if on credit whether or not paid, and whether in exchange for any other product, commodity, service, commercial paper or forbearance, and shall include, without limitation, the following: (a) All revenues, receipts, commissions or proceeds from on-line sales by Licensee Party(ies), and/or from all public telephones, vending, weighing and all other machines owned, operated, or leased to or by Licensee Party(ies) in, on, or from the Premises; (b) All revenues, receipts, commissions or proceeds from sales based on orders solicited or taken, in, on, or from the Premises for merchandise, or services to be delivered or rendered off, or from sources outside, the Premises, including, without limitation, all orders taken in, on, or from the Premises although the orders may be filled elsewhere; (c) All revenues, receipts, commissions or proceeds from the renting of equipment of any kind in, on, or from the Premises; and (d) All revenues, receipts, commissions or proceeds generated from offsite but delivered through the Concession; provided, however, that for purposes of this Agreement the term "Gross Sales" shall exclude all Hotel Sales. As used herein, the term "Hotel Sales" shall include all revenues, receipts, commissions, or proceeds generated from banquets, meetings, and any other group activities and events that are arranged or booked by or at the Hotel and delivered at the Premises. As used herein, the term "Hotel Sales" shall exclude any room charges for food, beverages, and services billed to guests of the Hotel but provided from the Premises (i.e., such sales shall be included in the definition of "Gross Sales" within the meaning of this Agreement). As used herein, the RLS 7/5/16/16-5331/139358/DO -7- HB -440-Item 13. - 9 term "Hotel" shall mean the Hyatt Regency Huntington Beach Resort and Spa located at 21500 Pacific Coast Highway, Huntington Beach, California, that is owned and operated by Licensee. (e) All revenues, receipts, commissions or proceeds made by Licensee Party(ies) or their employees or others acting on their behalf for the rendition of services of any kind whatsoever, made in, on, or from the Premises. (f) All other revenues, receipts, commissions or proceeds generated by, arising or derived whatsoever from the use of the Premises or derived whatsoever from any business conducted in, on, or from the Premises. (g) All revenues, receipts, commissions or proceeds generated from food and/or beverage sales made in, on, or from the Premises. For purposes of computing the Gross Sales figure on which to calculate the Percentage License Fee, the amount of Gross Sales shall start over at zero dollars on the first day of each month. SECTION 12. GROSS SALES EXCLUSIONS. Gross Sales shall not include the following items, and Licensee may deduct such items from Gross Sales to the extent they have been included therein or have been included in a prior computation of Gross Sales on which the Percentage License Fee has been paid under this Agreement to City: (a) Any sales, excise or other taxes otherwise includable in Gross Sales and which become part of the total price of merchandise or services sold or rendered, or equipment rented, in, on, or from the Premises where Licensee must account for and RLS 7/5/16/16-5331/139358/DO -8- HB -441-Item 13. - 10 remit the taxes to the government entity or entities which impose them, but only if such taxes are added to the total price and collected from customers; (b) Any transfer of trade inventory from the Premises to the manufacturer or supplier from whom it was obtained by Licensee; (c) Sales of Trade Fixtures (as defined in Section 49 below); (d) Sums and credits received in the settlement of claims for loss of or damage to trade inventory or Trade Fixtures; and (e) Any sales resulting in a cash or credit refund to a customer in the ordinary course of business. (f) Any sales of merchandise to City employees which take place at City Hall. (g) Hotel Sales (as defined in Section 11(d) of this Agreement). SECTION 13. BOOKS AND RECORDS. Licensee shall keep true and accurate books and records showing all of its business transactions (excluding Hotel Sales) in separate records of account for the Concession in a manner acceptable to City, and City and/or its designated representatives shall have the right, at all reasonable times, to inspect such books and records including, without limitation. State of California sales or use tax returns or other State return records, and Licensee hereby agrees that all such records and instruments shall promptly be delivered and made available to City and/or its designated representatives within thirty (30) days of receiving written request therefor. Licensee shall famish to City and/or its designated representatives copies of its quarterly California sales and use tax returns at the time each is filed with the State of California. The books and records shall show the total amount of Gross Sales made each calendar month in, on, or from the Premises and any exclusions listed in Section 12 above (with the exception that Hotel Sales need not be included in said books and records). All hotel guest and non-guest charges that are processed as cash, credit card, or room charges, at the Concession will flow through a point of sale system and shall be summarized on financial statements for purposes RLS 7/5/16/16-5331/139358/DO -9- HB -442-Item 13. - 11 of the City's audit. Furthermore, said sales will broken out as a separate food and beverage outlet. All summarized financial statements from the Concession shall support the percentage rent calculations that are remitted to the City." All sales and charges shall be recorded by means of cash registers which display the amount of the transaction certifying the amount recorded. The register shall be equipped with devices which log in daily, sales totals and which shall record on tapes the transaction numbers and sales details. At the end of each day the tape shall record the total sales for that. day. Licensee agrees to maintain on the Premises, or another location subject to the prior written approval of City, all records, books of account and cash register tapes, showing, or in any way pertaining to the Gross Sales made in, on, or from the Premises during such calendar month, including, without limitation. State of California sales or use tax returns or other State tax returns, for a period of five (5) years following the close of each calendar month. SECTION 14. STATEMENT OF GROSS SALES/AUDIT. At the time specified in Section 9 of this Agreement for the payment of each installment of the Percentage License Fee, Licensee shall deliver to City a true and accurate statement signed by Licensee or by an authorized employee of Licensee showing the total Gross Sales and any exclusions listed in Section 12 above (again, with the exception that Hotel Sales need not be included) made during the preceding calendar month and the amount of the Percentage License Fee then being paid calculated on such Gross Sales pursuant to this Agreement. The acceptance by City of any monies paid to City by Licensee as the Percentage License Fee, as shown by any statement furnished by Licensee, shall not be construed as an admission of the accuracy of the statement, or of the sufficiency of the amount of the Percentage License Fee payment, and City shall be entitled to review the adequacy of such payment as set forth herein. By the end of each December, Licensee shall deliver to City a year-end statement showing the total amount of Gross Sales made in, on, or from the Premises in each month of the preceding year, the total of any exclusions, the total Percentage License Fee paid to City for each of those months, all with year- RLS 7/5/16/16-5331/139358/DO -10- HB -443-Item 13. - 12 end totals. City may at any time within three (3) years after receiving the year-end statement, at its sole cost and expense, cause all records, books of account and cash register tapes for the year purportedly covered by the statement, to be audited by City or. an accountant selected by City. Licensee shall, within thirty (30) days of receiving written notice of City's desire for such an audit, deliver and make available all such records, books of account and cash register tapes to City or its designated representative for City's use in the audit and/or for copying. If the audit discloses that Gross Sales were understated and/or exclusions overstated, Licensee shall immediately pay the additional Percentage License Fee, together with a penalty thereon from the date it was due at the penalty rate set forth in Section 11 above. Furthermore, Licensee shall promptly on demand reimburse City for the cost and expense of the audit should the audit disclose that the questioned year-end statement understated Gross Sales (including an overstatement of exclusions) by an amount such that the Percentage License Fee has been underpaid by an amount greater than Two Hundred Fifty Dollars ($250.00). City further reserves the right to examine and audit all such records, books of account and cash register tapes at any time during the three (3) year period following the expiration or termination of this Agreement. In addition. City shall have the right to enter upon the Premises during business hours and with two (2) hours advance written, verbal or electronic notice to Licensee to perform any audit or inspection function with respect to this Agreement. Licensee, its bookkeeper and/or accountant shall respond to all questions and inquiries of City with respect to the books, records, statements and other documentation being examined, and shall promptly provide other further documentation as may be required by City. City is entitled to take statements by deposition under oath of Licensee, its officers, bookkeepers and/or RLS 7/5/16/16-5331/139358/DO HB -444-Item 13. - 13 accountants or any person who prepared the books, records, statements and other documentation required to be provided by Licensee under this Agreement. SECTION 15. SECURITY DEPOSIT. Upon execution hereof, Licensee shall pay and maintain at all times during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period, a security deposit with City in a sum of not less than Five Thousand Dollars ($5,000.00) to guarantee all of Licensee's obligations, liabilities, duties and responsibilities under the Agreement, including, without limitation, the repair and maintenance of the Premises as provided herein. Such deposit shall be in the form of a cash bond or an assignment of certificate of deposit (the "CD") or savings account to City, and shall be provided to the City Treasurer. The form of any such security deposit shall be approved by the City Attorney and the City Treasurer. No interest shall accrue on cash deposits to the benefit of Licensee, but interest shall accrue on a CD or savings account and shall be paid to Licensee under the terms of the CD or savings account. Licensee shall send a copy of each renewal of the CD to the City Treasurer to ensure that City has the records of each active deposit account. SECTION 16. QUALITY OF SALES. RENTALS AND SERVICES. Licensee, at its sole cost and expense, shall equip, operate, manage and maintain the Premises and Concession and shall keep the same equipped and maintained in a manner acceptable to City during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period. It is the intent of City that the Concession's services be provided in a manner to meet the needs of the visiting public, and should City deem the Concession's hours of operation and/or food, merchandise, services or rentals inadequate to meet such needs, City may require Licensee to make such changes requested by City. Licensee shall additionally RLS 7/5/16/16-5331/139358/DO -12- HB -445-Item 13. - 14 have the right, but not the obligation, to utilize the Concession to stage banquets, meetings, and other group activities and events that are arranged or booked by or at the Hotel and delivered at the Premises (i.e., Hotel Sales), provided that Hotel Sales shall be excluded when determining whether Licensee has satisfied its minimum day/hour operational obligations set forth in the next paragraph below. Licensee shall not use or permit the Premises to be used, in whole or in part, during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period for any purpose other than as herein set forth, without the prior written consent of City. Licensee shall only sell concessions and related merchandise at the concession stand. The concession stand shall be in operation for a minimum of one hundred twenty (120) days during the calendar year and for a minimum of four (4) hours a day, plus any additional days to accommodate special events. The minimum number of operating days and hours may be modified due to weather conditions or unforeseen events. Any modification to this minimum number of days or requests for special events (other than Hotel Sales, which are a permitted use) must be approved in advance in writing by the Deputy Director of the Office of Business Development or his or her designee. Except as permitted in advance in writing by City, all foods and beverages shall be sold in disposable containers. No pull-top cans or Styrofoam containers are to be vended or dispensed from the Premises. Licensee, wherever feasible, shall eliminate the use of non- recyclable containers and plastics. City may from time to time review the items sold and containers or utensils used or dispensed by Licensee. City reserves the right to prohibit the sale or use of non-recyclable containers or plastics, and Licensee shall comply with City's requirement regarding prohibition of non-recyclable items. With the exception of Hotel Sales, RLS 7/5/16/16-5331/139358/DO -13- HB -446-Item 13. - 15 Licensee shall comply with any City exclusivity agreement the City may have with any food or beverage sponsor, With the exception of Hotel Sales, City in its sole discretion reserves the right to prohibit Licensee's sale, provision or rental of any item or service rendered or pet -formed, which it deems objectionable or offensive, beyond the scope deemed necessary for proper service to the, public, inappropriate for sale, provision or rental by the Concession, or of inferior quality. SECTION 17. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT. Licensee hereby agrees to protect, defend, indemnify-and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with (1) the use or occupancy of the Premises by Licensee, its officers, employees or agents, or (2) the death or injury of any person or the damage to property caused by a condition of the Premises, or (3) the death or injury of any person or the damage to property caused by any act or omission of Licensee, its officers, employees or agents, or (4) any failure by Licensee to keep the Premises in a safe condition, or (5) Licensee's (or Licensee's agents and/or sub-licensees, if any) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by Licensee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Licensee shall hold all Trade Fixtures, personal property and trade inventory on the Premises at the sole risk of Licensee and save City harmless from any loss or damage thereto by any cause whatsoever, except such loss or damage which was caused by the RLS 7/5/16/16-5331/139358/DO -14- HB -447-Item 13. - 16 sole negligence or willful misconduct of City. Licensee will conduct all defense at its sole cost and expense and City shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. SECTION 18. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE. Licensee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Licensee covenants that it shall comply with such provisions prior to the commencement of this Agreement. Licensee shall obtain and furnish to City workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all sub-licensees and contractors to provide such workers' compensation and employers' liability insurance for all of the sub-licensees' and contractors' employees. Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee shall similarly require all sub-licensees and contractors to waive subrogation. SECTION 19. GENERAL PUBLIC LIABILITY INSURANCE. In addition to the workers' compensation and employers' liability insurance and Licensee's covenant to defend, hold harmless and indemnify City, Licensee shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises. This policy shall indemnify Licensee, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the Premises, and shall RLS 7/5/16/16-5331/139358/DO -15- HB -448-Item 13. - 17 provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000.00) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less- than One Million Dollars ($1,000,000.00) for the Premises. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the Agreement shall be deemed excess coverage and that Licensee's insurance shall be primary. Licensee shall require all sub-licensees to obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with the Premises in the same amounts required under this section. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. SECTION 20. PROPERTY INSURANCE. Licensee shall provide before commencement of this Agreement and shall obtain and furnish to City, at Licensee's sole cost and expense, property, and fire insurance with extended coverage endorsements thereon, by a company acceptable to City authorized to conduct insurance business in California, in an amount insuring for the full insurable value of all Improvements, Trade Fixtures, personal property whether or not owned or leased by Licensee, and all trade inventory in or on the Premises against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Licensee as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming City as an Additional Insured. The policy shall contain a special RLS 7/5/16/16-5331/139358/DO -16- HB -449-Item 13. - 18 endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, Trade Fixtures, personal property whether or not owned or leased by Licensee, and all trade inventory so damaged or destroyed; and if not so used, such proceeds (excluding any insurance proceeds for Trade Fixtures, personal property whether or not owned or leased by Licensee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The policy shall also contain a special endorsement that if the Premises are so destroyed triggering the parties' ability to terminate as set forth in Section 50 (Destruction) below, and either party elects to terminate the Agreement, the entire amount of any insurance proceeds (excluding such proceeds for Trade Fixtures, personal property whether or not owned or leased by Licensee and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The proceeds of any such insurance payable to City may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Premises or for any such other purpose(s) as City sees fit. This policy shall also contain the following endorsements: (a) The insurer shall not cancel or reduce the insured's coverage without (30) days' prior written notice to City; (b) City shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Agreement. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with City. Licensee shall require all sub-licensees to obtain and furnish to City, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to City authorized to conduct RLS 7/5/16/16-5331/139358/DO -17- HB -450-Item 13. - 19 insurance business in California, in compliance with the requirements and amounts set forth in this section. SECTION 21. INCREASE IN AMOUNT OF GENERAL PUBLIC LIABILITY AND PROPERTY INSURANCE. Not more frequently than once every two (2) years, if, in the sole opinion of City, the amount and/or scope of general public liability insurance in Section 19 above and/or property insurance coverage in Section 20 above at that time is not adequate. Licensee shall increase the insurance coverage as reasonably required by City. SECTION 22. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to commencement of this Agreement, Licensee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: (a) provide the name and policy number of each carrier and policy; (b) shall state that the policy is currently in force; and (c) shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of City; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to property insurance in Section 20 above. Licensee shall maintain the foregoing insurance coverages in force during the entire term of the Agreement or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Licensee's defense, hold harmless and indemnification obligations as set forth in this Agreement. RLS 7/5/16/16-5331/139358/DO -18- HB -451-Item 13. - 20 City or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Licensee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SECTION 23. INSURANCE HAZARDS. Licensee shall not commit or permit the commission of any acts on the Premises nor use or permit the use of the Premises in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Premises or required by this Agreement. Licensee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at reasonable rates. SECTION 24. MAINTENANCE OF PREMISES., IMPROVEMENTS During the entire Term of this Agreement City shall maintain, repair, and replace the Public Facilities outside the boundaries of the Premises which are City's responsibility as set forth in Section 6 of this Agreement. Licensee agrees to maintain the Premises in good order and repair, at Licensee's sole cost and expense, during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period, pursuant to the City's maintenance standards. A copy of the quarterly evaluation summary sheet setting forth the City's maintenance checklist is attached as Exhibit "C", and incorporated herein by this reference. Licensee's obligation includes, without limitation, maintaining and operating the Premises in a clean, safe, wholesome and sanitary condition free of trash, garbage or obstructions of any kind and in compliance with any and all present and future laws, general rules or regulations of any governmental authority now, or at any time during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period, in force, RLS 7/5/16/16-5331/139358/DO -19- HB -452-Item 13. - 21 relating to sanitation or public health, safety or welfare, or for the protection of life, limb or property; and Licensee shall at all times faithfully obey and comply with all laws, rules and regulations applicable thereto. Licensee shall be responsible for maintenance of the mechanical door unless the failure of the door is caused by environmental factors, the determination of which is to be made by the Deputy Director of the Office of Business Development or his or her designee. Licensee, at its sole cost and expense, shall remedy without delay any defective, dangerous or unsanitary conditions) caused by Licensee or anyone related thereto. Licensee shall maintain ADA access around the entire building. Licensee shall install and maintain grease trap(s) or grease interceptor(s) in accordance with the City's requirements set forth in Chapter 14.56 of the Huntington Beach Municipal Code. On a bi-monthly basis. Licensee shall inspect, service and maintain any outdoor drains to keep them free and clear of sand. Licensee shall paint, stain or seal the Premises' exterior surfaces a minimum of every three (3) years, unless City determines in its sole discretion that such work shall be done on a more frequent basis. All exterior metal surfaces, except the roof, shall be painted with rust resistant paint no less than once every other year. Any and all graffiti on the Premises shall be removed by Licensee, at its sole cost and expense, within forty-eight (48) hours of Licensee receiving notice thereof or of Licensee becoming aware of such graffiti. In addition, with or without notice from City, Licensee shall, at its sole cost and expense, repair and/or replace any broken glass within forty-eight (48) hours of its becoming broken, regardless of cause, except by fault of City. Except as provided above for graffiti and broken glass. Licensee, at its sole cost and expense and with or without notice from City, shall repair and/or replace all damage or destruction to the Premises caused by act(s) of vandalism as soon as possible but in no event later than fourteen days after the date such damage or destruction occurred. Licensee, at its sole RLS 7/5/16/16-5331/139358/DO -20- HB -453-Item 13. - 22 cost and expense, shall repair and/or replace all other damage or destruction to the Premises, regardless of cause, except by fault of City. Licensee shall comply with all written notices served by City with regard to the care and maintenance of the Premises. Any written notice hereunder shall specify the work to be done and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to commence making the necessary repairs within seven (7) days after receiving such notice, or within twenty-four (24) hours of the glass becoming broken in the case of broken glass, or fail to diligently proceed to complete the necessary repairs within the period of time reasonably specified in the City's notice, or within forty-eight (48) hours of the glass becoming broken in the case of broken glass, or within the forty-eight (48) hour time period for removing graffiti, or within fourteen (14) days of the date that the vandalism damage or destruction occurred, City shall proceed to cause the required work to be performed, and Licensee shall promptly reimburse City for the cost of labor and materials thereof and pay City a penalty on such costs at the penalty rate set forth in Section 10 above from the date the costs were incurred by City to the date they are reimbursed to City by Licensee. Licensee hereby expressly waives the right to make repairs at the expense of City and the benefit, if any, of the provisions of Sections 1941 and 1942 of the California Civil Code relating thereto. Licensee shall complete all proposed and approved improvements referred to in Exhibit "D" to this Agreement to the satisfaction of City no later than twelve (12) calendar months from Agreement commencement date. SECTION 25. LICENSE FEE CREDIT. RLS 7/5/16/16-5331/139358/DO -21- HB -454-Item 13. - 23 A License Fee credit may be available for some or all of any improvements, repairs, or maintenance performed by Licensee upon prior written approval by the Deputy Director of the Office of Business Development or his or her designee. The terms of payment of any License Fee credit will be determined by the Deputy Director of the Office of Business Development. City in its sole discretion may decide to give Licensee a License Fee credit if Licensee undertakes (1) any improvement, repair, or maintenance obligation of City under this Agreement, or (2) any work City in its sole discretion deems necessary and appropriate. Prior to Licensee undertaking any such work, City must agree in writing to the amount of and procedures for the License Fee credit, the work to be done by Licensee, and the cost of such work. SECTION 26. DAMAGE. DESTRUCTION OR NUISANCE. Licensee shall not commit or permit the commission by others of any damage or destruction of, on„ or to the Premises and/or Concession. Licensee shall not maintain, commit or permit the maintenance or commission of any nuisance as defined in Section 3479 and/or Section 3480 of the California Civil Code on the Premises; and Licensee shall not use or permit the use of the Premises for any unlawful purpose. SECTION 27. TAXES. This Agreement may create a possessory interest in property, which is subject to taxation. In the event that such possessory interest is created, Licensee agrees to be subject to the payment of and to pay taxes levied on such interest, at its sole cost and expense. Licensee also agrees to pay, at its sole cost and expense, before they become delinquent all other lawful taxes, assessments or charges, which at any time may be levied by any governmental agency including, without limitation, the State, County, City or any tax or assessment levying body upon any interest in this Agreement, or any possessory right which Licensee may have in or to the RLS 7/5/16/16 -5331/139358/DO -22- HB -455-Item 13. - 24 Premises, by reason of Licensee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on Trade Fixtures, personal property and trade inventory in, on, or about the Premises. Upon request. Licensee shall promptly furnish to City satisfactory evidence establishing such payment. Licensee shall comply with all laws, regulations and ordinances regarding the collection of taxes due a government agency. SECTION 28. PAYMENT OF OBLIGATIONS. Licensee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities and obligations incurred by Licensee in connection with Licensee's occupation and use of the Premises and/or operation of the Concession. Upon request, Licensee shall promptly furnish to City satisfactory evidence establishing such payment. SECTION 29. UTILITIES AND SERVICES Licensee shall be responsible for the payment of all utility charges, including, without limitation, gas, electricity, water, telephone service, cable TV service, and the furnishing of all necessary refuse and garbage containers and the removal and disposal of all rubbish, refuse and garbage resulting from the operation of the Premises and/or the Concession. All such rubbish, refuse and garbage removed shall be disposed of in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened and located to the satisfaction of City. For the purposes of this Section, sewage disposal shall be construed as a utility. All such charges shall be paid by Licensee directly to the provider of the service and shall be paid as they become due and payable. Upon request, Licensee shall promptly furnish to City satisfactory evidence establishing such payment. Licensee shall use good energy practices as described in the State of California Flex Your Power Best Practice Guide. SECTION 30. BUSINESS LICENSE. RLS 7/5/16/16-5331/139358/DO -23- HB -456-Item 13. - 25 Licensee shall maintain a business license from City during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period. SECTION 31. SIGNS. ADVERTISING AND APPROVAL OF NAME. City shall have the right to approve in its sole discretion and at any time require Licensee to change or remove signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed upon the Premises. No outdoor sales are allowed by Licensee unless prior written approval is obtained from the Deputy Director of the Office of Business Development or his or her designee. All outdoor displays or banners must first be approved in writing by the Deputy Director of the Office of Business Development or his or her designee. Should City approve of any sign, name, placard, decoration or advertising. Licensee shall maintain the same at all times during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period in good appearance and repair. All signs, names, placards, decorations or advertising must comply with all requirements of any governmental authority with jurisdiction. SECTION 32. SECTION 31 NO ASSIGNING. SUBLEASING OR ENCUMBERING. (a) Prohibition of Assignment. The parties acknowledge that City is entering into the Agreement in reliance upon the experience and abilities of Licensee and its principals. Consequently, Licensee shall not voluntarily assign, encumber or otherwise transfer its interest in the Agreement or in the Premises, or allow any other person or entity (except Licensee's authorized representatives) to occupy or use all or any part of the Premises without the prior written consent of City, which consent shall not be unreasonably withheld. Provided, however, that City's consent shall not relieve Licensee RLS 7/5/16/16-5331/139358/DO -24- HB -457-Item 13. - 26 from any and all of its obligations, liabilities, duties or responsibilities under this Agreement. Any assignment, encumbrance, occupation or use, or other transfer without such consent shall be voidable and, at City's sole discretion, shall constitute a Default of this Agreement. (b) Consent to Transfer. City's consent to any assignment, encumbrance, occupation or use, orr other transfer is subject to Licensee providing City with evidence satisfactory to City that the proposed, assignee, encumbrancer, occupier or user, or other transferee has suitable financial strength, experience and character for operation and control of the Premises and the Concession and that the use of the Premises by the proposed assignee, encumbrancer, occupier or user, or other transferee is consistent with that specified herein, and is commercially reasonable. Any proposed assignee, encumbrancer, occupier or user, or other transferee shall agree to abide by the terms and conditions of the Agreement including, without limitation, all the obligations, liabilities, duties and responsibilities of Licensee, and other conditions imposed upon it pursuant to law. An approval by City to one assignment, encumbrance, occupation or use, or other transfer shall not be deemed to be an approval to any other assignment, encumbrance, occupation or use, or other transfer. (c) Voluntary assignment defined. Except as otherwise expressly provided herein, any dissolution, merger, consolidation or reorganization of Licensee, or the sale or other transfer resulting in a transfer of a controlling percentage of the capital stock of Licensee (other than a transfer by will, devise, bequest, intestate succession, a transfer to or between the family members of Licensee, or a transfer to or between one or more RLS 7/5/16/16-5331/139358/DO -25- HB -458-Item 13. - 27 trusts for the benefit of Licensee and/or Licensee's family members, where applicable) shall be deemed a voluntary assignment. (d) Exceptions. Notwithstanding the foregoing paragraphs or anything to the contrary contained herein. City's consent shall not be required for an assignment or subleasing to an Affiliate, Subsidiary or Successor of Licensee (for purposes hereof, an "Affiliate," a "Subsidiary" and a "Successor" of Licensee are defined as follows: (a) an "Affiliate" is any corporation which directly or indirectly controls or is controlled or is under common control with Licensee (for this purpose, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such corporation, whether through the ownership of voting securities or by contract or otherwise), (b) a "Subsidiary" shall mean any corporation or partnership not less than twenty- five percent (25%) of whose outstanding stock shall, at the time, be owned directly or indirectly by Licensee and which is at least as creditworthy as Licensee, and (c) a "Successor" shall mean a corporation or partnership in which or with which Licensee is merged or consolidated, in accordance with applicable statutory provisions for merger or consolidation of corporations, or a corporation or partnership acquiring a substantial portion of the property and assets of Licensee. SECTION 33. TERMS BINDING ON SUCCESSORS. All the terms, covenants and conditions of this Agreement shall inure to the benefit of and be binding upon the parties and their successors, including, without limitation, their assignees, encumbrancers, occupiers or users, or other transferees. The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against RLS 7/5/16/16-5331/139358/DO -26- HB -459-Item 13. - 28 assignments, encumbrances, occupations or uses, or other transfers hereinbefore set forth, or (2) City's consent thereto. If more than one Licensee is a party to this Agreement, the obligations of the Licensees shall be joint and several. Even if City's consent is not required. Licensee shall immediately provide City with written notice of any, assignment, encumbrance, occupation or use, or other transfer. SECTION 34. DEFAULT The occurrence of any one or more of the following events shall constitute a material default and breach ("Default") of this Agreement by Licensee: (a) Licensee's failure to make any payment of the License Fee or other payment required to be made by Licensee at the time required for payment under this Agreement. (b) Licensee's failure to obtain or maintain the insurances and/or the security deposit as required under this Agreement. (c) Licensee's vacating or abandonment of the Premises during the entire term of this Agreement or any renewals or extensions thereof or during any holdover period, with the understanding that Licensee's failure to operate the Concession for the minimum periods referred to in Section 16 shall be deemed an abandonment of the Premises for purposes of this Section 34. (d) Licensee's violation of Section 17 (Indemnification, Defense and Hold Harmless Agreement), Section 32 (No Assigning, Subleasing or Encumbering), Section 45 (Hazardous Substances), Section 46 (Nondiscrimination), Section 47 (Sale of Alcoholic Beverages and Entertainment Prohibited), Section 60 (Conflict of Interest) or Section 62 (Compliance with Laws). RLS 7/5/16/16 -5331/139358/DO -27- HB -460-Item 13. - 29 (e) The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of Licensee's assets located at or on the Premises or of Licensee's interest in this Agreement, or the making by Licensee of a general arrangement or assignment for the benefit of creditors, or Licensee's filing a petition in bankruptcy, whether voluntary or involuntary, or the attachment, execution or the judicial seizure of substantially all of Licensee's assets located at or on the Premises or of Licensee's interest in the Agreement. Licensee's failure to observe or perform any other term, covenant, obligation, duty, responsibility of condition of this Agreement to be observed or performed by Licensee when such failure shall continue for a period of thirty (30) days after City's giving written notice to Licensee, or such earlier period if specifically set forth in this Agreement; however, if the nature of such failure is such that more than thirty (30) days are reasonably required for its cure, then Licensee shall not be deemed to be in Default if Licensee notifies City of the length of the additional time required to cure and receives City's written approval of the additional time required, which approval will not be unreasonably withheld, and commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion during such additional time period approved by City. SECTION 35. REMEDIES. (a) Cumulative Nature of Remedies. In the event of any Default by Licensee, City shall have the remedies described in this Section in addition to all other rights and remedies provided by law or equity, to which City may resort cumulatively or in the alternative: RLS 7/5/16/16-5331/139358/DO -28- HB -461-Item 13. - 30 Reentry without Termination. City may at City's sole discretion reenter the Premises, and, without terminating the Agreement, at any time and from time to time re-let the Premises or any part or parts of them for the account and in the name of Licensee or otherwise. Any re-letting may be for the remainder of the term or for a longer or shorter period. City may in City's sole discretion eject all persons or eject some and not others or eject none. In addition. City may in its sole discretion remove some or all of the Trade Fixtures, personal property and trade inventory from the Premises. City may store such removed Trade Fixtures, personal property and trade inventory in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account of and in the name of Licensee. City shall apply all rents from re-letting as follows: first, to the payment of reasonable expenses (including brokers' commissions) paid or incurred by or on behalf of City in recovering possession, placing the Premises in good condition, and preparing or altering the Premises for re-letting; second, to the reasonable expense of securing neAV subtenants; third, to the fulfillment of Licensee's covenants to the end of the term. City may execute any Agreements or subleases made under this provision either in City's name or in Licensee's name and City shall be entitled to all license fees and rents from the use, operation or occupancy of the Premises. Licensee shall nevertheless pay to City on the dates specified in this Agreement the equivalent of all sums required of Licensee under this Agreement, plus City's expenses, less the proceeds of any re-letting or attornment. RLS 7/5/16/16-5331/139358/DO -29- HB -462-Item 13. - 31 (2) Termination. In the event of a Default by Licensee, City may at City's sole discretion terminate this Agreement by giving Licensee written notice of termination. In the event City terminates this Agreement, City may recover possession of the Premises (which Licensee shall immediately surrender and vacate upon demand) and remove all persons therefrom, and Licensee shall comply with, without limitation. Sections 54 and 55 below. City also shall be entitled to recover as damages all of the following: (A) The worth at the time of the award of any unpaid License Fees or other charges which have been earned at the time of termination; (B) The worth at the time of the award of the amount by which the unpaid License Fees (each month's License Fee would be calculated as the average License Fee for that same month in the preceding years, or if Licensee did own/operate the Concession in the preceding years, then each month's License Fee would be calculated as the average of all months Licensee owned/operated the Concession) and other charges which would have been earned after termination until the time of the award exceeds the amount of the loss of such License Fee and other charges that Licensee proves could have been reasonably avoided; (C) The worth at the time of the award of the amount by which the unpaid License Fee (each month's License Fee would be calculated as the average License Fee for that same month in the preceding years, or if Licensee did not own/operate the Concession in the preceding years, then each month's License Fee would be calculated as the average of all RLS 7/5/16/16-5331/139358/DO -30- HB -463-Item 13. - 32 months Licensee owned/operated the Concession) and other charges for the balance of the term after the time of the award exceeds the amount of the loss of such License Fee and other charges that Licensee proves could have been reasonably avoided; (D) Any other amount necessary to compensate City for the , detriment proximately caused by Licensee's failure to perform its obligations, liabilities, duties or responsibilities under this Agreement; and (E) At City's sole discretion, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. As used in Sections 35(a)(2)(A) and (B) above, the "worth at the time of the award" shall be computed by allowing interest at the rate of twelve percent (12%) per annum. As used in Section 35(a)(2)(C) above, the "worth at the time of the award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1%). The amount recoverable by City pursuant to Section 35(a)(2)(D) above shall include, without limitation, any costs or expenses incurred by City in maintaining or preserving the Premises after such Default. (3) Use of Personal Property. City may at City's sole discretion use the Trade. Fixtures, personnel property and/or trade inventory located on, about or appurtenant to the Premises without compensation and without liability for use or damage, or store them in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account of and in the name of Licensee. RLS 7/5/16/16-5331/139358/DO -31- HB -464-Item 13. - 33 (b) Election of Remedy. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. (c) City's Right to Cure Licensee's Default. Upon continuance of any Default, City may in its sole discretion, but is not obligated to, cure such Default at Licensee's sole cost and expense. If City at any time, by reason of such Default by Licensee, pays any sum or does any act, the sum paid by City plus the reasonable cost of performing such act, together with a penalty thereon at the penalty rate set forth in Section 10 above from the date the costs were incurred or the act performed by City to the date they are reimbursed to City by Licensee, shall be due as an additional License Fee not later than five (5) days after service of a written demand therefor on Licensee, including reasonably detailed documentation of the amount owed. No such payment or act shall constitute a waiver of Default or of any remedy for Default or render City liable for any loss or damage resulting from any such act. (d) Waiver of Rights. Licensee hereby waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 or 1179, or under any other present or future law, in the event Licensee is evicted or City takes possession of the Premises by reason of any Default by Licensee hereunder. (e) Other Rights of City. No act of City, including, without limitation. City's entry on the Premises, efforts to re-let the Premises, or maintenance of the Premises, shall be construed as an election to terminate this Agreement unless a written notice of such intention is given to Licensee by City or unless the termination thereof is decreed by a RLS 7/5/16/16-5331/139358/DO -32- HB -465-Item 13. - 34 court of competent jurisdiction. Notwithstanding if City elects to continue the Agreement in full force and effect after a Default by Licensee and to re-let the Premises, City may at any time after such re-letting elect to terminate this Agreement for any such Default. SECTION 36. CUMULATIVE REMEDIES. The remedies given to City in this Agreement shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Agreement. City shall have the right to exercise any other right or remedy which City may have at law or in equity including, without limitation,. City's rights under the unlawful detainer laws, if applicable. SECTION 37. WAIVER OF DEFAULT. The waiver by City of any Default by Licensee of any of the provisions of this Agreement shall not constitute a continuing waiver or a waiver of any subsequent Default by Licensee either of the same or another provision of this Agreement. SECTION 38. CITY'S DEFAULTS/LICENSEE'S REMEDY. In the event City fails to perform any material obligation of City under this Agreement within sixty (60) days after receiving written notice from Licensee specifying the nature of such default, or, if the nature of City's obligation is such that more than sixty (60) days are required for its performance, if City fails to commence such performance within such sixty (60) day period and thereafter diligently prosecute the same to completion, then City shall be in default of this obligation. If City's default materially interferes with Licensee's use of the Premises for its intended purpose, Licensee shall have the option to terminate this Agreement by giving City at least sixty (60) days' written notice of its intent to terminate. In such a situation. Licensee must RLS 7/5/16/16-5331/139358/DO -33- HB -466-Item 13. - 35 still comply with all of its obligations, liabilities, duties and responsibilities under this Agreement, including, without limitation, paying any Rent due up to the time of termination and surrendering the Premises pursuant to Sections 54 and 55 below. SECTION 39. CONSENT. When City's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. SECTION 40. HOLDOVER. Should Licensee hold over and continue in possession of the Premises after expiration or termination of this Agreement, with or without the express prior written consent of City, Licensee's continued occupancy of the Premises shall constitute a month-to-month License Agreement, subject to all the terms and conditions of this Agreement, at a monthly License Fee of one hundred ten percent (110%) of the previous calendar year's annual License Fee divided by twelve (12) (or the average monthly License Fee for all months Licensee owned/operated the Concession if Licensee has owned/operated the Concession for less than one (1) year) or that month's actual License Fee, whichever is greater, and shall not constitute a renewal or extension of the Agreement term. SECTION 41. WAIVER OF CLAIMS. Licensee hereby waives any claim against City, its officers, elected or appointed officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Agreement, or any part thereof, or caused by any judgment or award in any suit or proceeding declaring this Agreement null, void or voidable, or delaying the Agreement or any part thereof from being carried out. RLS 7/5/16/16-5331/139358/DO -34- HB -467-Item 13. - 36 SECTION 42. INSPECTION OF PREMISES. Upon at least twenty-four (24) hours advance written, verbal or electronic notice given by City to Licensee, Licensee shall permit City or City's agents, representatives or employees to enter the Premises at all reasonable times for the purpose of inspecting, investigating and surveying the Premises to determine whether Licensee is complying with the terms of this Agreement and for the purpose of doing other lawful acts that may be necessary to protect City's interest in the Premises or to perform City's duties under this Agreement. City shall make quarterly physical inspections of the Premises and may direct that interior maintenance or outdoor painting repairs are to be performed where such work is necessary to protect the Premises or to provide a clean, attractive and well-maintained premise. Licensee shall perform those maintenance and repairs which they are responsible for within thirty (30) calendar days. City also shall have the right in its sole discretion to do any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or occupied by City. Licensee shall be given reasonable notice when such work becomes necessary, and Licensee shall adjust the operation of the Concession in such a manner that City may proceed expeditiously. SECTION 43, RESERVED. SECTION 44. PHOTOGRAPHY. Licensee acknowledges and agrees that City may grant permits to third parties engaged in the production of still and motion pictures and related activities to take photographs or videos of or on the Premises when such permission shall not interfere with the primary business of Licensee, all without providing Licensee with notice or requiring consent by Licensee. SECTION 45. HAZARDOUS SUBSTANCES. ALS 7/5/16/16-5331/139358/DO -35- HB -468-Item 13. - 37 Licensee represents and warrants that its use or occupation of the Premises shall not generate any Hazardous Substance (as defined below in this Section), and it shall not store or dispose on the Premises nor transport to or over the Premises any Hazardous Substance during the entire Term of this Agreement or any renewals or extensions thereof or during any holdover period. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Licensee of ordinary cleaning products as customarily used in Licensee's ordinary course of business at the Concession, provided that Licensee complies with all provisions of law as to the use, storage and disposal of such products. Licensee further agrees to clean up and remediate any such Hazardous Substance on the Premises, and agrees to protect, defend, indemnify and hold harmless City, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with any such Hazardous Substance and any damage, loss, or expense or liability resulting from any such Hazardous Substance including, without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of City. Licensee will conduct all defense at its sole cost and expense and City shall approve selection of Licensee's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by Licensee. "Hazardous Substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term, by any Federal, State or local environmental law, regulation or rule presently in effect or RLS 7/5/16/16-5331/139358/DO -36- HB -469-Item 13. - 38 promulgated in the future, as such law, regulation or rule may be amended from time to time; and it shall be interpreted to include, without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. SECTION 46. NONDISCRIMINATION. Licensee and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public. Nor shall Licensee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Agreement, Licensee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or physical handicap. Licensee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, without limitation, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including, without limitation, apprenticeship. Licensee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Subject to the privacy rights of its employees and applicable provisions of law, Licensee shall permit access to its records of employment, employment advertisements, application forms, RLS 7/5/16/16-5331/139358/DO -37- HB -470-Item 13. - 39 and other pertinent data and records by City, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose of investigation to ascertain compliance with this Section. City may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Licensee was a party, or upon receipt of a written notice from the State Fair Employment Practices Commission or other government agency with jurisdiction over these matters that it has investigated and determined that Licensee has violated the Fair Employment Practices Act or other applicable discrimination law and has issued an order which has become final, or obtained an injunction. In the event of violation of this Section, City shall have the right to terminate this Agreement, and any loss of revenue sustained by City by reason thereof shall be borne and paid for by Licensee, at its sole cost and expense. SECTION 47. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT PROHIBITED. Notwithstanding anything to the contrary, the sale or provision of alcoholic beverages and/or live entertainment in, on, or from the Premises is expressly forbidden, unless expressly permitted in writing by City in advance. For any proposed sale or provision of alcoholic beverages. Licensee must first obtain written City approval prior to submitting any request for approval to the Alcohol Beverage Commission. SECTION 48. LIENS. Licensee shall keep the Premises free and clear from any and all liens, including, without limitation, mechanics' or materialmens' liens, claims and demands for work performed, materials famished, or operations conducted on or about the Premises or by reason of any use or RLS 7/5/16/16-5331/139358/DO -38- HB -471-Item 13. - 40 occupancy by Licensee, or any person claiming under Licensee. When applicable, Licensee shall cause a notice of non-responsibility to be posted and recorded pursuant to California Civil Code Section 3094. SECTION 49. INSTALLATION AND REMOVAL OF TRADE FIXTURES. Licensee shall have the right during the entire term of this Agreement or any renewals or extensions thereof, at Licensee's sole cost and expense, to install or affix in, to, or on the Premises any machinery, equipment and other objects (the "Trade Fixtures"), for use in Licensee's trade or business as Licensee may deem advisable. Any and all such Trade Fixtures that can be removed without structural damage to the Premises shall, subject to Section 55 below, remain the property of Licensee and may be removed by Licensee at any time prior to the expiration or termination of this Agreement, provided Licensee repairs any damage caused by the removal. Upon execution of this Agreement and every anniversary, Licensee shall provide City with a list of all Trade Fixtures on the Premises. SECTION 50. DESTRUCTION. Should the Premises be partially destroyed, this Agreement shall continue in full force and effect, and Licensee, at Licensee's sole cost and expense, shall complete the work of repairing and restoring the Premises to their prior condition providing such work can be accomplished under all applicable governmental laws and regulations within one hundred eighty (180) days. Notwithstanding the foregoing, should the damage to the Premises be substantial enough such that Licensee determines, in its reasonable discretion, that it will be unable to feasibly and economically repair and restore the Premises and still realize a reasonable return on its investment over the remaining portion of the Term, Licensee shall have the right, within ninety (90) days of the occurrence of the casualty loss, to terminate this Agreement by delivery RLS 7/5/16/16-5331/139358/DO -39- HB -472-Item 13. - 41 of written notice of termination to the City, together with an assignment to City of Licensee's rights with respect to the disposition and use of any property insurance proceeds (excluding such proceeds for Trade Fixtures, personal property whether or not owned or leased by Licensee and trade inventory, but only to the extent that the insurance proceeds specifically cover those items). In addition, should the Premises be so far destroyed that in City's reasonable judgment they cannot be repaired or restored to their former condition within one hundred eighty (180) days, City shall have the right to give Licensee notice of such determination in writing and each party may, in that party's sole discretion: (a) Continue this Agreement in full force and effect in which case, subject to its termination rights set forth above, Licensee shall repair and restore, at Licensee's sole cost and expense, the Premises to their former condition; or (b) Terminate this Agreement by giving the other party thirty (30) days' written notice of such termination within sixty (60) days after the date that City gives Licensee notice that the Premises cannot be repaired or restored to their former condition within one hundred eighty (180) days. In the event that either party elects to terminate this Agreement, the entire amount of any insurance proceeds (excluding such proceeds for Trade Fixtures, personal property whether or not owned or leased by Licensee and trade inventory, but only to the extent that the insurance proceeds specifically cover those items) shall be paid to City. The proceeds of any such insurance payable to City may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Premises or for any other such purpose(s) as City sees fit. In addition, if Licensee elects to terminate the Agreement, Licensee must still comply with all of its obligations, liabilities, duties and responsibilities under the Agreement, including, without limitation, RLS 7/5/16/16-5331/139358/DO -40- HB -473-Item 13. - 42 paying any Rent due up to the time of termination and surrendering the Premises, pursuant to Sections 55 and 56 below. In the event of the damage or destruction of Improvements, Trade Fixtures and/or personal property located on the Premises not giving rise to a termination of this Agreement, Licensee shall, at its sole cost and expense, replace and repair the same as soon as reasonably possible to permit the prompt continuation of Licensee's business at the Premises. SECTION 51. NO ABATEMENT OF LICENSE FEE DURING REPAIR WORK. The License Fee shall not be abated for the time Licensee is prevented from using the whole or a portion of the Premises. In addition. Licensee shall not be excused from the payment of taxes, insurance or any other obligations for the time Licensee is prevented from using the whole or a portion of the Premises. SECTION 52. EMINENT DOMAIN. If, during the term of this Agreement or any renewals or extensions thereof or during any holdover period, City's real property (whether held by City in fee simple, an easement interest or otherwise) and/or the Premises is taken in eminent domain, the entire award (that is, all forms) of compensation, other than as provided herein, shall belong to and be paid to City. In the event of condemnation. Licensee shall be entitled to an award of only the following forms of compensation, if any, from the condemning authority: compensation for loss of business goodwill; compensation for the value of any of Licensee's Trade Fixtures; compensation for the value of any of Licensee's personal property; compensation for the value of any of Licensee's trade inventory; and compensation for relocation benefits as authorized by law. All other forms of compensation, such as, for example, but not by way of limitation, any bonus value of Licensee's interest in this Agreement, shall belong to and be paid to City. In the event of RLS 7/5/16/16-5331/139358/DO -41- HB -474-Item 13. - 43 condemnation, unless Licensee is allowed by the condemning authority to continue its operations on the Premises, the Agreement shall terminate on the earliest of the following dates: the date the condemning authority obtains a prejudgment order for possession; the date title to the Premises vests in the condemning authority; or the date when Licensee is required by the condemning authority to cease its operations. SECTION 53. RELOCATION AND ASSISTANCE. BUSINESS GOODWILL AND BONUS VALUE. Upon expiration or termination of this Agreement for any reason, but excluding eminent domain, Licensee shall not be entitled to any relocation rights or benefits, business goodwill or bonus value attributable to this Agreement, and Licensee expressly waives any claim to the same. SECTION 54. QUITCLAIM DEED. Upon expiration or termination of this Agreement as provided for herein. Licensee shall execute and deliver to City within thirty (30) days thereof, a good and sufficient quitclaim deed to the rights and interests of Licensee in the Premises and the Agreement. Should Licensee fail or refuse to deliver to City this quitclaim deed, City may record in the Orange County Recorder's Office a written notice reciting the failure of Licensee to execute and deliver this quitclaim deed. The date of recordation of this notice by City shall be conclusive evidence against Licensee and all persons claiming under Licensee of the expiration or termination of this Agreement and any rights or interests of Licensee in the Premises and/or the Agreement. Licensee also agrees to execute, acknowledge, and deliver to City any other instrument requested by City as necessary to perfect City's right, title and interest to the Premises. RLS 7/5/16/16-5331/139358/DO -42- HB -475-Item 13. - 44 SECTION 55. RESTORATION AND SURRENDER OF PREMISES/TITLE TO IMPROVEMENTS TO THE BUILDING. On expiration or termination of this Agreement, Licensee shall, without compensation to Licensee, promptly surrender and deliver the Premises to City in as good condition as such were at the commencement date of this Agreement, reasonable wear and tear excepted. Licensee also shall, without compensation to Licensee, surrender all Improvements to the building to City in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Licensee also shall remove all Trade Fixtures, personal property and trade inventory. City may in its sole discretion accept all or any portion of the Premises, as then improved with Improvements and no sum whatsoever shall be paid to Licensee or any other person; or City may require Licensee to remove all or any portion of such Improvements to the building, at Licensee's own risk and cost and expense; or City may itself remove or have removed all or any portion of such Improvements to the building, at Licensee's own risk and cost and expense. If required by City to do so, in removing any such Improvements to the building, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of City and shall be completed within thirty (30) days of the expiration or termination of this Agreement; provided, however, that Licensee shall be considered a holdover occupant (pursuant to Section 40 above) after expiration or termination of the Agreement until the time Licensee completes this removal and restoration work, including, without limitation, the removal of any Trade Fixtures, personal property and trade inventory left on the Premises. In addition, any Trade Fixtures, personal property or trade inventory left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee. In City's sole RLS 7/5/16/16-5331/139358/DO -43- HB -476-Item 13. - 45 discretion, it may choose to do one or more of the following: (1) take any or all of such Trade Fixtures, personal property and trade inventory as City property; (2) store any or all of such Trade Fixtures, personal property and trade inventory in a public warehouse or other location at the sole cost, expense and risk of Licensee, and for the account and in the name of Licensee; or (3) dispose of any or all of such Trade Fixtures, personal property and trade inventory without any liability to Licensee. In addition, Licensee's indemnification, hold harmless and defense obligations set forth in this Agreement shall apply to such Trade Fixtures, personal property and/or trade inventory, and to City's actions with respect thereto. SECTION 56. FORCE MAJEURE - UNAVOIDABLE DELAYS. Should the performance of any act required by this Agreement to be performed by either City or Licensee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act shall be extended for a period equivalent to the period of delay and performance of the act during the period of delay shall be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the License Fee or other consideration by Licensee as required by this Agreement or the performance of any act rendered difficult solely because of the financial condition of the party, City or Licensee, required to perform the act. SECTION 57. CITY'S OPTION TO CLOSE THE PREMISES, City may close the Premises without liability to Licensee therefor at any time that City in its reasonable discretion deems such action necessary for the protection of life, limb or property, or for imminent and serious public health or safety reasons; provided, that if the reason for such a RLS 7/5/16/16-5331/139358/DO -44- HB -477-Item 13. - 46 closure is a City default of its obligations under this Agreement nothing in this Section 57 is intended to release City from liability therefor or constitute a waiver of Licensee's rights with respect thereto. Except in the event of an unanticipated emergency, City shall the maximum amount of prior notice to Licensee of any such closure that is reasonably practicable under the circumstances. SECTION 58. DELIVERIES OF SUPPLIES. The Deputy Director of the Office of Business Development of City may establish the days and times deliveries of supplies may be made and advise Licensee in writing thereof. SECTION 59. EMPLOYEE PARKING, All employee parking shall comply with Huntington Beach Municipal Code Section 13,08.290(d) and (g). City shall provide up to two (2) annual parking passes to Licensee. SECTION 60. CONFLICT OF INTEREST. Licensee warrants and covenants that no official or employee of City, nor any business entity in which an official or employee of City is interested, (1) has been employed or retained by Licensee to solicit or aid in the procuring of this Agreement; or (2) shall be employed by Licensee in the performance of this Agreement without the immediate written divulgence of such fact to City. In the event City determines that the employment of any such official, employee or business entity is not compatible with such official's or employee's duties as an official or employee of City, Licensee, upon request of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to terminate this Agreement without liability and, in its discretion, recover the Ml amount of any such compensation paid to such official, employee or business entity. No official or employee of City RLS 7/5/16/16-5331/139358/DO -45- HB -478-Item 13. - 47 shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. SECTION 61. NOTICE. Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail - return receipt requested; or (a) one (1) business day after being sent by reputable overnight courier, in each, case to the addresses specified below; provided that City and Licensee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: CITY: City of Huntington Beach ATTN: Deputy Director of the Office of Business Development P.O. Box 190 Huntington Beach, CA 92648 LICENSEE: PCH Beach Resort LLC c/o Hyatt Regency Huntington Beach Resort and Spa 21500 Pacific Coast Highway Huntington Beach, CA 92648 Attention: General Manager With a Copy to: The Mayer Corporation 8951 Research Drive Irvine, CA 92618 Attention: RJ Mayer, President SECTION 62. COMPLIANCE WITH LAWS. Licensee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including, without limitation. Federal, State, county or municipal, relating to Licensee's use and occupancy of the Premises and/or RLS 7/5/16/16-5331/139358/DO -46- HB -479-Item 13. - 48 operation of the Concession whether such statutes, ordinances, regulations and requirements be now in force or hereinafter enacted. This Agreement is expressly subject to the laws, regulations and policies of City. Licensee shall deliver to City a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the Agreement, Premises or the Concession or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Premises. The final non-appealable judgment of any court of competent jurisdiction, or the admission by Licensee in a proceeding brought against Licensee by any government entity, that Licensee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and Licensee and shall be grounds for termination of this Agreement by City. SECTION 63. INTERPRETATION OF THIS AGREEMENT. The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this RLS 7/5/16/16-5331/139358/DO -47- HB -480-Item 13. - 49 Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. SECTION 64. SURVIVAL. Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. SECTION 65. MODIFICATION. No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. SECTION 66. SECTION HEADINGS. The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. SECTION 67. BROKERS. Each party warrants to and for the benefit of the other that it has had no dealings with any real estate broker or other agent (attorneys excepted) in connection with the negotiation or making of this Agreement. SECTION 68. INDEPENDENT CONTRACTOR. Licensee is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of City. Licensee shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state RLS 7/5/16116-5331/139358/DO -48- HB -481-Item 13. - 50 disability insurance compensation, unemployment compensation and other payroll deductions for Licensee and its officers, agents and employees and all business licenses, if any, in connection with the Agreement and/or any services to be performed hereunder. SECTION 69. ATTORNEY'S FEES. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 70. LEGAL SERVICES SUBCONTRACTING PROHIBITED. Licensee and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Licensee understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Licensee. SECTION 71. GOVERNING LAW. This Agreement shall be governed and construed in accordance with the laws of the State of California. SECTION 72. DUPLICATE ORIGINAL. The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who signed it. RLS 7/5/16/16-5331/139358/DO -49- HB -482-Item 13. - 51 SECTION 73. ENTIRETY. The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. The Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, the Premises, the leasing of the Premises to Licensee, or the Agreement term created under this Agreement and supersede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. RLS 7/5/16/16-5331/139358/DO -50- HB -483-Item 13. - 52 By: ITS: (circle one) Chai Vice President eputy ector of the Office of Bt4Te-Ssnpevelopment Assistant City Manager APPROVED AS TOORM: City Attorney ppo, 30in wv REVIEWED AND APPROVED: IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. LICENSEE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk AND By: g5rnor er- (print name) ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Trearsurer INITIATED AND APPROVED City Manager RLS 7/5/16/16-5331/139358/DO -51- HB -484-Item 13. - 53 EXHIBIT "A" DEPICTION OF THE PREMISES [On following page] RLS 7/5/16/16-5331/139358/DO -52- HB -485-Item 13. - 54 RLS 7/5/16/16-5331/139358/DO -53- HB -486-Item 13. - 55 EXHIBIT "B" MONTHLY LICENSE FEE SCHEDULE: Monthly Base License Fee: Begins at June 1 2017 Description Amount Monthly Base License Fee* $1,000.00 * Subject to fixed 2% annual increase. Percentage License Fee: Begins 12 Months from commencement date of Agreement Season Percentage of Gross Sales Low Season: (Jan., Feb., Nov., Dec.) 5% Mid Season: (Mar., Apr., Oct.) 10% Peak Season: (May, June, July, Aug., Sept.) 12% MONTHLY LICENSE FEE CALCULATION EXAMPLE: Assumptions: Minimum Base License Fee of $1,000 per month; Gross Sales of $5,500 Monthly License Fee — Nov. (Low Seasonl MONTHLY BASE LICENSE FEE $ 1,000.00 Percentage License Fee — Nov. (Low Season) 5% x $5,500.00 $ 275.00 PERCENTAGE LICENSE FEE $ 275.00 MONTHLY BASE LICENSE FEE PERCENTAGE LICENSE FEE $ 275.00 MONTHLY LICENSE FEE $ 1,275.00 $ 1,000.00 112/022064-0004 10085202.3 a01/30/17 EXHIBIT "B" HB -487-Item 13. - 56 EXHIBIT "C" QUARTERLY EVALUATION Month Year Today's Date Inspected By: Area Doors & Locks Exterior Walls Exterior Area Graffiti Removal Grease Trap Hood Grease Filters Interior Walls Removal of Bird Droppings Rest Room Roof Rust Signage Trash Trim Windows O.K. Needs Attention: COMMENTS: ACTION REQUIRED: AGREED TO: 112/022064-0004 10085202.3 a01/30/17 EXHIBIT "B" HB -488-Item 13. - 57 EXHIBIT "D" DESCRIPTION OF CITY-APPROVED IMPROVEMENTS/ALTERATIONS TO PREMISES • Remove and replace all exterior doors and windows • Repair and paint exterior stucco • Repair Roof (credit to be provided by City — amount TBD) • Replace and improve AC/Vent housing area on roof (credit to be provided by City — amount TBD) • Replace/ upgrade electrical panel • Construct a secure exterior storage facility behind existing building • Remove and replace existing wood countertops with stainless • Modify existing kitchen cook/prep line and install new equipment • ADA bathroom modifications • Remove and replace existing service counters • Install water heater • Improve exterior appearance of building, signage and public seating • Install Grease Trap 112/022064-0004 10085202.3 801/30/17 -2- HB -489-Item 13. - 58 PCHBEAC-01 JPURSLEY 1/4,---- CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DO/YYYY) 1/2412017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0726293 Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 18201 Von Karman Ave Suite 200 Irvine, CA 92612 CONTACT NAME: PHONE (AlC, No, Ext1: (949) 349-9800 , No: FAX (949) 349-9900 (MC ) E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC ti INSURER A : Travelers Property Casualty Co of America 25674 INSURED PCH Beach Resort, LLC c/o Hyatt Regency Huntington Beach Resort and Spa 21500 Pacific Coast Hwy Huntington Beach, CA 92648 INSURER B : ACE Property & Casualty Insurance Co 20699 INSURER C: INSURER 0: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTVVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WV0 POLICY NUMBER POLICY EFF (MMIDDNYYY) POLICY EXP (MM/DDIYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY X 6601D467808 05/27/2016 05/2712017 EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR r=sEEAR-aa 0 "rrpence) 300,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY 5 1,000,000 GEN'T AGGREGATE LIMIT APPLIES PER: _ GENERAL AGGREGATE $ 2,000,000 PRO- JECT x Loc PRODUCTS - COMP/OP AGG $ 2,000,000 X1 POLICY OTHER: $ A AUTOMOBILE LIABILITY BA1D467808 05/2712016 0512712017 COMBINED SINGLE LIMIT (Ea accident) s i,000,000 X X ANY AUTO BODILY INJURY (Per person) $ ALL OVVNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON-OWNED BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) S $ X UMBRELLA L1AB EXCESS LIAB X OCCUR CLAIMS-MADE PUMB16AG26785169 05/27/2016 05/27/2017 EACH OCCURRENCE 25,000,000 AGGREGATE $ 25,000,000 DED X RETENTIONS 10,000 WORKERS COMPENSATION EMPLOYERS' AND LIABILITY N IA PER STATUTE OTH- ER ANY PROPRIETOR/PARTNERJEXECUTIVE OFFICEPJMEMBER EXCLUDED? (Mandatory in NH) YIN E L. EACH ACCIDENT $ E.L. DISEASE EA EMPLOYEE $ If yes, descnbe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requi ed) Certificate holder is named Additional Insured Wth respects to Concession Stand at 21529 Pacific Coast Highway, Hungtinton Beach, CA 92648. Certificate holder is provided 30 day notice of cancellation (exception of 10 days for nonpayment) per (Form to follow from carrier) Re: Concession Stand located at 21529 Pacific Coast Highway, Hungtinton Beach, CA 92648 CERTIFICATE HOLDER CANCELLATION City of Huntington Beach Attn: Deputy Director of the Office of Business Development PO Box 190 Huntington Beach, CA 92648 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE " '':'“ C) 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD HB -490-Item 13. - 59 JPURSLEY ACC:PR CP" EVIDENCE OF PROPERTY INSURANCE DATE (MMIDD(YYYY) 1/24/2017 THIS EVIDENCE OF PROPERTY INSURANCE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE ADDITIONAL INTEREST NAMED BELOW. THIS EVIDENCE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS EVIDENCE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE ADDITIONAL INTEREST. I(A PHONE No Ext): MAO) 349.9800 /C Arthur J. Gallagher & Co. Insurance Brokers of CA., Inc. 18201 Von Kerman Ave Suite 200 Irvine, CA 92612 FAX (949) 349-9900 ,V IDAh C No). ss, jat, CODE: 0X4202 SUB CODE: AGENCY PCHBEAC-01 License # 0726293 CUSTOMER ID #: INSURED PCH Beach Resort, LLC c/o Hyatt Regency Huntington Beach Resort and Spa 21500 Pacific Coast Hwy Huntington Beach, CA 92648 PROPERTY INFORMATION COMPANY Travelers Property Casualty Co of America One Tower Square Hartford, CT 06183 LOAN NUMBER POLICY NUMBER KTJCMB8B31601616 EFFECTIVE DATE EXPIRATION DATE 5/27/2016 5/27/2017 THIS REPLACES PRIOR EVIDENCE DATED: AGENCY CONTINUED UNTIL TERMINATED IF CHECKED LOCATION/DESCRIPTION Concession Stand located at 21529 Pacific Coast Highway, Huntington Beach, CA 92618 THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EVIDENCE OF PROPERTY INSURANCE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. COVERAGE INFORMATION COVERAGE / PERILS / FORMS AMOUNT OF INSURANCE DEDUCTIBLE Building Tentant Improvements & Betterments (Special Form/Replacement Cost/Agreed Amount) $125,000 $10,000 Business Personal Property (Special Form/Replacement Cost/Agreed Amount) $250,000 $10,000 Business Income (ALS, 24 Hour Waiting Period) $400,000 24 Hrs REMARKS (Including Special Conditions) Special Conditions: Certificate holder is named Loss Payee with respects to Concession Stand at 21529 Pacific Coast Highway, Huntington Beach, CA 92648. Certificate holder is provided 30 days notice of cancellation (exception of 10 days for nonpayment) per (Form to follow from carrier). CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, ADDITIONAL INTEREST NAME AND ADDRESS City of Huntington Beach Attn: Deputy Director of the Office of Busienss Development PO Box 190 Huntington Beach, CA 92648 MORTGAGEE X LOSS PAYEE LOAN # AUTHORIZED REPRESENTATIVE /1:11/.(11 ADDITIONAL INSURED © 1993-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ACORD 27 (2009/12) HB -491-Item 13. - 60 .0ACC30/2'L:, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODNYYY) 1E726/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services central , Inc. Chi cago IL office 200 East Randolph Chicago IL 60601 USA CONTACT NAME: PHONE WC, No. Eat): (866) 283 -7122 I FAX (800) 363 -0105 (A/c. No: &mut. ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC ti INSURED Hyatt Corporation dba Hyatt Regency Huntington Beach 71 5. wacker Dr., 14th Floor Chicago IL 60606 USA INSURER A: Safety National Casual ty corp 15105 INSURER S: New Hampshire Ins co 23841 INSURER c: INSURER D; INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 570064241503 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSD SUER END POLICY NUMBER POLICY-EFF IMM1DOMYY1 POLICY EXP IMM/DDIVYYYL LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & AOV INJURY GEN'L AGGREGATE LIMIT APPLIES PER: -1 POLICY [ IPRO- JECT OTHER: LOG GENERAL AGGREGATE PRODUCTS - COMP/OP AGO AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILY INJURY ( Per person) OWNED AUTOS ONLY HIRED AUTOS ONLY .--- — — SCHEDULED AUTOS NON-OWNED AUTOS ONLY BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB EXCESS LIAB _ OCCUR CLAIMS-MADE EACH OCCURRENCE AGGREGATE CEO I IRETENTION B , ° WORKERS COMPENSAT ON AND EMPLOYERS' LIABILITY N ( A Y I N wc067940270 see Addendum wc067940271 CA 11/01/2016 11/01/2016 11/01/2017 11/01/2017 v 1 PER 0TH. ^ STATUTE ER I I I ANY PROPRIETOR! PARTNER I EXECUTIVE oFFICERIMEMBER EXCLUDED? N (Mandatory In NH) E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE-EA EMPLOYEE $1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE-POLICY LIMIT $1,000,000 A Excess WC sP4055761 See Addendum SIR applies per policy terns 11/01/201611/01/2017 & condi:ions EL Each Accident $1,000,000 DESCRIPTION OF OPERATIONS! LOCATIONS) VEHICLES (ACORD 101, Addittonal Remarks Schedule, may be attached If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. city of Huntington Beach 2000 main Street Huntington Beach CA 92648 USA AUTHORIZED REPRESENTATIVE c_Q42. ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Holder Identifier : HUNRH Certificate No: 570064241503 HB -492-Item 13. - 61 AGENCY CUSTOMER ID: 10224327 LOC #: .44C-00/2/::/ ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk Services Central, Inc. NAMED INSURED Hyatt Corporation POLICY NUMBER See certificate Number : 570064241503 CARRIER See certi fi cate Number : 570064241503 NACCODE EFFECTNE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance INSURER(S) AFFORDING COVERAGE NAIC # INSURER INSURER INSURER INSURER ADDITIONAL POLICIES Ira policy below does not include limit information, refer to the corresponding policy on the ACORD certiticate form for policy limits. INSR LTR TYPE OF INSURANCE ADM, INSD SUER VIND POLICY NUMBER POLICY EFFECTIVE DATE (NINI/DD)YYYY) POLICY EXPIRATION DATE (111M11/DDIVIVYY) LIMITS WORKERS COMPENSATION 13 N/A wc067940272 NJ 11/01/2016 11/01/2017 B N/A wc067940273 NC 11/01/2016 11/01/2017 B N/A wc067940274 UT 11/01/2016 11/01/2017 B N/A wc067940275 ND, WA, WI, WY 11/01/2016 11/01/2017 OTHER A sp4055760 Excess WC FL SIR applies per policy terms 11/01/2016 & conditions 11/01/2017 ACORD 101 (2008101) (32008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -493-Item 13. - 62 e .,44C;C:PRG, AGENCY CUSTOMER ID: 10224327 LOC #: ADDITIONAL REMARKS SCHEDULE Page _ of _ AGENCY Aon Risk services central, Inc. NAMED INSURED Hyatt corporation POLICY NUMBER See Certificate Number: 570064241503 CARRIER See Certi fi cate Number: 570064241503 NAIC CODE EFFECTIVE DATE. ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance workers compensation Addendum Policy Number: WC067940270 States Covered: CT, KS, MD, MN, MO, NE, NM, NY, OK, TN. Policy Number: SP4055761 states Covered: Az, CO, DC, GA, HI, IL, IN KY, LA, MA, MI, NV, OH, PA, SC, TX, VA. ACORD •IOT (2008/01) ©20G8 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -494-Item 13. - 63 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 -495-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 -496-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 -497-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 -498-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 -499-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 -500-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 -501-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 -502-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 -503-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 -504-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 -505-Item 14. - 11 Attachment No. 2.1 HB -506-Item 14. - 12 SHEET 1 OF 1 Exhibit A Legcl Description THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE LANDS AS SUBDIVIDED BY THE MAP OF SUNSET BEACH, FILED IN BOOK 3, PAGES 39 AND 40 OF MISCELLANEOUS MAPS, AND AS ANNEXED TO THE CITY OF HUNTINGTON BEACH IN THE ANNEXATION ENTITLED "SUNSET BEACH ANNEXATION TO THE CITY OF HUNTINGTON BEACH" AS DESCRIBED IN THE ORANGE COUNTY LOCAL AGENCY FORMATION COMMISSION'S (LAFCO), CERTIFICATE OF COMPLETION, RECORDED 22 AUGUST, 2011 AS DOCUMENT NUMBER 2011000412085 BOTH OF WHICH ARE LOCATED IN OFFICIAL RECORDS, OF SAID COUNTY, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BOUNDED ON THE SOUTHEAST BY THE NORTHERLY AND NORTHWESTERLY LINE OF THE CITY OF HUNTINGTON BEACH ANNEXATION DESIGNATED AS BOLSA CHICA STATE PARK ANNEXATION, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ON 5 APRIL, 1965 AS ORDINANCE NUMBER 1165. BOUNDED ON THE SOUTHWEST BY THE MEAN HIGH TIDE LINE OF THE PACIFIC OCEAN. BOUNDED ON THE NORTHWEST BY THE NORTHWESTERLY LINE OF THE RANCHO LA BOLSA CHICA, SAID NORTHWESTERLY LINE BEING THE CENTERLINE OF ANDERSON STREET AND THE SOUTHWESTERLY EXTENSION THEREOF, SAID NORTHWESTERLY LINE ALSO BEING THE SOUTHEASTERLY CITY BOUNDARY, OF THE THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA AS SAID BOUNDARY WAS ESTABLISHED BY CITY OF SEAL BEACH ANNEXATIONS No. 67-1 AND 76-1. BOUNDED ON THE NORTHEAST BY A LINE PARALLEL TO AND 55.00 FEET SOUTHWESTERLY OF THE CENTERLINE OF THE FORMER PACIFIC ELECTRIC RAILWAY RIGHT—OF—WAY, 80.00 FEET WIDE AS SHOWN ON THE MAP OF SUNSET BEACH FILED IN BOOK 3, PAGES 39 AND 40 OF MISCELLANEOUS MAPS AND RECORD OF SURVEY 93-1013, FILED IN BOOK 143, PAGES 16 THROUGH 25, INCLUSIVE, OF RECORDS OF SURVEY, BOTH LOCATED IN RECORDS OF SAID COUNTY. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. JOSEPH G. DERLETH PLS 7340, EXPIRES 12/31/17 LEGAL DESCRIPTION PROPOSED BEACHFRONT FLOOD ZONE REDESIGNATION AREA CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -507-Item 14. - 13 Attachment No. 2.3 HB -508-Item 14. - 14 Attachment No. 2.4 HB -509-Item 14. - 15 Attachment No. 2.5 HB -510-Item 14. - 16 Attachment No. 2.6 HB -511-Item 14. - 17 Attachment No. 3.1 HB -512-Item 14. - 18 Attachment No. 3.2 HB -513-Item 14. - 19 Attachment No. 4.1 HB -514-Item 14. - 20 Attachment No. 4.2 HB -515-Item 14. - 21 Draft Sunset Beach Specific Plan ____________________________________________________________________________________ August 2016 Page 34 Delete –FP3 line Attachment No. 5HB -516-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 -517-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 -518-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 -519-Item 14. - 25 Draft Sunset Beach Specific Plan August 2016 Page 34 Attachment No. 6.4 Delete –FP3 line HB -520-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 -521-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 -522-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 -523-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 -524-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 -525-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 -526-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 -527-Item 14. - 33 Attachment No. 7.4HB -528-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 -529-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 -530-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 -531-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 -532-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 -533-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 -534-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 -535-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 -536-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 -537-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 -538-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 -539-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 -540-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 -541-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 -542-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 -543-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 -544-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 -545-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 -546-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 -547-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 -548-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 -549-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 -550-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 -551-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 -552-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 -553-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 -554-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 -555-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 -556-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 -557-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 -558-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 -559-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 -560-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 -561-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 -562-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 -563-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 -564-Item 14. - 70 Flood Risk Review Meeting: Open Pacific Coast StudyOrange CountyMarch 8 and 9, 2016Attachment No. 8.1HB -565-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 -566-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 -567-Item 14. - 73 National Flood Insurance Program & Risk MAPAttachment No. 8.4HB -568-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 -569-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 -570-Item 14. - 76 7What is a FEMA Flood Insurance Rate Map (FIRM)?Attachment No. 8.7HB -571-Item 14. - 77 Open Pacific Coast StudyAttachment No. 8.8HB -572-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 -573-Item 14. - 79 10Overall OPC Study ScheduleAttachment No. 8.10HB -574-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 -575-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 -576-Item 14. - 82 Coastal Study ProcessAttachment No. 8.13HB -577-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 -578-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 -579-Item 14. - 85 16Field Reconnaissance• Discovery - Community Input• Areas of Concern• Structures AssessmentAttachment No. 8.16HB -580-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 -581-Item 14. - 87 18Analysis Methodology1-D Transect-based AnalysisAttachment No. 8.18HB -582-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 -583-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 -584-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 -585-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 -586-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 -587-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 -588-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 -589-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 -590-Item 14. - 96 27Flood Hazard MappingAttachment No. 8.27HB -591-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 -592-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 -593-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 -594-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 -595-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 -596-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 -597-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 -598-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 -599-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 -600-Item 14. - 106 37Stay Informed Throughout the StudyMeetings MaterialsStudy UpdatesWebsite: www.r9coastal.orgAttachment No. 8.37HB -601-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 -602-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 -603-Item 14. - 109 40Coastal Depth Grid Attachment No. 8.40HB -604-Item 14. - 110 41Sea-Level Rise & Coastal Erosion (Prototype)2050 Potential Shoreline Retreat2100 Potential Shoreline RetreatAttachment No. 8.41HB -605-Item 14. - 111 Online Work Map Commenting ToolAttachment No. 8.42HB -606-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 -607-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 -608-Item 14. - 114 45Comment Tool – Legend and Comment FunctionToggle Map LegendCreate CommentAttachment No. 8.45HB -609-Item 14. - 115 Questions & AnswersAttachment No. 8.46HB -610-Item 14. - 116 Work Map ReviewAttachment No. 8.47HB -611-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 BAYSIDE DRBOLSA AVE FOR R E S T A L L N HUSSEY RD1ST STPELORUS AVEHARBOR WAYCRESTVIEW AVE SEAL BEACH BLVDKITTS HWYUNION PACIFIC RRANCHOR WAY SIGNAL RDZONE D ZONE D City of Seal Beach 060233 P1 ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE D ZONE D ZONE D ZONE D6TH ST5TH STZONE AE(EL 8) ZONE AE(EL 8) BOLSA AVECASE RDBOLSA AVE NASA RD CASE RDPERIMETER RD ZONE AE(EL 8) ZONE AE(EL 8) SU R F S I D E A V E MA R I N E R D R PARK CIRCLE DRVEN T U R E D R RU N N I N G T I D E C I R REB E L C I R PIRA T E C I R SUNDANCER LNSOM E R S E T L N P E A L E L N GILBERT DRMO R I T Z D R CAROUSEL LNCORAL CAY LNCOURTSIDE CIRZONE AE(EL 8) IN T R E P I D L N BA Y V I E W D R O C E A N A V E P1 PA C I F I C A V E B O R D E A U X L N ADMIRALTY DRMARTIN LNPA C I F I C C O A S T H W Y O C E A N A V E ZONE AE(EL 8) SU N S E T W A Y E City of Seal Beach 060233 Pacific Ocean City of Huntington Beach 065034 ZONE VE(EL 20) ZONE AE(EL 8) 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. PACIF I C C O A S T H W Y PAC I F IC COA S T HW Y TEMPE DRCOUNTESS DRP O R T O F I N O CI R WALRUS LNTYPHOON LNAQUA R I U S D R SEASCAPE DR ZONE AE(EL 8)TRINIDAD LNZONE AZONE A BRAVATA DR MONTEGO DR WIND S P U N D R EDINGER AVE ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8)Transect BaselineTra n s e c t B a s e l i n e (6(5(4Jetty ZONE D Seal Beach Naval Weapons Station Seal Beach Naval Weapons Station Seal Beach Naval Weapons Station G R I M A U D L N DEVON CIREASTER CIRFALKLAND CIRC H A N N E L L N M A L D E N C I R 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 -612-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 LN CHANNEL LN ZONE AE(EL 8) ZONE VE(EL 20) ZONE VE(EL 23) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8) ZONE AE(EL 8)ZONE AE(EL 8) Pacific Ocean Tra n s e c t B a s e l i n e City of Huntington Beach 065034 City of Huntington Beach 065034 (6S P A C I F I C A V E O C E A N A V E P1 PA C I F I C A V E BL U E W A T E R L N MA R I N A B A Y D R P1 PA C I F I C C O A S T H W Y5TH ST6TH STPARK AVE10TH ST15TH STBROADWAY8TH ST 11TH ST 8TH STWARNER AVE O C E A N A V 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 -613-Item 14. - 119 Attachment No. 10.1 HB -614-Item 14. - 120 Attachment No. 10.2 HB -615-Item 14. - 121 Attachment No. 10.3 HB -616-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 -617-Item 14. - 123 - COUNTY OF OR,-.:JGE ENVIRONMENTAL MANAGEME.CiY FLOC) Li ORANGE COUNTY COASTLL z aes oiC voincoccsa ,cat-8 L LL JANUArN, 1985 Prepared by: MOFFATT & NICHOL, ENGINEERS HB -618-Item 14. - 124 Attachment No. 12.2 HB -619-Item 14. - 125 Attachment No. 12.3 HB -620-Item 14. - 126 Attachment No. 12.4 HB -621-Item 14. - 127 Attachment No. 12.5 HB -622-Item 14. - 128 TOPOGRAPHIC MAP SYMBOLS NORI3ON7AL AND VERTAL cONTPOL PONT rcnizuNTAL conrni_ rorN 7 vENT.GAL CONTFOL PONT OBSCURED conrouns DEPRESSON GONTOuPS SPOT ELEv3T*55 0 n,123.5 SNEET !NOE.% NOTE. • . CONTOUR ELEinTh3NS nRn Hr.SED ON NEON SET LIVEL OWOM. ORANGE' COUN1Y.SURVETOR 15/6. • ORANGE COUNTY - ENTInAmENrrIL MPNI*TMENT f-TUV:.' - ruBLTC 000xs -COuNr", 3uP/EyOR '3],,,:—_:': COASTAL FLOOD F'LAIN _ SUNSET BEACH RnTTRny nND nssoc., SuPyPP4 A ,n,lpiNt iSCBNENCD. CO. LOS A0Ci4LS. L.. S.W..... .c. 05191741.9696 (013101 4201 ,y14,g7p.9"hA I COW' :Or T.q .q m., rCE 1 5 ..2 .S.L .E7,2.2N 1i22uMPL ., P{O.,:i701;•.-S. f:77i714' ..o:=l::— :I•TIPL3 m]oro DnTE. 4/1020n EONTOuR INTERVAL ,285F7. i' 2 p A SEALE. 1" ;TT' nttachment No. 12.6 LEGEND 1. FP — 3 FP•3 LINE - Heavy daahod line on map. Structures muot ba pesTIre-Erd from wave activity in the FP-3 mane,. located seaward of tha FP-3 line. The FP-3 line would be near the landward limit af wave upruah on an undeveloped beach or bluff during atom. 2. OPDS OPDS LINE - Light dashed line on map. The Ocean Protective Device Srin1inO ia the aeavard limit beyond which protective d evicea way not be conetructed. The seaward edge of the crest of a protective device may not extend seaward of the OPDS line. , 3. BREAKING WAVE CHARACTERISTICS NOT APPLICABLE AT SUNSET BEACH. L. wave runup elevation limit on il rough 1 on 1.5 (riee/run) eloped revetment* same runup elevation limit on o emooth vertical seawall ar bulkhead* deeign breaking wave elevation* *Above OCVD at the FP-3 line considering 1964 conditions pesicr BREAKING-WAVE ELEVATION - Highest elevation above OCVD that woad be.Lmpaeted by wave forces breeking againat a vertical wall, if one wanted, normal to the direction of weve approach.. The upper limit of breaking waves is a measure of wave action . Abooed on a deeign wave and a deaign water depth condition with a specified design recurrence intarvel. • • ORANGE COUNTY VERTICAL DATUM (DCVO) - Vertical datum booed on mean spa level and obtained about every ten years through an - • analysia of 19 years of tide record, The OCVD rieee or falle an the mean eea surface along the Orange County coast fluctuatee. • Mean lower low water in approximately 2.63 feet below the OCVD. Elevations of structures and protective devices ..muet be referenced to the OCVD using•Orange County-benehmarke (DM'e). The elevation of a BM with reapect to the GCVO, and ite location, ten be' obtained from the County publication titled "Orange County Surveyor,.Vertical Control" (Environmental Management Agency)... •• Napa ahowing the location of all County We can be found in. a corraspondiog County publication titled "Orange County Surveyor, Control Mape." • PROTECTIVE DEVICE - A seawall, bulkhead, revetment or artificial dune deeignad to protecta structure located in the FP-3 cone. The design life of a protective device, which must be equal to or greater than 20 yearn, to the minimum period. after construction during which all major componenta of the device retain their fuoctional and structural design capabLlitiee. • RECURRENCE INTERVAL -.Time-period during which one coastal design event can be expected to occur. The 100-year recurrence • • interval, which must be uned for the design of structures and - _protective devices in Orange County, to the statistical probability that one event- that proohmes a limiting value of a • . coaetal phenomenon will occur in 100 years. or that it hae a one percent probability of occurring In e ainglo year. Recurrence intervel n should net be confused with deeign life which references on absolute time interval not a probabilistic value,. .REVETMENT - A protective device consisting of 0 facing of stone. UFKIEFFEiTeaat unite, etc., built to protect a acerp, embankment, or structure against erosion by wave action or currents. . RUNUP - The mill of water up protective device, beach, bluff TiCe-Or structure on the breaking of a wave. The exeunt of runup ia the vertical height above stillwater level that the rush of water reaches. The wove runup elevation limit is the highest elevation that will be reached by the rush of water from a breaking wave when that wave occur, during the deeign wave-event with the specified design recurrence interval, _The highest _elevation eubject to wetting by spray from the queign wave will be greater. than the runup elevation. - • SEAWALL - A protective device that eeparstee land and water. • ocean, primarily•delignod . to prevent erooion and other damage due to wave action. • • • STRUCTURE - A habitable dwelling, cabana, garage,Amck,•reetroom. -liF77—Ig6acad in .the FP-3 none. The_deaign life of -the foundation of a structure, which sur. be equal. to or greater than 30 years, ix the minimum period eft r construction during which all major components of the foundation system not protectcd by a protective device retain 'their functional and atructureI deaign capabilities. 4. DEFINITIONS BULKHEAD - A protective device designed as a partition to retain or prevent eliding of the land. A eecondory purpose is to . • • prntact,the upland ageinet damage from wave action. 1;, FFATT AL WWII.; ENGINEEAS LONG REAM CALIFORNIA v2 .VSP GROUP COMMUNITY PtANNING LANDSCAPI ARCIIITKTURE URBAN DESIGN VAN OELUSHIOTA PLANNiNG -GROUP 7791 CARTWRIGHT ROAO IRVINE. CA 92714 7111474-1412 HB -623-Item 14. - 129 TOPOGRAPHIC MAP SYMBOLS I23.5 N2RL2ONTAL AND vEITTiOAL cONTPOL POINT NOPIZONTAL ONTRUL POJNT VERTICAL CONTROL FONT OBSCURED CONTOURS CEPRESSION CONTOURS SPOT ELEVATIONS SHEET INDEX NOTE. • CON ,Oue eLeeor MEIN SLA CVi D11101, 9PONGE • C°11Nii, 9URVEYDP 19n 1-10JUSTMEN ,, ORANGE COUNTY ENv:RcNmENTRL 71;m73Emoo Gi7,45.' II.JE3I_Ir. ..;CRIeS COUNI,e IiiiI,Lir ,D., ::%:s:::,,, COASTAL FLOOD PLAIN SUNSET BEACH F4:I T TRW!" ONO P SS 0 . , i Nr.... SA,C`!%e 0 ..,:r:‘, I n !, I.SCOQ !CD. CR.. 01 RHRR.C.S. GP. sm,., r.,c., CV. [619174t-9,M6 t213,0-6120i c 7 n L)979.-9,5P I CERIII • ,I.: I`H5 I.IrII ,M.- I% ,i. R6REETI-L.R.7.-I: PCCLIR:Gy RECUIRTA." S. r:T14, .. --*72--'---- -4'. -;'1nxx POU10 tIn.:. ,./..d.o ,, ,, Lo,,,n j o 1,,,,ERvp,2e5F -. = 3 4 SCPLE , I"., Attachment No. 12.7 LEGEND 1. FP 3 -- FP-3 LINE - Heavy daehod line on map. Structuree must be pr,a from wave activity in the FP-1 zone. located seaweed of the FP-9 limo. The 7P-3 line would be near the landward limit of W000 uprueh on an undeveloped beach or bluff during a storm. 2. OPDS 01118. /./NE - Light dashed line on map. The Ocean Protective Be‘-7ra.t-.-§.Eringline is the seaward limit beyond which protective devices may not be conetructed. The seaward edge of the crest of a protective device may not extend seaward of the °PDS line. 3. BREAKING WAVE CHARACTERISTICS NOT APPLICABLE AT SUNSET BEACH. rwave runup elevation limit on a rough 1 en 1.5 (rineirun) eloped revetment* wave renup elevation limit on a emonth vertical seawall or bulkhead* design breaking wave elevation* *Above OCVD at the FP-3 line considering 1984 conditions 4. DEFINITIONS BULKHEAD - A protective device designed no a partition to retain or prevent sliding of the land. A secondary purpose is to protect the upland against damage from wove action. DESIGN BREAKING WAVE ELEVATION - Highest elevation above OCVD that would he impacted byways forcee breaking against a vertical well, if one existed, normal to the direction of wave approach. The upper limit of breaking waves is a meaeure of WRIVu action .based on a design wave and a design water depth condition with e specified design recurrence interval. ORANGE COUNTY VERTICAL DATUM (OCVD) - Vertical datum based on meau see level and Obtained about every ten years through an analysis of 19 yearn of tide record. The DCVO rises or fails an the mean sae surface along the Orange County coast fluctuates., Mean lower low water in approximately 2.83 feat below the DUD. Elevations of structures and protective device° must be referenced to the OCVD using Orange County benchmarka (BM'e). The elevation of a BM with reapect to the OCVD, and ite location, can be obtained from the County publication titled "Orange County Surveyor, Vertical Control" (Environmental Management Agency). Nape showing the location of all County BM'e can be found in a correapondingCounty publication titled "Orange County Surveyor, Control Nape." PROTECTIVE DEVICE - A seawall, bulkhead, revetment er artificial dune designed to protect d RIVRAIRYWO located to the FP-3 tone. The design life of a protective device, which must be equal to or greater than 20 yearn, to the minimum period After nongtruction . during which all major components of the device retain their functional sled structural design capabilities. RECURRENCE /NTERVAL - Time period during which ono coastal design event can be expected to occur. The 100-year recurrence interval, which must be wed for the deeign of structures and protective devices in Orange County, to the statistical probability that one event that produces a limiting value of a cosetn/ phenomenon.will occur in 100 yenta, or that it has a one percent probability of eccurring in a eingle year. Recurrence . interval'ahould not be confuted with design -life which references an abaolute time interval not a probabiliatic value. • REVETMENI. - A protective device consisting of d facing of stone, conerete. cast unite, etc., built to protect e scarp, embenkment, or structure ogainet urnsinn by wave Action at cerrenta.' RUNUP -.The rush of water up a protective device, beach, bluff T717c.7-cne otrurture on the breaking of a wave. The AmbUnt of ranee Ls the' vertical height above stillwater level that the rush of water reachea. The wave runup elevation limit io the highest .elevation that will be reached by the 'mob of water from a breaking wave when that wave occurs during the design we've event with the specified deeign recurrence interval. The highest' elevation subject to wetting by !Tray from the dseign wave will be greater than the runup elevation.' SEAWALL - A protective device that eeperatea .leod and water areas, primarily deaigned to prevent erasion and other damage due to wave action. • • • STRUCTURE - A habitable dwelling, cabana, garage, 'deck, reetrnom, etc. located in the FP-3 eerie. The deaign life nf the foundation of a structure, which must be equal to ar greater than 30 years, is the minimum period after construction during which all major components of the foundation system net protected by a protective 'device retain their functional and structural design • capabilities. VtFFFATT a !CHOI.; ENG/NI EE R5 vz VSP CROUP COMMUNITY PLANNING LANDLC_APE ARCHITECTURE URBAN RESIGN VAN DELLSHIOTA PLANNING CROUP -IMICAFITWRIGHT ROAD IRVINE CA 92714 714/4744112 LONG BEACH, CALIFORNIA HB -624-Item 14. - 130 FIZE1121.9311 WATEFi.71' AYMngilAVA tgarkr,.A 7.3 TOPOGRAPHIC MAP SYMBOLS HORIZONTAL AND vERTICAL CONTROL POINT FORiZONTAL CONTHOL' POINT VERTICAL coaNTRoL POINT pliscuRE0 CONTOURS DEPRESSION CONTOURS SPOT ELEVATIONS A 0 .123.5 SHEET INDEX NOTE! • CONTOUR ELEVOIJONS ARE OPUO. ON . HUN SEO LEVEL OHTLEH, owINGE COUNTY .SURVEYOR IOZSTIDjUsTHENT. ORANGE COUNTY .ENuIPONNENT0L mnvIGENENI NnENf., PuBLIC wGRKS.LouNTY suw/EY:7q DI'VFSION COASTAL FLOOD PLAIN: SUNSET BEACH RPTTPPY PND PSSDC,. INC. SIUTLETTAD I ,.,•PINE C510 ,411100. CP. als PNULLLs. C.. wnin W.:A, Cp. '61917 ,516E6 Ri3101 ii(r, t71,,,,F.s,s, I Ecpnry IHnt THIG wp , HcE.S ,PC PGPLED-LrcN nCEURPC 5' PEOwqm • ,. "----------. L .7.. TPZI1 PHOTO UHTL. ,./10/8 ,. :ONIOOR !NTERV 5L.255 ,,T. SLDLEI .'[" ee• Attachment No. 12.8 3. BREAKINGWAVECHARACTERISTICS NOT APPLICABLE AT SUNSET BEACH. rough 1 on 1.5 (rifle/run) eloped revetment* LI L wave runup elevation limit on a LEGEND 1. FP-3 FP-3 LINE - Heavy daahed line on map. Structure!' must be 17,7617Ezia from wave activity in the FP-3 none, located aeaward of the FP-3 line. The FP-3 Line woad be near the landward limit of wave uprunh on on undeveloped beach or bluff during a storm. 2. OPDS OPDS LINE - Light daahed line on map. The Ocean Protective Device Stringline ix the seavard limit beyond which protective devices may not be conetructed. The aeaVard edge of the crest of a protective device may not extend seaward of the OM line. wave runup elevation limit on a amooth vertical aeawall or bulkhead* deoign breaking wove elevation* *Above °CVO at the PT-3 lino el:moldering 1984 condttiono 4. DEFINITIONS BULKHEAD . A protective device designed as a partition to retain or prevent eliding of the land. A oacandary purpose is to protect the upland againot damage from wove actton. DESIGN BREAKING WAVE ELEVATION - Highest elevation above OCVD that would be impacted by wave forces breaking agninot a vertical wall, if one exieted, normal to the direction of wave approach. The upper limit of breaking waves in a meaoure of wave action -boned on a deaign wave and et design water depth condition with 4 apecified design recurrence interval. ORANGE COUNTY VERTICAL DATUM (OCVD) - Vertical datum based on mean nea level and obtained about every ten years through an ;Analysts of 19 yenta of tide record. The OCVD rtaes or folio an the mean sea ourfece along the Orange County coast fluctuates. Mean lower low water is appreximately 2.83 feet below the OCVD. Elevationo of structures and protective devices muot be referenced to the OCVD uaing Orange County benchmarks (We). The elevation of a BM with respect to the OCVD, and Eta location, can he obtaieed from the County publieatton titled "Orange County Surveyor, Vertical Control" (Envireemental Management Agency). Haps ohewiug the location of all County BM's can be found In a correspanding .Ceunty publication titled "Orange County Surveyor, Control Napa.' PROTECTIVE DEVICE - A eeewa/l, bulkhead, revetment or ;Artificial dune designed to protect a atructure located in the FP-3 tone. The design life of a protective device, which must be equal tn or greater than.20 peers, to the alai= period after conotruction during which .11 major campoOpara of the device retain their fenctinnel and structural deaign capabilities. RECURRENCE INTERVAL - Time period during which one coastal deaign event can be expected to.occur. The 100-year reeurrence interval, ubtch.muat be used for the design of acrecturua.and • .protective devicee in Orange County, in the statistical probability that ono event that predueea a limiting value of a • 'emote' phenomenon will occur in 100 yearn, or that it han a one percent probability of occurring in a single year. Recurrence intervalsehould net be confused with deaign lifa.which references on absolute time interval not a probabilistic valua. REVETMENT - A protective device el:mutating clE a fear's of atone, concrete, east unite, etc., built to protect a acarp,. embankment, at structure agoinet eronion by wive actioci . or eurzente. RUNUP-- The rush of water up a protective device, beech, bluff .1'70-or etructure on the breaking of a wave. The amount of runup Ls the vertical height above atillwater level that the rush of • water reachee. The wove runup elevation limit is the highent elevation that will be reached by the rush of water from o breaking wave when that •weve•occure during .the design wave event with. the specified deaign recurrence interval, The htgheet elevation aubject to wetting by epray from the deaign wave will . be greater than the'rupup elevation. SEAWALL - A.protective device that separates lend and water areas, prtmerily deaigned to prevent eroalen and other damage due to wave ;Action. STRUCIORE - A habitable dwelling, cabana, garage,-deck, reotroom, iiE77-IZCated in the FP-3 zone. The deeign life of the foundation of a structure, which suet be equal to or greater than 30 years, is the minimum period after conotruction during which all majur components of the foundation !vete= Cot protected by a protective device retain their functional and structural design. capobilities. (AFFATT S ICHOL; ENGINEERS LONG BEAM CALIFORNIA VSPCIRC)UP COMMUNITY PLANNINN LANDSCAPE ARCHITECTURE URBAN LUTON VANNHUEHIOUPLANNINCGROUP DWI CARTWRIGHT ROAD IRVINE, NA 9274 71447.1412 HB -625-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 -626-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 -627-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 -628-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 -629-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 -630-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 -631-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 -632-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 -633-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 -634-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 -635-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 -636-Item 14. - 142 Attachment No. 14.1HB -637-Item 14. - 143 Attachment No. 14.2HB -638-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 -639-Item 14. - 145 Attachment No. 16. 1 HB -640-Item 14. - 146 Attachment No. 16. 2 HB -641-Item 14. - 147 Sunset Beach Beachfront Flood Requirements Jan. 17 1 2017 SUPPLEMENTAL COMMUNICATION Meeting Date: /-/7-0/ Agenda item No.:, HB -642-Item 14. - 148 REQUEST 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 (SB) which will eliminate a current requirement for new homes to have an elevated foundation built on pilings or caissons among other requirements. Delete -FP3 overlay HB -643-Item 14. - 149 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. The current Federal Emergency Management Agency (FEMA) flood insurance rate map is proposed to be used instead as the basis for new construction. HB -644-Item 14. - 150 41. I • ... , •REQUEST Local Coastal Program Amendment (LCPA) No. 16-001 - to amend the City's Local Coastal Program in accordance with ZTA No. 16-003 and ZMA No. 16-001. LCPA No. 16-001 will require certification (approval) by the California Coastal Commission. HB -645-Item 14. - 151 II.EQLJ EST Negative Declaration (ND) No. 16-001 - to analyze the potential environmental impacts associated with the proposed project as required under the California Environmental Quality Act. ND was available for a 30-day public review period. Response to three comment letters received are included in the ND. None of the comments raised issues with respect to the adequacy of the draft ND. The City Council must act on the draft ND prior to action on the ZMA, ZTA and LCPA. HB -646-Item 14. - 152 ' BACKGROUND A few months ago, the Planning Commission and City Council denied an appeal by a property owner of the requirement for pilings/caissons. The City Council also gave staff direction to initiate the applications being presented tonight. HB -647-Item 14. - 153 ANALYSIS • Current —FP3 designation and flood standards in SB were adopted by Orange County in 1990 based on a 1985 County flood study as a follow up 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. • FEMA recently completed an updated study of coastal flood hazards in CA. It shows all SB beachfront properties still in Zone X except for the southernmost lot which will be in Zone VE (requires use of pilings/caissons). HB -648-Item 14. - 154 ANALYSIS • Enables the City to use the most current FEMA flood insurance rate map as basis for new construction. • FEMA map still meets the minimum flood protection requirements consistent with the General Plan 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 Coastal Act public access and public recreation policies. • Will not have a significant effect on the environment. HB -649-Item 14. - 155 RECOMMENDATION • Planning Commission and staff recommend approval based on these reasons. • Draft SBSP includes the following additional changes recommended by the Planning Commission: 1. the finished floor elevation for new construction on beachfront properties 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 as currently required on all non-beachfront properties; and 2. beachfront properties should have the ground slope toward South Pacific Avenue and not toward adjacent properties as required in the 1985 County flood study. HB -650-Item 14. - 156 END HB -651-Item 14. - 157 Esparza, Patty From: Sent: To: Subject: Sue Porter [sbyotsociety90742@gmail.com ] Tuesday, January 17, 2017 2:42 PM Esparza, Patty Against Amendment 16-001 We are against changing the amendment 16-003 local coastal program. I sent my protest to the first meeting because I am unable to physically attend and I still am. I'm against approval of 16-003/LCP Amendment because ocean front homes need to be on pilings due to the fact of flooding in Sunset Beach. It is inevitable that we will have a major storm and the homes built on the sand will probably sue hb for allowing this amendment change. There has not been a major earthquake lately but that has not stopped those building requirements to stay enforced because it will happen sometime just like flooding I hope that hb council members will reconsider their vote and that the coastal commission will say no to the change of amendment 16-001. Thank you Sue Porter sbyotsociety907420gmai1.com 562-595-3078 ( cell ) Sent from my iPhone Sent from my iPhone SUPPLEMENTAL COMMUNICATION Meeting Date:, / / Agenda item No.:, 1 HB -652-Item 14. - 158 Esparza, Patty /- /7 --;--0/ 7 From: Sent: To: Subject: Sue Porter Isbyotsociety90742@gmaiLoom] Tuesday, January 17, 2017 3:52 PM ) Esparza, Patty . Against amendment 16-003 not requiring ocean front pilings We are against changing the amendment 16-001 local coastal program. I sent my protest to the first meeting because I am unable to physically attend and still cannot. The reason I oppose approval of 16-003 LCP amendment is because ocean front homes need to be on pilings due to the fact of flooding in Sunset Beach. It is inevitable that we will have a major storm and the homes built only on sand with out pilings will probably sue hb for allowing this amendment change There has not been a major earthquake lately but that has not stopped those building requirements To stay enforced because it will happen sometime just like flooding. I hope that hb council members will reconsider their vote and that the coastal commission will say NO to the passing of amendment 16-003. Sue Porter sbyotsocietv90742Pgmail.com 562-595-3077 ( cell ) Sent from my iPhone 1 HB -653-Item 14. - 159 Esparza, Patty From: Sent: To: Subject: Sue Porter [sbyotsociety90742@gmail.conn] Tuesday, January 17, 2017 2:48 PM Esparza, Patty 16-001 Sorry just saw 1 mixed up on the numbers hopefully it Can be corrected Against. / 16-003 Keep / 16-001 Sue Porter Sent from my iPhone 1 HB -654-Item 14. - 160 From: lloyd =man fallwPme.com Subject: Life and Safety Issues regarding foundation guidelines for beach front properties in Sunset Beach Date: January 17, 2017 at 4:22 PM To: agendacomment@suricity-hb.org Cc: Michael Porter michael@mpparchitectcom, Cynthia Tomlinson CynthiaT@CreateltNowcom Dear Huntington Beach City Council Members, My name is Lloyd Warman and I purchased the property at 16611 South Pacific Avenue about a year ago, with the intent to remove the existing broken down duplex and constructing a beautiful contemporary family home. When I looked into the guidelines pertaining to the property I found, much to my chagrin, that the City sometimes follows a very outdated 30+ year old 1985 study that established rough guidelines, subject to change with the times, as it pertains to the nature of the required foundations. As an engineer myself, I became concerned that little to no attention appears to be being observed when it comes to life and safety, when building on the beach in an active earthquake area. The foundation we would like to use addresses this issue. I believe that it is in everybody's best interest to allow my architect and builder to follow a superior design, than it would be to be dictated by one staff person's poor interpretation of old guidelines, which in any event, no longer apply. To this end, I would like my architect to speak at the counsel meeting tonight to present the observations outlined betow. Thank you in advance for putting life and safety ahead of an apparent hit and miss interpretation of outdated guidelines. Regards, Lloyd Warman fsdlw@me.com TALKING POINTS CITY COUNCIL MEMBERS RE: AMENDMENTS TO THE SPECIFIC PLAN ETC, 1, The existing and proposed FEMA FIRM maps indicate that all but one parcel at the southern-most end of Sunset Beach are not in a flood zone requiring special foundation systems i.e. piles/caissons. 2. The 19135 study was commissioned to establish guidelines and the intent was to update coastal design criteria as new updated data became available. 3. The California Coastal Commission determined that upon annexation of Sunset Beach in August 2011 the Coastal Commission assumed the authority to issue Coastal Development Permits and will continue to do so until the approval of the Local Coastal Plan and Implementation Plan. The Coastal Commission requires a geotechnical/soils report and a Coastal Hazards Analysis addressing the specific property. This analysis addresses sea level rise, wave attack, erosion, and other future coastal hazards. In the intervening five and one half years the Coastal Commission has approved projects with various foundation systems, based upon a site by site analysis. HB -655-Item 14. - 161 / -/7 -20/7 Esparza, Patty From: Sent: To: Subject: Surf City Pipeline [noreply@user.govoutreach.com ] Tuesday, January 17, 2017 3:59 PM ) CITY COUNCIL; Agenda'Alerts Surf City Pipeline: Comment on an Agenda Item (notification) Request # 28538 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda & Public Hearing Comments Citizen name: Tony sellas Description: Hello, Please submit for the record for the City Council's Tuesday, January 17, 2017 PUBLIC HEARING item #14. Very important Attached is a Coastal Commission Q&A between the city and Coastal Commission and my review. Thank you Expected Close Date: January 18, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. 1 HB -656-Item 14. - 162 Please submit to the City Council meeting on Tuesday, January 17, 2017 PUBLIC HEARING item #14. Hello City Council, So for the late submittal. Very Important Please find the attached Coastal Commission Q&A between the City and Huntington Beach. Below are the highlights to be aware of. /) The large seasonal berm does not have a Coastal Commission permit and there was no Negative Declaration report done. 2) The Coastal Flood Plain Development Orange County Coastline January 1985 report has the temporary large berm to be built if the beach narrows below 150 ft. and if there is a stormy season. 3) Vista Views need to be retained from the street 4) Coastal access cannot be deterred. The problem. The removal of the FP-3 line is based on the large seasonal berm to stop the flooding. The large seasonal berm was recommended by the City staff and approved by the City Council on Nov 16, 2015. Here is the problem. 1) According to the attached Coastal Commission document the large seasonal berm does not have a Coastal permit. The city staff recommended it. 2) There was no Negative Declaration report done. 3) In the Coastal Commission report the City says there are access points at each street point. This is not true. The only access is Anderson street and Broadway. The reset of the berm is continuous. The height of the berm deters family and the elder from the coast because of the lose sand climbing the berm 4) The large berm blocks the vista points from the beach. Why is this important to the removal of the FP-3 line? 1) The seasonal berm coastal around 23K a year to maintain. 2) The Seasonal berm will shift the coastal financial responsibility to the City. If there is coastal flood and the berm does not hold and the house built based on the removal of the FP-3 line are damaged, then we the tax payers are on the hook. 3) Once the FP-3 line is removed the home owners can sue to have the smaller berms behind the housed removed. Remember per the definition of the FP-3 line HB -657-Item 14. - 163 a protective device is only needed to protect a structure in the FP zone. Since the house will not be in the FP zone then why do we need to small protective devices. 4) The removal of the FP-3 now does not require building standard to elevate your house compared the houses on North Pacific. Now once a house is built they will sue the city to remove the berm because the house is not in the FP-3 zone and there is no justification for the protective device. My recommendation is to order a new major report to completed. Here are my reasons. 1) Is a season berm required? It could say the City 23K a year. 2) Remove the City's liability we are currently accepting by changing the flood control plan to rely on the large season berm 3) Because the Coastal commission could reject the Non. 16, 2016 city's staff recommendation to build the seasonal berm and the change the width requirement with any Coastal permit or negative declaration. 4) The building height requirements need to be addressA 5) Are the smaller sand dunes (protective devices) behind the houses required if the FP-3 stay or goes. That's it. HB -658-Item 14. - 164 Planning Division 714.536.5271 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 . DEPARTMENT OF PLANNING AND BUILDING www.huntingtonbeachca.gov Building Division 714.536.5241 July 7, 2016 Meg Vaughn, Staff Analyst California Coastal Commission South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802-4302 SUBJECT: HUNTINGTON BEACH LOCAL COASTAL PROGRAM AMENDMENT NO. 1-16 (Sunset Beach) Dear Ms. Vaughn: Thank you for your review and comments on the City of Huntington Beach's submittal of the above referenced LCPA. This letter is in response to comments received from you in a letter dated February 1, 2016. Responses to each point in your letter and additional information are provided with this correspondence. Hazards: Flooding Comment: Please provide a detailed explanation describing how the City intends to implement the Chapter 222 floodplain requirements in Sunset Beach, while addressing the following inquiries. Response: The County of Orange previously designated the properties seaward of South Pacific Avenue as being in the —FP3 district. The City retained this designation in its Sunset Beach Specific Plan (SBSP). Section 3.3.8 (Flood Plain District) of the SBSP states: "The Huntington Beach Zoning and Subdivision Ordinance 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 floodplain map. Finished floor elevations shall also be in compliance with Section 3.3 Site Development Standards." The floodplain map referred to in this provision is the FEMA flood map or any floodplain identified in a flood study adopted by the City. The City will be applying Chapter 222 (Floodplain Overlay District) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) to the beachfront properties presently designated as —FP3 as well as to any future floodplain that may be designated in Sunset Beach as a result of updated information such as a new FEMA flood map or local flood study. Chapter 222 will HB -659-Item 14. - 165 LCPA No. 1-16 Page 2 of 15 supplement the SBSP by providing standards and criteria not specifically addressed in the SBSP. Comment: Please confirm whether the Coastal Flood Plain Development Study (1985) referenced in Section 2.4 Shoreline Management, Flooding, and Sea Level Rise of the Sunset Beach Specific Plan is the same document as the document included in the earlier 2011 Sunset Beach LCPA submittal which is titled Coastal Flood Plain Development Orange County Coastline, January 1985, prepared by Moffatt & Nichol Engineers. If not, please submit a copy of the referenced document. Policy 2.4.2 of the Sunset Beach Specific Plan (SBSP) states: "New development shall be required to comply with flood plain regulations and the 1985 County study, until such time that it is superseded, as required by Section 3.3.8 of this Specific Plan." Is this section referring to the Coastal Flood Plain Development Orange County Coastline, January 1985? If so, is this document intended to be attached as part of the Specific Plan (as an Appendix or otherwise)? If not, how will this requirement be implemented? As recognized below, Section 3.3.8 incorporates this document into the Specific Plan by reference. Thus, it seems it would be included as an Appendix, but it was not included as part of the Specific Plan document submitted with the amendment request. Section 3.3.8 states: "The Huntington Beach Zoning and Subdivision Ordinance 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 floodplain map. Finishedfloor elevations shall also be in compliance with Section 3.3 Site Development Standards." However, as discussed below, it does not appear that the floodplain overlay has been applied to the Specific Plan area. In addition, why is the County of Orange Coastal Flood Plain Development Study referred to "as amended"? Has there been an amendment to that document? If so, please submit the amended version of the County of Orange Coastal Flood Plain Development Study. Response: The Coastal Flood Plain Development Study (1985) referenced in Section 2.4 Shoreline Management, Flooding, and Sea Level Rise and Policy 2.4.2 of the SBSP is the same document included in the earlier 2011 Sunset Beach LCPA and titled Coastal Flood Plain Development Orange County Coastline January 1985 prepared by Moffatt & Nichol Engineers. A suggested modification to include this document as an appendix to the SBSP would be appropriate. al Comment: Section 2.4 Shoreline Management, Flooding, and Sea Level Rise, in the discussion under the heading Flooding (page 25 of the SBSP), states: "The Coastal Flood Plain Development Study requires that any new structure in this area [seaward of South Pacific Avenue] be raised to a specific height above a point on South Pacific Avenue." However in the Coastal Flood Plain Development Orange County Coastline, January 1985, I could not find such a reference. Beginning on page 39 of that study, specific to the Sunset Beach area, is discussion regarding the required "elevation of underside of structure." That section requires the minimum vertical distance between the ground elevation and the underside of the structure be 18 inches, but there HB -660-Item 14. - 166 LCPA No. 1-16 Page 3 of 15 does not appear to be a reference to measuring from a point on South Pacific Avenue. Please identify the location of the referenced language in the referenced document that requires a structure seaward of South Pacific Avenue to be raised above a specific point on South Pacific Avenue. Or, please explain this apparent discrepancy. Response: We also have not been able to find a reference in the Coastal Flood Plain Development Orange County Coastline January 1985 regarding the requirement to raise to a specific height above a point on South Pacific Avenue. City staff has been implementing the requirement to elevate the underside of the structure from the ground directly underneath pursuant to Chapter 4, Section 5.2 of the Coastal Flood Plain Development Orange County Coastline January 1985. Comment: The same section of the Specific Plan (page 25), states that the County designated the homes seaward of South Pacific Avenue as being in an —FP3 district. Has the City also designated these homes/properties as being in the —FP3 district? Typically, the overlay category suffix is added to the zone designation to indicate it applies to a property, as has been done in this case with the coastal zone overlay suffix (-cz). It does not appear that the City has attached the floodplain overlay district to any property in Sunset Beach Specific Plan area. Policy 2.4.2 of the SBSP (cited above) requires that new development shall comply with the flood plain regulations. Is Section 2.4.2 referring to the Chapter 222 FP Floodplain Overlay District of the City's Zoning and Subdivision Ordinance (the ZSO is also the City's LCP Implementation Plan)? If so, how will the City's Chapter 222 floodplain requirements be implemented in Sunset Beach if the Floodplain overlay suffix has not been attached to any areas within Sunset Beach? Or if Policy 2.4.2 is referring to other floodplain regulations, please identify the specific regulations and explain how they apply. SBSP Exhibit 1.3 Zoning Map identifies the proposed zoning as Sunset Beach Specific Plan — Coastal Zone Overlay (SP17-ez). There is no floodplain overlay designation suffix included in the proposed zoning. In addition, neither Exhibit 2.1 Land Use Plan Map nor Exhibit 3.1 Specific Plan Districts identify a floodplain overlay at any site in Sunset Beach. The Site Development Standards for the Sunset Beach Residential (SBR) District, Section 3.3.1 F.2 establish a bottom elevation requirement for structures outside the FP-3 District. Is this the same as the —FP3 district referenced elsewhere in the SBSP? Additionally, as discussed above, it does not appear that the City has applied the —FP3 (or FP-3) district anywhere in the Specific Plan area. Please explain this. Response: The intent of the City's SBSP is to retain the —FP3 designation that the County of Orange originally placed on the beachfront properties. The City's SBSP also refers to the Coastal Flood Plain Development Orange County Coastline January 1985 which includes flood maps showing the exact location o f the established —FP3 zone in the SBSP. The floodplain regulations noted in Policy 2.4.2 refer to Chapter 222 of the HBZSO. The FP-3 referred to in Section 3.3.1.F.2 is the same as the —FP3 referenced elsewhere in the SBSP. HB -661-Item 14. - 167 LCPA No. 1-16 Page 4 of 15 Comment: What plans are in place if the beach area recedes to less than 150 feet (the width identified as the condition under which ocean flooding is likely)? Regarding this circumstance, the Coastal Flood Plain Development Orange County Coastline, January 1985 states: "Design guidelines are 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. Should the beach retreat to less than that width, the possibility of storm erosion and breaking wave activity at the structures may occur. Then, flood protection as regulated by these design guides will not provide protection from wave impact forces. Design checks must then be modified to reflect the circumstances." Response: The United States Army Corps of Engineers undertakes sand replenishment in the Surfside and Sunset Beach area approximately every five to seven years to prevent the beach from narrowing down to 150 feet. In addition, the County and now the City, constructs a winter berm starting in Oct./Nov. whenever the beach is less than 250 feet wide. The winter berm is removed around April. If the beach area ever recedes to less than 150 feet, the City will review its option's, including amending the Coastal Flood Plain Development Orange County Coastline January 1985 to identify revised design guidelines that address the changed circumstances. Comment: Please provide a written explanation of how application of the City's Chapter 222 FP Floodplain Overlay District and the Coastal Flood Plain Development Orange County Coastline, January 1985 is expected to provide adequate flood protection in Sunset Beach. Response: As noted on pages 24-25 of the SBSP, all of the developed areas of Sunset Beach and a majority of the beach are presently designated by the Federal Emergency Management Agency as zone X. However, because of a history of flooding during high tides and significant wave height events, the County designated the beachfront properties as —FP3 in the 1980s. The City retained this designation through the adoption of the SBSP and continues to require new beachfront development to comply with the Coastal Flood Plain Development Orange County Coastline, January 1985 design guidelines (which require the use of minimum 20 foot long piles or caissons and elevation of the underside of the structure) and Chapter 222 (Floodplain Overlay District). Comment: On page 25 of the SBSP, the last sentence of the third paragraph states: "Existing lawful nonconforming residential uses may be severely impacted by the Coastal Flood Plain Development Study and will require special consideration." What does this mean? Response: This statement was retained from the County's SBSP certified by the Coastal Commission and the City has interpreted it to mean that existing structures would not be subject to the requirements of the study back when it was certified in 1990. HB -662-Item 14. - 168 LCPA No. 1-16 Page 5 of 15 Comment: Do the following three terms mean the same thing: "bottom elevation", "finished floor", and "elevation of the underside of the structure"? Are they used interchangeably? Section 2.4 Shoreline Management, Flooding, and Sea Level Rise (page 24 of the SBSP) refers to a document titled "Draft Orange County Coastal Regional Sediment Management Plan," dated April 2012. Please submit a copy of this document. Please submit a copy of U.S. Congress House Document 602, which established the Surfside Sunset Beach beach nourishment program. Response: Bottom elevation and finished floor are used interchangeably. Elevation of the underside of the structure is a different term and applies only to beachfront properties. Attached are the Orange County Coastal Regional Sediment Management Plan, June 2013, the most current version of the document and House Document 602. Sea Level Rise Comment: Policy 2.4.3 of the SBSP states that within five years of certification of the SBSP, the City will address Sea Level Rise (SLR) citywide through preparation of a Sea Level Rise Vulnerability Assessment and Coastal Resiliency Plan (SLRVA&CRP). Commission staff is aware that a draft version of this document has been prepared and submitted for review. We commend the City for this. However, SBSP raises a few questions related to SLR. Policy 2.4.3 makes no reference to incorporating the SLRVA&CRP into the City's LCP or to making any changes to the LCP based on the SLRVA&CRP. Is it the City's intent to amend the LCP (and the SBSP) based upon the SLRVA&CRP? If so, why is that not made clear in policy 2.4.3? If not, why not? Policy 2.4.4 includes development requirements related to sea level rise. However, it states: "Applicants proposing development on vacant land in Sunset Beach shall comply with ". Page 9 of the proposed Specific Plan states that there are 497 parcels in Sunset Beach, of which all but four are developed. Is the language above ("on vacant land") intended to apply only to these four parcels? Or would demolition of a structure cause a property to be considered vacant? If demolition of an existing structure triggers these development requirements, then a specific definition/threshold for what constitutes demolition vs. remodel will need to be developed. In any case, these requirements should apply broadly to development in Sunset Beach. Please explain how this policy will be implemented and what triggers its application. Response: As discussed at the meeting with Commission staff on February 4, 2016, the City has completed the SLRVA and is currently working on preparation of a CRP. The Coastal Resiliency Program will provide policy and implementation strategies and measures, consistent with the CCC adopted guidance, to address sea level rise in the city's General Plan, LCP and potentially the IP. The strategies outlined in the CRP will further inform potential future amendments to the various documents. At the February 4 th meeting, Commission staff agreed HB -663-Item 14. - 169 LCPA No. 1-16 Page 6 of 15 with this approach. The City believes that Policy 2.4.3 as currently written provides clear but broad language that is consistent with this approach as well. The reference to vacant land in Policy 2.4.4 is also intended to apply to properties that become vacant land as a result of complete demolition of existing buildings. Public Beach Comment: Beach Management Plan/Program Policy 2.4.1 states: "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." In addition, policy 2.2.2.viii states that the beach will be routinely cleaned and maintained "pursuant to a Beach Management Program." Does this refer to a future written document? Is there a timeframe for preparation of this program? What happens if it is not prepared? How will the beach be cleaned and maintained in the interim? Under what guidelines/standards? This policy (2.2.2.viii) also refers to the artificial dune and to "the protective growth barrier." Are these two the same thing? If not, what is the protective growth barrier? In addition to the considerations included in Policy 2.4.1 above, the Beach Management Plan likely should include, but is not limited to, descriptions of: the area the Beach Management Plan will cover, regular maintenance operations, seasonal debris removal, identification and protection of sensitive habitat, kelp management, marine mammal removal, parameters of on- going and seasonal activities, any on-going, regular programs (such as a Junior Lifeguard program, any recreational classes, etc.) and how they will be managed, use of the existing volleyball nets, special events coordination, signage program, and interdepartmental and interagency coordination. These should be supported by relevant attachments/exhibits. The plan should also identify what activities or programs will require approval of a coastal development permit. The Beach Management Plan should include a detailed description of the history and expected future of the ACOE led Surfside/Sunset Beach sand management program. What measures will be implemented if this program were to cease? The Beach Management Plan should consider/describe how the sediment management plan contributes to flood protection. Response: The Beach Management Plan is a future document that will be prepared following the Commission's adoption and incorporation of the Sunset Beach Specific Plan into the City's certified LCP. The City's Beach Operations Division maintains Sunset Beach in the same manner it maintains the other areas of the City and State beach that the City controls. The protective growth barrier referred to in Policy 2.2.2.viii refers to the ice plant that was planted to hold the artificial dune and maintained by adjacent property owners. Comment: Page 25 of the SBSP states that the County of Orange constructed a berm (also referred to as the artificial dune) following flooding in 1983 and that it is located 40 feet from the rear property lines along South Pacific Avenue. Please provide information regarding the height, width, and HB -664-Item 14. - 170 LCPA No. 1-16 Page? of 15 length of this berm. Has a Biological Assessment been prepared for this berm/dune? Is the City aware of a coastal development permit for construction of this berm by the County? Page 25 of the SBSP also states that the County of Orange has constructed a seasonal berm on the beach for the last 12 to 15 years. Is the City aware of a coastal development permit for construction of this berm by the County? Response: The artificial berm is approximately 2 to 3 feet high, 5 ft wide, and extends from Anderson St. to Warner Ave. with breaks at all 27 street ends which provide public beach access. The artificial berm was first constructed by the County in the 1980s and the City is not aware of the existence of a coastal development permit for the construction of the berm. In addition, the City does not know if the County prepared a biological assessment for the berm and is not aware of any areas within Sunset Beach, including the berm, that would be designated as sensitive habitat. Comment: Please explain why the City is proposing to ban fire rings on the beach. (Page 44, Section 3,3.3 B.6). Does this proposed prohibition apply to fire rings on both private and public property? Please provide a map showing all existing fire rings. Response: The County's certified SBSP prohibited fire rings. The City did not amend this provision. There are no existing fire rings in Sunset Beach. Comment: Throughout the SBSP, the terms beach and sand areas are used, often together. Why are both terms beach and sand areas used? Do they describe two different areas or are they the same thing? Please clarify then intent of using both terms. Response: The use of the terms beach and sand areas was carried over from the County's to the City's SBSP. They generally describe the same area of Sunset Beach. Comment: Snowy plovers are present on Sunset Beach https://losangelesaudubon.oraimages/stories/pdf/2014-15SNPL AnnualReport public.pdf ). Please consult with the California Department of Fish & Wildlife (CDFW) as to the general location/boundaries of the snowy plover population at Sunset Beach so that a map and appropriate policies can be developed to protect the habitat. Please submit the results of the consultation with CDFW. Response: The City has contacted CDFW and has included the results of the consultation. Comment: Policy 2.2.2.v states: "If necessary, a seasonal, temporary berm may be constructed during storm season to minimize erosion and flooding impacts." Would a coastal development permit be HB -665-Item 14. - 171 LCPA No. 1-16 Page 8 of 15 required for this? Or will the parameters, including trigger conditions for construction of the berm, construction methods, location, footprint and height of the berm, be detailed in the Beach Management Plan, approval of which would cover seasonal berm construction as well? Policy 2.2.3 states that the artificial dune shall be maintained. Is the City aware of an approved coastal development permit for this dune? Has a Biological Assessment been prepared for this dune? Policy 2.2.5.iv states: "Public beaches and parks shall maintain lower-cost user fees ...". What user fees is this referring to? Commission staff is not aware of any user fees for any beach, park or parking area in Sunset Beach. Please explain this. Section 33.3 CA Sunset Beach Parking Facility (SBP) states: "Parking control shall be in accordance with the City of Huntington Beach Municipal Code." Is this different than the parking standards in the City's Zoning and Subdivision Ordinance/IP? If so, please submit the parking control regulations of the Huntington Beach Municipal Codes referenced above. Response: The seasonal berm would be evaluated for coastal development permit requirements in accordance with Chapter 245 of the HBZSO. The County and now the City constructs a winter berm starting in Oct/Nov. whenever the beach is less than 250 feet wide and removes it around April. The winter berm could be as high as 6 to 8 feet if located in the middle of the beach or as low as 3 to 5 feet if located closer to the beachfront homes. It is constructed from Anderson Street to Warner Avenue and includes ramps for public and emergency vehicle access. As discussed in the city's response under public beach, the city is not aware of the existence of a coastal development permit approval or a Biological Assessment obtained by the County for the artificial dune. There are no user fees for use of the public beaches and parks in Sunset Beach. Section 3.3.3 refers to Municipal Code Chapter 10.52 Parking — City Lots (attached). It does not refer to the parking standards of the ZSO/IP. Comment: Please explain how the City is treating the Right of Way/Encroachment area between the sea and the first row of developed lots. Does the City consider the area to be publicly or privately owned? According to the 11/16/15 City Council minutes and an attachment to the 11/16/15 Request for City Council Action staff report (Letter from Nossman LLP, 7/24/15) included in the amendment request submittal, allegations regarding ownership of the beachfront encroachment area have been raised. The question of ownership of the Right of Way area adjoining the beachfront properties cannot be resolved via an LCPA action. The LCP should continue to treat this area as public until the issue is legally settled. Policy 2.2.2.vii states: "No development shall be permitted that would result in permanent loss of sandy beach area." How is this policy reconciled with the presence of the beach encroachments? Response: The City intends to treat the right of way area in the same manner that it was treated under the County's SBSP. The improvements are reconciled with Policy 2.2.2.vii because SBSP Section 3.3.3.B.5 only permits temporary uses and structures accessory to residential development within the 20 foot of beach property contiguous to the residential properties. It should be noted HB -666-Item 14. - 172 LCPA No. 1-16 Page 9 of 15 that the provision allowing beach improvements was in the County SBSP (page IV-15, Section 3.b.4.c) certified by the Coastal Commission, which was prior to the legal analysis submitted to the City referenced above (letter from Nossaman, 7/24/15). Parking Comment: Policy 2.3.9 states: "There shall be no parking on North and South Pacific Avenues, except in front of driveways by permit only." How does this effect/apply to the public parking along the greenbelt on Pacific Avenue? Is there an existing preferential parking program for this area (or any other Sunset Beach area)? If so, is it intended to be continued? If so, more information may be requested. Policy 2.3.11 states: "All street ends, except for emergency access, opening onto the beach shall be fully developed for public parking prior to any other public parking development." What if additional public parking were proposed in Sunset Beach prior to development of the street end parking? Would this policy preclude that? Please explain the intent of this policy. Do policies 2.3.13 and 2.3.14 refer to preferential parking programs? If so, more information may be requested. Please explain the intent of these policies. Development Standards for the Sunset Beach Residential District (3.3.1 F.6) would not require additional parking when "additions, not exceeding 50 percent of the floor area or the total structure, are made to lawfully nonconforming residences." Gross floor area should be specifically defined. A specific definition/threshold for what constitutes demolition vs. remodel may need to be developed. Section 3.3.4 A.2i Parking Requirements allows 40% of non-residential, required parking to be provided as tandem spaces. flow will this work given the small lot sizes, constrained parking, and built out nature of Sunset Beach? Would a parking plan be required if tandem parking is proposed? Would valet be required? What information supports the feasibility of this proposal? Response: Policy 2.3.9 pertains to the residential parking areas on North and South Pacific Avenues only and does not affect or apply to public parking along the greenbelt. There is no existing preferential parking program in Sunset Beach. As noted on page 20 of the SBSP, there is no issue with the amount of parking in Sunset Beach. Instead the distribution of available parking causes deficiencies to occur in certain areas. Policy 2.3.11 provides guidance as to what areas will receive priority when additional public parking is proposed to potentially address the distribution issue. However, it would not preclude the development of public parking elsewhere in Sunset Beach. Policies 2.3.13 and 2.3.14 do not necessarily refer to preferential parking programs. Instead, they could include other techniques such as shared parking for uses with divergent hours or valet parking. Gross floor area is defined in the HBZSO (see response under Residential Use on Commercial Properties). Typically, tandem parking permitted for a commercial development only works in conjunction with an attendant or valet parking plan. However, HB -667-Item 14. - 173 LCPA No. 1-16 Page 10 of 15 tandem parking for a specific project will be evaluated during the entitlement review for each proposed development to address any issues, such as those Commission staff have identified in the comment letter. Inland Waterways Comment: We note that Exhibit 2.2 Scenic Vista Viewpoints, was revised to include all of the beach fronting street ends as viewpoints, which Commission staff supports. However, were public views to the harbor considered as additions to the Scenic Vista exhibit? Would the City be agreeable to adding views to the harbor (such as opposite 11 1h Street, and possibly others) to this exhibit? Exhibit 2.3 Existing Beach Access identifies public access only at each of the beach fronting street ends. Why are no access points to the harbor identified? They are recognized elsewhere in the proposed SBSP. Policy 2.2.6, regarding inland waterways, states that the location of bulkhead lines and encroachment areas "shall be established". Does this mean they have not yet been established? It seems like they have been established, as reflected on proposed Exhibit 3.2. Please clarify this. Policy 2.2.6 iii states: "To meet visitor-serving needs, the .11 th Street public beach and sandy area opposite 17 Street at Pacific Coast Highway shall be retained in its present general configuration, or if reconfigured, shall provide equivalent recreational opportunities and shall be properly maintained." [Emphasis added]. What does the bolded language above mean? How could this area(s) be reconfigured, and under what circumstances? What constitutes "equivalent recreational opportunities? This language is reiterated at Item 7 on page 46. The language on page 46 also adds: "The launching of boats is specifically prohibited at all other publicly owned properties adjacent to Sunset Channel." How many other publicly owned properties are adjacent to Sunset Channel? Where are they located? Please explain why boat launching is prohibited at these sites. Please provide a map showing where the public can launch boats. Section 3.3.3 D Sunset Beach Waterways (SBII9 describes the need to obtain a Harbor Permit in addition to a coastal development permit for certain developments. Please provide more information on the Harbor Permit requirements, including the regulations upon which these permits are based. A principal permitted use in the Sunset Beach Tourist District is Commercial Boat Docks. • However, since this zone is applied only to land area, not water, how would this use work in the Tourist District? Commission staff recognizes commercial boat docks as a visitor serving use, but some clarification is needed in this case. Response: Exhibits 2.2 and 2.3 refer only to beach fronting street ends as viewpoints and access points and do not include current access points and public viewpoints of the Harbour. Public views of and access to the Harbour that presently exist would be maintained through policies in the LCP and HB -668-Item 14. - 174 LCPA No. 1-16 Page 11 of 15 SBSP that protect public coastal views and coastal access such that changes to the exhibits would not be necessary. Exhibit 3.2 does include permitted channel encroachments; therefore, revising Policy 2.2.6 to state that location of bulkhead lines and encroachment areas have been established is fine. The reference in Policy 2.2.6 iii to reconfiguring the 1 l th Street public beach and sandy area opposite 17 th Street at PCH was to allow the County and now the City the flexibility to consider improvements to those areas without reducing recreational opportunities. The City has no plans to reconfigure these areas. However, if the City were to undertake such a project, it would require a coastal development permit that would be appealable to the coastal commission. There are no other publicly owned properties adjacent to Sunset Channel. The only other location nearby where the public can launch boats is at the Huntington Harbour Yacht Club at 3821 Warner. Attached is a City Policy which serves as Standard Operating Procedures for Harbor Permits. There is no Municipal Code that serves as the basis for the Harbor Permit requirements. The permitted use of commercial boat docks in the Sunset Beach Tourist District could include ticket booths and other uses on land that are ancillary to boat docks. Residential Use on Commercial Properties Comment: Section 3.3.2 C.4 would allow residential uses in the Sunset Beach Tourist commercial district when located above the first floor of a principal permitted (commercial) use, when parking for both the primary commercial use(s) and the residential use is provided as required by the SBSP, and when the residential use does not exceed 50 percent of the gross square footage of the entire structure. In addition, this section would also allow additions to lawful nonconforming residential uses if their cost does not exceed 50 percent of the market value of the residential use. Given the small lot sizes, constrained parking and built out nature of Sunset Beach, please provide information on how allowing residential use in addition to the principal commercial use is expected to be feasible. If the proposed allowance of residential within commercial areas is demonstrated to be feasible, more specific standards will likely be required. The "fifty percent of the gross floor area" standard will need to be more specifically defined. For example, when determining the gross floor area, how will enclosed parking areas be included? How will storage areas for the commercial establishment be included? Please provide detailed standards for how the total gross floor area will be determined. Please describe how it is feasible to provide parking for a residential use in addition to the required commercial use on-site. Experience shows that many of the commercial properties, even without the addition of residential uses, have difficulty providing required parking. Please provide a written explanation of how the proposal to allow residential development in addition to commercial development on commercial properties would not create parking and implementation issues. Please provide background information on how well the combination of residential with commercial has worked in the past. Please cite examples. Do any existing mixed-use residential commercial developments provide all the required parking on site? HB -669-Item 14. - 175 LCPA No. 1-16 Page 12 of 15 Response: The City is currently reviewing the first mixed use project proposed in Sunset Beach since taking over the land use authority from the County a year ago. The proposed project is three stories and includes one commercial and one residential unit. The number of proposed parking spaces does not comply with code and includes tandem parking. A mixed use project could work in Sunset Beach if small in size in order to be able to provide the required parking. Otherwise, a developer may end up requesting variances. The HBZSO definition of gross floor area is as follows: The total enclosed area of all floors of a building measured to the outside face of the structural members in exterior walls, and including halls, stairways, elevator shafts at each floor level, service and mechanical equipment rooms, and habitable basement or attic areas, but excluding area for vehicle parking and loading. The only other mixed use project that the City has some information on is the most recent mixed use project that the County approved at 16601 PCH. This development is three stories, 3,700 square feet, and includes an office and a residential unit. This project met the parking requirements because the County did not require parking for common areas such as the lobby or common hallways. In addition, the long side of the property faces a numbered street which allowed a drive aisle with parking on both sides. Comment: Footnote 2, on page 11 indicates that there are "... 55 residential units in areas designated for principally commercial uses." Are these 55 residential units part of a commercial development or solely residential? Please identify the number of solely residential development on commercial properties vs. the number of properties that include both commercial and residential. For those properties that have both commercial and residential, is adequate on-site parking provided? Policy 2.2.8 states: "Should any existing residence presently on property designated for commercial use be destroyed, such may be rebuilt as a residence providing it conforms to the provisions of the residential guidelines." This is also reiterated in the Sunset Beach Tourist District Section 3.3.2 EL What does "destroyed" mean in this context? Is it limited to a natural disaster? Is this defined anywhere in the LCP? How does this language work with the existing disaster replacement language in Chapter 245 of the IP? Response: Our records indicate that there are nine developments designated Sunset Beach Tourist that include both residential and commercial units and 18 developments that have solely residential units. These projects would have been required to meet the County's parking requirements in effect at the time of construction. The City would interpret Policy 2.2.8 to apply to projects that are destroyed as a result of a natural disaster which is not defined anywhere in the SBSP. The existing disaster replacement language in Chapter 245 could potentially require a coastal development permit to rebuild a nonconforming structure. HB -670-Item 14. - 176 LCPA No. 1-16 Page 13 of 15 Lower Cost Overnight Accommodations Comment: Policy 2.2.10 states, in part: "Establish a method to define whether a facility providing overnight accommodation is low, moderate, or high cost." In addition, policy 2.2.11 states: "Maintain an — inventory of the number of existing motel and hotel rooms and room rates." What is the status of preparation of the method to define whether a facility is low, moderate or high cost? What is the status of preparation of an inventory of motel and hotel rooms and room rates? An inventory of existing motel and hotel rooms and room rates should be provided with this LCP amendment. In the Sunset Beach Residential (SBR) section, Policy 3.3.1 C.7a, regarding Short-term vacation rentals, states: "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." Is this policy intended to eliminate short-term vacation rentals? Or is it intended to regulate the use? Please clarify how this section will be implemented, particularly with respect to the priority to provide lower cost overnight visitor accommodations. Response:. We would begin to implement Policy 2.2.10 upon adoption by the CCC and incorporation of the SBSP into the City's certified LCP. Attached is an inventory of existing motel and hotel rooms and rates. Policy 3.3.1C.7a is intended to permit and regulate short term vacation rentals. A deadline of 12 months to obtain CUP approval with appropriate conditions to make short term vacation rentals compatible with surrounding residential uses was established. Administration Comment: The City submitted a similar LCPA to address the Sunset Beach annexation in 2011. That LCPA was subsequently withdrawn prior to Commission action. That submittal included a request to amend the LCP zoning map to incorporate Sunset Beach into the City and to establish the zoning designation on the City's zoning map. However, a request to amend the City's zoning map was not included in the current LCPA request. How will the Zoning Map reflect the incorporation of Sunset Beach into the City? A revised legislative draft(s) reflecting the final, proposed versions would be helpful. Please confirm whether the legislative draft versions of the proposed changes to the Coastal Element (LCP Land Use Plan) and to the Sunset Beach Specific Plan attached to Request for City Council Action 11/16/15 accurately reflect the final version of the proposed changes within those documents. If not, please submit a legislative draft that does reflect the proposed versions. It appears that changes made to the Specific Plan that are not highlighted in legislative draft (that HB -671-Item 14. - 177 LCPA No, 1-16 Page 14 of 15 are included in Exhibit A to City Council Resolution No. 2015-78) include changes in language in Development Standards, General Provisions, Policy 3.2.16 regarding encouraging rather than requiring "green" building practices; and in 3.3.3 B.5 Public Facilities, Sunset Beach Beach Area (SBB) regarding the beachfront encroachments, the term "encroachments" is replaced with the term "improvements." Are there other areas where the legislative draft does not reflect the final proposal, either in the legislative draft for the Specific Plan and/or the LCP Land Use Plan? Response: The January 11, 2016 LCPA submittal letter includes attachment 6 which is the City's previous LCPA 10-001 submittal dated August 29, 2011 and includes the zoning map amendment. Attached is the latest legislative draft of the SBSP reflecting the final proposed changes approved by the City Council. The legislative draft of the Coastal Element attached to the Request for City Council Action dated Nov. 16, 2015 accurately reflects the final version of that document and was approved as shown by the City Council. Comment: Section 4.2 Administration Methods and Procedures addresses the Sunset Beach LCP Review Board. Please explain further the role of this Board, especially in the context of the coastal development permit process. Please submit a copy of the "Bylaws of the Sunset Beach Advisory Committee (LCP Board). Section 4.3 Specific Plan Amendments allows minor amendments ("simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan") to be approved by the Director of Community Development. This appears to allow an amendment to the SBSP without Coastal Commission review and approval. Is this the intent? Please explain the goals and intent of this section. The Appendices include only Appendix A Legal Description, yet the title is plural. Are there other appendices to the Sunset Beach Specific Plan? If so, please submit it/them. If not, please confirm that. Is the document titled Coastal Flood Plain Development Orange County Coastline, January 1985 intended to be attached as an Appendix? Please confirm whether or not this document is intended to be attached as an Appendix to the Specific Plan. With regard to Appendix A, the attached version is titled A. Legal Description, Exhibit A, Proposed "Sunset Beach Annexation (AN 10- )". Now that the annexation is final (as of 8/22/2011), is there a final version of this document? If so, shouldn't that version be attached to the Specific Plan? If so, please submit a copy. Policy 3.2.4 requires that all development comply with the regulations contained in Chapter 17.56 of the Huntington Beach Municipal Code (Fire Code). Please submit a copy of Chapter 17.56 of the Huntington Beach Municipal Code. Response: The County Board of Supervisors designated the LCP Review Board as the official citizen's review group in Sunset Beach as part of the County's certified SBSP. This was carried over into the City's SBSP. Currently, the City forwards all discretionary permit applications in Sunset Beach to the LCP Review Board for comment in accord with the SBSP, The Board's Bylaws are attached. HB -672-Item 14. - 178 LCPA No. 1-16 Page 15 of 15 The intent of the provision in Section 4.3 (Specific Plan Amendments) to allow minor amendments (simple amendments to the exhibits and/or text that are intended to clarify and not change the meaning or intent of the Specific Plan) to be approved by the Director of Community Development is to streamline the process. A modification to include the Coastal Flood Plain Development Orange County Coastline January 1985 as an appendix to the SBSP is acceptable. There are no other appendices to the SBSP besides this and the legal description. Attached is the final version of the legal description. The following modification to Policy 3.2.4 is suggested to remove any reference to Chapter 17.56 (Huntington Beach Fire Code): Policy 3.2.4 All-eenstfuctieil-an€1-cleveIepknent-shall-eemply-with-the-regelatiesns-c-entained-in E1iapter47-.56-ecthe-Hentingten-Bea6h-Municipal Code-(Fire-Cede)-and City Speeifications, except Section 3.3.4 2e and f of this Specific Plan shall prevail unless wider drive aisles, per City Specifications, can reasonably be accommodated. Thank you in advance for your cooperation in this matter. If you should have any questions regarding this submittal, please contact Ricky Ramos, Senior Planner, at (714) 536-5624 or rramos(a,surfcity-hb.org . Sincere' Sco He s, A P Director of Community Development Enclosures xc: Jennifer Villasenor, Planning Manager Ricky Ramos, Senior Planner ENCLOSURES 1. Orange County Coastal Regional Sediment Management Plan, June 2013 2. U.S. Congress House Document 602 3. CDFW Response Regarding Snowy Plovers in Sunset Beach, May 4, 2016 4. Municipal Code Chapter 10.52 (Parking — City Lots) 5. Harbor Permit Policy and Procedure, Dec. 1991 6. Inventory of Existing Motel and Hotel Rooms and Rates, Mar. 2016 7. Final Legislative Draft of the SBSP as approved by the City Council on Nov. 16.2015 8. Sunset Beach LCP Review Board Bylaws 9. •Final Legal Description HB -673-Item 14. - 179 Esparza, Patty From: Sent: To: Cc: Subject: Iloyd warman [fsdlw@me.coml Tuesday, January 17, 2017 4:23 PM Agenda Comment Michael Porter; Cynthia Tomlinson; Fikes, Cathy; CITY COUNCIL Life and Safety Issues regarding foundation guidelines for beach front properties in Sunset Beach TALKING POINTS CITY COUNCIL MEMBERS RE.pdf Attachments: AGENDA COMMENT Dear Huntington Beach City Council Members, My name is Lloyd Warman and I purchased the property at 16611 South Pacific Avenue about a year ago, with the intent to remove the existing broken down duplex and constructing a beautiful contemporary family home. When I looked into the guidelines pertaining to the property I found, much to my chagrin, that the City sometimes follows a very outdated 30+ year old 1985 study that established rough guidelines, subject to change with the times, as it pertains to the nature of the required foundations. As an engineer myself, I became concerned that little to no attention appears to be being observed when it comes to life and safety, when building on the beach in an active earthquake area. The foundation we would like to use addresses this issue. I believe that it is in everybody's best interest to allow my architect and builder to follow a superior design, than it would be to be dictated by one staff person's poor interpretation of old guidelines, which in any event, no longer apply. To this end, I would like my architect to speak at the counsel meeting tonight to present the observations outlined below. Thank you in advance for putting life and safety ahead of an apparent hit and miss interpretation of outdated guidelines. Regards, Lloyd Warman fscilwgme,com 1. HB -674-Item 14. - 180 TALKING POINTS CITY COUNCIL MEMBERS RE: AMENDMENTS TO THE SPECIFIC PLAN ETC. 1. The existing and proposed FEMA FIRM maps indicate that all but one parcel at the southern-most end of Sunset Beach are not in a flood zone requiring special foundation systems i.e. piles/caissons. 2. The 1985 study was commissioned to establish guideqines and the intent was to update coastal design criteria as new updated data became available. 3. The California Coastal Commission determined that upon annexation of Sunset Beach in August 2011 the Coastal Commission assumed the authority to issue Coastal Development Permits and will continue to do so until the approval of the Local Coastal Plan and Implementation Plan. The Coastal Commission requires a geotechnical/soils report and a Coastal Hazards Analysis addressing the specific property. This analysis addresses sea level rise, wave attack, erosion, and other future coastal hazards. In the intervening five and one half years the Coastal Commission has approved projects with various foundation systems, based upon a site by site analysis. HB -675-Item 14. - 181 Dept. ID ED 17-05 Page 1 of 2 Meeting Date: 2/6/2017 Statement of Issue: The City Council is asked to adopt Ordinance No. 4128 to update the Huntington Beach Municipal Code Section 10.60.010 to fully include currently metered streets and include future parking meter locations that are currently being proposed within the downtown area. Financial Impact: Not applicable. The amended ordinance provides for recently developed and future parking areas to be included in the City’s parking meter zones. Recommended Action: Approve for introduction Ordinance No. 4128, “An Ordinance of the City of Huntington Beach Amending Chapter 10.60 of the Huntington Beach Municipal Code Relating to Meter Zones.” Alternative Action(s): Do not approve the Ordinance and direct staff accordingly. Analysis: As part of the Capital Improvement Program (CIP) a new metered parking lot at First and Atlanta is planned. Additionally, a small lot at City-owned property at 1st and Walnut was opened up to meter parking and there is a potential to develop on-street, metered parking on Delaware Street south of Atlanta Avenue. With the new and proposed lots, the Parking Meter Code needs to be updated to reflect the City’s actual parking lot and meter locations. With the update, the ordinance was reviewed by the Police Department, Public Works, and Community Services to ensure that the update incorporated other metered locations that were not currently included. The Ordinance includes different parking zones as follows: • Business Zones o Walnut Avenue right-of-way between 5th and 6th streets. o Southside 100 block of 1st and Walnut (1st/Walnut Parking Lot). • Residential Zones o Southside Orange Avenue right-of-way from 5th to Main Street. o Orange Avenue right-of-way from 1st to 2nd Street. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 2/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Ken Domer, Assistant City Manager Kellee Fritzal, Deputy Director of Business Development SUBJECT: Approve for introduction Ordinance No. 4128 amending Chapter 10.60 of the Huntington Beach Municipal Code relating to Meter Zones to fully include currently metered streets and include future parking meter locations currently being proposed within the downtown area HB -676-Item 15. - 1 Dept. ID ED 17-05 Page 2 of 2 Meeting Date: 2/6/2017 • Recreational Zones o Created Zone I: Westside of Delaware Street right-of-way south of Atlanta Avenue. o Created Zone K: Within parking lot on southwest corner of 1st and Atlanta Avenue. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1) Ordinance No. 4128 2) Legislative Draft; Huntington Beach Municipal Code Chapter 10.60.010 HB -677-Item 15. - 2 ORDINANCE NO. 4128 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO METER ZONES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 10.60.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 10.60.010 Establishment Pursuant to Section 22508 of the California Vehicle Code, parking meter zones may be established and determined by ordinance of the City Council and parking of vehicles within any such zone shall be as follows: A. Business Zones. The boundaries of the business zones shall be as follows: 1 Within Main Street right-of-way from Pacific Coast Highway to Palm Avenue, excluding the west side of Main Street from Acacia to Palm Avenues. 2. Within Walnut Avenue right-of-way from Third to Fifth Streets. 3. Within Olive Avenue right-of-way from Third to Fifth Streets. 4. On the inland side (north side) of Pacific Coast Highway right-of-way from Third to Sixth Streets. 5. Walnut Avenue right-of-way between 5th and 6' Streets. 6. Southside 100 Block of l' and Walnut (1st/Walnut Parking Lot). B. Residential Zones. The boundaries of the residential zones shall be as follows: 1. Within First Street right-of-way from Pacific Coast Highway to Atlanta Avenue. 2. Within Second Street right-of-way from Pacific Coast Highway to Orange Avenue. 1 Within Third Street right-of-way from Walnut to Orange Avenues. 4. Within Walnut Avenue right-of-way from First to Third Streets. 5. Within Olive Avenue right-of-way from First to Third Streets. 6. Within Fifth Street right-of-way from Pacific Coast Highway to Orange Avenue. 7. Within 22nd Street right-of-way from Pacific Coast Highway to Walnut Avenue. 8. Within Walnut Avenue right-of-way from 22nd to Goldenwest Streets. 9. Southside Orange Avenue right-of-way from 5th to Main Street. 10. Orange Avenue right-of-way from 1st to 2"d Street. 16-5530/147247/DO 1 HB -678-Item 15. - 3 APPROVED AS T ORDINANCE NO. 4128 C. Recreational Zones. The boundaries of the recreational zones shall be as follows: 1. ZONE A: On the ocean side of Pacific Coast Highway right-of-way from Beach Boulevard to Goldenwest Street. 2. ZONE B: On the inland (north) side of Pacific Coast Highway right-of-way from Beach Boulevard to Third Street and from Sixth to Goldenwest Streets, 3. ZONE C: On the ocean side of Pacific Coast Highway, the parking lots from Goldenwest Street to a point which is 6,100 feet north-westerly of said Goldenwest Street. 4. ZONE D: Within the boundaries of Huntington Central Park between Gothard and Goldenwest Streets at Huntington Central Library. 5. ZONE E: Within the parking lots of the public launching ramps on Warner Avenue. 6. ZONE F: Within Beach Boulevard right-of-way from Pacific Coast Highway to Sunrise Street, including the Huntington Breakers complex frontage road. 7. ZONE G: Within the parking lots on the ocean side of Pacific Coast Highway between First and Seventh Streets, commonly known as the Pier Plaza Parking Lots. 8. ZONE H: Within the boundaries of the Huntington Central Park Sports Complex including the parking lot. 9. ZONE I: Westside of Delaware Street right-of-way south of Atlanta Avenue. 10. ZONE K: Within parking lot on southwest corner of 1" and Atlanta Avenue. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 . Mayor REVIEWED AND APPROVED: City Manager Aty Attorney kit) t VtAkS3 Ntoti INITIATED AND APPROVED: Deputy Diregor Of Business Development ATTEST: City Clerk 16-5530/147247/DO 2 HB -679-Item 15. - 4 LEGISLATIVE DRAFT 10.60.010 Establishment Pursuant to Section 22508 of the California Vehicle Code, parking meter zones may be established and determined by ordinance of the City Council and parking of vehicles within any such zone shall be as follows: A. Business Zones. The boundaries of the business zones shall be as follows: 1. Within Main Street right-of-way from Pacific Coast Highway to Palm Avenue, excluding the west side of Main Street from Acacia to Palm Avenues. 2. Within Walnut Avenue right-of-way from Third to Fifth Streets. 3. Within Olive Avenue right-of-way from Third to Fifth Streets. 4. On the inland side (north side) of Pacific Coast Highway right-of-way from Third to Sixth Streets. 6th 5, Walnut Ave.nue righto.f7way..betweert.5`h and o Streets, 6... . ..SoutItside. 300 Block of ie artd_Walrtut.LUVW.alnut..Parkiriviot), B. Residential Zones. The boundaries of the residential zones shall be as follows: I. Within First Street right-of-way from Pacific Coast Highway to Atlanta Avenue. 2. Within Second Street right-of-way from Pacific Coast Highway to Orange Avenue. 3. Within Third Street right-of-way from Walnut to Orange Avenues. 4. Within Walnut Avenue right-of-way from First to Third Streets. 5. Within Olive Avenue right-of-way from First to Third Streets. 6. Within Fifth Street right-of-way from Pacific Coast Highway to Orange Avenue. 7. Within 22nd Street right-of-way from Pacific Coast Highway to Walnut Avenue. 8. Within Walnut Avenue right-of-way from 22nd to Goldenwest Streets. 9_... .Soutbside.Orange. Avenue tight-of-way_from 5th to Main Street. 10. Oran_gg Avenue. right -of-wa_y_from Pt to 2 Street. C. Recreational Zones. The boundaries of the recreational zones shaft be as follows: I. ZONE A: On the ocean side of Pacific Coast Highway right-of-way from Beach Boulevard to Goldenwest Street. 2. ZONE B: On the inland (north) side of Pacific Coast Highway right-of-way from Beach Boulevard to Third Street and from Sixth to Goldenwest Streets. 3. ZONE C: On the ocean side of Pacific Coast Highway, the parking lots from GoIdenwest Street to a point which is 6,100 feet north-westerly of said GoIdenwest Street. 4. ZONE D: Within the boundaries of Huntington Central Park between Gothard and Goldenwest Streets at Huntington Central Library. 16-5530/147248/DO 1 HB -680-Item 15. - 5 5. ZONE E: Within the parking lots of the public launching ramps on Warner Avenue. 6. ZONE F: Within Beach Boulevard right-of-way from Pacific Coast Highway to Sunrise Street, including the Huntington Breakers complex frontage road. 7. ZONE G: Within the parking lots on the ocean side of Pacific Coast Highway between First and Seventh Streets, commonly known as the Pier Plaza Parking Lots. 8. ZONE H: Within the boundaries of the Huntington Central Park Sports Complex including the parking lot. (1491-4/69, 1490-5/69, 2255-1178, 3374-11/97, 3393-5/98, 3660-9/04,4071-11/15) 9........ZONEL.._Westsido apelaw= .Street right:-ofrysqy_s_outh_ofAtlauta AWnup. ZONE_K ...Within.parking lot_on_southwest.orner of rand Atlanta Avenue, 16-5530/147248/DO 2 HB -681-Item 15. - 6 MEETING DATE: SUBMITTED TO: SUBMITTED BY: PREPARED BY: Dept. ID FD 17-005 Page 1 of 3 Meeting Date: 2/6/2417 SUBJECT: CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION 2/6/2017 Honorable Mayor and City Council Members Fred A. Wilson, City Manager David A. Segura, Fire Chief Lori Ann Farrell, Chief Financial Officer 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 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 2016117 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. 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. Based on current interest rates, the estimated annual debt service payment is $161,000. 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: At the January 17, 2017 City Council meeting, staff was directed to provide additional documentation to further explain the need to replace the fire engine at this time. This engine, and an emergency ambulance, is proposed for replacement. The following are best practices and additional clarification regarding the justification for replacement of this fire engine: HB -682-Item 16. - 1 Dept. ID FD 17-005 Page 2 of 3 Meeting Date: 2/612017 Industry Standards for Fire Engine Replacement The National Fire Protection Association (NFPA) provides best practice recommendations for the fire service and recommends that the following factors be considered when replacing fire engines: "The length of life depends on many factors, including vehicle mileage and engine hours, quality of the preventative maintenance program, quality of the driver training program, whether the fire apparatus was used within the design parameters, whether the apparatus was manufactured on a custom or commercial chassis, quality of workmanship by the original manufacturer, quality of the components used, and availability of replacement parts, to name a few." (NFPA Standard 1911-96 — Annex D, page 1) According to the most current data available about state and locally owned fleets from the Federal Highway Administration, the average replacement for fire apparatus is 15.8 years. A similar replacement standard has historically been adhered to by the City of Huntington Beach, based on the previously referenced NFPA factors and industry practices. The wear and tear on the vehicle, which naturally and inevitably occurs over time, reduces apparatus reliability, efficiency and performance. Vehicle Age, Mileage and Hours Vehicle Age: Fire Engine 8217 was initially purchased in 1996 and then rebuilt in 2001 due to pump cavitation problems (RCA - Attachment 1). It has the original drive train, but is considered to be 16 years old with 95,000 miles due to the vehicle housing, pump and other equipment which were replaced in 2001. The original motor which operates the apparatus however, was not replaced and is still the original mechanical motor acquired with the apparatus in 1996, about 21 years ago. Vehicle Mileage and Hours: The standard industry conversion calculation for fire engines, as provided in Fire Mechanic training academies, is 26 miles for each hour of operation. According to the hours to miles factor for fire engines, this apparatus has a total of 5,984 vehicle hours, which equates to 155,584 miles of driving. Improved Apparatus Technology Due to the evolution of software, parts and electronic technology, emergency response apparatus now become obsolete much sooner than in the past. To provide maximum operating efficiency and increased public safety service delivery it is important to replace older vehicles, such as Fire Engine 8217. Apparatus Maintenance Record The attached maintenance record (Attachment 2) comes from the City's automated fleet maintenance system, which was not fully operational until November 2012. Prior to that, vehicle maintenance records are not readily available. The maintenance record dated May 2013 to January 2017 shows expenditures of $56,471. In November 2010, an additional captured expense for this apparatus was the transmission replacement, at a cost of $9,144. In total, all maintenance and repairs over the past six (6) years is estimated to exceed $70,000. HB -683-Item 16. - 2 Dept. ID FD 17-005 Page 3 of 3 Meeting Date: 216/2017 In addition, the City's Fleet Maintenance Section estimates the cost to operate the subject fire engine is $6.05 per mile, compared to a new engine which operates at $3.80, a cost savings of $2.25 per mile. Over the past four (4) years Fire Engine 8217 has averaged 56 days out of service per year due to repairs. As apparatus age, maintenance costs and down time increase. This can also impact the timely preventative maintenance of front line emergency response apparatus. It is important to note that if approved, a new fire engine will take approximately 15 months to be built, delivered, and put into service. Therefore, over the next year Fire Engine 8217 will add further miles and hours to its operational life. Once a new fire engine is put into service it will push the oldest frontline fire engine into reserve status (that is, a reserve fire engine that covers for when frontline fire engines are out of service or non-operational). Fire Engine 8217 will then be surplused through the City's fiscal services process. This replacement scenario is keeping with the City's Fleet Management practices. Ultimately, older apparatus are less dependable and the reliability of this fire engine is critical to public and fire personnel safety. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and Maintain Public Safety. Attachment(s): 1. September 18, 2000 Request for Council Action 2. Fire Engine 8217 Maintenance Record 3. Term Sheet 4. Amortization Schedule 5. Master Lease Purchase Agreement 6. Lease Schedule 7. Certificate of Incumbency 8. Opinion of Counsel HB -684-Item 16. - 3 Council/Agency Meeting Held: Deferred/Continued to: 0 Approved 0 Conditionally Approved 0 Denied City Clerk's Signature Council Meeting Date: September 18, 2000 Department ID Number: FD 00-012 CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION SUBMITTED TO: SUBMITTED BY: PREPARED BY: SUBJECT: HONORABLE MAYOR AND CITY COUNCIL MEMBERS RAY SILVER, City Administrator MICHAEL P. DOLDER, Fire Chief/Information Systems Director AUTHORIZE AGREEMENT WITH EMERGENCY ONE, INC. FOR REPAIR AND REBUILD OF FOUR SAULSBURY FIRE ENGINES AND EXPENDITURE FROM THE UNAPPROPRIATED FUND BALANCE OF THE EQUIPMENT REPLACEMENT FUND I Statement of issue, Funding Source, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City Council enter into an Agreement with Emergency One, Inc. to repair and rebuild four Saulsbury fire engines? Funding Source: The total one-time cost to repair and rebuild four Saulsbury fire engines is $304,530, which includes $250,000 toward depreciated replacement costs and $54,530 in new or added value modifications. The $304,530 appropriation request is recommended to be funded from the Unappropriated Fund Balance of the Equipment Replacement Fund and transferred into the Fire Department Equipment Replacement account (55340104.64570). A Fiscal Impact Statement is included in Attachment 1. Recommended Action: MOTION TO: 1. Approve and authorize the Mayor and City Clerk to execute the Agreement Between the City and Emergency One, Inc. for Repair and Rebuild of four Saulsbury Fire Engines pending approval of the appropriate Certificates of Insurance and Bond by the City Attorney, and 2. Authorize the appropriation of $304,530 from the Unappropriated Fund Balance of the Equipment Replacement Fund and the transfer to and expenditure from the Fire Department's FY 2000/2001 Equipment Replacement account (55340104.64570). Alternative Action(s): Enter into litigation against Federal Signal Corporation, current owner of Saulsbury Fire Rescue, Inc., for full replacement of four Saulsbury fire engines. Analysis: Since September 1999, Fire Department staff has worked with the fire engine manufacturer (recently purchased by Federal Signal Corporation) and their representative (Emergency One, Inc.) to correct the operational problems with four Saulsbury fire engines HB -685-Item 16. - 4 REQUEST FOR COUNCIL ACTION MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012 Analysis: (continued) purchased between 1996 and 1998 at a cost of 1.375 million dollars, On January 21, 2000, due to the severity of pumping and pressurization problems, the four Saulsbury fire engines were placed out of service and the manufacturer provided three loaner engines at no cost to the City. The City's four fire engines have remained out of service while Fire Department staff worked closely with Emergency One, Inc. (E-One) to correct the operational problems. Subsequently, one of the fire engines was sent to the manufacturer's Ocala, Florida factory to expedite a permanent repair. In a May 25, 2000 letter, E-One reported that they fabricated a successful repair solution. However, during the City's June 6-8, 2000 trip to Ocala, Florida for pump repair verification, the apparatus failed. E-One, in a July 24, 2000 letter, proposed a fire engine replacement program to permanently remedy all operational problems. In anticipation of potential litigation, the City Council, during its August 7, 2000 Closed Session meeting, on a vote of 6 Yes and 0 No (Council Member Harman absent), took the following action: Authorize the Fire Chief and City Attorney to negotiate a settlement agreement with Federal Signal Corporation for the replacement of four fire engines in exchange for up to $300,000 subject to Council approval of any settlement agreement. Subsequently, on August 10, 2000, the Fire Chief and Division Chief of Operations met with [-One representatives, including their President, Vice President Sales and Marketing, and Director of Customer Services, to reach a resolution of the apparatus problems. As a result of this meeting, an economically feasible and operationally sound tentative agreement was reached, which formed the basis for the City Attorney's proposed Agreement Between the City of Huntington Beach and Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines (Attachment 2). This Agreement provides new cabs, chassis, pumps, cooling systems, and all support equipment for the Saulsbury fire engines. The repair/rebuild proposal would reuse the engines, transmissions, and bodies from our existing apparatus. From an operational standpoint, the rebuild would be acceptable and, in effect, provides new apparatus to the City. The rebuilt fire engines would be titled as new units and would have new warranties. Further, similar units, used by other jurisdictions, have been fully field-tested and perform perfectly. This agreement also contains a prevailing party attorney's fees provision, which is not the City's standard "each party pays their own" language. The reason for this change is that it is more likely that the City, not E-One, will be the party who may be required to enforce this Agreement through litigation and, therefore, would take advantage of the prevailing party attorney's fees provision. In addition, E-One maintains self-insured retentions on their liability policies which are unacceptable under City Resolution 9720. Rather than request a waiver of the City's insurance requirements regarding deductibles and self-insured retentions, E-One is submitting a surety bond to protect the City's interest as if there was no self-insured retention. The Certificates of Insurance and surety bond are not attached as they were not approved at the time of submittal of this Request for Council Action. FOOD 012 Agreement Saulsbury Eng Repair FNL.doc -2- 211/2017 7:20:00 AM HB -686-Item 16. - 5 REQUEST FOR COUNCIL ACTION MEETING DATE: September 18, 2000 DEPARTMENT ID NUMBER: FD 00-012 Analysis: (continued) Staff is requesting authorization to expend a maximum of $304,530 (equivalent to $76,133 per engine) from the Unappropriated Fund Balance of the Equipment Replacement Fund to repair/rebuild the four existing Saulsbury fire apparatus. The City Council initially authorized $300,000 to repair/rebuild the four Saulsbury fire engines. However, during negotiations with E-One, value added work increased this amount to $304,530, which includes necessary seat cushion re-upholstery on the 1996 apparatus and painting of all four fire engine bodies. The total dollar amount to be paid by the City minimally reflects the fire engines' depreciated value based on the years of City use. Using a 20-year accelerated depreciation calculation the apparatus have depreciated $351,577 in value. In addition, staff's recommendation is based on the following: • The current fire pumps' lack of reliability prevents the fire engines' use without endangering the safety of the public and/or Fire Department personnel. • The recommended action would restore all four fire engines to service and provide standardized equipment for the Fire Department. • Litigation costs for replacement of the apparatus would be high, as well as time consuming. • Emergency One has been cooperative in working with City staff to correct these problems. They have accepted responsibility for these issues and remain accountable for a satisfactory resolution. • The rebuilt fire apparatus would be operationally compatible with any future City fire engine purchases. • The fire apparatus replacement proposal offers the quickest timeline for returning fully functional fire apparatus to the City. Environmental Status: Not applicable. Attachment(s): City Clerk's Page Number No Description 1 Fiscal Impact Statement 2 Agreement Between the City and Emergency One, Inc. for Repair and Rebuild of Four Saulsbury Fire Engines RCA Author; Dolder/Reynolds/Justen FD00 012 Agreement Saulsbury Eng Repair FNL.doc -3- 21112017 7:20:00 AM HB -687-Item 16. - 6 95520 94550 94470 94107 94107 93210 93186 92613 92613 91867 90928 90265 89971 89971 89821 89362 89362 89258 88509 87862 86670 86666 86212 85452 84830 82936 158 2,371 1,022 3,094 1,535 361 2,116 550 3,401 1,345 3,804 248 2,335 182 808 2,899 778 7,239 1,766 1,619 293 13,111 16 166 1,782 3,471 56,471 FIRE ENGINE 8217 MAINTENANCE REPAIR RECORD - 2013-2016 Document Number Repair Item Mileage Total Cost Date/Time In Date/Time Out 15811 BROKEN DOOR HANDLE 14780 CHECK WATER LEVEL GAUGE OPERATION 14657 REPLACE FUEL SENDER 14141 CHECK STEERING 13890 PM C SERVICE 13064 REAR DISCHARGE VALVE LEAKS 12698 PRIMER VALVE LEAKING 12065 REPAIR WATER LEAK 11874 PM A SERVICE 10829 FOAM SYSTEM REPAIR/GREEN SHEET 9777 PM A SERVICE 8970 GREEN SHEET 8721 REAR BRAKE CHAMBERS 8635 RELIEF VALVE SLOW 8561 REAR DISCHARGE INOP 7986 INSTALL REMOTE THROTTLE 7695 REMOTE THROTTLE INOP 7532 PM B SERVICE 6121 BATTERIES NEED REPLACEMENT 5144 PM A SERVICE 3270 PACKING LEAKING 2911 PM SERVICE 2695 FRONT LOW BEAM OUT 1618 FRONT SUCTION CRACKED 1168 BATTERIES OVER CHARGED 180 LOOSE DRAG LINK AND OIL LEAKS ON ENGINE 1/5/2017 9:58 10/3/2016 15:24 9/21/2016 8:54 8/3/2016 14:50 7/13/2016 10:11 4/20/2016 15:43 3/21/2016 7:16 1/26/2016 6:44 1/7/2016 9:51 10/9/2015 6:40 7/20/2015 8:26 5/18/2015 7:32 4/28/2015 12:19 4/21/2015 12:21 4/15/2015 16:29 31412015 10:06 2/9/2015 9:10 1/22/2015 16:04 9/26/2014 16:11 7/14/2014 14:58 2/20/2014 7:53 1/21/2014 10:48 12/30/2013 13:22 10/2/2013 14:59 8/26/2013 9:05 5/24/2013 8:18 1/5/2017 11:22 10/5/2016 14:26 9/21/2016 16:14 8/30/2016 17:01 7/22/2016 17:00 4/21/2016 14:01 3/30/2016 13:40 1/26/2016 15:09 1/20/2016 15:29 10/14/2015 6:30 7/2312015 17:00 5/18/2015 13:38 5/512015 11:42 4/23/2015 11:29 4/16/2015 16:00 3/12/2015 6:58 2/11/2015 13:04 1/23/2015 17:00 9129/2014 11:00 7116/2014 13:34 2/20/2014 11:00 2/18/2014 16:43 12/30/2013 16:30 10/3/2013 16:50 8/27/2013 11:34 8/27/2013 7:59 Note: During the above repairs, this unit was placed out off service and a reserve fire engine was placed into service. HB -688-Item 16. - 7 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 -689-Item 16. - 8 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 -690-Item 16. - 9 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 -691-Item 16. - 10 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 -692-Item 16. - 11 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 -693-Item 16. - 12 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 -694-Item 16. - 13 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 Page 2 of 7 HB -695-Item 16. - 14 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 -696-Item 16. - 15 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 Page 4 of 7 HB -697-Item 16. - 16 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: Page 5 of 7 HB -698-Item 16. - 17 (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 -699-Item 16. - 18 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 -700-Item 16. - 19 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 -701-Item 16. - 20 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 -702-Item 16. - 21 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 -703-Item 16. - 22 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 $1,035,000.00 CITY OF HUNTINGTON BEACH JPMORGAN CHASE BANK, N.A. (Lessee) (Lessor) By: By: Title: Title:Authorized Officer HB -704-Item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tem 16. - 24 8 (14/1(12+0+101(%1705'. 6Q$G6[RGFQP#VVQTPG[ŏ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ŏ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tem 16. - 25 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Mike Posey, Mayor Pro Tem Erik Peterson, City Council Member Date: January 27, 2017 Subject: City Council Member Item for the February 6, 2017, City Council Meeting – Recommended Changes to the Downtown Business Improvement District to include the Three (3) Council Member Liaisons as Voting Members of the Designated Advisory Board STATEMENT OF ISSUE: In September 2004, the City Council approved the formation of the Downtown Business Improvement District (DBID), at the request of the Downtown Merchants. Starting in 2016, the City Council apppointed three (3) Council Members as liaisons to the DBID. As liaisons, the Council Members are not voting members of the Huntington Beach Downtown Business Improvement District, a not-for-profit designated as the Advisory Board for the DBID. In this capacity, the appointed Council Members cannot fully participate in the various discussions of items on the DBID Agendas. To better assist the DBID in furthering their goals and to ensure that the DBID is efficient, transparent, and operating in the best interest of all Downtown businesses, it is recommended that the City Council liaisons be designated as part of the Advisory Board and gain voting status. The DBID was formed by Ordinance 3661 and amended by Ordinance 3797. In 2008, through Resolution 2008-04, the City Council recognized the not-for-profit Huntington Beach Downtown Business Improvement District as the designated Downtown BID Advisory Board and provided that the City Council can appoint or modify the Advisory Board by Resolution. RECOMMENDED ACTION: Direct the City Attorney to prepare a new Resolution to designate the three City Council liaisons as additional voting members of the BID Advisory Board. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney Kellee Fritzal, Deputy Director HB -707-Item 17. - 1