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HomeMy WebLinkAbout2017-06-05 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, June 05, 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, June 05, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, June 05, 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 Meeting with Citizen Participation Advisory Board (CPAB) on Community Development Block Grant (CDBG) Funding Recommendations Roll Call: Andres, Byrne, Evans, Grace-Bowers, Massie, Morrow, Traversi 2. Wireless Master Plan Update – Staff along with Magellan Advisors will give an update on the status of the City’s Wireless Master Plan, Zoning Text Amendment, and Dig Once Policy for telecommunications carriers. 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 HB -3- -2- City Council/PFA Agenda – Monday, June 05, 2017 Closed Session discussions regarding labor negotiations with: Huntington Beach Firefighters' Association (HBFA), Huntington Beach Police Officers' Association (POA), and/or 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: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or 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: The Kennedy Commission, et al. v. City of Huntington Beach, Orange County Superior Court Case No. 30-2015-00801675, which concerns a challenge to the City Council action amending the Beach and Edinger Corridors Specific Plan. 5. Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: George and Kathleen Pickett v. City of Huntington Beach/Steven Tilton, Orange County Superior Court Case No. 30-2014- 00754342. 6. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). 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 - Pat Goodman, parishioner of Holy Spirit Catholic Church in Fountain Valley, parish representative of the Self-Help Interfaith Program (SHIP) 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 HB -4- -3- City Council/PFA Agenda – Monday, June 05, 2017 AWARDS AND PRESENTATIONS Mayor Delgleize to call on Community Services Director Janeen Laudenback who will introduce members of the City’s Children’s Needs Task Force to recognize the 2017 American Youth Character Awards, Wall of Fame Honorees. Mayor Delgleize to call on representatives from Rainbow, a Republic Services Co. who will present a commendation to Professional Commercial Driver, Javier Verduzco, for receiving the company-wide "Best of the Best 2017 Driver of the Year" award. Mayor Delgleize to call on members of the Greater Huntington Beach Interfaith Council who will highlight the recent Annual Day of Service. Mayor Delgleize will call on Chair Jessica Budica and Vice Chair Debbie Killey of the City’s Environmental Board who will present commendations to seven winners who participated in the recent art contest. 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 CONSENT CALENDAR 1. Approve and adopt minutes Recommended Action: Review and adopt the City Council/Public Financing Authority regular meeting minutes dated May 15, 2017, as written and on file in the office of the City Clerk. 2. Fiscal Year 2016/17 Mid-Year Budget Adjustments Recommended Action: A) Approve mid-year budget adjustments to the FY 2016/17 Revised Budget in the Funds and by the amounts contained in Attachment 1; and, B) Authorize additional Professional Services authority in the Fiscal Year 2016/17 Revised Budget in the departments and by the amounts contained in Attachment 2; and, C) Increase the FY 2016/17 Table of Organization by 0.5 FTE in both the City HB -5- -4- City Council/PFA Agenda – Monday, June 05, 2017 Treasurer and Finance Departments. 3. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with AMPCO Contracting, Inc. in the amount of $575,240 for the Beach Boulevard Water Main Extension Projects, CC-1399 and CC-1406 Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by AMPCO Contracting, Inc. in the amount of $575,240; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 4. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Hardy & Harper, Inc. in the amount of $1,388,000.00 for the Adams Avenue Rehabilitation and Atlanta Avenue Rehabilitation Project, CC-1502 Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by Hardy & Harper, Inc. in the amount of $1,388,000.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. 5. Accept the lowest responsive and responsible bid and authorize execution of a construction contract with All American Asphalt in the amount of $1,508,067 for the Residential Overlay of Maintenance Zone 10, CC-1542; and, authorize 15% in construction change orders Recommended Action: A) Accept lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,508,067; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. 6. Approve the Release of Securities for Tract 17034 and Accept the Public Improvements (Brightwater Development / Signal Landmark) and authorize recordation Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17034; and, HB -6- -5- City Council/PFA Agenda – Monday, June 05, 2017 B) Release the Faithful Performance Bond No. K08842073 and Labor and Materials Bond No. K08842073 pursuant to the California Government Code Section No. 66499.7(a); and, C) Instruct the City Clerk to notify Signal Landmark, A California Corporation, the subdivider of Tract No. 17034, of this action and the City Treasurer to notify Westchester Fire Insurance Company, of this action; and, D) Instruct the City Clerk to record the "Notice of Acceptance of Public Improvements" with the Orange County Recorder. 7. Adopt Resolution No. 2017-22 authorizing cancellation of the City Council/Public Financing Authority regular meeting of July 3, 2017; and, direct the City Clerk to provide notice of such cancellation Recommended Action: Adopt Resolution No. 2017-22, "A Resolution of the City Council of the City of Huntington Beach declaring the cancellation of the City Council and Public Financing Authority regular meeting of July 3, 2017; and, directing the City Clerk to provide notice of such cancellation." 8. Approve the Economic Development Implementation Plan Recommended Action: Approve the Economic Development Implementation Plan. 9. Approve the naming recommendation from the Community Services Commission of the Huntington Central Park concert bandstand in honor of Thomas Ridley and approve the installation of a naming plaque Recommended Action: Approve the recommendation from the Community Services Commission to officially name the Huntington Central Park Concert Bandstand the "Thomas Ridley Central Park Concert Bandstand" and approve the installation of a naming plaque. 10. Approve City Council position on legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) and authorize $5,000 contribution in support of the "Orange County Task Force on Drowning Prevention" Recommended Action: A) Approve a City position of Oppose on Assembly Bill 1479 (Bonta) – Public Records: Custodian of Records; and, B) Authorize a $5,000 contribution in support of the "Orange County Task Force on Drowning Prevention." HB -7- -6- City Council/PFA Agenda – Monday, June 05, 2017 11. Approve and authorize execution of a two-year Local Shuttle Service Contract with Transportation Concepts in an amount not-to-exceed $380,000 to provide free, seasonal shuttle service between various city destinations Recommended Action: Authorize the Mayor and City Clerk to execute a two-year "Shuttle Services Agreement" with two (2) one-year options for renewal to Transportation Concepts to provide all shuttle services in an amount not to exceed $380,000. 12. Approve and authorize execution of a five-year License Agreement with Huntington Valley Little League, Inc. (HVLL) for the use and maintenance of baseball fields and related improvements at Wardlow Park Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park." 13. Approve and authorize execution of a Non-Exclusive License Agreement with Children’s Bureau of Southern California for the operation of the Oak View Center located at 17261 Oak Lane Recommended Action: Approve and authorize the Mayor and the City Clerk to execute the "Non- Exclusive License Agreement Between the City of Huntington Beach and Children’s Bureau of Southern California" for the operation of the Oak View Center. 14. Approve and authorize execution of the First Amendment to Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC) Recommended Action: Approve and authorize the City Manager to execute "First Amendment to Water Conservation Participation Agreement" with the Municipal Water District of Orange County (MWDOC). 15. Approve and authorize execution of a 3-year Professional Services Contract in the amount of $200,000 with Go Live Technology for project management services; and, authorize transfer of funds Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a "Professional Services Contract Between the City of Huntington Beach and Go-Live Technology, Inc. for As Needed Information Technology Project Management Services;" and, HB -8- -7- City Council/PFA Agenda – Monday, June 05, 2017 B) Approve and authorize the use of existing Enterprise Land Management (ELM) budget and increase the Information Services Department professional services authority by $200,000. 16. Approve and authorize execution of an Agreement for Acquisition and Escrow Instructions with the M. Westland, LLC, for the Purchase of Real Property and Slope Easement for Heil Avenue Stormwater Pump Station – 16371 Gothard St. Recommended Action: A) Approve the Agreement for Acquisition and Escrow Instructions between the City of Huntington Beach and M. Westland, LLC; and, B) Authorize the Mayor to execute the "Purchase and Sale Agreement and Joint Escrow Instructions" and other related documents; and, C) Authorize the City Manager to execute any other related escrow documents. 17. Approve and authorize execution of a Southern California Edison (SCE) Non-Disclosure Agreement Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Community Choice Aggregator Non-Disclosure Agreement" with Southern California Edison. 18. Approve and authorize execution of Amendment No. 1 to an Attachment Agreement with Southern California Gas Company (SCG) for Advanced Meter Facilities on City-owned Street Lights Recommended Action: Approve and authorize the City Manager to execute "Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach, California and Southern California Gas Company." 19. Approve Contribution of Funds in the amount of $10,000 to the Huntington Beach International Surfing Museum (HBISM) for the "Surfing Circle of Honor - Celebrating Surfing in the Summer Games;" and authorize execution of a Grant Agreement Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surf Museum." PUBLIC HEARING 20. Adopt Resolution No. 2017-26 Ratifying Methodology for Residential Trash Rate Adjustments and Establishing 2017 Rates HB -9- -8- City Council/PFA Agenda – Monday, June 05, 2017 Recommended Action: Adopt Resolution No. 2017-26, "A Resolution of the City Council of the City of Huntington Beach Adjusting and Ratifying Residential Refuse Rates by the Formula Established in the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement." COUNCILMEMBER ITEMS 21. Submitted by Councilmember Brenden - Park Naming for the parcel parkland at 17th Street and Orange Avenue Recommended Action: Refer consideration of the name of the Park at 17th and Orange to Community Services Commission Park Naming and Memorial Committee for review and return with recommendation to City Council on August 7, 2017. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, June 19, 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- Minutes City Council/Public Financing Authority City of Huntington Beach Monday, May 15, 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 CALLED TO ORDER — 4:00 PM ROLL CALL Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson (arrived at 4:40 pm) Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None City Manager Fred Wilson introduced the two Study Session items and stated that Agenda Item No. 2 would be presented first. Documentation of the items will appear in their original agendized order. STUDY SESSION 1. Commercial Organics Review — A representative from Rainbow Disposal presented information on the City’s proposed approach to meet the state mandated commercial organic recycling program. Mr. Jeff Snow, Rainbow Disposal, was called to speak and shared major legislative changes from the state of California related to getting organics out of the landfills through a PowerPoint presentation entitled California Legislative Actions with slides entitled Third Largest Country — Food Waste, AB 1826 Legislation Definition, AB 1826 Program Key Dates, AB 1826 Food Waste Diversion Approach, Food Waste Diversion through Recovery, Republic Customer Centric Service (2 slides), Positive Community Impact, Turning food waste into fuel, AB 1826 Legislation (2 slides), Commercial Sector Wide, AB 1826 Compliance Rate (Food Waste Generators), Rate Comparisons – Surrounding Cities, and Summary AB 1826 Compliance. 2. Refuse Rate Study — The Public Works Department presented a report on the proposed commercial and residential refuse rate adjustments. Senior Administrative Analyst Debra Jubinsky provided a PowerPoint presentation entitled Residential and Commercial Trash Collection Rates, that included the following titled slides: Solid Waste Franchise, HB -11-Item 1. - 1 Council/PFA Regular Minutes May 15, 2017 Page 2 of 12 Solid Waste Franchise Formula, Commercial vs. Residential, Commercial Rates, Commercial Recyclable Collection Mandatory Commercial Recycling (MCR), Commercial Organics Recycling Mandatory Organics Recycling (MOR), Residential Rates, Notification to Affected Customers, Proposed Residential Rate Change, Refuse Fund History, Refuse Fund Health, Residential Rate Change - Rainbow, and Questions. In response to an inquiry presented by Mayor Delgleize, City Manager Wilson explained that a proposed rate adjustment proposed to the City Council in 2011 was not implemented due to concerns or misunderstandings about the components used for determining the rate. RECESS TO CLOSED SESSION — 4:38 PM A motion was made by O'Connell, second Posey to recess to Closed Session for Items 3 – 6. With no objections, the motion carried. Mayor Delgleize Announced: 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: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). Mayor Delgleize Announced: Pursuant to Government Code §54956.8, the City Council takes this opportunity to publicly introduce and identify designated property negotiator, City Manager Fred Wilson, who will be participating in today’s Closed Session discussions regarding negotiations with Pete Shaver concerning price and terms of payment for the disposition of real property located on a portion of Chrysler Dr.; South of APN 142-173-01, 16555 Beach Blvd owned by Piland Properties LLC; and North of APN 142-462-09, 16701 Beach Blvd. owned by Piland Properties LLC. CLOSED SESSION 3. Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Firefighters’ Association (HBFA), Huntington Beach Police Officers’ Association (POA), and/or Surf City Lifeguard Employees’ Association (SCLEA). 4. Pursuant to Government Code § 54956.8, the City Council recessed to Closed Session to give instructions to the City’s Negotiator, Fred Wilson, City Manager, regarding negotiations with Pete Shaver concerning price and terms of payment for the disposition of real property located on a portion of Chrysler Dr.; South of APN 142-173-01, 16555 Beach Blvd owned by Piland Properties LLC; and North of APN 142-462-09, 16701 Beach Blvd. ow ned by Piland Properties LLC. 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: William Thompson vs. City of Huntington Beach, WCAB Case No. ADJ8128289; Claim No. COHB- 11-0186. 6. 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: Kenneth Small vs. City of Huntington Beach, WCAB Case Nos. ADJ8491572 & Unassigned; Claim Nos. COHB-10-0124 & COHB-16-0203. HB -12-Item 1. - 2 Council/PFA Regular Minutes May 15, 2017 Page 3 of 12 6:00 PM – COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson INVOCATION — Led by Sherry Peterson, Stake Director of Public Affairs, Church of Jesus Christ of Latter Day Saints 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 — None AWARDS AND PRESENTATIONS Mayor Delgleize called on Victoria Alberty who presented the Adoptable Pet of the Month. Further details on Jelly Belly, a 4 1/2 month old puppy, can be found at Top Dog Barkery, Pacific City, or at www.waggintrails.org. Mayor Delgleize proclaimed National Public Works Week May 21 through 27 and presented a proclamation to Public Works Director Travis Hopkins. Mayor Delgleize presented commendations to the Huntington Beach High School art students for their participation in the Municipal Pier Utility Box Competition and for their contribution to Public Art in Huntington Beach. Students recognized included Madison Germano, Olivia Brim, Nichelle Scura, Kayla Bourdeau Rubio, Jillian Gotz, Hannah Silva, Sophia Omar, Sydney Graves, Kayluin Laghaei, and Malia Merrill, led by teachers Garrett Stryker, Matthew Harward and Sara Brim. Mayor Delgleize called on members of the Assistance League of Huntington Beach (ALHB) to present the organization’s National School Bell award to City videographer Matt Liffreing. Matt was acknowledged for videos documenting the ALHB programs, fundraising, and community events. These videos are key to telling the ALHB story and role in the community through broadcasts on Huntington Beach’s local television station, Surf City Highlights. Mayor Delgleize called on the Chair of the Huntington Beach Human Relations Task Force, Linda MacDonell, who presented the first annual Community Diversity Leadership Student Award to Linda Tang. Linda was acknowledged as President of the Huntington Beach High School Bridges Program that focuses on a safe and inclusive environment for all students. She has also participated in What If Week, No Name Calling Week, Red Ribbon Week, 8th Grade Parent Night, Social Justice Week evening event, Huntington Beach Day of Dialogue as well as Master of Ceremonies for the Walk In My Shoes Conference. She is an Academy of Performing Arts Council participant, was Stage Manager for Jekyll and Hyde, was an Orange County Human Relations Representative for LBGT Issues, a Student Representative for Homeless Awareness, and is a Girl Scout. HB -13-Item 1. - 3 Council/PFA Regular Minutes May 15, 2017 Page 4 of 12 Mayor Delgleize called on Chief Information Officer Behzad Zamanian to present the Mayor’s Award to Info Systems Analyst IV, Tung Kao. CIO Zamanian described Tung’s 20 years of service with the City, and how he is responsible for managing the development, maintenance and user support for emergency IT operations in the Police Department. In addition, Tung manages Information Services after hours support for public safety systems, and also represents the department with other agencies, including the Department of Justice and the Orange County Sheriff’s Department. Director Zamanian concluded by describing Tung as a unique asset to the City, and presented him with the Mayor’s Award. Mayor Delgleize proclaimed National Beach Safety Week May 22 through 29 and presented a proclamation to Fire Chief David Segura. 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 City Manager's Report Item No. 1, two (2) communications — a PowerPoint communication submitted by Travis Hopkins, Director of Public Works, entitled City of Huntington Beach Public Works Department - Programs and How to Connect With Us; and, a PowerPoint communication submitted by Jim Slobojan, Fiscal Services Manager in the Finance Department, entitled Utility Billing System Update. For Councilmember Items No. 7, two (2) communications — communication submitted by Steve Daniel, President, Huntington Beach Downtown Business Improvement District (HBDBID); and an email communication submitted by Matt Peterson, Managing Partners, Legends, Surf City. PUBLIC COMMENTS (3 Minute Time Limit) — 21 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. Don MacAllister was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:17:53) Kirk Nason was called to speak and requested that Council provide an update on the Poseidon Desalination Project, and then discussed other points of interest that may affect the proposed project in Huntington Beach. Mayor Delgleize asked Mr. Nason to fill out a blue card for follow-up. (01:18:49) Don Ramsey was called to speak and notified Council of an event that will occur on Saturday, May 20 on the north side of the pier in support of Agenda Item No. 5 - Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:21:46) Dan Kalmick was called to speak and expressed support for Agenda Item No. 7, Downtown Maintenance and Repairs. (01:23:40) Amory Hanson was called to speak, made historical reference to a speech made by Daniel Webster in 1850, and spoke in support of Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games, and Agenda Item No. 7, Downtown Maintenance and Repairs. (01:24:38) Bud Llamas was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:26:28) HB -14-Item 1. - 4 Council/PFA Regular Minutes May 15, 2017 Page 5 of 12 Ralph Bauer was called to speak and discussed possibilities to support homelessness in Orange County. (01:28:41) Kathy Carrick was called to speak, and after recognizing that conditions of downtown Huntington Beach need attention, she asked Council to recognize other areas in the City that require maintenance and mitigation of hazardous conditions. (01:31:26) Jericho Poppler was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:35:18) Diana Dehm was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:37:18) John Salanoa was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:40:44) Rockin Fig was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:43:48) Duke Aipa was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. (01:46:31) Celeste Hamil, Allied Arts Board, was called to speak and expressed support for Agenda Item No. 5 - Surfing Circle of Honor, Celebrating Surfing in the Summer Games. She also encouraged attendance to several upcoming exhibitions at the Huntington Beach Art Center, and the Huntington Beach Symphony Orchestra Family Summer Concert at Goldenwest College. Ms. Hamil congratulated Councilmember Semeta for winning the Open Show Art League event on May 7th in Mixed Media. (01:48:00) Jay Hudson was called to speak and expressed support for Agenda Item No. 5, Surfing Circle of Honor, Celebrating Surfing in the Summer Games. He also expressed concerns about homelessness in Huntington Beach and the County of Orange. He discussed temporary housing proposed by O. C. Supervisor Shawn Nelson on County-owned land in Huntington Beach at Gothard and Talbert, adjacent to Talbert Park. Mr. Hudson asked if the Council or City Attorney Gates can stop consideration of temporary housing for the homeless within the City. Mayor Delgleize asked Mr. Hudson to fill out a blue follow-up card. (01:50:33) Marty Wexler, President, Board of Directors for Seaside Village, was called to speak and thanked Councilmember Brenden and Bob Stachelski, Public Works Transportation Manager, for a recent town hall meeting regarding the widening of Atlanta Avenue. (01:53:20) Bob Bolen was called to speak and expressed support for Agenda Item No. 7, Downtown Maintenance and Repairs. He also expressed his opinion that it takes a coalition of the Downtown Business Improvement District, the City of Huntington Beach, and the downtown business owners all working together to adequately maintain the area. (01:55:58) Kori Strobl, HB Yoga Collective, was called to speak and expressed support for Agenda Item No. 7, Downtown Maintenance and Repairs. Ms. Strobl stated that HB Yoga Collective is already picking up trash on a regular basis, and supported Mr. Bolen's comment about a coalition working together to adequately maintain the area. (01:59:18) Ann Palmer was called to speak and asked that Council allow more opportunity for local residents to provide input on important projects such as low income housing, homeless facilities, desalination plants, HB -15-Item 1. - 5 Council/PFA Regular Minutes May 15, 2017 Page 6 of 12 etc., before decisions are made. She provided a presentation slide showing a list of Orange County cities, and stated her opinion that Huntington Beach is tired of the State and County planning projects. Mayor Delgleize asked Ms. Palmer to fill out a blue follow-up card. (02:01:28) Susie Smith was called to speak and expressed support for Agenda Item No. 7, Downtown Maintenance and Repairs. (02:04:44) Kim Kramer was called to speak and expressed support for Agenda Item No. 7, Downtown Maintenance and Repairs. (02:06:10) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Brenden reported attending a League of California Cities Pension Reform Workshop, a Downtown Business Improvement District (DBID) Board meeting, and the Association of California Cities - Orange County (ACC-OC) 6th Annual Golden Hub of Innovation Awards where Chris Cole, Community Services Recreation Supervisor, was recognized as Staff Leader of the Year in Orange County. He also reported meeting with members of the Police Officers' Association. Councilmember O'Connell reported attending a Commission to End Homelessness meeting, a League of California Cities Pension Reform Workshop, the Annual O. C. Tourism Conference, the Orange County Forum 2017 Annual Orange County Community Indicators Report, and the ACC-OC 6th Annual Golden Hub of Innovation Awards. Mayor Delgleize reported attending the American Red Cross Orange County Heroes Luncheon, League of California Cities Pension Reform Workshop, and the Orange County Forum 2017 Annual Orange County Community Indicators Report. CITY MANAGER’S REPORT 1. Presentation by the Public Works Department on how residents can receive Public Works services and information on construction; Utility Billing System Update presented by the Finance Department; and, announcement of Main Street closure downtown for street resurfacing. City Manager Fred Wilson introduced Travis Hopkins, Director of Public Works, who made a PowerPoint presentation entitled City of Huntington Beach Public Works Department Programs and How to Connect With Us, with slides entitled Popular Public Works Services and Information for Residents all found on our Web Page, How to Report an Issue (2 pages), Construction Projects, Interactive Map, Maintenance Operations, Street Light Information, and Huntington Beach Public Works Open House. City Manager Fred Wilson introduced Jim Slobojan, Fiscal Services Manager in the Finance Department, who gave a PowerPoint presentation entitled Utility Billing System Update, with slides entitled New Billing System, Changes, Due Diligence, Implementation Challenges, Notifications to Customers, and Summary. City Manager Fred Wilson announced the closure of Main Street downtown for street resurfacing beginning late evening following Surf City Nights on Tuesday, May 16, and reopening on Thursday, May 18. There will be free parking in the Main Promenade Parking Structure. HB -16-Item 1. - 6 Council/PFA Regular Minutes May 15, 2017 Page 7 of 12 CONSENT CALENDAR 2. Approved and adopted minutes A motion was made by Peterson, second O’Connell to review and adopt the City Council/Public Financing Authority regular meeting minutes dated April 17, 2017, and the City Council/Public Financing Authority regular meeting minutes dated May 1, 2017, as written and on file in the office of the City Clerk. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 3. Received and filed City of Huntington Beach Strategic Plan Updates A motion was made by Peterson, second O’Connell to receive and file the Six-Month Strategic Objectives. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 4. Adopted Resolution 2017-15 declaring the end of the Level 1 water shortage and returning to permanent water conservation requirements A motion was made by Peterson, second O’Connell to adopt Resolution 2017-15, "A Resolution of the City Council of the City of Huntington Beach Declaring the End of the Level 1 Water Shortage." The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden and Peterson NOES: None COUNCILMEMBER ITEMS Councilmember O'Connell recused himself from Items 5 and 7 because of his financial interest in Legends, a downtown business, and left the dais. 5. Item submitted by Mayor Delgleize approved as amended — Request to contribute to the Surfing Circle of Honor, Celebrating Surfing in the Summer Games Mayor Delgleize introduced this item by providing some details on the efforts of Diana Dehm and other local surfers to invest in Surf City legends, an opportunity to become Surf City Village for the Summer Games, as well as an attempt to break the Guinness Book for World Records for the "World's Largest Paddle Out". Mayor Pro Tem Posey expressed that for him there is a fine line between government and private enterprise; however, the contribution requested is a very finite part of the budget. He provided support for the item, citing that the Largest Paddle Out will be a kick-off event for the 4th of July celebration, and other summer events that will attract many tourists. Councilmember Brenden and Mayor Delgleize discussed the previous contribution to the Big Board event. Councilmember Brenden asked Diana Dehm to define a "Grom" for the benefit of the public. Ms. HB -17-Item 1. - 7 Council/PFA Regular Minutes May 15, 2017 Page 8 of 12 Dehm explained that a Grom is any surfer whose age is between Kindergarten and Eighth Grade. Ms. Dehm further stated there will be 10 to 66 year-old surfers involved in the Largest Paddle Out. Councilmember Brenden expressed his support for this item just based on the fact that it involves surfing legends as well as beginners, and for the media exposure that Surf City will receive. Councilmember Semeta shared that the community support for this item is contagious and she is in full support of attempting not only the Largest Paddle Out, but also to have the Summer Games Surf City in Huntington Beach. Councilmember Hardy expressed her struggle between government and private enterprise, but also realizes that the City will have to show strong support and investment in surfing to enhance the quest to become Surf City for the Summer Games, and therefore she also supports this item. A motion was made by Delgleize, second Brenden to if Council support is received, have the City Manager and City Attorney draft an agreement to contribute $10,000 to the Huntington Beach International Surfing Museum for its "Surfing Circle of Honor - Celebrating Surfing In the Summer Games" in an attempt to break the Guinness Book for World Records for "World's Largest Paddle Out" and to demonstrate Huntington Beach support as the Surfing Village of the Summer Games. The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None RECUSED: O’Connell 6. Item submitted by Councilmembers Semeta and Peterson approved as amended — Review of Republic Services Contract for Waste Management Services Councilmember Semeta stated that the same vendor has been used for about the last fifty (50) years and it has been about ten (10) years since the contract has been reviewed. Republic has indicated support for updating the contract. The laws are changing regarding how refuse is handled; the automatic renewal feature should be reviewed, as well as looking at whether the City is receiving adequate compensation for the wear and tear on the streets. Councilmember Peterson stated his belief that regular contract competition could be beneficial to the City's residents, and even if there is a long-term contract negotiated, it should not renew automatically. Mayor Pro Tem Posey asked for clarification, as this item is listed as a review of the Republic Services Contract, but the call for action is to work with the City Attorney to begin negotiations. Councilmember Semeta confirmed that this Item is a call to form an ad hoc committee which both she and Councilmember Peterson are interested in serving on, and to begin negotiations. Mayor Pro Tem Posey stated that the Charter precludes the City Council from being the negotiating arm in contracts, and in his opinion the Council is free to investigate, review and participate in the process without an Agenda Item. For these reasons, he spoke in opposition of the item as presented. Councilmember Peterson explained that while final negotiations will be with the City Manager, the item has been brought forward because staff resources will be required for the process. He also expressed support to begin work now to review the contract details and determine the issues that need to be addressed in preparation for providing details to Council so that recommendations can be defined and approved through normal contract procedures. HB -18-Item 1. - 8 Council/PFA Regular Minutes May 15, 2017 Page 9 of 12 Mayor Delgleize expressed appreciation to Councilmembers Semeta and Peterson for bringing this item forward. She also expressed concern about utilizing the proper process and recommended forming an ad hoc committee with three Councilmembers. Councilmember Semeta and City Attorney Gates discussed that an ad hoc committee is very informal and there is nothing in this item that should keep it from moving forward. Discussion ensued on timeline review, actual negotiations taking place in a closed session, and final determination being made in an open session. Councilmembers Semeta and Peterson expressed being open to a modified motion. Councilmember Brenden expressed his support for reviewing the Republic Services Contract, especially in light of the fact that Fountain Valley has recently negotiated a fixed-term contract with Republic. He supports using an ad hoc committee as part of the process that includes a Study Session report. Councilmember Peterson re-iterated that this item as presented was never intended to side-step any part of the negotiation process or exclude anyone, rather, it was intended to get Council approval for the staff time that will be required to review past reports and gather information to report back to the Council. Mayor Delgleize, Mayor Pro Tem Posey, Councilmembers Hardy and O'Connell all expressed support for the item If the term "negotiation" is changed to "review". A motion was made by Semeta, second Peterson to form an Ad Hoc Committee comprised of Councilmembers Peterson, Semeta and Posey to review the City's contract with Republic Services for Waste Management, and work with the City Manager and City Attorney's offices to compile a report for presentation to the City Council within 60 days. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 7. Item submitted by Councilmember Brenden and Mayor Pro Tem Posey approved as amended — Downtown Maintenance and Repairs Councilmember Brenden introduced this item, explaining that Main Street and Pacific Coast Highway (PCH) are considered the "front door" to the City, and stressed the importance of the area representing the City's esthetic standards. After presenting photographs that depict problem areas, he discussed how downtown visitors create wear and tear at an accelerated pace and stated support for a collaborative approach between the City and area property and business owners to ensure continued and proper maintenance and repair. Mayor Pro Tem Posey stated he has completed many walking tours of the area with both Kim Kramer and Bob Bolen which made him truly aware of conditions. The downtown area is the gateway to the City for many people, and this is Phase 1 for improving conditions throughout the City. Councilmember Peterson asked why the Downtown Business Improvement District and Visit Huntington Beach are not asked to get involved in the process of identifying areas of concern, or to commit financial HB -19-Item 1. - 9 Council/PFA Regular Minutes May 15, 2017 Page 10 of 12 resources to the effort. He also stated that most City parks exhibit the same conditions as shown in the pictures, and in his opinion, these conditions are not unique to the downtown. Mayor Pro Tem Posey stated that if this process had started maybe six months ago, Councilmember Peterson's suggested process would be more appropriate. However, in his opinion, because the summer season of events and increased tourism is nearly here, the City needs to step up and take a position of leadership now, especially after the resurfacing of Main Street and curb painting. He concurred that parks also need attention, but pointed out that they have their own funding. He stated that clean, safe and sanitary experiences in the downtown area this summer for visitors attending events such as the Great Paddle Out, July 4th festivities and U. S. Open will help ensure that they return again and again and stay as long as possible. Councilmember Hardy expressed concern about the lack of costs associated with this item, and suggested that Code Enforcement and Public Works staff be directed to provide action items with the cost. In her opinion, there is an urgent need that should be addressed now. City Manager Fred Wilson explained tasks already included in the current maintenance agreement between the City and BID that is scheduled to expire in October of 2017. He added that there has been ongoing discussion about bathrooms, and about involving Code Enforcement. Mayor Pro Tem Posey his opinion that if the City can step in and take care of some of the very obvious "low hanging" conditions, that this would encourage property and business owners and the BID to follow suit. He also didn’t see a need to involve Code Enforcement at this stage. Councilmember Semeta stated she is in support of the comments made by fellow Council members, and suggests that the list of action items and costs include the responsible party. Mayor Pro Tem stated that the intention is to have Public Works do an inspection, create a list in descending order of importance with cost, and who is responsible, so that the downtown will shine again. Councilmember Brenden supports providing a maintenance list with costs and responsibility. He also voiced his opinion that the BID is not comprised of “public works” professionals, and he has concerns about expanding the BID's responsibilities to include "public works" functions. He further stated that the spirit of this effort is for the City to show leadership and encourage collaboration in maintaining the downtown area. Councilmember Peterson stated that in order to support this item he needs to see costs before commencement of work. Councilmember Brenden stated that once the list is compiled, the work will commence because those responsible will clearly see the issues that need to be addressed. He further explained that this item is not to approve additional funding, but to ensure those responsible are fully aware of the existing issues. Councilmember Hardy stated that she believes Public Works is aware of the issues, but they might need assistance in determining priorities. She also suggested that Part B, after the first sentence, of the Recommended Action is not necessary. A motion was made by Brenden, second Posey to direct the City Manager to work with City Departments and the Downtown BID to compile a list of repair and maintenance issues related to public areas within 30 days. The list of action items in descending order of importance and dollar amount shall include graffiti and sticker removal, steam-cleaning of sidewalks and gutters, general repairs, HB -20-Item 1. - 10 Council/PFA Regular Minutes May 15, 2017 Page 11 of 12 maintenance, and any other sub-standard conditions, and assignment of action. City Manager to provide a report to City Council at the June 19 City Council meeting with a status report covering each issue identified. The area to be included is bounded by 1st Street, 6th Street, PCH, and Pecan Avenue. Also included would be the Municipal Pier, Pierside Pavilion, and the Beach Boardwalk (i.e., service road). The motion carried by the following vote: AYES: Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None RECUSED: O’Connell COUNCILMEMBER COMMENTS (Not Agendized) Mayor Pro Tem Posey recommends checking out the big face lift at 5th and PCH, specifically the new menu and remodel at Simmzy's Pub. Councilmember O'Connell reported attending the Every 15 Minutes event that shows high school students the tragic results of driving under the influence, the Golden West College Groundbreaking Ceremony for the new Math-Science Building and STEM Center, the Therapeutic Riding Center of Huntington Beach - 9th Annual Derby Day Fundraiser, and the Taste of Huntington Beach and Kiwanis Golf Tournament. Councilmember Hardy thanked Councilmembers O'Connell and Brenden, and Mayor Delgleize for attending the Weight Room Ribbon Cutting at Marina High School. She also announced a STEAM (Science, Technology, Engineering, Arts and Math) Fair at Ocean View High School, June 3rd that is primarily aimed at K-12 students but is open to the community. Councilmember Brenden reported attending a Vector Control meeting, the Seaside Village HOA meeting, visited Matt Johnson at Common Ground which offers great after school recreational activities for Oak View children, the Greater Huntington Beach Interfaith Council 2017 Prayer Breakfast, the Golden West College Groundbreaking Ceremony for the new Math-Science Building and STEM Center, the Recup and Theriault House Tour at the Recuperative Care Site in Midway City, a tour of the Seal Beach Naval Weapons Station, the Scholarship and Awards Ceremony at Golden West College, the Orange County Visitor Association's 9th Annual OC Tourism Conference, toured the construction activity at the Rainbow Disposal site, the Marina High School Weight Room Ribbon Cutting, and the Block Party at the Beach. He also announced the Memorial Day service at the Pier, and requested that this meeting be adjourned in honor and remembrance of all fallen soldiers. Councilmember Semeta congratulated Chris Cole, Specific Events Supervisor, for receiving the Association of California Cities - Orange County (ACC-OC) "City Staffer of the Year" award, and reported attending the 5th and PCH Ribbon Cutting. Mayor Delgleize thanked the Boeing Company for their Rocket Launch Day, and congratulated Councilmember Semeta for her recent art award. ADJOURNMENT — at 8:58 PM in honor and remembrance of fallen soldiers, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, June 5, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. HB -21-Item 1. - 11 Council/PFA Regular Minutes May 15, 2017 Page 12 of 12 ______________________________________ 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 -22-Item 1. - 12 Dept. ID FN17-008 Page 1 of 4 Meeting Date: 6/5/2017 Statement of Issue: The Finance Department is undergoing the mid-year budget review for the fiscal year that began on October 1, 2016. Departments have requested adjustments to their budgets to: provide appropriations for necessary park improvements and essential services; expend actual revenue that has been received in grants or restricted funds; address facilities maintenance needs; and, address critical staffing shortages. Financial Impact: 1. A General Fund (Fund 100) transfer of $500,000 is recommended from the audited General Fund Balance to the Infrastructure Fund in the Non-Departmental CIP Budget ($500,000). In addition, authorization is requested for inter-fund transfers of $12,854 between two funds. 2. A General Fund (Fund 100) budget adjustment is requested for Community Services ($233,800); and for the City Council ($10,000). 3. The Police Department is requesting to appropriate a total of $448,800 in the: SLESF Grant 12/13 Fund 984 ($105,000); SLESF Grant 11/12 Fund 968 ($74,800); Narcotics Forfeiture-State Fund 214 ($100,000); AB109 Public Safety Realignment Fund 979 ($80,000); Property and Evidence Fund 216 ($45,000); and Asset Forfeiture State 15% Fund 971 ($44,000). 4. The CENIC E-Rate Fund 1246 requires an appropriation increase of $61,000. 5. The Office of Business Development in the City Manager’s Department is requesting to appropriate $25,000 in the Specific Fund 101, and an increase of $10,000 in the In-Lieu Parking Downtown Fund 308. 6. A minor appropriation increase of $1,100 is requested in Non-Departmental for the Grand Coast Community Facilities District Fund CFD2000-1 Fund 405. 7. The City Treasurer’s Office and Finance Department are requesting ½ FTE each to perform essential cash management, banking and financial functions. Funding for temporary salaries ($50,000) and non-personnel services ($65,000) will be reduced for a net neutral impact. There are sufficient revenues, cash, and/or fund balances to support the above adjustments. Recommended Action: A) Approve mid-year budget adjustments to the FY 2016/17 Revised Budget in the Funds and by the amounts contained in Attachment 1; and B) Authorize additional Professional Services authority in the Fiscal Year 2016/17 Revised Budget in the departments and by the amounts contained in Attachment 2; and C) Increase the FY 2016/17 Table of Organization by 0.5 FTE in both the City Treasurer and Finance Departments. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Lori Ann Farrell Harrison, Chief Financial Officer SUBJECT: Fiscal Year 2016/17 Mid-Year Budget Adjustments HB -23-Item 2. - 1 Dept. ID FN17-008 Page 2 of 4 Meeting Date: 6/5/2017 Alternative Action(s): Do not approve the recommended action(s) and direct staff accordingly. Analysis: The FY 2016/17 Budget was adopted by the City Council on September 6, 2016, for the fiscal year beginning October 1, 2016. The Finance Department has compiled recommended budget adjustments to cover additional costs and/or provide appropriations necessary to expend funds that have been received for specific purposes. The City has received revenues or has set-aside prior year fund balances that will support the requested adjustments in the General Fund. The Other Funds adjustments will be funded by available revenue or fund balances within each distinct Fund. GENERAL FUND (FUND 100) A General Fund transfer of $500,000 is requested to the Non-Departmental Capital Improvement Program in the Infrastructure Fund to incur expenses related to the much needed improvements at Central Park as discussed during the Strategic Planning Retreat on January 26, 2017. Funds were set-aside from fiscal year-end savings as of September 30, 2016, to be used specifically for this purpose. The Community Services Department is requesting an appropriation increase of $233,800. There is sufficient General Fund revenue generated through beach pass funding to offset the requested increase of $58,000 for the Main Promenade maintenance cost. Additionally, $175,800 is being requested to make additional payments to Instructors at the Senior Center due to rising class numbers and registrations and for increased temporary staffing. Increased recreational class revenue has been generated that will offset this request. On May 15, 2017, the City Council requested the City Manager review the potential of donating $10,000 to the Huntington Beach International Surfing Museum for its “Surfing Circle of Honor- Celebrating Surfing in the Summer Games” in an attempt to break the Guinness Book of World Records for “World’s Largest Paddle Out” and to demonstrate the City’s support of the Surfing Village of the Summer Games. As a result, an appropriation of $10,000 is being requested. OTHER FUNDS SLESF Grant 12/13 (984) The Police Department is requesting appropriation of $105,000 to fund professional services to develop a new strategic plan for long-term organization goals associated with career development and succession planning ($30,000); outfitting of 49 vehicles for trunk safes to secure firearms as required by SB 869 ($15,000); remodel, relocate and furnish costs of the new offices and computer lab ($45,000); and asphalt repair to the landing and service area of the helicopters which has surpassed its useful life ($15,000). There are sufficient fund balances available for these requests. SLESF Grant 11/12 (968) The Police Department is requesting appropriation of $74,800 to complete the facility improvement/remodeling and to furnish the new cubicles of the front desk and the Traffic Bureau Records Division areas. There is sufficient fund balance available for this request. Narcotics Forfeiture - State (214) Firearms Training Simulators (FATS) system provides a lifelike simulated training scenario that helps Police Officers with decision making in use of force and deadly force scenarios. The Police Department is requesting an appropriation of $100,000 to acquire a FATS system to advance Police Officers training. There is sufficient fund balance available for this request. HB -24-Item 2. - 2 Dept. ID FN17-008 Page 3 of 4 Meeting Date: 6/5/2017 AB109 Public Safety Realignment (979) The Police Department has an automated license plate reader (ALPR) system that has been successfully used to locate and arrest multiple felony suspects. An appropriation increase of $80,000 is being requested to acquire additional ALPR units. There is sufficient fund balance available for this request. Property and Evidence (216) Appropriation of $45,000 is being requested by the Police Department to furnish the newly developed Property Release Room located in the new secured lobby. There is sufficient fund balance available for this request. Asset Forfeiture State 15% (971) The Police Department has maintained an Asset Forfeiture State 15% Fund (971), which funds narcotics and/or youth gang intervention programs, educational software and materials, as authorized under Section 11489(b)(2)(i) of the CA Health & Safety Code. A budget adjustment of $44,000 is requested to fund these programs and materials. There is sufficient fund balance available for this request. CENIC E-Rate (1246) The Library Services and Information Services jointly participate in a Federal incentive rebate program associated with the increasing demand for bandwidth in the City’s libraries. An appropriation increase of $61,000 is being requested to fund 60% of the libraries’ internet costs, which are fully reimbursed by this program. Specific Fund (101) The Office of Business Development of the City Manager’s Department is responsible for the issuing of film permits for the City. An appropriation increase of $25,000 is being requested for various department staff costs associated with accommodating film events, such as closing streets, providing police officers, or using Marine Safety personnel for water scenes, in the City. Film permit fees charged to the requesting parties fully covers these expenses for a net neutral impact. In-Lieu Parking Downtown (308) The Office of Business Development of the City Manager’s Department is requesting a minor budget adjustment of $10,000 to fund the shuttle service costs for the upcoming 4th of July and U.S. Open City events. There is sufficient fund balance available for this request. Various Funds An appropriation transfer is being requested for a total amount of $12,854 from the Energy Efficiency Fund (556) to the General Fund for a net neutral impact. A minor budget adjustment of $1,100 is also being requested for CFD-Grand Coast Resort Fund (405) to pay for financial services that will be offset by assessment revenue. Table of Organization The City Treasurer and the Finance Department are requesting approval to hire one Administrative Analyst to be designated 50 percent to each department, effectively adding ½ FTE to each Department’s Table of Organization. This position will replace the current Part-Time Level 21 Department Services Specialist I position in the Office of the City Treasurer. For Fiscal Year 2016/17, a reduction in temporary salaries and non-personnel funds from the City Treasurer and Finance Department’s budgets will help offset this expense. The Administrative Analyst will assist in handling the large volume of work compiled and analyzed in both the City Treasurer and the Finance Departments, including but not limited to the preparation of monthly cash flow projections, preparation of monthly and quarterly Treasurer’s reports, preparation of the Monthly Receipts and Disbursements, investment and economic analysis and HB -25-Item 2. - 3 Dept. ID FN17-008 Page 4 of 4 Meeting Date: 6/5/2017 reporting, financial reporting of the City's General Fund Revenue, assisting the Budget and Accounting Divisions during their peak work production periods, and other critical functions as needed. Professional Services: Per Administrative Regulation No. 228, each Department has a list of professional services which are generally contained in the Adopted Budget. City Council authorization is requested to amend professional services authority in the Information Services Department to complete current projects. No appropriation is requested and there is no fiscal impact to the General Fund. Environmental Status: Not Applicable. Strategic Plan Goal: Improve Quality of Life Enhance and Maintain Infrastructure Strengthen Economic and Financial Sustainability Enhance and Maintain Public Safety Enhance and Maintain City Service Delivery Attachment(s): 1. Fiscal Year 2016/17 Recommended Mid-Year Adjustments. 2. Fiscal Year 2016/17 Recommended Mid-Year Professional Services Authority and Table of Organization. HB -26-Item 2. - 4 Recommended Adjustments by Fund: TRANSFERS OUT Fund No Fund Name Appropriation Dept 100 General Fund 500,000 Non-Departmental 556 Energy Efficiency Fund 12,854 Public Works 512,854 TRANSFERS IN Fund No Fund Name Appropriation Dept 314 Infrastructure Fund 500,000 Non-Departmental 100 Energy Efficiency 12,854 Non-Departmental 512,854 APPROPRIATION INCREASE Fund No Fund Name Appropriation Dept 100 General Fund 233,800 Community Services 100 General Fund 10,000 City Council General Fund Subtotal 243,800 984 SLESF Grant 12/13 105,000 Police 968 SLESF Grant 11/12 74,800 Police 214 Narcotics Forfeiture - State 100,000 Police 979 AB109 Public Safety Realignment 80,000 Police 216 Property and Evidence 45,000 Police 971 Asset Forfeiture 15% State Set 44,000 Police 1246 CENIC E-Rate 61,000 Library 101 Specific Fund 25,000 Office of Business Dev. 308 In-Lieu Parking Downtown 10,000 Office of Business Dev. 405 Debt Svc Grand Coast CFD2000-1 1,100 Non-Departmental Other Funds Subtotal 545,900 All Funds Total 789,700 Fiscal Year 2016/2017 Recommended Mid-Year Budget Adjustments ATTACHMENT 1 HB -27-Item 2. - 5 Fiscal Year 2016/2017 Recommended Mid-Year Professional Services Authority Fund No Fund Name Description Amount Department 100 General Fund Network design, firewall configuration and other related services 100,000 Information Services 100,000 Fiscal Year 2016/2017 Recommended Mid-Year Table of Organization Fund No Fund Name Description FTE Department 100 General Fund Administrative Analyst 1/2 City Treasurer 100 General Fund Administrative Analyst 1/2 Finance ATTACHMENT 2 HB -28-Item 2. - 6 Dept. ID PW 17-021 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: On April 25, 2017, bids were publicly opened for the Beach Boulevard Water Main Extension Projects, CC1399 and CC1406. City Council action is requested to award the construction contract to AMPCO Contracting, Inc., the lowest responsive and responsible bidder. Financial Impact: Funding in the amount of $525,000 is available in the Water Master Plan Account No. 50791025.82100, $105,000 is available in the Water Master Plan Account No. 50791025.69365, and $140,000 is available from the Water Master Plan Account No. 50791006.82100. Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by AMPCO Contracting, Inc. in the amount of $575,240; and, B) 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, or provide staff with alternative action. Analysis: Primary objectives of the Beach Boulevard Water Main Extension Projects are to increase water system reliability, redundancy, and further improve fire flow protection. Both segments of new pipe extensions were identified in the adopted 2016 Water Master Plan. The scopes of the proposed projects are as follows: CC-1399 consists of installing approximately 100 linear feet of 12-inch pipe, across Beach Boulevard just north of Holt Avenue. CC-1406 consists of installing approximately 1,350 linear feet of 12-inch pipe, along the east side of Beach Boulevard, from Blaylock Drive toward Rubidoux Drive. Bids were opened publicly on April 25, 2017, and are listed in ascending order: CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with AMPCO Contracting, Inc. in the amount of $575,240 for the Beach Boulevard Water Main Extension Projects, CC-1399 and CC-1406 HB -29-Item 3. - 1 Dept. ID PW 17-021 Page 2 of 2 Meeting Date: 6/5/2017 BIDDER’S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) CORRECTED BID VERIFIED TOTAL CONTRACT AMOUNT AMPCO Contracting, Inc. $575,240.00 No Correction $575,240.00 Cedro Construction, Inc. $639,646.00 No Correction $639,646.00 Garrett J Gentry General Engineering Inc. $669,059.00 No Correction $669,059.00 Stephen Doreck Equipment Rentals, Inc. $681,505.00 No Correction $681,505.00 The lowest responsive and responsible bidder was determined to be AMPCO Contracting, Inc. Their experience was acceptable and reference checks for AMPCO Contracting, Inc. were obtained and provided acceptable responses. In addition, the proposed critical staff for AMPCO Contracting Inc., the Project Manager, and the Superintendent have worked for other contractors on City of Huntington Beach past potable water pipeline projects, which were completed in a professional and acceptable manner. The engineer’s estimate for this contract was $550,000, which is within five (5) percent of AMPCO Contracting, Inc.’s bid proposal for amount of $576,240. The total project cost is estimated to be $770,000, which includes the construction contract, contingency, supplemental expenses, construction management, and inspection. Public Works Commission Action: The Public Works Commission reviewed and approved the project on May 20, 2015, with a vote of 7-0-0 (all present). Environmental Status: The project is categorically exempt pursuant to Class 1(b), Section 15301 of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map, CC-1399 2. Project Location Map, CC-1406 HB -30-Item 3. - 2 4IL 2 / / I WARNER \ BLAYLOCK DR. I \ SLATER N c2 -- J r VICINITY MAP LOCATION MAP N.T.S. N.T.S. BEACH BLVD. WATERMAIN EXTENSION; CC-1406 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -31-Item 3. - 3 4INGER STARK DR. \ MM. WENOIMI • If= HOLT DR. MCDONALD VICINITY MAP LOCATION MAP N.T.S. N.T.S. BEACH BLVD. WATERMAIN EXTENSION; CC-1399 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -32-Item 3. - 4 Dept. ID PW17-022 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: On May 9, 2017, bids were publicly opened for the Adams Avenue Rehabilitation and Atlanta Avenue Rehabilitation Project. City Council action is requested to award the construction contract to Hardy & Harper, Inc., the lowest responsive and responsible bidder. Financial Impact: Funding in the amount of $1,620,000 is included in the FY 16-17 budget; in the Measure M Business Unit 21390026 ($1,120,000) and in the OCTA Grant Fund, Business Unit 87390009 ($500,000). Recommended Action: A) Accept the lowest responsive and responsible base bid submitted by Hardy & Harper, Inc. in the amount of $1,388,000.00; and, B) 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, or provide staff with alternative action. Analysis: The proposed project will rehabilitate Adams Avenue (Beach Boulevard to Newland Street) & Atlanta Avenue (Beach Blvd. to Newland Street). The segments of Adams Avenue and Atlanta Avenue were last rehabilitated in 1990 and 1984 respectively. Rehabilitation methods include grinding out and replacing failed asphalt concrete as well as standard overlay. Sewer manholes and water meter boxes and valves will be adjusted to grade. Areas of raised or settled curb, gutter, and sidewalk will be replaced as necessary. The project is using a sustainable paving material which utilizes rubberized asphalt concrete (RAC) which contains crumb rubber derived from 100% California waste tire rubber. A two inch layer of RAC uses over 2,000 waste tires per lane mile. The project will divert more than 8,000 waste tires that would otherwise end up in a landfill. Including this project, the use of RAC in the rehabilitation of the City’s arterial streets has resulted in the diversion of over 311,000 waste tires. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Hardy & Harper, Inc. in the amount of $1,388,000.00 for the Adams Avenue Rehabilitation and Atlanta Avenue Rehabilitation Project, CC-1502 HB -33-Item 4. - 1 Dept. ID PW17-022 Page 2 of 2 Meeting Date: 6/5/2017 Bids were publicly opened on May 9, 2017, with the following results: BIDDER'S NAME BID AMOUNT (Amount Read at Bid Opening and Basis of Award) Total Contract Amount Hardy & Harper, Inc. $1,388,000.00 $1,388,000.00 All American Asphalt $1,430,244.00 $1,430,244.00 R.J. Noble Co $1,474,357.00 $1,474,357.00 Excel Paving $1,497,762.00 $1,497,762.00 Griffith Company $1,675,447.50 $1,675,447.50 EBS General Engineering, Inc $1,892,295.00 $1,892,295.00 The engineer’s estimate for the project is $1,350,000. Staff recommends awarding a contract to Hardy & Harper, Inc. in the amount of $1,388,000.00. Hardy & Harper, Inc. has provided acceptable street rehabilitation construction in the past year for the Nichols Street Rehabilitation Project from Warner Avenue to Slater Avenue. The total project cost is estimated to be $1,620,000.00, which includes the construction contract, project management, construction contingency, and supplemental items (soils and materials testing, construction support services by outside firms, and additional engineering support). In addition to the grant funding of $500,000 from the OCTA Arterial Pavement Management (APM) program, reimbursement from the Cal Recycle Rubberized Asphalt Concrete (RAC) grant in the amount of $35,000 is anticipated. Public Works Commission Action: The Public Works Commission reviewed and approved CC-1502 on March 16, 2016, with a vote of 6-0-1 (Capps-absent). Environmental Status: The project is categorically exempt pursuant to Class 1, section 15031c of the California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map HB -34-Item 4. - 2 CHICA ST. PROJECT LOCATION (1) ADAMS AVE ( BEACH TO NEWLAND ) (2) ATLANTA AVE ( BEACH TO NEWLAND ) LEGEND ARTERIAL REHABILITATION LOCATIONS REV 02/11/16 ARTERIAL REHABILITATION, 00-1502 PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 HB -35-Item 4. - 3 Dept. ID PW 17-024 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: On May 9, 2017, bids were opened for Residential Overlay of Maintenance Zone 10 Project, CC- 1542. City Council action is requested to award the construction contract to All American Asphalt, the lowest responsive and responsible bidder. Financial Impact: The total amount needed for the project is $1,820,000. Funds of $1,650,000 are available in Gas Tax Fund account 20790053.82300. Funds for the adjustment of water and sewer elements portion of the contract are available in Water Fund account 50685801.82100 ($95,000) and Sewer Service Fund account 51185201.82600 ($75,000). Recommended Action: A) Accept lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,508,067; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and provide staff with an alternative direction. Analysis: The City of Huntington Beach is responsible for maintaining approximately 200 residential lane miles of streets. The City’s Pavement Management Program (PMP) calculates a pavement condition for each street. The street conditions are rated from 0 to 100, with 0 being the worst and 100 for a perfect condition. As part of the PMP, a residential network was created dividing the City into 12 maintenance zones to allow the City to better coordinate maintenance activities. This project will rehabilitate approximately 80 streets with pavement condition ratings below 55 in Maintenance Zone 10. Maintenance Zone 10 is located in the North Area of the City and includes the streets located West of Bolsa Chica Street. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 $1,508,067 to All American Asphalt for the Residential Overlay of Maintenance Zone 10, CC-1542; and, authorize 15% in construction change orders HB -36-Item 5. - 1 Dept. ID PW 17-024 Page 2 of 2 Meeting Date: 6/5/2017 The scope of work includes cold milling, installation of pavement fabric where needed, one and a half inch (1-1/2”) asphalt concrete overlay, adjustment and replacement of existing water valve covers to grade, adjustment of sewer and storm drain manholes to grade, and traffic striping. The bids were publically opened on May 9, 2017. The verified bid amounts are listed below: Bidding Contractor Base Bid Additive Alternative Total ALL AMERICAN ASPHALT $1,508,067.00 $315,071.00 $1,823,138.00 RJ NOBLE COMPANY $1,547,680.00 $324,450.00 $1,872,130.00 EXCEL PAVING $1,696,010.00 $296,960.00 $1,992,970.00 SULLY-MILLER $1,926,581.00 $427,419.00 $2,354,000.00 The basis of award of $1,823,138 was comprised of a Base Bid and an Additive Alternative. The Additive Alternate bid item consists of 17 additional streets identified as possible candidates for overlay. Based on the funding available, staff is recommending the Base Bid only and award of a contract to All American Asphalt in the amount of $1,508,067. All American Asphalt has successfully completed similar street residential overlay projects within the City. The total estimated project cost is $1,820,000 which includes the construction contract, project management, construction contingency and supplemental expenses. A fifteen percent construction contingency is requested to cover potential costs associated with an increase in asphalt concrete tonnage placement or unknown conditions. Any contingency funding not used could be allocated to incorporate some of the streets identified in the Additive Alternate. Public Works Commission Action: The Public Works Commission reviewed and approved the project was in substantial conformance with the CIP on January 18, 2017, with a vote of 5-0-2. (Commissioner Carr and Stanford 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. Project Location Map HB -37-Item 5. - 2 BIOLSA IAVE. NTS i RD 152 L _ RD 62 GARFIELD AVE. 0 0 PROJECT LOCATION REPORTING DISTRICT'S (RD) 151, 152, 153, 154, 155, 161, 162, 163, 164, 165, 172, 173, 174, AND 175 HAMILTON AV BANNING LEGEND PROJECT BOUNDARY RD BOUNDARY ZONE 10 OVERLAY PROJECT LOCATION MAP CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 1 OF 1 HB -38-Item 5. - 3 Dept. ID PW 17-027 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: Signal Landmark, A California Corporation, the subdivider of Tract No. 17034 (located in the Brightwater Development), has completed all required public improvements and is eligible to receive a release of securities pursuant to the provisions of the Subdivision Map Act. Financial Impact: Not Applicable. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 17034; and, B) Release the Faithful Performance Bond No. K08842073 and Labor and Materials Bond No. K08842073 pursuant to the California Government Code Section No. 66499.7(a); and, C) Instruct the City Clerk to notify Signal Landmark, A California Corporation, the subdivider of Tract No. 17034, of this action and the City Treasurer to notify Westchester Fire Insurance Company, of this action; and, D) Instruct the City Clerk to record the “Notice of Acceptance of Public Improvements” (Attachment No. 3) with the Orange County Recorder. Alternative Action(s): Deny the recommended action. This alternative action may violate Section 66499.7 of the Subdivision Map Act which requires that securities be released upon acceptance of public improvements. Analysis: Following the original recording of Final Tract Map No. 15460 for the Brightwater Development Project, the project was divided into separate phases and subsequent Tract Maps were recorded as follows: Tract 17032, Tract 17033, Tract 17034 and Tract 17076. Faithful Performance and Labor and Material Bonds were procured, as sureties for the installation of the required subdivision improvements for each tract. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 the Release of Securities for Tract 17034 and Accept the Public Improvements (Brightwater Development / Signal Landmark) and authorize recordation HB -39-Item 6. - 1 Dept. ID PW 17-027 Page 2 of 2 Meeting Date: 6/5/2017 On December 21, 2011, City Council approved the reduction of the project’s sureties in the form of a coverage rider since Signal Landmark substantially completed the construction of many of the required public improvements for the Brightwater Development Project and the originally submitted bond amounts were then reduced. On March 17, 2014, City Council approved the replacement of the project’s sureties with Bond Nos. K08842012, K08842073 and K08842036 utilizing a different insurance provider: Westchester Fire Insurance Company. Signal Landmark is now requesting release of the project’s sureties for Tract 17034. The City Engineer has determined that the improvements for Tract 17034 have been constructed in substantial compliance with the approved plans and specifications, and recommends acceptance of these improvements. PROJECT DATA: DEVELOPER: Signal Landmark, A California Corporation, P. O. Box 53370, Irvine, CA 92619-3370 SUBDIVIDER: Hearthside Homes, P. O. Box 53370, Irvine, CA 92619-3370 ENGINEER: Stantec Consulting, Inc., 19 Technology Drive, Irvine, CA 92618 SURETY: Westchester Fire Insurance Company, P.O. Box 1000, 436 Walnut Street, Routing WB04H, Philadelphia, PA 19106, (800-443-1558) Public Works Commission Action: Not required. Environmental Status: This recommended action is a ministerial act, and is exempt from the requirements of the California Environmental Quality Act, pursuant to State CEQA Guidelines, California Administrative Code, Title 14, Chapter 3, Section 15268(b). Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Location Map 2. Copies of the project’s current Faithful Performance and Labor and Materials Bonds (No. K08842073) 3. Acceptance of Public Improvements Form HB -40-Item 6. - 2 a II !go MEM LOS PATOS AVENUE LOS PATOS—AVENUE---- ME= INDICATES BUILDINGS WITH FIRE SPRINKLERS REQUIRED WITH ATTIC PROTECTION PER GUIDELINE B-09 ( LOTS 12-17, 136-137, 181-183, 201-203, 294-297) INDICATES RESIDENCE REQUIRING AUTOMATIC FIRE SPRINKLERS WITH ATTIC PROTECTION PER BULLETIN 08-99 ON LOTS 98, 148, 205-206, 267-270 3 PAC - THE SANDS POCKET - THE TRAILS 5000- THE CLIFFS 6000- THE BREAKERS DUE iENSED c1-254:e FNIECT NA 204234140 STAMM CONSULTING INC. 19 TECHNOLOGY DRIVE IRVINE, CA 92618 StnnteC 949.923.6000 E=MZEI TRACT No. 15460 PRODUCT EXHIBIT FOR OCFA BRICHTWATER CITY CF HUNTIMITON BEACH SMMT OF 1 HB -41-Item 6. - 3 BOND NO. K08842073 PREMIUM 83,821.00 FAITHFUL PERFORMANCE BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SIGNAL LANDMARK, a California Corporation (hereinafter designated as "principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated 20_, and identified as project Tract 17034 -Phase 3 hereof; and , is hereby referred to and made a part WHEREAS, said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement. Now, therefore, we, the principal and Westchester Fire Insurance Company as surety, are held and firmly bound unto the City of Huntington Beach, hereinafter called "City", the One Hundred Ninety One Thousand Forty and 00/100 penal sum of dollars ($ 191,040.00 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents. The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenant, condition and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless "City", its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect. As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable 1 HB -42-Item 6. - 4 attorney's fees incurred by "City" in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. The surety hereby stipulates and agrees that no charge, extension of time, alteration, or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications. In witness whereof, this instrument has been duly executed by the principal and surety above named, on February 12 , 20 14 SIGNAL LANDMARK, a California Corporation , as Principal By By Westchester Fire Insurance Company , as Surety By Erik Johansson, Attorney -in -Fact By APPROVED AS TO FORM JENNIFER *GRATH, City Attar- y io)1/‘ \ 7/;/?— By Blitti rt lt 7 Aiiiiitent City 2 HB -43-Item 6. - 5 State of California County of SUSAN M. ALAMILLA t Commission # 1974715 IL 'Notary Public - California Orange County My Coma Ex{ite. r Corporate Officer — Title(s): Individual Partner — 0 Limited 0 General Attorney in Fact Trustee Guardian or Conservator Other: Signer Is Representing: • • S....0,, \_•• • • CALIFORNIA ALL-PU kOSE ACKNO ENT CIVIL CODE § 1189 On pi. 0 omt O Here Insert Name and Title o't the Officer who proved to me on the basis of satisfactory evidence to be the person(S) whose name 0 is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(0, and that by hisiher/InG* signature$ on the instrument the person or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: RI , HUMBPRI SIGNER Top of thumb here Capacity(les) Claimed by Signer(s) Signer's Name: Signer's Name: LI LI LI LI LI LI LI 0 Corporate Officer — Title(s): 0 Individual 0 Partner — 0 Limited 0 General 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator El Other: 0 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 HB -44-Item 6. - 6 V. M. CAMPBELL Commission # 1910804 Notary Public - California Orange County My Comm. Expires Nov 25, 2014 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On FEB 1 2 2014 before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/arc subscribed to the within instrument and acknowledged to me that he/s-he/they executed the same in his/her/their authorized capacity(ies), and that by his/he-r/thei-F signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Y\A OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT 1 'INDIVIDUAL FICORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) fl PARTNER(S) n LIMITED E GENERAL NUMBER OF PAGES X ATTORNEY-IN-FACT TRUSTEE (S ) El GUARDIAN/CONSERVATOR FEB 1 2 2014 ri OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Westchester Fire Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE HB -45-Item 6. - 7 BOND NO. K08842073 PREMIUM included in Performance bond LABOR AND MATERIAL BOND WHEREAS, the City Council of the City of Huntington Beach, State of California, and SIGNAL LANDMARK, a California Corporation (hereinafter designated as "Principal") have entered into an agreement whereby principal agrees to install and complete designated public improvements, which said agreement, dated 20 and identified as project Tract 17034 -Phase 3 is hereby referred to and made a part hereof; and WHEREAS, under the terms of said agreement, principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Huntington Beach to secure the claims to which reference is made in Title 15 (commencing with Section 3082) of Part 4 of Division 3 of Civil Code of the State of California. Now, therefore, said Principal and the undersigned as corporate surety, are held firmly bound unto the City of Huntington Beach and all contractors, subcontractors, laborers, materialmen and other persons employed in the performance of the aforesaid agreement and referred to in the Ninety Five Thousand Five Hundred Twenty and 00/100 aforesaid Civil Code in the sum of dollars ($95,520.00 ), for materials furnished for labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to such work or labor, that said surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by "City" in successfully enforcing such obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered. It is hereby expressly stipulated and agreed that this bond shall insure to the benefit of any and all persons, companies and corporations entitled to file claims under Title 15 (commencing with Section 3082) of Part 4 of Division 3 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond. Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect. 1 HB -46-Item 6. - 8 The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of said agreement or the specifications accompanying the same shall in any manner affect its obligation on this bond, and it does hereby waive notice of any such change, extension, alteration or addition. In witness whereof, this instrument has been fully executed by the principal and surety above named, on February 12 , 20 14 SIGNAL LANDMARK, a California Corporation as Principal By By Westchester Fire Insurance Company as Surety By Erik Johansson, Attorney -in -Fact By 2 HB -47-Item 6. - 9 State of California County of 1 1'C1 1192, On 131 I LA Date OA I) no Here Insert Name lin, k)ot and Title of the Officer Po Ii(r personally appeared Name(s) of Signer(s) SUSAN M. ALAMILLA Commission # 1974715 Notary Public - California 1 Orange County My Comm. Expires Apr 12, 2016 \-•• •\_,• RIGHT I LIKIIB OF IGNE CALI ALL-PURPOI KNCtr,[n)(cilitlENT OMB. CODE § I1189 who proved to me on the basis of satisfactory evidence to be the person(e) whose names) is/arc subscribed to the within instrument and acknowledged to me that he/she/ther executed the same in his/her4the4r authorized capacity(Fe6), and that by his/Fier/their signature(' on the instrument the person(s), or the entity upon behalf of which the person(4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: Place Notary Seal Above OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. ' Description of Attached locument Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: El Corporate Officer — Title(s): D Corporate Officer — Title(s): E l Individual HUMBP 0 Individual (ENE El Partner — 0 Limited E General Top o humb here E Partner — 0 Limited El General 0 Attorney in Fact 0 Attorney in Fact 0 Trustee D Trustee D Guardian or Conservator El Guardian or Conservator O Other: 0 Other: Signer Is Representing: Signer Is Representing: •\.-..•nn-• • • @ 2010 National Notary Association • NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 HB -48-Item 6. - 10 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange On FEB 1 2 2014 before me, V.M. Campbell, Notary Public DATE NAME, TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" personally appeared Erik Johansson , who proved to me on the basis of satisfactory evidence to be the person(s) whose names (s) is/arc subscribed to the within instrument and acknowledged to me that he/the/they executed the same in hisThe-rIthei-F authorized capacity(ies), and that by hisTher/thei-F signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. V. M. CAMPBELL Commission # 1910804 Notary Public - California z Orange County My Comm. Expires Nov 25 2 ,0414 WITNESS my hand and official seal. OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT [1 INDIVIDUAL I 1 CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) fl PARTNER(S) LIMITED 17 GENERAL NUMBER OF PAGES ATTORNEY-IN-FACT TRUSTEE(S) fl GUARDIAN/CONSERVATOR FEB 1 2 2014 [1 OTHER: DATE OF DOCUMENT SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) Westchester Fire Insurance Company SIGNER(S) OTHER THAN NAMED ABOVE HB -49-Item 6. - 11 WESTCHESTER FIRE INSURANCE COMPANY Know all men by these : prcseots: That I ER FIRE INSURANCE COMPANY, a corporatien of the C9mmonwealth of:Pennsylyariia pursuant to the following Resolution; adopted by the :Board ofDireetors of the said Company on December 11, 200,:to:Wit::::: " RES.O.I.N.11:1), that the to. ll o Win g :atithori;iition s relate:to the e x ecini On.; for and on behalf of the CoMpanYl of bends,..nildertak. ingS; reco g nizzlni:es, oil iris and ,,,th,-..,rirritten coinmitments tif the Compan y •enterei(ilitiftlie ortliniiri. coUrSe .OF.busines.S:.(etnell a ''Writtort.Comrdi Intent"): Each of tho .Chitininin:. the Presiderit and iliO Vice iS1:12:(141p fltS'Oi.ilte Company is hereb y authorized to eeetiteNt y W'ritten Comnittininill'of loch behaff o f: th e •Cnni m inly, ((miff the seal of the Compan y or othe rwise. .. .. . .... .......... . . Each dillY appointed attonic y-in4act of :th e CoiWtinny .i 'hereby au tho rized to execute ariWritten Commitment for and on 1-.1 nIlialf oilliii Con rtany , under the seal o f :the Comp an y er twherwise, tyi the exte n t th a t . sitylh actlOrt is atultorized.b y Jilt: graiii of' powers prOvided:for in .:illicit itersaiis written.apPoiniment as such attorney-in-fact . . . . •• • • . .. . .. • • .. ... . . .. . ' • • • .• •• .: .. .. Eath of the (bairn in The Presid,ipt and the Vlee Pr esid e nts of the CuMpany.is hereb y authorized, for and on behalf of the Cor rititin y to appo nt in :Writing anY perSoll the :4mi-1)6 .y -in-fact of the Compan y with fait tiOwet.l. an d 4titherii:y toesecine, for and on :behaff of the CortipanY:under: the seal Of ihe.:company or otherwise, such Written Cominitinin is of.i.he C'onipdr o as mtly he:s lier:died in such wnRn appointment; which.:Specilietitton ina y .:17e..by1:•gen eraf t y pti•or class.of WI( wen Conituitinenti o r b y specification of one or more pal-titular WrifteriCorninitni e nts. • .• . ••• • ... . .. . .. . .• • • • • .. .• • • .... .. .. .. .. Each °Effie Chtii mum. II e President:and. Vice Picsidenti•or tile e6i;Ip.aill.:: in hereby atithorized, for and on behalf of the Company, to•del ett ate:•in w rill nn an y other offic ii.r of the Company the authorit y to • . • execute, for and on behalf of the Compan y , under the Compan y 's seal or otherwise, such Written Commitments of the Compan y as are specified in ,uch wolten dele g ation, which sped fiCati on ma y be b y general ty pe or chits n I \Vinton Com mitments oi by. sped tication of one more particul ar.W.Otten Commitments. ... .. .. . .. • .. .. ... .....• The si gnatuid.:4M1V ..:pflicer o t Other kroon:exc e oun g .stny lb riot Commitnierit or app o intrnent :o r ddeg ation purs.uant to this Resol ution, :hid the Stit.d of the Coo plu w into h e affix e d by •lacsimile .on .s.1,ch . Written Con rnihnent or wn Lich aP1K1fnllli.11 nrWlegallt .-41;.• < .• •; ; .: ;•: •••; •:: FURTHER. RESOLVE.0, that.the Foreg itin g Resolution shalt:not:he decined•fr i be:a n exHiusive statenicrit Of the powers and authorit y :Of officers, en-tplt1 y eS arid other persons I for an.d 011 behalf :thin:. • • Compan y, and stich Resoltn iiin sh a ll ni. Innit'efrotherwi s e•:tiffeet.:thc•Olitercise Cif attx such.power or anthill-11 y otherwise validl y granted Or eCisted : i : ' •••••• .. . . ' • .. . . . : • • . .• • . . • • Does hereby norninate, constitute :and appoint christinajehnsitir. Erik Joh:filssori,lisa'Clark, Shirley Bauman, Victoria . M t7anipbell, all of the .City of I...,OS ANGELJES ., . Califomia,.each individnall), if 'there be more thzin one named, its true and law' 'NI attorney-in-fact, to make, execute, seal and deliver on its'beliall; and as its act and ' deed. any and all botids;underuikings:,'reertgnizatieeS::erintracts and other writings irrtlie nature thereof in penaltieS:rierexceeding'T .Wenty inilliOn dollars & zero cents (S20,000,000:00) and theexeclition of such :W6tingslirpurs-liance of these presents :Shall :be as hiOdingupiln said comPany, as fully .:and airifilY as if they had been duly . . executed and ti4:16.Wledged by the 'regularly 'elected officers cif -the Company at its principal office.: .. IN wiTNI3ss WHEREOF, the said Stephen M I Laney, Vide-President, has hereunto subScrihed his name arid :affixed the: Corporate seal of the said WESTCHESTER FIRE INSURANCE COMpANY this 18 day of January 2013. • WESTCHESTER FIRE INSURANCE :COMPANY Stephen M Haney. Vice Pctsi4eiti COMMONWEALTH OF PENNSYLVANIA COUNTY OF PHILADELPHIA ....ss. On this 18 day Of January, Al). 2013 before ine, a:Nritary Publie"Of the Commonwealth of PennsylVania in and for the Count) of Philadelphia came Stephen M. Haney ,Vice -President of thc:WESTCHESTERFIREINSURA:NCF COMPANY to me personally known to be the individual and officer who executed the preceding instrument, and he ackrrOwledged that Ile executed thc sonic, and that the Seal affixed to the preceding instrument is the corporate seal of said Company; thdt the said corporate seal and his signature Were :duly iiffixed by the authority -nod direction of the said corporation,:antIthat Restitution, adopted by the :Board of Directors of said Company, referred to in the Preceding instrument, is now in force:: IN TESTIMONY WHEREOF:I have hereunto set it,' hand arid affiXed offieial Seal at the City of Philadelphia the day and year first abeve written. I, the understrined Assistarrt:Secretary of theAyESTCHESTER.FIRE INSURANCE COMPANY, do lierebly :.certitOhat the original POWER OFATTORN EY; of which the ftiregebig is a substantially :true and correct copy.;. is in full Wee and effect. In witness Whereof, 1 have hereunto:subscribed nos name asASSistailt Secretaly,:land affixed the corporate seal the:Corporation, this 1 I 2u 1 4 4.Z zawN Wi4m 1. . 'OHS POWER OF ATTORNEY MAY NOT BE U.SED:TO EXECUTE ANY BONDWITH AN INCEPTIONDATE AFTE .RJanuary 1 .8,2,015. THE BACK OF THIS DOCUMENT LISTS VARIOUS SECURITY FEATURES THAT WILL PROTECT AGAINST COPY COI HB -50-Item 6. - 12 Recording requested by, and when recorded return to: Robin Estanislau, City Clerk Office of the City Clerk CITY OF HUNTINGTON BEACH P.O. Box 190 —2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255,22) PLEASE TAKE NOTICE THAT on //7/9V , 2017, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements of the subdivision have been dedicated to the City of Huntington Beach and such public improvements constructed consist of: a. The domestic water system and appurtenances per the Improvement Plans for Tract No. 17034, b. The sewer system and appurtenances per the Improvement Plans for Tract No, 17034. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Approval of the development's Cooperative Agreement (by and among the County of Orange, The City of Huntington Beach, Signal Landmark, and the Orange County Local Agency Formation Commission) at the May 6, 2008 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest 11--4",- 2017 City Clerk and Ex-officio Clerk of the CO Council of the City of Huntington Beach, California CITY OF HUNTINGTON BEACH By: City ErigiVar—(:) HB -51-Item 6. - 13 P L. ESPARZA Commission # 2032750 < , . Notary Public - California z z z Orange County My Comm. Expires Aug 4.2017 1 WITNESS my hand and official seal. Signature Signature of Wary FylA Document Date: 442/7- Named Above: CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 're:C.:MGM:C.17Q a..4.• cNt/U....'6•741,:k7VV,4 ws.t/F4V-$.1-•Vot A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California, ) County of C2X-41-P•06L-:-- ) On 7,94y ...3/,,), c 9 e / 7 before me, Z___.. Date Here Insert Name and Title of the Officer personally appeared 711/0"4-.S /--.',64=z_ 4,Q2 idS)616//c) .s-'7sz..4.e..4 Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the perso subscribed to the within instrument and acknowledged to me that iiie uthorized capacit and that by hisil.pesignatur or the entity upon behalf of whic the perso s I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. whose name 4s executed the samein s on the instrument the perso acted, executed the instrument. Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Number of Pages: Signer(s) Other Than Capacity(ies) Claimed by Signer(s) Signer's Name: E Corporate Officer — Title(s): E Partner — Li Limited E General Signer's Name: Corporate Officer — Title(s): E Partner — CI Limited 0 General El Individual LI Attorney in Fact E Individual 0 Attorney in Fact El Trustee 0 Guardian or Conservator 0 Trustee El Guardian or Conservator CI Other: n Other: Signer Is Representing: Signer Is Representing: - 02014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1 -800 -876 -6827) item #5907 HB -52-Item 6. - 14 Dept. ID CK 17-003 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: The City Council is being asked to adopt Resolution No. 2017-22 authorizing cancellation of the July 3, 2017, regular meeting due to lack of time-sensitive agenda items on the eve of the July Fourth holiday celebration. Financial Impact: Minimal reductions in expenditures. Recommended Action: Adopt Resolution No. 2017-22, "A Resolution of the City Council of the City of Huntington Beach declaring the cancellation of the City Council and Public Financing Authority regular meeting of July 3, 2017; and, directing the City Clerk to provide notice of such cancellation." Alternative Action(s): Do not approve the cancellation, and direct the City Clerk to prepare and post an agenda. Analysis: Activities planned for the July 4th holiday are extensive and provide for a full day of celebration citywide. Since the July 3rd Regular City Council Meeting falls on the eve of the holiday and projected agenda items reveal nothing of a time-sensitive nature, staff recognizes a potential to reduce expenditures and/or staff time should the Council approve cancellation of the meeting. Upon direction, the City Clerk and Public Information Office will provide widespread notification of meeting cancellation to the public including, but not limited to, informing the press, notification via the City’s website, social media, and publication in the City Manager’s newsletter. Environmental Status: Not applicable. Strategic Plan Goal: Administrative item. Attachment(s): CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Robin Estanislau, CMC, City Clerk PREPARED BY: Robin Estanislau, CMC, City Clerk SUBJECT: Adopt Resolution No. 2017-22 authorizing cancellation of the City Council/Public Financing Authority regular meeting of July 3, 2017; and, direct the City Clerk to provide notice of such cancellation HB -53-Item 7. - 1 Dept. ID CK 17-003 Page 2 of 2 Meeting Date: 6/5/2017 1. Resolution No. 2017-22, "A Resolution of the City Council of the City of Huntington Beach declaring the cancellation of the City Council and Public Financing Authority regular meeting of July 3, 2017; and, directing the City Clerk to provide notice of such cancellation." HB -54-Item 7. - 2 RESOLUTION NO. 2017-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CANCELLATION OF THE CITY COUNCIL AND PUBLIC FINANCING AUTHORITY MEETING OF JULY 3, 2017, AND DIRECTING THE CITY CLERK TO PROVIDE NOTICE OF SUCH CANCELLATION WHEREAS, it has been determined that the regular m eeting of the city Council and Public-Financing Authority scheduled for July 3, 2017 falls on the eve of the July 4, 2017 holiday and should be canceled due to the absence of time-sensitive agenda items; and The City Council desires to declare that the regular meeting of the City Council and Public Financing Authority scheduled for July 3, 2017, is canceled, and to direct the City Clerk to provide public notice of such cancellation, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. That the regular meeting of the City Council and Public Financing Authority scheduled for July 3, 2017, is hereby canceled. 2. That the City Clerk is hereby directed to provide public notice of such cancellation in a manner as she deems necessary, or as otherwise provided by law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager APPROVED AS TS) FORM: INITIATED AND APPROVED: City Clerk 17-5807/158360/RLS 5/17/17/MV HB -55-Item 7. - 3 Dept. ID ED 17-09 Page 1 of 3 Meeting Date: 6/5/2017 Statement of Issue: The City Council identified a goal of developing an Economic Development Implementation Plan (Plan) to create an incentive based business retention, attraction, and expansion program to bolster the City’s fiscal sustainability. The Plan identifies goals and objectives that are quantifiable and the Plan will be reported to the City Council quarterly. The City Council is requested to approve of the Plan. Financial Impact: Not applicable. Any proposed projects or programs that arise out of the Plan will be brought forth to City Council for consideration. Recommended Action: Approve the Economic Development Implementation Plan. Alternative Action(s): Do not approve the Plan and direct staff accordingly. Analysis: At the City Council Strategic Planning Session on January 28, 2017, the City Council identified a goal of developing an Economic Development Implementation Plan (Plan). This Plan represents an economic development strategy that creates an incentive based business retention, attraction, and expansion program that will benefit the City. The Plan identifies goals and objectives that are quantifiable and the Plan will be reported to the City Council quarterly. This will be a living document and can be amended to include new priorities of the City Council. The Plan sets forth goals, objectives, and tasks necessary to achieve the City’s economic development goals as identified by City Council. The Plan concentrates on five (5) focus areas, which will be addressed over the next two (2) years. The focus areas were selected based on a SWOT analysis that emerged from the Economic Development Strategic Plan, a review of the City’s existing economic make-up, and a review of trends and technology advancements within the industries present in the City. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 Business Development SUBJECT: Approve the Economic Development Implementation Plan HB -56-Item 8. - 1 Dept. ID ED 17-09 Page 2 of 3 Meeting Date: 6/5/2017 These focus areas are: o Responsive and Effective Government o Tourism, Retail, and Quality of Life o Entrepreneurship o Healthcare and Biomedical Technology o Manufacturing These focus areas are viewed as areas that are primed for economic growth, are existing job creators, have gained national attention as growth opportunities for the economy, and in some cases need a City led effort to improve. The goals and objectives in this plan have been designed to address specific economic development priorities. These priorities include: Increase the city's tax base and other revenue sources Create and retain jobs Address sales tax leakage and diversify the sales tax base Create new markets and spur innovation Build local and regional relationships to aid in the advancement of the economic development program. The goals and objectives include potential collaborations (private sector and regional) and will include indicators that are measurable (action, timeframe, and performance). The Office of Business Development team helps to facilitate the services available to businesses (City, regional, State, and Federal), as well as to provide one-on-one assistance through our Business Advocate Program. The Office’s role includes offering a central point of contact for new and existing businesses that can help them access City services, as well as guiding businesses through the entitlement process when needed. The Office also facilitates the development and marketing of economic programs in the City of Huntington Beach. This is a team effort and all Departments within the organization are responsible for the economic strength of the City. The Plan calls for quarterly updates of the goals and objectives. As part of the update the goals and objectives may be changed/amended, deleted, and new goals may be added as City priorities change. The Plan is a living document that will be used as a tool to evaluate the City’s economic development progress over the next two years. The quarterly updates will be distributed to City Council, posted on the City’s website, and be part of the electronic communications to the City’s business partners. A quarterly Economic Development Snapshot will be included in the update. The Snapshot will include the quarterly sales tax trends, new businesses, loss of businesses, unemployment rate comparisons and other relevant economic data. The Snapshot will be an opportunity for the community to understand the City’s tax base, other revenue streams, employment statistics, and leakage/diversification/demand of the retail tax base. The draft Plan has been reviewed by the Economic Development Committee, provided to all City Council members for comments, as well as Community Development and interested City Staff. In addition, the Chamber of Commerce and Visit Huntington Beach has also reviewed the Plan. HB -57-Item 8. - 2 Dept. ID ED 17-09 Page 3 of 3 Meeting Date: 6/5/2017 Environmental Status: Not Applicable Strategic Plan Goal: Strengthen Economic and Financial Sustainability Attachment(s): 1. Economic Development Implementation Plan HB -58-Item 8. - 3 ECONOMIC DEVELOPMENT IMPLEMENTATION PLAN June 2017 HB -59-Item 8. - 4 Table of Contents Introduction 1 Economic Development Implementation Plan 1 Plan Objectives 2 Office of Business Development /Cooperation 3 Responsive and Effective Government 3 Tourism, Retail and Quality of Life 5 Entrepreneurship/Small Business Development 8 Healthcare and Biomedical 9 Manufacturing 10 Evaluation of Goals and Objectives 11 Membership/Training 11 Funding of Economic Development Goals and Objectives 12 APPENDIX 14 Matrix of Goals and Objectives HB -60-Item 8. - 5 1 INTRODUCTION The City has defined its mission and overall economic development goal as follows: Mission Statement The mission of the City of Huntington Beach economic development program is to strengthen and grow the city’s economic base. Economic Development Goals The goals of the City of Huntington Beach Office of Business Development are to a) increase the city’s tax base; b) create and retain jobs within the city; and c) address sales tax leakage and relationships to aid in the advancement of the Economic Development Mission. The term “economic development” refers to activities undertaken by the public sector to promote job creation and retention, to ensure a strong, growing and diversified economy, and to increase the size of the City’s tax base. Economic development success depends not only on business-oriented programs, but also on complementary efforts to provide public infrastructure, education, workforce training, affordable housing, and a cost-effective and predictable regulatory framework. Generally, economic development activities fall under one of three approaches: 1. Business attraction – marketing to attract businesses to relocate to Huntington Beach 2. Business creation – encouraging entrepreneurship and the development of new businesses and jobs 3. Retention and expansion – enhancing existing businesses and employers The recession and elimination of redevelopment agencies statewide challenged economic development agencies to do more with fewer resources. In response to these challenges, the City undertook the formation of an Economic Development Strategy in 2014, which analyzed and discussed the City’s economic base, with a specific focus on driving industries that form the basis for future economic prosperity. The Strategy defined the City’s strengths and weaknesses, as well as both internal and external threats. Having now achieved some measure of success with the initial implementation of objectives, it is an ideal time to focus the strategy on those objectives which are most relevant to the City’s current needs and growth opportunities. ECONOMIC DEVELOPMENT IMPLEMENTATION PLAN This Huntington Beach Economic Development Implementation Plan (“Plan”) sets forth the objectives and tasks necessary to achieve the City’s economic development goals. The Plan looks beyond the “traditional” strategies formerly employed by economic development agencies and instead focuses on new and innovative strategies, a focus on the leveraging of partnerships and collaboration, and targeted infrastructure HB -61-Item 8. - 6 2 improvements. It is the responsibility of the City to establish the economic foundations – workforce development, job opportunities, physical infrastructure, a positive business and regulatory climate, advanced technology, and a high quality of life – to encourage the business community to invest in Huntington Beach, create jobs and have the resources to be successful. The Plan sets forth a path to creating a responsive government that is praised for its customer service, opportunities for development, market-generating programs, flexible industrial spaces, and infrastructure needed for entrepreneurs to start/expand businesses. With the help of the business community, residents and our economic development partners, the City can strengthen our local economy by capitalizing on its existing assets and resources. Consistent with the City’s economic goals, the Plan is designed to retain existing Huntington Beach businesses, create opportunities for expansion, provide resources for entrepreneurs and attract complementary businesses to the City. The City’s efforts to enhance the quality of life in Huntington Beach , by supporting an expanded business sector, will have the effect of potentially increas ing revenue by driving up economic activity and the resulting taxes and fees that support public services for residents and businesses. Plan Objectives The Plan concentrates on five (5) focus areas to be addressed over the next two (2) years. These areas were selected based on the SWOT analysis from the Economic Development Strategic Plan, review of the City’s existing economic make up and reviewing trends and technology advancements. They include areas that are ripe for economic growth, are existing high job creators, are gaining nationa l attention as growth opportunities, or need a City-led effort to improve. These focus areas are: o Responsive and Effective Government o Tourism, Retail and Quality of Life o Entrepreneurship o Healthcare and Biomedical o Manufacturing The goals and objectives in this plan have been designed to address specific economic development goals: increase the city's tax base and other revenue sources, create and retain jobs within the city, address sales tax leakage and diversify the sales tax base, create new markets, and build local and regional relationships to aid in the advancement of the economic development program. The goals and objectives will discuss potential collaborations (private and regional) and will include an action, timeframe and performance indicator. The funding of items will be indicated. HB -62-Item 8. - 7 3 OFFICE OF BUSINESS DEVELOPMENT / COOOPERATION The Office of Business Development team helps to facilitate the vast services available to businesses, as well as provides one-on-one assistance where extra efforts may be needed as a business advocate. The Office’s role includes offering a central point of contact for new and existing businesses that can help them access City services, as well as guiding businesses through the entitlement process. The Office also facilitates the development and marketing of economic programs in the City of Huntington Beach. It is worth noting, however, that all departments are responsible for the economic strength of the City. Cities and states across the country are vying for some of the same economic opportunities. To effectively compete for these important jobs and economic opportunities, the City must be prepared internally by providing quality services for businesses which encourage them to locate here. The Office of Business Development will provide assistance for professional development to all other Departments. Further, the City is also part of a regional economic system and our success is aligned with the economic achievement of the region. The City must continue to partner and leverage local and regional efforts to encourage, assist and partner with institutions and businesses, large and small, to achieve our business goals. It should be recognized that the City may not have all the necessary resources to achieve every objective, but will undertake the implementation to continue the City’s success - partnerships are key in achieving our goals. Responsive and Effective Government One of the key elements of economic development is a responsive and effective government. Outreach, both internal and external, is critical to create a positive atmosphere for dialogue and discussion with existing and future businesses. Business outreach promotes a positive perception of the City as business-friendly, both locally and regionally. This perception can be promulgated through partnerships and active memberships with the local Business Improvement Districts (BID’s), Chamber of Commerce and regional and state-wide economic development groups. Three ways to enhance the level of a responsive and effective government is through:  Customer Service – provide employees with the training, skills and tools they need to effectively and professionally provide accurate information in a t imely manner;  Efficiency – identify and resolve internal systems that delay outputs or result in redundancy, without sacrificing community wellness and public health and safety. Efficiency also pertains to coordinating with external partners to avoid duplication of efforts and to share resources;  Communication – develop effective communication tools to demystify local government, improve transparency, and share valuable information and resources. HB -63-Item 8. - 8 4 1) Convene Quarterly Meeting with Development Staff to Share Information/ Success and discuss streamlining processes a) Business Development staff will present to the various departments and/or divisions in City Hall the goals and objectives of this Pla n, its relevance to each Department, and discuss the status and n ext steps to be undertaken . 2) Expand the Existing Business Advocacy Program to Assist New and Expanding Businesses a) Create a brochure with contact information for the Business Advocacy program that can be provided to City Inspectors and make available at lo cal business organizations . b) Work with specific departments to update/create a flow chart of how a business owner would obtain a business license, plan check and building permit(s), planning entitlements, and other permits that might be necessary from other gove rnmental agencies, such as the Orange County Health Department. c) Coordinate resources with federal, state, and local programs where needed. d) Create a poster and f liers for placement at City Hall where business owners/operators would visit such as business li cense, Community Development, Public Works letting businesses know they can visit Business Development staff to provide business advocacy services and to answer business related inquiries. 3) Continue to Engage and Work with the Huntington Beach Chamber of Commerce/OCBC/ACC-OC/Regional Economic Development Groups/Visit Huntington Beach/Downtown and Auto Business Improvement Districts for Business Enhancements a) Actively participate (attend meetings) within these groups, by providing data and information from the City. b) Provide marketing information from the City to organization s. c) Work with organizations for joint marketing opportunities. d) Discuss lease space availability, development opportunities, project/program status and other initiatives of the City. e) Work with internal and external organizations to provide the best experience possible to Huntington Beach visitors. 4) City staff, along with the Mayor and City Council, will re-establish the business visitation program - Business Link a) Business Development staff will arrange for a site visitation and tour with the Mayor. The visit will provide an opportunity for questions and answers. If the Mayor is unavailable to attend the business visitation, the program will be open to fellow Council Members. b) Discussion may include discussion of the health of the company, their experience with the City and actions that the City can take to assist the business. c) Visits will assist the City to gain insight about the needs and wants of business HB -64-Item 8. - 9 5 owners through the Business Link program and improve upon the programs and resources offered to them. Summaries of business visits will be provided for the web site and future goals and objectives may be developed. 5) Hold Business Roundtables with the Economic Development Committee (EDC). The Roundtable will be focused on specific areas within the City a) The Roundtables may include City Council, Business Development and other City departments, business resource organizations such as the Chamber of Commerce, the SBA and SBDC and the OC One-Stop Center to welcome businesses into the City and to provide an opportunity to introduce to a wide variety of business resources to owners and create positive relationships. b) The Roundtables can provide an opportunity for businesses to become familiar with City staff and available resources and the City to find out the needs of the business community. In addition, it is an outreach tool for Business Development to gain business owner insights, including experience(s) working with the City and other opportunities for improvement. 6) Use of Electronic Communication to Share Information and Accomplishments a) Gather/obtain and create and e-mail blast for monthly information on business related items. Email blast can include program/project updates, upcoming events and business spotlights. b) Distribute permit process handouts, FAQ’s and contact lists. c) Increase web based information, look at use of other media and opportunities to provide electronic information tools that can serve as business resources. 7) Continue the Brokers Briefings, which creates opportunities for the City and brokers to discuss real estate trends and any potential leads for attraction/retention a) City will provide an update on current issues, new programs, projects. b) Staff will provide information as requested by the brokers (City code clarification, review process, etc.). c) Brokers to present as well with deals they have closed and areas they are currently representing, available properties or properties coming available. Tourism, Retail and Quality of Life Tourism is an integral part of the Huntington Beach economy. Visitors make significant contributions to our local tax revenues, employment and quality of life. In 2015, nearly 4 million non-OC resident visitors to HB generated approximately $700 million in total economic impact (business sales), which in turn generated $15.7 million in local taxes, supported 6,000 jobs and $276 million in labor income. It is estimated that the average annual tax burden for HB households would increase $497 yearly to maintain the same level of community services were it not for the economic impact of visitor expenditures. Without Huntington Beach visitors, and their associated spending, the City would have an estimated 240 fewer restaurants, 100 fewer recreational businesses and 82 fewer HB -65-Item 8. - 10 6 retail businesses, which would have a major impact on the quality of life for all local residents. The City’s Transit Occupancy Tax (TOT) also continues to increase, with the opening of Pasea, a 250-room boutique hotel at Pacific City. In 2017, the long- awaited Hilton Hotel tower expansion will open along with Springhill Suites by Marriott. Last year the TOT increased by 9%. It is budgeted for another 2% increase in 201 6-17. The City continues to show growth in our commercial sectors. The retail sales tax has continued to increase and has reached pre-recession amounts with Fiscal Year 2016- 2017 anticipating a 2% increase. Our vehicle sales continue to increase and this year we have seen a new dealership on the Beach Blvd of Cars (McKenna `Subaru). The City will have three auto dealers investing significant capital improvements on their property – McKenna Subaru, Hardin Hyundai and Car Pros Kia. With the opening of Pacific City, retail sales are continuing to climb. However, the City needs to ensure that the older commercial strips also reinvest in their property to continue the sales tax growth potential. The City needs to watch, understand and contest the internet/on -line shopping. The City receives 1% of the total sale for each sale that tax place within the City boundaries. Local tax for online sales (not attached to a brick and mortar store or distribution center) is distributed to a countywide sales tax “pool”. The pools are made up of local tax for sales that occur online, for goods that ship to California customers from a point outside the state, and use tax associated with construction contracts. Huntington Beach receives approximately 6% of the Orange countywide sales tax pool – or 6% of the 1%. One consideration for encouraging local in-store shopping is a “Shop Local” Program. The City’s Property Tax is forecasted to raise 2.4%; the City’s single family home price is at its highest level of $695,000 since 2006. Quality of life plays an important role in the local economy. The City hosts 752 acres of park land, with a world-class Central Library located within the 356-acre Central Park, as well as four additional branch libraries. The City just opened a new state of the art 38,000 sq ft Senior Center in Central Park including the Hoag Health and Wellness Pavilion and a computer learning center. The City’s cultural and sports resources include the Art Center, five recreational centers, the International Surfing Museum, Pier Plaza, Equestrian Center, Shipley Nature Center, Dog Beach, Vans Skate Park, and a 45-acre Sports Complex. The City hosts large-scale annual events such as the Vans US Open of Surfing, Breitling Air Show, Fourth of July Parade and Fireworks Show, Surf City Marathon, and Concours d ‘Elegance. The City also is home to a 10- mile award- winning beach. The actions resulting from the Plan can enhance and improve the quality of life for Huntington Beach residents and promote Huntington Beach as a business and vacatio n destination. The Plan can assist to stabilize and expand the retail base by assisting in the attraction of needed retail establishments, marketing vacant storefronts, and HB -66-Item 8. - 11 7 supporting existing businesses. Our objectives are to increase sales tax, transit occupancy tax and property tax. 1) Retain and Expand the existing job base while pro-actively attracting new businesses, industries, jobs and investment a) Create marketing materials that promote Huntington Beach’s strengths to send/hand out to businesses to increase the City’s proactive outreach. b) Attend ICSC and related conferences/events to promote the City as a business destination. c) Compile and provide information regarding access to capital sources. d) As needed, offer Sales or other Tax Sharing Agreements for desired businesses that bring in high paying jobs, large sales tax producers or are identified as priorities in the Plan. 2) Create a Shop Local Program a) Work with Chamber and BID’s to create a new Shop Local Program. b) Market the Shop Local Program on social media and all other avenues. 3) Enhance Huntington Beach tourism opportunities a) Identify potential new events that encourage and increase regional tourism to Huntington Beach, focused on the “off -season” (September to June). b) Work with Visit Huntington Beach to install Way-finding Program to assist visitors to drive to numerous locations throughout the City. c) Collaborate with all parties to cross-promote activities and events, including both Huntington State and Bolsa Chica State Beach. d) Reach out to major sports tournaments and sporting events to attract and enhance sporting events – focus on off-season”. e) Work with Visit Huntington Beach to dissimulate information on Huntington Beach’s eco-tourism opportunities. 4) Increase efforts to attract filming a) Work with Visit Huntington Beach to promote City at filming location conference b) Promote /advertise the filming that has occurred within the City. c) Work with State Film Commission to have Huntington Beach listed on State web site, or establish Huntington Beach as a separate Film Commission. 5) Create a Pop-Up Program to temporary fill vacant storefronts a) Create a list of potential pop-up programs/uses to provide to vacant storefronts. b) Develop a list of local artists that could install a decorative storefront in vacant properties with high visibility; and/or create a standard window wrap concept. c) Work with Community Development and Fire Departments to review City regulations and create a streamlined/minimum guideline for Pop -up Program temporary use. 6) Enhance the City’s Commercial Corridors a) Focus on segments of major commercial corridors (Beach/Edinger/Adams/ Brookhurst/Warner/Bolsa Chica) to meet with the businesses, provide City HB -67-Item 8. - 12 8 information and promote the Commercial Façade Rehabilitation Program. b) Place Shopping Center Directory on City’s Business Development website to provide retail shopping opportunities and related information to the community. 7) Collaborate with the Downtown Business Improvement District a) Enhance the marketing of the Downtown area to the Huntington Beach community and to attract regional visitors, this can be accomplished through e- mail blasts, advertisements and additional events. b) Expand the maintenance area by the BID though the MOU boundaries, responsibilities. c) Work with the Property owners on Main Street to encourage the investment in the maintenance of the buildings. Look at the outdoor dining program. 8) Create an Economic Disaster Recovery Program a) Set up program for the Fire Department to contact the Office of Business Development, after a commercial fire that will cause the closure of a business. b) Staff will work with property owner and business tenant to develop a recovery plan and time schedule. c) The recovery plan may consist of incentives for the business re-opening by offering expedited plan review, delaying of fees or a payment plan for fees. d) Assist in temporary tenant relocation, if feasible. 9) Promote Sustainable Business Practices a) Promote the City’s Sustainable Business Certification through all available marketing channels. b) Work with the Investor Owned Utilities and Republic Services to promote their rebates, incentives, and services that help businesses reduce their operational costs. c) Continue to pursue grants that fund the certification of businesses. d) Work with CIELO to teach sustainable practices that enable businesses to save money. Entrepreneurship / Small Business Development Economic growth is increasingly tied to small business and start-ups. It is well documented that small businesses create most of the nation’s new jobs, employ more than half of the nation’s private sector workforce and more than half of the nation’s non- farm, private real gross domestic project. The City has approximately 8,850 businesses in the City; the leading industries in Huntington Beach are Manufacturing, Retail, Professional, Scientific, and Technical Services, and Health Care and Social Services. The interesting fact of Huntington Beach businesses is that 68% of the businesses have 1-4 employees. 1) Training/Education Opportunities a) Offer SCORE (Service Corps of Retire Executives)/SBA (Small Business Administration/Chamber workshops to Huntington Beach business owners at no cost or limited fee. HB -68-Item 8. - 13 9 b) Host small business forums with partners to educate aspiring and existing small business owners, provide network opportunities, and retain businesses. c) Conduct presentation at Chamber of Commerce meeting to inform business community of City resources. d) Support the creation of programs and events that develop student entrepreneurs e) Look at feasibility of developing “Pop-Up” program to incubate start-ups and decrease vacancy rate. 2) Retention, Expansion and Attraction a) Conduct business visitation program to businesses . b) Look at creating financing mechanism for small businesses such as local investors and/or crowd -funding mechanisms (in connection with RMDZ and other f unding sources) and work with local banks. c) Look to create a Small Business Assistance Revolving Loan Program. d) Highlight and advertise the City’s policy regarding purchasing from local vendors e) Host a home-based business forum. f) Provide business development resources to high-tech entrepreneurs (such as a manufacturing incubator). g) Provide financial and service incentives to upgrade vacant existing office buildings, such as utility and or fiber upgrades. Health Care and Biomedical Huntington Beach has a well established healthcare industry with Huntington Beach Hospital, Hoag Medical Center, Kaiser and Memorial Care facilities in town. Overall there are over 1,450 medical related establishments with over 8,200 jobs. Healthcare and biomedical research is a growing field and provides for high-paying jobs, and many supporting jobs such as retail medical suppliers, medical manufacturing and business and legal service providers that rely on our healthcare industry. The City should work towards exploring opportunities for the healthcare industry to thrive and help prepare prospective employees for careers in the field and encourage and facilitate additional private investment in the area. 1) Build upon and expand the local service health care facilities and biomedical research and manufacturing field a) Focus on attracting biotech, research and development or other medical facilities in the City. Especially those that can create Sales Tax. b) Explore what infrastructure and building facilities are needed to foster biotech research and development medical facilities. c) Support the development of office space to capture new jobs in medical information technology, health information and management. d) Work with Golden West College to focus on health care initiatives and expanding opportunities. HB -69-Item 8. - 14 10 Manufacturing On a national level, manufacturing in the US has increased along with productivity and wages; however the number of manufacturing jobs has declined due to increased modernization of the manufacturing field with computers and other leaner operation processes. As of 2016, Huntington Beach has over 435 businesses that state they are in the manufacturing establishment with over 6,100 jobs. Our top businesses in the manufacturing sector including Boeing, Zodiac/C& D Aerospace and LIFT by EnCore. These three top businesses are a magnet for numerous other manufacturing businesses. The City also has Cleveland Golf, and many skateboard manufactures. The City should investigate needed resources to encourage growth in this cluster. There are two primary industrial zones in the City, one in the Northwest area of the City (“Innovation Corridor”) and also along the Gothard Corridor. However, the need for infrastructure, such as fiber-optic connections, is critical to continue to maintain and grow the manufacture sector. The City should focus on how to provide the infrastructure and resources existing manufacturers need to compete in a global market. The expansion of research and development opportunities for emerging technologies needs to be harnessed. 1) Research infrastructure need for R & D manufacturers a) Create a high speed, reliable, affordable fiber-optic infrastructure plan and implement plan as funding is available. b) Review zoning to provide more flexibility for uses and expansion, while protecting housing and or non-industrial businesses such as gyms/entertainment uses from utilizing industrial space. c) Work with Planning and Public Works on alternatives to the parking issues within the areas. d) Proactively research emerging trends in high-tech manufacturing and focus City business development efforts on the emerging trends. 2) Create a Manufacturing Incubator a) Finalize research on incubator programs; recommend creation of a pilot program for a manufacturing incubator . b) In order to attract technology businesses, the City should work with entrepreneurs to incubate business ideas and concepts. Similar to the Los Angeles Incubator, the City should partner with the local educational community, Chamber of Commerce, and utility companies to create a space designated for businesses to foster ideas that businesses. There is unprecedented economic opportunity as the country and the State rebuilds its energy and transportation infrastructure. c) If approved, allocate seed money from the Commercial Façade Rehabilitation Program. d) Create a Request for Proposals (RFP) seeking a qualified firm to establish and operate the incubator . e) Apply for grants for the on-going operation , if successful. a) Work with innovative start-ups for inclusion in the incubator. HB -70-Item 8. - 15 11 3) Marketing of Manufacturing Area a) Design and publish manufacturing specific ads for industry publication . b) Attend manufacturing trade shows. c) Produce and maintain a manufacturing specific webpage. 4) Promote the Recycling Market Development Zone (RMDZ) a) Design and publish resources available from the State to promote the RMDZ. b) Attend Green Tech and Manufacturing Trade Shows to attract new businesses to the City and promote the benefits of the RMDZ. EVALUATION OF GOALS AND OBJECTIVES The Office of Business Development will provide quarterly update/status on the goals and objectives. As part of the update the goals and objectives may be changed/ amended, deleted and new goals added as needs arise. The goal is to have this Plan as a living document that will be used as a tool to evaluate progress over the next two years. The quarterly updates will be distributed to City Council, posted on the City’s website, and be part of the e-mail blast to the City’s business partners. A quarterly Economic Development Snapshot will be included in the update. The Snapshot will include the quarterly sales tax trends, new businesses, loss of businesses, unemployment rate comparisons and other relevant economic data. The Snapshot will be a chance for the community to look at the tax base, other revenue streams, employment, and leakage/diversification/demand of the retail tax base. MEMBERSHIP/TRAINING A key component of any Implementation Plan is the on-going training of City Council and staff in all City departments. Training ensures that staff is aware of new trends, emerging sectors, creative financing and other economic development information. A part of training includes membership in various economic development organizations. City Council Members will also be able to access the benefits and training opportunities offered through these organizations. The memberships will include the following organizations:  International Conference of Shopping Centers (ICSC) - ICSC provides regional and national training opportunities that are important to attend and promote Huntington Beach  International Economic Development Council (IEDC)  California Association of Local Economic Development (CALED)  Orange County Business Council (OCBC)  Association of California Cities, Orange County (ACC-OC) Membership in organizations that are active in the industry of development, economic development, and retail and entertainment aid in the economic growth of the City. HB -71-Item 8. - 16 12 Many of the developers and retailers with whom the City has worked with in the past were first introduced at these types of events.  Market/promote the City of Huntington Beach at conferences by exhibiting, meeting, and networking with the purpose of attracting quality development and businesses in the city.  Create a follow-up program and database of contacts from these attraction activities. FUNDING OF ECONOMIC DEVELOPMENT GOALS AND OBJECTIVES Funding is a function that is both internal and external to the organization. The City’s General Fund is relied upon for a large portion of funding for the Economic Development programs. It is prudent to research and be aware of outside funding sources. The City can seek grants to fund activities (such as incubators, etc), and assess unique and innovative financing alternatives to determine their applicability to Huntington Beach and if they warrant the use of City resources to pursue. 1. Annual Budget Allocation - During the annual budget process, adequate resources should be allocated to allow for the implementation of the economic development programs proposed to be implemented in the Implementation Plan for the year. 2. Redevelopment Property Tax Trust Fund ("RPTTF") Res idual- Another revenue source for economic development programs is the RPTTF Residual funds. The RPTTF is the money left over after the Successor Agency (the former Redevelopment Agency); this is the City's portion after it pays its enforceable obligations every six months. This amount varies from one six-month period to another depending on the enforceable obligations that need to be paid, as well as the amount of the distributions from the County Auditor-Controller. This source of funds represents a small piece of what used to go to the former Redevelopment Agency for economic development purposes. 3. Portion/Percentage of New Revenue - as the Economic Development Implementation Plan moves forward , new economic development projects may produce new revenue to the City. It may be practical to apply a portion of any new revenue generated by economic development projects to Economic Development programs. 4. Tax Sharing Agreements - Tax sharing agreements are a way to assist tax revenue generating uses with minimal impact to the City's general fund. This aids in business attraction, as well as the expansion and retention of existing businesses. HB -72-Item 8. - 17 13 MATRIX OF GOALS AND OBJECTIVES Goal Objective Timeframe Staff Performance Indicators Responsive and Effective Government Set up internal meetings with development staff Share information/ success and discuss streamlining processes Quarterly OBD Hold 4 trainings – start 3/1 Expand the Business Advocacy program Create brochure Create a flow charts for business owner on various permitting processes Develop Poster/Flier for 1st floor on Business Development services September 2017 September 2017 October 2017 OBD to counter staff OBD/Dept OBD Create and send out brochure, flow charts, install poster Develop Partnerships with Economic Development organizations Actively participate (attend meetings) Provide marketing materials/joint marketing Market incentives On-going On-going On-going OBD/CMO /CC Attend meetings – prepare monthly summary to Council on status Reestablish business visitation program - Business Link Establish meeting with focus businesses – retail sales/property tax/technology On-going OBD/CMO /CC Set up 10 to 12 visits/year Conduct Business Roundtables Based on Geographical area of City and business clusters 2 – 3 a year OBD/CMO /EDC Set up April 2017, goal is 2-3 a year Increase Use of Social Media Dissimulate information through e-blasts, process information, etc. On-going, minimum of quarterly e- blasts OBD/CRO Put one new article/ information up weekly Brokers Briefings Hold meetings to share information 3-4 times a year OBD 4 per year – scheduled 1/25/17 Tourism, Retail and Quality of Life Retain/Expand job base; pro- Create marketing materials On-going OBD/CRO 2 – 4 materials HB -73-Item 8. - 18 14 actively attract new businesses, industries, jobs and investment Attend ICSC and related conferences Compile information regarding capital Discuss Sales or other Tax Sharing Agreements May/as- needed By June 2017 On-going CC/OBD/ CMO OBD/ Chamber OBD/CMO sent out Attend 2 conferences Fact Sheet created TBD Shop Local Program Create and Market program August 2017 OBD/ Chamber Logo/ Marketing materials created Enhance tourism opportunities Identify new regional events, focused on the “off-season” Work with VHB on Way-finding Program Cross-promote activities/events Look at major sports tournaments/events W ork with VHB on eco-tourism October 2018 August 2017 January 2018 January 2018 March 2018 VHB/OBD VHB/OBD VHB/OBD/ CRO/CSD VHB/OBD/ CSD VHB/OBD 1 new event created in 2018 Installation starts Enhanced coordination 1 new sports tourney in 2018 On-going Increase filming Promote City at filming location conference Promote the filming that has occurred Huntington Beach listed as a Film Commission June 2017 June 2017 August 2018 OBD/VHB OBD OBD/VHB Attend conference Pictures on website Posted on State website Create a Pop-Up Program List of programs/uses for vacant storefronts List of local artists to install a decorative storefronts and/or create a window wrap concept Work with CDD and March 2018 March 2018 March 2018 OBD OBD/CSD OBD/CDD/ List created Art or Wrap installed on vacant storefront Streamlined HB -74-Item 8. - 19 15 Fire to review City regulations Fire regulations Enhance the Commercial Corridors Major commercial corridors meet with the businesses, provide City information Shopping Center Directory on City’s Business Development website July 2018 Jan/Feb 2018 OBD/CC/ CMO OBD Meetings/ business visits commenced Placement on web site Collaborate with the DBID Market Downtown area to community and tourist Expand the maintenance area by BID Work with the Property owners to encourage investment in maintenance July 2017 August 2017 June 2017 OBD/DBID PW/CMO/ DBID OBD/CMO E-mail blast sent out quarterly New MOU created Meeting held Economic Disaster Recovery Program Fire Dept informs OBD of closure of business Work with property owner/business to develop a recovery plan and time schedule Plan may consist of incentives for the business re-opening Assist in temporary tenant relocation, if feasible June 2017 As needed As needed If needed Fire/OBD OBD/Prop Owner/ Tenant OBD/ Finance/ CDD/PW/ Fire OBD List created Plan created Expedited plan review, delay/ payment plan TBD Sustainable Business Practices Market Sustainable Business Certification Work with Utilities to promote rebates/ incentives/services Pursue grants for certification On-going On-going On-going CMO/OBD CMO CMO Marketing material created Assist 3-5 businesses Apply for 1 grant HB -75-Item 8. - 20 16 Work with CIELO On-going CMO/OBD Teach class ENTREPRENEURSHIP/SMALL BUSINESSES DEVELOPMENT Training/ Education Opportunities Offer SCORE/SBA/ Chamber workshops Host small business forums/ provide network opportunities, and retain businesses Present at Chamber City resources Support the creation of programs/events to develop student entrepreneurs Look at developing “Pop-Up” spaces September 2017 On-going August 2017 January 2018 See above OBD/SBA/ SCORE/ Chamber OBD/CC/ Chamber OBD/CC/ CMO OBD/ Chamber See above Conduct 2 workshops Host 2 forums Present at Chamber Create 1 program/ event See above Retention, Expansion and Attraction Conduct business visitation program Creat e financing mechanism Create a Small Business Assistance Revolving Loan Program Advertise City’s local vendors purchasing Host a home-based business forum Provide business development resources Provide financial and service incentives to upgrade vacant existing office buildings June 2017 October 2017 October 2017 June 2017 July 2017 October 2017 October 2017 OBD/CC/ CMO OBD/CMO /Finance OBD/CMO /Finance OBD/ Finance OBD/ Chamber OBD/CMO /Finance OBD/CMO /Finance Conduct 10 a year Develop program Develop program Create advertise- ment Hold forum Create list Create program HB -76-Item 8. - 21 17 Technology and Innovation Hub/Incubator W ork with entrepreneurs to incubate business ideas and concepts - create a space to foster ideas October 2017 CMO/ Education/ Chamber/ Utilities Apply for Grant HEALTHCARE AND BIOMEDICAL Expand local service health care facilities and biomedical research and manufacturing Focus on attracting biotech, research and development or other medical facilities in the City – look at trends Support development of office space for medical IT, health information and management Work with Golden West College to focus on health care initiatives and expanding opportunities November 2017 November 2017 January 2018 OBD OBD OBD/ Golden West College Send out targeted marketing piece Offer Business Advocate services Set up meeting with GWC MANUFACTURING Research Infrastructure need for R & D manufactures Create high speed, reliable, affordable fiber- optic infrastructure plan Review zoning to provide more flexibility for uses and expansion Review parking options Proactively research emerging trends in high- tech manufacturing June 2017 July 2017 On-going On-going CMO OBD/CDD OBD/CDD/ PW OBD Develop plan Look at options Consider options On-going Release an Request for Proposals for a Manufacturing Incubator Finalize Research/recommend program Create RFP for establishment Find a location Apply for grants for the on-going operation October 2017 October 2017 November 2017 January 2018 OBD/ CC OBD/CMO OBD CMO Program decision RFP released Space rented Grant submitted HB -77-Item 8. - 22 18 Work with innovative start-ups for inclusion in the Incubator January 2018 OBD/CMO Tenants signed Marketing of Manufacturing Area Manufacturing specific ads for industry publication Attend manufacturing trade shows Produce and maintain a manufacturing specific webpage Market the RMDZ Zone to existing businesses and use as a business attraction August 2017 As needed August 2017 On-going OBD OBD OBD OBD/ ATCM Look for best publications Look for conferences Website created Market program HB -78-Item 8. - 23 Dept. ID CS 17-008 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: Per City Council direction at the March 20, 2017, City Council meeting, the Community Services Commission reviewed and is, therefore, requesting City Council approval for the naming of the Huntington Central Park Concert Bandstand in honor of long time Music Director, Thomas Ridley, of the Huntington Beach Concert Band. Financial Impact: Not applicable Recommended Action: Approve the recommendation from the Community Services Commission to officially name the Huntington Central Park Concert Bandstand the “Thomas Ridley Central Park Concert Bandstand” and approve the installation of a naming plaque. Alternative Action(s): Do not approve the Community Services Commission recommended action and direct staff accordingly. Analysis: At the March 20, 2017, City Council meeting, Council Member Brenden submitted an item requesting that consideration be given to name the Central Park Concert Bandstand in honor of long-time Huntington Beach Concert Band Music Director, Thomas Ridley (Attachment 1). City Council approved the recommended action, which was to refer the issue to the Community Services Commission for review and recommendation. Thomas Ridley has been the music director of the Huntington Beach Concert Band (HBCB) since 1977. Mr. Ridley has been a major part of the success of the HBCB and the Summer Concert Series in Huntington Central Park. Under his leadership, HBCB and the Concert Series have continued to flourish – even through difficult economic challenges. The Summer Concert Series was discontinued in the early 2000’s due to budget constraints, but, due to Mr. Ridley’s commitment, the program was reinstated and has continued to be a highly attended and respected community event. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve the naming recommendation from the Community Services Commission of the Huntington Central Park concert bandstand in honor of Thomas Ridley and approve the installation of a naming plaque HB -79-Item 9. - 1 Dept. ID CS 17-008 Page 2 of 2 Meeting Date: 6/5/2017 In addition to being the HBCB music director, Mr. Ridley also served and performed in the 72nd US Army Band. He was the band director at Miraleste High School in Palos Verdes and at Canyon High School in Anaheim Hills. He received a BA and MA in music from California State University, Long Beach, and has served as Vice Principal of Norte Vista High School in Riverside. At the May 10, 2017, Community Services Commission meeting, (Attachment 2) the Commission reviewed the information presented by staff. (Attachment 3) Per Resolution 2004-90, the naming of parks and park amenities is vetted through the Community Services Commission. At that meeting, the Community Services Commission recommended approval of the naming of the Central Park Concert Bandstand in honor of Mr. Ridley and gave direction for this item to be presented to the City Council for approval. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1) City Council Member Brenden Item for March 20, 2107, City Council meeting 2) Community Services Commission May 10, 2017, Report 3) Community Services Commission PowerPoint presentation HB -80-Item 9. - 2 CITY OF HUNTINGTON BEACH City Council Interoffice Communication G-1-3 To: Honorable Mayor and City Council Members From: Patrick Brenden, Council Member Date: March 20, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR MARCH 20, 2017, CITY COUNCIL MEETING – NAMING OF THE BANDSTAND IN CENTRAL PARK STATEMENT OF ISSUE: Because of his dedication to the Huntington Beach Concert Band and to the Huntington Beach Community, it is my recommendation that the Bandstand in Central Park be named for Tom Ridley. When City funding for the Huntington Beach Concert Band and Summer Concert Series was discontinued during the early 2000’s recession, the Huntington Beach Concert Band members joined together, under the leadership of Tom Ridley, to save the Band and to grow the Concerts in the Park series. Since that time, the community programs have flourished. Tom Ridley, has been music director of the Huntington Beach Concert Band since 1977. In addition to serving the Huntington Beach Community, Mr. Ridley has an array of impressive accomplishments. He has received his BA and MA in music from California State University, Long Beach and proudly served and performed in the 72nd US Army band for three years. He was band director at Miraleste High School in Palos Verdes and in Canyon High School in Anaheim Hills. He later on served as Vice Principal of Norte Vista High School in Riverside. Per Resolution 2004-90, the naming of parks and park features must have the concurrence of the Community Services Commission and City Council. I am therefore recommending that the official naming of the bandstand be referred to the Community Services Commission and brought back to City Council for recommendation. RECOMMENDED ACTION: The task of the official naming the Bandstand at Central Park for Tom Ridley be referred to the Community Services Commission for appropriate research, review and recommendation to the full City Council. Xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanislau, City Clerk Janeen Laudenback, Director of Community Services HB -81-Item 9. - 3 G-1-1 CITY OF HUNTINGTON BEACH COMMUNITY SERVICES COMMISSION REQUEST FOR ACTION MEETING DATE: May 10, 2017 SUBMITTED TO: COMMUNITY SERVICES COMMISSION SUBMITTED BY: JANEEN LAUDENBACK, COMMUNITY SERVICES DIRECTOR PREPARED BY: DAVID C. DOMINGUEZ, FACILITIES, DEVELOPMENT AND CONCESSIONS MANAGER SUBJECT: NAMING OF THE HUNTINGTON CENTRAL PARK CONCERT BANDSTAND IN HONOR OF THOMAS RIDLEY Statement of Issue: Per City Council direction, the Community Services Commission is being asked to consider naming the Central Park Concert Bandstand in honor of long time Music Director, Thomas Ridley, of the Huntington Beach Concert Band. Funding Source: N/A Recommended Action(s): Make recommendation to City Council to officially name the Central Park Concert Bandstand the “Thomas Ridley Central Park Concert Bandstand” and approve the installation of a naming plaque. Alternative Action: Do not approve the recommended action and refer the naming of the Central Park Concert Bandstand to the Park Naming and Memorials Committee for further review. Analysis: At the March 20, 2017 City Council meeting, Council Member Patrick Brenden submitted an item requesting that consideration be given to name the Central Park Concert Bandstand in honor of Huntington Beach Concert Band Music Director, Thomas Ridley. (Attachment 1) Commission approved the recommended action, which was to refer the issue to the Community Services Commission for review and recommendation. Thomas Ridley has been the music director of the Huntington Beach Concert Band (HBCB) since 1977. Mr. Ridley has been a major part of the success of the HBCB and the Summer Concert Series in Central Park. Under his leadership, HBCB and the Concert Series have continued to flourish – even through difficult economic challenges. The Summer Concert Series was discontinued in the early 2000’s due to budget constraints but, due to Mr. Ridley’s commitment the program was reinstated and has continued to be a highly attended and respected community event. HB -82-Item 9. - 4 G-1-2 In addition to being the HBCB music director, Mr. Ridley also served and performed in the 72nd US Army Band. He was the band director at Miraleste High School in Palos Verdes and at Canyon High School in Anaheim Hills. He received a BA and MA in music from California State University, Long Beach and has served as Vice Principal of Norte Vista High School in Riverside. Per Resolution 2004-90, the naming of parks and park amenities is vetted through the Community Services Commission. Therefore, Staff is recommending approval for the naming of the Central Park Concert Bandstand in honor of Mr. Ridley to the City Council. Environmental Status: N/A Attachment(s): No. Description 1. City Council Member Brenden Item for March 20, 2017 CC Mtg. 2. HCP Concert Bandstand Naming Recognition Presentation RCA Author: David C. Dominguez HB -83-Item 9. - 5 Huntington Central Park Bandstand May 10, 2017 G-1-4 HB -84-Item 9. - 6 Huntington Central Park East – Bandstand G-1--5 HB -85-Item 9. - 7 Huntington Central Park East – Bandstand G-1-6 HB -86-Item 9. - 8 G-1-7 HB -87-Item 9. - 9 G-1-8 HB -88-Item 9. - 10 G-1-9 HB -89-Item 9. - 11 Recommended Action • Make recommendation to City Council to officially name the Central Park Concert Bandstand the “Thomas Ridley Central Park Concert Bandstand ” and approve the installation of a naming plaque. G-1-10 HB -90-Item 9. - 12 Dept. ID AD-17-018 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: On May 24, 2017, the Intergovernmental Relations Committee met to discuss Federal and State legislation. At this meeting, members recommended a “oppose” position on Assembly Bill 1479 (Bonta), and continued discussions about the potential ramifications of SB 35 (Wiener). Additionally, the Committee voted to contribute $5,000 to the Orange County Drowning Prevention Task Force. This action requests City Council authorization for the Mayor to sign a City position letter on AB 1479 and formally support the Orange County Task Force on Drowning Prevention and authorize a $5,000 contribution to same. Financial Impact: The County of Orange through its Health Care Agency (HCA), is committing up to $150,000 in matching funds and the Orange County Fire Authority and the City of Irvine have contributed $25,000 towards the 2017 Campaign. It is recommended that the City support the “Orange County Task Force on Drowning Prevention” with a $5,000 contribution. Funds are available in the City Administration Budget (Account No. 10030101). Recommended Action: A) Approve a City position of Oppose on Assembly Bill 1479 (Bonta) – Public Records: Custodian of Records; and, B) Authorize a $5,000 contribution in support of the “Orange County Task Force on Drowning Prevention.” Alternative Action(s): Do not approve the recommended actions and direct staff accordingly. Analysis: On Wednesday, May 24, 2017, the Intergovernmental Relations Committee met to discuss pending Federal and State legislation. The Committee reviewed the 2017 State Legislative Matrix provided by the City’s State Advocate, Townsend Public Affairs (TPA). The Committee members chose to take the following position on pending legislation. Oppose –AB 1479 (Bonta) – Public Records: Custodian of Records CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Fred A. Wilson, City Manager SUBJECT: Approve City Council position on legislation pending before the State Legislature as recommended by the City Council Intergovernmental Relations Committee (IRC) and authorize $5,000 contribution in support of the “Orange County Task Force on Drowning Prevention” HB -91-Item 10. - 1 Dept. ID AD-17-018 Page 2 of 2 Meeting Date: 6/5/2017 Under the existing law, the California Public Records Act requires a public agency to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. This bill would require public agencies to designate a person or office to act as the agency’s custodian of records who is responsible for responding to any request made pursuant to the California Public Records Act and any inquiry from the public about City records. The City Clerks Association of California has also taken an oppose position (see attached letter). This Assembly Bill places a substantial burden on local agencies by adding onerous, costly and unnecessary requirements in processing California Public Records Act requests. This bill would mandate that every local agency assign a “Supervisor of Record” to review each public records act denial prior to the final determination being issued. Additionally, the measure establishes new and costly punitive damages assessed to agencies above and beyond plaintiffs’ attorney fees established in current law. The Intergovernmental Relations Committee approved an “oppose” position on AB 1479. The Committee also discussed SB 35 (Wiener). The City had previously taken an “oppose” position on this Bill, but requested a detailed update from Townsend Public Affairs on the status of the bill. This bill has passed and, as of May 30, 2017, had been moved to the Senate floor. In certain cases, SB 35 would require land use decision making processes be circumvented in order to streamline affordable housing projects. Making major development decisions without the public’s input. This bill would pre-empt local discretionary land use authority by making approvals of multi-family developments and accessory dwelling units (ADUs) that meet inadequate criteria. Townsend Public Affairs confirmed that this bill does indeed apply to Charter Cities. In addition to pending legislation, the Committee discussed supporting the “Orange County Task Force on Drowning Prevention.” The Task Force is launching, for the second year, a countywide media campaign that will focus on awareness building with a primary focus on swimming pool/spa safety. In 2016, there were more than 100 drowning-related incidents in Orange County and more than 40 fatalities. The vast majority of drowning victims are children up to four years old and adults 50 years and older. The primary message will focus on not swimming alone, which includes ensuring proper supervision of young children. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. AB 1479 (Bonta) – Public Records: Custodian Records 2. Letter of Opposition from the City Clerks Association of California 3. April 2017 Letter in Opposition to SB 35 4. Letter from Orange County Task Force on Drowning Prevention HB -92-Item 10. - 2 AMENDED IN ASSEMBLY APRIL 27, 2017 AMENDED IN ASSEMBLY MARCH 21, 2017 california legislature—2017–18 regular session ASSEMBLY BILL No. 1479 Introduced by Assembly Member Bonta (Coauthor: Assembly Member Cristina Garcia) February 17, 2017 An act to amend Sections 6255 and 6259 of the Government Code, relating to public records. legislative counsel’s digest AB 1479, as amended, Bonta. Public records: supervisor custodian of records: fines. civil penalties. Existing law, the California Public Records Act, requires a public agency, defined to mean any state or local agency, to make its public records available for public inspection and to make copies available upon request and payment of a fee, unless the public records are exempt from disclosure. Existing law requires an agency to justify withholding a record from disclosure by demonstrating either that the record in question is exempt under express provisions of law or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record. Existing law requires specified state and local agencies to establish written guidelines for accessibility of records. Existing law authorizes a person to institute proceedings for injunctive or declarative relief or writ of mandate in any court of competent jurisdiction to enforce his or her right to inspect or to receive a copy of any public record or class of public records under these provisions. 97 HB -93-Item 10. - 3 This bill would require public agencies to identify a supervisor designate a person or office to act as the agency’s custodian of records who shall review a determination by the agency that a request for records is denied. is responsible for responding to any request made pursuant to the California Public Records Act and any inquiry from the public about a decision by the agency to deny a request for records. The bill also would make other conforming changes. Because the bill would require local agencies to perform additional duties, the bill would impose a state-mandated local program. The bill would also authorize a court that finds that an agency or the custodian improperly withheld public records from a member of the public without justification, failed to furnish a properly requested record or a portion thereof in a timely manner, public, public records which were clearly subject to public disclosure, unreasonably delayed providing the contents of a record subject to disclosure in whole or in part, assessed an unreasonable or unauthorized fee upon a requester, or otherwise did not act in good faith to comply with these provisions, to assess punitive damages a civil penalty against the agency in an amount not less than $1,000, nor more than $5,000, that shall be deposited into the Public Records Assistance Fund, which is created by the bill. $5,000. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. The California Constitution requires local agencies, for the purpose of ensuring public access to the meetings of public bodies and the writings of public officials and agencies, to comply with a statutory enactment that amends or enacts laws relating to public records or open meetings and contains findings demonstrating that the enactment furthers the constitutional requirements relating to this purpose. 97 — 2 —AB 1479 HB -94-Item 10. - 4 This bill would make legislative findings to that effect. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 6255 of the Government Code is amended line 2 to read: line 3 6255. (a)  The agency shall justify withholding any record by line 4 demonstrating that the record in question is exempt under express line 5 provisions of this chapter or that on the facts of the particular case line 6 the public interest served by not disclosing the record clearly line 7 outweighs the public interest served by disclosure of the record. line 8 (b)  A response to a written request for inspection or copies of line 9 public records that includes a determination that the request is line 10 denied, in whole or in part, shall be in writing. line 11 (c)  Each agency shall identify a supervisor designate a person line 12 or office to act as the agency’s custodian of records who shall line 13 review a determination is responsible for responding to any request line 14 made pursuant to this chapter and any inquiry from the public line 15 about a decision by the agency that to deny a request for records line 16 is denied. records. line 17 SEC. 2. Section 6259 of the Government Code is amended to line 18 read: line 19 6259. (a)  Whenever it is made to appear by verified petition line 20 to the superior court of the county where the records or some part line 21 thereof are situated that certain public records are being improperly line 22 withheld from a member of the public, the court shall order the line 23 supervisor custodian of records or person charged with withholding line 24 the records to disclose the public record or show cause why he or line 25 she should not do so. The court shall decide the case after line 26 examining the record in camera, if permitted by subdivision (b) line 27 of Section 915 of the Evidence Code, papers filed by the parties line 28 and any oral argument and additional evidence as the court may line 29 allow. line 30 (b)  If the court finds that the supervisor custodian of records’ line 31 or other public official’s decision to refuse disclosure is not line 32 justified under Section 6254 or 6255, he or she shall order the line 33 supervisor custodian of records or public official to make the record line 34 public. If the judge determines that the supervisor custodian of 97 AB 1479— 3 — HB -95-Item 10. - 5 line 1 records or other public official was justified in refusing to make line 2 the record public, he or she shall return the item to the supervisor line 3 custodian of records or other public official without disclosing its line 4 content with an order supporting the decision refusing disclosure. line 5 (c)  In an action filed on or after January 1, 1991, an order of line 6 the court, either directing disclosure by a public official or line 7 supporting the decision of the supervisor custodian of records or line 8 other public official refusing disclosure, is not a final judgment or line 9 order within the meaning of Section 904.1 of the Code of Civil line 10 Procedure from which an appeal may be taken, but shall be line 11 immediately reviewable by petition to the appellate court for the line 12 issuance of an extraordinary writ. Upon entry of any order pursuant line 13 to this section, a party shall, in order to obtain review of the order, line 14 file a petition within 20 days after service upon him or her of a line 15 written notice of entry of the order, or within a further time not line 16 exceeding an additional 20 days as the trial court may for good line 17 cause allow. If the notice is served by mail, the period within which line 18 to file the petition shall be increased by five days. A stay of an line 19 order or judgment shall not be granted unless the petitioning party line 20 demonstrates it will otherwise sustain irreparable damage and line 21 probable success on the merits. Any person who fails to obey the line 22 order of the court shall be cited to show cause why he or she is not line 23 in contempt of court. line 24 (d)  (1)  The court shall award court costs and reasonable attorney line 25 fees to the plaintiff should the plaintiff prevail in litigation filed line 26 pursuant to this section. The costs and fees shall be paid by the line 27 public agency of which the supervisors custodian of records or line 28 public official is a member or employee and shall not become a line 29 personal liability of the supervisor custodian of records or public line 30 official. line 31 (2)  If the court finds that the plaintiff ’s case is clearly frivolous, line 32 it shall award court costs and reasonable attorney fees to the public line 33 agency. line 34 (3)  If a court finds that an agency or the supervisor custodian line 35 of records or other public official of an agency improperly withheld line 36 a public record from a member of the public without justification, line 37 failed to furnish a properly requested record or a portion thereof line 38 in a timely manner, that was clearly subject to public disclosure, line 39 unreasonably delayed providing the contents of a record subject line 40 to disclosure in whole or in part, assessed an unreasonable or 97 — 4 —AB 1479 HB -96-Item 10. - 6 line 1 unauthorized fee upon a requester, or otherwise did not act in good line 2 faith to comply with this chapter, the court may assess punitive line 3 damages a civil penalty against the agency in an amount not less line 4 than one thousand dollars ($1,000) nor more than five thousand line 5 dollars ($5,000) that shall be deposited into the Public Records line 6 Assistance Fund, which is hereby established in the state treasury. line 7 ($5,000). line 8 SEC. 3. If the Commission on State Mandates determines that line 9 this act contains costs mandated by the state, reimbursement to line 10 local agencies and school districts for those costs shall be made line 11 pursuant to Part 7 (commencing with Section 17500) of Division line 12 4 of Title 2 of the Government Code. line 13 SEC. 3. No reimbursement is required by this act pursuant to line 14 Section 6 of Article XIII B of the California Constitution because line 15 the only costs that may be incurred by a local agency or school line 16 district under this act would result from a legislative mandate that line 17 is within the scope of paragraph (7) of subdivision (b) of Section line 18 3 of Article I of the California Constitution. line 19 SEC. 4. The Legislature finds and declares that Sections 1 and line 20 2 of this act, which amend Sections 6255 and 6259 of the line 21 Government Code, respectively, further, within the meaning of line 22 paragraph (7) of subdivision (b) of Section 3 of Article I of the line 23 California Constitution, the purposes of that constitutional section line 24 as it relates to the right of public access to the meetings of local line 25 public bodies or the writings of local public officials and local line 26 agencies. Pursuant to paragraph (7) of subdivision (b) of Section line 27 3 of Article I of the California Constitution, the Legislature makes line 28 the following findings: line 29 By requiring local agencies to designate custodians of records line 30 responsible for responding to requests and inquiries under the line 31 California Public Records Act, this act furthers the public’s access line 32 to public records. O 97 AB 1479— 5 — HB -97-Item 10. - 7 =EMI MEM 41 . H I 1MMnIMn ▪ I .n1/n•n•• ▪ W jar gm TJnI. L!inni. CITY CLERKS ASSOCIATION OF CALIFORNIA 1nNk, 1nL .n16. April 28, 2017 Honorable Rob Bonta California State Assembly State Capitol Building, Room 2148 Sacramento, California 95814 Via Electronic Mail SUBJECT: AB 1479 (Bonta). Public Records: Supervisor of Records: Fines NOTICE OF OPPOSITION (As Amended 03/21/17) Dear Assembly Member Bonta: The City Clerks Association of California must respectfully oppose Assembly Bill (AB) 1479 which places substantial burdens on local agencies by adding onerous, costly and unnecessary requirements in processing California Public Records Act (CPRA) requests. AB 1479 would mandate that every local agency assign a "Supervisor of Record" to review each public records act denial prior to the final determination being issued. Additionally, the measure establishes new and costly punitive damages assessed to agencies above and beyond plaintiffs' attorney fees established in current law. Local agencies strive to comply with the strict guidelines inherent with the CPRA; this measure runs counter to that intent. AB 1479 would cause further delays in processing requests by creating an additional step in the process whereby every request denial would have to be reviewed by the Supervisor of Record before a final determination from the agency can be issued. City Clerks and City Attorneys already work closely together to review records requests and exemptions and/or denials are carefully scrutinized. It is always our intent to ensure information remains widely accessible to the public whenever legally possible. Local agencies have seen a significant spike in CPRA request in recent years. This measure fails to take into account that many of these requests are often made from requesters and/or private entities who reside outside of our jurisdictional boundaries. Moreover, these serial filers make incredibly complex data requests which are then repackaged and sold. Due to the increased volume of such requests, many agencies large and small have already had to hire additional staff dedicated solely to review documents in association with CPRA requests. AB 1479 also creates increased litigation for local agencies under the CPRA. A requester can file suit on the day after responsive records are due which could be as early as eleven days after the request if there has been no extension of time. Once a suit is filed, generous attorneys' fees established in current law may still be awarded under the "catalyst" theory even if the .g=1= - HB -98-Item 10. - 8 AB 1479 - Notice of Opposition April 28, 2017 Page 2 agency discloses the requested records after the litigation has commenced. Adding the additional punitive damages awards as high as $5,000 per violation will lead to a litany of satellite litigation given the grounds for punitive damages are so vast. Local agencies already potentially face significant liability exposure each time a request is denied due to the potential award of attorneys' fees. For these reasons, the California City Clerk Association respectfully opposes AB 1479. Rarrffi-Jerr,-JD, MMC Legislative Director C. CCAC Legislative Committee / Board of Directors League of California Cities Alison Merrilees, Chief Counsel, Assembly Judiciary Committee Paul Dress, Consultant, Republican Caucus HB -99-Item 10. - 9 City of Huntington Beach 2000 MAIN STREET CALIFORNIA 92648 Barbara Delgleize Mayor April 4, 2017 The Honorable Scott Wiener California State Senate State Capitol, Room 4066 Sacramento, California 95814 Subject: Oppose SB 35 — Planning and zoning: affordable housing: streamlined approval process Dear Senator Wiener: On behalf of the City of Huntington Beach, I am writing to express our respectful opposition for Senate Bill 35 (SB 35), which would pre-empt local discretionary land use authority by making approvals of multifamily developments and accessory dwelling units (ADUs) that meet inadequate criteria. In certain cases, SB 35 would require land use decision making processes be circumvented in order to streamline affordable housing projects. Making major development decisions without the public's input is a poor way to represent our constituents. The City of Huntington Beach prides itself on local government transparency and opposes any attempt by the State or other entities to impose unreasonable mandates that prevent us from thoroughly reviewing every development project in our City. SB 35 claims it will spur the development of affordable housing projects and make sure that all communities are equally contributing to regional housing needs. The problem lies with affordable housing funding, not with a city's want to develop affordable housing. This bill does not provide cities with a dedicated and sustainable funding source for affordable housing projects and therefore does not address the problem. For these reasons, the City Council of the City of Huntington Beach voted to oppose SB 35. Barbara Delgleize, Mayor City of Huntington Beach CC: Assembly Member Matthew Harper Assembly Member Travis Allen Senator John Moorlach Senator Janet Nguyen Manly, Australia TELEPHONE (714) 536 -5553 Anjo, Japan FAX (714) 536-5233 HB -100-Item 10. - 10 ORANGE COUNTY TASK FORCE ON DROWNING PREVENTION April 14, 2017 The Honorable Barbara Delgieize City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 , Dear Mayor Delgieize: On behalf of the Orange County Task Force on Drowning Prevention, we are writing to ask for your support in 2017 with a donation of $5,000. In 2016, we raised $225,000 to target, in both English and Spanish, parents and caregivers of young children and adults over 50. Last year, the task force funded OCTA bus advertisements, posters, direct mail to public pool operators, digital ads, and radio spots that resulted in over 35 million impressions. However, last year there were still more than 100 drowning-related incidents in Orange County and more than 40 fatalities. The vast majority of drowning victims are children up to four years old and adults 50 years and older. We believe that these injuries and deaths are preventable. Last year's fundraising led to focus groups that facilitated input to assist us in the development of consistent messaging. That messaging was shared across the county with local agencies, swim schools, health providers, and non-profits that were united in preventing drownings. It is our goal to have every city in Orange County participate with us in this important effort. Last year, the cities listed on the left all contributed the requested $5,000, with Irvine and Orange County Fire Authority contributing $25,000. The Health Care Agency has agreed to match contributions up to $150,000. OCFA will contribute $25,000 towards that in 2017. We need your help to secure enough funding to have a successful drowning prevention campaign for the entire swim season of 2017. Please join us and become a partner in reducing drowning incidents by making a contribution of $5,000 or more if you're able. Thank you in advance for your generosity and your contribution. We look forward to updating you on our progress. Together, we will make a difference and save lives. Sincerely, CHAIR Rob Williams Chief Lifeguard Newport Beach Fire Departmen VICE CHAIR - Julie Lopiccolo Jasper Ray Foundation SECRETARY ,Alexa Pratt Fire Community Relations Education Specialist Orange County Fire Authority PAST CHAlR Al Murray Mayor Pro-Tem City of Tustin CONIMITic: DATA AND STATISTICS Amy Buch Division Manager OC Health Care Agency FiNANCE Jeff Bowman Fire Chief Orange County Fire Authority PUBLIC SAFE FY OUTREACH Todd Spitzer Orange County Supervisor Third District 2016 CON TRIBUTORS Buena Park Dana Point Huntington Beach Irvine Laguna Hills Lake Forest Mission Viejo Newport Beach Orange County Fire Authority Seal Beach Tustin Yorba Linda Jeff Bowman Todd Spitzer Al Murray OCFA Orange County Supervisor City of Tustin Fire Chief Third District Mayor Pro Tern HB -101-Item 10. - 11 Dept. ID PW 17-028 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: A new seasonal shuttle service is being funded with an OCTA transit grant with local participation funds from the City and Visit HB. The project was added to the City’s 2016/17 Capital Improvement Program earlier this year and a formal proposal process has resulted in a staff recommendation to award the contract and begin services. Financial Impact: The project is already included in the City’s current Capital Improvement Program and recommended for on-going funding in the next fiscal year. City matching funds for the project are expected to be less than $25,000 per year and are budgeted in Air Quality Management District account 20185201.82800. Additional funding through an OCTA grant of $151,812 is available in Project V Grant Fund account 124390101.69505. Recommended Action: Authorize the Mayor and City Clerk to execute a two-year “Shuttle Services Agreement” with two (2) one-year options for renewal to Transportation Concepts to provide all shuttle services in an amount not to exceed $380,000. Alternative Action(s): Reject proposals and not award the contract, and forego any funding for the program through OCTA Analysis: The City applied for and was awarded funding for a local transit service in 2016. At the February 6, 2017, meeting of the City Council, the City authorized execution of a cooperative agreement with OCTA, amended the Capital Improvement Program providing a commitment to develop and provide the free local transit service with approximately 90 percent of funding being provided through OCTA. The local transit service will be a free, seasonal service connecting some key inland locations in the City with the downtown, beach and coastal uses. A diagram of the route concept is provided in Attachment 2. Following authorization from the City Council in February, staff developed and circulated a request for proposals from qualified transit service providers. The process was administered through the City’s Purchasing Division. Two proposals were received and reviewed for compliance with the CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 a two-year Local Shuttle Service Contract with Transportation Concepts in an amount not-to-exceed $380,000 to provide free, seasonal shuttle service between various city destinations HB -102-Item 11. - 1 Dept. ID PW 17-028 Page 2 of 2 Meeting Date: 6/5/2017 project requirements and ability to provide the desired services. The proposal from Transportation Concepts was determined to be the best submittal and includes service costs that are within the funding parameters dictated by the grant. Transportation Concepts did not submit the lowest cost for services. The first year hourly rate for service (inclusive of all operating and maintenance costs) is $79.95 per hour for Transportation Concepts. The other proposer, Metropolitan Shuttle, submitted a cost proposal with a first year hourly rate of $75 per hour. However, the proposal from Transportation Concepts provided a far more comprehensive review of services to be provided and included the additional service of GPS bus locating for patrons and the purchase of a new 2017 shuttle for the service. The City and Visit HB have both had excellent first hand working experiences with Transportation Concepts in providing other special event shuttle services. In future years, the services are programmed to begin on weekends starting in April with daily services beginning after Memorial Day and extending through Labor Day. Weekend services will then continue through the end of September each year. Due to the timing of getting these services secured in the first year, we anticipate beginning services just before the Fourth of July weekend this year. Total contract costs are estimated to not exceed $380,000 with actual costs being paid per hour of service provided. This includes the initial two-year term and the maximum of two additional one- year extensions, and accounts for the shortened first year. Staff will review the services provided, budget and financial viability of the program each year. If any significant modifications are made to the service requiring a review of the total contract costs, staff will return to the City Council with recommendations. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Shuttle Service Agreement 2. Local Transit Circulator Route diagram HB -103-Item 11. - 2 SHUTTLE SERVICES AGREEMENT THIS AGREEMENT, made and entered into this 5th day of June, 2017 by and between the City of Huntington Beach, a charter city and municipal corporation of the State of California (hereinafter "City") and Parking Concepts, Inc., a California corporation (hereinafter "Contractor"). RECITALS A. The City desires to provide shuttle services for visitors to the city's downtown; and B. City desires to retain a Contractor having special skill and knowledge in the operation of shuttle services; and C. Contractor represents that Contractor is able and willing to provide such services to the City; and D. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor will provide shuttle services as identified in Exhibit A-Scope of Services, which is attached hereto and incorporated by this reference. 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services rendered under this Agreement, a sum not to exceed Three Hundred Eighty Thousand Dollars ($380,000.00) during the term of this Agreement. b. Contractor may submit biweekly invoices but must submit documentation, such as driver's log, showing the actual times and hours worked by the shuttle drivers and hours of actual operation. c. Payment by City shall be made within thirty (30) days following receipt of proper invoice evidencing work performed, subject to City accounting procedures. Payment need not be made for work which fails to meet the 17-5737.0011158995/DO 1 HB -104-Item 11. - 3 standards of performance set forth in the Recitals which may reasonably be expected by City. d. If the City elects to extend the term, the Contractor will be allowed annual contract adjustments in years two and three. Contract adjustments shall be equivalent to the lower of 3.5 percent or the year-to-year percentage change of the Los Angeles-Riverside-Orange County Consumer Price Index for all Urban Consumers (CPI-U'). Annual adjustments will go into effect on the eve of each contract anniversary date. 3. TERM This Agreement shall commence on June 5, 2017 and terminate October 1, 2018, unless terminated earlier in accordance with Section 12, below. The Agreement may be extended for two (2) one-year periods by written consent of the parties. The City shall notify the Contractor of its intent to exercise its extension option by September 1 of each subsequent year. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer-employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE a, Workers' Compensation and Employer's Liability Insurance. Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; Contractor covenants that it will comply with such provisions prior to commencing perfoimance of the work hereunder. Workers' compensation shall be as required by the State of California (Statutory Limits) and Employer's Liability Insurance with a limit of not less than one million dollars ($1,000,000) per accident for bodily injury or disease. 17-5737.001/158995/D0 2 HB -105-Item 11. - 4 Contractor shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. Contractor shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and Contractor shall similarly require all subcontractors to waive subrogation. b. General Liability Insurance. In addition to the workers' compensation and employer's liability insurance and Contractor's covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the Project/Service, and shall 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 Ten Million Dollars ($10,000,000) per occurrence and in the aggregate. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than Ten Million Dollars ($10,000,000) for this Project/Service. This policy shall name City, its officers, elected and appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds and shall specifically provide that any other insurance coverage which may be applicable to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be primary and non-contributing with any other valid and collectible insurance or self-insurance available for the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to Contractor shall also be available to the Additionally Insured Parties. If the Contractor maintains higher limits than the minimum requirement, the City requires and shall be entitled to coverage for the higher limits maintained by the Contractor. Under no circumstances shall above-mentioned insurance contain a self- insured retention, or a "deductible" or any other similar form of limitation on the required coverage. Contractors shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required by Contractor by this Agreement. c. Automotive Liability Coverage. The Contractor shall maintain automotive liability insurance covering bodily injury and property damage for all activities of the Contractor arising out of or in connection with the work to be performed under this Agreement, including coverage for 17-5737.001/158995/DO 3 HB -106-Item 11. - 5 owned, hired, and non-owned vehicles, in an amount not less than ten million dollars ($10,000,000) combined single limit for each occurrence and in the aggregate. There shall be a separate "additional insured endorsement" page listing both the policy number and naming the "City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers" as additional insured on the endorsement. d. Certificates of Insurance; Additional Insured Endorsements. Prior to commencing performance of the work hereunder, Contractor shall furnish to City certificates of insurance subject to approval of the City's Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. provide the name and policy number of each carrier and policy; 2. state that the policy is currently in force; and 3. promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of City. Contractor shall maintain the foregoing insurance coverages in force at all times during the term of this Agreement with the City. The requirement for carrying the foregoing insurance coverages shall not derogate from the Contractor's defense, hold harmless and indemnification obligations as set forth under this Agreement. City or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Contractor shall provide a separate copy of the additional insured endorsement to each of Contractor's insurance policies, naming the Additionally Insured Parties as Additional Insureds to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. Contractor shall require all Subcontractors to name Contractor, its officers, employees and agents, and the Additionally Insured Parties as Additional Insureds, using ISO form number CG2030380413 or coverage at least as broad. Contractor shall verify that every Subcontractor's policy endorsement complies with the requirements set forth herein. 6. INDEMNIFICATION Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers, elected and appointed officials, employees, agents, and volunteers from any and all, claims, damages, losses, expenses, judgments, demands, defense costs, and 17-5737.001/158995/DO 4 HB -107-Item 11. - 6 consequential damage or liability of any kind or nature, however caused to anyone, including clients and other members of the public, including those resulting in or from death or injury. This includes death or injury arising directly or indirectly out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by any negligent act, omission, or intentional act of the Contractor, any subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence or willful misconduct. Contractor will conduct all defenses at its sole cost and expense and City shall approve selection of Contractor'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 a limitation upon the amount of indemnification to be provided by Contractor. 7. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential -Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to infoorration disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: 17-5737.001/158995/DO 5 HB -108-Item 11. - 7 To City: To Contractor: City of Huntington Beach Parking Concepts, Inc. Attn: Transportation Manager Attn: Rich Rogers, Chief Operating Officer P.O. Box 190, 2000 Main Street 12 Mauchly, Bldg 1 Huntington Beach, CA 92648 Irvine, CA 92618 A party may change its address by giving notice in writing to the other party. Thereafter, any notice, tender, demand, delivery, or other communication shall be addressed and transmitted to the new address. If sent by mail, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, any notice, tender, demand, delivery, or other communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, that terms and conditions hereof, shall not bind or obligate Contractor nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 17-5737.001/158995/D0 6 HB -109-Item 11. - 8 12. TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, City may require Contractor to deliver all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes as the City deems appropriate. b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 13. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION — VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be government and construed in accordance with the laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, pelinits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Huntington Beach and all other governmental agencies. Contractor shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 17-5737.001/158995/DO 7 HB -110-Item 11. - 9 print name Mayor ITS: (circle one 442trgei Chief Financial Officer/Asst. Secretary -- Treasurer City Clerk APPROVED City Attorney NCO 51710 MA/ VIEWED AND APPROVED: City Manager By: By: INITIATED AND APPROVED: DirectiTA'Th blic Works 16. SIGNATORIES Each undersigned represents and warrants that its signature hcreinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, 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. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a PARKING CONCEPTS, INC., a municipal corporation of the State of California corporation California 17-5737.001/158995/DO 8 HB -111-Item 11. - 10 _ and Sudeity .Hun ! III INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST 1. 2. 4. 5. 6. 7. 8. 3. Requested by: Bob Stachelski, Transp. Mgr, Public Works Date: May 19, 2017 Name of contractor/permittee: Parking Concepts dba Transportation Concepts Description of work to be performed: Season_public shuttle service Value and length of contract: 2 yr + 1÷1 - $380,000 Waiver/modification request: Add $50,000 retention/deductible Reason for request and why it should be granted: Industry standard for transit service would result in increase in costs for project. in Identify the risks to the City in approving this waiver/modification: Potential exposure case of an incident should contractor no be able to cover retention and potentially cease business. / 1 f ....1 -/Z-- Purr Departme r ,.ead Signature Date: i APPROVALS Approvals must be obtained in the order listed on this form. Two approvals are required for a request to be granted. Approval from the City Manager's Office is only required if Risk Management . Is thiCity Attorney's OJice disagree. / 1. is Management Lill a,g7740- Approved • Denied 41;k" Z--/-Ja Da ,,.:ture 2. City Attorney's Office V pApproved D Denies -73 Signature Date 3. City Manager's Office 0 Approved 0 Denie. Signature Date If approved, the completed waiver/modification request is to be submitted to the City Attorney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Human Resources Waiver Form 5/19/2017 9:35:00 AM HB -112-Item 11. - 11 --- Y e ACOR100 CERTIFICATE OF LIABILITY INSURANCE kra.---- DATE (MM/DDMYY) 05/26/2017 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 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 IAG Insurance Services 12 Mauchly, Building I Irvine CA 92618 CONTACT NAME: Leslie Henry PHONE FAX Arc No Ed): (9 4 9) 387-2323 (A/c, No): (949) 387-2324 -MAIL . ,,..i ADDRESS: imnuagins.com INSURER(S) AFFORDING COVERAGE NAIC // INSURER A; Philadelphia Indemnity Insurance Company 18058 INSURED Parking Concepts, Inc. dba Transportation Concepts 12 Mauchly, Building I Irvine CA 92618 INSURER B : Scottsdale Insurance Company 41297 INSURER C; Safety National Casualty Corporation 15105 INSURER 0: Fireman's Fund Insurance Company 21873 INSURER E : Hiscox Insurance Company 10200 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WD POLICY NUMBER POLICY EFF (MMIDDIYYYYI POLICY EXP (MM(DDIYYYY) LIMITS A X GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY X PHPK1658519 06/01/2017 06/01/2018 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) 250,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ Excluded X $5,000 BI/PD Deductible PERSONAL & AIN INJURY $ 1,000,000 Per Occurrence GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY LIMIT APPLIES PRO- JECT V ...".., PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A X X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS GKLL SCHEDULED AUTOS NON-OWNED AUTOS X PHPK1658519 06/01/2017 06/01/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per parson) $ BODILY INJURY (Per accAent) $ PROPERTY DAMAGE (Par accident) $ GKLL - Per Location 1,000,000 B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE XLS0102403 06/01/2017 06/01/2018 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED X RETENT ON S None $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N/A SP4056860 ER 06/01/2017 06/01/2018 INC STATU- TORY LIMITS OTH- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 CI Excess Liability - Occurrence Form Retention: None SHX24602062 06/01/2017 06101/2018 $5,000,000 Aggregate $5,000,000 Each Occurrence DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule If more space Is required) Re: City of HB Transit Service Contract The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers are addARIEIRM67.0:.'!: I -2 . "f" i.'.: ed endorsement CG2010(07/04) & CG2037(04/13) including Primary and Non-Contributory wording as respects to General y I i - , 0 .(0 .•'":,) as respects to Auto Liability. 30 days notice of cancellation except for 10 days notice of cancellation for non-payme , I s -m CHAEL E. GATES CITY ATTORNEY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION The 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 ,..i..ff=:"—........7....-:._ 9-4........ ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -113-Item 11. - 12 AGENCY CUSTOMER ID: LOC #: ACCORIfl ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY IAG Insurance Services NAMED INSURED Parking Concepts, Inc. dba Transportation Concepts POLICY NUMBER UC21757388.17 CARRIER Hiscox Insurance Company NAIC CODE 10200 EFFECTIVE DATE: 08/01/2017 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER. 25 FORM TITLE: Certificate of Liability Insurance Fidelity/Crime Insurance Coverage: Policy #: UC21757388.17 Effective: June 1,2017 to June 1,2018 Insurance Carrier: Hiscox Insurance Company $1,000,000- Limit $50,000 - Retention - Each Loss ACORD 101 (2008/01) C) 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD HB -114-Item 11. - 13 POLICY NUMBER: PHPK1658519 INSURED: Parking Concepts, Inc. dba Transportation Concepts COMMERCIAL GENERAL LIABILITY CO 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations The City of Huntington Beach, it officers, elected Or appointed officials, employees, agents and Volunteers City of HB Transit Service Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. This condition applies This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CO 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 HB -115-Item 11. - 14 POLICY NUMBER: COMMERCIAL GENERAL LIABILITY PHPK1658519 Insured: Parking Concepts, Inc. Dba: Transportation Concepts CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The City of Huntington Beach, it officers, elected, Or appointed officials, employees, agents and volunteers Location And Description Of Completed Operations City of HB Transit Service Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard." However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. This insurance is primary to and non-contributory with any other insurance maintained by the person or organization (Additional Insured), except for loss resulting from the sole negligence of that person or organization. CG 20 37 04 13 Copyright, Insurance Services Office, Inc., 2012 Page 1 of 1 HB -116-Item 11. - 15 POLICY NUMBER: PHPK1658519 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: June 1, 2017 Countersigned By: Named Insured: Parking Concepts, Inc. dba Transportation Concepts (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): Any person or organization that the Named Insured is obligated to provide Insurance where required by a written contract or agreement is an insured, but with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc,, 1998 Page 1 of 1 HB -117-Item 11. - 16 XLS 0 0 97080 Renewal of Number DECLARATIONS COMMERCIAL EXCESS LIABILITY POLICY Il k SCOTTSDALE INSURANCE COMPANY"' Home Office: One Nationwide Plaza Columbus, Ohio 43215 Administrative Office: 8877 North Gainey Center DriveScottsd ale, Arizona 65258 1-800-423-7675 A STOCK COMPANY Policy Number XLS0099655 ITEM 1. NAMED INSURED AND MAILING ADDRESS: PARKING CONCEPTS, INC. (SEE SCHEDULE OF NAMED INSUREDS) 12 MAUCHLY BUILDING I IRVINE CA 92618 AGENT NAME AND ADDRESS: W BROWN & ASSOCIATES — P&C PROP. & CAS. INS. SERVICES 19000 MACARTHUR BLVD STE 700 IRVINE CA 92612 Agent No. 04710 Program No. NONE ITEM 2. POLICY PERIOD From: 06-01-2016 To: 0 6 — 01-2 017 12:01 AM. Standard Time at your mailing address. In return for the payment of the premium, and subject to all the terms of this policy, we agree to provide you with the insurance as stated in this policy. ITEM 3. THE NAMED INSURED IS: I IIndividual Partnership i )( Corporation Joint Venture l lOther ITEM 4. LIMIT OF INSURANCE: A. Each Occurrence B. Aggregate ITEM 5. SCHEDULE OF CONTROLLING UNDERLYING INSURANCE: See Schedule of Controlling Underlying Insurance 5,000,000 $ 5,000,000 ITEM 6. PREMIUM COMPUTATION: Flat Premium Subject to Adjustment: Estimated Deposit Premium Estimated Exposure Base: Rate: Policy Minimum Premium Per: THE FOLLOWING APPLY IN ADDITION TO THE POLICY PREMIUM SHOWN STATE TAX: $ STAMPING FEE: $ Audit Period: I I Annual IX I Other: WAIVED ITEM 7. ENDORSEMENTS ATTACHED TO THE POLICY AT INCEPTION: See Schedule of Forms and Endorsements THIS COMMERCIAL EXCESS LIABILITY DECLARATIONS WITH THE COVERAGE FORM AND ENDORSEMENTS, IF ANY, COMPLETE THE ABOVE-NUMBERED POLICY. XLS-D-1 (11-08) Insured Copy HB -118-Item 11. - 17 SCOTTSDALE INSURANCE COMPANY® SCHEDULE OF NAMED INSUREDS PolicyNo. XLS0099655 Effective Date: 06-01-16 12:01 A.M., Standard Time Named Insured PARKING CONCEPTS, INC. Agent No. 04710 PARKING CONCEPTS, INC. DBA: TRANSPORTATION CONCEPTS; PARKING CONCEPTS OF TEXAS, LLC; BARNETT FAMILY TRUST; PARKING CONCEPTS SHUTTLE SERVICE, INC. (INACTIVE); AUTO PARK EQUIPMENT CORPORATION (INACTIVE); TECHNOLOGY IN PARKING, INC. (INACTIVE) UTS-SP-1 (8-96) Tnsured Copy HB -119-Item 11. - 18 Jk SCOTTSDALE INSURANCE COMPANY® SCHEDULE OF FORMS AND ENDORSEMENTS Policy No. XLS0099655 Effective Date: 06-01-16 12:01 A.M., Standard Time Named Insured PARKING CONCEPTS, INC. Agent No. 04710 UMBRELLA/EXCESS FORMS AND ENDORSEMENTS UTS-COVPG NOTX0394CA NOTS0021CA NOTX0015CA NOTX0145CW NOTX0146CW NOTX0178CW XLS-D-1 UTS-SP-1 UTS-SP-2L XLS-SP-1 XLS-SP-2 UTS-444S CX 00 01 CX 21 01 CX 21 02 CX 21 43 UTS-331s-CA UTS-74G XLS-0160 XLS-0381 XLS-0432 XLS-0520 XLS-0530 XLS-0795 XLS-0821 XLS-1160 XLS-1370 XLS-1502 XLS-1503 XLS-2318 XLS-2320 XLS-2322 XLS-2327 XLS-2341 XLS-2383 UTS-119G UTS-9G 01-16 COVER PAGE 03-12 NOTICE-PREM REFUND DISCLOSURE-CALIFORNIA 07-11 NOTICE TO CALIFORNIA INSURED 02-00 IMPORTANT INFO FOR CA POLICYHOLDERS 05-02 NOTICE/RESTRICTION OF COVERAGE 05-02 NOTICE TO POLICYHOLDERS 02-06 CLAIM REPORTING INFORMATION 11-08 EXCESS LIABILITY DECLARATION 08-96 SCHEDULE OF NAMED INSUREDS 12-95 SCHEDULE OF FORMS AND ENDORSEMENTS 12-08 SCHEDULE OF UNDERLYING INS. EXCESS LIAB, 11-08 SUPPLEMENTARY SCHEDULE OF UNDERLYING INS 11-15 CAP ON LOSSES FROM CERT ACTS 0/TERRORISM 04-13 COMM EXCESS LIAB COVG FORM 09-08 NUCLEAR ENERGY LIAB EXCL BROAD FM 04-13 TOTAL POLLUTION EXCLUSION 05-14 EXCLUSION-ACCESS/DISCL OF PERSONAL INFO 03-05 REGISTERED DOMESTIC PARTNER - CA 08-95 PUNITIVE OR EXEMPLARY DAMAGE EXCL 11-08 ASBESTOS EXCL 05-15 CROSS LIABILITY EXCL (NAMED INSURED) 11-08 DESIGNATED WORK EXCL - EXT INS & FIN SYS 11-08 EMPLOYMENT-RELATED PRACTICES EXCL 05-15 EMPLOYEES' RET INCOME SECURITY ACT EXCL 11-08 KNOWN INJURY OR DAMAGE EXCLUSION 11-08 LEAD CONTAMINATION EXCL. 11-08 PROFESSIONAL LIABILITY EXCL. 11-08 EARTH OR LAND MOVEMENT EXCLUSION 11-08 WAR LIABILITY EXCLUSION 11-08 FUNGI OR BACTERIA EXCLUSION 11-08 VIOLATION OF STATUTES THAT GOVERN E-MAIL 11-08 DESIGNATED ONGOING OPS EXCL 11-08 UNDERLYING SUBLIMIT COVERAGE EXCLUSION 11-08 MULTI-UNIT HABITATIONAL CONVERSION EXCL 11-08 SILICA OR SILICA RELATED DUST EXCLUSION 04-13 LIMITS ENDORSEMENT 06-14 MINIMUM EARNED CANCELLATION PREMIUM 05-96 SERVICE OF SUIT CLAUSE UTS-SP-2L (12-95) Insured Copy HB -120-Item 11. - 19 SCOTTSDALE INSURANCE COMPANY° COMMERCIAL EXCESS LIABILITY SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Policy No.: XLS0099655 Effective Date: 06/01/2016 12:01 A.M. Standard Time Name Insured: PARKING CONCEPTS, INC . Agent No.: 04710 INSURER, POLICY NUMBER TYPE OF COVERAGE AND POLICY PERIOD APPLICABLE LIMITS General Liability Insurer's Name PHILADELPHIA INDEMNITY INSURANCE CO Policy Number ON FILE WITH COMPANY Policy Period 06/01/16 to 06/01/17 Applicable Limits $ 1,000,000 Each Occurrence $ 1,000,000 Personal and Advertising Injury $ 2,000,000 General Aggregate (other than products/ completed operations) * PER LOC $ 2,000,000 Products/ Completed *General Aggregate Applies Operations Aggregate Occurrence • Claims -made Commercial Auto Liability Insurer's Name PHILADELPHIA INDEMNITY INSURANCE CO Policy Number ON FILE WITH COMPANY Policy Period 06/01/16 to 06/01/17 Bodily Injury and Property Damage Limit $ 1,000,000 Each Accident Employer's Liability Insurer's Name SAFETY NATIONAL CASUALTY Policy Number ON FILE WITH COMPANY Policy Period 06/01/16 to 06/01/17 Bodily Injury Limit $ 1, 000, 000 Each Accident (by accident)** $ 1,000,000 Policy Limit (by disease) ** $ 1,000,000 Each employee (by disease) ** ** or unlimited in states where benefits are unlimited. XLS-SP-1 (12-08) Insured Copy HB -121-Item 11. - 20 SCOTTSDALE INSURANCE COMPANY r.p COMMERCIAL EXCESS LIABILITY SUPPLEMENTARY SCHEDULE OF CONTROLLING UNDERLYING INSURANCE Policy No.: XLS0099655 Effective Date: 06-01-16 Named Insured: PARKING CONCEPTS, INC . 12:01 AM. Standard Time Agent No.: 04710 Type of Coverage: GARAGEKEE PERS LEGAL LIABILITY Insurer: PHILADELPHIA INDEMNITY INSURANCE COMPANY Policy Number: ON FILE WITH COMPANY Policy Period: 0 6 / 01 /16 to 06/01/17 Applicable Limits: $1,000,000 PER LOCATION X Occurrence Claims-made Type of Coverage: Insurer: NOT APPLICABLE Policy Number: Policy Period: to Applicable Limits: 1 1 Occurrence Claims-made Type of Coverage: Insurer: NOT APPLICABLE Policy Number: Policy Period: to Applicable Limits: Occurrence Claims-made Type of Coverage: Insurer: NOT APPLICABLE Policy Number: Policy Period: to Applicable Limits: i 1 Occurrence Claims-made XLS-SP-2 (11-08) Insured Copy HB -122-Item 11. - 21 ESRIDECI2-16R 2030 41, Fireman's Fund Declarations EXCESS LIABILITY POLICY POLICY NUMBER: SHX-000-5804-0452 FIREMAN'S FUND INSURANCE COMPANIES POLICY PERIOD: FROM 06/01/16 TO 06/01/17 Coverage is provided in the following (12:01 AM. Standard time at the address company, a stock company. of the Named Insured as stated herein) 01 Fireman's Fund Insurance Company NAMED INSURED AND MAILING ADDRESS: PARKING CONCEPTS, INC, DBA: TRANSPORTATION CONCEPTS AS PER ENDORSEMENT 178447-3-90 12 MAUCHLY, BUILDING I IRVINE, CA 92618 PRODUCER NAME AND MAILING ADDRESS: IAG INS, SERVICES 12 MAUCHLY BLDG IRVINE, CA 92618 In return for the payment of the premium, and subject to all the terms of this policy, we agree with you to provide the insurance as stated in this policy. LIMITS OR INSURANCE $20,000,000 Each Occurrence $20,000,000 Aggregate UNDERLYING INSURANCE LIMITS $5,000,000 Each Occurrence $5,000,000 Aggregate PREMIUM Basis of premium: Flat charge Advance Premium: Annual Minimum Premium: includes Terrorism Risk Insurance Act - Certified Acts Coverage: SCHEDULE OF UNDERLYING INSURANCE This schedule is described within Form No. 178457 2-91 which forms a part of this policy's declarations. SCHEDULE OF ENDORSEMENTS This schedule is described within Form No. 178250-04-04 which forms a part of this policy's declarations. Date of Issue: Countersignature of Authorized Agent: 06/03/2016 This declarations page is issued in conjunction with and forms a part of Policy Form 5303 10-02R. HB -123-Item 11. - 22 SCHEDULE OF UNDERLYING INSURANCE - 178457-2-91 First Underlying Insurance: Company: SCOTTSDALE INSURANCE COMPANY Policy No; XLS0099655 Expiration Date: 06/01/2017 LIMITS OF INSURANCE Limits: $5,000,000 Each Occurrence $5,000,000 Aggregate ESRSCHUI 1-97 PAGE 01 OF 01 HB -124-Item 11. - 23 TRANSPORTATION CONCEPTS Proposal to Public Works Department For the Operation of a Community-Based Transit Circular Service (Shuttle Service) HB -125-Item 11. - 24 TRANSPORTATION CONCEPTS A. Vendor Application Form and Cover Letter Although Parking Concepts Inc., is a registered vendor with the City we filled out the application form and it is included with our package. Our Cover Letter is included as well in this Section. Proposal for a Community-Based Transit Circular Shuttle Service HB -126-Item 11. - 25 TRANSPORTATiON CONCEPTS B. Background and Project Summary Section Experience Transportation Concepts is the public transportation division of Parking Concepts, a California Corporation, with corporate offices in Irvine, California. Gill Barnett, President and sole owner of Parking Concepts, founded the company in 1974 in order to provide an enhanced level of customer service to an industry that had been sorely lacking in customer service. Today, Parking Concepts is one of the most successful and respected parking facility operators in the United States. In 1982, Parking Concepts was awarded a bus shuttle service contract at the Ontario International Airport. It was at that time that Transportation Concepts was formed. For the last 35 years, Transportation Concepts has built its own outstanding reputation as a customer centered, quality provider of contracted transportation services. The basis of the cornpanYs success is a dedication to the goal to consistently meet and exceed clients' expectations regardless whether ifs a 100 bus shuttle service or a 1 bus shuttle service contract like the City of Huntington Beach Downtown Shuttle Service. From the operation of a 6 - bus shuttle operation for Ontario Airport in 1982, through today, Transportation Concepts has enjoyed steady growth. Currently, the company manages several shuttle, fixed route, or Dial-a-Ride contracts, with the majority of them within the local Southern California area. The company operates these services utilizing a fleet of approximately 200 vehicles ranging in size from seven passenger minivans to forty-foot transit coaches. All of the vehicles maintained and operated by Transportation Concepts are in compliance with regulatory standards governing emissions. Many of our contracts operate on clean burning alternative fuels such as CNG and Propane, as well as zero-emission electric buses. The combination of Transportation Concepts' demonstrated past experience and reliability with the provision of regularly scheduled transportation will give the passengers of the Community-Based Shuttle Service the confidence that the City of Huntington Beach is truly concerned about their safety, their timely and efficient transportation, and, the positive experience each passenger will receive. Through Transportation Concepts; the customers will be provided with an experienced and professional management team leading the coordination effort; highly trained and courteous vehicle operators transporting your passengers; and the security of the company's extensive financial and technical resources that can be directed to this contract to insure a successful transportation system. Shuttle Service Understanding / Proposed Shuttle Bus We understand that this will be a free seasonal shuttle service which will operate every weekend from April 1 st through October l st , along with weekday services operated from Memorial Day to Labor Day each year. Based upon operating a seasonal service, along Proposal for a Community-Based Transit Circular Shuttle Service 2 HB -127-Item 11. - 26 TRANSPORTATION CONCEPTS with a stipulated age requirement of the primary vehicle, coupled with our desire to provide a cost efficient proposal, Transportation Concepts is proposing a brand new 2017 Shuttle Bus with seating for 20 passengers to be used as the primary vehicle. We would propose having a digital destination sign on the front and side of the primary bus. This will allow another way to better communicate/market the shuttle service to visitors or residents when they see the service. Something like "FREE DOWNTOWN SHUTTLE' would enhance the graphics displayed on the primary bus and attract attention. An example of a destination sign on a similar type vehicle is shown here. Another great marketing tool and added value item that Transportation Concepts will include is the use of a "real tirnd GPS system. We have an agreement with Way' to provide potential passengers to see the exact location of the shuttle on route and exactly when it will arrive at a designated stop on that route. Way" will set up the entire route with all of the stops and provide the GPS system for the Shuttle Bus. All the visitor/passenger will need to do is download the program app in their Smart Phone or Smart device. It will do everything else once they download the app on their device. Since we are proposing a 2017 model vehicle as the primary bus, we would respectfully request consideration be given to allow TC to provide a spare vehicle assigned to this Shuttle Service without a specific age requirement to operate as the spare bus. This would obviously be contingent upon City approval of the assigned spare vehicle each season. Doing this would afford TC the ability to provide a spare bus that has already been used under prior Shuttle contracts with the City of Huntington Beach, as well as being assigned to serve as a spare shuttle bus we operate for Visit Huntington Beach (VHB), which operates on a seasonal basis during the same time period as this Shuttle contract. These will both be low emission gasoline vehicles. In order to conform with the RFP specifications, Transportation Concepts will work with the City on the Graphic Design and will coordinate with the selected vendor on the wrapping of the bus as a part of our service to the City, The shuttle and the operator will be required to maintain detailed ridership records for state and local regulatory reports. It is anticipated that a passenger fare will not be charged for this new shuttle service. C. Methodology Section 1 The implementation of this service will take place without challenge. Transportation Concepts has the infrastructure in place to operate effectively right Proposal for a Community-Based Transit Circular Shuttle Service 3 HB -128-Item 11. - 27 IC TRANSPORTATION CONCEPTS out of the gate to include the vehicles, hiring trained and licensed employees, acquiring proper insurance, having a storage and operating facility in Irvine right off the 405 freeway and having necessary vendors in place to support our service operation starting on day one. As a professional provider of transportation services for over thirty three years and specifically providing this type of service we have developed and implemented programs specifically to fulfill the goals of this contract. Generally, our programs include the following: • Safety - employee, ridership, maintenance shop, environmental, accident/incident prevention and response. 3 Customer Service - passenger relations, reservations, telephone information, disability awareness. 3 Employee Development - recruitment, screening, hiring, training, and supervision. 3 Maintenance - preventive, body work, warranty, parts inventory, vehicle appearance, heating/air conditioning, audit/inspection, and technician training. n1 Vehicle Operation - employee check in, vehicle inspection, dispatch/vehicle communications, on time performance, route supervision, data collection and reporting and extensive training. All of these programs will be in place and will continue to be developed and restructured based on service changes, the economy, community development, local events and any other factors impacting service. In order to successfully facilitate our programs throughout each of our operations we must effectively maintain our support structure and ensure that each area is developing and continuously improving. Every person on our team must demonstrate a high degree of passion for customer service and be able and willing to provide it to the community and the system ridership. The City will benefit from demonstrated loyalty, integrity, responsiveness, and persistence in our efforts to meet contract expectations and provide excellent service to the passengers of this shuttle service for the City. Transportation Concepts has had an excellent performance relationship with the clients we have been afforded the opportunity to serve. We have very high standards related to customer satisfaction, on-time service performance, an excellent safety record, and we have a reputation for getting the job done as promised with a goal of exceeding expectations. We are proud of our success. In addition, we acknowledge that we always have room for Proposal for a Community-Based Transit Circular Shuttle Service 4 HB -129-Item 11. - 28 re TRANSFORTATPN CONCEPTS improvement. Any constructive criticism is always welcomed, taken into consideration, and acted upon as necessary. Our philosophy is one of always keeping our eyes open for a better way. 2 Transportation Concepts will consistently strive to ensure quality service is provided in the operation of the City's services. Here are some of the methods we utilize to ensure quality control and a higher level of customer service: Customer Service Training The Company's expectations are clearly articulated consistently. The company's primary objectives are to provide safe, courteous, professional and dependable service to every customer. Knowledge of these objectives is reinforced in training. Safety, attitude, on-time performance, customer relations, effective communication, and appearance are all stressed as being our major focal points. On an ongoing basis, the company reinforces through monthly training that our role is to serve our customers. This training is provided to all employees. However, the Vehicle Operators, assigned to the Community-Based Transit Circular Shuttle Service will receive additional training pertinent to the desires of the Huntington Beach City Staff to insure they are knowledgeable of particular City venues. Monitoring by Supervisors and Managers On street monitoring consists of road observations and unobserved checks. Road observations are unscheduled checks designed to monitor on-time performance, vehicle cleanliness, and safe and courteous driving. The designated shuttle route will be monitored on a regular basis. Vehicle and Driver Appearance The cleanliness of the vehicles that are used for the provision of transit service is an important indicator to the passengers of the quality of the service. Vehicle cleanliness will be monitored daily via rollout inspection. On a daily basis, all vehicles utilized in revenue service will have interiors swept and wiped down. Vehicles exteriors will be washed a minimum of once weekly. TC utilizes an outside vendor for washing in this location. They perform washing and scrubbing of the full exterior, wheels, area, inside of all windows, scrubbing of oil or other excessive residue off the rear end; dusting or vacuuming of all seats, dashboard, stanchions and exposed surfaces; and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc. All graffiti, interior and exterior, that is cleanable will be removed as soon as practicable. Transportation Concepts employee uniforms consist of dark blue slacks, light blue uniform shirts with Transportation Concepts embroidered logos, dark blue jacket, black shoes and an employee identification tag, worn at all times on the front pocket area of the uniform shirt of jacket. Each employee will be Proposal for a Community-Based Transit Circular Shuttle Service 5 HB -130-Item 11. - 29 IC: TRANSPORTATION CONCEPTS required to be in full uniform at all times while in service. Uniforms will always be clean, free of spots, and pressed, and consistent with City requirements. Surveys TC believes that rider feedback is one of the most effective ways to improve our service. If the City approves, we will implement simple passenger surveys on selected trips during specific periods throughout the months of operation. The information received from these surveys can help to measure the riders' level of satisfaction. Through these surveys, we will gain knowledge and insight as to if our passengers are happy and how we can continuously improve the service. Employee Surveys Effective proactive relationships with employees are necessary to establish a mutual level of confidence and respect. Interpersonal communication that is open and honest is a necessary ingredient in order to form a trusting relationship. We have found that making our employees feel valued through the active participation of an employee survey is a strong motivator, which can help to heighten performance levels. In addition, when the employees feel that they are a valuable member of the team and part of the continuous improvement process, it creates more job satisfaction and morale and minimizes turnover and lost work days. Client Surveys Receiving clear and honest feedback from our clients provides our organization with an additional tool to ensure we are on track towards our goal of 100% satisfaction. Mr. Rich Rogers, our Chief Operating Officer, conducts the survey on an annual basis. The survey is designed to provide feedback in both a quantitative and qualitative manner. Results of this survey are shared with the Manager and his or her staff. Any area not exceeding expectations is collectively discussed with a follow up action plan designed to bring about any needed improvements. Customer Complaint Resolution It is the responsibility of the Project Manager to work in partnership with the City to resolve passenger complaints. Once Transportation Concepts has been made aware of a complaint, either, through City staff, or, by the passenger directly, the Project Manager will initiate an investigation. Transportation Concepts will respond back to the passenger or City Staff within forty-eight hours, specifically disclosing the action taken related to a valid complaint, or recommended actions if it is an invalid complaint. The key to the effective handling of all passenger complaints is to be proactive. It is critical that the management team focuses its efforts toward the goal to consistently meet or exceed passengers' expectations of the Proposal for a Community-Based Transit Circular Shuttle Service 6 HB -131-Item 11. - 30 SAFE FE Ciro TRANSPORTATION CONCEPTS service. TC looks at feedback from complaints as another valuable tool that permits us to measure our success toward attainment of our quality goals. Considering that this is a new service, and the fact that client satisfaction is our number one goal in our approach to operating shuttle service, our firm will approach this like all of our contracts in our efforts to ensure on-time and safe service for the passengers. This service represents a snap shot of the City to visitors utilizing the service. Aside from the very obvious goals that will be fulfilled to include on-time shuttles, clean shuttles, professional, courteous, and helpful drivers, it is important to touch on the things that happen behind the scenes to ensure all contract goals are met. These are things that only seasoned professionals in the transit industry incorporate into the provision of shuttle service. Our goal is to ensure that each passenger exits the bus with a positive image of the City. The number one way to achieve this is through providing a safe and comfortable ride. We take safety very seriously at Transportation Concepts. The service provided to the passengers riding the City's shuttle service will above all, experience a safe ride. Transportation Concepts will assist the City in their goal to provide an excellent riding experience by ensuring all signage and promotional materials are visible and accessible. In addition, drivers will incorporate this into passenger communication. We see this as a team effort relative to the name of the service, the information provided to the passengers, and the attitude of our driving staff. Safety Program Overview It is incumbent upon any provider of public transportation services to assume responsibility for safeguarding the passengers it transports. Transportation has implemented a comprehensive safety program to insure success in this critical area. The Transportation Concepts safety program is comprised of four primary areas. • Policy Education • Recruiting/Screening • Training • Monitoring Each of these components works in concert with the others to provide an overall framework for safety in the organization. Safety Policy The effectiveness of any program is dependent upon the existence of a clear direction. This is particularly true in the area of safety. Transportation Concepts has adopted a safety policy statement that declares the following: Proposal for a Community-Based Transit Circular Shuttle Service 7 HB -132-Item 11. - 31 Transportation Concepts' maintenance program consists of five primary components: IC TRANSPORTATION CONCEPTS • Safety is the number-one priority of our operations • Safety is Everyone's Responsibility • All accidents are preventable • All unsafe acts and conditions must be eliminated to prevent accidents • Safety must become part of everything we do, not just something else we have to do State and Federal Regulations/Motor Vehicle Codes All of Transportation Concepts operations are fully compliant with all State and Federal regulations including regulations addressing driver and vehicle licensing. Transportation Concepts requires a 10-year motor vehicle record from all applicants and supplements this record with 6-month updates through the DMVs PULL Notice program. Additionally, the company requires all applicants to pass a pre-employment DOT physical examination and to pass a drug and alcohol test. These medical checks are repeated every two years. The drug and alcohol test is administered to all safety-sensitive positions on a random basis as well. California OSHA Transportation Concepts is fully compliant with all of the requirements of S8198, which requires employers to establish an Injury & Illness Prevention Program (IIPP). The company has established an IIPP and communicates the guidelines of the program to its employees on a regular basis. Summary — Safety Programs The combination of the implementation of a thorough safety policy, a recruiting and screening process that focuses on safety, a comprehensive training program, and a monitoring system to record and identify performance, results in a genuinely safety oriented company. The safety of the services provided by Transportation Concepts is indeed a result of our effort and commitment in this area. One of the other areas that people do not consider when riding the shuttle is the quality of the vehicle maintenance plan. The maintenance plan is often the number one factor in the safety performance of the system. Maintenance Transportation Concepts has a strong commitment to fleet maintenance based upon the precepts of preventive maintenance and has developed procedures to ensure vehicle maintenance quality and fleet longevity. All maintenance personnel and/or maintenance vendors receive specific training from either the Maintenance Manager or other outside resources, regarding the TC maintenance program. Proposal for a Community-Based Transit Circular Shuttle Service HB -133-Item 11. - 32 TRANSPORTATiON CONCEPTS • Pre-trip inspections • Preventive maintenance • Vehicle Repairs • Vehicle Cleaning • Maintenance Record Keeping Transportation Concepts will coordinate all routine maintenance needs of the Citys designated shuttle buses through either our Corona or Redondo Beach maintenance facilities as well as utilize one of our mobile mechanics to handle the regular maintenance needs of the equipment. Vehicle Cleaning The cleanliness of the vehicles that are used for the provision of transit service is an important indicator to the passengers of the quality of the service. The exterior and interior cleanliness of the vehicle is readily noticed by the passengers and contributes greatly to their perception of the service quality. In order to address this critical service component, the company will make arrangements with a local cleaning facility or vendor, at which the vehicle exterior washes will take place. All cleaning activities will fully comply with all environmental regulatory requirements. The drivers will be responsible for the daily interior cleaning of the buses throughout the course of the day, and at the end of their shift. California Highway Patrol Inspections I PUC Transportation Concepts is annually inspected by the California Highway Patrol at each operating terminal. Additionally, each of our locations and vehicles are registered with the California Public Utilities Commission (PUC) under the number CA 043399 as a private carrier of passengers. . Coordination/Communication Transportation Concepts will require support and regular communication between the City and our Project Manager, Mr. Brian Connell We will also be providing cellular telephones for the vehicle operators that come with a strict policy to utilize only when vehicle is parked. In the event the City needs to speak with a driver directly or implement a change with short notice, a designated representative can contact the driver and communicate requests. It is imperative that the drivers maintain communication with our dispatch office and notify dispatch and it will be requested that any changes to service or suggestions to the service be communicated directly to Mr. Connell. Service Interruption As the vehicles proposed are in excellent condition and TC has an outstanding maintenance program, we do not foresee mechanical issues with the system vehicles. However, if there is a mechanical issue, the driver will ensure all passengers are off of the bus, notify the City and Dispatch via cellular telephone, Proposal for a Community-Based Transit Circular Shuttle Service 9 HB -134-Item 11. - 33 IC TRANSFPRTAT(ON CONCEPT S and another driver and bus will be dispatched from either a storage lot located at City Hall in Huntington Beach or our Irvine Facility. The vehicle with the mechanical issue will then be inspected by either our mobile technicians or taken to one of our the local maintenance shops and repaired as necessary. 3 Proposed Vehicles In order to provide a more cost effective alternate proposal Transportation Concepts is proposing as a spare vehicle, the same size bus that was utilized throughout our prior shuttle agreement with the City of Huntington Beach, and we have these available immediately. They are Starcraft Allstar ADA compliant 20 passenger cutaway style bus designed specifically for Shuttle Services, and have been operated in prior seasonal or weekend services. The spare vehicle(s) provided for this service are air-conditioned and low emission gasoline powered. The vehicle will have a hydraulic lift for wheelchairs or mobility devices. The vehicle will be stored at our corporate office in Irvine, CA, or, if acceptable to the City, at a location close to City Hall. In addition, Transportation Concepts owns and operates similar vehicles stored in Irvine, which can be made readily available to ensure consistent service. As mentioned earlier, the primary shuttle bus will be a new 2017 model year ADA complaint 20 passenger cutaway with an affixed Bike rack capable of transporting 2 bicycles. We will equip the bus with an LED Destination sign for both the Front Header as well as Side LED destination sign which will be programmed to include whatever the City would like to further enhance this shuttle bus. Exterior and Interior pictures of the Primary Vehicle are included below with larger 5 x7 photos included as an Exhibit at the end of this proposal: Proposal for a Community-Based Transit Circular Shuttle Service 10 HB -135-Item 11. - 34 IC TRANSPORTATION CONCEPTS 4. Interactive role of IC Management/Supervision with City Staff Service Disruption Procedures The following are the procedures in the event of an accident or incident: Proposal for a Community-Based Transit Circular Shuttle Service 11 HB -136-Item 11. - 35 TRANSPORTATION CONCEPTS • Notify the City of Huntington Beach Transportation Manager or his/her designee immediately of any accident or incident. Respond to any emergency or accident involving property damage, passenger injuries, or as requested by the City during or after the operational hours of the service. • Report emergencies or incidents involving injuries, major damage, or media coverage to the City immediately after occurrence. Determine if employee post accident drug and alcohol testing is required in conjunction with FTA guidelines. • Complete internal accident/incident investigation to determine cause and provide solutions to prevent reoccurrence. Vehicle Break Down/Road Call Procedures In the event of a vehicle failure, Transportation Concepts will deploy an appropriate vehicle immediately to transport the passengers aboard the failed vehicle. Our goal is a 20 minute response time. The on-duty Supervisor and/or Project Manager will be directed to proceed to the down vehicle for immediate replacement if necessary. Maintenance will respond to the downed vehicle. If the failure is not immediately repairable, the bus will be immediately towed. A Road Call Report is used each time a vehicle has to be exchanged due to a malfunction or a technical problem. The personnel attending the road call complete the pertinent information on the Road Call Report form and the form is signed and the information is submitted to our maintenance department. Handling Operational Emergencies Another element of our training is handling operational emergencies. In any transportation system, operational emergencies will occur. In general, Transportation Concepts believes that with thorough operator training and a high quality preventive maintenance program these emergency situations can be minimized. The following is a brief overview of some proposed guidelines for handling emergency situations that may arise. Each situation is not covered in explicit detail for the purpose of this proposal, but enough detail is provided to show that the procedures are well thought out and appropriate. General Emergency Guidelines In most emergency situations, driver attitude and initial response sets the tone for subsequent occurrences and the eventual severity of the situation. If the driver panics and loses control of the situation, tensions are heightened and damages may become greater than they otherwise would have. Transportation Concepts attempts to prevent this from occurring in whatever emergency may arise. This effort begins with operator training. Emergency Proposal for a Community-Based Transit Circular Shuttle Service 12 HB -137-Item 11. - 36 TRANSPORTATION CONCEPTS situations are documented, explained, and practiced in initial training sessions. Each documented emergency procedure begins with the instruction to remain calm. To give the driver on the scene additional guidelines, emergency phone numbers are also kept handy on vehicles, in supervisor notebooks, and in dispatch. Each emergency procedure places the safety of the passengers first and addresses equipment, schedules or other subordinate matters only after the safety of the passengers is secured. Additionally, we emphasize rapid on-route supervisory and emergency team response to the situation. Emergency Evacuation of Vehicles Drivers are instructed as to what circumstances (fire, heavy smoke, bomb threats, etc.) to evacuate the vehicle. Vehicle is pulled over, stopped and turned off out of the flow of traffic, if possible. If not, steps are taken to ensure that passing traffic is stopped before evacuating. Passengers are instructed in a clear, calm tone as to what procedure to follow. The driver remains on board the vehicle to supervise evacuation procedures. The driver then attends to the vehicle, if possible without jeopardizing personal safety. Special care must be taken when transporting individuals who do not have the flexibility to evacuate themselves should an emergency occur. Transportation Concepts' Passenger Assistance Training covers critical items regarding driver duties during evacuations of vehicles or use of vehicles to evacuate people from other emergencies. The training program will stress how to evacuate persons using mobility aid devices or who are mentally challenged. It will also include complete familiarity with the operating equipment and the use of safety-related equipment, including fire extinguishers, emergency exits and quick removal of straps. Driver Communication Transportation Concepts will utilize a Samsung Rugby III - Push to Talk (PTT) phone system. Phone Features: 3 Direct communication from the Manager or Supervisor, or a City Staff Member if requested to our driver. 3 Driver can only communicate with Dispatch and their Supervisor. No driver to driver communication. This is a safety feature. • System allows the Manager or Supervisor to view calls even if their phone is busy. v System tracks all calls to aid in the event that an investigation is warranted surrounding any operational discrepancy. Respective Role of the City of Huntington Beach Transportation Concepts views this relationship with the City of Huntington Beach as a partnership. We do not require additional City resources. However, Proposal for a Community-Based Transit Circular Shuttle Service 13 HB -138-Item 11. - 37 IC EEl TRANSPORTATION CONCEPTS we do anticipate that the City will work effectively with Transportation Concepts as a partner realizing a common goal of providing safe and effective transit service throughout the community. D. Staffing The single most important position for the success of an operation is that of the Project Manager. Mr. Brian Connell will oversee this project. Mr. Connell has over 20 years experience in transit management, over 25 years in transportation, and has been with Transportation Concepts since November of 1999. Mr. Connell has extensive shuttle experience, including several successful years operating seasonal services in the City of Huntington Beach. He is intimately familiar with operational requirements such as setting and exceeding performance goals, customer service, and motivating a workforce. Mr. Connell is familiar with all aspects of operations and understands what it takes to be successful operating in Southern California. Brian is a hands-on Manager that will get out in the field and get involved in the community. He will be in consistent communication with his team to monitor service, review reports, evaluate employee performance, and serve as a role model in the areas of safety and customer service. The City will have the ability to contact either Mr. Connell or the Supervisor via cell phone during all hours of service and after hours. Transportation Concepts will utilize fully certified and qualified drivers to operate the Citys Community-Based Shuttle Service. The driver(s) for this service will meet all of the requirements identified by the DMV and CHP. Specifically, the driver will possess a class B or A license with a P endorsement. The drivers' motor vehicle records will be checked prior to hiring, and every twelve months thereafter to verify that they have not incurred violations that exceed the companys requirements. All of our drivers will have a good working knowledge of the English language and will be able to speak, read, and write English. Passenger relations and empathy/sensitivity training are presented in the Transportation Concepts Driver Training Program. A major thrust of this training is to insure that the drivers understand the capabilities and needs of special passengers, as well as the means to interact with other passengers in more routine settings. Through the presentation of this training, and the development of these passenger relations skills, TCs Vehicle Operators are able to consistently interface with all of their passengers in a professional and courteous manner. Drivers will be required to keep detailed ridership records and incident logs. All logs will be submitted to Mr. Connell for input into a master report. TC will provide a weekly report in excel format to the City outlining the required information on Weekly and/or single day service. Proposal for a Community-Based Transit Circular Shuttle Service 14 HB -139-Item 11. - 38 Loyola • Marymount University 2012-present .Oniversity of La Verne ..2012— present City of Huntington Beach 2012-2014 . . 1 vehicle Shuttle . + Special Events Tuesday Evening's & Summer Events 714 375-5186. Simone.Slifman surfcity- hb:orq • 1 V.Ohjolp SI-1041p: All itlay.:HiMpncipy. through Friday Coby Brian 310-375-5186 Wagman Connell cwagrnan@lmu.edu 4 vehicle Campus Shuttle All day .— Monday through Friday Lisa Grater. Brian . Connell 909 593-3511 Kelly Miller Brian 714 969-3492 x 205 Connell Kelly@surfcityusa.com Jim Lucci Brian 949 699 7 3269 . Connell ImlAauction.corn . .1 Vehicle Shuttle + Special Events Operates during Summer Season on Set Route and during 4t-h of July and U.S. Open Surfing weekends Visit Huntington Beach (VHp) 2015- present Auction.com 2013-present 1 Vehicle Employee Shuttle. Morning and Evening Service Monday- Friday TRANSPORTATION CONCEPTS Transportation Concepts employee uniforms normally consist of dark blue slacks or shorts during the summer, light blue uniform shirts with Transportation Concepts embroidered logos, however, as an option, we would propose button down Hawaiian shirts with appropriate board shorts or cargo pants to project a thorned image of the Surf City label given the City of Huntington Beach. Additionally, an employee identification tag, will be worn at all times on the front pocket area of the uniform shirt. Each employee will be required to be in full uniform at all times while in performance of their duties. Uniforms will always be clean, free of spots, and consistent with the requirements of this highly visible service. E. Qualifications As stated, Transportation Concepts has been providing similar service for over thirty five years. We are extremely proficient at providing high quality, high capacity, short haul, high frequency services. In addition, we provide other special services including regular shuttles connecting remote parking lots to employment centers; feeder services linking passengers from the train station to employment centers, and commuter services providing people transportation from designated parking lots in suburban areas to jobsites located in major metropolitan areas. These services are one way we can contribute to improving the air quality of the communities we serve. Local references provided below: Client & Contract Term i.Scope of SerVide Contact Key TC Contact Number Person Staff F. Fee Proposal Proposal for a Community-Based Transit Circular Shuttle Service 15 HB -140-Item 11. - 39 TRANSPORTATION CONCEPTS Transportation Concepts is proposing a new 2017 shuttle bus with a 20 seat capacity as the primary vehicle, Our current spare buses available for service are 2011 model year shuttle buses. The rate for this would be $79.95 per service hour, or $121,604 over the season term. Cost includes vehicles, fixed costs associated with facility related expenses, all operating costs including maintenance, cleaning, fuel, labor plus benefits & related taxes, insurance, training, vehicle purchase/lease, profit, and overhead costs. Additional, extra or emergency services will be based upon the same hourly rate quoted for regular service listed above. Exhibit A: Pictures of Buses Proposal for a Community-Based Transit Circular Shuttle Service 16 HB -141-Item 11. - 40 TRANSPORTATION CONCEPTS Proposal for a Community-Based Transit Circular Shuttle Service 17 HB -142-Item 11. - 41 1 Legend Primary Shuttle Route Bus Stop & Number Existing Bus Service & Route Number Local Transit Circulator Route Attachment 2 25 66 70 1 76 72 29 178 25 1 9 8 7 6 5 4 3 2 12 11 10 15 14 13 1 1 Heil Ave Yorktown Ave HB -143-Item 11. - 42 Dept. ID CS 17-004 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: City Council consideration of a License Agreement with Huntington Valley Little League (HVLL) for utilization and maintenance of a portion of Wardlow Park for league activities. Financial Impact: Not applicable. Per the agreement, HVLL will provide maintenance of approximately 6.5 acres of the 8.36 acre park. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park.” Alternative Action(s): Do not approve the license agreement with HVLL, and direct staff accordingly. Analysis: Huntington Valley Little League (HVLL) is a non-profit charitable organization whose mission is to provide a safe, instructional, and fun environment for the children of Huntington Beach. As one of four non-profit Little League organizations in the City, HVLL started utilizing ball fields at the former Wardlow School in the 1970’s. HVLL, through an agreement with the Fountain Valley School District (FVSD), developed the existing six (6) ball fields to serve players from four to twelve years of age. The league averages 600 participants per year. In 2004, FVSD gave notice of its intent to sell the Wardlow school property – including the ball field area. On May 16, 2005, the City Council approved purchasing 6.2 acres of the school site to preserve the use of the ball fields by HVLL. The City purchased the property under the Naylor Act. Under the terms of the Act, the City was able to purchase the property at 25% of the market value. The City purchased the land needed for the fields at a cost of $3.8 million and the additional land was added to the parks overall acreage. Since the time of the purchase, HVLL has continued to use the property under a Special Use Permit and has maintained the appropriate insurance per City requirements. A formal agreement with HVLL was never implemented due to uncertainty of the affect development of the remaining CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a five-year License Agreement with Huntington Valley Little League, Inc. (HVLL) for the use and maintenance of baseball fields and related improvements at Wardlow Park HB -144-Item 12. - 1 Dept. ID CS 17-004 Page 2 of 2 Meeting Date: 6/5/2017 portion of the school property would have on ball fields. HVLL utilized the former school parking lot and a portion of the blacktop area for spectator parking. With these two parking areas ultimately going away, the City was looking options to either reduce the number of playing fields or modify the developed park to accommodate parking. Ultimately, the developer of the remaining portions of the school property deeded an additional 0.83 acres to the City and developed a parking lot for league and public use. The park property and improvements are now final, allowing for an agreement that accurately specifies areas of use and maintenance responsibilities. The proposed license agreement is for a term of five (5) years, with an extension of an additional five-years upon mutual consent. In lieu of a license fee, the agreement calls for HVLL to maintain the ball fields and the snack bar/restroom building. The Park, Tree, and Landscape Division of Public Works reviewed the license agreement and concurs with the terms. It has been determined that a minimum of 1,000 man-hours of maintenance is saved annually by the agreement. HVLL averages over 1,000 hours of volunteer labor to maintain the fields. In addition, HVLL funds special maintenance such as laser leveling of the infields, backstop maintenance, and upgrades to the irrigation system. As identified in Exhibit “D” of the agreement, the total value of HVLL maintenance activities is estimated at $59,876 for 2017. This value is much greater than the revenue the City would receive for the hours of use by HVLL. At $25.00 per hour, the City would receive a total of $33,900. Staff is, therefore, recommending in-kind service in lieu of a license fee for use of the property. Environmental Status: Not applicable. The license agreement will not add to or change existing use of the property. Strategic Plan Goal: Improve quality of life Attachment(s): 1. “License Agreement Between the City of Huntington Beach and Huntington Valley Little League, Inc. for the Use and Maintenance of Baseball Fields and Related Improvements at Wardlow Park” HB -145-Item 12. - 2 LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON LEACH AND HUNTINGTON VALLEY LITTLE LEAGUE, INC. FOR THE USE AND MAINTENANCE OF BASEBALL FIELDS AND RELATED IMPROVEMENTS AT WARDLOW PARK This Agreement is made and entered by and between the CITY OF HUNTINGTON BEACH, a charter CITY and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("CITY") and HUNTINGTON VALLEY LITTLE LEAGUE, INC., a California not-for-profit corporation ("LEAGUE"). RECITALS The CITY owns and operates Wardlow Park within the CITY limits which has multiple baseball fields, a snack bar/restroom facility, and related improvements; and The LEAGUE, which operates and conducts Little League baseball activities for the benefit of youth within the CITY; and The CITY may enter into agreements for the care, use, maintenance and control of City Parks for Youth recreational activities; and CITY and LEAGUE desire to enter into a License Agreement to provide for such care, use, maintenance and control of Wardlow Park for Little League baseball activities. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. PERMISSION Permission is hereby given by CITY to LEAGUE to enter upon, use and maintain the premises as described herein. 2. PREMISES CITY does hereby provide to LEAGUE, and LEAGUE hereby utilizes from CITY six baseball fields, snack bar/restroom facility, and any related improvements (hereinafter referred to as "the Premises"), generally located within Wardlow Park ("Wardlow Park"), a facility owned and operated by CITY. A legal description of the Premises, as well as an overhead photograph, 16-5419/143251/DO 1 HB -146-Item 12. - 3 are collectively attached hereto as E though fully set forth herein. 01 Att d "E." arA incorporated by this reference as 3. TERM OF AGREEMENT The term of this Agreement shall be for a period of five (5) years, commencing on the first (1st) day of 2017, and ending on , 2022. The term of this Agreement may be extended for one additional five (5) year period upon mutual consent of CITY and LEAGUE evidenced in writing. CITY may withhold consent to extend this Agreement with or without cause, in which case this Agreement shall terminate. 4. GENERAL USE OF PREMISES AND RELATED IMPROVEMENTS A. LEAGUE shall use and maintain the Premises for youth baseball recreational purposes, and shall not use or permit the Premises to be used for any other purpose without the prior written consent of CITY. B. LEAGUE shall be entitled to access and use of Premises as set forth in the Annual Allocation Schedule (the "Allocation Schedule"). Allocation Schedule shall include all games, practices and other approved activities for the calendar year and shall be submitted in the format as described in Exhibit "C". LEAGUE shall submit the Allocation Schedules to CITY no later than the last day of February on annual basis for approval by the Director of Community Services or his or her designee, which shall not be unreasonably withheld. LEAGUE shall make available the Premises to CITY and other CITY approved organizations at those times and days that the LEAGUE is not utilizing said Premises as further agreed to by the Parties. C. LEAGUE shall provide all furniture, equipment, materials and supplies needed to use and maintain the Premises for the purpose described herein. D. LEAGUE shall not do or permit anything to be done in or about the Premises which will in any way obstruct or interfere with the rights of other Wardlow Park visitors, or injure or annoy them, or use or allow the Premises to be used for any improper, immoral, unlawful, or objectionable purpose. LEAGUE shall not cause, maintain or permit any nuisance in, on, or about the Premises. LEAGUE shall not store any materials or supplies that are considered hazardous including but not limited to chemicals, flammable materials, toxic materials, etc. on the Premises. E. No modifications or improvements shall be made to Premises without prior written consent of CITY. Written consent will not be unreasonably withheld by CITY. CITY may require, as part of consent to modify or improve said Premises, LEAGUE to enter into a 16-5419/143251/DO 2 HB -147-Item 12. - 4 separate agreement with CITY detailing the terms and conditions of said modifications or improvements. F. LEAGUE shall not do or permit anything to be done in or about the Premises, nor bring or keep anything therein which will in any way increase the existing rate of, or affect any fire or other insurance upon the building or any of its contents. 5. SNACK BAR/RESTROOM BUILDING USE AND RESPONSIBILITIES LEAGUE shall be entitled to access and use the snack bar/restroom building ("BUILDING") in support of LEAGUE activities only, with the main purpose of storage of LEAGUE related equipment and supplies, preparing and serving food and beverages during the days and times LEAGUE is utilizing the PREMISES as stated in the Allocation Schedule. LEAGUE shall not use or permit the BUILDING 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. CITY shall have the right to prohibit the sale of any item or article which is objectionable or beyond the scope of the merchandise necessary for proper service to the public. Except as permitted in advance in writing by CITY, all foods and beverages shall be sold in disposable paper or plastic containers. No pull-top cans or styrofoam containers are to be vended or dispensed from the Premises unless pre-approved in writing by CITY. LEAGUE, wherever feasible, shall eliminate the use of non-recyclable containers and plastics. LEAGUE shall acquire and maintain all applicable permits, including Health Department approvals required to operate a food service operation. Flammable or other hazardous materials shall not be stored in the BUILDING. LEAGUE shall be responsible for locking and unlocking the restrooms during all scheduled LEAGUE activities, including all practices and game days. 6. PARKING LEAGUE shall have non-exclusive use of the parking lot for LEAGUE activities. Use of the parking lot for other purposes than to park cars shall be prohibited without prior approval by CITY. 7. IN-KIND SERVICE IN LIEU OF RENT FOR USE OF PREMISES In lieu of paying hourly rent for use of the facility, LEAGUE agrees to perform "in-End" in the form of maintenance and other duties on the premises as described in Sections 9, 10 and 11 and further defined in Exhibit "D" — "In-Kind Service". The value of "in-kind" services performed shall be compared to the potential rent CITY would receive for use of the fields based upon the rental fees for such use as established by Resolution of the City Council. For 16-5419/143251/DO 3 HB -148-Item 12. - 5 comparison purposes, the value of in-kind services shall be valued against the use of the premises as described in the Allocation Schedule on an annual basis. The comparison period shall be January 1, through December 31 of each year the agreement is in effect. On an annual basis, the value of in-kind services shall be equivalent to, or, exceed the amount of rent CITY would receive for the amount of use by LEAGUE. In the event the value of "in-lcind" services is less than the field rental cost, LEAGUE shall pay the difference in the form of rent payment to CITY per the approved fees established by resolution for Charges for Rentals and Recreation Services. Such payment shall be remitted no later than 30 days after the final date of use as stated in the Allocation Schedule. 8. REPAIR AND MAINTENANCE BOND A. LEAGUE shall, at its sole cost and expense, keep the Premises and every part thereof in good condition and repair, damage from causes beyond the reasonable control of LEAGUE and ordinary wear and tear excepted. LEAGUE shall upon the expiration or sooner termination of this Agreement, surrender the Premises to the CITY in good condition, ordinary wear and tear and damage from causes beyond the reasonable control of LEAGUE excepted. CITY shall provide notice to LEAGUE of any deficiency in repair and LEAGUE shall have a reasonable opportunity to cure or correct any deficiency. In the event Premises are not maintained in a good condition, after notice and opportunity to correct, as determined at the sole discretion of the CITY, CITY or a contractor hired by CITY, may enter and perform maintenance or repair. LEAGUE shall maintain a cash deposit or bond (in a form acceptable to the CITY Attorney) surety in the amount of $1,000.00 to assure perfoimance of required maintenance. In the event LEAGUE fails to maintain said Premises, as provided herein, CITY may utilize said surety to pay the cost. Any surety funds used by the CITY shall be renewed by the LEAGUE within fourteen (14) days of withdrawal by CITY. B. LEAGUE shall not be responsible for maintenance and repairs which are caused in whole or in part by the act, neglect, fault or omission of any duty by the CITY or its agents, employees or invitees, in which case CITY shall pay cost of such maintenance and repairs. 9. OTHER IMPROVEMENTS Within 90 days of the execution of this agreement, LEAGUE shall be responsible for constructing a trash bin enclosure on the premises. The enclosure shall be designed to meet all CITY codes and standards and be approved by CITY. LEAGUE shall also be required to contract for refuse service and responsible to pay all charges for such service directly to the provider. 16-5419/143251/DO 4 HB -149-Item 12. - 6 10. MAINTENANCE RESPONSIBILITIES A. LEAGUE agrees to maintain the Premises in good order and repair, at LEAGUE'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 "E", and incorporated herein by this reference. LEAGUE shall also consult with Community Services Director or his/her designee prior to conducting any maintenance or repair beyond the routine maintenance as specified in Exhibit "E" LEAGUE shall submit a maintenance schedule and plan to the CITY in writing no later than the last day of January of each year for review and approval by the Director of Community Services or his/her designee. CITY's maintenance responsibilities shall be limited to maintaining those areas of the park not depicted in Exhibit "B", except that CITY shall be maintenance of the landscape area along the east perimeter of the parking lot. Building related maintenance by CITY shall be limited to all sewer laterals and drain lines and the roof. B. Ballfield and Surrounding Turf Areas — LEAGUE shall repair and maintain landscaping of Premises, including mowing, edging, and chalking, trash removal. In addition, LEAGUE shall be responsible for cost of maintenance and repair of irrigation systems within the PREMISES. C. Parking Lot Area — LEAGUE shall be responsible for custodial maintenance of the parking lot which at a minimum will include removing trash from the parking stalls and drive aisle and the landscape areas surrounding the lot. Snack bar/Restroom Building — LEAGUE will be responsible for all custodial maintenance of BUILDING, including storage and food service areas and restrooms. LEAGUE shall appropriately clean the facility after each use. Food should be stored in a manner to minimize attracting rodents and other pests. Restroom custodial maintenance shall include but not be limited to regular cleaning and stocking of supplies; maintenance of sinks, toilets, plumbing fixtures, stall panels and doors. E. In addition to custodial maintenance, LEAGUE shall be responsible to maintain all interior sewer lines and drain lines in all of the entire facility. LEAGUE shall paint, stain, or seal the Premises' exterior surfaces a minimum of every three (3) years, unless CITY detelmines 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 LEAGUE, at its sole cost and expense, within forty-eight (48) hours of LEAGUE receiving notice thereof or of LEAGUE becoming aware of such graffiti. In addition, with or without notice from CITY, LEAGUE 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, LEAGUE, 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 (14) days after the date such 16-5419/143251/DO 5 HB -150-Item 12. - 7 damage or destruction occurred. LEAGUE, at its sole cost and expense, shall repair and/or replace all other damage or destruction to the Premises, regardless of cause, except by fault of CITY. LEAGUE 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 LEAGUE 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 (1 4) days of the date that the vandalism damage or destruction occurred, CITY shall proceed to cause the required work to be performed, and LEAGUE 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 6 above from the date the costs were incurred by CITY. 11. SPONSORSHIP BANNERS AND SIGNS ON PREMISES Per the general provisions of Zoning Code Section 233.10(M) and Municipal Code Section 13.48.140, LEAGUE shall be permitted to display sponsorship banners and signs within the premises. At its sole and absolute discretion, CITY may request removal of any banner or sign from the premises. 12. COMPLIANCE WITH LAW AND OTHER CITY AGREEMENTS A. LEAGUE shall not use the Premises, or permit anything to be done in or about the Premises, which will in any way conflict with any law, statute, ordinance, or governmental rule or regulation now in force, or which may hereafter be enacted or promulgated. LEAGUE shall at its sole cost and expense, promptly comply with all laws, statutes, ordinances, and governmental rules, regulations, or requirements now in force or relating to, or affecting the condition, use, or occupancy of the Premises, excluding structural changes not related to or affected by LEAGUE's improvements or acts. In addition, LEAGUE will be required to comply with the CITY's ordinance prohibiting the use of Styrofoam products at CITY facilities. LEAGUE is strongly encouraged to use recyclable/ recycled products (i.e. paper coffee cups, etc.). B. In addition, LEAGUE shall comply with all existing CITY agreements with third parties that relate or affect the terms of this Agreement. In the event of a conflict between the terms and conditions of this Agreement and the teims and conditions of prior agreements entered into by the CITY with third parties, the terms of this Agreement are subordinate. CITY will endeavor to make LEAGUE aware of all agreements that the CITY has with third parties that may affect the terms and conditions of this Agreement. 16-5419/143251/DO 6 HB -151-Item 12. - 8 13. ASSIGNMENT AND SUBLETTING LEAGUE shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, or encumber this Agreement or any interest therein, and shall not sublet said Premises or any part thereof, or any right or privilege thereto, or allow any other person (the employees, agents, servants, and invitees of LEAGUE excepted) to occupy or use said Premises, or any portion thereof, without the prior written consent of the CITY. CITY may withhold consent at its sole discretion. 14. SUBROGATION As long as their respective insurers so permit, CITY and LEAGUE hereby mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage and other property insurance policies existing for the benefit of the respective parties. Each party shall obtain any special endorsements, if required by their insurer to evidence compliance with the aforementioned waiver. 15. SERVICES AND UTILITIES CITY agrees to furnish to the Premises water and electricity ("Utility Service") suitable for the intended use of the Premises. CITY shall pay all charges for Utility Service during the term of this Agreement. 16. RULES AND REGULATIONS CITY at its sole discretion may adopt reasonable rules and regulations governing Wardlow Park use. LEAGUE shall faithfully observe and comply with the rules and regulations that CITY may from time to time promulgate. CITY reserves the right from time to time to make all reasonable modifications to said rules. The additions and modifications to those rules shall be binding upon LEAGUE upon delivery of a copy of them to LEAGUE. 17. ENTRY BY CITY CITY reserves and shall at any and all times have the right to enter the Premises, without notice to LEAGUE, for the purposes of inspection, and any other service to be provided by CITY to LEAGUE hereunder, and to alter, improve, or repair the Premises, providing that the business of the LEAGUE shall not be interfered with unreasonably. 16-5419/143251/DO 7 HB -152-Item 12. - 9 18. RECONSTRUCTION A. In the event that the Premises including the Snack bar Building ("BUILDING") of which the Premises are a part are damaged by fire or other perils covered by extended coverage insurance, CITY agrees to forthwi repair the same; and this Agreement shall remain in full force and effect. B. In the event that the Premises or a part are damaged as a result of any cause other than the perils covered by fire and extended coverage insurance, then CITY shall repair the same, provided the extent of the destruction be less than ten percent (10%) of the then full replacement cost of the Premises. In the event the destruction of the Premises is greater than ten percent (10%) of the full replacement cost, then CITY shall have the option: (1) to repair or restore such damage, this Agreement continuing in full force and effect, or (2) give notice to LEAGUE within sixty days (60) of the damage, at which time this Agreement shall expire and all interests of the LEAGUE in the Premises shall terminate on the date so specified in such notice. C. The LEAGUE shall not be entitled to any compensation or damages from CITY for loss of the use of the whole or any part of the Premises, LEAGUE's personal property, or any inconvenience or annoyance occasioned by such damage, repair, reconstruction, or restoration. 19. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS LEAGUE hereby agrees to protect, defend, inderrmify 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 LEAGUE's (or LEAGUE's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement, use of the Premises, or its failure to comply with any of its obligations contained in this Agreement by LEAGUE, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CITY shall be reimbursed by LEAGUE for all costs and attorney's fees incurred by CITY in enforcing this obligation. LEAGUE will conduct all defense at its sole cost and expense and the CITY shall approve selection of LEAGUE'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 the LEAGUE. 16-5419/143251/DO 8 HB -153-Item 12. - 10 20. WO K. RS ° COMPENSATION AND EMPLOYERS LIABILITY INSURANCE LEAGUE acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. LEAGUE covenants that it shall comply with such provisions prior to the commencement of this Agreement. LEAGUE shall obtain and furnish to CITY workers' compensation and employers ° liability insurance in amounts not less than the State statutory limits. LEAGUE shall require all subcontractors and contractors to provide such workers' compensation and employers' liability insurance for all of the subcontractors' and contractors' employees. LEAGUE shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and LEAGUE shall similarly require all subcontractors and contractors to waive subrogation. 21. GENERAL PUBLIC LIABILITY INSURANCE A. In addition to the workers' compensation and employers' liability insurance and LEAGUE's covenant to defend, hold harmless and indemnify CITY, LEAGUE 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 LEAGUE, 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 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 LEAGUE's insurance shall be primary. B. 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. 22. PROPERTY INSURANCE A. LEAGUE shall provide before commencement of this Agreement and shall obtain and furnish to CITY, at LEAGUE's sole cost and expense, property and fire insurance 16-5419/143251/DO 9 HB -154-Item 12. - 11 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 the Premises, all Improvements, Trade Fixtures, personal property whether or not owned or leased by LEAGUE, 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 LEAGUE 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 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 LEAGUE, 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 LEAGUE, 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 this Agreement, 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 LEAGUE 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. B. This policy shall also contain the following endorsements: 1. 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. 23. INCREASE IN 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 17 above and/or property insurance coverage in Section 18 above at that time is not adequate, LEAGUE shall increase the insurance coverage as reasonably required by CITY. 16-5419/143251/DO 10 HB -155-Item 12. - 12 24. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS A. Prior to commencement of this Agreement, LEAGUE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; these certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force. B. LEAGUE shall maintain the foregoing insurance coverage 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 coverage shall not derogate from LEAGUE's defense, hold harmless and indemnification obligations as set forth in this Agreement. 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. LEAGUE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 25. INSURANCE HAZARDS LEAGUE shall not commit or peimit 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. LEAGUE 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. 26. NO TITLE INTEREST No title or property interest of any kind is hereby given and LEAGUE shall never assert any claim or title to the Premises. 27. DEFAULT, REMEDIES A. Default The occurrence of any one or more of the following events shall constitute a default under this Agreement by LEAGUE: 16-54191143251/DO 11 HB -156-Item 12. - 13 1. Non-curable defaults: The vacating or abandonment of the Premises by LEAGUE. b) Any attempted or involuntary transfer of LEAGUE's interest in this Agreement without CITY's prior consent. c) If LEAGUE makes, or has made, or furnishes any warranty, representation or statement to CITY in connection with the Agreement which is or was false or misleading in any material respect when made or furnished. 2. Curable defaults: a.) The failure by LEAGUE to make any payment of rent or any other payment required to be made by LEAGUE hereunder, as and when due, where such failure shall continue for a period of three (3) days after written notice thereof by CITY to LEAGUE, this Agreement shall be terminable at CITY's option. b) The failure by LEAGUE to observe or perform any of the covenants, conditions, or provisions of this Agreement to be observed or performed by the LEAGUE, where such failure shall continue for a period of thirty (30) days after written notice thereof by CITY to LEAGUE; provided; however, that if the nature of LEAGUE's default is such that more than thirty (30) days was reasonably required for its cure, then LEAGUE shall not be deemed to be in default if LEAGUE commences such cure within said thirty (30) day period, and thereafter diligently prosecutes such cure to completion. B. Remedies In the event of any non-curable default or breach by LEAGUE, CITY shall have the right to terminate this Agreement and LEAGUE's right to possession of the Premises, and LEAGUE shall immediately surrender possession of the Premises to CITY. If CITY terminates this Agreement and LEAGUE's right to possession for the Premises, CITY may recover the following from LEAGUE: 1. The worth at the time of award of the unpaid rent which was due, owing and unpaid by LEAGUE to CITY at the time of termination; 16-5419/143251/DO 12 HB -157-Item 12. - 14 2. The worth at the time of the award of the amount by which the unpaid rent for the balance of the Agreement term after the time of award exceeds the amount of rental loss which LEAGUE proves could be reasonably avoided; 3. Pursuing any other remedies now or hereafter available to CITY under the laws or any judicial decision of the state in which the Premises are located. 28. NOTICE All such notices and demands which may or are to be required or permitted to be given by either party to the other hereunder shall be in writing. All notices and demands sent by either party shall be sent by United States Postal Service, postage prepaid, addressed as follows: Director of Community Services Huntington Valley Little League CITY of Huntington Beach P. O. Box 5111 2000 Main Street Huntington Beach, CA 92615 Huntington Beach, CA 92648-2702 29. GENERAL PROVISIONS A. Attorney Fees. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees and costs of suit. B. Waiver. The waiver by CITY of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant, or condition on any subsequent breach of the same or any other term, covenant, or condition herein contained. The subsequent acceptance of rent hereunder by CITY shall not be deemed to be a waiver of any preceding breach by LEAGUE of any term, covenant, or condition of this agreement, other than the failure of the LEAGUE to pay the particular rental so accepted, regardless of CITY's knowledge of such preceding breach at the time of the acceptance of such rent. C. Time. Time is of the essence of this Agreement, and each and all of its provisions in which perfoiniance is a factor. D. Successors and Assigns. The covenants and conditions herein contained, subject to the provisions as to assignment, apply to and bind the heirs, successors, executors, administrators, and assigns of the parties hereto. 16-5419/143251/DO 13 HB -158-Item 12. - 15 E. Quiet Possession. Upon LEAGUE paying the rent reserved hereunder, and observing and performing all of the covenants, conditions, and provisions on LEAGUE's part to be observed and performed hereunder, LEAGUE shall have quiet possession of the Premises for the entire term hereof, subject to all the provisions of this Agreement. F. Prior Agreements. This Agreement contains all of the Agreements of the parties hereto with respect to any matter covered or mentioned in this Agreement, and no prior Agreements or understanding pertaining to any such matters shall be effective for any purpose; no provision of this Agreement may be amended or added to except by an Agreement in writing signed by the parties hereto or their respective successors-in-interest. This Agreement shall not be effective or binding on any party until fully executed by both parties hereto. G. Inability to Perform. This Agreement and the obligations of the LEAGUE hereunder shall not be affected or impaired because the CITY is unable to fulfill any of its obligations hereunder, or is delayed on doing so, if such inability or delay is caused by reason of strike, labor troubles, acts of God, or any other cause beyond the reasonable control of the CITY. H. Severability. Any provision of this Agreement which shall prove to be invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof, and such other provision shall remain in full force and effect. I. Cumulative Remedies. No remedy or election hereunder shall be deemed exclusive but shall, wherever possible, be cumulative with all other remedies at law or in equity. J. Choice of Law. This Agreement shall be governed by the laws of the State of California, with venue in the courts of Orange County. 16-5419/143251/DO 14 HB -159-Item 12. - 16 Mayor By: f City Attorney 1)V...0 1241 \Sio ITIATED AND APPROVED: IN WITNESS WHEREOF, the parties hereto have caused this Amendment to be executed by their authorized officers on HUNTINGTON VALLEY LITTLE LEAGUE, LLC, a California ot-for-profit corporation, ,20 . CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (print or type nr) Its: (circle one) Chairm resident/ Vice President By: 74/14coi Z A (print or type name) Its: (circle one) Secretary/Chief Financial Officer/ Asst. Secretar REVIEWED AND APPROVED: ATTEST: City Clerk APPROVED AS TO FORM: City Manager Director of Community Services 16-54191143251/DO 15 HB -160-Item 12. - 17 EX HIBIT IT A 16-5419/143251/DO HB -161-Item 12. - 18 LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS Exnibit A THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, SAID PARCEL BEING ALL OF LOT "F", TRACT 17239, AS SHOWN ON THE MAP FILED IN BOOK 926, PAGES 19 THROUGH 24 INCLUSIVE OF MISCELLANEOUS MAPS AND A PORTION OF THE LANDS DESCRIBED IN THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH RECORDED 29 NOVEvIBER, 2005 AS DOCUvIENT NUMBER 2005000949175, SAID GRANT DEED DESCRIBING A PORTION OF LOT 86, TRACT 4493, AS SHOWN ON THE MAP FILED IN BOOK 159, PAGES 7 THROUGH 11, INCLUSIVE OF SAID MISCELLANEOUS MAPS TOGETHER WITH A PORTION OF THE NORTHWEST QUARTER, OF THE SOUTHWEST QUARTER, OF SECTION 6, TOWNSHIP 6 SOUTH, RANGE 10 WEST, IN THE RANCHO LAS BOLSAS, AS SHOWN ON THE MAP FILED IN BOOK 51, PAGE 14 OF SAID MISCELLANEOUS MAPS, ALL OF WHICH ARE LOCATED IN THE RECORDER'S OFFICE, OF SAID COUNTY. THE PURPOSE OF THIS LEGAL DESCRIPTION IS TO DESCRIBE A PARCEL FOR A LICENSE AGREEMENT PURPOSES TO BE VADE FOR VAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES, SAID PARCEL VORE PARTICULARLY DESCRIBED AS FOLLOWS: COVNENCING AT THE CENTERLINE INTERSECTION OF viAGNOLIA STREET (100 FEET WIDE) AND PIONEER DRIVE (60 FEET WIDE) AS SHOWN ON THE V AP FOR SAID TRACT 17239, THENCE EASTERLY ALONG THE CENTERLINE OF PIONEER DRIVE, SOUTH 89°33'51" EAST, 208.87 FEET; THENCE NORTHERLY AT RIGHT ANGLES TO SAID CENTERLINE NORTH 00°2609" EAST, 30.00 FEET TO THE TRUE POINT OF BEGINNING, SAID TRUE POINT OF BEGINNING BEING A POINT ALONG THE NORTHERLY LINE OF PIONEER DRIVE, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF LOT 86, OF SAID TRACT 4493, AS SAID SOUTHWEST CORNER WAS ESTABLISHED, PER THE MAP FILED FOR SAID TRACT 17239; THENCE EASTERLY ALONG SAID NORTHERLY LINE, OF PIONEER DRIVE, SOUTH 89°33'51" EAST, 514.27 FEET, TO THE SOUTHEAST CORNER OF LOT "F", OF SAID TRACT 17239; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT "F", NORTH 00°26'09" EAST, 175.04 FEET TO THE BEGINNING OF A CURVE CONCAVE EASTERLY AND HAVING A RADIUS OF 363.00 FEET; HB -162-Item 12. - 19 2 OF 3 Exhibit A (CON -INUED) THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY _INE OF SAID LOT , ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 03°26'26", AN ARC LENGTH OF 21.80 FEET, TO THE BEGINNING OF A REVERSE CURVE CONCAVE WESTERLY, HAVING A RADIUS OF 2600.00 FEET; THENCE NORTHERLY, CONTINUING ALONG SAID EAST LINE AND SAID CURVE THROUGH A CENTRAL ANGLE OF 03°34'27", AN ARC LENGTH OF 162.19 FEET; THENCE NORTHERLY CONTINUING ALONG SAID EASTERLY LINE, NORTH 00°18'08" EAST, 66.52 FEET TO THE NORTHEAST CORNER OF SAID LOT "F"; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT "F", NORTH 89°41'52" WEST, 86.30 FEET TO THE NORTHWEST CORNER OF SAID LOT "F", SAID NORTHWEST CORNER BEING THE SOUTHWEST CORNER OF LOT "G", OF SAID TRACT 17239; THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT "G", NORTH 00°23'18" EAST, 78.99 FEET; THENCE AT RIGHT ANGLES TO SAID WEST LINE, NORTH 89°36'42" WEST, 135.00 FEET; THENCE NORTH 00°27'12" EAST, 99.00 FEET, TO THE SOUTH LINE OF TRACT 6080, AS SHOWN ON THE VIAP FILED IN BOOK 230, PAGES 3 AND 4 OF SAID VISCELLANEOUS MAPS; THENCE WESTERLY ALONG SAID SOUTH LINE OF SAID TRACT 6080 AND CONTINUING ALONG THE SOUTH LINE OF TRACT 6079 AS SHOWN ON THE MAP FILE IN BOOK 222, PAGES 42 AND 43 OF SAID MISCELLANEOUS MAPS, NORTH 89°32'48" WEST, 129.33 FEET; THENCE AT RIGHT ANGLES TO SAID SOUTH LINE SOUTH 00 02712" WEST, 100.00 FEET; LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -163-Item 12. - 20 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/17 Exhibit A (CONTI\UED) THENCE NORTH 89°42'52" WEST, 169.00 FEET, TO THE WEST LINE OF THAT GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 29 NOVEMBER 2005, AS DOCUMENT NUMBER 2005000949175; THENCE SOUTHERLY ALONG THE WEST LINE OF SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH, SOUTH 00°17'08" WEST, 92.24 FEET, TO THE NORTHWEST CORNER OF LOT 86, OF SAID TRACT 4493, PER SAID GRANT DEED TO THE CITY OF HUNTINGTON BEACH; THENCE SOUTHERLY CONTINUING ALONG SAID WEST LINE SOUTH 00°26'09" WEST, 410.47 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 266,462 SQUARE FEET MORE OR LESS (6.12 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. LEGAL DESCRIPTION LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARNENT OF PUBLIC WORKS 3 OF 3i HB -164-Item 12. - 21 EXHIBIT B 16-5419/143251/DO HB -165-Item 12. - 22 Exhib 17-NW'LYCORNER LOT 86, TRACT 4493, 159/7-11, PER (R1) MADELINE DRIVE 2 3 0 / 3 0 I 9 28 Fri ,E1 27 I 2 I 2$ I 6'2. I N 89°32'48" W I I LN_89:3_2'48"_W LR L y-1,29,33' 169.29' L8 SCALE 11n1 FEET 1 inch = 100 ft L7 cis! , > °°,.1 u') 0 5 2 100' c5 50' 50'j m 0 m 169.00' .'LY LINE -TRACT 4493,• ESTABLISHED 192.74' S/0 S'LY LINE TRACTS 6 0 79 AND 6080, PER _ _ 134.89' °3 3° _21 I I 3 3 9 . 9 2.:6 9-2 .4 _ LY CORNER 'LOT "F", PER NE'LY CORNER LOT PER (R) 2005- 00949175 O.R. LINE TABLE, CURVE TABLE, . REFERENCES AND LEGEND. TRUE POINT OF BEGINNING,1 SPrLY LOT CORNER LOT 'LY 86, TRACT 4493, MN!. SE CORNER LOT 159/7-11, PER (R) PER (R). S 89°33'51" E, 514,27' ( 100 50 dRAPH d dALE 100 200 N 89°33'51" W (R) PIONEER DRIVE POINT OF COMMENCEMENT CENTERLINE INTERSECTION MAGNOLIA STIRH-E_ Plat LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -166-Item 12. - 23 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/17 2 OF 2 A, -...- r Exhibit B (CONTI\UED) \ LINE TABLE: L1= S 8933'51" E, 208.87' (R) L2= N 00°26'09" E, 30.00' (R) L3= N 00°18'08" E, 66.52' (R) L4= N 89°41'52" W, 86.30' (R) L5= N 00°23'18" E, 78.99' L6= N 89°36'42" W, 135.00' L7= N 00°27'12" E, 99.00' L8= S 00°27'12" W, 100.00' L9= S 0017'08" W, 92.24' L10= N 89°32'48" W, 210.00' (R) CURVE TABLE: Cl A= 03°26'26", RAD= 363.00', L= 21.80' REFERNCES: (R) = RECORD PER TRACT 17239, FILED IN BOOK 926, PAGES 19 THROUGH 24 INCLUSIVE OF M.M. (R1) = RECORD PER THE GRANT DEED TO THE CITY OF HUNTINGTON BEACH, RECORDED 29 NOVEMBER, 2005 AS DOCUMENT NUMBER 2005000949175. LEGEND: = LICENSE AGREEVENT AREA FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CONTAINING 266,462 SQ FT VORE OR LESS (6.12 ACRES). Plat LICENSE AGREEMENT FOR MAINTENANCE AND USE AREA FOR YOUTH SPORTS PURPOSES CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -167-Item 12. - 24 EXHIBIT C 16-5419/143251/DO HB -168-Item 12. - 25 "C" Annual Allocation Schedule - Wardlow Park 2017 Field Usage (includes hours of use for all scheduled games, practices or other events such as ceremonies, picture day, etc.): January: Fields: Games o Practices 72 Other 12 February: Fields: Games 24 Practices 224 Other 8 March: Fields: Games 204 Practices 96 Other April: Fields: Games 224 Practices 32 Other May: Fields: Games 152 Practices 32 Other June: Fields: Games o Practices 36 Other July: Fields: Games o Practices o Other August: Fields: Games o Practices o Other September: Fields: Games 32 Practices 64 Other October: Fields: Games 32 Practices 64 Other November: Fields: Games 16 Practices 32 Other HB -169-Item 12. - 26 xli ibit "C" 6,1 ua Allocation Schedule = Wardlow Park 2017 December: Fields: Games Practices Other Total hours of use: 130 Maintenance: Please describe typical maintenance activities and indicate major or special maintenance activities such as turf aeriation, skimming infields, etc. showing approximate month of occurrence and associated cost HB -170-Item 12. - 27 EXHIBIT D 16-5419/143251/DO HB -171-Item 12. - 28 EXHIBIT In-Kind Services = Wardlow Park 2017 TASK HRS AL COST 23/wk $18,000 Contracted Maintenance — Weekly Trash removal, empty trash cans, blow and remove leaves, water non-irrigated areas, partial mowing, edge all grass, weed abatement, misc. maintenance, pin drag all fields, infield conditioning, irrigation check and minor repairs 9/wk $4,860 Volunteer Maintenance-Weekly (At value of $10/hr) Mowing and misc. maintenance Irrigation Maintenance and Improvements Most improvements are made in July and August, but repairs are made as needed Fertilizer, Grass Seed and Turf All fields are reseeded, repaired and fertilized in December and January Turface Infield Conditioner and Infield Dirt $7,415 $1,479 $4,305 Infield dirt and conditioner are added in February and fields are re-leveled Field Maintenance Supplies $3,888 Includes all weed killers, rodent abatements, tools, graffiti removal, paint, hoses and other miscellaneous supplies used or replaced throughout the year Tractor and Mower Fuel and Maintenance $578 $2,442 Field Striping Supplies HB -172-Item 12. - 29 EXHIBIT In-Kind Services -- Wardlow Park 2017 TASK COST Field Dragging, Watering and Striping ($10 per hour) $5,280 448 total hours of work are completed (32 volunteer hours a week during 14 weeks) in February, March, April and May 80 total hours of work are -completed (8 volunteer hours a week during 10 weeks) in September, October and November Tree Trimming $1,075 Completed in November or December Locksmith $1,351 Locks are rekeyed in January Field Aeration $1,200 Completed biannually by volunteers in January and July Infield Fringe Skimming $1,700 Completed annually by volunteers in January Field Maintenance Day Volunteers ($10 per hour) $6,480 648 hours of work are completed by 162 volunteers each working for 4 hours in February GRAND TOTAL $59,876 HB -173-Item 12. - 30 EXHIBIT E 16-5419/143251/DO HB -174-Item 12. - 31 EXHIBIT "E" WARDLOW PARK QUARTELY MAINTENANCE CHECKLIST Date Inspected: ITIVLL Representative: By: AREA GENERAL GROUNDS Turf Fencing Backstops Netting Storage Areas Irrigation Trash Enclosure Parking Lot Banners/Signage Other 0.K NEEDS ATTENTION '7•7M-1,37 ,frfi SNACKBAR/RESTROOM BUILDING Doors and Locks Exterior Walls Interior Walls Equipment Windows/Trim Roof Restroom Sinks Restroom Stalls/Urinals Storage Areas HB -175-Item 12. - 32 , 000, 000 •tit. *0 1,H0( *** .$1 ,000,000 UOU, 000 1,000,000 1,000,000 $100,000 PER LEAGUE AGGREGATE ' $100,000 PER LEAGUE SUBLIMIT OF LIABILITY $1,000 PER LEAGUE RETENTION REGULATORY ACTION SUBLIMIT OF I $100,000 PER LEAGUE SUBLIMIT OF LIABILITY 7 000 PER LEAGUE RETENTION $100,000 PER LEAGUE SUBLIMIT OF LIABILITY 1,000 PER LEAGUE RETENTION .08720 /2017 1/01/201 POLICY INCEPTION NOT APPLICABLE EACH LOSS Crime Deductible: $250 Property/$1,000 Money AGGREGATE NONE As In Master PoliGy: Med. Max. $100,000 eductlble $50 As in Master Policy Excess RG9105434 /2017 it r.) A ED FOR ADDITIONAL NAMED INSURED CONTINUITY DATE POLICY INCEPTION POLICY INCEPTION Keystone Risk Managers, LLC 1995 Point Township Drive Northumberland, PA 17867 ADDITIONAL NAMED iNSURED: HUNTINGTON VALLEY LL TIM STONE. 18891 CLEARVIEW LANE HUNTINGTON BEACH NSURERS AFFORDING COVERAGE: INSURER A: Lexington Insurance Company INSURER B: National Union Fire Insurance Company of (Non-Liability) Pittsburgh, PA INSURER C: AIG Specialty Insurance Company CA 92648 CERTIFICATE OF ABILITY INSURANCE RTIFICATE #: SATE (MINIKIDNY) 1./21/16 4056203-1. 4 OS 62 COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ADDITIONAL INSURED Who is an Insured (SECTION II) of the General Liability policy is amended to include as an insured the person or organization shown In the schedule, but only with respect to liability arising out of the above named Little League's maintenance or use of ball fields, or other premises loaned, donated, Of rented to that Little League by such person Of organizations and subject to the following additional exclusions: 1. Structural alterations, new construction, maintenance, repair or demolition operations performed by or on behalf of the person or organization designated In the Schedule and/or Performed by the above named Little League; and 2. That part of the ball field or other premises not being used by the above named Little League, NAME AND ADDRESS OF PERSON OR ORGANIZATION: 1, HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 2. FOUNTAIN VALLEY SCHOOL DISTRICT 3. HUNTINGTON BEACH CITY SCHOOL DISTRICT 4, CITY OF HUNTINQTON BEACH, ITS AGENTS, OFFICERS) E11PLOVEESI ELECTED OR APPOINTED OFFICIALS AND VOLUNTEERS S. COAST COMMUNITY COLLEGE DISTRICL Ire COLLEGES, BOARD OF TRUSTEES, OFFICERS 4 AGENTS, REPRESENTATIVES AND J EMPLOYEES 6. CITY OF FOUNTAIN VALLEY NSURED Little League Baseball Risk Purchasing Group, Inc. 539 U.S. RT. 15 Highway South Williamsport, PA 17702 APPROVED AS TO FOR 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 re-'MICHAEL E. GATES 1— v- CITY ATTORNEY CITY OF HUNTINGTON BEACH HB -176-Item 12. - 33 POLICY NUM E : 011225818 CO CAL GENER1,L. LIABILITY CG 20 26 4 13 THIS ENDO 77 7...,77`.' NGES THE POLICY. P:=7....73E READ IT CAREFULLY. ..IDITIO INSURED DESIGNATED PERSC,N OR ORGANIZATIOI; This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of Huntington Beach, Its Officers, Elected or Appointed Officials, Employees, Agents and Volunteers 2000 Main Street Huntington Beach, CA 92648 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section ll — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for ''bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: 1. In the performance of your ongoing operations; Or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 26 04 13 C. Insurance Services Office, Inc., 2012 Page 1 of 1 HB -177-Item 12. - 34 rC TY OF HUNTINGTON I. 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Company Name: T-Try\ Address: 076, Applicant ---7-17 141 Applicant's Signature: Title: Date Signed: / 5/i (76:k t) ti Pitn 6t--t1 14. Telephone Number: HB -178-Item 12. - 35 Signature of Permittee CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 DECLARATION OF PERMITTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or event(s) if any vehicle(s) is used. Print name Company name (if applicable) 1/7(A, , e -11 Date signed 16407 EXHIBIT 1 HB -179-Item 12. - 36 City (7.f comi, HUNTING a ur4 BEACH Event Date: January - December Ben I Perm Time: From eam To 8pm Applicant Name: Tim Stone 714-401-768$ Orgai:-:ation: Huntington Valley Little League ,-! !] same A1dress:19761 Magnolia Street Huntington Beach, CA 92648 '1 NUMBER STREET CITY STATE ZIP Type of Perniit E Request for Use of Facilities LOCATION X Special Use Permit Baseball games and practice DESCRIPTION Type of Event: Baseball Little League Additional Information: Number of Partc:Ipants: 700 NOTE: A $10 fee will be charged to cancel a reservation or to change a date. Cleaning fees may be returned if facility is left clean and free of damage. If other expenses occur not covered herein, additional charges will be made accordingly. I agree to abide by all laws, rules and regulations which may apply to thi -area. I accept specific responsibility for other members of my group anda/ dama cl city property au4or facilities. DATE Fees Required O Reservation Li Cleaning O Filing O Insurance Return Perm!*. To: O Facility O Lighting 0 Staff O No Fees Required Community Services Department, 2000 Main Street, Huntington Beach, CA 92648-2702 eep a copy of this permit with you in case of questioning by an official. For City Use Only Total Fees Paid $ Receipt # Received by: Issued by: Approved by: COPIES TO: 0 HB POLICE 0 BEACH SUPERVISOR 0 MARINE SAFETY 0 COM SERV ADMN. 0 PARK MAINT CAThe Stone NetworldTim's Personal Files\FIVLL Personal Board docs\2016-2017\Special Permit.docx HB -180-Item 12. - 37 Dept. ID CS 17-006 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: The Non-Exclusive License Agreement with the Children’s Bureau of Southern California to operate the Oak View Center will expire on June 30, 2017, and there is a need to renew the contract to continue operation without interruption. Financial Impact: Not applicable Recommended Action: Approve and authorize the Mayor and the City Clerk to execute the “Non-Exclusive License Agreement Between the City of Huntington Beach and Children’s Bureau of Southern California” for the operation of the Oak View Center. Alternative Action(s): A) Close the Oak View Center; or B) Direct staff to negotiate alternate terms and conditions with the Children’s Bureau; or C) Direct staff to negotiate an agreement with another non-profit agency for the operation of the Oak View Center. Analysis: In 2003, City Council approved a Non-Exclusive License Agreement for operation of the Oak View Center by the Children’s Bureau of Southern California (Children’s Bureau). For the past fourteen years, Children’s Bureau has successfully operated the center according to the scope of work outlined in Section 4 of the previous agreement. W ith City Council approval of this Non-Exclusive License Agreement (Attachment 1), Children’s Bureau will continue to operate the Oak View Center as outlined in Section 4 of the attached agreement beginning July 1, 2017, through June 30, 2020. The agreement will automatically renew on July 1, 2020, for one additional three-year term to expire on June 30, 2023. The Children’s Bureau has applied for $55,000 in Community Development Block Grant Funding for FY 2017/18. Note: There are no substantive changes to the agreement. The Children’s Bureau is a 501(c)(3) non-profit agency whose mission is to provide children and family services both directly and through collaboration with other non-profit and governmental CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a Non-Exclusive License Agreement with Children’s Bureau of Southern California for the operation of the Oak View Center located at 17261 Oak Lane HB -181-Item 13. - 1 Dept. ID CS 17-006 Page 2 of 2 Meeting Date: 6/5/2017 agencies. Since beginning operation of the community center in 2003, the Oak View Center has been providing family services and recreational activities for the Oak View community. The agreement has fostered a good working relationship between the two agencies with the City overseeing the Oak View Task Force, and the Community Services Department providing oversight and coordination of the Children’s Bureau agreement. The basic terms and conditions of the Children’s Bureau agreement, outlined in Section 4 of the agreement, include the City’s continued maintenance of the interior and exterior of the Oak View Community Center facility with Children’s Bureau providing family services and after school recreation programming. The agreement contains the standard cancellation language that allows the Children’s Bureau to cancel the agreement with 30 days notice if anticipated federal or state funding is unsuitable or not available to implement the agreement. The City may also cancel the agreement with 30 days notice at its discretion. The Children’s Bureau has provided the required insurance and documentation of 501(c)(3) non-profit status. Staff is recommending City Council approve the agreement so that services can continue with the Oak View neighborhood. Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1. Non-Exclusive License Agreement Between The City of Huntington Beach and Children’s Bureau of Southern California HB -182-Item 13. - 2 NON-EXCLUSIVE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA THIS NON-EXCLUSIVE LICENSE AGREEMENT (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("Licensor"), and CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation (Licensee). WHEREAS, Licensee represents and warrants that it is a California nonprofit corporation that wishes to operate programs and activities in recreation and human services at the Oakview Community Center, and that there are no lawsuits or claims against it or any of its employees, agents or volunteers, for negligence, violations of law or misconduct; and Licensee desires to use Licensors real property located at 17261 Oak Lane, in Huntington Beach, for recreation and human services programs; and Licensor has relied on Licensee's above representation and warranties as a basis for entering into this Agreement and on that basis desires to allow such use. NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: I. PREMISES AND PERMISSION TO USE Licensor owns the real property located at 17261 Oak Lane, Huntington Beach, California, known as the Oakview Community Center, whose legal description is set forth in Exhibit "A" and whose location is depicted in the map provided in Exhibit "B" (the "Premises"), which are attached hereto and fully incorporated herein. Licensor grants to Licensee a non- exclusive license to provide and operate a community center program on the Premises. The non- exclusive license granted herein is conditioned on Licensee operating the community center 17-5634/151163/DO 1 HB -183-Item 13. - 3 program discussed herein, and does not require Licensee to make the premises available for non community center programs as outlined in Section 4. The right and permission of Licensee is subordinate to the prior and paramount right of Licensor to use the Premises for public purposes to which it is now and may, at the option of Licensor, be devoted. Licensee undertakes and agrees to use the Premises and to exercise this license at all times in such manner as will not unreasonably interfere with the full use and enjoyment of the Premises by Licensor. Licensee hereby acknowledges title to the Premises is vested in Licensor and agrees never to assail or resist the same, and further agrees that Licensee's use and occupancy of the Premises shall be referable solely to the permission herein given. Licensee agrees to obtain prior written approval from Licensor before any alteration or expansion of the Premises. 2. SUPERSEDING OF PRIOR AGREEMENT This Agreement shall supersede and replace any existing agreement(s) for the Premises currently entered into by and between the parties and all supplemental agreement(s) entered into by and between the parties regarding the existing agreement(s). 3. CONTRACT ADMINISTRATOR Licensor's Director of Community Services, or his/her designee, shall be the Licensor's Contract Administrator for this Agreement with the authority to act on behalf of Licensor for the purposes of this Agreement, and all approvals and notices required to be given herein shall be so directed and addressed. 4. LICENSEE'S RESPONSIBILITIES FOR OPERATING A COMMUNITY CENTER PROGRAM Licensee shall do all of the following: 17-5634/151163/DO 2 HB -184-Item 13. - 4 (a) Ibtain and maintain any governmental licenses, permits and approvals required to License o operate a communi enter program on the Premises; (b) Provide fully qualified staff and instructors for a community center program in accordance with any applicable governmental requirements; Provide any equipment, supplies and materials required to operate the community center program; (d) Immediately notify Licensor in writing of any lawsuits, citations or claims against Licensee or any of its employees, agents or volunteers for negligence, violations of law or misconduct; (e) Provide an after school, drop-in, recreation program during the following times: 2:00 p.m. - 5:00 p.m. Monday through Friday; (0 Provide a family resource center, which should offer youth and teen programs, counseling services and parent education classes; (g) Upon the delivery of United States Department of Agriculture commodities, provide the distribution of such commodities to the community; (h) Attend regularly scheduled meetings of the Oakview Task Force; (i) Coordinate with Oakview Elementary School for the use of the Premises for awards, arts programs and parent presentations; (j) Provide the use of the Premises free of charge for the Adult Literacy Program in coordination with the Oakview Branch Library; (k) Provide the Premises free of charge to Ocean View High School for monthly student and parent meetings; 17-5634/151163/DO 3 HB -185-Item 13. - 5 (1) Provide recreation and social activities, as necessary, to meet community needs in the Oakview area, subject to Licensee's ability to obtain liability insurance for such activities at commercially reasonable rates; and (m) Obtain Licensors written approval for any material modifications or changes to Sections 4(a) through (n) above. Licensee's obligation to provide the above-referenced services is contingent upon Licensee receiving adequate funding from City for operating programs at the Oakview Community Center which are mutually agreed to by the parties to this Agreement. Notwithstanding the foregoing, City is under no obligation to provide any additional funding to Licensee should City, in its sole discretion, choose not to do so. 5. LICENSORS RESPONSIBILITIES Licensor shall be responsible for providing to Licensee the Premises for Licensee to provide all services required in Section 4 herein. In addition, Licensor shall act on behalf of Licensee to obtain CDBG funding for Licensee's programs as stated in Section 4 herein. Licensor shall provide the exterior and interior building and grounds maintenance as outlined in Section 19 herein. Licensor shall be responsible for all maintenance of outdoor facilities at the Premises, including the play equipment, skateboard park and athletic fields. Licensor shall provide oversight of Licensee's programs through the Licensor's Community Services Department. Licensor shall coordinate the meetings of the Oakview Task Force. 6. LICENSE FEE Licensee shall pay Licensor One Dollar ($1.00) per year for use of the Premises (the "License Fee"). 17-5634/151163/DO 4 HB -186-Item 13. - 6 7. TIME OF ESSENCE Time shall be the essence of this Agreement and each and all of its terms, covenants or conditions in which performance is a factor. 8. TERM This Agreement shall commence at 12:01 a.m. on July 1, 2017 and shall expire at 11:59 p.m. on June 30, 2020, unless sooner terminated or extended, as provided for herein. This Agreement shall automatically renew on July 1, 2020 for one additional three-year term to expire at 11:59 p.m. on June 30, 2023, unless either party, by December 31, 2019, gives the other party written notice of its intent not to renew for the additional term. 9. NON-POSSESSORY INTEREST Licensor retains full possession of the Premises and any improvements or personal property owned by Licensor on the Premises. Licensee will not acquire any interest in the Premises, improvements or property, either temporary, permanent, irrevocable, possessory or otherwise, by reason of this Agreement or by the exercise of the permission given herein. Licensee shall make no claim to any such interest. Any violation of this provision by Licensee will immediately void and terminate this Agreement. 10. NON-RECORDING Licensee shall not record this Agreement. 11. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS AGREEMENT Licensee hereby agrees to protect, defend, indemnify and hold harmless Licensor, 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 17-5634/151163/DO 5 HB -187-Item 13. - 7 of any kind or nature) arising out of or in connection with (I) 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 any act or omission of Licensee, its officers, employees or agents, or (3) Licensee's (or Licensee's agents and/or sublicensee, if y) 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 Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor 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. 12. 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 Licensor workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Licensee shall require all its sublicensees and contractors to provide such workers' compensation and employers' liability insurance for all of the sublicensees' and contractors' employees. Licensee shall furnish to Licensor a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Licensee shall similarly require all sublicenses and contractors to waive subrogation. 17-5634/151163/DO 6 HB -188-Item 13. - 8 13. GENERAL PUBLIC_LIABILITY INSURANCE In addition to the workers compensation and employers' liability insurance and Licensee's covenant to defend, hold harmless and indemnify Licensor, Licensee shall obtain and furnish to Licensor, 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 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 Licensor, 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. 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. 14. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencement of this Agreement, Licensee shall furnish to Licensor certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; these certificates shall: 17-5634/151163/DO 7 HB -189-Item 13. - 9 (a) provide the name and policy number of each carder 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 Licensor; however ten (10) days° prior written notice in the event of cancellation for nonpayment of premium Licensee shalt 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. Licensor 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. 15. 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 earner providing any insurance policy for the Premises or required by this Agreement necessary for the continued maintenance of these policies at reasonable rates. 16. HAZARDOUS SUBSTANCES 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 17-5634/151163/DO 8 HB -190-Item 13. - 10 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 Premises, 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 re mediate any such Hazardous Substance resulting from or caused by Licensee's or any of its agent's use of the Premises and/or the performance of this Agreement by Licensee or any of its agents. Licensee further agrees to protect, defend, indemnify and hold harrnless Licensor, 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 attorneys fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of Licensor. Licensee will conduct all defense at its sole cost and expense and Licensor 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 promulgated in the future, as such law, regulation or rule may be amended from time to time; and it shall be 17-5634/151163/DO 9 HB -191-Item 13. - 11 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, 17, 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. Licensee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by Licensor, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose 17-5634/151163/DO 10 HB -192-Item 13. - 12 of nvestigation to ascertain compliance with this Section. Licensor 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, Licensor shall have the right to terminate this Agreement, and any loss of revenue sustained by Licensor by reason thereof shall be borne and paid for by Licensee, at Licensee's sole cost and expense. 18. RELOCATION AND ASSISTANCE In the event this Agreement is terminated for any legal reason by Licensor, Licensee shall not be entitled to any relocation rights or benefits and expressly waives such benefits and rights under local, State or Federal relocation assistance plans. 19. CARE OF PREMISES Licensor shall do all of the following: (a) Licensor shall be solely responsible for all exterior maintenance including landscaping; and (b) Licensor shall be solely responsible for non-custodial interior maintenance excluding modifications made to any office, voice or data equipment to accommodate the Children's Bureau Family and Community Center Program. Licensee shall do all of the following: 17-5634/151163/DO 11 HB -193-Item 13. - 13 (a) Licensee solely responsible for all interior custodial maintenance of the Premises and the community center program, (b) Licensee shall not obstruct, cause or permit any obstruction surrounding the Premises or any part thereof in any manner whatsoever; and (c) Licensee shall comply with all written notices served by Licensor with regard to the care and maintenance of the Premises. Licensor may provide written notice specifying the work to be done, the estimated cost of such work and the period of time deemed to be reasonably necessary for completion of such work. Should Licensee fail to comply with Licensors written notice within fifteen (15) days, or within a time deemed reasonably necessary of the time specified therein, Licensee shall immediately pay over to Licensor the estimated cost of such work as set forth in the notice. Upon receipt of such sum, Licensor shall then proceed to cause the required work to be performed. 20. INSPECTION OF PREMISES Without advance notice given by Licensor to Licensee, Licensee shall permit Licensor or Licensors 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 performing other lawful acts that may be necessary to protect Licensors interest in the Premises or to perform Licensors duties under this Agreement. Licensor also shall have the right in its sole discretion to perfoi in any and all work of any nature necessary for the preservation, maintenance and operation of property owned, controlled or occupied by Licensor. Licensee shall be given reasonable notice when such work becomes necessary, and Licensee shall adjust its operations on the Premises in such a manner that Licensor may proceed expeditiously. 17-5634/151163/DO 12 HB -194-Item 13. - 14 21, LICENSORS OPTION TO CLOSE THE PREMISES Licensor may close the Premises without liability and without advance notice to Licensee therefore at any time as Licensor in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by Licensor in its sole discretion. 22. PUBLIC NECESSITY Licensor may, upon twenty-four (24) hours notice in writing to Licensee, suspend or revoke this Agreement without liability to Licensee when public necessity so requires, or suspend operation immediately hereunder temporarily in the event of public emergency, as may be determined by the City Manager in his or her sole discretion. Such suspension will terminate when the public necessity or emergency no longer exists. 23. PAYMENT OF UTILITY CHARGES Licensee shall pay, and hold Licensor and the property of Licensor free and harmless from, all charges for telephone services on the Premises during the entire term of this Agreement or any renewals or extensions thereof. Licensor shall provide for all charges for the furnishing of gas, water, electricity and other public utilities for the Premises, and for the removal of garbage and rubbish from the Premises. 24. REAL PROPERTY TAXES All real property taxes levied or assessed against the Premises by any governmental entity shall be timely paid by Licensor. 17-5634/151163/DO 13 HB -195-Item 13. - 15 25. PERSONAL PROPERTY TAXES AND BUSINESS LICENSE Licensee shall timely pay all taxes, assessments, or other charges levied or imposed by any governmental entity on the trade fixtures and other personal property placed by Licensee in, on, or about the Premises including, without limiting the generality of the other terms used in this Section, any shelves, counters, partitions, fixtures, machinery and equipment, brought on the Premises by Licensee. Licensee shall also maintain a business license from Licensor. 26. 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 community center program. Upon request, Licensee shall promptly furnish to Licensor satisfactory evidence establishing such payment. 27. 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 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 Licensor. Licensee shall deliver to Licensor a copy of any notice from any governmental entity received by Licensee regarding any alleged violation of law regarding the Agreement or Premises or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Premises. The judgment of any court of competent jurisdiction, or the admission by 17-5634/151163/DO 14 HB -196-Item 13. - 16 Licensee in a proceeding brought against Licensee by any go - y-, that Licensee has violated any such statute, ordinance, regulation or requirement snail be conclusive as between Licensor and Licensee and shall be grounds for termination of this Agreement by Licensor, 28. 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. 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. 29. LIENS Licensee shall not permit any mechanics or materialmens° or other liens to stand against the Premises by reason of any use or occupancy by Licensee, or any person claiming under Licensee. If Licensee desires to contest or withhold any payment which would lead to the placement of any liens or contest any such liens, then prior to commencing such contest and withholding, Licensee shall furnish Licensor with a bond to secure the payment of such obligation and obtain Licensor's prior written approval of the bond. 30. NO CONDEMNATION VALUE TO LICENSEE If any property described herein or hereinafter added hereto is taken in eminent domain, the entire award shall be paid to Licensor. This Agreement shall have no condemnation value to Licensee. 31. TERMINATION Licensor may terminate this Agreement at any time with or without cause, upon thirty (30) days prior written notice to Licensee. Licensee may terminate this Agreement in the 17-5634/151163/DO 15 HB -197-Item 13. - 17 event its anticipated federal or state funding for support of the community center program becomes unsuitable or is otherwise terminated or if Licensor fails to provide the funding to Licensee identified in Section 4 above, upon thirty (30) days prior written notice to Licensor, 31 HOLD OVER Should Licensee hold over and continue in possession of the Premises after expiration of the term of this Agreement or any extensions or renewals thereof, Licensee's continued occupancy of the Premises shall be considered a month-to-month license subject to all the terms and conditions of this Agreement, 33. INSTALLATION AND REMOVAL OF TRADE FIXTURES Licensee shall provide any equipment, supplies and materials required to operate the community center program. In addition, Licensee shall have the right at any time and from time to time during the term of this Agreement and any renewal or extension thereof, at Licensee's sole cost and expense, to install and affix in, to, or on the Premises such items, herein called "trade fixtures," for use in Licensee's trade or business as Licensee may, in its discretion, deem advisable. Any and all such trade fixtures that can be removed without structural damage to the Premises or any building or improvements on the Premises shall, subject to Section 34 of this Agreement, remain the property of Licensee and may be removed by Licensee at any time prior to the expiration or sooner termination of this License. 34. RESTORATION AND SURRENDER OF PREMISES/TITLE TO IMPROVEMENTS On expiration or termination of this Agreement, Licensee shall, without compensation to Licensee, promptly surrender and deliver the Premises to Licensor in as good condition as such were at the commencement date of this Agreement, reasonable wear and tear 17-5634/151163/DO 16 HB -198-Item 13. - 18 excepted. Licensee also shall, without compensation to Licensee, surrender all improvement Licensor in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Licensee also shall remove all of its trade fixtures and other personal property. Licensor 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 Licensor may require Licensee to remove all or any portion of such improvements, at Licensee's own risk and cost and expense; or Licensor may itself remove or have removed all or any portion of such improvements, at Licensee's own risk and cost and expense. If required by Licensor to do so, in removing any such improvements, Licensee shall restore the Premises as nearly as possible to the conditions existing prior to their installation or construction. AU such removal and restoration shall be to the satisfaction of Licensor 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 licensee after expiration or termination of the Agreement until the time Licensee completes this removal and restoration work, including, without limitation, the removal of all of its trade fixtures and other personal property left on the Premises. In addition, all of Licensee's trade fixtures and other personal property left on the Premises after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Licensee. In Licensor's sole discretion, it may choose to do one or more of the following: (I) take any or all of such trade fixtures and other personal property as Licensor's property; (2) store any or all of such trade fixtures and other personal property 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 and other personal property without any liability to Licensee. In addition, Licensee's indemnification, hold harmless 17-5634/151163/DO 17 HB -199-Item 13. - 19 and defense obligations set forth in this Agreement shall apply to such trade fixtures and/or other personal property, and to Licensors action with respect thereof. 35 DEFAULT BY LICENSEE Should Licensee default in the performance of any of the terms, conditions, or obligations contained in the Agreement, Licensor may, in addition to the remedies specified herein, re-enter and regain possession of the Premises in the manner provided by the laws of the State of California then in effect. 36. INSOLVENCY OF LICENSEE The insolvency of Licensee as evidenced by a receiver being appointed to take possession of all or substantially all of the property of Licensee, or the making of a general assignment for the benefit of creditors by Licensee, or the filing of a petition in bankruptcy shall terminate this Agreement and entitle Licensor to re-enter and regain possession of the Premises. 37. CUMULATIVE REMEDIES The remedies given to Licensor in this Agreement shall not be exclusive, but shall be cumulative and in addition to all remedies now and hereafter allowed by law or elsewhere provided in this Agreement. 38. NO ASSIGNMENT This Agreement is personal to Licensee, and Licensee shall not assign, transfer or sell this Agreement or any privilege hereunder in whole or in part, and any attempt to do so will be void and confer no right on any third party. 39. WAIVER OF DEFAULT The waiver by Licensor 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 17-5634/151163/DO 18 HB -200-Item 13. - 20 Licensee either of the same or another provision of this Agreement. 40. CONSENT When Licensors 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. 41. FORCE MAJEURE - UNAVOIDABLE DELAYS Should the performance of any act required by this Agreement to be performed by either Licensor 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 perfoiniance of any act rendered difficult solely because of the financial condition of the party, Licensor or Licensee, required to perform the act. 42. 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 (c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that Licensor and Licensee, by 17-5634/151163/DO 19 HB -201-Item 13. - 21 notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: LICENSOR: LICENSEE: City of Huntington Beach Children's Bureau of Southern California Attn: Director of Community Services 50 South Anaheim Boulevard, Ste. 241 2000 Main Street Anaheim, CA 92805-2961 Huntington Beach, CA 92648 43, BINDING ON IIEIRS AND 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, sublicensces or other transferees. The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, sublicensees or other transfers hereinbefore set forth, or (2) Licensor's consent thereto. 44. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the termination or expiration of this Agreement, shall so survive. 45. WAIVER OF CLAIMS Licensee hereby waives any claim against Licensor, 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. 17-56341151163/DO 20 HB -202-Item 13. - 22 46. CONFLICT OF INTEREST Licensee warrants and covenants that no official or employee of Licensor, nor any business entity in which an official or employee of Licensor 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 Licensor, In the event Licensor 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 Licensor, Licensee, upon request of Licensor, shall terminate such employment immediately. For default or violation of this Section, Licensor shall have the right both to terminate this Agreement without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of Licensor shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 47. 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 Licensor. Licensee shall secure at its expense, and be responsible for all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions of Licensee and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 48. LEGAL SERVICES SUBCONTRACTING PROHIBITED Licensee and Licensor agree that Licensor is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside 17-5634/151163/DO 21 HB -203-Item 13. - 23 the scope of s- ._ den Licensee understands that pursuant to Huntington Beach City Charter Section 3 , the City Attorney is the exclusive legal counsel for Licensor; and Licensor shall not be liable for payment of any legal services expenses incurred by Licensee, 49, 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. 50. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 51. 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 17-5634/151163/DO 22 HB -204-Item 13. - 24 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 sly , rail, 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. 52. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 53. MEDIATION Before either of the parties files a lawsuit regarding a dispute with respect to this Agreement, the parties will attempt to resolve any such dispute through mediation. The parties shall mutually select a third-party mediator and share the costs of such mediator. 54. 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. 55. 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. 17-5634/151163/DO 23 HB -205-Item 13. - 25 56. 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 licensing of the Premises to Licensee, or the 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 17-5634/151163/DO 24 HB -206-Item 13. - 26 19 CA. Ca_ -Ce(2 APPROVED AS TieWORM: City Attorney D4o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on LICENSEE: CHILDREN'S BUREAU OF SOUTHERN CALIFORNIA, a California nonprofit corporation By: 44 P44-v -4-- print name ITS: (circle one) Chairm Presideilt/Vice President AND print name ITS: (circle one) Secretary/Chinc Officer/Asst. Secretary — Trearur , 2017. LICENSOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Community Services REVIEWED AND APPROVED: City Manager 17-5634/151163/DO 25 HB -207-Item 13. - 27 Exhibit The premises is commonly known as 17261 Oak Lane, Huntington Beach, CA 92647, whose southwest corner is located approximately 100 feet south and 125 feet west from the most northeasterly corner of Orange County assessor's parcel 165-241-37, see Exhibit "B", More specifically described as: The north 430.00 feet of the south 1090.00 feet of the east 460.00 fees of the east half of the Southwest Quarter of the Northeast Quarter of Section 26, Township 5 South, Range 11 West, as shown on a map recorded in Book Si, page 13, Miscellaneous Maps, Records of Orange county. Expecting therefrom the north 330.00 feet of the west 263.56 feet. 17-56341151163/DO 26 HB -208-Item 13. - 28 =NW JO ALM Is gal Si r. P. 93736,10 NI MOM mamma I WV 4101113sur It &VMS* fo- I Ot'er WI- NOV IIVOMK AVM IWO WNW ilIVAPOVIS ANN JIM €1) SW araiat dent riff, IN& ..iir107 I , maw 'os.x _ 77#1 IV I INV SW 371 tq HB -209-Item 13. - 29 A CC:)R Eji Th CERTIFICATE OF LIABILI INSURANCE DATE (MM/DD/YYYY) 5/12/2017 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 Arthur J. Gallagher & Co. Insurance Brokers of CA. Inc. LIC # 0726293 505 N Brand Blvd, Suite 600 Glendale CA 91203 CONTACT NAME: MaryAnn Haggerty PHONE • 818-539-2300 FAX (A/C. Not 818-539-2301 E-MAIL ADDREs_s' MaryAnn Haggerty@ajg.corn INSURER(S) AFFORDING COVERAGE NAIC INSURER A :Berkley National Insurance Company 38911 INSURED Children's Bureau of Southern California 1910 Magnolia Avenue Los Angeles, CA 90007 INSURER B: INSURER C : INSURER 0: INSURERS: INSURER F: COVERAGES CERTIFICATE NUMBER: 1070059648 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. NOT\MTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT \MTH 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DDIYYTY) LIMITS A x COMMERCIAL GENERAL LIABILITY Y HHS -8525752 -10 /27/2016 APPROVED AS TO FO By: 1'A 11/27/2017 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $100,000 1 CLAIMS-MADE X I OCCUR MED EXP (Any one person) $5,000 GE x PERSONAL & ADV INJURY $1,000,000 'L AGGREGATE POLICY OTHER: LIMIT APPLIES O- JPR ECT PER: LOC GENERAL AGGREGATE $3,000,000 ,MICHAEL E. GATES VY CITY ATTORNEY CITY OF HUNTINGTON BEACH PRODUCTS- COMP/OP AGO $3,000,000 No Deductible $ A X AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY SCHEDULED AUTOS NON-OWNED AUTOS ONLY HHS 8525752-10 11/27/2016 11/27/2017 COMBINED SINGLE LIMIT (Ea accident) S1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ No Deductible on $Auto Liability _ X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS-MADE HHN 8566484 -10 11/27/2016 11/27/201 7 EACH OCCURRENCE $5,000,000 AGGREGATE $5,000,000 $ DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N N/A STATUTE ER PER I 0TH- E.L. EACH ACCIDENT $ EL. DISEASE- EA EMPLOYEE $ E.L. DISEASE. POLICY LIMIT A Professional Liab No Deductible . Sexual Misconduct HHS 8525752-10 11/27/2016 11/27/2017 Per Occurrence 1,000,000 Aggregate 3,000,000 Per Claim/Agg 1,000,000/3,000,00 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is.required) Re: CDBG Oak View FRC at 17261 Oak View Lane, Huntington Beach, CA 92647. The City of Huntington Beach, its officers, elected or appointed officials,-employees, agents and volunteers are named as additional insured with respects to the operations of the named insured. CERTIFICATE HOLDER City of Huntington Beach Risk Management Division 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. AUTHORIZED REPRESENTATIVE @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD HB -210-Item 13. - 30 COMMERCIAL GENERi BIL JTY PLEASE READ iT POLICY NUMBER: HHS 8525752-10 Berkley National ance, Comp THlS ENDOF ENT CHANGES THE PO ADDITNAL NSURED Ok -. _RS FSSELS OR CONTRA%.„ CRS - SCHEDU ED EERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GEhERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) The City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Location(s) Of Covered Operations All Insured Premises and Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or 'property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your wore out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 0 Insurance Services Office, Inc., 2012 Page 1 of 2 CG 20 10 04 13 HB -211-Item 13. - 31 • 'Nth respect to the insurance afforded to these additional insureds ; the following is added to Section )11-- ; f Insurance If coverage provided to the addftion:al insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of in 1, Required by the contract or agreement; or 2: Available under he applicable Limits Insurance shown in the Declarations; vvnicheve-r is less. This endorsement shat not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 04 13 HB -212-Item 13. - 32 , A CGRLTI CERTIFICATE OF LIABILITY INSURANCE 6.......-------- 7/1/2017 DATE (MMIDD/YYYY) 6/3 0/2 0 1 6 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 ADDMONAL INSURED, the policy(iesl 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(sI. PRODUCER Lockton Insurance Brokers, LLC 725 S. Figueroa Street, 35th Fl. CA License #0F15767 Los Angeles CA 90017 (213) 689-0065 LONTAC I NAME: PHONE (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE .NAIC ti INSURER A Commerce and Industry Insurance Company , 194 10 INSURED Children's Bureau of Southern California 1079599 1910 Magnolia Avenue Los Angeles CA 90007 INSURERS: INSURER C: INSURER 0: INSURER E : INSURER F : COVERAGES CHIBUO 1 CERTIFICATE NUMBER: 2909736 REVISION NUMBER: XX)000iX 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 ADOL INSD SUBR WVID POLICY NUMBER POLICY EFF (MM/DD/YYYY). POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY NOT APPLICABLE ./. APPROVED AS TO FO EACH OCCURRENCE $ =a= DAMAGE TO RENTED PREMISES (Ea occurrence) ...... CLAIMS-MADE OCCUR MED EXP (Any one person) s )0000'00( PERSONAL & ADV INJURY ..... GENERAL AGGREGATE S *Vb... GEN'L _ POLICY OTHER AGGREGATE LIMIT APPLIES PER: JECT LOC PlICHAEL E. GATES CITY ATTORNEY GTON B . ... CH PRODUCTS - COMP/OP AGO $ )000000( $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS - SCHEDULED AUTOS NON-OWNED AUTOS NOT APPLICABLE COMBINED SINGLE LIMIT (Ea accident) $ VCOOM BODILY INJURY (Per person) $ )000000( BODILY INJURY (Per accident $ Xi0e0e`a PROPERTY DAMAGE (Per accident) $ VOCOCXX $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS-MADE NOT APPLICABLE EACH OCCURRENCE $ )0000CXX AGGREGATE $ )00D000( $ DED RETENTION $ ,, ., WORKERS COMPENSATION AND EMPLOYERS' LIABILJTY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below YIN N N / A y 020735809 7/1/2016 7/1/2017 PER OTH- X STATUTE FR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE-EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY UMIT $ 1,000,000 DESCRIPTION OF OPERATIONS) LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: CDBG Program Oak View FRC, 17261 Oak Lane, Hunting-con Beach CA 92647. Waiver of Subrogation applies. 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. 2909736 AUTHORIZED REPRESENTATIVE City of Huntington Beach 2000 Main Street Huntington Beach CA 92648-2702 74tali/./ ACORD 25 (2014/01) @1g88-2014-1CCIRD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD HB -213-Item 13. - 33 Dept. ID PW 17-026 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: Submitted for City Council approval is the First Amendment to the Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC). Financial Impact: Not Applicable. Recommended Action: Approve and authorize the City Manager to execute “First Amendment to Water Conservation Participation Agreement” with the Municipal Water District of Orange County (MWDOC). Alternative Action(s): Do not approve First Amendment to Water Conservation Participation Agreement with MWDOC and direct staff accordingly. Analysis: At the September 21, 2015, regular City Council Meeting, the City Council approved a Water Conservation Participation Agreement (Agreement) with MWDOC. The Agreement combined the majority of the water conservation rebate programs and incentives into one agreement. These programs include the turf removal program, rain barrels, high efficiency toilets, irrigation controllers, drip irrigation systems, and soil moisture sensors among others. The First Amendment to the Agreement contains language acknowledging that the participating agencies will pay MWDOC for their proportionate share of costs for administering Water Use Efficiency Programs. It also clarifies language regarding installation and verification of items installed, distributed and/or rebated by the participating agency. Staff does not anticipate any additional costs from this Agreement beyond what is already contained in MWDOC’s Choice budget that is included in the City’s Fiscal Year 2016-17 approved budget in the Water Conservation business unit. Environmental Status: Not Applicable CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 the First Amendment to Water Conservation Participation Agreement with the Municipal Water District of Orange County (MWDOC) HB -214-Item 14. - 1 Dept. ID PW 17-026 Page 2 of 2 Meeting Date: 6/5/2017 Public Works Commission Action: Not Applicable Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1.) First Amendment to Water Conservation Participation Agreement 2.) Water Conservation Participation Agreement between the City of Huntington Beach and MWDOC dated 9/21/2015. HB -215-Item 14. - 2 FIRST AMENDMENT TO WATER CONSERVATION PARTICIPATION AGREEMENT This First Amendment to Water Conservation Participation Agreement ("First Amendment") is effective on July 1, 2017 ("Effective Date"), by and between the Municipal Water District of Orange County ("MWDOC") and the City of Huntington Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party." RECITALS A. MWDOC and Participating Agency entered into a Water Conservation Participation Agreement regarding the Participating Agency's participation in certain water conservation programs ("Agreement"). B. The Parties now desire to amend the Agreement to make certain changes to provisions regarding verification of the installation of items and devices installed as part of certain water conservation incentive programs. TERMS For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to amend the Agreement as follows: I. Amendment. Section J is added to the Recitals to read as follows: cu. The purpose of this Agreement is also to acknowledge that Participating Agency is participating in MWDOC's Choice Water Use Efficiency Program ("WUE Program") and in doing so is agreeing to pay for its proportionate share of MWDOC's administrative and direct program costs of the WUE Program." 2. Amendment. Section 1.7 is added to the Agreement to read as follows: "1.7 Participating Agency understands that by entering into this Agreement it is participating in MWDOC' s Choice Water Use Efficiency Program ("WUE Program") and agrees to pay MWDOC for its proportionate share of MWDOC's costs for administering the WUE Program based on Participating Agency's level of participation in the WUE Program. MWDOC will annually invoice Participating Agency. 17-5769/1572681RLS 5/2/17/DO 1 HB -216-Item 14. - 3 3. Amendment. Section 6 is amended in its entirety to read as follows: "Section 6: Installation Verification/Inspection 6.1 Participant Agency shall be responsible for conducting installation verifications/inspections of items and devices installed, distributed, and/or rebated by Participant Agency under Participant Agency Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.2 Participant Agency shall be responsible for conducting installation verifications/inspections of items or devices installed, distributed, and/or rebated by Participant Agency or MWDOC under MWDOC Administered Programs to ensure compliance with program requirements, and/or for paying all costs associated with this verification/inspection. Installation verification/inspection measures for program items and devices must be designed to ensure that materials, installation verifications/inspections of eligible program items and devices, and services meet requirements established by Metropolitan and MWDOC, which requirements will be provided to Participant Agency by MWDOC as Attachment A. 6.3 Participant Agency may elect to (1) conduct its own installation verifications/inspections by either utilizing its in-house staff or contracting with a third party vendor of its choice; or (2) utilize MWDOC's installation verification/inspection contractor to conduct the installation verification/inspections. If Participant Agency elects to utilize MWDOC's verification/inspection vendor, Participant Agency may elect to contract directly with MWDOC's verification/inspection vendor. If Participant Agency elects not to enter into such contract, MWDOC, in MWDOC's sole discretion, may require that Participant Agency contract directly with MWDOC's verification/inspection vendor. 6.3.1 Notwithstanding any other provision in this Agreement, Participant Agency understands and agrees that if Participant Agency utilizes MWDOC's verification/inspection vendor, Participant Agency must still comply with all of the requirements of this Agreement, 17-5769/157268/RLS 5/2/17/DO 2 HB -217-Item 14. - 4 including the refund requirements in Section 6.6, and MWDOC is in no way liable or responsible for the acts or omissions of such vendor and makes no representations or warranties regarding the quality of such vendor's work. Participant's sole recourse as to any action, claims or damages arising out of the acts or omissions of MWDOC's verification/inspection vendor is with the vendor and not with MWDOC. 6.4 MWDOC reserves the right to conduct installation verification/inspection of items and devices within Participant Agency's service area. 6.5 Participant Agency acknowledges that any item or device receiving funding from Metropolitan may be subject to an installation verification/inspection to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 6.6 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed items or devices, inducting any grant funds, in the event MWDOC or Metropolitan establishes via installation verification/inspection and/or audit that the program items or devices were not installed in compliance with the requirements established by Metropolitan and MWDOC pursuant to this Agreement. If such a refund is not provided to MWDOC within thirty (30) days of request, the requested amount may be debited by MWDOC on Participating Agency's next water service invoice. 6.7 "Items" or "devices" includes, but is not limited to, plumbing fixtures, irrigation devices, turf (removal and replacement), and any other items, devices or materials that are installed in connection with a program covered by this Agreement. 4. Authority to enter into First Amendment. Each Party represents to the other that the person executing this First Amendment has the requisite power and authority to execute the First Amendment and to bind each respective Party. 5. Continuing Effect of Agreement. Except as amended by this First Amendment, all other provisions of the Agreement remain in full force and effect. From and after the date of this First Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this First Amendment. 6. Execution in Counterparts. This First Amendment may be executed in duplicate counterparts, each of which shall be deemed an original. 17-5769/1572681RLS 5/2/17/DO 3 HB -218-Item 14. - 5 MWDOC and Participating Agency have each caused this First Amendment to be executed by its duly authorized representative as of the date set forth below the authorized signature. IN WITNESS WHEREOF, the Parties have executed this First Amendment. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY By: Robert Hunter General Manager Date: Approved as to Form: Joseph Byrne General Counsel Date: PARTICIPANT AGENCY CITY OF HUNTINGTON BEACH By: Fred Wilson City Manager Date: Approved as to Form: Michael E. Gates City Attorney Date: blcu- uti 17-5769/1572681RLS 5/2/17/DO 4 HB -219-Item 14. - 6 Water Conservation Participation Agreement between the Municipal Water District of Orange County and the City of Huntington Beach This Water Conservation Participation Agreement ("Agreement") is made between the Municipal Water District of Orange County ("MWDOC") and the City of Huntington Beach ("Participant Agency"). MWDOC and Participant Agency may be collectively referred to as "Parties" and individually as "Party," Recitals A. The Metropolitan Water District of Southern California ("Metropolitan") provides incentive funding to residential, commercial, and industrial water users in its service area for a variety of water conservation activities, including, but not limited to, rebates for the purchase and installation of water-saving devices ("Metropolitan Base Incentives"). B. MWDOC is a member agency of Metropolitan and has agreements with Metropolitan that enable residential, commercial, and industrial water users in MWDOC's service area, and for the benefit of MWDOC's member agencies, to participate in and take advantage of Metropolitan's Base Incentives. C. Participant Agency, as a MWDOC member agency or a direct Metropolitan member agency, may elect to participate in Metropolitan's program to replace non-conserving items within its service area. D. The Metropolitan Base Incentives amounts for each eligible device or program available to MWDOC and Metropolitan member agencies are listed in the attached Addendums lA and Ill. It is expected that Metropolitan will establish funding for additional water conservation items and to change some or all of the existing funding rates throughout the term of this Agreement. Any such changes will be incorporated herein by amendment to Addendums IA and 1B. E, Metropolitan and MWDOC each have fiscal responsibility to manage their individual budgets, and hence may have a need to limit availability of funds. F. MWDOC and Metropolitan member agencies may also choose to provide additional supplemental funding of their own to augment the Metropolitan Base Incentives. Based on the terms and conditions of this Agreement, MWDOC will facilitate supplemental funding for Participant Agency through the Metropolitan rebate contractor ("Rebate Contractor") or MWDOC directly. Metropolitan member agencies will coordinate any supplemental funding directly with Metropolitan, G. In addition to the Metropolitan Base Incentives, MWDOC has developed and arranged additional local, state, and federal grant funding ("Grant Funding") for eligible devices in a number of water conservation programs ("MWDOC Administered Programs") that MWDOC offers to Participant Agency and Metropolitan member agencies. This grant funding may be used to enhance the Metropolitan Base Incentives. Granting agencies Page 11 HB -220-Item 14. - 7 include, but are not limited to, the Department of Water Resources and the United States Bureau of Reclamation. Participant Agency may also operate customized, local water conservation incentive programs in their respective service areas ("Participant Agency Administered Programs) and may have access to the Metropolitan Base Incentives and Grant Funding for such, subject to MWDOC and Metropolitan approval and the terms and conditions of this Agreement and any MWDOC and/or Metropolitan agreements. The purpose of this Agreement is to create a master water conservation participation agreement between MWDOC and Participant Agency that combines all of the conservation programs and incentives ("Programs") into one agreement. Addendums to this Agreement will be issued for changes involving Metropolitan approved items, MWDOC Board approved items, Grant Funding, adding and subtracting MWDOC Administered Programs and Participant Agency Administered Programs as identified in Section 2, and changes to incentive programs, including finding and incentive levels. NOW THEREFORE, in consideration of the promises and covenants hereinafter set forth, the Parties do agree as follows: Section 1: Agreement Term and Administration 1.1 This Agreement will be effective on July 1, 2015 or upon execution of this Agreement by all Parties, whichever is later, and shall terminate on June 30, 2025 (`Terni"). Continuance of this Agreement will be subject to annual budget approval by MWDOC's Board of Directors. 1.2 This Agreement may be amended at any time by written mutual agreement of the Parties, or by Addendums issued by MWDOC as set forth in Recital I. 1.3 This Agreement may be terminated by either Party for any reason upon thirty (30) days written notice to the other Party. 1.4 All Addendums are enforced for the duration of this Agreement unless the Addendums are amended or terminated by either Party. 1.5 In the event the Agreement is terminated early, Participant Agency is responsible for payment of any funding contributions required by this Agreement that that were initiated prior to the effective date of the termination. For purposes of this Agreement, an application is deemed initiated when an application has been received by Metropolitan's rebate vendor, EGIA, by MWDOC, or a reservation has been made within any of MWDOC's online application portals that is pursuant to any of the programs described within this Agreement and the attached Addendums. 1.6 Notwithstanding any other provision in this Agreement, funds for all of the programs described within this Agreement and the attached Addendums are conditioned upon the Page I 2 HB -221-Item 14. - 8 availability of funds and MWDOC is under no obligation to provide funding for any of the programs if MWDOC determines, in its own discretion, that such funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 2: Program Funding 2.1 Supplemental Funding 2.1.1 In addition to the Metropolitan Base Incentives, Participant Agency may provide additional funding to augment the Metropolitan Base Incentives amounts for those programs and devices that Participant Agency identifies, and in the amounts indicated, in the appropriate locations in Addendums 2A, 2B, and 2C ("Supplemental Funding"), The Supplemental Funding listed in Addendums 2A through 2C shall specify the amount of Supplemental Funding Participant Agency will provide per device or program, as well as the total maximum Supplemental Funding amount committed to each category of device or program. If the Participant Agency does not complete, sign, and return Addendums 2A through 2C to MWDOC, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 2A through 2C. In general, Supplemental Funding Addendums submitted by the 15 th of a month will become 'effective the first of the following month. 2.1,2 If Participant Agency elects to provide Supplemental Funding or enhanced incentives under this Agreement for any device or program, Participant Agency is responsible for tracking the use of and the remaining availability of those funds. MWDOC will assist, in every way possible, but the ultimate responsibility for tracking all Participant Agency funding is the responsibility of Participant Agency. Participant Agency will ultimately be responsible for any overuse of Participant Agency Supplemental Funding. 2,1,3 Any requests for changes or revisions to Participant Agency's Supplemental Funding, including funding transfers between Programs, must be submitted by Participant Agency to MWDOC in the form of revised Addendum 2s listing the new funding amounts/limits, 2.1.4 The Participant Agency may elect to participate in the Supplemental Funding Program and be bound by the provisions of this Section 2.1, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendum 2A through 2C by having its authorized representative complete arid sign Addendum 2A through 2C in the spaces provided. 2.2 MWDOC Administered Programs 2.2,2 Participant Agency may elect to take advantage of the MWDOC Administered Programs by having its authorized representative complete and sign Addendums 3A through 3C in the spaces provided. If Participant Agency completes and signs Addendums 3A through 3C, Participant Agency agrees to be hound by the provisions of this Section 2,2, Sections 3, 5, 6, 7, and 8 of this Agreement, and Addendums 3A through Page 3 HB -222-Item 14. - 9 3C. If the Participant Agency does not complete, sign, and return Addendums 3A through 3C, notwithstanding any other provision of this Agreement, the Participant Agency will not be bound by this Section or the provisions in Addendums 3A through 3C. 2.3 Participant Agency Administered Programs 2.3.1 From time to time, funding may be made available for Participant Agency to operate a customized member agency administered local water conservation incentive program or programs ("Participant Agency Administered" "PA" or "MAA Program") in its service area and access the Metropolitan Base Incentives for such, subject to MWDOC approval of the program and the terms and conditions of this Agreement and Addendum 4. The Participant Agency Administered Program(s) and requirements in connection with it are described in more detail in Addendum 4. 2.3.2 Upon receipt of approval of a Participant Agency Administered Program by MWDOC, Participant Agency is bound by the provisions of Sections 3, 5, 6, 7, and 8 of this Agreement and Addendum 4. 2.4 Exhaustion of Funding 2.4.1 In the event Participant Agency provided funding for any Program or device is exhausted, and Participant Agency does not elect to add additional funding Or transfer available funding from another Program or device, MWDOC will discontinue offering the additional rebate funding for that Program or device in Participant Agency's service area. Notwithstanding any other provision in this Agreement, MWDOC may terminate this Agreement as it relates to Section 2 at any time without prior notice in the event that MWDOC determines that funding for any device or program on Addendums 2 through 4 or MWDOC Grant Funding is exhausted, reduced, eliminated, or unavailable from any funding source, for any reason. Section 3: Participant Agency Responsibility and Ownership 3.1 Participant Agency, at its sole discretion, may independently contract with its own agents under separate agreements for program administration and management for any Participant Agency Administered Program provided that doing so does not compromise program performance, create or present a conflict of interest, or violate the terms of this Agreement. 3.2 Participant Agency and/or its agent shall provide all necessary services and materials for such Participant Agency Administered Programs including, but not limited to the following: program administration, promotion, marketing materials, data collection, and analysis, installation verification, and reporting. 3.3 All materials and supplies necessary to implement a Participant Agency Administered Program shall be the exclusive property of Participant Agency. MWDOC shall have no Page 4 HB -223-Item 14. - 10 ownership, right, title, security interest, or other interest in any Participant Agency Administered Program materials or supplies, nor any rights duties, or responsibilities, therefor, 3,4 Participant Agency is responsible for assuring that any Participant Agency Administered Program complies with all federal, state, and local requirements, 3.5 Participant Agency agrees to cooperate with MWDOC' s data management activities related to assessing device saturation and program success. 3.6 As part of any Participant Agency Administered Program, Participant Agency shall use, maintain, and submit to MWDOC within the designated timeframe an electronic database, to be approved by MWDOC prior to use, for any conservation items installed, distributed, or rebated by Participant Agency or its agents to avoid duplicate distributions and to determine the saturation rate of items by the appropriate geographic delineation. 3.7 Participant Agency is solely responsible for the performance of its staff or representatives in complying with the terms of this Agreement and for the proper allocation and appropriate use of funds provided by Metropolitan and/or MWDOC for the purpose of achieving water conservation savings under this Agreement. Section 4: MWDOC's Obligations 4.1 MWDOC will be response to Participant Agency for ensuring that timely reports on the Programs' results are prepared by MWDOC's staff. 4.2 MWDOC will develop a database of information regarding participation in the Programs and provide monthly electronic and/or written reports of activity to Participant Agency. 4,3 MWDOC will invoice Participant Agency for any Participant Agency funding obligations on a monthly basis for rebates issued in the previous month. 4,4 MWDOC does not guarantee any minimum number of rebates will be available for Participant Agency's service area. Section 5 Marketing. 5.1 Participant Agency agrees to assist in the marketing of programs it participates in under this Agreement. With regard to Participant Agency Administered Programs, Participant Agency will be solely responsible for marketing its Participant Agency Administered Program to customers in its service area. Section 6: Installation Verification 6.1 Participant Agency shall be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency under Participant Agency Page I 5 HB -224-Item 14. - 11 Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by MWDOC. 6.2 Participant Agency may be responsible for conducting installation verifications of items installed, distributed, and/or rebated by Participant Agency or IVIWDOC under MWDOC Administered Programs, and/or for paying all costs associated with this verification. Installation verification measures for program devices must be designed to ensure that materials, installation verifications of eligible program devices, and services meet requirements established by Metropolitan, which requirements will be provided to Participant Agency by lVfWDOC, 6.3 MWDOC reserves the right to conduct installation verification of items within Participant Agency's service area. 6,4 Participant Agency acknowledges that any device receiving funding from Metropolitan may be subject to an installation verification to be performed by Metropolitan, or its agent(s), at Metropolitan's discretion. 6.5 Participant Agency shall promptly refund to MWDOC any amounts paid under any Participant Agency Administered Program or MWDOC Administered Program for installed or distributed devices in the event MWDOC or Metropolitan establishes via installation verification that the program devices were not installed. Section 7: Reporting and Invoicing 7,1 For any and all Supplemental Funding provided by Participant Agency and/or Participant Agency provided funding or inspection costs under the MWDOC Administered Programs pursuant to Section 2 of this Agreement, and as more particularly described in Addendums 2 and 3, MWDOC will invoice Participant Agency on a monthly basis for the cost of such funding, and Participant Agency must pay the full amount of such invoice within thirty (30) days of receipt of any such invoice. 7.2 For any and all Participant Agency Administered Program(s), Participant Agency will invoice MWDOC on a monthly basis, by the 10 th of each month, for any approved funding and costs associated with the Participant Agency Administered Program(s) as indicated in and subject to the provisions of Addendum 4. MWDOC is under no responsibility to reimburse Participant Agency for any costs incurred by Participant Agency that are not approved by MWDOC consistent with the terms and conditions of this Agreement and Addendum 4. The invoice package shall include a fully completed, to the satisfaction of MWDOC, Excel customer/applicant spreadsheet showing program activity, and an invoice, signed by the General Manager or designee of Participant Agency, certifying the information provided as accurate, Participant Agency shall use the Excel customer/applicant spreadsheet and Invoice forms approved by MWDOC. Page I 6 HB -225-Item 14. - 12 7,3 Participant Agency shall maintain all Participant Agency Administered Program information, including Participant Agency applications, water bills, and purchase receipts, for a period of seven years from the end date of this Agreement. 7.4 Payment of Participant Agency invoices shall be in the form of either a credit on MWDOC's water bill to Participant Agency or a check made payable to Participant Agency. Method of payment shall be at MWDOC's discretion. Section 8: Confidentiality 8.1 MWDOC agrees to maintain the confidentiality of Participant Agency's customer names, addresses, and other information gathered in connection with this Agreement. MWDOC will not cause or permit the disclosure of such information expect as necessary to carry out any of the MWDOC Administered or Participant Agency Administered Programs, or as required by law. To the extent that MWDOC contracts with third party contractors to carry out all or any portion of any of the Programs, MWDOC will require such contractors to maintain the confidentiality of such customer information. 8.2 Notwithstanding anything to the contrary in this Agreement, Participant Agency acknowledges and agrees that MWDOC may request and use historical water consumption data for purposes of satisfying any grant water use and water quality evaluation requirements of any of the Programs. Participant Agency also acknowledges and agrees that MWDOC may also request to use Program applicant information, such as name, mailing address, site photos, and email address to market other water use efficiency programs to past applicants. A similar provision will be required of every individual applicant. Section 9. Indemnification, 9.1 The parties agree that each Party shall be responsible for its own actions, and the actions of its officers, employees, and agents, in performing services under this Agreement. Except as provided in this Agreement and its Addendums, each Party agrees to indemnify and hold the other Party and its officers and agents haiiiiless and agrees to defend the other Party against any claim or asserted liability arising out of its actions, either willful or negligent, or the actions of its officers, employees, and agents, in performing services pursuant to this Agreement. Such indemnity will include any losses relating to any claim made, whether or not a court action is filed, and will include attorney fees and administrative and overhead costs related to or arising out of such claim or asserted liability. 9.2 Participant Agency shall include the following language in its agreement with any consultant or contractor retained by Participant Agency to work on any of the Program" "(Consultant) agrees at is sole cost and expense to protect, indemnify, defend, and hold harmless Metropolitan, MWDOC, and their associated Boards of Directors, officers, representatives, agents and employees from and against any and all claims and liability Page I 7 HB -226-Item 14. - 13 of any kind (including, but not limited to, any claims or liability for injury or death to any person, damage to property, natural resources or to the environment, or water quality problems) that arise out of or related to Participant Agency's approval, construction, operation, repair, or ownership of any Program. Such indemnity shall include all damages and losses related to any claim made, whether or not a court action is filed, and shall include attorneys' fees, administrative and overhead costs, engineering and consulting fees, and all other costs related to our arising out of such claim or asserted liability." Section 10. Certification re Lobbying (43 CFR 18) 10.1 The undersigned hereby certifies on behalf of Participant Agency that no Federal appropriated funds have been paid or will be paid, by or on behalf of the Participant Agency, to any person for influencing or attempting to influence an officer or employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress in connection with a Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form LLL, "Disclosure Form to Report Lobbying" in accordance with its instructions. To the extent federal funds are involved, the Participant Agency shall require that the language of this certification be included in the awards documents for any sub-awards by the Participant Agency at all tiers (including sub-contracts, sub-grants, and contracts under grants, loans and cooperative agreements) and that sub-recipients, if any, shall certify accordingly. Section 11. Other Terms 11.1 Any alteration or variation of the terms of this Agreement will not be valid unless made in writing and signed by both Parties. 11.2 This Agreement will inure to the benefit of and be binding upon the Parties and their respective successors. 11.3 The partial or total invalidity of one or more parts of this Agreement will not affect the intent or validity of this Agreement. 11.4 This agreement shall be deemed a contract made under the laws of the State of California, and for all purposes will be interpreted in accordance with such laws, The Parties hereby - agree and consent to the exclusive jurisdiction of the courts of the State of California, and that the venue of any action brought hereunder will be in Orange County, California. Page I 8 HB -227-Item 14. - 14 B y : Robert J. Hunter' General Mana g er Date: 10'16 B y : Date: B y : Cit/Clerk Date: 9/21/2015 (ATIATED B y : Date: 9/21/2015 / 4 D APPROVED: f NMI Ci./y Mana g er 9/21/2015 B y : Date: ROVED: 11.5 This A greement constitutes the entire a greement between the Parties. IN WITNESS WHEREOF, the parties hereto have executed this A g reement. MUNICIPAL WATER DISTRICT OF ORANGE COUNTY CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Pag e 9 HB -228-Item 14. - 15 Addendum 2A FY 15-16 Residential Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 1) Regional Incentive Program Metropolitan Incentive Participant Agency Incentive Total Incentive High Efficiency Clothes Washer (HECW) $85 High-Efficiency Toilets (HET) (Melded Rate) (Single-family) $100 •$ Rotating Nozzles' $11 $ Rain Barrels $75 l lncludes grant funding , when grant funds are available Check here n If the supplemental incentives are flat regardless of actual device cost Select one: Check here if the supplemental incentives are limited to the actual device cost (Actual device cost Is the retail price of the device excluding tax, shipping, labor or other charges} If Participant Agency has complex or more detailed requirements or wishes to stop their funding, please check this box, D sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Narne Authorized Funding Add/Subtract Additional Funds' Total Authorized Funding Start Date: End Date: $ $ $ alf this is not the first form this fiscal year, indicate amount of funding being added or subtracted This funding authorization is effective only for the period designated by the Participant Agency authorization is approved and implemented by Metropolitan's vendor. Each form submitted shall authorization of the Agency for the specified time period. No funds will be carried over from prior Supplemental funding forms received by MWDOC by the 15th of a month will be sent to Metropolitan month. Funding forms received by Metropolitan by the 20 th of a month shall become effective on following month unless a later Start Date is specified. Incentives will not be applied retroactively. Participant Agency is obligated to pay supplemental funding for any on-line commitments made is in effect. By signing, Participant Agency agrees to these terms. above, or until a new include the total forms. by the 20th of a the first day of the while this authorization Authorizing Signature General Manager /Designee Date IVIWDOC Date received; Approved by Use Only: Date sent to Metropolitan: Comments: HB -229-Item 14. - 16 Addendum 2B FY 15-16 Cil Program Participant Agency Supplemental Funding Authorization (Pg. 1 of 2) Regional Incentive Program Metropolitan Incentive Participant Agency Incentive Total Incentive Plumbing Flow Control Valve $ 5 each $ $ Laminar Flow Restrictors $ 10 per Restrlctor $ $ Commercial HET-Tank Type $ 100 $ $ Commercial HET — Flushometer $ 100 $ $ Multi-Family HET $ 100 $ $ Multi-Family HET (4-Liter) $ 145 $ $ Zero Water Urinals (ZWU) $ 200 $ $ Ultra Low Water Urinal (ULWU) $ 200 $ $ Large Rotary Nozzles $ 13 per Set $ $ Rotating Nozzles for Pop-up Spray Heads Retrofits l $ 4 per Nozzle $ $ In-Stem Flow Regulator $ 1 per Regulator $ $ pH-Cooling Tower Controller (pH-CTC) $1,750 $ $ Cooling Tower Conductivity Controller (CTCC) $ 625 $ $ Dry Vacuum Pump $ 125 per 0.5 HP $ $ Connectionless Food Steamers $ 485 per compartment $ $ Ice-Making Machines $1,000 $ Public Agency Landscape WBIC, CCIC, and SMSS $ 55 per Station $ $ Public Agency Landscape Large Rotary Nozzles $ 13 Per Set $ $ Public Agency Landscape Rotating Nozzles $ 6 per Nozzle $ $ Fitness Center HET Ta nk Type or Fiushometer $ 300 per HET $ $ Fitness Center Urinals ZWU and ULWU $ 500 per Urinal $ $ HB -230-Item 14. - 17 Addendum 2B FY 15-16 Cll Program Participant Agency Supplemental Funding Authorization (Pg. 2 of 2) Select one: Check here p if the supplemental incentives are flat regardless of actual device cost Check here p if the supplemental incentives are limited to the actual device cost (Actual device cost Is the retail price of the device excluding tax, shipping, labor or other charges El If Participant Agency has complex or more detailed requirements, or wishes to stop their funding, please check this box, sign this form and attach a spreadsheet or other documentation showing funding details. Participant Agency Authorized Funding Add/Subtract Additional Total Authorized Start Date: End Date: Name $ Funds' $ Funding $ 1. Includes grant funding, when grant funds are available. 2. If this Is not the first form for this fiscal year, indicate amount of funding being added or subtracted * This funding authorization authorization is authorization of Supplemental month. Funding following month Participant Agency authorization Is Participant Agency is effective only for the period designated by the Participant Agency above, or until a new approved and implemented by Metropolitan's vendor. Each form submitted shall Include the total the Agency for the specified time period. No funds will be carried over from prior forms. funding forms received by MWDOC by the 15 of a month will be sent to Metropolitan by the 20th of a forms received by Metropolitan by the 20' of a month shall become effective on the first day of the unless a later Start Date Is specified. Incentives will not be applied retroactively. is obligated to pay supplemental funding for any on-line commitments made while this in effect. By signing, Participant Agency agrees to these terms. Authorizing Signature General Manager Date /Designee MWDOC Date Use Only: Date Comments: received: Approved by sent to Metropolitan, if applicable: HB -231-Item 14. - 18 Addendum 2C FY 15-16 Participant Agency Supplemental Funding Authorization for Water Savings Incentive Program Participant Agency Incentive (per 1,000 gal/yr) Supplement to Metropolitan's funding for Water Savings Incentive Program $ Participant Agency Total Authorized Funding* $ Start Date: End Date: *This authorization represents the Participant Agency's total funding for the period. This funding authorization is effective for only the period designated by the Participant Agency above or until a new authorization is approved and implemented by Metropolitan. Each form submitted shall Include the total authorization of the Agency for the specified time period. No funds will be carried over from prior forms. Incentives will not be applied retroactively. Water Savings Incentive Program projects are typically multi-year projects with incentives paid in subsequent years. Participant Agency Is required to authorize the project prior to MWDOC and Metropolitan's approvals. Participant Agency is obligated to pay supplemental funding for any projects MWDOC and Metropolitan approve while this authorization is in effect. MWDOC will invoice for the supplemental funding portion of incentives when incentives are paid to the customer. Participating Agency shall reimburse MWDOC for any supplemental funding that the Participant Agency fails to provide as represented above and that MWDOC and/or Metropolitan provided or became obligated to provide on the Participant Agency's behalf. The terms of this authorization may be modified only in writing by authorized representatives of Participant Agency and MWDOC. By signing, Participant Agency agrees to these terms, Authorizing Signature General Manager /Designee Date MWDOC Date received: Approved by Use Only: Date sent to Metropolitan, If applicable: Comments: HB -232-Item 14. - 19 Dept. ID IS-2017-01 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: The City is currently implementing a new Utility Billing System (CIS), replacing a twelve-year old system that is no longer supported by the vendor. In addition, the City recently approved the procurement of a new Land Management system, scheduled to begin implementing in August, and an Enterprise Cashiering system is also being considered. In order to effectively and successfully implement these critical technology systems, Staff is recommending utilizing an experienced Project Manager to lead these efforts. Financial Impact: Funding for the contract is available in Property Tax In Lieu Fund account 12740101.86100 ($100,000), Water Fund account 50685801.69365 ($50,000) and Sewer Service Fund account 51185101.69300 ($50,000). Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Go-Live Technology, Inc. for As Needed Information Technology Project Management Services;” and, B) Approve and authorize the use of existing Enterprise Land Management (ELM) budget and increase the Information Services Department professional services authority by $200,000. Alternative Action(s): Do not approve the contract for Professional Services funds and instruct staff on how to proceed. Analysis: The City is currently implementing a new Utility Billing system that effects workflow across multiple departments and eases the ability for residents to pay and make changes to their accounts online. In addition, the City recently approved the purchase of a new Enterprise Land Management system that ties together the development services departments (Public Works, Community Development, Fire Department, with connections to other City departments) to facilitate permits, plan checks, inspection requests, payments, and create an online portal for residents and development professionals. These two implementations are huge investments made by the City and will greatly increase the efficiencies of the systems and effectiveness of City services, both to staff and residents, for years to come. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Behzad Zamanian, Chief Information Officer SUBJECT: Approve and authorize execution of a 3-year Professional Services Contract in the amount of $200,000 with Go Live Technology for project management services; and, authorize transfer of funds HB -233-Item 15. - 1 Dept. ID IS-2017-01 Page 2 of 2 Meeting Date: 6/5/2017 In order to best implement and bring online these highly complex technical systems, Staff is requesting the utilization of a professional Project Manager that has experience with these types of deployments. The use of an outside Project Manager will reduce the risks and delays of implementation as well as improve communication and processes across all departments, since multi-department collaboration is critical. System Selection Process – In compliance with Chapter 3.03 of the Huntington Beach Municipal Code, proposals for project management services were requested using the Request for Proposal (RFP) shown as Attachment 1. An evaluation team was assembled under the direction of the Purchasing unit of Finance. The team consisted of a Finance Department Project Manager, a Public Works Department Project Manager, and a Senior Systems Analyst from the Information Services Department. Staff reviewed proposals of the three firms and ranked them according to the following criteria: • Compliance with RFP requirements • Technical approach & methodology • Qualifications of firm and key individuals • Clarity • Local Vendor Preference • Cost • References The following firms submitted proposals: • Go Live • Betasoft Systems • Integrity IT Solutions Of the three proposals received, staff determined that one firm, Go Live Technology, provided the best match for the needs of the City. Go Live Technology recently provided the City with its services for the Utility Billing Software replacement project. The vendor displayed strength in character and commitment to the city and its project management value cannot be underestimated. The value that Go Live Technology brings to the table for future technology related projects is an important component in the selection process. Go Live Technology provided the City with a competitively priced proposal that met the City’s budget and provided the City with a clear timeline of dedicated resources. To complete the initial implementation of the Utility Billing system, and begin both the enterprise cashiering software and the Enterprise Land Management system implementation, Staff is seeking sufficient funds to cover the Total Fixed Price for all projects of $200,000. Funding was previously identified when planning for the projects and is now requested to be allocated as the projects are ready for implementation. Environmental Status: N/A Strategic Plan Goal: Enhance and Maintain City Service Delivery Attachment(s): 1. Ranking Sheets 2. Professional Services Contract Between The City Of Huntington Beach And Go Live Technology, Inc. For As Needed Information Technology Project Management HB -234-Item 15. - 2 . Go -Liye-Tech-nology„Fric. = Minimum Qualifications Review AS NEEDED PROJECT MANAGEMENT SERVICES SERVICE: As needed project management services for City IT projects SERVICE DESCRIPTION: Provide management of software implementation through post go live for various software projects, including, but not limited to, utility billing, cashiering, and enterprise land management software. VENDOR: Go Live Technology, Inc. OVERALL RANKING: SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager, Public Works 2. Project Manager, Finance 3. Senior Information Systems Analyst, Information Services I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Criteria Compliance with RFP Technical Approach Qualifications Clarity Local Vendor Preference Cost Total Weighted Score 120 287.50 375 120 0 80 Maximum Score 150 375 450 150 75 150 Total I : 902,.0: 1,350 II. DUE DILIGENCE REVIEW • Reference check ranking: 1 Go -Live Technology, Inc... Summary Of Review • 1. Staffing: Excellent • 2. Experience: Excellent • 3. Qualifications: Excellent HB -235-Item 15. - 3 Go Live Technology, inc. Summary of Review AS NEEDED PROJECT MANAGEMENT SERVICES SERVICE: As needed project management services for City IT projects SERVICE DESCRIPTION: Provide management of software implementation through post go live for various software projects, including, but not limited to, utility billing, cashiering, and enterprise land management software. VENDOR: Vendor 2 OVERALL RANKING: 2 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager, Public Works 2. Project Manager, Finance 3. Senior Information Systems Analyst, Information Services I. MINIMUM QUALIFICATIONS REVIEW • Written Proposal Score: Go Live Technology. Inc. _ = Minimum Qualification's Review Criteria Compliance with RFP Technical Approach Qualifications Clarity Local Vendor Preference Cost Total Weighted Score 105 237.50 300 65 100 Maximum Score 150 375 450 150 75 150 Total •807.50 II. DUE DILIGENCE REVIEW * Reference check ranking: 2 O 1. Staffing: Above Average O 2. Experience: Average (no municipality experience noted) ▪ 3. Qualifications: Above Average HB -236-Item 15. - 4 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HLTNTINGTON BEACH AND GO LIVE TECHNOLOGY, INC. FOR AS NEEDED INFORMATION TECHNOLOGY PROJECT MANAGEMENT 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 Go Live Technology, Inc., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide as needed information technology project management 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 Richard Chenette 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. agree/ surfnet/professional svcs mayor 1 of 11 10/12 HB -237-Item 15. - 5 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 weed 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 two hundred thousand Dollars ($200,000). 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." agrecisurfnet/professional svcs mayor 2 of l 10/1.2 HB -238-Item 15. - 6 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 agree/ surfriet/professional svcs mayor 3 of 11 10/12 HB -239-Item 15. - 7 ($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: agree/ surfnet/professional svcs mayor 4 of 11 10/12 HB -240-Item 15. - 8 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 agree/ suth)et/professional svcs mayor 5 of 11 10/12 HB -241-Item 15. - 9 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 agree/ surfnet/professional svcs mayor 6 of 11 10/12 HB -242-Item 15. - 10 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: Behzad Zarnanian 2000 Main Street Huntington Beach, CA 92648 TO CONSULTANT: Go Live Technology, Inc. ATTN: Richard Chenette 26632 Via Cuervo Mission Viejo, CA 92691 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 agree/ surfnet/professional svcs mayor 7 of 11 10/12 HB -243-Item 15. - 11 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 agree/ surfnet/professional svcs mayor 8 of 11 10/12 HB -244-Item 15. - 12 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 agree/ surfne1/professional sves mayor 9 of 11 10/12 HB -245-Item 15. - 13 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. agree/ surfnet/professional svcs mayor 10 of 11 10112 HB -246-Item 15. - 14 Mayor City Clerk I, iir I AND /Pt itla,....r —figir Al — i CONSULTANT, Go Live Technology, Inc, COMPANY NAME By: .... , v. cuccfk, C -\"- print name ITS; (circle one) Chaiman/PresidentiVice President AND By: print name ITS: (circle one) Secretar y/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California REVIEWED AND APPROVED: City Manager APPROVED iktvra FOR agree/ surfnctlprofessional sves ma yor 10/12 11 of 11 HB -247-Item 15. - 15 •ENTLIBIT "A!' •A_ STATEMENT OF WORK: (Narrative of work to be performed) Consultant will manage the software implementation through_ post go live for various software projects including, but not limited to, Utility Billing, Enterprise Land Management, Cashiering and other miscellaneous Financial suite software B. CONSULTANTS DUTIES AND RESPONSIBILITIES: The Consultant shall provide project management services for any selected city software implementation, including project planning, project execution, and project closure services. Based on our present software selection and implementation needs, Consultant shall assist the City by ensuring all information is easily available and understood by city staff assigned to the project team. Consultant shall also assist tlie City in the adoption of best business practices while reinforcing the effectiveness and efficiency of operational processes. Consultant shall provide guidance and oversight to the City identified project team lead while participating in regularly scheduled project meetings (bi-weekly) to discuss status, review accomplishments and plan next steps. ConsultAnt shall provide inethodclogy for transitioning from the selection of .a vendor to the implementation, training and testing processes of the new software program Consultant shall also provide methodology on post go live support and summary reporting. Consulatant shall provide a thneline with their recommended methodology. EXHIBIT A HB -248-Item 15. - 16 Consultant may also assist City: with the selection and implementation of a cashiering system to stipport both the CIS and ELM softvvaie projecta C. CITY'S DUTIES AND RESPONSIBILITIES: The City will appoint a city employee as an onsite project manager to assist Consuharit with internal correspondence, reserving conference rooms, coordinating project meetings and conference calls, This project manager will act in the capacity of onsite project. lead throughout the duration of the project and Will be responsible to managing the day to day project task. City will assign at least two resources to the project from eaCh process area, Each process area Will have one Subject Molter Expert asSigned to the project Subject raatter Experts -shall be required to attend projectmeetings, provide input, participate in system configuration, setup, training, testing activities and perfonn all project assignments in a timely manner. City will designate a Project Sponsor who will be responsible for overseeing the project; providing ,opport to the project team and ensuring that project resources are secured and allowed time to perform all project duties as expected. The City of Huntington Beach will assign IS staff to represent the Information Services department on the Project Team for the entire duration of the project. HB -249-Item 15. - 17 a. IS staff will configure all hardware (Servers, Firewalls, Routers and Workstations) and software (Operating Systems, Database Servers, Security Suites and VPN Clients) that will be necessary to host and maintain any eventual_ system. b. IS staff will be required to work closely with the technical and support staffs of the eventual vendor chosen in order to resolve deployment and configuration problems, as well as to assist identifying arid resolving problems that occur locally as the_result of version upgrades or patches issued by the vendor. c. IS staff will also be responsible for identifying, configuring and maintaining system User roles and managing security access requirements for all system. users. d. IS staff will participate in all project activities, including vendor demos, training, testing and open lab sessions. e. IS staff will be required to download and install updates and patches, as needed, during initial configuration, deployment, testing and once the system is fully operational and live. It will be necessary to perform all of these services for Production, Test and Training environments. E IS staff will also be required to Perform routine backups, restores and maintenance plans on the databases and all hardware / software systems in use for this project. HB -250-Item 15. - 18 This project will involve city employees from different departments and therefore, repike coordination_ city wide, The City's project manager will be responsible for or assisting with the follo-wing: 1. Working with the Consultant to create a Project Pla 2. Developing a Communication Plan 3, Developing a Change Management Plan 4. Creating a Test Plan 5. Developing a Training Schedule 6. Developing a Transition Plan 7,• Managing project schedule' S. Holding vendor accountable 9. Conducting regular Project Status meeting D. WORK PROGRAM/PROJECT SCHEDULE: cline, reS0 ce revirements, etc, HB -251-Item 15. - 19 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: NTE $200,000 based on an hourly rate of $125/hr. 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 maybe: 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. Exhibit B HB -252-Item 15. - 20 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 inibrtuation required above, and in addition shall list the hours expended and hourly rate charged for such tline 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 front the ongoing performance of the remainder of this Agreement Exhibit B HB -253-Item 15. - 21 --- 1 a AccoREP CERTIFICATE OF LIABILITY INSURANCE .— DATE IMMIDD/YYYY? 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 ACI Insurance 505 E. First St. Tustin, CA 92780 License #: 0642654 CONTACT NAME: Leituina Reyes PHONE FAX (A/C. No. Est): 714-755-1575 riaic, No 714-7554124 NAIC # E.MAIL ADDRESS: service©aciinsure.com INSURER(S) AFFORDING COVERAGE INSURER A: UNITED STATES LIABILITY INSURANCE CO INSURED • `. GO Live Technology, Inc. 26632 Via Cuervo Mission Viejo, CA 92691 INSURER B: INSURER C: INSURER D : INSURER C: INSURER F: COVERAGES CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 4 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 ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF IMM(DDIYYYY1 POLICY EXP IMM/DEVYYYY) LIMITS A x COMMERCIAL GENERAL. LIABILITY MTK1550276F APPROVED AS TO ,, 12/15/2016 FORM 12/15/2017 EACH OCCURRENCE $ 1000,000 CLAIMS•MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 300,000 mED EXP (Any ana person) $ 10,000 $ 1,000,000 PERSONAL & ADV INJURY GEN% X AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POL PRO- ICY JECT LOC OTHER: PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABI ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON-OWNED AUTOS ONLY AUTOS ONLY By: ''''t , , I J.-0 el COMBINED SINGLE LIMIT (Ea aseident) $ BODILY INJURY (Per person) $ v.--MICHAE GA—ES CITY ATTORNEY CITY OF HUNTINGTON •,, 1 / , 7 ' BEACH BODILY INJURY {Per accident) 5 PROPERTY DAMAGE (Per accident) $ .8 UMBRELLA LiAB OCCUR EXCESS LIAB CLAIMS-MADE EACH OCCURRENCE $ AGGREGATE S DED RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORJPARTNEFUEXECUT1VE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, desalt's under DESCRIPTION OF OPERATIONS below N (A i PER I 0TH- I STATUTE I ER EL. EACH ACCIDENT S EL. DISEASE - EA EMPLOYEE S EL, DISEASE - POLICY LIMIT $ A ERRORS & OMISSIONS CLAIMS MADE MTK1550276F 1211512016 12/1512017 OCCURRENCE AGGREGATE 1,000,000 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS /VEHICLES (ACORD VA, Additional Remarks Schedule, may be attached it more space Is required) CANCELLATION 1 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 REPRESENTATI (LLR) 1988-2,015 IWCORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Printed by LLR on May 11, 2017 at 10:15AM ACORD 25 (2016103) HB -254-Item 15. - 22 Dept. ID ED 17-10 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: The City Council is asked to approve an Agreement for Acquisition and Escrow Instructions, in the amount of $1,065,000, along with escrow fees in the amount of $5,700, between the City and M. Westland, LLC (“Owner”) for the purchase of a real property and a slope easement over a portion of the property located at 16371 Gothard Street, Huntington Beach for the construction of the new Heil Avenue Stormwater Pump Station. Financial Impact: Funds not to exceed $1,071,000 are budgeted in the Public Works Heil Avenue Pump Station Rehabilitation Project Account No. 31488001.82500 Recommended Action: A) Approve the Agreement for Acquisition and Escrow Instructions between the City of Huntington Beach and M. Westland, LLC; and, B) Authorize the Mayor to execute the “Purchase and Sale Agreement and Joint Escrow Instructions” and other related documents; and, C) Authorize the City Manager to execute any other related escrow documents. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: The existing Heil Avenue Stormwater Pump Station (“Existing Station”) was constructed in the late 1960’s as part of the original neighborhood development to provide flood protection for the low lying neighborhood homes. Based on current FEMA standards, the Existing Station does not have sufficient pumps to adequately pump sufficient storm water during a 100-year storm event. A new pump station has been designed as part of the City’s Capital Improvement Projects in order to remedy the deficiencies (“Proposed Station”) with the installation of four (4) new pumps. The Proposed Station requires the acquisition of 14,123 square feet of real property and a 1,932 square foot slope easement. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 execution of an Agreement for Acquisition and Escrow Instructions with the M. Westland, LLC, for the Purchase of Real Property and Slope Easement for Heil Avenue Stormwater Pump Station – 16371 Gothard St. HB -255-Item 16. - 1 Dept. ID ED 17-10 Page 2 of 2 Meeting Date: 6/5/2017 As a standard practice for property purchases, the City hires a certified property appraiser to conduct a fair market appraisal of the property to be purchased. This project, which has been a planned improvement since prior to 2008, has had several appraisals completed, to include an initial property appraisal by Paragon Partners in 2008, in 2012 by Valentine Appraisal & Associates, and was most recently reappraised to help conclude the property negotiations. Once a fair market value is determined through an appraisal, the City will negotiate with the owner to determine an acceptable purchase price. Accordingly, a purchase price of $1,065,000 has been negotiated with the Owner. A Phase II Environmental Assessment Report (dated May 11, 2017), was prepared as part of the due diligence for the Project, which recommended that no remediation is necessary to construct the Proposed Station. The Existing Station will remain in place since stormwater pipes and structures will continue to traverse the parcel. The pumps at the Existing Station will be removed once the Proposed Station is built. Staff recommends approval of the proposed purchase agreement to facilitate the construction of the Proposed Station. Environmental Status: Upon the close of escrow, Public Works staff will apply for all necessary land use entitlements and permits including CEQA compliance. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Purchase and Sale Agreement and Joint Escrow Instructions HB -256-Item 16. - 2 PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS This PURCHASE AND SALE AGREEMENT AND JOINT ESCROW INSTRUCTIONS ("Agreement") is entered into this day of • 2017 ("Effective Date"), by and between M. 'WESTLAND, LLC ("Seller") and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"). RECITALS A. Seller is the owner of that certain real property comprised of approximately 17.07 acres located at the northwest corner of Gothard Street and Heil Avenue in the City of Huntington Beach, County of Orange, State of California and identified as Assessor Parcel #142-122-06 ("Larger Parcel"). The Larger Parcel is improved with five detached, concrete tilt-up industrial buildings. There is also graded land which is available for additional construction. B. In connection with the City's Heil Avenue Stormwater Rehabilitation Project ("Project"), City desires to acquire from Seller the following interests in the Larger Parcel for a pump station: (a) Fee title to that certain portion of the Larger Parcel described in the legal descriptions and depicted on the accompanying site maps labeled as Exhibits A and B of Exhibit "2" to this Agreement (the "Fee Parcel"). The Fee Parcel is comprised of approximately 14,123 square feet parcel located along the southwest boundary of the Larger Parcel adjacent to Heil Avenue. (b) A permanent slope easement in that certain portion of the Larger Parcel described in the legal descriptions and depicted on the accompanying site maps labeled as Exhibits C and D of Exhibit "2" to this Agreement (the "Slope Easement"). The Slope Easement is 6 feet wide and measures approximately 304 feet in length, totaling 1,825 square feet, and runs along the east and north sides of the Fee Parcel. The Fee Parcel and the Slope Easement are collectively referred to herein as the "Property." C. City has the authority to acquire property for public uses utilizing City's power of eminent domain. In lieu of City's exercise of said power and under the threat thereof, Seller is willing to sell the Property to City and City is willing to purchase the Property from Seller, upon the terms and conditions set forth in this Agreement. D. Seller has begun the application process for development of the unimproved portion ("Phase 2") of the Larger Parcel. AGREEMENT Based upon the foregoing Recitals, which are incorporated herein by this reference, and for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged. Seller and City agree as follows: Page 1 of 10 HB -257-Item 16. - 3 1. PURCHASE AND SALE OF PROPERTY 1.1 Agreement to Purchase and Sell Independent Consideration. Subject to all of the terms, conditions, and provisions of this Agreement, and for the consideration set forth herein, Seller agrees to sell to City, and City agrees to purchase from Seller, the Property. 1.2 Purchase Price. 1.2.1 Amount of Purchase Price. The total purchase price which Seller agrees to accept and City agrees to pay for the Property and all interests therein is the sum of One Million Sixty-Five Thousand Dollars ($1,065,000.00) ("Purchase Price"). The Purchase Price is comprised of (1) Five Hundred Ninety-Six Thousand Seven Hundred Twenty-Eight Dollars ($596,728.00) payable for the Fee Parcel and Slope Easement, (2) Four Hundred Three Thousand Two Hundred Seventy-Two Dollars ($403,272.00) payable for injury to the Remainder Parcel (i.e., severance damages), and (3) Sixty-Five Thousand Dollars ($65,000.00) payable as partial reimbursement for attorney's fees and appraiser fees incurred in connection with City's acquisition. The amounts of the Purchase Price attributable to the interests acquired and severance damages, respectively, are based on appraisals obtained by, and exchanged between, Seller and City. 1.2.2 Payment of Purchase Price. At least two (2) days prior to the Close of Escrow, City shall deposit the Purchase Price into Escrow by a wire transfer of funds, cashier's or certified check drawn on or issued by the offices of a financial institution located in the State of California, or cash. 2. CONDITIONS OF TITLE 2.1 City's Acceptance of Conditions of Title. City accepts all covenants, conditions, restrictions, and reservations of record and all easements or rights-of-way over the land for public or quasi-public utility or public street purposes, if any. 3. ESCROW 3.1 Opening of Escrow. Within two (2) business days after the Effective Date of this Agreement, the parties shall open an escrow ("Escrow") with Commonwealth Land Title Company, Newport Beach, CA ("Escrow Holder") at its offices located at 4100 Newport Place, Suite 120, Newport Beach, CA 92660, by delivering to Escrow Holder a fully executed copy of this Agreement. Upon receipt of a fully executed copy of this Agreement, Escrow Holder shall execute the Escrow Holder's acceptance attached hereto as Exhibit "1" and deliver a copy to Seller and City. 3.2 Close of Escrow. The Close of Escrow shall occur within ten (10) days after the date the Seller Closing Conditions and the City Closing Conditions in Sections 4.1 and 4.2 (other than the conditions on the delivery of documents and funds into Escrow, which shall occur during said ten (10) day period) are satisfied or waived by the benefited party, but in no event later than April 30, 2017 ("Closing Date"). The terms "Close of Escrow" and "Closing" shall mean the date the Fee Parcel Grant Deed and the Slope Easement Grant Deed are filed for recording in the Official Records of Orange County, California. 3.3 Escrow Instructions. This Agreement, together with any standard instructions of Escrow Holder, shall constitute the joint escrow instructions of City and Seller to Escrow Holder as Page 2 of 10 HB -258-Item 16. - 4 well as an agreement between City and Seller. In the event of any conflict between the provisions of this Agreement and Escrow Holder's standard instructions, this Agreement shall prevail. 3.4 Deliveries by Seller. No later than two (2) business day preceding the Closing Date, Seller shall deliver the following to Escrow Holder: (a) a grant deed in the form attached hereto as Exhibit "3" ("Grant Deed") conveying to City (I) fee simple title to the Fee Parcel and (2) a slope easement over a defined portion of the Larger Parcel, duly executed and acknowledged by Seller; (b) an original Certificate of Non-Foreign Status in the form required by applicable law ("Non-Foreign Affidavit") and an original California Form 593-C Real Estate Withholding Exemption Certificate ("California Residency Affidavit"), each executed by Seller; and (c) all other sums and documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement. 3.5 Deliveries by City. No later than two (2) business day preceding the Closing Date, City shall deliver the following to Escrow Holder the following: (a) the Certificate(s) of Acceptance to be attached to the Fee Parcel Grant Deed and the Slope Easement Grant Deed, duly executed and acknowledged by City; (b) the Purchase Price in good funds; (c) the Memorandum of Understanding in the form attached hereto as Exhibit "4" (and discussed in Section 6.1), duly executed and acknowledged by City; and (d) all other sums and documents reasonably required by Escrow Holder to carry out and close the Escrow pursuant to this Agreement, including the Escrow fee. 3.6 Closing Statement. No later than two (2) business days prior to the Closing Date, Escrow Holder shall deliver an estimated closing statement to City and Seller. 3.7 Closing, Recording and Disbursements. On the Closing Date and when all of the conditions precedent to the Close of Escrow set forth in Section 4 of this Agreement have been satisfied, or waived in writing by the benefited party, Escrow Holder shall take the actions set forth in this Section 3.7. (a) Recording. Escrow Holder shall cause the Fee Parcel Grant Deed and the Slope Easement Grant Deed to be recorded in the Official Records of Orange County, California. (b) Disbursement of Purchase Price. Escrow Holder shall disburse to Seller the Purchase Price. Page 3 of 10 HB -259-Item 16. - 5 (c) Delivery of Documents. The original of the Fee Parcel Grant Deed and the Slope Easement Grant Deed shall be returned to City after recordation. The Title Policy referred to in Section 4.2(b) of this Agreement shall be delivered to City within twenty (20) days after the Closing Date. 3.8 Payment of Costs. Seller and City shall each pay one half the Escrow fee and recording costs; City shall pay any documentary transfer taxes and all title insurance premiums for the City's Title Policy premium. Seller shall pay the costs required to remove any monetary liens and encumbrances affecting the Fee Parcel. Seller and City shall each be responsible for their respective attorneys' fees incurred in connection with this Agreement. 3.9 Real Property Taxes. City is a public entity and is not required to pay property taxes. Seller shall pay all property taxes and assessments which may be assessed during the period of Seller's ownership. Seller may apply for a refund for any portion of taxes and assessments paid by Seller and allocated to any period after the Closing Date, in accordance with the applicable provisions of the Revenue and Taxation Code (see §§ 5081-5091). 3.10 Possession. Seller shall deliver the Fee Parcel and the Slope Easement to City at the Close of Escrow free and clear of all tenancies, lessees, occupants, licensees, and all possessory rights of any kind or nature other than the title exceptions accepted by City in accordance with Section 2.1 of this Agreement. 3.11 Escrow Cancellation. If Escrow fails to close due to Seller's Default (as defined herein), Seller shall pay all fees, charges and expenses actually charged by Escrow Holder and the Title Company to the parties in connection with the cancellation of the Escrow and the title order, if any. If Escrow fails to close for any other reason, including City's Default, City shall pay all such charges. 4. CONDITIONS TO CLOSE OF ESCROW 4.1 Seller Closing Conditions. In addition to any other condition set forth in this Agreement in favor of Seller, Seller shall have the right to condition its obligation to convey fee simple title to the Fee Parcel and the Slope Easement to the City, and close the Escrow upon the satisfaction, or written waiver by Seller, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the "Seller Closing Conditions"): (a) City Deliveries Made. City has deposited with Escrow Holder all sums and documents required of City by this Agreement. (b) No Default. City shall not be in Default of any of its obligations under this Agreement, and all representations and warranties of City contained herein shall be true and correct in all material respects. 4.2 City Closing Conditions. In addition to any other condition set forth in this Agreement in favor of City, City shall have the right to condition its obligation to purchase the Fee Parcel and Slope Easement, and close the Escrow upon the satisfaction, or written waiver by City, of each of the following conditions precedent on the Closing Date or such earlier time as provided for herein (collectively, the "City Closing Conditions"): Page 4 of 10 HB -260-Item 16. - 6 (a) Seller Deliveries Made. Seller has deposited with Escrow Holder all documents required of Seller by this Agreement to close Escrow. (b) Title Policy. The Title Company is unconditionally and irrevocably committed to issue to City at Closing a CLTA standard coverage owner's title policy, or, upon City's request and payment, an ALTA extended coverage owner's policy of title insurance, insuring City's title to the Fee Parcel and Slope Easement in the amount of the Purchase Price, subject to the standard exceptions and exclusions from coverage contained in such form of the policy and title exceptions that City accepts pursuant to Section 2.1 of this Agreement. (c) No Default. Seller shall not be in Default of any of its obligations under this Agreement, and Seller's representations and warranties contained herein shall be true and correct in all material respects as of the date of this Agreement and the Closing Date. 4.3 Satisfaction of Conditions. Where satisfaction of any of the foregoing conditions requires action by City or Seller, each party shall use its diligent efforts, in good faith, and at its own cost, to satisfy such condition. 4.4 Waiver of Conditions to Closing. Seller may at any time or times, at its election, waive any of the conditions set forth in Section 4.1 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by Seller and delivered to City and Escrow Holder. City may at any time or times, at its election, waive any of the conditions set forth in Section 4.2 above to its obligations hereunder, but any such waiver shall be effective only if contained in a writing signed by City and delivered to Seller and Escrow Holder. 4.5 Termination. In the event any of the Seller Closing Conditions set forth in Section 4.1 is not fulfilled by the outside date for the Closing Date as set forth in Section 3.2, or such earlier time period as provided for herein or waived by Seller pursuant to Section 4.4, and provided Seller is not in Default of this Agreement, Seller may at its option terminate this Agreement and the Escrow opened hereunder. In the event any of the City Closing Conditions set forth in Section 4.2 is not fulfilled by the outside date for the Closing Date as set forth in Section 3.2, or such earlier time period as provided for herein or waived by City pursuant to Section 4.4, and provided City is not in Default of this Agreement, City may at its option terminate this Agreement and the Escrow opened hereunder. In the event this Agreement is terminated, except as otherwise set forth below, all closing documents and funds delivered by Seller to City or Escrow Holder shall be returned immediately to Seller, and all closing documents and funds delivered by City to Seller or Escrow Holder shall be returned immediately to City. No termination under this Agreement shall release any party then in Default from liability for such Default. 5. REPRESENTATIONS AND WARRANTIES 5.1 Seller's Representations and Warranties. Seller hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by City has been made and the acquisition by City of the Property will have been made in material reliance by City on such covenants, representations and warranties: Page 5 of 10 HB -261-Item 16. - 7 (a) Each of the persons executing this Agreement on behalf of Seller is duly authorized to do so, and Seller has full right and authority to enter into this Agreement and consummate the transaction contemplated herein. (b) Seller is now and at all times between the date hereof and Closing, inclusive, will be the owner of the entire right, title and interest in and to the Property. (c) There are no leases or other agreements relating to the right of possession or occupancy of the Fee Parcel or the Slope Easement. (d) Seller has not entered into any agreements with any other party to sell or convey the Property or any portion thereof and the Property is not subject to any options or rights of first refusal. (e) To Seller's knowledge, there are no actions, suits, claims or other proceedings pending that could affect Seller's ability to perform its obligations under this Agreement. (f) All bills and claims for labor performed for the benefit of Seller with respect to the Property have been paid in full. 5.2 City's Representations and Warranties. City hereby makes the following representations, covenants and warranties and acknowledges that the execution of this Agreement by City has been made and the sale of the Property will have been made in material reliance by Seller on such covenants, representations and warranties: (a) Each of the persons executing this Agreement on behalf of City is duly authorized to do so, and City has full right and authority to enter into this Agreement and consummate the transaction contemplated herein (including the covenant to waive the requirement of onsite storage as set forth in Section 6). (b) City will process approval of the Phase 2 development application expeditiously. City staff will work closely with Seller's engineer, William Lee Miller, to complete the approval process. All representations and warranties contained herein shall be true and correct on the date hereof and on the Closing Date and Seller's liability from misrepresentation of or breach of warranty, representation or covenant, wherever contained in this Agreement, shall survive the execution and delivery of this Agreement and the Closing for a period of two (2) years. References to the "knowledge" of Seller shall refer only to the actual knowledge of the Seller's principals and shall not be construed, by imputation or otherwise, to refer to the knowledge of any other employee, representative, or agent of Seller, or to impose upon Seller's principals any duty to investigate the matter to which such actual knowledge or the absence thereof pertains. 6. WAIVER OF REQUIREMENT FOR ONSITE STORAGE OF DRAINAGE 6.1 City's Waiver. City waives any requirement, now or in the future, subject to Section 6.2 below, of onsite storage of drainage for the Larger Parcel and City agrees to take all drainage from Seller's catch basin for the Larger Parcel into City's system. The Purchase Price reflects a substantial financial benefit—Le., decrease of $240,000.00 in the amount of total Page 6 of 10 HB -262-Item 16. - 8 compensation for City's acquisition—for City agreeing to permanently waive the required onsite storm retention requirement. Whereas City's waiver benefits the Larger Parcel and not Seller individually, City and Seller intend for City's waiver to run with the land—that is, the waiver is intended to benefit any and all successors in title to the Larger Parcel. Accordingly, City's waiver will be memorialized in a Memorandum of Understanding in the form attached hereto as Exhibit "4", duly executed by City, to be filed for recording in the Official Records of Orange County, California. 6.2 Seller's Damages for Requirement of Onsite Storage of Drainage. If, for any reason, City imposes/retains a requirement of onsite storage of drainage in connection with Seller's Phase 2 development, Seller is entitled to payment of Two Hundred Forty Thousand Dollars ($240,000.00), plus interest at the legal rate beginning on the date this Agreement is executed. Notwithstanding any other provision in this Agreement (including Section 10.2), Seller shall be entitled to recover all expenses, including attorney's fees, reasonably incurred in enforcing this Section. 7. DEFAULTS In the event of a default by any party under this Agreement, the non-defaulting party shall provide written notice to the defaulting party of the existence of such default, and the defaulting party shall have a period of thirty (30) days after receipt of such written notice to cure such default; provided, however, if such default cannot reasonably be cured within thirty (30) days, the defaulting party shall not be in default if such party commences to cure the default within such thirty (30) day period and diligently and in good faith continues to cure the same thereafter. As used in this Agreement, the term "Default" shall refer to a default by party hereto that is not timely cured as set forth above. In the event of a Default by any party under this Agreement, the non-defaulting party shall have all rights and remedies for such breach available at law or in equity, including without limitation the remedy of specific performance. 8. SALE UNDER THREAT OF CONDEMNATION City's purchase of the Fee Parcel and the Slope Easement is in contemplation of the use of the Property for the Project. This negotiated acquisition arose during City's investigations of the acquisition of the Property for the Project. City has the authority to acquire property by eminent domain for public purposes. Seller has agreed to enter into this Agreement with City under the threat of City's exercise of its power of eminent domain. In the event this negotiated sale did not occur, subject to and pending its completion of the necessary statutory procedures set forth in Government Code § 7267 et seq., and Code of Civil Procedure § 1230.010 et seq., City's staff was prepared to have taken the steps thereunder to seek authorization from the City Council, and staff was prepared to recommend to the City Council initiation of the steps, to acquire the Property for public purposes pursuant to Government Code § 7267 et seq., and Code of Civil Procedure § 1230.010 et seq., including providing notice to Seller of its opportunity to be heard and to agendize, consider, and take action on a resolution of necessity under Code of Civil Procedure § 1245.230 et seq. Without City's threat of condemnation, Seller would not sell the Fee Parcel and the Slope Easement to City. In fact, Seller planned to develop and use the Fee Parcel as part of its Phase 2 development of the Larger Parcel. Page 7 of 10 HB -263-Item 16. - 9 9. RELEASE AND WAIVER Other than the City's obligations under this Agreement, Seller, for itself and its agents, successors, assigns (collectively, the "Releasor"), fully releases, acquits and discharges City and its officers, officials, employees, attorneys, and agents (all of the foregoing, collectively, the "Released Parties"), from all rights, claims, demands, actions or causes of action that Releasor has or may have against the Released Parties arising out of or related to City's acquisition of the Fee Parcel and the Slope Easement, including, but not limited to Releasor's property rights and interest, relocation benefits and assistance, all leasehold interests and rights of tenancy or occupancy, all improvements, furniture, fixture, and equipment, business goodwill, lost rental income or sublease or license income, severance damages, damages for impairment of use or access, pre-condemnation damages, economic or consequential damages, litigation expenses, professional consultant fees, attorney's fees and costs, expert witness fees and costs, interest, all other costs, and any and all compensable interests, and/or damages, and/or claims, of any kind and nature, claimed or to be claimed, suffered or to be suffered, by Releasor, by reason of City's acquisition of the Fee Parcel and the Slope Easement and construction of the Project in the manner proposed. Notwithstanding the foregoing, the parties acknowledge and agree that the foregoing release shall not extend to claims arising out of or relating to the parties' obligations under this Agreement. 10. MISCELLANEOUS 10.1 Notices. All notices required to be delivered under this Agreement to a party must be in writing and shall be effective (a) when personally delivered by the other party or messenger or courier thereof, (b) three (3) business days after deposit in the United States mail, registered or certified; (c) twenty-four (24) hours after deposit before the daily deadline time with a reputable overnight courier or service; or (d) upon receipt of a facsimile transmission, in each case postage fully prepaid and addressed to the respective parties as set forth below or to such other address and to such other persons as a party may hereafter designate by written notice to the other party hereto: To City: To Seller: Copy to: City of Huntington Beach P.O. Box 190 2000 Main Street Huntington Beach, CA 92648 Attn: Fred Wilson, City Manager Email: Fred.Wilson@surfcity-hb.org M. Westland, LLC 13070 Old Bolsa Chica Rd. Westminster, CA 92683 Attn: W. Lee Miller Email: showcase-lee@cox.net Enterprise Counsel Group, ALC Three Park Plaza, Suite 1400 Irvine, California 92614 Attn: Cory L. Webster, Esq. Facsimile: (949) 833-8540 Page 8 of 10 HB -264-Item 16. - 10 10.2 Litigation Expenses. Subject to Section 6.2, each party shall be responsible for its own legal fees and expenses incurred in connection with any litigation between any of the parties arising from this Agreement. 10.3 Assignment. Subject to the promises contained in Section 6 and the Memorandum of Understanding in the form attached hereto as Exhibit "4," no party shall assign this Agreement or any right or privilege that party might have under this Agreement without the prior written consent of the other parties, which may be granted or withheld in that party's sole discretion. 10.4 Further Assurances. Whenever and as often as requested by a party, the other party will promptly execute and deliver, or cause to be executed and delivered, all such other and further instruments, documents or assurances, and promptly do or cause to be done all such other and further things as may be necessary and reasonably required in order to further and more fully discharge and perform the obligations and agreements hereunder, and to more fully vest in such requesting party, all rights, interests, powers, benefits, privileges and advantages conferred, or intended to be conferred upon it by this agreement. 10.5 Commissions. Seller and City each represent and warrant to the other that no real estate brokerage commission is payable to any person or entity in connection with the transaction contemplated hereby on account of or due to the acts or omissions of such representing party, and each agrees to and does hereby indemnify, defend and hold the other harmless from and against the payment of any commission to any other person or entity claiming by, through or under Seller or City, as applicable. This indemnification shall extend to any and all claims, liabilities, and costs and expenses (including reasonable attorneys' fees and litigation costs) arising as a result of such claims and shall survive the Closing. 10.6 Time of the Essence. Time is of the essence with respect to each of the terms, covenants, and conditions of this Agreement. 10.7 Entire Agreement, Waivers, and Amendments. This Agreement and its exhibits incorporate all of the terms and conditions mentioned herein, or incidental hereto. All waivers of the provisions of this Agreement must be in writing and signed by the appropriate authorities of the party to be charged. Any amendment or modification to this Agreement must be in writing and executed by Seller and City. 10.8 Governing Law; Venue. This Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto. This Agreement shall be construed in accordance with the laws of the State of California, without regard to conflict of law principles. All legal actions must be instituted and maintained in the Superior Court of the County of Orange, State of California, or in any other appropriate court in that County. 10.9 Severability. If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. 10.10 Covenants to Survive Escrow. The covenants and agreements contained in this Agreement, which are intended by their express terms to survive the Close of Escrow, shall survive the Close of Escrow, and shall not be merged with the Grant Deeds. Page 9 of 10 HB -265-Item 16. - 11 usiriess Development 2. Date: Deputy Director o 10.11 Execution in Counterpart and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery, and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Facsimile and electronic signature pages shall constitute originals and shall be binding. 10.12 Exhibits. Exhibits "1," "2," "3," and "4" attached to this Agreement are incorporated herein by this reference and made a part hereof. Said Exhibits are identified as follows: Exhibit "1" Acceptance by Escrow Holder Exhibit "2" Legal Description and Depiction of Fee Parcel (Exhibits A and B) and Slope Easement (Exhibits C and D) Exhibit "3" Grant Deed Exhibit "4" Memorandum of Understanding M. Westland, LLC City of Huntington Beach, a municipal corporation of the State of California By: Print name: William Lee Miller Its: Member Mayor Date: Date: AND By: Print name: Walter James Miller Its: Member Date: APPROVED AS TO FORM: City Attorney Date: INITIATED AND APPROVED: REVIEWED AND APPROVED: City Manager Date: Page 10 of 10 COUNTERPART HB -266-Item 16. - 12 By: 10.11 Execution in Counterpart and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which shall be effective only upon delivery, and thereafter shall be deemed an original, and all of which shall be taken to be one and the same instrument, for the same effect as if all parties hereto had signed the same signature page. Facsimile and electronic signature pages shall constitute originals and shall be binding. 10.12 Exhibits. Exhibits "1," "2," "3," and "4" attached to this Agreement are incorporated herein by this reference and made a part hereof. Said Exhibits are identified as follows: Exhibit "1" Acceptance by Escrow Holder Exhibit "2" Legal Description and Depiction of Fee Parcel (Exhibits A and B) and Slope Easement (Exhibits C and D) Exhibit "3" Grant Deed Exhibit "4" Memorandum of Understanding Print name William Lee Miller Its: Member / Date: // 7# Print name: Walterolames Miller Its: Member Date: •5/Z:Z-h —/ City of Huntington Beach, a municipal corporation of the State of California Mayor Date: APPROVED AS TO FORM: City Attorney Date: INITIATED AND APPROVED: Deputy Director of Business Development Date: REVIEWED AND APPROVED: City Manager Date: Page 10 of 10 COUNTERPART HB -267-Item 16. - 13 EXHIBIT "1" HB -268-Item 16. - 14 EXHIBIT "1" WILL BE PROVIDED BY ESCROW HOLDER HB -269-Item 16. - 15 EXHIBIT "2" HB -270-Item 16. - 16 Exhibit A THAT REAL PROPERTY, LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF PARCEL 11, OF PARCEL MAP 83-563, FILED IN BOOK 202, PAGES 12 AND 13 OF PARCEL MAPS IN RECORDS OF SAID COUNTY MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID PARCEL 11, SAID SOUTHWEST CORNER BEING A POINT ALONG THE NORTH LINE OF HELL AVENUE (40' NORTH OF THE CENTERLINE OF HEIL AVENUE, AS SHOWN ON SAID PARCEL MAP 83-563), THENCE EASTERLY ALONG SAID NORTH LINE NORTH 89'25'53" EAST, 40.50 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 40,50 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 11; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 0043'57" WEST, 68.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH 56'17'04" EAST, 53,04 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 95,00 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 11; THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 00'4357" WEST, 100,00 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL TO AND 197.00 FEET NORTH OF SAID NORTH LINE OF HEIL AVENUE; THENCE WESTERLY ALONG SAID PARALLEL LINE, SOUTH 89'25'53" WEST, 95.00 FEET, TO THE EASTERLY LINE OF THAT CERTAIN REAL PROPERTY DEDICATED TO THE CITY OF HUNTINGTON BEACH, FOR DRAINAGE PURPOSES, RECORDED IN BOOK 6493, PAGE 894 OF OFFICIAL RECORDS, OF SAID COUNTY, SAID EAST LINE ALSO BEING THE WESTERLY LINE OF SAID PARCEL 11, OF PARCEL MAP 83-563; THENCE SOUTHERLY ALONG SAID WESTERLY LINE, OF SAID PARCEL 11, THE FOLLOWING COURSES; SOUTH 0043'57" EAST, 105.00 FEET; NORTH 89'25'53" EAST, 10,00 FEET; SOUTH 00'43'57" EAST, 92.00 FEET, TO THE POINT OF BEGINNING OF THIS DESCRIPTION. CONTAINING 14,123 SQUARE FEET MORE OR LESS (0,32 ACRES), SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD, EXHIBIT "0", IS ATTACKED AND BY THIS REFERENCE. MADE A PART HEREOF, JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/17 HEIL PUMP STATION LEGAL DESCRIPTION PORTION OF A.P.N. 142-122-6 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS HB -271-Item 16. - 17 f GOLDEN WES 40" 10' P 181 C'i 11"-- 40,50' cr) i I t.r.)1. :11- 4-0 50' ---=. 8 r ‘ ]POINT OF 1 :BEGINNING, S'WLYR :COR PARCEL 11, 4 :202/12-13 PM, , P - 11. F972'67.N) _j-. H.,„....„, 40,50' 1 --."€€' SOUTHERN CALIFORNAI EDISON CO, 1:)). 'E-i.`,SEMENT RECORDED IN BOOK 7623, :I- d PAGE 927 0,R, AND 10' GENERAL TEL. CO, EASEMENT RECORDED IN BOOK z ,7-1,...3,3 '7' AG, LE. 9 12. (:)" <- - • o n 6 PORTION or PARCEL !I 0 PM 83563, 20 211 I 3 PM : CONTAINING 14,123• SCR FT ! 8 MORE OR LESS [0,32 AQRES]: z D .PUMP STATION SITE (N8925'53”E, 620,6e)-11 1 97,00' •'\ LINE TABLE: L1= (N89•25'53 E, 10,00') REFERENCE: ) = RECORD PER PARCEL MAP 83-563, FILED IN BOOK 202, PAGES 12 AND 13 OF P.M.B. 95.00' - N-N'LY LINE HEIL AVE ORAPHIC CALE to' 0 30' SCALE 1" --- 30' Exhibit B 40' 114 GOTHARD S HEIL PUMP STATION SITE PLAT PORTION OF A.P.N. 142-122-6 CITY OF HUNTINGTON BEACH ‘41. DEPARTMENT OF PUBLIC WORKS I OF 1) HB -272-Item 16. - 18 Exhibit C THAT REAL PROPERTY, LOCATED IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA BEING A PORTION OF PARCEL 11, OF PARCEL MAP 83-563, FILED IN BOOK 202, PAGES 12 AND 13 OF PARCEL MAPS IN RECORDS OF SAID COUNTY, THE PURPOSE OF THIS DESCRIPTION IS TO DESCRIBE A PARCEL OF LAND FOR SLOPE EASEMENT PURPOSES, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID PARCEL 11, SAID SOUTHWEST CORNER BEING A POINT ALONG THE NORTH LINE OF HEIL AVENUE (40' NORTH OF THE CENTERLINE OF HEIL AVENUE, AS SHOWN ON SAID PARCEL MAP 83-563), THENCE EASTERLY ALONG SAID NORTH LINE NORTH 8925'53" EAST, 40.50 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 40.50 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL ii AND THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; THENCE NORTHERLY ALONG SAID PARALLEL LINE NORTH 00°43'57" WEST, 68.00 FEET; THENCE LEAVING SAID PARALLEL LINE, NORTH •5617'04" EAST, 53.04 FEET, TO THE SOUTHERLY TERMINUS OF A LINE PARALLEL TO AND 95,00 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 11; THENCE NORTHERLY ALONG SAID PARALLEL LINE, NORTH 0043'57" WEST, 100.00 FEET TO THE EASTERLY TERMINUS OF A LINE PARALLEL TO AND 197.00 FEET NORTH OF SAID NORTH LINE OF HEIL AVENUE; THENCE ALONG SAID PARALLEL LINE, SOUTH 8925'53" WEST, 95,00 FEET, TO THE EASTERLY LINE OF THAT cER1A1N REAL PROPERTY DEDICATED TO THE CITY OF HUNTINGTON BEACH, FOR DRAINAGE PURPOSES, RECORDED IN BOOK 6493, PAGE 894 OF OFFICIAL RECORDS, OF SAID COUNTY, SAID EAST LINE ALSO BEING THE WESTERLY LINE OF SAID PARCEL 11, OF PARCEL MAP 83-563; THENCE NORTHERLY ALONG SAID EASTERLY LINE NORTH 00'43'57" WEST, 6.00 FEET TO THE WESTERLY TERMINUS OF A LINE PARALLEL TO AND 203,00 FEET NORTH OF SAID NORTH LINE OF HEIL AVENUE; THENCE EASTERLY ALONG SAID PARALLEL LINE NORTH 8925 '53" EAST, 101,00 FEET TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 101,00 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 11; THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 00°43'57" EAST, 109.24 FEET; THENCE LEAVING SAID PARALLEL LINE SOUTH 56°17'04" WEST, 53,04 FEET, TO THE NORTHERLY TERMINUS OF A LINE PARALLEL TO AND 46,50 FEET EASTERLY OF THE WEST LINE OF SAID PARCEL 11; HEIL PUMP STATION SLOPE EASEMENT LEGAL DESCRIPTION PORTION OF A.P.N. 142-122-6 CITY OF HUNTINGTON BEACH \ft. DEPARTMENT OF PUBLIC WORKS 1 OF 2) HB -273-Item 16. - 19 JOSEPH G. DERLETH PLS 7340 EXPIRES 12/31/17 Exhibit C (CONTINUED) THENCE SOUTHERLY ALONG SAID PARALLEL LINE SOUTH 0043'57" EAST, 64.76% TO THE NORTH LINE OF SAID HEIL AVENUE; THENCE WESTERLY ALONG SAID NORTH LINE SOUTH 89 4 2553" WEST 6,00 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION; CONTAINING 1,932 SQUARE FEET MORE OR LESS (0.04 ACRES). SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND EASEMENTS OF RECORD. EXHIBIT "D", IS ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF. HEIL PUMP STATION SLOPE EASEMENT LEGAL DESCRIPTION PORTION OF A.P.N. 142-122-6 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS 2 OF 2) HB -274-Item 16. - 20 101,00 ' 8 1 Cjr Lu io I 0 40,50 - • LL1 •-• N.I I N (r) -v-- --- N-N t LY UNE L3 HEIL AVE GOTHARD ST 40 ' GOLDENWEST ST 40 " 1 OF '1 IA 8 9 5 5 , jptog .1 L.2-cff E 6 ,00 1 TYP (SOD 4357"E). .6.:1607= :77 Exhibit D 1-6 00 TYP 95.00 ' PUMP STATION SITE *-1 P OR 1'10 OF PA ;(; I P M : -56 :3 , 2 0 .2/ i 5 PM Ei.:3 —SLOPE EASEMENT AREA CONTAINING 1,932 SOR FT MORE OR LESS [0,04 ACRES] a, 30' SCALE 1" = LINE TABLE: L1 = (N89 *25 1 53 "E, 10.00 ') L2 = (NO0 '43 '57 ”W), 6,00 ' L3 = (S8925 '53 9 W), 6,00 ' REFERENCE: ) = RECORD PER PARCEL MAP 83-563, FILED IN BOOK 202, PAGES 12 AND 13 OF P.M.B. N89'25 1 5YE 40,50' 1-% 'rPb o =POINT OF COMMENCEMENT, VWLY LEGEND: COR PARCEL 11, 202/12-13 PM B o =TRUE POINT OF BEGINNING (N89'25'53nE, 620,68') PROPOSED PUMP STATION SLOPE EASEMENT FLAT PORTION OF A.P.N. 142-122-6 CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS r- HEIL AVE--J HB -275-Item 16. - 21 EXHIBIT "3" HB -276-Item 16. - 22 EXHIBIT "3" WILL BE PREPARED AND EXECUTED DURING ESCROW HB -277-Item 16. - 23 EXHIBIT "4" HB -278-Item 16. - 24 RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: M. Westland, LLC 13070 Old Bolsa Chica Rd. Westminster, CA 92683 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: 142-122-06 MEMORANDUM OF UNDERSTANDING REGARDING CITY OF HUNTINGTON BEACH'S WAIVER OF REQUIREMENT FOR ONSITE STORAGE OF DRAINAGE This MEMORANDUM OF UNDERSTANDING REGARDING CITY OF HUNTINGTON BEACH'S WAIVER OF REQUIREMENT FOR ONSITE STORAGE OF DRAINAGE (this "Memorandum") is executed and dated for reference purposes as of ,2017, by and between M. WESTLAND, LLC, a Delaware limited liability company ("Owner"), and the CITY OF HUNTINGTON BEACH, a California municipal corporation ("City"). RECITALS A. Owner owns certain real property comprised of approximately 17.07 acres located at the northwest corner of Gothard Street and Heil Avenue in the City of Huntington Beach, County of Orange, State of California and identified as Assessor Parcel #142-122-06 (the "Property"). B. In connection with the City's Heil Avenue Stormwater Rehabilitation Project, City desires to acquire from Owner certain interests in the Property for a pump station. C. City has the authority to acquire property for public uses utilizing City's power of eminent domain. In lieu of City's exercise of said power and under the threat thereof, Owner has agreed to convey interests in a portion of the Property to City under the terms of a separately executed Purchase and Sale Agreement and Joint Escrow Instructions ("Purchase and Sale Agreement"). D. As set forth below, for a specified reduction in the purchase price for City's acquisition, City has agreed to provide a substantial benefit to the part of the Property not being acquired by City. AGREEMENT As provided in the Purchase and Sale Agreement, and in consideration of the rights and obligations of the parties thereunder, and for other good and valuable consideration (including a reduction in the purchase price for the property interests being acquired by City), the sufficiency of which is hereby acknowledged by the parties, City hereby promises and agrees as follows: SAMPLE HB -279-Item 16. - 25 1, Waiver of Requirement for Onsite Storage. City permanently waives any requirement, now or in the future, of onsite storage of drainage for the Property and City agrees to take all drainage from catch basin for the Property into City's drainage system. Whereas City's waiver benefits the Property and not Owner individually, City and Owner intend for City's waiver to run with the land—that is, the waiver is intended to benefit any and all successors in title to the Property. 2. Damages for Requirement of Onsite Storage of Drainage. If, for any reason, City imposes/retains a requirement of onsite storage of drainage for the Property, Owner or its successors and assigns is/are entitled to payment of Two Hundred Forty Thousand Dollars ($240,000,00), plus interest at the legal rate beginning on [date Purchase and Sale Agreement is executed], 2017. Notwithstanding any provision in the Purchase and Sale Agreement, Owner or its successors and assigns shall be entitled to recover all expenses, including attorney's fees, reasonably incurred in enforcing this covenant. 3. Execution. This Memorandum may be executed in counterparts and, when counterparts of this Memorandum have been executed and delivered by all parties hereto, this Memorandum shall by fully binding and effective, just as if all parties hereto have executed and delivered a single counterpart hereof. 4. Effect, This Memorandum is intended to provide record notice of City's waiver. IN WITNESS WHEREOF, this Memorandum has been executed by the parties on the date and year first written above, M. Westland, LLC By: Print name: William Lee Miller Its: Member Date: City of Huntington Beach, a municipal corporation of the State of California City Manager Date: AND APPROVED AS TO FORM: By: Print name: Walter James Miller Its: Member Date: City Attorney Date: HB -280-Item 16. - 26 ) ) ) SS ) ) ) SS STATE OF CALIFORNIA COUNTY OF On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public STA I E OF CALIFORNIA COUNTY OF On , before me, , Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) Notary Public HB -281-Item 16. - 27 Dept. ID Ad-17-015 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: The City would like to explore the concept of community choice aggregation (CCA). In order to explore CCA the City needs to sign a Non-Disclosure Agreement (NDA) with Southern California Edison (SCE) to obtain customer class energy usage data. This data is used to create a Pro Forma and conduct an analysis to see if a CCA would be economically viable for the City’s customers (residential, industrial, government, and commercial). Financial Impact: There is no fiscal impact by signing the NDA with SCE. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Community Choice Aggregator Non-Disclosure Agreement” with Southern California Edison. Alternative Action(s): Do not authorize the Mayor and City Clerk to sign the Non-Disclosure Agreement and direct staff on next steps. Analysis: Since 2002, thirty-three (33) communities have launched or are in the process of launching community choice energy programs. All of these CCAs have signed an NDA with their respective Investor Owned Utility (IOU). Currently, the cities of Laguna Beach, Newport Beach, Orange, Garden Grove, Tustin, and Lake Forest are in various stages of CCA exploration. At the January 2017 Strategic Planning session, City Council discussed the concept of Community Choice Aggregation. In February, staff received quotes from firms to conduct a feasibility study. Good Energy was selected to perform the study for the City. In order to perform the study, Good Energy on behalf of the City needs to acquire data from SCE to understand the electricity load and usage trends in the City for both residential and commercial. This Non-Disclosure Agreement (NDA) will enable the City to receive energy usage data that will be analyzed by Good Energy to determine if CCA is feasible in Huntington Beach A feasibility study is the first step in investigating CCA. If the potential margin for cost savings is large enough as identified in the study, the City Council may elect to continue to investigate the formation of a CCA as a next step. The results of the study will be presented to City Council upon completion. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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: Approve and authorize execution of a Southern California Edison (SCE) Non- Disclosure Agreement HB -282-Item 17. - 1 Dept. ID Ad-17-015 Page 2 of 2 Meeting Date: 6/5/2017 Community Choice Energy/Aggregation would enable the City of Huntington Beach and others in Orange County (should we wish to partner with other cities) the ability to have local control over electricity rates, efficiency programs, and local generation. This is an economic development tool that allows communities to realize reduced energy costs and create workforce development programs that create jobs. The California Public Records Act explicitly exempts utility customer information from disclosure. Additionally, the Public Utilities Code Section 8380 requires utilities, and via Public Utilities Commission decision, CCAs as well, to execute these NDAs and take other appropriate measures to safeguard customer data privacy. This NDA form is necessary for compliance with the rule of law. The NDA has been reviewed by the City Attorney’s Office and has been approved-as-to-form. Concerns were raised about data and the California Public Records Act. These concerns were vetted by the City Attorney’s Office, and the City and SCE have come to terms on what can and cannot be shared. Environmental Status: Not Applicable Strategic Plan Goal: Improve quality of life Attachment(s): 1. Letter from Southern California Edison 2. Non-Disclosure Agreement from Southern California Edison HB -283-Item 17. - 2 From: Andrea Tozer Sent: Tuesday, May 09, 2017 1:56 PM To: Vigliotta, Mike Cc: Gates, Michael; Fadia Khoury Subject: Clarification of CCA NDA Mr. Vigliotta, As we discussed during our telephone conferences, you raised concerns about your client’s compliance with Section 2 of SCE’s Community Choice Aggregator Non-Disclosure Agreement, Filed Form 14-769 (NDA), given disclosure obligations you believe you may have under the California Public Records Act (CPRA) as well as the need to disclose certain materials regarding the decision to create a CCA to the City Council including public review. The relevant NDA provision, which is within a filed form approved by the California Public Utilities Commission (and thus has the full force and effect of law), states: “Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained.” You expressed concern that the definition above would prevent the City of Huntington Beach from publicly disclosing documents in two ways that do not themselves contain—or cannot, in the City’s assessment, be reasonably reverse-engineered to identify—any customer-specific information. While SCE does not offer legal advice to you about your compliance with statutes that may bear on your client’s rights and obligations under various disclosure laws, SCE interprets this provision of the NDA consistent with Schedule Community Choice Aggregation- Information Fees (CCA-INFO), which explains in Special Condition 1 that customer confidentiality is protected if customer-specific information is aggregated in compliance with the 15/15 Rule. As such, information aggregated in compliance with the 15/15 Rule may be disclosed pursuant to the CPRA or as part of public presentations. The 15/15 Rule requires any aggregated information to contain at least 15 customers and a single customer’s load must be less than 15% of an assigned category. SCE does not view reports, analyses, or studies that do not include customer-confidential information, or that include only data aggregated in compliance with the 15/15 Rule (as described in Schedule CCA-INFO), as being confidential information within the scope of the NDA. Please let me know if you have any questions. HB -284-Item 17. - 3 INTERM,TIONALcunquiny Southern California Edison Revised Cal. PUC Sheet No. 57117-E Rosemead, California (U 338-E) Cancelling Revised Cal. PUC Sheet No. 51040-E Sheet 1 COMMUNITY CHOICE AGGREGATOR NON-DISCLOSURE AGREEMENT Form 14-769 (To be inserted by utility) Issued by (To be inserted by Cal. PUG) Advice 3243-E RD. Nichols Date Filed Jul 8, 2015 Decision Senior Vice President Effective Oct 1, 2015 1C15 Resolution HB -285-Item 17. - 4 SOUTHERN CALIFORNIA EDISON An EDISON INTERNATIONAL Company COMMUNITY CHOICE AGGREGATOR NON-DISCLOSURE AGREEMENT This Non-Disclosure Agreement ("Agreement") is entered into by and between Southern California Edison Company (SCE) ("Utility") and , a (T) [describe political entity} Community Choice Aggregator (T) ("CCA") as of . ("Effective Date"). This Agreement is executed pursuant to California Public Utilities Commission ("CPUC") Order Instituted Rulemaking ("OIR") 03-10-003, California Public Utilities Code ("PU Code") Section 366.2 et seq., and applicable Utility tariffs (as modified hereafter from time to time). As used herein the Utility and CCA may each be referred to individually as a "Party" and collectively as (T) "Parties." The CPUC has determined that CCA may obtain specified confidential customer information from Utility pursuant to Tariff Schedules Community Choice Aggregation — (T) Information Fees ("CCA-INFO") and Community Choice Aggregation — Service Fees ("CCA- (T) SF") (as modified hereafter from time to time) as a CCA, as defined by PU Code Section (T) 331.1, solely in order to investigate, pursue or implement Community Choice Aggregation (D) Services pursuant to PU Code Section 366.2, et seq. or solely to administer energy efficiency (N) programs in the CCA's geographic territory upon CPUC authorization pursuant to PU Code (T) section 381.1 ("CCA Service"). The provisions of this Agreement and Schedules CCA-INFO (T) and CCA-SF govern the disclosure of Utility's confidential customer information to CCA (T) ("Disclosure Provisions"). The Parties hereby mutually agree that: Subject to the terms and conditions of this Agreement, current proprietary and confidential information of Utility regarding customers of Utility ("Utility Customers") may be disclosed to CCA from time to time in connection herewith as (D) provided by the Disclosure Provisions and solely for the purpose of CCA Service. (D) Such disclosure is subject to the following legal continuing representations and (T) warranties by CCA: (a) CCA represents and warrants that, pursuant to PU Code Section 331.1, (1) it is either (i) a city, county, or other entity as defined in PU Code Section 331.1 whose governing board has elected to combine the loads of its residents, businesses, and municipal facilities in a community wide electricity buyers, or (ii) a city, county, or other entity as defined in PU (D) Code Section 331.1 that intends to actively investigate or pursue delivery (N) of electric service to customers located within the geographic territory of (T) the CCA; and (2) that to investigate, pursue or implement CCA Service, it (T) requires certain Confidential Information, as defined in Section 2, below; Form No. 14-769 7/2015 Page 1 of 6 HB -286-Item 17. - 5 (b) CCA represents and warrants that it has all necessary authority to enter into this Agreement, and that it is a binding enforceable Agreement according to its terms; (c) CCA represents and warrants that the authorized representative(s) executing this Agreement is authorized to execute this Agreement on behalf of the CCA; and (d) CCA confirms its understanding that the information of Utility Customers (T) is of a highly sensitive confidential and proprietary nature, and that such information will be used as contemplated under the Disclosure Provisions solely for the purposes of investigating, pursing or implementing CCA (T) Service, and that any other use of the information may permit Utility to suspend providing further information hereunder. (e) CCA represents and warrants that it will implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure, and prohibits the use of the data for a secondary commercial purpose not related to CCA Service or energy efficiency purposes without the customer's prior consent to that use. 2. The confidential and proprietary information disclosed to CCA in connection (T) herewith may upon request include, without limitation, the following billing (N) information about Utility Customers: Customer-specific information from the current billing periods as well as prior 12 months consisting of: service account number, name on service account, service address with zip code, mailing address with zip code, email address, telephone number, meter number, monthly kWh usage, monthly maximum demand where available, electrical or gas consumption data as defined in PU Code Section 8380, other data detailing electricity or needs and patterns of usage, Baseline Zone, CARE participation, End Use Code (Heat Source) Service Voltage, Medical Baseline, Meter Cycle, Bill Cycle, Level Pay Plan and/or other plans, Horse Power Load and Number of Units and monthly rate schedule for all accounts within the CCA's geographic territory (collectively, "Confidential Information"). (N) Confidential Information shall also include specifically any copies, drafts, revisions, analyses, summaries, extracts, memoranda, reports and other materials prepared by CCA or its representatives that are derived from or based on Confidential Information disclosed by Utility, regardless of the form of media in which it is prepared, recorded or retained. 3. Except for electric usage information provided to CCA pursuant to this Agreement, Confidential Information does not include information that CCA proves (a) was properly in the possession of CCA at the time of disclosure; (b) is or becomes publicly known through no fault of CCA, its employees or representatives; or (c) was independently developed by CCA, its employees or representatives without access to any Confidential Information. 4. From the Effective Date, no portion of the Confidential Information may be disclosed, disseminated or appropriated by CCA, or used for any purpose (T) other thanfor CCA Service as permitted under this Agreement and the Disclosure Provisions. Form No. 14-769 7/2015 Page 2 of 6 HB -287-Item 17. - 6 5. CCA shall, at all times and in perpetuity, keep the Confidential Information in the strictest confidence and shall take all reasonable measures to prevent unauthorized or improper disclosure or use of Confidential Information. CCA shall implement and maintain reasonable security procedures and practices appropriate to the nature of the information, to protect the Confidential Information from unauthorized access, destruction, use, modification, or disclosure and prohibits the use of the data for a secondary commercial purpose not related to CCA Service. Specifically, CCA shall restrict access to Confidential Information, and to materials prepared in connection therewith, to those employees or representatives of CCA who have a "need to know" such Confidential Information in the course of their duties with respect to the CCA (T) Service and who agree to be bound by the nondisclosure and confidentiality obligations of this Agreement, provided, however, that, an Energy Service Provider, agent, or any other entity, including entities that provide both direct access (as codified in Assembly Bill No. 1890, Stats. 1996, ch. 854) and CCA (T) Service shall limit their utilization of the information provided to the purposes for which it has been provided and shall not utilize such information, directly or indirectly, in providing other services, including but not limited to Direct Access services, in order to effectuate the obligations of this Agreement. Prior to disclosing any Confidential Information to its employees or representatives, CCA shall require such employees or representatives to whom Confidential Information is to be disclosed to review this Agreement and to agree in writing to be bound by the terms of this Agreement by signing the "Non-Disclosure Agreement for CCA Employees or Representatives" form attached as Exhibit A hereto. CCA shall provide Utility with copies of the signed Exhibit A forms at Utility request. CCA shall also provide Utility with a list of the names, titles, and addresses for all persons or entities to which Confidential Information is disclosed in connection herewith ("Disclosure List"). This Disclosure List shall be updated by CCA on a regular basis, and will be provided to Utility once each quarter at a minimum. 6. CCA shall be liable for the actions of, or any disclosure or use by, its employees or representatives contrary to this Agreement; however, such (T) liability shall not limit or prevent any actions by Utility directly against such employees or representatives for improper disclosure and/or use. In no event shall CCA or its employees or representatives take any actions related to Confidential Information that are inconsistent with holding Confidential Information in strict confidence. CCA shall immediately notify Utility in writing if it becomes aware of the possibility of any misuse or misappropriation of the (T) Confidential Information by CCA or any of its employees or representatives. (T) However, nothing in this Agreement shall obligate Utility to monitor or enforce CCA's compliance with the terms of this Agreement. Form No. 14-769 7/2015 Page 3 o16 HB -288-Item 17. - 7 7. CCA shall comply with the consumer protections and requirements concerning (N) subsequent disclosure and use of Confidential Information pursuant to CPUC (N) Decision No. 12-08-045. (N) 8. CCA acknowledges that disclosure or misappropriation of any Confidential (T) Information could cause irreparable harm to Utility and/or Utility Customers, the amount of which may be difficult to assess. Accordingly, CCA hereby (T) confirms that Utility shall be entitled to apply to a court of competent (T) jurisdiction or the CPUC for an injunction, specific performance or such other relief (without posting bond) as may be appropriate in the event of improper disclosure or misuse of its Confidential Information by CCA or its employees or representatives. Such right shall, however, be construed to be in addition (T) to any other remedies available to Utility, in law or equity. 9. In addition to all other remedies, CCA shall indemnify and hold harmless (T) Utility, its affiliates, subsidiaries, parent company, officers, employees, or agents from and against and claims, actions, suits, liabilities, damages, losses, expenses and costs (including reasonable attorneys' fees, costs and disbursements) attributable to actions or non-actions of CCA and/or its employees and/or its representatives in connection with the use or disclosure of Confidential Information. 10. If, at any time, CCA ceases its investigation, pursuit or implementation of community choice aggregation pursuant to PU Code Section 366.2 et seq., CCA shall promptly return or destroy (with written notice to Utility itemizing the materials destroyed) all Confidential Information then in its possession at the request of Utility. Notwithstanding the foregoing, the nondisclosure obligations of this Agreement shall survive any termination of this Agreement. (T) 11. This Agreement shall be binding on and inure to the benefit of the successors and permitted assigns of the Parties hereto. This Agreement shall not be assigned, however, without the prior written consent of the non-assigning Party, which consent may be withheld due to the confidential nature of the information, data and materials covered. (T) 12. This Agreement sets forth the entire understanding of the Parties with respect to the subject matter hereof, and supersedes all prior discussions, negotiations, understandings, communications, correspondence and representations, whether oral or written. This Agreement shall not be amended, modified or waived except by an instrument in writing, signed by both Parties, and, specifically, shall not be modified or waived by course of performance, course of dealing or usage of trade. Any waiver of a right under this Agreement shall be in writing, but no such writing shall be deemed a subsequent waiver of that right, or any other right or remedy. Form No. 14-769 7/2015 Page 4 of 6 HB -289-Item 17. - 8 13. This Agreement shall be interpreted and enforced in accordance with the laws (T) of the State of California, without reference to its principles on conflicts of laws. 14. This Agreement shall, at all times, be subject to such changes or modifications (T) by the CPUC as it may from time to time direct in the exercise of its jurisdiction. IN WITNESS WHEREOF, the authorized representatives of the Parties have executed this Agreement as of the Effective Date. SOUTHERN CALIFORNIA EDISON COMPANY BY: TITLE: [CCA name] BY: TITLE: CITY OF HUNTINGTON BEACH By Mayor ATTEST: By: City Clerk Form No. 14-769 7/2015 Page 5 of 6 HB -290-Item 17. - 9 EXHIBIT A NON-DISCLOSURE AGREEMENT FOR CCA EMPLOYEES OR REPRESENTATIVES , declare under penalty of perjury that (1) I am employed as (title) at (employer and address); and (2) I have personally reviewed the attached COMMUNITY CHOICE AGGREGATOR NON- DISCLOSURE AGREEMENT relating to disclosure and use of Confidential Information (as defined therein) and 1 agree to be bound by its provisions. Signed: Print Name: Dated: Form No. 14-769 7/2015 Page 6 of 6 HB -291-Item 17. - 10 Dept. ID AD-17-016 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: On December 21, 2015, the City entered into an agreement with Southern California Gas Company (SCG) to enable SCG to attach their Data Collection Units (DCUs) to City owned streetlights. As of May 25, 2017 the City has taken over and paid for 2,700 streetlights from Southern California Edison (SCE). This Amendment will add 18 DCU sites which were previously on SCE owned poles and are now owned by the City. Financial Impact: The Gas Company will pay to the City a one-time fee of $780 per pole ($14,040). The payment is based on a lease charge of $39 per pole for 20 years. Recommended Action: Approve and authorize the City Manager to execute “Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach, California and Southern California Gas Company.” Alternative Action(s): Do not approve the Amendment and provide direction to staff. Analysis: Since 2012, SCG has been rolling out their Advanced Metering Project (AMP) following the California Public Utilities Commission decision in 2010 to have gas utilities upgrade their existing supply of over six million natural gas meters by 2017. Advanced meters automatically read and securely transmit gas usage information to data collection units. On December 21, 2015, the City Council approved an attachment agreement with SCG to allow SCG to attach three (3) DCUs on City owned streetlights. The Gas Company had an agreement with SCE for its streetlights but as the ownership of the streetlights transitions from SCE to the City an amendment to the City’s existing agreement is needed to include the new locations. The price and terms remain the same, with the lease payment of $780 per pole for twenty years. Environmental Status: CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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: Approve and authorize execution of Amendment No. 1 to an Attachment Agreement with Southern California Gas Company (SCG) for Advanced Meter Facilities on City-owned Street Lights HB -292-Item 18. - 1 Dept. ID AD-17-016 Page 2 of 2 Meeting Date: 6/5/2017 The lease agreement and the amendment are categorically exempt under the California Environmental Quality Act under Class 1, Existing Facilities. The attachment of equipment to an existing City facility involves negligible or no expansion of use beyond that previously existing. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Amendment No. 1 to Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company HB -293-Item 18. - 2 AMENDMENT NO. 1 TO ATTACHMENT AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH, CALIFORNIA AND SOUTHERN CALIFORNIA GAS COMPANY THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and SOUTHERN CALIFORNIA GAS COMPANY, a California corporation, hereinafter referred to as the ("Gas Company"). WHEREAS, City and the Gas Company are parties to that certain agreement, dated December 21, 2015, entitled "Attachment Agreement by and between the City of Huntington Beach, California and Southern California Gas Company,: which agreement shall hereinafter be referred to as the "Original Agreement," and City and the Gas Company wish to amend the Original Agreement to add Exhibit "B," indicating new sites on new City owned poles. NOW, THEREFORE, it is agreed by City and the Gas Company as follows: 1. Exhibit "B" is added to the Original Agreement. 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. This Agreement shall be made effective upon execution by both Parties. IN WITNESS WHEREOF, the Parties hereto have caused this Amendment No. 1 to the Original Agreement to be executed on the day of , 2017. [Signatures on following page] 17-5770/157813/RLS 5/2/17/MV 1 HB -294-Item 18. - 3 /54 0 /l1a-Ce-----7e print name SOUTHERN CALIFORNIA GAS COMPANY, a California corporation ITS: (circle one) Chairman/President/Vice President AND By: print name ITS: (c(rcle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City Manager REVIEWED AND APPROVED: City Manager DATE: 17-57701157813/RLS 5/2/17/MV 2 HB -295-Item 18. - 4 EXHIBIT 1)1 - Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company City Selected Site Point Pole Tag # AC or Solar Installation Type Site Location Latitude Longitude SCE - HUNTINGTON BEACH LH043-E 1816230E AC Attachment 1) On Huntington Street; East of 1323 Huntington Street 2) 21 Ft. South of the South Curb face of Nashville Avenue 3) 2 Ft. West of the West Curb face of Huntington Street, Huntington Beach, Orange County CA 92648 United States 33.669288 -117.995167 SCE - HUNTINGTON BEACH LH5239-A 1704065E AC Attachment 1) On Roderick Ln; East of 19641 Roderick Ln. 2) 137 feet north of the north curb face of Madeline Dr. 3) 2 feet west of the west curb face of Roderick Ln., Huntington Beach, Orange CA 92646 United States 33.67720277 -117.9707944 SCE - HUNTINGTON BEACH LH5240-A 1880859E AC Attachment 1) On Indianapolis Ave; South of 9352 Cloudhaven Drive. 2) 276 feet east of the east curb face of Titan Ln. 3) 2 feet north of the north curb face of Indianapolis Ave., Huntington Beach, Orange CA 92646 United States 33.66513055 -117.9647333 SCE - HUNTINGTON BEACH LHx044-A 4701716E AC Attachment 1) On Newland St; East of 8491 Doncaster Dr. 2) 44ft. South of the South curb face of St. Augustine Dr. 3) 2ft. West of the West curb face of Newland St-, Huntington Beach, Orange County CA 92646 United States 33.653497 -117.979771 SCE - HUNTINGTON BEACH LHx049-B — 4109139E AC Attachment 1. On Edinger Ave.; North of 7662 Edinger Ave. 2. 155 ft. West of the West curb face of Sher Ln. 3. 2 ft. South of the South curb face of Edinger Ave. , Huntington Beach, Orange CA 92647 United States 33.730052 -117.995241 SCE - HUNTINGTON BEACH LHx050-A 3001335E AC Attachment 1) On Saybrook Ln; East of 4232 Branford Dr 2) 32ft. South of the South curb face of Branford Dr 3) 31t. West of the West curb face of Saybrook Ln, Huntington Beach, Orange County 92649 United States 33.720692 -118.054475 SCE - HUNTINGTON BEACH LHx436-C 4346085E AC Attachment 1. On Garfield Ave.; East of 19002 Beach Blvd. 2. 250 ft. East of the East curb face of Beach Blvd. 3. 2 ft. South of the South curb face of Garfield Ave., Huntington Beach, Orange CA 92646 United States 33.6866 -117.987774 HB -296-Item 18. - 5 EXHIBITB - Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company City Selected Site Point Pole Tag # AC or Solar Installation Type Site Location Latitude Longitude SCE - HUNTINGTON BEACH LHxx046-A 1880840E AC Attachment 1. On Adams Ave.; North of 20001 Brookhurst St. 2. 222 ft. West of the West curb face of Brookhurst St. 3. 2 ft. South of the South curb face of Adams Ave., Huntington Beach, Orange CA 92646 United States 33.67223 417.954745 SCE - HUNTINGTON BEACH MH5253-B 1454215E AC Attachment 1) On Channel Ln; West of 3251 Easter Cir 2) 21 feet north of the north curb face of Easter Cir 3) 2 feet east of the east curb face of Channel Ln, Huntington Beach, Orange CA 92649 United States 33.72013611 -118.0701278 SCE - HUNTINGTON BEACH MH5254-A 4076772E AC Attachment 1) On Springdale St; East of 16479 Springdale St 2) 90 feet north of the north curb face of Heil Ave 3) 2 feet west of the west curb face of Springdale St, Huntington Beach, Orange CA 92649 United States 33.72304166 -118.0242333 SCE - HUNTINGTON BEACH MHx048-C 4372964E AC Attachment 1. On Warner Ave.; North of 4700 Warner Ave. 2. 260 ft. West of the West curb face of Lynn Lane 3. 2 ft. South of the South curb face of Warner Ave, Huntington Beach, Orange CA 92647 United States 33.715166 -118.046661 SCE - HUNTINGTON BEACH MHx051-A 1787558E AC Attachment 1) On Frans Ln; North of 5552 Wendy Cir 2) 8ft. South of the North curb face of Wendy Cir 3) 2ft. East of the East Curb face of Frans Ln, Huntington Beach, Orange County CA 92649 United States 33.710007 -118.031126 SCE - HUNTINGTON BEACH MHx053-A 1788391E AC Attachment 1) On Norma Dr; South of 16731 Bartlett Ln 2) 301t. West of the West curb face of Bartlett Ln 3) 2ft. North of the North curb face of Norma Or, Huntington Beach, Orange County CA 92647 United States 33.719263 -118.0057 CAL - SCE - HUNTINGTON BEACH LHx045-A 2249477E AC Attachment 1) On Beach Blvd; West of 19800 Beach Blvd 2) 204ft. South of the South curb face of Utica Ave 3) 2ft. East of the East curb face of Beach Blvd, Huntington Beach, Orange County CA 92648 United States 33.675208 -117.988423 CAL - SCE - HUNTINGTON BEACH MH5215-C 2192973E AC Attachment 1. On E Pacific Coast Hwy.; South of 16400 E Pacific Coast Hwy. 2. 64 ft. North of the North curb face of 24th St. 3. 2 ft, East of the East curb face of E Pacific Coast Hwy. i Huntington Beach, Orange CA 92649 United States 33.723518 -118.076208 SCE - HUNTINGTON BEACH MHP-LH7001-B 4648181E AC Attachment 1. On Newland St.; east of 21851 Newland St. 2. 525 ft. north of the north curb face of E Pacific Coast Hwy. 3. 2 ft. east of the 33.645533 -117.980045 2 HB -297-Item 18. - 6 EXHIBIT6- Amendment No. 1 to Attachment Agreement by and Between the City of Huntington Beach and Southern California Gas Company east curb face of Newland St., Huntington Beach , Orange CA 92646 United States SCE - HUNTINGTON BEACH MH6523-A 4549381E AC Attachment On Rancho Rd; East of 5150 Rancho Rd 2 ft. North (NE) of the south curb face of Suffolk St. 2 ft. east (SE) of the east curb face of Rancho Rd. 33.75306200 -118.03771700 3 HB -298-Item 18. - 7 Dept. ID ED 17-16 Page 1 of 2 Meeting Date: 6/5/2017 Statement of Issue: At the May 15, 2017, City Council meeting, the City Council approved the City Manager and City Attorney to draft an agreement to contribute $10,000 to the Huntington Beach International Surfing Museum (HBISM) for its "Surfing Circle of Honor - Celebrating Surfing in the Summer Games." The City Council is asked to approve the Agreement and allocation of funding for the contribution to the HBISM. Financial Impact: As part of the mid-year budget adjustments an allocation and budget authority of $10,000 in Non- Departmental account number 1080103 is being requested to fund the contribution. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surf Museum.” Alternative Action(s): Do not approve the donation and direct staff as necessary. Analysis: The Huntington Beach International Surfing Museum (HBISM) plans to kick off the summer season by hosting an event on International Surfing Day, June 20, 2017, that will showcase Huntington Beach and serve two purposes: 1. Attempt to set a Guinness Book of World Records with a “Surfing Circle of Honor – Celebrating Surfing in the Summer Games” event – an attempt to have more than 500 surfers (and celebrities) connected in a circle, while holding hands in the water as the “World’s Largest Recorded Paddle Out” as a fundraiser for awareness for the HBISM. 2. The Surfing Circle of Honor, Celebrating Surfing in the Summer Games also symbolizes solidarity, community, and surfing in Surf City USA while welcoming the potential surfing summer games to HB. As Los Angeles bids on the 2024 Olympic Games, we believe Huntington Beach is the perfect “plug and play” location to serve as the “Surfing Village” to CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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 Business Development SUBJECT: Approve Contribution of Funds in the amount of $10,000 to the Huntington Beach International Surfing Museum (HBISM) for the “Surfing Circle of Honor - Celebrating Surfing in the Summer Games;” and authorize execution of a Grant Agreement HB -299-Item 19. - 1 Dept. ID ED 17-16 Page 2 of 2 Meeting Date: 6/5/2017 host the Surfing Summer Games. The highly anticipated announcement will take place on September 13, 2017, as to whether Paris or Los Angeles will host the 2024 Summer Games. The City’s contribution will be used specifically for helping to pay the fee for the Guinness World Record attempt, which is approximately $12,000, as well as items for the paddle out, such as rash guards and specifics relating to the Surfing Circle of Honor. The City will be listed as a major donor and recognized on banners; the City Council will be featured in the Parade; the City logo displayed on the rash guards; and the City logo on Guinness W orld Record Holder accreditation. Environmental Status: Not Applicable. Strategic Plan Goal: Improve Quality of Life Attachment(s): 1. Letter from the International Surf Museum 2. Grant Agreement Between the City of Huntington Beach and the Huntington Beach International Surf Museum HB -300-Item 19. - 2 Mayor & City Council, On behalf of the Board of Directors and the Executive Director of the Huntington Beach International Surfing Museum, Thank you for supporting the Surfing Circle of Honor, Celebrating Surfing in the Summer Games; a fundraiser for the International Surfing Museum; and for helping us to set a Guinness World Record for the largest recorded paddle out in the world; as well as assisting in extending a non- traditional warm welcome to the City of Los Angeles, the International Olympic Committee, and the world showcasing Huntington Beach, Surf City USA, as a plug and play location for the Surfing Summer Games in 2024. Most importantly, we are bringing our Surf City USA community together in an unforgettable way. Special thanks to Mayor Delgleize and City Manager Fred Wilson for supporting our Waterman and Waterwomen in our Surfing Village, Surf City USA, for their shared vision in collectively harnessing the power of the sport of surfing to create a circle of solidarity, honoring our history, culture and future, our surfing legends and our future Summer Game hopefuls, our Groms (15 and under student surfers). We also plan to put a voice behind Huntington Beach as a city working diligently towards becoming more sustainable, while protecting our oceans and our beaches, our surfing playgrounds for future generations. With your 10k donation, you receive:  City of Huntington Beach banner placement on the iconic HB Pier for all eyes to see.  Mayor Delgleize helps to lead the parade with Executive Director and Team Captains.  City Council rides in “open top” Kowabunga Van Clan Vintage Volkswagon Busses in the parade.  Primary viewing of the Surfing Circle of Honor, setting the Guinness World Record from the Pier.  The city emblem placed on all rash guards and on the Step and Repeat at the Pasea Hotel where legends, Groms, and local surfers will be taking high visibility pictures.  Invites to the Surfing Circle of Honor Press Conference at the Pasea Hotel, June 19 from 4-6pm.  Free entry to the Surfing Circle of Honor Celebration at the Pasea Hotel from 3-8pm.  City of Huntington Beach Guinness World Record Holder accreditation. We are very thankful for the City's support, and we are excited to be connecting our surfers, with our city leaders in our surfing village, we all call home – Surf City USA. This type of inspiring partnership has never happened before; it truly showcases our history and culture of who we are in Surf City USA. Never doubt that a small group of thoughtful committed citizens can change the world; indeed, it's the only thing that ever has. Margaret Mead In gratitude, Diana Diana Dehm Executive Director International Surfing Museum Surf City USA Huntington Beach, CA 92648 714.300.8836 HB -301-Item 19. - 3 GRANT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH INTERNATIONAL SURFING MUSEUM This Grant Agreement ("Agreement") is entered into on • 2017, by and between the City of Huntington Beach, a California municipal corporation ("City"), and the Huntington Beach International Surfing Museum, a California nonprofit corporation ("Grantee"). City and Grantee are at times individually refened to as "Party" and collectively as "Parties" herein. WHEREAS, Grantee is a nonprofit agency engaged in projects or programs which the City Council deems beneficial to the quality of life in the City; and Grantee plans to kick off the summer season by hosting an event on International Surfing Day, June 20, 2017, that will showcase Huntington Beach by attempting to set a Guinness Book of World Records with a "Surfing Circle of Honor - Celebrating Surfing in the Summer Games" event which is an attempt to have more than 500 surfers (and celebrities) connected in a circle, while holding hands in the water as the "World's Largest Recorded Paddle Out" as a fundraiser for awareness for Grantee; and The Surfing Circle of Honor, Celebrating Surfing in the Summer Games also symbolizes solidarity, community, and surfing in Surf City, USA while welcoming the potential surfing summer games to Huntington Beach. As Los Angeles bids on the 2024 Olympic Games, Huntington Beach is the perfect "plug and play" location to serve as the "Surfing Village" to host the Surfing Summer Games. The highly anticipated announcement will take place on September 13, 2017 as to whether Paris or Los Angeles will host the 2024 Summer Games; and The City Council has determined that Grantee's activities, as recited above, are projects that will benefit the quality of life of all City residents; and The City Council desires to approve a grant in the amount of Ten Thousand Dollars ($10,000.00) (hereinafter, the "Grant Funds") to Grantee pursuant to certain conditions regarding expenditure, reporting, and accounting requirements, NOW, THEREFORE, the Parties agree as follows: I. GRANT: City awards to Grantee the Grant Funds in the amount of Ten Thousand Dollars ($10,000.00). 2. before DISBURSEMENT: The Grant Funds shall be disbursed by City to Grantee on or , 2017. 3. TERM: The term of this Agreement shall commence on the Effective Date and shall continue in full force and effect until December 31, 2017, unless terminated earlier as provided herein. 17-5817/158626/my HB -302-Item 19. - 4 4. RESTRICTIONS ON USE OF FUNDS A. The Grant Funds shall be expended solely for the purposes set forth in the Recitals which are incorporated herein by this reference. B. The Grant Funds shall not be used for any activity that would violate City, state or federal statutory or decisional law such as regulations affecting non-profit or tax exempt organizations exempt from taxation pursuant to Section 501(c)(3) of the Internal Revenue Code. C. Grantee further warrants that the Grant Funds shall be used by Grantee during this Agreement's term, otherwise the Grant Funds shall be returned to City, as provided in below. 5. REPORTING AND ACCOUNTING REQUIREMENTS: At all times during the term of this Agreement, Grantee shall maintain true, proper, and complete books, records, and accounts (collectively, "Books and Records") in which shall be entered fully and accurately all transactions taken with respect to the operations of Grantee and the expenditure of the Grant Funds. Grantee shall maintain the Books and Records in accordance with Generally Accepted Accounting Principles_ City reserves the right to designate its own employee representative(s) or its contracted representative(s) with a Certified Public Accounting firm who shall have the right to audit Grantee's accounting procedures and internal controls of Grantee's financial systems as they relate to the Grant Funds and to examine any cost, revenue, payment, claim, other records or supporting documentation resulting from any items set forth in this Agreement. Any such audit(s) shall be undertaken by City or its representative(s) at mutually agreed upon reasonable times and in conformance with generally accepted auditing standards. Grantee agrees to fully cooperate with any such audit(s). This right to audit shall extend during the length of this Agreement and for a period of three (3) years or longer, if required by law, following the date of any Grant Funds tendered under this Agreement. Grantee agrees to retain all necessary records/documentation for the entire length of this audit period. Grantee shall, upon conclusion of the event, furnish the City with a Balance Sheet and Income Statement describing the receipt and disbursement activities of Grantee with respect to the Grant Funds. Grantee agrees to exercise prudent financial management processes including proper oversight of all assets and budget preparation. 6. USE OF GRANT FUNDS: The Grant Funds shall be used solely by Grantee for as described in the Recitals and for no other use. In the event that the Grant Funds are not used or are not expended by or before December 31, 2017, Grantee shall notify the City in writing, and may be obligated to return the Grant Funds to City within thirty (30) days. 7. INDEMNIFICATION: To the fullest extent permitted by law, Grantee shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers, and employees (collectively, the "Indemnified Parties") from and against any 17-5817/158626/my 2 HB -303-Item 19. - 5 and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly) to this Agreement (including the negligent and/or willful acts, errors and/or omissions of Grantee, its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them). Notwithstanding the foregoing, nothing herein shall be construed to require Grantee to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Grantee. 8. GRANTEE INDEPENDENCE: In the performance of this Agreement, the Grantee, and the agents and employees of Grantee, shall act in an independent capacity and are not officers, employees or agents of the City. Nothing in this Agreement shall be deemed to constitute approval for Grantee or any of Grantee's employees or agents, to be the agents or employees of City. Grantee shall have the responsibility for and control over the means of using the Grant, provided that Grantee is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Grantee as to the details of the performance or to exercise a measure of control over Grantee shall mean only that Grantee shall follow the desires of City with respect to the use and accounting of the Grant. 9. PROHIBITION AGAINST TRANSFERS: Grantee shall not assign, sublease, hypothecate or transfer this Agreement or any of the services to be performed under this Agreement, directly or indirectly, by operation of law or otherwise without prior written consent of City. Any attempt to do so without written consent of City shall be null and void. 10. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after the deposit thereof in the United States mail, postage prepaid, first class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Grantee to City shall be addressed to the City at: City of Huntington Beach 2000 Main Street, 4 th Floor Huntington Beach, CA 92648 Attn: City Manager 17-5817/158626/my 3 HB -304-Item 19. - 6 All notices, demands, requests or approvals from City to Grantee shall be addressed to Grantee at: International Surfing Museum 411 Olive Avenue Huntington Beach, CA 92648 Attn: Diana Dchm, Director U. TERMINATION WITHOUT CAUSE: City may terminate this Agreement at any time with or without cause upon seven (7) days written notice to Grantee, any remaining Grant Funds in Grantee's possession at the time of termination shall be returned to City. 13. COMPLIANCE WITH ALL LAWS: Grantee shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. 14. WAIVER: A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 15. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 16. INTERPRETATION: The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 17. SEVERABILITY: If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 18. CONTROLLING LAW AND VENUE: The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. State of California. 19. NO ATTORNEYS' FEES: In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorney's fees. 20. COUNTERPARTS: This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 17-5817/158626/my 4 HB -305-Item 19. - 7 INITIATED, REVIEWED AND APPROVED: —CiVAttomey City Manager IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by and through their authorized representatives on , 2017. GRANTEE: CITY: Mayor City Clerk 17-5817/158626/my 5 HB -306-Item 19. - 8 Dept. ID PW 17-031 Page 1 of 4 Meeting Date: 6/5/2017 Statement of Issue: The Refuse Collection and Disposal Services Franchise Agreement with Rainbow Disposal Company, Inc., requires an annual review of the rate of compensation for residential refuse collection services. Staff has reviewed the compensation stipulated in the Franchise Agreement and the City’s Refuse Enterprise Fund finances and is recommending a rate that includes adjustments to the rate for Rainbow compensation and for City account maintenance services on a specific implementation schedule. This process complies with Proposition 218 requirements. Staff is recommending that City Council adopt the resolution implementing the new rate for residential refuse customers and ratifying the rate formula and methodology for future rate adjustments. Financial Impact: If approved as proposed the new rates will provide additional annual Refuse Fund revenue of approximately $30,000 in FY16/17, approximately $140,000 for FY17/18, and approximately $250,000 in FY18/19. Funds will be deposited to account 50400504.47705. Recommended Action: Adopt Resolution No. 2017-26, “A Resolution of the City Council of the City of Huntington Beach Adjusting and Ratifying Residential Refuse Rates by the Formula Established in the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement.” Alternative Action(s): Deny the recommended action to increase the residential refuse rate, or direct staff to increase the rate in an amount different than proposed. Approve a commensurate appropriation to the Refuse Fund from other city funds if necessary. Analysis: The City’s residential refuse service is provided by Rainbow Disposal Company, Inc., dba Rainbow Environmental Services (Rainbow), per the terms and conditions agreed upon in the Refuse Collection and Disposal Services Franchise Agreement (contract) approved by City Council on July 3, 2006. The City’s Refuse Fund (50400504), is the enterprise fund where revenue collected from the residential trash service customer is received and the expenses of providing the service are paid. The objective is to maintain a balanced fund budget. In order to balance the Refuse Fund, any increase to the compensation paid to Rainbow must include a corresponding increase to the rate charged to the customer or a subsidy from the General Fund if necessary. Additionally, the City CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/5/2017 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: Adopt Resolution No. 2017-26 Ratifying Methodology for Residential Trash Rate Adjustments and Establishing 2017 Rates HB -307-Item 20. - 1 Dept. ID PW 17-031 Page 2 of 4 Meeting Date: 6/5/2017 should charge the customers a fee sufficient to cover its costs of providing billing, payment processing, and customer services or a subsidy from the General Fund may be necessary. Rainbow Compensation The contract with Rainbow requires an annual review and adjustment of their compensation. Compensation is the monthly amount paid by the city to Rainbow for providing its contracted services. Adjustments are determined by a weighted formula with three variables as listed below: 1. March to March Consumer Price Index for All Urban Consumers (CPI-U) in Los Angeles, Orange, and Riverside counties established by the U.S. Bureau of Labor Statistics, weighted 76%: 2. The landfill fee per ton disposed (“tipping”), weighted 16%: and 3. Rainbow’s cost of Compressed Natural Gas fuel (CNG), weighted 8%. The following table illustrates how the formula weighting is applied using the actual data from 2017. CPI-U Landfill Fee per Ton Hauler’s CNG Fuel 2016 247.87 32.96 2.06 2017 254.53 33.50 2.25 % change 2.68% 1.64% 9% weighting 76% 16% 8% % change X weighting 2.04% 0.26% 0.74% 2.04 + 0.26 + 0.74 = 3.04% increase The contract year is July 1 to June 30. Typically, proposed rate changes are considered by City Council in May or June in anticipation of a July 1 contractor compensation change. The contractual increases due are $0.29 per residence per month for 2016 and $0.47 per residence per month for 2017, and these increases have been deferred by Rainbow to be effective on or about November 1, 2017. The resulting change in compensation is tallied below. All amounts listed are per residence per month. $0.29 2016 increase per formula $0.47 2017 increase per formula $0.76 Total Rainbow compensation increase for 2017 $15.21 Current Rainbow trash collection compensation $0.76 2016 and 2017 combined increases $15.97 New Rainbow trash collection compensation $3.00 Rainbow recycling fee (unchanged) $18.97 Total Rainbow compensation to be effective on or about Nov. 1, 2017 Rate Charged to Customers The residential refuse collection rate is the monthly amount charged by the city to its residents for weekly trash collection and recycling service. The current rate is detailed below. All amounts listed are per residence per month. $15.21 Residential trash collection (paid to Rainbow) $3.00 Recycling fee (paid to Rainbow) $0.15 Public education $1.25 Billing, payment processing and customer service $19.61 Monthly fee to customers HB -308-Item 20. - 2 Dept. ID PW 17-031 Page 3 of 4 Meeting Date: 6/5/2017 The first two components of the residential rate, trash collection and recycling, are a direct pass- through collected to pay the City’s contract obligation to Rainbow. The public education component funds the waste reduction education programs provided to residents as mandated by the Integrated Waste Management Act of 1989. The billing, payment processing, and customer service component offsets the cost of providing those services. The billing, payment processing and customer service portion of the rate has not increased for fourteen years since 2003, when City Council approved an increase of $0.22, from $1.03 to $1.25 per month. In 2011, a proposed increase was not approved. As a result, the Refuse Fund revenue has not kept pace with expenses and has a deficit of $565,000 based on the city’s CAFR as of 9/30/2016. To restore Fund health, Staff is proposing a phased in increase over 3 years to residential customers, from $1.25 to $1.85 per month. In order to mitigate the impact of this increase to the customer, it will be phased in at $0.20 per year over 3 years commencing July 1, 2017. If approved and when fully implemented, the increase will provide approximately $350,000 in additional annual revenue to the Refuse Fund to help correct the deficit. To help ensure Fund health in the future, the proposed rate methodology includes an annual CPI adjustment to the billing, payment processing and customer service component as necessary to keep pace with expenses. If CPI-U had been applied annually to this component since the last increase in 2003 was approved, the resulting fee would be equivalent to the increase currently proposed, as shown in Attachment 4. Total Proposed Rate Adjustment to Customers The proposed schedule of residential refuse rate increases to be charged to customers is detailed below. $0.20 increase effective July 1, 2017, for billing, payment processing and customer service $0.76 increase effective November 1, 2017, for compensation to Rainbow per contract $0.20 increase effective July 1, 2018, for account services plus/minus contract formula $0.20 increase effective July 1, 2019, for account services plus/minus contract formula Effective July 1, 2017, the rate to the residential customer will increase from $19.61 to $19.81 per residence per month. The daily rate charged will change from $0.6447 to $0.6513. Effective November 1, the rate to the residential customer will increase from $19.81 to $20.57 per residence per month. The daily rate charged will change from $0.6513 to $0.6763. The amount charged to customers in 2018 and 2019 will be further adjusted by the contract formula for compensation due to Rainbow for each of those years. The total fee change to the customer in 2018 and 2019 will depend on the actual expenses and indexes applied and calculated per the weighted formula described earlier. The last residential rate change effective in 2015 provided a $0.04 per month rate reduction. Attachment 5 is a survey of 2016 residential rates for Orange County cities. Proposition 218 Public Hearing Requirement After the California voters approved Proposition 218 there were many questions as to the applicability of the constitutional provision. California municipal lawyers argued for over a decade that fees charged for certain consumption based services such as water and sewer were not subject to the mandates of the majority protest proceeding required by Article XIII D, § 6(a) and the substantive rules regarding the use of fee proceeds (such as a ban on general fund transfers) of § 6(b). These questions were resolved by Bighorn-Desert View Water Agency v. Verjil, 39Cal.4th 205 (2006). HB -309-Item 20. - 3 Dept. ID PW 17-031 Page 4 of 4 Meeting Date: 6/5/2017 The Court concluded that metered rates for consumption of water are “property related fees” subject to the measure. The ruling ostensibly applies to sewer service charges and to charges for refuse collection made by a government agency, rather than by a private waste hauler. Since the services provided by Rainbow are charged to the customers by the City of Huntington Beach and not by Rainbow directly, then it can reasonably be concluded that this fee is subject to the provisions of this ruling. Article 13D of the California Constitution created a category of fees known as “property related fees.” Such fees may not be imposed or increased unless a local government conducts a majority-protest proceeding 45 days after mailing notice to all fee payers. Art. 13D, § 6(a). The City is following the majority protest procedures as set forth in the California Constitution Article XIII in an abundance of caution in order to ratify the rate methodology for current and future rate adjustments. On April 20, 2017, a notice of public hearing and the proposed rate adjustment (Attachment 6) was mailed to all residential property owners and refuse customers served by the City. Affected ratepayers are given a minimum of 45 days from the date of the mailing to submit a written protest to the rate adjustment. The City cannot modify the residential refuse rate if a majority, 50% plus 1, of affected ratepayers protest the proposed adjustment. According to municipal billing records as of April 1, 2017, there are 47,597 residences receiving residential trash services. The city must receive 23,799 protests to constitute a majority protest. A final tally of protests will be reported by staff at the public hearing. If a majority protest is received, invalidating the proposed residential rate increase, then City Council will be asked to approve a General Fund subsidy of $565,000 to maintain a balanced budget in the Refuse Fund. Public Works Commission Action: Not required Environmental Status: The proposed project includes residential trash rate adjustments and establishment of 2017 rates. No changes to existing residential service are proposed. As such, the project is statutorily exempt from the California Environmental Quality Act ("CEQA") pursuant to CEQA Guidelines Section 15273, which exempts the establishment, structuring, restructuring, or approval of rates, tolls, fares, and other charges for the purpose of meeting operating expenses. The project is also exempt pursuant to CEQA Guidelines Section 15061(b)(3), which exempt projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Strategic Plan Goal: 1. Enhance and Maintain City Service Delivery 2. Strengthen Economic and Financial Stability Attachment(s): 1. Resolution No. 2017-26, a “Resolution of the City Council of the City of Huntington Beach Adjusting And Ratifying Residential Refuse Rates By The Formula Established In The Revised And Restated Refuse Collection And Disposal Services Franchise Agreement” 2. 2016 Solid Waste Disposal Rate Certification for Residential Services from Rainbow Environmental Services 3. 2017 Solid Waste Disposal Rate Certification for Residential Services from Rainbow Environmental Services 4. CPI Table 5. Orange County Residential Rate Survey 6. Notification of Proposed Rate Increase mailed April 20, 2017 7. PowerPoint Presentation 8. Protest Letters received through 5/31/2017 HB -310-Item 20. - 4 RESOLUTION NO. 2017-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADJUSTING AND RATIFYING RESIDENTIAL REFUSE RATES BY THE FORMULA ESTABLISHED IN THE REVISED AND RESTATED REFUSE COLLECTION AND DISPOSAL SERVICES FRANCHISE AGREEMENT WHEREAS, on July 17, 2006 the City Council adopted Ordinance No. 3744, granting a franchise to collect refuse to Rainbow Disposal and to Rainbow Transfer and Recycling; and The state of the law remains unclear as to the applicability of California Constitution Article XIII (Proposition 218) to residential refuse rates. In order to avoid any future legal challenges, the City is following the procedural and substantive mandates of Proposition 218; and The Revised and Restated Refuse Collection and Disposal Services Franchise Agreement includes a weighted fee formula comprised of three components as follows: (1) March to March Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside counties established by the U. S. Bureau of Labor Statistics, weighted 76%; (2) The landfill disposal fee — weighted 16%; and (3) The hauler's cost of Compressed Natural Gas (CNG) fuel, weighted 8%; and The City desires to adjust the maximum residential curbside refuse collection rate annually commensurate with the adjustments established by Rainbow Disposal Co. in accordance with the formula stated above; and The residential curbside collection rate includes a maximum $1.85 per dwelling unit per month for the City's account services expenses attributed to the residential curbside refuse collection services provided, to be implemented as follows: July 1, 2017 = $1.45; July 1, 2018 = $1.65; and July 1, 2019 = $1.85; and The Huntington Beach Municipal Code Section 8.21.030, provides that the City Council establishes maximum rates for curbside residential collection service by resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1 17-5814/158578/RLS 5/19/17/MV HB -311-Item 20. - 5 RESOLUTION NO. 2017-26 1. The foregoing recitals are all true and correct. 2. After a duly noticed City Council public hearing on June 5, 2017 to receive testimony and protest regarding the proposed residential curbside refuse collection rate, the City Council finds that no such majority protest was received and that the rates shall be adjusted as follows: The monthly rate for curbside residential refuse collection for basic level of services shall be $15.21 Refuse Collection $3.00 Recycling $0.15 Public Education $1.45 Account Services $19.81 Total for each single-family residence and each dwelling unit within a duplex, a triplex, or a four-plex receiving non-commercial refuse collection services. This equates to a daily rate of $0.6513. This increase shall take effect on all billings dated after July 1, 2017, prorated for service from and after July 1, 2017. 3. Effective November 1, 2017, the monthly rate for curbside residential refuse collection for basic level of services shall be $15.97 Refuse Collection $3.00 Recycling $0.15 Public Education $1.45 Account Services $20.57 Total for each single-family residence and each dwelling unit within a duplex, triplex, or four-plex receiving non-commercial refuse collection services. This equates to a daily rate of $0.6763. This increase shall take effect on all billings dated after November 1, 2017, pro-rated for service from and after November 1,2017. 4. That the Refuse Collection charges for residential curbside collection will be adjusted annually in accordance with the formula set forth in the Revised and Restated Refuse Collection and Disposal Services Franchise Agreement as follows: (1) March to March Consumer Price Index for All Urban Consumers in Los Angeles, Orange and Riverside counties established by the U. S. Bureau of Labor Statistics ("CPIU"), weighted 76%; (2) the landfill disposal fee — weighted 16%; and (3) the hauler's cost of Compressed Natural Gas (CNG) fuel, weighted 8%. 2 17-5814/158578/RLS 5/19/17/MV HB -312-Item 20. - 6 INITIATED AND APPROVED: RESOLUTION NO. 2017-26 5. The Account Services charges will be adjusted annually commencing July 1, 2020 per arch CPIU. 6. The Recycling charges may be adjusted annually provided that charges for each subsequent year shall not exceed the percentage of increase or decrease in the CPIU, subject to all other terms of Solid Waste Franchise Agreement. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 3 17-5814/158578/RLS 5/19/17/MV HB -313-Item 20. - 7 Tel 714 847 3581 • Fax 714 841 4660 PO Box 1026 • 17121 Nichols Ln. Huntington Beach, CA 92647 WWW.RainbowES.com RAINBOW ENVIRONMENTAL SERVICES'' Ce7) A REPUBLIC SERVICES Company June 17, 2016 Lori Ann Farrell Director of Finance City of Huntington Beach 2000 Main St Huntington Beach, Ca 92648 RE: 2016 Solid Waste Disposal Rate Certification for Residential Services Dear Ms. Farrell: Attached is the 2016-2017 Refuse Rate calculation for the City of Huntington Beach residential solid waste collection provided by Rainbow Environmental Services. In accordance with the terms of the franchise agreement, The City of Huntington Beach should consider Rainbow's compensation by dividing the current fee into like components (76%; 16%; 8%). The City of Huntington Beach shall then apply the increases in each of the factors components (1-3) to each of the corresponding percentages of the rate. The rate utilizes a formula which is based on three factors: 1. The projected percentage of increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for the Orange County area from March to March of the preceding twelve (12) months. This factor constitutes seventy-six (76%) of the rate adjustment. 2. The increase or decrease in the Orange County landfill tipping fees. This factor constitutes sixteen percent (16%) of a rate adjustment and is based upon the tipping fee adopted by Orange County for the subsequent fiscal year. 3. The increase or decrease in the average per gallon price of fuel as paid by Rainbow during the March to March timeframe noted above. This factor constitutes eight percent (8%) of a rate adjustment (Please refer to attachment for calculation). In accordance with the factors outlined above, the rate will increase by 1.92%. Rainbow Environmental Services respectfully requests the City of Huntington Beach's consideration in the rate compensation adjustment for residential services proposed herein for implementation on July 1, 2016. HB -314-Item 20. - 8 Lori Ann Farrell Director of Finance City of Huntington Beach June 17, 2016 Page 2 of 2 Please let us know if you have questions or comments and thank you for the opportunity to serve the solid waste and recycling needs of the City of Huntington Beach. Enclosed are the supporting documents including the CPI report. CERTIFICATION To the best of our knowledge the information enclosed is complete and accurate. Jerry Moffatt General Manager Rainbow Disposal Co., Inc. ACKNOWLEDGEMENT ) Lori Ann Farrell Director of Finance City of Huntington Beach Printed on Recycled Paper HB -315-Item 20. - 9 Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate 15.21 1.92% 0.29 15.50 MRF Rate 3.00 0.00% 3.00 Total Rainbow Rate 18.21 0.29 18.50 HB -316-Item 20. - 10 City of Huntington Beach July 1, 2016 Rate Increase Calculation CPI Portion (76%) March March Change % Effective PI 2015 2016 243.738 247.873 4.135 1.70% 1.29% County of Orange Landfill Tipping Fee Portion (16%) 2015 2016 Change 32.9 32.96 0.06 0.03% CNG Pricing Portion (8%) March March Change % 2015 2016 $ 1.913 $ 2.056 $ 0.143 7% 0.60% Total Price Increase - July 1, 2016 1.92% HB -317-Item 20. - 11 Bureau of Labor Statistics Consumer Price Index - All Urban Consumers Original Data Value Series Id: CUIJRA421SAO,CUUSA421SA0 Not Seasonally Adjusted Area: Los Angeles-Riverside-Orange County, CA Item: All items Base Period: 1982-84=100 Years: 2006 to 2016 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Annual HALF1 HALF2 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 206.0 207.5 212.584 214.760 220.918 221.431 220.719 221.439 224.610 224.620 228.652 229.729 233.441 234.537 238.015 239.753 239.857 241.059 239.724 241.297 247.155 247.113 208.5 216.500 223.606 221.376 225.483 232.241 236.941 239.995 242.491 243.738 247.873 210.5 212.4 217.845 218.596 224.625 226.651 221.693 222.522 225.916 226.438 233.319 233.367 236.866 237.032 239.043 239.346 242.437 243.362 243.569 246.093 211.1 217.273 229.033 223.906 225.877 232.328 236.025 239.223 243.528 245.459 211.4 211.9 217.454 217.330 229.886 228.484 224.010 224.507 225.991 226.373 231.303 231.833 235.776 237.222 238.920 239.219 243.727 243.556 247.066 246.328 212.9 217.697 227.449 225.226 226.048 233.022 238.104 239.611 243.623 245.431 211.4 218.696 226.159 225.264 226.794 233.049 240.111 239.940 243.341 245.812 211.1 219.943 222.229 224.317 225.941 232.731 237.675 238.677 241.753 245.711 210.6 219.373 219.620 223.643 226.639 231.567 236.042 238.742 240.475 245.357 210.4 209.3 217.338 216.260 225.008 224.377 223.219 221.943 225.894 225.491 231.928 231.606 236.648 235.807 239.207 239.229 242.434 242.122 244.632 243.313 211.6 218.416 225.638 224.495 226.298 232.251 237.488 239.185 242.746 245.951 Source: Bureau of Labor Statistics Generated on: April 14, 2016 (04:44:34 PM) HB -318-Item 20. - 12 as ei..:„Recycling Dylan Wright, Director 300 N. Flower Street. Suite 400 Santa Ana, CA 92703 www.oclandfills.com Telephone: (7)4) 834-4000 Fax: (714) 834-4183 March 1. 2016 Rainbow Environmetal Services Michelle Clark, Municipal & Major Account Manager 17121 Nichols Street Huntington Beach, CA 92647 Subject: Waste Disposal Agreement Contract Rate Increase Dear Ms. Clark, In accordance with the Waste Disposal Agreement between Rainbow Environtnetal Services and the County of Orange (County), the County shall provide Rainbow Environmental Services with notice of the adjustment to the contract rate On an Annual basis effective July l' of each year. This letter serves as your official notice that the adjusted contract rate is effective July I, 2016 and will be $32.96. The escalation calculation of the adjustment isjneluded as an attachment to this letter as set forth in Section 4.2(F) of the Waste Disposal Agreement. Ilyou have any questions, please call me at (714) 834-4188 or e-mail me at Jesus.nerevicoewr.octiov.com , Jesusi Perez Wast Disposal Contracts & Recycling Programs Manager Attachment HB -319-Item 20. - 13 OC Waste & Recycling Accounting Annual Contract Rate Adjustment (Escalation Calculation ) Effective July 1, 2016 (1) Percentage Change Calculation Formula; Step 1: { October 2015 CPI October 2014 CPI - 1 % Increase in Contract Rate 237.838 1 - 1 = 0.17% 237.433 j City Contract Rate: Step 2: Current City Contract Rate x ( 1 + % Increase in Contract Rate ) = C o n t r a c t R a t e a s o f J u l y 1 . 2 0 1 6 $32.90 x ( 1 + 0,17% ) = $32.96 Path ClUserskjesusplAppDaiaSlocen.Mic.rosohlWindowskTempo r a r y I n t e r n e t F i l e s s C o n t e n t O u l l o o k t G A 2 0 7 G 2 M k Fee: Escalation Calc - Effective 07 01 2016 Prepared by Linda Delos Reyes 3/1/2016 Tab: Escalation A-1 Reviewed by Oat Thomas HB -320-Item 20. - 14 Rainbow Disposal Co., Inc. City of Huntington Beach Rate Review CNG Fuel Cost Therms Gas Co Cost Per Diesel Gal Cost Per Compression Cost Per Evaluation Year Purchased Invoice Therm Equivalent Diesel Gal Cost Gallon Month 2011 2012 2013 2014 2015 2016 27,993.00 37,818.00 49,266.00 55,116.00 66,549.60 66,166.00 $ 15,580.85 $ 15,521.82 $ 23,328.63 $ 41,302.96 $ 34,722.09 $ 32,665.09 0.56 0.41 0.47 0.75 0.52 0.49 20,139 27,207 35,443 39,652 47,877 47,601 $ 0.774 $ 0.571 $ 0.658 $ 1.042 $ 0.725 $ 0.956 1.115 1.022 1.115 1.156 1.187 1.100 1.89 1.59 1.77 2.20 1.91 2.06 March March March March March March HB -321-Item 20. - 15 Calculation of Diesel and Gas Gallons on CNG Usage Mar-16 Beginning of Month Meter 889,548 End of Month Meter 953,849 CcF 64,301 CcF 64,301 Therm Conversion 1.03 Therms 66,166 Therms Per DDG Conversion 1.39 Diesel Gallons 47,601 Invoice Total $ 45,488.92 $/Gallon $ 0.96 HB -322-Item 20. - 16 04/06/2016 ACCOUNT NUMBER 086-844-8257 6 Page 1 Rainbow Disposal Company, Inc. NATURAL GAS VEHICLE FUEL BILL 17121 Nichols Street #A Huntington Beach, CA 92647 SO. CAL. GAS CO. P.O. BOX C MONT. PK ., CA 91756 [PLEASE PAY THIS AMOUNT 532,665.01j 80 0868 1148257 03266509 69 086844825? 0326650969 Customer Name Rainbow Disposal Company, Inc. Last Payment Service Address 17121 Nichols Ln NGV Date Amount Huntingtn Bch CA 92647 5719 03/23/2016 933,503.96 Account Number 086-844-8257 6 Old Account Number 18-8888-002-516-2 Billing Period: From To Therms Used 66,166 03/01/2016 04/01/2016 SUMMARY OF TRANSPORTATION AND RELATED CHARGES: NATURAL GAS VEHICLE FUEL BILL Description Of Charges Amount] Customer Charge Commodity Charge State Mandated Charges Taxes and Fees 65.00 29,137.52 1,614.45 1,848.12 TOTAL CURRENT CHARGE Past Due If Not Paid By 04/25/16 $32,665.09 PREVIOUS BALANCE $0.00 TOTAL AMON? PAX. 0.7% Late Payment Charge Due If Paid After 04128116 $32,665.09 ** FOR QUESTIONS REGARDING THIS BILL, PLEASE CALL IRENE FUHRMANN AT (213) 244-5435 OUR NGV DEPARTMENT IS ALWAYS AVAILABLE TO PROVIDE SERVICE AND INFORMATION REGARDING YOUR NEEDS. PLEASE CALL US AT 1-800-427-2000. HB -323-Item 20. - 17 04/06/2016 ACCOUNT NUMBER 086-844-8257 6 Page2 BILLING SCHEDULE: Contract Allocations Tariff _ % Therms/month Therms GNGU 100 66,166 CUSTOMER CHARGE: Tariff Amount GN/GTNG 65.00 Total Customer Charge $65.00 COMMODITY CHARGE: Tariff Eff. Date Therms X Rate = Amount GNGU 03/01/2016 66,166 0.44037 29,137.52 $29,1-37.52 Total Commodity Charge STATE MANDATED CHARGES: Tariff Eff. Date Therms X Rate = Amount Public Purpose Programs Surcharge GNGU 03/01/2016 66,166 Total Public Purpose Programs Surcharge State Regulatory Fee GNGU 03/01/2016 66,166 Total State Regulatory Fee 0.02347 0.00093 1552.92 $1,552.92 61.53 $61.53 Total State Mandated Surcharges $1,614.45 TAXES AND FEES: DescriRtion Eff. Date Usage X Rate Amount Utility Users' Tax 5.00% 1,555.48 Franchise Fee Surcharge 1.00% 292.64 Total Taxes and Fees $1,848.12 1 METER INFORMATION: Station Effective Prey. Present Pressure Total Billing Total ID Date Read Read Factor CCF Factor Therms 10275612 03/01/2016 889548 953849 1,0000 64301 1.029 66,166 Total 64301 . 66,166 I HB -324-Item 20. - 18 04/06/2016 HISTORY: Period ACCOUNT NUMBER 086-844-8257 6 Page 3 Season Therms Used Amount Current Feb 2016 Jan 2016 Dec 2015 Nov 2015 Oct 2015 Sep 2015 Aug 2015 Jul 2015 Jun 2015 May 2015 Apr 2015 Winter Winter Winter Winter Summer Summer Summer Summer Summer Summer Summer Summer 66,166 62,250 62,436 58,483 58,249 59,722 60,489 63,139 60,683 63,044 61,492 62,722 $32,665.09 $33,503.96 $33,794.57 $30,231.22 $27,245.49 $30,752.42 S31,668.01 S33,927.51 $31,649.66 $33,232.67 $29,295.23 $30,652.10 MESSAGES: WIRE TRANSFER BILL INSTRUCTIONS: Payee Bank: Bank Address: Bank Aba Number: Payee Name: Payee Account No: Reference: UNION BANK OF CALIFORNIA 445 SO. FIGUEROA ST. LOS ANGELES, CA 90013 122000496 SOUTHERN CALIFORNIA GAS CO. 10001-27805 CUSTOMER BILL ACCOUNT NUMBER (086-844-8257) Please send remittance advice (Including payment details) to: SCGRemittanceProcessing@semprautilities.corn The Gas Company's Current Cost of Gas: $0.22712/Therm. Providing safe and reliable energy to our customers for nearly 140 years. HB -325-Item 20. - 19 ris) Clean Energy Ship To: Republic Services • Huntington Beach, CA 7614 Warner Ave Huntington Beach, CA 92647 US Bill To: Republic Services - Huntington Beach, CA 7614 Warner Ave Huntington Beach, CA 92647 US Remit To: Clean Energy PO BOX 678208 Dallas, TX 75267 -8208 US Customer Number: Invoice Number: Invoice Date: Invoice Due: Total Discount: Total Misc Charges: Total Taxes: Invoice Total: Purchase Order 4:: T 949-437-1000 F 949-724-1573 123832 CE11870750 04/25/2016 06/09/2016 1,428.05 0.00 0.00 11,395.78 P05352791 Misc, Charges Description Unit Price Quantity UOM Extended Price Total 0.00000 0.00 Site 4 Site Desc 20572 Huntington Beach, CA. Republic Services - Private Unit Price Total Quantity UOM 47,601.44000 Extended Price 12,823.83 12,823.81 Item Details Description CNGOM CNG: OPERATIONS & MAINTENANCE March 2016 0.26940 47,601.44000 DGE Sales Tax Description Unit Price Quantity UOM Extended Price Total 0.00000 0.00 REMIT TO: PO BOX 678208, Dallas, TX 75267-8208 For account inquiries, please e-mail Credif@cleanenergyfuels.com HB -326-Item 20. - 20 2015 kWh 2015 Invoice 2015 Cost/kWh 211,640.00 $ 32,470.970 $ 0.153 2016 kWh 2016 Invoice 2016 Cost/kWh Energy Increase/Decrease % Reduction Energy Cost - 2015 % Change $ Change Energy Cost - 2016 208,968.00 $ 29,724.380 $ 0.142 $ (0.011) -7.29% $ 1.187 -7.29% $ (0.087) $ 1.100 Total Compression Cost - 2016 $ 1.100 HB -327-Item 20. - 21 Billing period Your rate New charges Marl '15 to Apr 1 '15 MISC-CHARGES $2,195.28 Mar 1'l5 to Apr 1 '15 MISC-CHARGES $303.75 Mar 3 '15 to Apr 1'15 TOU-8-CPP $29,971.94 $32,470.97 SOUTHERN CALIFORNIA EDISON' An EDISON INTERNATIONALS Company Go paperless at www.sce.com/ebillIng . It's fast, easy and secure. P.O. Box 300 Rosemead, CA 91772-0001 www.sce.c,orn RAINBOW DISPOSAL CO INC / Page 1 of 8 For billing and service inquiries call 1-800-990-7788, Mon - Fri 7 am. to 7 p.m. and Saturday 8 a.m. to 5 p.m. For emergency services call 24 hrs a day, 7 days a week Date bill prepared:Apr 2 '15 Your account summary Amount of your last bill Payment we received on Mar 17 '15- thank you Balance forward Your new charges (.) Total amount you owe by Apr 21 '15 Summary of your b fling detail Service account Service address RAINBOW ENVIFiOMENTAL 17121 NICHOLS LN SERVICES HUNTINGTN BCH, CA 3-030-2001-43 RAINBOW ENVIROMENTAL 17121 NICHOLS LINI SERVICES HUNTINGTN BCH, CA 3-030-2001-64 RAINBOW ENVIROMENTAL 117121 NICHOLS LW SERVICES HUNTINGTN BCH, CA 3-031-6000-68 Customer account 2 -03 -649-2809 PO BOX 1026 HUNTINGTON BEACH, CA 92647-1026 $33,138.19 -$33,138.19 $0.00 $32,470.97 $32,470.97 (14-5741 Tear here Please return the payment stub below with your payment and make your check payable to Southern California Edison. If you want to pay in person, call 1-800.747-8908 for locations, or you can pay online at www.sce.com . Tear here srourgA. An WNW INTERNATIONAL. C.e.P.Y Customer account 2-03-649-2809 Please write this number on your check, Make your check payable to Southern California Edison. Amount due by Apr 21 '15 Amount enclosed $32,470.97 STMT 04022015 PS CO3 T0056 011079 01AT 0.4030 8001 l a l li I IM IIIFINPIII 1 111 1 11 141 11 1 111"1 1111111'11 1 1 11'1 RAINBOW DISPOSAL CO INC PO BOX 1026 HUNTINGTON BEACH, CA 92647-1026 P.O. BOX 300 ROSEMEAD, CA 91772-0001 03 649 2809 00000031 00000000000324 7097003247097 HB -328-Item 20. - 22 Contact information Customer service numbers General Services (U.S. & Canada) Account Balance & Extensions Emergency Services & Outages California Alternate Rates for Energy (CARE) Electric Indusay Restructuring Enemy Theft Hotline Hearing S Speech Impaired (TTY) 1-800456-4655 1-800-950-2356 1-800-611-1911 1400-447-6620 1-800-799-4723 14004274901 1-800-352-8580 Important information Rotating outages A rotating outage is a controlled electric outage that lasts approximately one hour for a group of circuits, which is used during electric system emergency conditions to avoid widespread or uncontrolled blackouts. Each SCE customer is assigned a rotating outage group, shown on the upper part of the SCE bill. If your rotating outage group begins with the letters A, M, R, S, or X, you are subject to rotating outages. If it begins with N or Exempt, you are not. Your rotating outage group may change at any time. For more Information, and to see which rotating outage groups are likely to be called in the event of a system emergency, visit www.sce,corn or call 1-800-665-4555. Options for paying your bill On-line Mall-In In Person Phone vAvmsce.com or Electronic Fund Transfer Check or Money order Authorized payment locations ClulckCheck Credit Card-Visa/MasterCard' Debit Card-ACCEUNYCE/PulselSter• 1-800-747-8908 1-800-950-2358 1-800-264-4123 1-800-254-4123 'The Credit/Debit card payment options are not available for payment of commercial services or security deposits for commercial services. You may call us for electronic payment options, to make payment arrangements, or for Information on agencies to assist you In bill payment If service has been disconnected, on the day of the service reconnection, be sure all appliances and other electric devices are turned off. For additional home safety tips, visit www.sce.com/safety or you may call SCE Customer Service at 1-800455-4555. RAINBOW DISPOSAL CO INC / Page 2 of 8 Multicultural services (Available Monday - Friday 8 a.m. - 6 p.m.) Cambodian /rat Chinese / ttlt Korean / ORO! Vietnamese / Terve Viat Spanish / Espanol (7 dies a la semana 8 a.m. - 8 p,m.) Correspondence: Southern California Edison (SCE) P. 0, Box 6400, Rancho Cucamonga, CA 91729-6400 Late Payment Charge (L.PC) A late payment charge of 0.8% will be applied to the total unpaid balance on your account If full payment is not received by the due date on this bill (except for CARE and state agency accounts). Disputed bills If you think your bill is Incorrect, call us and speak with a customer service representative, or if necessary, with a manager, if you feel unsatisfied with the result of such discussion(s), contact the CPUC, Consumer Affairs Branch by mail at 605 Van Ness, Room 2003, San Francisco, CA 94102; or at vAvw,cpuc.ca.gov , 1-800-649-7570. TTY: 1-800-229-6846. Include a copy of your bill, why you believe SCE did not follow its rules-and-sales; and a cheek or money-order made out to-the CPUC for the disputed amount You must pay the disputed amount, or send It to the CPUC, before the past-due date to avoid disconnection. The CPUC accepts payment only for matters relating directly to bill accuracy. While the CPUC is investigating your complaint, you must pay any new SCE bills that become due. Electronic Fund Transfers (EFT) When you provide a check as payment, you authorize us either to use information from your check to make a one-time electronic fund transfer from your account or to process the payment as a cheek transaction, When we use information from your check to make an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your check back from your financial institution, but the transaction will appear on your financial institution statement. If you do not wish to authorize an electronic fund transfer, please call the 800 number on the front of your bill 1400-843-1309 1-800-8434343 1430-628-3061 1-800427-3031 1-800-441-2233 Past due bills Definitions Your bill was prepared on April 2, 2015. Your bill Is due when you receive it and • DWR Bond Charge: Bands issued by the Department of Water Resources (DWIT) becomes past due 19 days after the date the bill was prepared. You will have 15 days to cover the cost of buying power for customers during the energy crisis are being at your new address to pay a bin from a prior address before your service will be repaid through this charge. terminated. SCE does not terminate residential service for non-payment of bills for • SCE Generation; These charges recover energy procurement and generation other classes of service. Termination of electric service requires a Service Connection costs for that portion of your energy provided by SCE. Beginning April 11, 2010, charge. If ycu are a residential customer, and claim art Inability to pay and payment pursuant to CPUC Decision 10-03-022, Direct Access (DA) Is again open to all arrangements have not been extended to you by SCE pursuant to SCE's filed tariffs, non-residential customers, subject to annual limits during a four year phase-in you may contact the California Public Utilities Commission (CPUC). period, and absolute limits following the phase-In. All residential customers currenthi returning to Bundled Service may not elect to return to DA service. • CA Climate Credit Credit from state effort to fight climate change. Applied monthly to eligible businesses and semi-annually to residents. To change your contact Information or enroll In SCE's payment option, complete the form below and return it in the enclosed envelope. Rules and rates SCE's rules and rates are available in full at www.sce.com or upon request. Direct Payment (Automatic Debit) Enrollment: 2-03-649-2809 I hereby authorize SCE and myfinancial institution to automatically deduct my monthly payment from the checking account as shown on my enclosed check, ten calendar days after my bill is mailed. Signature bate To change your checking account information or to be removed from the Direct Payment program please call SCE at 1-800-655-4555. Change of mailing address: 2-03-649-2809 STREETS 1 STREET NAME APARTMENT It I STATE " "zip coos . E-MAIL ADDRESS 1111 Energy Assistance Fund (EAF): I want to help people pay their energy bill through EAF. For info visit www.sce.com/eaf or call (800)205-8596. Round-so my bill to next whole dollar amount for EAF . Add this amountfor $ Select one box only and sten below for EAF; Every One Month Every One Month Month only Month only HB -329-Item 20. - 23 SOUTHERN CALIFORNIA EDISON' Go paperless at www.sce.com/ebilling . It's fast, easy and secure. An EDISON INTERNATIONAL'S Company RAINBOW DISPOSAL CO INC / Page 3 of 8 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS IN Details of your new charges Your rate: MISC-CHARGES Billing period: Marl '15 to Apr 1 '15 (31 days) Added facilities $2,195.28 $2,195.28 $2,195.28 Subtotal of your new charges Your new charges HB -330-Item 20. - 24 RAINBOW DISPOSAL CO INC / Page 4 of 8 Service account 3-030-2001-64 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate: MISC-CHARGES Billing period: Mar 1 '15 to Apr 1 '15 (31 days) Added facilities-estim Subtotal of your new charges Your new charges $303.75 $303.75 $303.75 HB -331-Item 20. - 25 SOUTHERN CALIFORNIA EDISON' Go paperless at www.sce.com/ebiliing . It's fast, easy and secure. An EDISON INTERNATIONAL Company RAINBOW DISPOSAL CO INC I Page 5 of 8 Service account Service address Rotating outage 3-031-6000-68 RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS IN Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 3 '15 to Apr 1 '15 Your next billing cycle will end on or about Apr 24 '15. Total electricity you used this month in kWh 211,640 Winter Season Mid peak Off peak Total Electricity (kWh) I Demand (kW) 120,864 784 (Mar 12 '15 13:45 to 14:00) 90,776 672 (Mar 26 '15 07:30 to 07:45) 211,640 Reactive usage is 175,656 kVarh Capacity Reservation Level is 0,00 kW Maximum demand is 784 kW Reactive demand is 720 kVar Your daily average electricity usage (kWh) 7298 4865 - 2433 H Mar '13 Mar '14 Feb '15 Mar '15 Usage comparison Mar '13 Mar'14 Apr 14 May '14 Jun '14 Jul '14 Aug '14 Sep '14 Oct.'14 Nov '14 Dec *14 Jan '15 Feb '15 Mar '15 Total kWh used Number of (lava Appx. average kWh used/day 211,044 31 6807 218,208 236,944 221,938 30 29 32 7,273 7,101 0932 212,032 216,724 211,760 231,552 29 30 29 32 7,311 7,224 7,302 7,236 229,480 30 7,649 227,392 33 6,890 202,220 29 6,973 218,330 226,048 211,640 30 32 29 7,277 7,064 7,207 Details of your new charges Your rate: TOU-8-CPP Billing period: Mar 3 '1510 Apr 1'15 (29 days) Delivery charges Facilities rel demand Energy-Winter Mid peak Off peak DWR bond charge Customer charge Power factor adj Generation charges DWR DWR energy credit SCE Energy-Winter Mid peak Off peak $11,665.92 $2,339.93 $1,757,42 $1,113.23 $319.47 $367.20 -$364.02 $7,489.94 $3,797.16 Your Delivery charges include: • $2,903.15 transmission charges • $9,989,12 distribution charges • $59.26 nuclear decommissioning charges • $1 ,970.37 public purpose programs charge • $1,477.25 new system generation charge Your Generation charges include: • -$209.52 competition transition charge Your overall energy charges Include: • $258,14 franchise fees 784 kW x $14.88000 120,864 kWh x $0.01936 90,776 kWh x $0.01936 211,640 kWh x $0.00526 720 kVar x $0.51000 211,640 kWh x -$0.00172 120,864 kWh x $0.06197 90,776 kWh x $0.04183 (Continued on next page) (Continued on next page) HB -332-Item 20. - 26 RAINBOW DISPOSAL CO INC / Page 6 of 8 $28,486.25 x 5.00000% 211,640 kWh x $0.00029 Subtotal of your new charges Huntington Beach UUT State tax Your new charges $28,486.25 $1,424.31 $61.38 $29,971.94 Additional information: • Service voltage: 12,000 volts Details of your new charges (continued) HB -333-Item 20. - 27 sounirAN (.A1.110f:NIA RAINBOW DISPOSAL CO INC / Page 1 of 6 MIttar-75. EDISON' I.IHSON 1A11:1:AATIOSAI.- Billing period Your rate Mar 1 '16 to Apr 1'16 fv1ISC-CHARGES Marl '16 to Apr 1 '16 MISC-CHARGES New charges $2,037.44 $303.75 Mar 2 '16 to Apr 1 '16 TOIJ-8-OPP 6273-83.19 $29,724.38 Go paperless at www.scacornifthifling. It's fast, easy and Secure. For billing and service inquiries call 1-800-990-7788. Customer account 2-03-649-2809 For emergency services call 24 hrs a day. 7 days a week PO BOX 1026 HUNTINGTON BEACH, CA Date bill prepared: Apr 5 '16 92647-1026 Your account summary Previous Balance Payment Received 03/14 Balance forward Your new charges $30,002.22 -S30,002.22 $0.00 $29,724.38 $29,724.38 (...) Total amount you owe by Apr 25 '16 Summary of your billing detail Service account Service address RAINBOW ENVIROMENTAL 17121 NICHOLS LN SERVICES HUNTINGTN BCH, CA 3-030-2001-43 RAINBOW ENV1ROMENTAL 17121 NICHOLS LN SERVICES HUNT1NGTN BCH, CA 3-030-2001-64 RAINBOW ENVIROMENTAL 17121 NICHoLS LN SERVICES HUNTINGTN BCH, CA 3-031-6000-68 Things you should know Get ready for El Nifio storms Visit on.SCE.conVelnino and InsideEdison.corn to loam how you can prepare for winter storms and find out what Southern California Edison is doing to prepare. Ploa3e (alum the payment stub botow eath you payment and make your check payable In Southern California Edison. 114-5743 Tear here If yet, want to pay in person. cell 1-800-7 ,17-8908 tor tocatioes, or you can pay online al MAY.sce.torn. Tear here kW:MINN EDISON' Customer account 2-03-649-2809 Ptoace write 'his numbet on your check Make your check Payable to Southern Calitorma Edison. Amount due by Apr 25 '16 Amounl enclosed $29,724.38 /4 Ii,'tt tflJVIl I. STMT 04052016 P5 CO3 T0048 008406 01 AT 0.4130 9001 RAINBOW DISPOSAL CO INC PO BOX 1026 HIJNTINGTON BEACH, CA 92647-1026 P.O. BOX 300 ROSEMEAD, CA 91772-0001 0 2 6 4 9 2 8 0 9 00000032 000000000002972438002972438 Go paperless at www.spe.pom/ehillinc.;. ICs fast. easy and seoure. HB -334-Item 20. - 28 Contact Information Customer service numbers C.Seneral Services* (u.s. Cerroda)._ ?cio-oCiiit1.1;411te &Extonsioes_ Emergercy Services & Outages eathorma Alternate Tplesier.Ertergy .(Cp3E)._________, Electric Industry Restructthing Energy Theft Hotline Hearing & Spleen Impaired (TTY) 1.800455-4555 1-800-950-2350 141 •00:011710-1 I .1.5119:447•6620 1.600-`7994723 1-800-227-3901 1-800-352-8580 RAINBOW DISPOSAL CO NC! Page 2 of 6 Multicultural services Cambodian I tat 14900-843-1300 Chinese/ 1 1 1 7. ... 1-000-843-0343 KOCeen ; 41 1101 • • 1-800.628-3061 Vietnam Rao / Ileng Vii,it 1-800.32/.3(131 Spanish! Espanol 1-800-441-2233 Correspondence: Southern California Edison (SCE) P. 0 Box 8409 • Ranch') Curammagn, CA 01720-0403 • Important information Rotating outages A rowing outage Is a controlled electric outage that lasts approximately ono hour for a group of circuits, which is used during electric system emergency conditions to avoid widespread or uncontrolled blackouts. Each SCE customer is assigned a rotating outage group, shown on the upper part of the SCE bill It your rotating outage group iYSgitIS with the letters A, M, R, 5, or X, you are subject to rotating outgo. lit begins with hi or Exempt, you are not, Your rotnting outage group may change el any time. For more informatien. and to Sea which miming outage groups are (key to be called in the event of a system emergency. visit ‘shvw.sce.cont or call 1-800-555-4555. Options for paying your bill On-line Atornin In Person Phone VNIVJ ice cola or Electronic Food Transfer Check or tvlooey order Authorized pnyment locations CrnickCheck Credrt Card-Viso/MasterCard' Debit Card-ACCELJNYCEiPulse/Ster l 1-800-747-8908 1-800-950-2356 1-800-254-4123 1-800-254-4123 'The Credit/Debit card payme.nt options are not available for payment 01 commercial services or security deposits for* commercial services. You may call us for electronic payment opt,ons to make payment arrangements, or let infommtion on agencies to assist you in bill payment. If service has been disconnected, on ere day of the service reconnection, he sure aft applrancos and other electric devices ere turned off. For additional home safety lips, visit www.serneondsofely or you may call SCE CuslOmer Service at 11100-655-4555 Past dire bills You , her was prepared on April 5, 25119 Your bre rs due when you receive It and becomes past due 19 days alter the date the bill was prepared. You will have 15 clays TA your nevi address to pay a bill 1rom a prior address before your service will be terminated. SCE does not terminate residential service for non-payment of bills for other classes 01 service. Termination of electric service requires a Service Connection clurroe It you are a residential customer, arm a claim an inability to pay and payment arrangements have not been exteetted to you by SCE pursuant to SCE's Shed tariffs, you niny contact the California Public Ulititles Commission (CPUC). Rules and rates SCE's rules and rates are available ill lull at vow, sce.com or upon request. Late Payment Charge (LPC) A late payment charge of 0.8% will be applied to the total unpoid balance on your account if full payment is not received by the due dale en this hill (except for CARE and state agency accounts), Disputed bills II you think your bill is incorrect, call us and spook with a customer service representative. or if necessary, wile a Manager. If you fern unsatisfied with the result of such diScliSSIOn(S), contact the CPUC, Consumer Affairs Branch by matt at: 505 Van Ness, Room 2003, San Francisco, CA 94102; or at: www epoc.ca.gov , 1 -800-604570, T'tY: I -800-220-0846. Include a copy of your bilk why you betitve SCE did not follow its rules and rates, and a chock or money order made cut to the CPUC for the diSputed amount. You must pay the disputed amount, or send Ito the CPUC, before the past-dtte date to avoid discern -teflon. The GPM) accepts payment only for matters relating directly to bill accuracy. While the CPUC is investlgating your complaint, you must pay any new SCE bills that become duck Electronic Fund Transfers (EFT) When you provide a check as payment. you authorize us either to use inforrnatron from your check to make a one-lime electronic fund transfer front your account or to process the payment as a check transaction. When we use reformation from your chock to mho an electronic fund transfer, funds may be withdrawn from your account as soon as the same day we receive your payment. You will not receive your check back from your linancial institution, but the transacttort will appear on your finartvial institution statement. If you do not wish to authorize an efectrottth fund transfer, please call the 800 number on the front of your bill. Definitions • DWR Bond Charger: Bonds issued try the Department at Water Resources (DWR) to cover the cost of buying power for customers during the energy crisis are being repaid through this charge, • SCE Generation: These charges recover energy Procurement nod generation costs fur dial portion of your energy provided by SCE. Begirming April 11, 2010. pursuant to CPUC Decision 10-03-022, Dined t Access (DA) is again open to all nor-residential customers. subject to annual limits during a lour year phase-in period, and absolute limits foltowing the phase-in. All residential customers currently returning to Flundled Service may not elect to return to DA service. • CA Climate Creche Credit hem state effort to light climate chaogrn Applied monthly lo eligible businesses and semi-annually to residents. 10 change your contact information or enroll In SCE's payment option. complete the form below and return it In the enclosed envelope. Change of mailing address: 2-03-649-2809 Direct Payment (Automatic Debit) Enrollment: 2-03-049-2809 StliFErn STREET (TAME APARTMENT t: hereby authorize SCE and my financial instriution to automatically deduct my monthly payment from the checking account as shown on toy enclosed check, lsin env STATE ZIP CCCE calendar days atter my bill is mailed. Signature Date TELEPHONE It E MAIL ADDRESS To change your checking account information Otto be removed from the Direct Payment prep am please call SCE at 1-800 -055-4555. Energy Assistance Fund (EAF): I want to help people pay their energy bill through EAF. For info visit www.sce.comteaf or call (800) 205-8596. lig 13.2_onSL-PfC PT/ 1-9 1.1.!9_9 03 1 9te.SICAO.r.e.eVer11 ......... 800..1015_fle_10.101.10.LEIV.. $ seact Clint acec oniv and sign nolow for CAP: Every One Month Every One Month hlonth Only Month only HB -335-Item 20. - 29 Go paperless at vo,vw.sce.com/ebliting . IS fast ; easy and sccur-:, 1,7; 0l11-11 -104 (A! It 1-• c• et, g RAINBOW DISPOSAL CO INC / Page 3 of 6 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS IN Details of your new charges Your rate: MISC-CHARGES Billing period: Marl '16 to Apr I '16 (31 days) Added facilities $2,037.44 Subtotal of your new charges Your new charges $2,037.44 $2,037.44 Go paoeiiess at vwrov.sdp.cdirdebiliinc:. ii's fast. easy and secure HB -336-Item 20. - 30 Service account Service address 3-030-2001-64 RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN RAINBOW DISPOSAL CO INC / Page 4 of 6 Details of your new charges Your rate: MISC-CHARGES Billing period: Mar 1 '16 Io Apr 1 16 (31 days) Added facilities-estim $303.75 Subtotal of your new charges $303.75 Your now charges 5303.75 HB -337-Item 20. - 31 Go paperiess at vivmsce.conVebilling. it's fast. easy and secure. SU L61-1 1.8N CALI FON \ EMSON Einso „. \ .1 h.),V.I •• Cs,.;1 1 1 ,:o !)n RAINBOW DISPOSAL CO INC / Page 5 of 6 Service account Service address Rotating outage 3-031-6000-68 RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 216 to Apr 1 '16 Your next billing cycle will end on or about Apr 25 '16. Total electricity you used this month in kWh 208,968 Winter Season Mid peak Off peak Total Electricity (kWh).,_ i _Demand (kW) 122.880 736 (Mar 24 '16 08:45 to 09:00) 86,080 672 (Mar 31 16 .07:15. to 07:30) 208,968 Reactivo usage is 165,516 kVarh Capacity Reservation Level is 0.00 kW Maximum demand is 736 kW Reactive demand is 672 kVar Your daily average electricity usage (kWh) Mar '14 Mar '15 Feb '16 Mar .16 Usage comparison Mot '14 Mar '15 Aim '15 Mai '15 Jun '15 Jul '15 Aug '15 Sep '15 Ocl '10 Nov 'is Der; '15 Jan '10 Feb '16 Mar '16 Tula) kWh usad Number at days Appx avalaga kWh usediday 218.268 33 7.273 211.540 25 7,207 2 1 0.212 :0 I 201 21730) 203.794 710 188 214 801 220.18.4 717,301 220.512 200,502 211.712 200,380 238,968 32 29 30 30 31 31 33 .10 32 20 30 6.110 4024 7.205 7,161 7.112 7,070 0 682 5.q 16 6.693 6,970 6.965 Details of your new charges Your rate . TOU -8 -CPP Billing period: Mar 2 '16 to Apr 1 '16 (30 days) Delivery charges Faci1itios rot demand Energy-Winter Mid peak Off peak DWR bond charge Customer charge Power factor adj Generation charges DV/R DWR energy credit SCE Energy-Wintor Mid peak Off peak 736 kW x $16.89000 122,888 kWh x$0.01792 86,080 kWh x $0.01792 208,968 kWh x $0.00539 672 kVar x $0.51000 208,968 kWh x -$0.00022 122,888 kWh x $0.04473 86,080 kWh x $0.02985 $12,431.04 $2,202.15 S1,542.55 $1,126.34 S356.41 $342.72 -$45.97 $5,490.78 $2,569.49 Your Delivery charges include: • $3,475.81 transmission charges • $10,454.71 distribution charges • -$177.62 nuclear decommissioning charges • $2,284.02 public purpose programs charge • $769.00 new system generation charge Your Generation charges include: • -$16.72 competition transition charge Your overall energy charges include: • $236.67 franchise fees (Continued on next page) (Continued on next page) Go paperlewat vvviiiv.sce.corr/ebilling ll's fast. easy and sonuro. HB -338-Item 20. - 32 RAINBOW DISPOSAL CO INC / Page 6 of 6 Details of your new charges (continued) $26,021.51 x 5.00000% 208,968 kWh x $0.00029 Subtotal of your new charges Huntington Beach (JUT State tax Your new charges $26,021.51 $1,301.08 860.60 $27,383.19 Additional information: • Service voltage: 12,000 volts HB -339-Item 20. - 33 RAINBOW ENVIRONMENTAL SERVICES"' e7 /% REPUBLIC SERVICES Company cl4 Tel 714 847 3581 • Fax 714 841 4660 17121 Nichols Lane Huntington Beach, CA 92647 www.RainbowES.com May 4, 2017 Lori Ann Farrell Director of Finance City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 RE: 2017 Solid Waste Disposal Rate Certification for Residential Services Dear Ms. Farrell: Attached is the 2017-2018 Refuse Rate calculation for the City of Huntington Beach residential solid waste collection provided by Rainbow Environmental Services, a Republic Services Company. In accordance with the terms of the franchise agreement, The City of Huntington Beach should consider Rainbow's compensation by dividing the current fee into like components (76%, 16%, 8%). The City of Huntington Beach shall then apply the increases in each of the factor's components (1-3) to each of the corresponding percentages of the rate. The rate utilizes a formula which is based on three factors: 1. The projected percentage of increase or decrease in the Bureau of Labor Statistics Consumer Price Index (CPI) for the Orange County area from March to March of the preceding twelve (12) months. This factor constitutes seventy-six (76%) of the rate adjustment. 2. The increase or decrease in the Orange County landfill tipping fees. This factor constitutes sixteen percent (16%) of a rate adjustment and is based upon the tipping fee adopted by Orange County for the subsequent fiscal year. 3. The increase or decrease in the average per gallon price of fuel as paid by Rainbow during the March to March timeframe noted above. This factor constitutes eight percent (8%) of a rate adjustment (Please refer to attachment for calculation). In accordance with the factors outlined above, the rate will increase by 3.04%. Rainbow Environmental Services respectfully requests the City of Huntington Beach's consideration in the rate compensation adjustment for commercial services proposed herein for implementation on July 1, 2017. Printed on Recycled Paper HB -340-Item 20. - 34 Lori Ann Farrell May 4, 2017 Page 2 Please let us know if you have any questions or comments and thank you for the opportunity to serve the solid waste and recycling needs of the City of Huntington Beach. CERTIFICATION To the best of our knowledge the information enclosed is complete and accurate. Chris KenfoPp General Manager Rainbow Disposal Co., Inc. ACKNOWLEDGEMENT Lori Ann Ann Farrell Director of Finance City of Huntington Beach Printed on Recycled Paper HB -341-Item 20. - 35 Application of Rate Change Factor to the Residential Rate Existing Percent Rate New Rate Change Change Rate Refuse Rate 15.50 3.04% 0.47 15.97 MRF Rate 3.00 0.00% 3.00 Total Rainbow Rate 18.50 0.47 18.97 HB -342-Item 20. - 36 March 2016 247.873 March Change 2017 254.525 6.652 Effective PI 2.68% 2.04% City of Huntington Beach July 1, 2017 Rate Increase Calculation CPI Portion (76%) County of Orange Landfill Tipping Fee Portion (16%) 2016 2017 Change 32.96 33.5 0.54 CNG Pricing Portion (8%) March March Change 2016 2017 2.06 $ 2.25 $ 0.19 1.64% 0.26% 9% 0.74% Total Price Increase - July 1, 2017 3.04% HB -343-Item 20. - 37 City of Huntington Beach Fred Wilson, City Manager 2000 Main Street Huntington Beach, CA 92648 March 9, 2017 ORANGE COUNTY Waste Recycling OurCommunity. Our Commitment. Shaw Lin, Interim Director 300 N. Flower Street, Suite 400 Santa Ana, CA 92703 www.ockndfills,coni Telephone: (714) 834-4000 Fax: (714) 834-4183 Subject: Waste Disposal Agreement Contract Rate Dear Mr. Wilson: In accordance with the Waste Disposal Agreement between the City of Huntington Beach (City) and the County of Orange (County), the County is obligated to provide the City with notice of the adjustment to the contract rate on an annual basis effective July I' of each year. T r serves as your official notice that the adjusted contract rate is effective July 1, 2017 and will b $33.50:-1-8 escalation calculation of the adjustment is included as an attachment to this letter as set foi ection 4.2(F) of the Waste Disposal Agreement. If you have any questions, please call me at (714) 834-4130 or e-mail me at kristen.almaraz0A)ewr.ocuov.com . Sincerely, , Kristen Almaraz Contract Compliance Manager Business Services, Contract and Program Support Attachment HB -344-Item 20. - 38 Bureau of Labor Statistics Data Page 1 of 1 I Home I Subjects Data Tools I Publications A to Z Index I FAQs I About BLS I Contact Us Subscribe to E-mail Updates Follow Us I What's New I Release Calendar I Blog Search BLS.gov Economic Releases I Students Beta Databases, Tables & Calculators by Subject SHARE ON: kri FONT SIZE: Change Output Options: From: 2007 To: 12017 VI (I) ID include graphs El include annual averages More Formatting Options Data extracted on: April 17, 2017 (11:41:33 AM) CPI-All Urban Consumers (Current Series) Series Id: CritiRM 21SAO, CriliSAA 2ISAO Not Seasona I y Adjusted Series Title : All items in Los Angeias-Riversid e - O r a n c e C o u n t y , C A , a l l u r b a n c o n s u m e r s , n o t s e a s o n a l l y a d j u s t e d Area: Los Angeles-Riverside-Orange County, CA Item: All items Base Period: 1982-84=100 Download: E3 xi= Year Jan ' Feb Mar Apr , May , Jun ; Jul I Aug ; Sep ! Oct ; Nov Dec i Annual . HALF1 HALF2 •-+ -1 2007 212.584 : 214.760 216.500 ; 217.845 : 218.596 : 217.273 ' 217A54: .7/73,3 0 : 2 1 7 . 6 9 7 I 2 1 8 . 6 9 6 / 2 1 9 5 4 3 2 1 9 . 3 7 3 : 2 1 7 . 3 3 8 , 2 1 6 . 2 6 0 2 1 8 4 1 6 i-- --/ / - 2008 220.918 221.431 223.606 : 224.625 ; 226.651 ; 229/033 : 229.886; 228.48 4 : 2 2 / . 4 4 9 ; 2 2 6 . 1 5 9 1 2 2 2 . 2 2 9 2 1 9 . 6 2 0 : 2 2 5 . 0 0 8 , 2 2 4 . 3 7 7 , 2 2 5 . 6 3 8 --f 2009 220.719 221.439 221.376 . 221.693 222.522 , 223.906 ' 224.0101 224.50 7 1 2 2 5 . 2 2 6 : 2 2 5 . 2 6 4 / 2 2 4 . 3 1 7 2 2 3 . 6 4 3 1 2 2 3 . 2 1 9 . 2 2 1 . 9 4 3 2 2 4 . 4 9 5 -T./. / : • 2010 224.610 , 224.620 225.483 ' 225.916 : 226.438 : 225.877 , 225.991 ; 226.3731226.0481226.7941225/441 226.639 ; 225.894 , 225.49 1 2 2 6 . 2 9 8 i i: ; 2011 228.652 229.729 232.241 ; 233.319 ; 233.367 :232328/ 231.303 l 231.833 7 2 3 3 . 0 2 2 1 2 3 3 . 0 4 9 1 2 3 2 . 7 3 1 2 3 1 . 5 6 7 : 2 3 1 . 9 2 8 i 2 3 1 . 6 0 6 2 3 2 . 2 5 1 / .2012 233441 234537 236541 :236.8661237.032 236.025 235.7761237.222 1 2 3 8 . 1 / 44 : /441.111 : 237.675 236.042 '236.648 : 235.807 : 237488 , 2013 238.015 : 239.753 239595 :239.043 ; 239346 ' 239.223 t 2385201 -239.219 239.6111239540 : 238.677 238.742 ' 239 207 , 239 229 239.185 , f 1 2014 239.857 . 241.059 242A91 242.437 ; 243 362 243.528 ; 243.7271243.556 1 2 4 3 . 6 2 3 / 2 4 3 . 3 4 1 : 2 4 1 . 7 5 3 2 4 0 A 7 5 : 2 4 2 A 3 4 ' 2 4 2 . 1 2 2 2 4 2 . 7 4 6 2015 : 239.724 . 241297 243.738 : 243.569 1246.093 245.4591247.066_ /246.32 8 1 2 4 5 A 3 1 ! 2 4 5 . 8 1 2 / 2 4 5 . 7 1 1 2 4 5 . 3 5 7 : 2 4 4 . 6 3 2 2 4 3 3 1 3 2 4 5 5 5 1 ; 2016 247.155 , 247.113 ' 247.873 248.368 : 249.554 249.789249.7841249.700 : 2 5 0 . 1 4 5 ; 2 5 1 . 0 9 8 : 2 5 0 . 1 8 5 2 5 0 . 1 8 9 : 2 4 9 . 2 4 6 „ 2 4 8 . 3 0 9 2 5 0 . 1 8 4 I ---- ' 2017 ' 252.373 • 253,81r214 ; ' t _. -2 RECOMMEND THIS PAGE USING: Facebook t Twitter Ej LinkedIn TOOLS Areas at a Glance Industries at a Glance Economic Releases Databases & Tables Maps CALCULATORS Inflation Injury And Illness HELP Help & Tutorials FAQs Glossary About BLS Contact Us INFO What's New Careers @ BLS Find It! DOL Join our Mailing Lists Linking & Copyright Info RESOURCES Inspector General (01G) Budget and Performance No Fear Act USA.gov Benefits gov Disability gov Freedom of Information Act I Privacy & Security Statement I D i s c l a i m e r s I Customer Survey I Important Web Site Notices U.S. Bureau of Labor Statistics I Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212-0001 www,b1s.gov I Telephone: 1-202-691-5200 I MD: 1 -800 -877-8339 I Contact Us https://data.b1s.gov/pdq/SurveyOutputServlet?data_tool=dropmap&series_id- C U U R A 4 2 1 . . . 4/17/2017 HB -345-Item 20. - 39 Bureau of Labor Statistics Data Page 1 of A to Z lode, I FA(is Atoll lit 5 I (oath( tu Subscribe to E-mail Updates Follow Us j What's New Release Calendar I Blop, Search 1:3 15•90v Home Subjects Data 1 adz I Publications 1 Economic Releases Students I Beta Databases, 'Fabies 8? alGulaRws by Subject SHARE ON. • tlij tom stair Change Output Options: From - 2006 V To 2016 Li include graphs L Include annual averages Data extracted on: February 1, 2017 (1:51148 PM) Consumer Price Index - All Urban Consumers .sprie*i tti cuuitcccoSAC . Not Seasonally Adjusted Area: U.S. city average Item: All items Base Period: 1982-84=100 Download: 09 IA*. M o re For m att ing Options rwix:: ' • Year 2006 -Jan 198.3 Feb 198.7 Mar 199,8 Apr 201.5 May 202.5 Jun 202.9 - Jul 203.5 Aug 203.9 _. Sep 202,9 . _ _ Oct Nov 201.5 Dec 201.8 HALF1 200.6 NALF2 202.6 261.8 iiiiii 2-02.416 203.499 20-5.352 206.686 207.949 208.352 208.299 207.917 208.490 208.936 210,177 210.036 205.709 208.976 2008 211.080 211.693 213.528 214.823 216.632 218.815 219.964 219.086 218.783 216.573 212.425 210.228 214.429 216,177 2009 . 211.143 212.193 212.709 213,240 213.856 215.693 215.351 215.834 215.969 216.177 216,330 215.949 213.139 215.935 2016- 216.687 216,741 217.531'218.009 218.178 217.965 218.011 218.312 218,439 218.711 218.803 219.179 217.535 218.576 2011 220.223 221.309 223.467 224.906 225.964 225.722 225.922 226.545 226,889 226.421 226.230 225.672 223.598 226,280 2012 226.665 227.663 229.392 230,085 229.815 229.478 229.104 230.379 231.407 231,317 230.221 229.601 228.850 230.338 2013 230.280 232.166 232.773 232.531 232.945 233.504 233.596 233.877 234.149 233.546 233.069 233,049 232,366 233,548 2014 233.916 234.781 236.293 237.072 237.900 238.343 238.250 237.852 238.031 237.433 236.151 234.812 236.384237.088 2015 ' 233.707 234.722 236.119 236.599 237.805 238.638 238.654 238.316 237.945 1 237.8U 2t7.336 236.525 236.265 237,769 2016 236.916 237.111 238.132 239.261 240,229 241.018 240.628 240.849 241.428 241,729 21.353 241.432 238.778(R) 241.237 R : Revised TO; RECOMMEND THIS PAGE USING: Facebook it Twitter Linkedln TOOLS Areas at a Glance Industries at a Glance Economic Releases Databases e, Tables Maps CALCULATORS Inflation Location Quotient Injury And Illness HELP Help & Tutorials FAQs Glossary About BLS Contact Us INFO Witalls New Careers @ BLS Find III DOL Join our Mailing Lists Linking & Copyright Info RESOURCES Inspector General (01G) Budget and Pedonnance No Fear Act USA.gov Benelits.gov Disability gov Freedom of Information Act I Privacy lb Security Statement I Disclaimers I Customer Survey I Important Web Site Notices U.S. Bureau of Labor Statistics J Postal Square Building, 2 Massachusetts Avenue, NE Washington, DC 20212 -0001 www.tt.uov I Telephone: 1-202-691-5200 I TOO: 14300-877-8339 I Contact Its ht-tps://data.b1s.gov/cgi-bitilsurveymost 2/1/2017 HB -346-Item 20. - 40 OC Waste & Recycling Accounting (CPI) All Urban Consumers Annual Contract Rate Adjustment (Escalation Calculation) Use ID # CUUR0000SA0 Effective July 1,2017 Update the cells in BLUE (1) Percentage Change Calculation Formula: Step 1: r October 2016 CPI L 44;:trHir 241.729 1 = 1.64% 237.838 City Contract Rate: Step 2: Current City Contract Rate x ( 1 % Increase in Contract Rate ) = Contract Rate as of July 1. 2017 $32.96 x 1 + 1.64% = $33.50 Note: '1) Complete instructions on calculating this annual adjustment are available in Section 4.2 (I) (F) of the Waste Disposal Agreement effective July 1, 2010. 1 = % Increase in Contract Rate HB -347-Item 20. - 41 Rainbow Disposal Co., Inc. City of Huntington Beach Rate Review CNG Fuel Cost Year 2011 2012 2013 2014 2015 2016 2017 Therms Purchased 27,993.00 37,818.00 49,266.00 55,116.00 66,549.60 66,166.00 58,404.00 Gas Co Invoice $ 15,580.85 $ 15,521.82 $ 23,328.63 $ 41,302.96 $ 34,722.09 $ 32,665.09 $ 32,394.41 Cost Per Therm $ 0.56 $ 0.41 $ 0.47 $ 0.75 $ 0.52 $ 0.49 $ 0.55 Diesel Gal Cost Per Compression Equivalent Diesel Gal Cost 20,139 $ 0.774 $ 1.115 27,207 $ 0.571 $ 1.022 35,443 $ 0.658 $ 1.115 39,652 $ 1.042 $ 1.156 47,877 $ 0.725 $ 1.187 47,601 $ 0.956 $ 1.100 42,018 $ 0.988 $ 1.258 Cost Per Gallon 1.89 1.59 1.77 2.20 1.91 2.06 2.25 Evaluation Month March March March March March March March HB -348-Item 20. - 42 Calculation of Diesel and Gas Gallons on CNG Usage Mar-17 Beginning of Month Meter End of Month Meter CcF 605,509 661,993 56,484 CcF 56,484 Therm Conversion 1.03 Therms 58,404 Therms Per DDG Conversion 1.39 Diesel Gallons 42,018 Natural Gas Vehicle Fuel Bill 32,394.45 Clean Energy 9,126.13 Invoice Total $ 41,520.54 VGallon $ 0.99 HB -349-Item 20. - 43 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 1 Rainbow Disposal Company, Inc. NATURAL GAS VEHICLE FUEL BILL 17121 Nichols Street #A Huntington Beach, CA 92647 SoCalGas P.O. BOX C MONT. PK ., CA 91766 PLEASE PAY THIS AMOUNT $32,664.48 I 80 0868448257 03266448 60 0868448257 0326644860 Customer Name Service Address Account Number Old Account Number Rainbow Disposal Company, Inc. 17121 Nichols Ln NGV Huntingtn Bch CA 92647 5719 086-844-8257 6 18-8888-002-516-2 Last Payment Date Amount 03/27/2017 $31,001.85 Billing Period: From To Therms Used 58,404 ; 03/01/2017 04/01/2017 SUMMARY OF TRANSPORTATION AND RELATED CHARGES: NATURAL GAS VEHICLE FUEL BILL Description Of Charges Amount Customer Charge Commodity Charge State Mandated Charges Taxes and Fees Late Payment Charge TOTAL CURRENT CHARGE 65.00 28,911.74 1,584.50 1,833.17 270.07 $32,664.48 Past Due If Not Paid By 04/25/17 PREVIOUS BALANCE Moo TOTAL AMOUNT DUE 0.7% Late Payment Charge Due If Paid After 04/28/17 $32,664.48 ** FOR QUESTIONS REGARDING THIS BILL, PLEASE CALL JASON CHONG AT (213) 244-8429 OUR NGV DEPARTMENT IS ALWAYS AVAILABLE TO PROVIDE SERVICE AND INFORMATION REGARDING YOUR NEEDS. PLEASE CALL US AT 1-800-427-2000. HB -350-Item 20. - 44 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 2 BILLING SCHEDULE: Contract Allocations i Tariff % Therms/month Therms GNGU 100 58,404 CUSTOMER CHARGE: I Tariff Amount GN/GTNG 65.00 Total Customer Charge $66.00 COMMODITY CHARGE: Tariff Eff. Date Therms X Rate = Amount GNGU 03/01/2017 58,404 0.49503 28,911.74 Total Commodity Charge $28,911.74 STATE MANDATED CHARGES: Tariff Eff. Date Therms X Rate Amount Public Purpose Programs Surcharge GNGU 03/01/2017 58,404 Total Public Purpose Programs Surcharge State Regulatory Fee GNGU 03/0112017 58,404 Total State Regulatory Fee 0.02574 0.00139 1,503.32 $1,503.32 81.18 $81.18 Total State Mandated Surcharges $1,584.50 TAXES AND FEES: Description Eff. Date Usage X Rate Amount Utility Users' Tax 5.00% 1,542.59 Franchise Fee Surcharge 1.00% 290.58 Total Taxes and Fees $1 833.17 LATE PAYMENT CHARGE: !Description Eff. Date Balance X Rate Amount: ILate Payment Charge 03/06/2017 38,581.00 0.70% $270.07 Total Late Payment Charges $270.07 HB -351-Item 20. - 45 1Period 1Current i Feb 2017 Jan 2017 Dec 2016 Nov 2016 Oct 2016 1Sep 2016 Aug 2016 Jul 2016 Jun 2016 I May 2016 ; Apr 2016 Winter Winter Winter Writer Summer Summer Summer Summer Summer Summer Summer Summer Season Therms Used 58,404 52,988 62,313 57,512 61,112 65,801 59,156 64,180 61,181 64,939 63,294 59,838 Amount $32,394.41 $31,001.85 $38,581.00 $36,635.62 $36,803.97 $41,850.01 $37,519.67 $40,687.34 $37,880.98 $34,294.69 $33,059.87 $29,443.58 04/06/2017 ACCOUNT NUMBER 086-844-8257 6 Page 3 METER INFORMATION: Total] Therms 58,404 58,404 1 Station Effective Prey. Present Pressure Total Billing ID Date Read Read Factor CCF Factor 10275612 03/01/2017 605509 ( 661993 / 1.0000 56484 1.034 Total 56484 HISTORY: MESSAGES: WIRE TRANSFER BILL INSTRUCTIONS: Payee Bank: Bank Address: Bank Aba Number: Payee Name: Payee Account No: Reference: UNION BANK OF CALIFORNIA 445 SO. FIGUEROA ST. LOS ANGELES, CA 90013 122000496 SOUTHERN CALIFORNIA GAS CO. 10001-27805 CUSTOMER BILL ACCOUNT NUMBER (086-844-8257) Please send remittance advice (including payment details) to: SCGRemittanceProcessing@semprautilities.com The Gas Company's Current Cost of Gas: 50.35989/Therm. Providing safe and reliable energy to our customers for nearly 140 years. HB -352-Item 20. - 46 2016 kWh 2016 Invoice 2016 Cost/kWh 208,968.00 $ 29,724.380 $ 0.142 2017 kWh 2017 Invoice 2016 Cost/kWh Energy Increase/Decrease % Reduction Energy Cost - 2016 % Change $ Change Energy Cost - 2017 183,100.00 $ 29,767.700 $ 0.163 $ 0.020 14.29% $ 1.100 14.29% $ 0.157 $ 1.258 Total Compression Cost - 2017 $ 1.258 HB -353-Item 20. - 47 el.`,044 Clean Energy Ship To: Republic Services - Huntington Beach, CA 7614 Warner Ave Huntington Beach, CA 92647 US Bill To: Republic Services - Huntington Beach, CA 7614 Warner Ave Huntington Beach, CA 92647 US Remit To: Clean Energy PO BOX 678208 Dallas, TX 75267-8208 US Customer Number: Invoice Number: Invoice Date: Invoice Due: Total Discount: Total Misc Charges: Total Taxes: Invoice Total: Purchase Order #:: T 949-437-1000 F 949-724-1573 123832 CE11964104 03/02/2017 04/16/2017 1,143.63 0.00 0.00 9,126.13 P06284878 Misc. Charges Description Unit Price Quantity UOM Extended Price Total 0.00000 0.00 Site # Site Desc 20572 Huntington Beach, CA - Republic Services - Private Unit Price Total Quantity UOM 38,120.86000 Extended Price 10,269.76 10,269.70 Item Details Description CNGOM CNG: OPERATIONS & MAINTENANCE February 2017 0.26940 38,120.86000 DGE Sales Tax Description Unit Price Quantity UOM Extended Price Total 0.00000 0.00 REMIT TO: PO BOX 678208, Dallas, TX 75267-8208 For account inquiries, please e-mail Credit@cleanenergyfuels.com Page 1 HB -354-Item 20. - 48 SOUTHERN CALIFORNIA EDISON® An EDISON INTERNATIONAL& Company Go paperless at www.sce.corniebilling. It's fast, easy and secure. P.O. Box 300 Rosemead, CA 91772-0001 wv,rw.sce.com RAINBOW DISPOSAL CO INC / Page 1 of 8 For billing and service inquiries call 1-800-990-7788, For emergency services call 24 hrs a day, 7 days a week Date bill prepared: Apr 4 '17 Your account summary Previous Balance Payment Received 03/20 Balance forward Your new charges (..) Total amount you owe by Apr 24 '17 Summary of your billing detail Customer account 2-03-649-2809 PO BOX 1026 HUNTINGTON BEACH, CA 92647-1026 $31,549.71 -$31,549.71 $0.00 $29,767.70 $29,767.70 Service account Service address RAINBOW ENVIROMENTAL 17121 NICHOLS LN SERVICES HUNTINGTN BCH, CA 3-030-2001-43 RAINBOW ENVIROMENTAL 17121 NICHOLS LN SERVICES HUNTINGTN BCH, CA 3-030-2001-64 RAINBOW ENVIROMENTAL 17121 NICHOLS LN SERVICES HUNTINGTN BCH, CA 3-031-6000-68 Billing period Your rate Marl '17 to Apr 1 '17 MISC-CHARGES New charges $2,037.44 Marl '17 to Apr 1 '17 MISC-CHARGES $303.75 Mar 2 '17 to Mar 31 '17 TOU-8-CPP $27,426.51 $29,767.70 Please return the payment stub below with your payment and make your check payable to Southern California Edi s o n . (14-574) Tear here If you want to pay in person, call 1-800-747-8908 for locations, or you can pay online at www.sce.com . Tear here Ell SOUTHERN CALIFORNI A EDISON* An EDISON INTESNATIONA t 0 Company Customer account 2-03-649-2809 Please write this number on your check. Make your check payable to Southern California Edison. Amount due by Apr 24 '17 Amount enclosed $29,767.71 STMT 04042017 P5 CO2 T0047 009458 01 AB 0.4000 8001 RAINBOW DISPOSAL CO INC PO BOX 1026 HUNTINGTON BEACH, CA 92647-1026 P.O. BOX 300 ROSEMEAD, CA 91772-0001 03 649 2809 00000031 000000000002976770002976770 HB -355-Item 20. - 49 1-800-843-1309 1-800-843-8343 1-800-628-3061 1-800-327-3031 1-800-441-2233 1-800-655-4555 1-800-950-2356 1-800-611-1911 1-800-447-6620 1-800-799-4723 1-800-352-8580 Contact Information Customer service numbers General Services (U.S. & Canada) Account Balance & Extensions Emergency Services & Outages California Alternate Rates for Energy (CARE) Llectric Industry Restructuring Energy Theft Hotline Hearing & Speech Impaired (TTY) Important information Multicultural services Cambodian /AP Chinese I rfr Korean / E101 Vietnamese/ Tieing vi4t Spanish / Espanol Correspondence: Southern California Edison (SCE) P. O. Box 6400, Rancho Cucamonga, CA 91729-6400 TELEPHONES E-MAILAcnikEss RAINBOW DISPOSAL CO INC / Page 2 of 8 Rotating outages A rotating outage is a controlled electric outage that lasts approximatel y o n e h o u r f o r a group of circuits, which is used during electric system emergency con d i t i o n s t o a v o i d widespread or uncontrolled blackouts. Each SCE customer Is assi g n e d a r o t a t i n g outage group, shown on the upper part of the SCE bill. If your rotatin g o u t a g e g r o u p begins with the letters A, M, R, S, or X, you are subject to rotating outa g e s . I f i t b e g i n s with N or Exempt, you are not. Your rotating outage group may chan g e a t a n y t i m e . For more information, and to see which rotating outage groups are lik e l y t o b e c a l l e d in the event of a system emergency, visit www.sce.com or call 1-800-655-4555. Options for paying your bill On-line Mail-In In Person Phone www.sce.com or Electronic Fund Transfer Check or Money order Authorized payment locations QuickCheck Credit Card-Visa/MasterCard' Debit Card-ACCEL/NYCE/Pulse/Star* 1-800-747-8908 1-800-950-2356 1-800-254-4123 1-800-254-4123 'The Credit/Debit card payment options are not available for payment of c o m m e r c i a l services or security deposits for commercial services. You may call us for electronic payment options, to make payment arra n g e m e n t s , o r for information on agencies to assist you in bill payment. If servi c e h a s b e e n disconnected, on the day of the service reconnection, be sure all app l i a n c e s a n d other electric devices are turned off. For additional home safet y t i p s , v i s i t www.sce.com/safety or you may call SCE Customer Service at 1-800-655-4555. Late Payment Charge (LPC) A late payment charge of 0.8% will be applied to the total unpaid balance on your account if full payment is not received by the due date on this bill (exc e p t f o r C A R E and state agency accounts). Disputed bills If you think your bill is incorrect, call us and speak with a custo m e r s e r v i c e representative, or If necessary, with a manager. If you feel unsatisfied w i t h t h e r e s u l t of such discussion(s), contact the CPUC, Consumer Affairs Branch b y m a i l a t : 5 0 5 Van Ness, Room 2003, San Francisco, CA 94102; or at www. c p u c . c a . g o v , 1-800-649-7570, TTY: 1-800-229-6846. include a copy of your bill, wh y y o u b e l i e v e SCE did not follow its rules and rates, and a check or money order ma d e o u t t o t h e CPUC for the disputed amount. You must pay the disputed amount, or s e n d i t t o t h e CPUC, before the past-due date to avoid disconnection. The CPUC acc e p t s p a y m e n t only for matters relating directly to bill accuracy. While the CPUC is inves t i g a t i n g y o u r complaint, you must pay any new SCE bills that become due. Electronic Fund Transfers (EFT) When you provide a check as payment, you authorize us either to use i n f o r m a t i o n from your check to make a one-time electronic fund transfer from your a c c o u n t o r t o process the payment as a check transaction. When we use informa t i o n f r o m y o u r check to make an electronic fund transfer, funds may be withdrawn fro m y o u r a c c o u n t as soon as the same day we receive your payment. You will not rece i v e y o u r c h e c k back from your financial institution, but the transaction will appear o n y o u r f i n a n c i a l institution statement. If you do not wish to authorize an electronic fund t r a n s f e r , p l e a s e call the 800 number on the front of your bill. Past due bills Definitions Your bill was prepared on April 4, 2017. Your bill is due when yo u r e c e i v e i t a n d • DWR Bond Charge: Bonds issued by the Department of Water Res o u r c e s ( D W R ) becomes past due 19 days after the date the bill was prepared. You w i l l h a v e 1 5 d a y s to cover the cost of buying power for customers during the energy crisi s a r e b e i n g at your new address to pay a bill from a prior address before your s e r v i c e w i l l b e repaid through this charge. terminated. SCE does not terminate residential service for non-paym e n t o f b i l l s f o r • SCE Generation: These charges recover energy procurement a n d g e n e r a t i o n other classes of service. Termination of electric service requires a Serv i c e C o n n e c t i o n costs for that portion of your energy provided by SCE. Beginning Apri l 1 1 , 2 0 1 0 , charge. If you are a residential customer, and claim an inability to pa y a n d p a y m e n t pursuant to CPUC Decision 10-03-022, Direct Access (DA) is again o p e n t o a l l arrangements have not been extended to you by SCE pursuant to SC E ' s f i l e d t a r i f f s , non-residential customers, subject to annual limits during a four yea r p h a s e - i n you may contact the California Public Utilities Commission (CPUC). period, and absolute limits following the phase-in. All residential c u s t o m e r s currently returning to Bundled Service may not elect to return to DA servic e . • CA Climate Credit: Credit from state effort to fight climate change. Ap p l i e d m o n t h l y to eligible businesses and semi-annually to residents. To change your contact Information or enroll in SCE's payment option, c o m p l e t e t h e f o r m b e l o w a n d r e t u r n i t i n t h e e n c l o s e d e n v e l o p e . Rules and rates SCE's rules and rates are available in full at www.sce.com or upon request. Change of mailing address: 2-03-649-2809 STREETS ; STREET NAME APARTMENT CITY STATE i 210 bdifjE - Direct Payment (Automatic Debit) Enrollment: 2-03-649-2809 thereby authorize SCE and my financial institution to automatically deduct m y monthly payment from the checking account as shown on my enclosed ch e c k , t e n calendar days after my bill is mailed. Signature Date To change your checking account information or to be removed from th e D i r e c t Payment program please call SCE at 1-800-655-4555. 1111 Energy Assistance Fund (EAF): I want to help people pay their energy b i l l t h r o u g h E A F . F o r I n f o v i s i t w w w . s c e . c o m / e a f or call (800) 205-8596. Round-up my bill to next whole dollar amount for EAF Add this amount for EAF $ . Select one box only and sign below for EAF: 111 I 1 Every Month 1 One Month only Every Month I One Month only HB -356-Item 20. - 50 SOUTHERN CALIFORNIA EDISON® Go paperless at www.sce.com/ebilling . It's fast, easy and secure. An EDISON INTERNATIONAL D Company RAINBOW DISPOSAL CO INC / Page 3 of 8 Service account 3-030-2001-43 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate: MISC-CHARGES Billing period: Mar l '17 to Apr 1 '17 (31 days) Added facilities $2,037.44 $2,037.44 $2,037A4 Subtotal of your new charges Your new charges HB -357-Item 20. - 51 RAINBOW DISPOSAL CO INC / Page 4 of 8 Service account 3-030-2001-64 Service address RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Details of your new charges Your rate: MISC-CHARGES Billing period: Marl 17 to Apr 1 17(31 days) Added facilities-estim Subtotal of your new charges Your new charges $303.75 $303.75 $303.75 HB -358-Item 20. - 52 SOUTHERN CALIFORNIA EDISON' Go paperless at www.sce.com/ebilling . It's fast, easy and secure. An EDISON INTERNATIONAL® Company RAINBOW DISPOSAL CO INC / Page 5 of 8 Service account Service address Rotating outage 3-031-6000-68 RAINBOW ENVIROMENTAL SERVICES 17121 NICHOLS LN Group N001 Compare the electricity you are using For meter V345N-000528 from Mar 2 '17 to Mar 31 '17 Your next billing cycle will end on or about Apr 25 '1; Total electricity you used this month in kWh 183,100 Electricity (kWh) Demand (kW) Reactive usage is 141,008 kVarh Capacity Reservation Level is 0.00 kW Maximum demand is 720 kW Reactive demand is 656 kVar Winter Season Mid peak Off peak Total 116,172 720 (Mar 29 '17 13:45 to 14:00) 66,928 720 (Mar 9'17 07:00 to 07:15) 183,100 Your daily average electricity usage (kWh) 7298 4865 2433 - 0 Mar'15 Mar'16 Feb '17 Mar'17 Usage comparison Mar '15 Mar '16 Apr '16 May '16 Jun '16 Jul '16 Aug '16 Sep '16 Oct '16 Nov '16 Dec '16 Jan '17 Feb '17 Mar '17 Total kWh used Number of days Appx. average kWh used/day 211,640 29 7,297 208,968 30 6,965 202,740 31 6,540 202,180 30 6,739 206,908 29 7,134 222,660 32 6,958 206,136 29 7,108 216,440 229,116 223,468 30 32 31 7,214 7,159 7,208 190,876 193,620 187,924 183,100 29 32 30 29 - 6,581 6,050 6,264 6,313 Details of your new charges Your rate: TOU-8-CPP Billing period: Mar 2 '17 to Mar 31 '17 (29 days) Delivery charges Facilities rel demand Energy-Winter Mid peak Off peak DWR bond charge Customer charge Power factor adj Generation charges SCE 720 kW x $18.34000 116,172 kWh x$0.01877 66,928 kWh x $0.01877 183,100 kWh x$0.00549 656 kVar x $0.55000 $13,204.80 $2,180.55 $1,256.24 $1,005.22 $303.25 $360.80 Your Delivery charges include: • $3,221.63 transmission charges • $10,771.73 distribution charges • S1.83 nuclear decommissioning charges • $1,928.04 public purpose programs charge • $1,303.67 new system generation charge (Continued on next page) (Continued on next page) Go paperless at www.sce.com/ebillina . It's fast FIAN/ nri ccari inn HB -359-Item 20. - 53 RAINBOW DISPOSAL CO INC / Page 6 of 8 Details of your new charges (continued) Energy-Winter Mid peak 116,172 kWh x$0.04579 Off peak 66,928 kWh x $0.03645 Subtotal of your new charges Huntington Beach UUT A26,069.91 x 5.00000% State tax V183,100 kWh x $0.00029 Your new charges $5,319.52 $2,439.53 $26,069.91 $1,303.50 $53.10 $27,426.51 Your Generation charges include: • -$31.13 competition transition charge Your overall energy charges include: • $237.11 franchise fees Additional information: • Service voltage: 12000 volts HB -360-Item 20. - 54 Year 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018* 2019* 2020* Residential Refuse Rate Adj with CPI Residential Actual Adj Res Rate CPI CPI Amt Rate $1.25 3.0% $ 0.04 $ 1.29 1.29 4.0% 0.05 1.34 1.34 4.0% 0.05 1.39 1.39 3.0% 0.04 1.43 1.43 4.0% 0.06 1.49 1.49 3.0% 0.04 1.54 1.54 -1.0% (0.02) 1.52 1.52 1.0% 0.02 1.54 1.54 3.0% 0.05 1.58 1.58 2.0% 0.03 1.61 1.61 3.0% 0.05 1.66 1.66 1.0% 0.02 1.68 1.68 1.0% 0.02 1.70 1.70 1.0% 0.02 1.71 1.71 2.0% 0.03 F-1.75 1.75 2.0% 0.03 1.78 1.78 2.0% 0.04 1.82 1.82 2.0% 0.04 1$ 1.85 *Reflects actual CPI from 2003 through 2017 and estimated 2% after. 4/3/201710:06 AMRefuse Rate Residential CPI Since 2003.xlsx HB -361-Item 20. - 55 City Hauler Rate Irvine Waste Management $11.49 Los Alamitos Republic Services (Consolidated)$12.59 Orange CR & R $12.95 Mission Viejo Waste Management $13.12 Cypress Valley Vista Services $13.28 Lake Forest CR & R $14.03 Rancho Santa Margarita CR & R $14.06 Laguna Hills CR & R $14.13 Westminster Midway City Sanitary District $14.75 Dana Point CR & R $15.99 Aliso Viejo CR & R $16.17 Tustin CR & R $16.19 Buena Park Edco (Park Disposal)$16.87 La Palma Edco (Park Disposal)$17.61 Laguna Beach Waste Management $17.64 Laguna Niguel CR & R $17.86 Costa Mesa CR & R $18.00 Seal Beach Republic Services $18.48 Fountain Valley (eff. 3/7/17)Republic Services (Rainbow)$19.11 Fullerton Republic Services (MG Disposal)$19.26 Brea Republic Services (Brea Disposal)$19.94 Stanton CR & R $19.95 Yorba Linda Republic Services $20.00 Santa Ana Waste Management $20.03 San Clemente CR & R $20.46 Huntington Beach (proposed 11/1/17)Republic Services (Rainbow)$20.57 San Juan Capistrano CR & R $20.65 Anaheim Republic Services $20.91 Villa Park Republic Services $20.96 La Habra CR & R $21.39 Garden Grove Republic Services $21.64 Placentia Republic Services (Placentia Disposal)$23.51 ORANGE COUNTY RESIDENTIAL TRASH RATES from HF & H Survey 10/1/16 HB -362-Item 20. - 56 1 PLEASE TAKE NOTICE THAT the City Council of the City of Huntington Beach will conduct a public hearing on June 5, 2017, commencing at 6:00 p.m. in the Huntington Beach City Council Chambers, 2000 Main Street, Huntington Beach, California to consider approval of the City's Residential Trash Collection Rate (Rate), including ratifying the methodology by which the Rate is calculated. The date and time of the public hearing is set not less than 45 days after the mailing of this Notice of the proposed Rate adjustment and ratification to the effected owners of record or tenants of each identified parcel upon which the rates and methodology are proposed to apply. Any interested person(s), including persons owning or renting property receiving City-provided refuse collection services may present verbal and/or written input to the City Council on the proposed Rate and methodology. The City Council shall consider all protests against the proposed Rate and methodology; however, only written protests of property owners and tenants shall be counted to determine whether a majority protest to the proposed increases exists. Ratification of the Existing Methodology The maximum residential refuse collection contract service charge paid to the hauling contractor as provided in the City’s Solid Waste Collection Franchise Agreement is based on a weighted Formula comprised of three components: 1. March to March Consumer Price Index for All Urban Consumers ("CPIU") in Los Angeles, Orange and Riverside counties established by the U. S. Bureau of Labor Statistics: 76%; 2. The fee per ton of landfill disposal: 16%; 3. The hauler's cost of Compressed Natural Gas (CNG) fuel: 8%. These adjustments shall be known as the Formula methodology. Recycling costs and Account Maintenance costs for billing, payment processing, accounting, customer services, and recycling education programs shall be reviewed and may be adjusted annually to reflect the annual percentage adjustment in the March CPIU, available in April each year. Proposed Rate Adjustment The Residential Trash Collection Rate has three components. 1. Refuse Collection and Recycling is equal to the compensation paid to the hauling contractor for trash collection, recycling, and disposal services. 2. Account Maintenance are the costs to the City of providing billing, payment processing, accounting, customer services, and 3. Recycling Education is the cost to the City of providing state- mandated recycling education programs. 1. Refuse Collection and Recycling Since the last adjustment in March 2015, the 2016 March CPI-U increased by 1.7%; the Orange County Landfill tipping fee increased by 0.18%; and the hauler's cost of CNG increased by 7.0%. The 2016 increase of $0.29 per dwelling unit per month for Refuse Collection and Recycling will be effective November 1, 2017. The Refuse Collection and Recycling adjustment for 2017 will be calculated using the Formula and methodology described above when all components are known. The 2017 adjustment increase or decrease for Refuse Collection and Recycling will be effective November 1, 2017. 2. Account Maintenance Since the last adjustment in 2003, the Account Maintenance portion of the Rate has increased $0.60, from $1.25 to $1.85 per unit per month due to increases in costs for providing the services. The Account Maintenance portion of the Rate will be increased over time by the following schedule: $0.20 effective July 1, 2017 $0.20 effective July 1, 2018 $0.20 effective July 1, 2019 2017Prop 218 Notice_Impo.indd 3 4/17/17 2:01 PM HB -363-Item 20. - 57 2 3. Recycling Education Recycling Education remains unchanged at $0.15 per unit per month. 4. Proposed Total Residential Trash Collection Rate Increase Effective Date Proposed Residential Collection Rate (per dwelling unit per month) July 1, 2017 $19.81 November 1, 2017 $20.10 plus/minus Formula methodology for March 2017 July 1, 2018 $20.30 plus/minus Formula methodology for March 2018 July 1, 2019 $20.50 plus/minus Formula methodology for March 2019 If approved, these rates will be effective as set forth in this Notice, and subject to adjustment in accordance with the above Effective Dates, Formula, and Indexes, and annually thereafter. The methodology for increases described above includes annual prospective adjustments reflecting changes in the consumer price index; however, the previously adopted methodology has not changed. Questions or comments regarding this Notice, or the proposed Rate or methodology may be directed to the Public Works Trash & Recycling office at (714) 375-5010. Written Protest Procedure: A property owner or tenant may file a written protest to the proposed increases in one of the following ways: 1. Through the United States mail. 2. Deposit in the utility bill drop box at Huntington Beach City Hall. 3. Hand delivery to the Huntington Beach City Clerk during normal business hours -Monday through Friday, 8:00 a.m. to 5:00 p.m. 4. Hand delivery to the Huntington Beach City Clerk at the date and time of the public hearing on June 5, 2017. Faxed or emailed protests will not be counted. Written protests must be received (not postmarked) by the Huntington Beach City Clerk no later than 3:00 p.m. on June 5, 2017, unless hand delivered at the date and time of the public hearing. Address written protests as follows: Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 Each written protest must include the name of the parcel owner or tenant, service address or assessor's parcel number for the parcel served, and the parcel owner's or tenant's signature. Protests must also clearly indicate whether the sender objects to the proposed Rate, including the methodology. No more than one protest per parcel will be counted. In the event of a majority protest, the proposed Rate including the ratification of the methodology shall not be adopted. A majority protest shall exist only if a majority of owners or tenants of the identified parcels submit written protests against the proposed Rate increase as well as ratifying the methodology to the City of Huntington Beach. For additional information, please call (714) 375-5010. No protests taken by phone will be counted. 2017Prop 218 Notice_Impo.indd 4 4/17/17 2:01 PM HB -364-Item 20. - 58 5/30/2017 1 Residential Trash Collection Rate June 5, 2017 Solid Waste Franchise •The city has a franchise agreement with Rainbow •The city has a franchise agreement with Rainbow Environmental Services (a division of Republic Services) for residential trash and recycling services •The Agreement provides a review and adjustment to compensation paid to Rainbow for its services effective annually on July 1. •Any increase or decrease due is calculated based on a formula provided in the Franchise Agreement HB -365-Item 20. - 59 5/30/2017 2 Solid Waste Franchise Formula •CPI Index for March – weighted 76% The Los Angeles-Orange-Riverside County index for All Urban Consumers from the U.S. Bureau of Labor Statistics the most local index availableBureau of Labor Statistics—the most local index available •Landfill Rate per Ton – weighted 16% The City’s contract rate with County of Orange-adjusted annually •Hauler Cost of CNG Fuel – weighted 8% Rainbow’s actual cost for natural gas, electricity and compression based on their March expense and converted to a per gallon equivalent The table demonstrates the formula calculation using 2017 data: CPI-U Landfill Fee per Ton Hauler’s CNG Fuelp 2016 247.87 32.96 2.06 2017 254.53 33.50 2.25 % change 2.68% 1.64% 9% weighting 76% 16% 8% % change X weighting 2.04% 0.26% 0.74% 2.04 + 0.26 + 0.74 = 3.04% increase Rainbow Compensation bd lh•Rainbow’s 2016 and 2017 contractual increases have been deferred to on or about November 1, 2017. The changes are tallied below. $0.29 2016 increase per formula $0.47 2017 increase per formula $0.76 Total Rainbow compensation increase for 2017 $18.21 Current Rainbow compensation $0.76 2016 and 2017 combined increases $18.97 Total Rainbow compensation to be effective on or about Nov. 1, 2017 HB -366-Item 20. - 60 5/30/2017 3 Refuse Fund •The Refuse Fund is the enterprise fund where the expenses of providing the service are paid and revenue is received from the residential customers •The objective is to have a balanced fund such The objective is to have a balanced fund such that any increase in expense should include a corresponding increase in revenue Refuse Fund •The billing, payment processing and account maintenance component of the rate has not changed for fourteen years In 2003, City Council approved a rate increase of $0.22, from $1.03 to $1.25 In 2011 a proposed increase was not approvedIn 2011, a proposed increase was not approved •As a result Fund revenue has not kept pace with expenses HB -367-Item 20. - 61 5/30/2017 4 Proposed Residential Rates •Increases are proposed to restore Refuse Fund •Increases are proposed to restore Refuse Fund health and to offset the increase in the hauler’s compensation •To restore fund health and offset the cost of billing, payment processing and customer service, a phased in increase of $0.60 from $1.25 to $1.85 is proposed $0.20 effective July 1, 2017 $0 20 effective July 1 2018$0.20 effective July 1, 2018 $0.20 effective July 1, 2019 •To offset the increase in Rainbow’s compensation, an increase of $0.76 is proposed effective Nov. 1, 2017 Proposed Residential Rates •To ensure fund health in the future, the proposed rate methodology to be ratified includes an annual CPI adjustment to city billing, payment and customer services as necessary to keep pace with expenses •If CPI had been applied annually to this component If CPI had been applied annually to this component since the last increase in 2003, the resulting fee would be equivalent to the increase currently proposed. HB -368-Item 20. - 62 5/30/2017 5 Summary of Proposed Rates •Effective July 1, 2017 increase $0.20 From $19.61 to $19.81 per residence per month. •Effective November 1, 2017 increase $0.76 From $19.81 to $20.57 per residence per month. •Effective July 1, 2018 increase $0.20 for account i l/i tt f lservices plus/minus contract formula •Effective July 1, 2019 increase $0.20 for account services plus/minus contract formula Notification and Majority Protest •The process for notification and receiving objections to proposed rate change is being followed as established for property related fees under Proposition 218 •Affected residential customers were notified by Affected residential customers were notified by mail of the proposed rate change and provided instructions on objecting to the proposed rates HB -369-Item 20. - 63 5/30/2017 6 Notification and Majority Protest •A majority protest of affected customers invalidates the proposed increase •As of April 1, 2017 municipal billing records there are 47,597 residences receiving residential trash servicestrash services •23,799 protests are required to invalidate the rates proposed Summary •City Council is being asked to adopt a resolution approving a schedule of residential trash rate increases commencing July 1, 2017 through July 1, 2019 •The increases are necessary to restore the Refuse •The increases are necessary to restore the Refuse Fund balance and to keep pace with the expense of collection and disposal services as provided in our contract with Rainbow HB -370-Item 20. - 64 5/30/2017 7HB -371-Item 20. - 65 3. Recycling Education Recycling Education remains unchanged at $0.15 per unit per month. 4. Proposed Total Residential Trash Collection Rate Increase Effective Date Proposed Residential Collection Rate (per dwelling unit per month) July 1,2017 $19.81 November 1, 2017 $20.10 plus/minus Formula methodology for March 2017 July 1, 2018 $20.30 plus/minus Formula methodology for March 2018 July 1,2019 $20.50 plus/minus Formula methodology for March 2019 If approved, these rates will be effective as set forth in this Notice, and subject to adjustment in accordance with the above Effective Dates, Formula, and Indexes, and annually thereafter. The methodology for increases described above includes annual prospective adjustments reflecting changes in the consumer price index; however, the previously adopted methodology has not changed. Questions or comments regarding this Notice, or the proposed Rate or methodology may be directed to the Public Works Trash & Recycling office at (714) 375-5010. Written Protest Procedure: A property owner or tenant may file a written protest to the proposed increases in one of the following ways: 1. Through the United States mail. 2. Deposit in the utility bill drop box at Huntington Beach City Hall. 3. Hand delivery to the Huntington Beach City Clerk during normal business hours -Monday through Friday, 8:00 a.m. to 5:00 p.m. 4. Hand delivery to the Huntington Beach City Clerk at the date and time of the public hearing on June 5, 2017. Faxed or emailed protests will not be counted. Written protetts-must be repei:ed -(not postmarked* the Huntington Beach City Clerk no later than 3:00 p.m. o ess handdeMte_cal f the date and time of the public hearing. Address written protests as follows: Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, CA 92648 Each written protest must include the name of the parcel owner or tenant, service address or assessor's parcel number for the parcel served, and the parcel owner's or tenant's signature. Protests must also clearly indicate whether the sender objects to the proposed Rate, including the methodology. No more than one protest per parcel will be counted. In the event of a majority protest, the proposed Rate including the ratification of the methodology shall not be adopted. A majority protest shall exist only if a majority of owners or tenants of the identified parcels submit written protests against the proposed Rate increase as well as ratifying the methodology to the City of Huntington Beach. For additional information, please call (714) 375-5010. No protests taken by phone will be counted. 2 HB -372-Item 20. - 66 V/..7-0y7 PRSRT STD US POSTAGE PAID HUNT BCH CA PERM/T #23 92648 City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 T17 P3*****.*** ****** ••NTOINFTT;7 P A P REV TR HIPP 9876 WEtl-T-E—RPVE—Ft=i5P FO TAI.IPP.AA 11L— CA 92708-7329 92708 11I_111111111111111(111111111111 HB -373-Item 20. - 67 Thank You, Judy Bookout Joseph & Judy Bookout 9092 Christine Drive H untington Beach, CA 92646 April 22, 2017 Huntington Beach City Clerk C/O Written Protest 2000 Main Street Huntington Beach, CA 92648 RE: Proposed Rate Increase & Methodology Dear City Council, I am OPPOSED to the proposed Rate Increase & Methodology and would like to ask the city council to NOT agree to increase our rates. We are being taxed too death already... HB -374-Item 20. - 68 t==t HB -375-Item 20. - 69 ---Ce--() Cry G )1-L Ms. Dee Tickelt 16672 Lucia t.o.ANTA CA.92/5, Huornigin Bch, CA 92647.5(337 )cI HB -376-Item 20. - 70 PLEASE TAKE NOTICE THAT the City Council of the City of Huntington Beach will conduct a public hearing on June 5, 2017, commencing at 6:00 p.m. in the Huntington Beach City Council Chambers, 2000 Main Street, Huntington Beach, California to consider approval of the City's Residential Trash Collection Rate (Rate), including ratifying the methodology by which the Rate is calculated. The date and time of the public hearing is set not less than 45 days after the mailing of this Notice of the proposed Rate adjustment and ratification to the effected owners of record or tenants of each identified parcel upon which the rates and methodology are proposed to apply. Any interested person(s), including persons owning or renting property receiving City-provided refuse collection services may present verbal and/or written input to the City Council on the proposed Rate and methodology. The City Council shall consider all protests against the proposed Rate and methodology; however, only written protests of property owners and tenants shall be counted to determine whether a majority protest to the proposed increases exists. Ratification of the Existing Methodology The maximum residential refuse collection contract service charge paid to the hauling contractor as provided in the City's Solid Waste Collection Franchise Agreement is based on a weighted Formula comprised of three components: 1. March to March Consumer Price Index for All Urban Consumers ("CPIU") in Los Orange and Riverside counties established by the U. S. Bureau of Labor Statisti 2. The fee per ton of landfill disposal: 16%; 3. The hauler's cost of Compressed Natural Gas (CNG) fuel: 8%. These adjustments shall be known as the Formula methodology. Recycling costs and Account Maintenance costs for billing, payment processing, accounting, customer services, and recycling education programs shall be reviewed and may be adjusted annually to reflect the annual percentage adjustment in the March CP1U, available in April each year. Proposed Rate Adiustment The Residential Trash Collection Rate has three components. 1. Refuse Collection and Recycling is equal to the compensation paid to the hauling contractor for trash collection, recycling, and disposal services. 2. Account Maintenance are the costs to the City of providing billing, payment processing, accounting, customer services, and 3. Recycling Education is the cost to the City of providing state- mandated recycling education programs. 1. Refuse Collection and Recycling Since the last adjustment in March 2015, the 2016 March CPI-U increased by 1.7%; the Orange County Landfill tipping fee increased by 0.18%; and the hauler's cost of CNG increased by 7.0%. The 2016 increase of $0.29 per dwelling unit per month for Refuse Collection and Recycling will be effective November 1,2017. The Refuse Collection and Recycling adjustment for 2017 will be calculated using theYFormulRiand methodology described above when all components are known. The 2017 adjustmerrincrea or decrease for Refuse Collection and Recycling will be effective November 1, 2017. — ' ) 2. Account Maintenance . ;71 Since the last adjustment in 2003, the Account Maintenance portion of the Rate has increased-$0 60 - from $1.25 to $1.85 per unit per month due to increases in costs for providing.the services. The Account Maintenance portion of the Rate will be increased over time by the following schedule: $0.20 effective July 1,2017 $0.20 effective July 1, 2018 $0.20 effective July 1,2019 1 HB -377-Item 20. - 71 sir?1.0.1A 27 APR PM ii r U.S. POSTAGE >> PITNEY BOWES ZIP 92683 CO 46° 02 •=1:4)1 P 0000347405 APR 27 2017 F IR ST CLASS r_v_H-22Jc'4I-.i>, ACCREDITED MANAGEMENT ORGANIZATION° th INTERPACIFIC Nir ASSET MANAGEMENT Ca113R E Lic.# 01073855 5505 Garden Grove Blvd., Suite 150 Westminster, CA 92683 (Address Service Requested) flz-•7 ' „2-i6iz)0 "AVa,„ z, 1.2_646 911010 i 0111110 put) $ 101111Wiiii 111 s HB -378-Item 20. - 72 c OBJECTION TO THE PROPOSED RATE INCREASE, INCLUDING THE METHODOLOGY. I, Maryam Sharifi, of 5021 Pheasant Circle, Huntington Beach CA 92649, object to the proposed Rate increase for the City of Huntington Beach Residential Trash Collection as well as ratifying the methodology by which the Rate is calculated. 5021 Pheasant Cir. Huntington Beach, CA 92649 Date: 04/24/2017 HB -379-Item 20. - 73 --Et:4441A J4 LJ Mar-yam Sharifi 5021 Pheasant Circle Huntington Beach, CA 92649 :Tea R,r1" 100T:0 ToA) ;-5/ CIPik C/0 VT-en) r40-7-ec-i- a000 1\4:0A çTe Zep c))) GA 915 ?tf "27, %sat HB -380-Item 20. - 74 Ms. Robin Estanislau City Clerk City of Huntington Beach 2000 Main Street, 2" Floor Huntington Beach, California 92648 6442 Harvard Circle Huntington Beach, Ca 92647 (714) 397-3724 April 27, 2017 Sincerely, /-147 Richard Flynn SAITIA trVi, 926 2-?..APR 2017 PIA I .-L OA, r d C ( .0(4 ejl kroare0400.' - s FO RE ,.1R • Dear Ms. Estanislau, Cr I am writing in response to your recent notice of public hearing regarding the increase in trash collection fees. I understand that there are certain legal requirements about the notice. The fee is going from something less than twenty dollars to fifty cents more than twenty dollars over a two year period. Even on a retiree's fixed income the increase is so far under the radar that it is not even worth worrying about. What is a bit concerning is the cost of the notice that you mailed to "Current Occupant" in Huntington Beach. The rate increase, which at best averages fifty cents per month, is about the cost of printing, stuffing and mailing your notice of hearing, in effect, the cost of the notice of hearing negates about one month of revenue from the rate increase. The real issue here is, "Why isn't Huntington Beach doing what our local utility bandits do concerning rate increase notices?" The local utility bandits enclose all of their PUC required notices with the monthly bill. ()\-) y) Es+kv\-1 IktA CL0-orb '2-000 Mbov, , 2,11-q)00)-- ) I QA- Ze HB -381-Item 20. - 75 .F,?: 5-43 --II:FYI , 3-.1 Mrs Chau Dang 5841 Hacienda Dr Huntington Beach CA 92647 Cqq- 0(--7 ,10,ea,61-e 1(1, 0 ir-da .1/.76 dd/r- /11(2 V , I 41, 5-.0 dqb2 k[f. 1 Co&ecti'oPi- - 1-1-• IA4)- D • q03 .0 LEgi< Ci r aEA(7.3L- 0 o Nur/ T. 244/9 oup 1.4-0-(v7 I 47-011/ z 7-1 ,2 6 1--/ HB -382-Item 20. - 76 ust be re une p, eiv ess hand deNereciat the . I (not postmarke City Clerk City of Hunting'ton Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 PRSRT STD US POSTAGE PAID HUNT. BCH CA PERMIT #23 92648 Ti7 p 3 ***************,,. ANTnINETTP P A P REV FR HIPP 9876 W FOLIN—fA EY CA 927087_329 92708 1.1 1 1 1-1 1.4 ii11111 1 1-1611 .1 .p.1 1 ,0111 1 1 11.11 1 . 3. Recycling Education Recycling Education remains unchanged at $0.15 per unit per month. 4. Proposed Total Residential Trash Collection Rate Increase Effective Date Proposed Residential Collection Rate (per dwelling unit per month) July 1, 2017 $19.81 November 1,2017 $20.10 plus/minus Formula methodology for March 2017 July 1, 2018 $20.30 plus/minus Formula methodology for March 2018 July 1,2019 $20.50 plus/minus Formula methodology for March 2019 If approved, these rates will be effective as set forth in this Notice, and subject to adjustment in accordance with the above Effective Dates, Formula, and Indexes, and annually thereafter. The methodology for increases described above includes annual prospective adjustments reflecting changes in the consumer price index; however, the previously adopted methodology has not changed. Questions or comments regarding this Notice, or the proposed Rate or methodology may be directed to the Public Works Trash & Recycling office at (714) 375-5010. Written Protest Procedure: A property owner or tenant may file a written protest to the proposed increases in one of the following ways: 1. Through the United States mail. 2. Deposit in the utility bill drop box at Huntington Beach City Hall. 3. Hand delivery to the Huntington Beach City Clerk during normal business hours -Monday through Friday, 8:00 a.m. to 5:00 p.m. 4. Hand delivery to the Huntington Beach City Clerk at the date and time of the public hearing on June 5, 2017. Faxed or emailed protests will not be counted. Written prote the Huntington Beach City Clerk no later than 3:00 p. o date and time of the public hearing. HB -383-Item 20. - 77 3. Recycling Education Recycling Education remains unchanged at $0.15 per unit per month. 4. Proposed Total Residential Trash Collection Rate Increase Effective Date Proposed Residential Collection Rate (per dwelling unit per month) July 1, 2017 $19.81 November 1,2017 $20.10 plus/minus Formula methodology for March 2017 July 1, 2018 $20.30 plus/minus Formula methodology for March 2018 July 1,2019 $20.50 plus/minus Formula methodology for March 2019 If approved, these rates will be effective as set forth in this Notice, and subject to adjustment in accordance with the above Effective Dates, Formula, and Indexes, and annually thereafter. The methodology for increases described above includes annual prospective adjustments reflecting changes in the consumer price index; however, the previously adopted methodology has not changed. Questions or comments regarding this Notice, or the proposed Rate or methodology Friay be directed to the Public Works Trash & Recycling office at (714) 375-5010. 1 1/7 A property owner or tenant may file a written protest to the proposed increa5es-ip14oef theirowin e'2)34(c 1. Through the United States mail. 2. Deposit in the utility bill drop box at Huntington Beach City Hall. Lb, 3. Hand delivery to the Huntington Beach City Clerk during normal business hours -Monday through Friday, 8:00 a.m. to 5:00 p.m. 4. Hand delivery to the Huntington Beach City Clerk at the date and time of the public hearing on June 5, 2017. Faxed or emailed protests will not be counted. Written protests must be received (not postmarked) by the Huntington Beach City Clerk no later than 3:00 p.m. on June 5, 2017, unless hand delivered at the date and time of the public hearing. _ Addrasg_writtan ways: City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 PRSRT STD US POSTAGE PAID HUNT. BCH CA PERMIT #23 92648 T17 P3****************AUTO -5-D1GIT 927081-0 HIPP 98,78-16/±1 FQ.U-NTAIN VALLEY CA 92708-7329 HB -384-Item 20. - 78 Questions or comments regarding this Notice, or the proposed Rate or methodology mA the Public Works Trash & Recycling office at (714) 375-5010. Written Protest Procedure: A property owner or tenant may file a written protest to the proposed i Arbrf )6follo ‘,91' ways: 1. Through the United States mail. 2. Deposit in the utility bill drop box at Huntington Mach City Hall: 3. Recycling Education Recycling Education remains unchanged at $0.15 per unit per month. 4. Proposed Total Residential Trash Collection Rate Increase Effective Date Proposed Residential Collection Rate (per dwelling unit per month) July 1, 2017 $19.81 November 1,2017 $20.10 plus/minus Formula methodology for March 2017 July 1,2018 $20.30 plus/minus Formula methodology for March 2018 July 1,2019 $20.50 plus/minus Formula methodology for March 2019 If approved, these rates will be effective as set forth in this Notice, and subject to adjustment in accordance with the above Effective Dates, Formula, and Indexes, and annually thereafter. The methodology for increases described above includes annual prospective adjustments reflecting changes in the consumer price index; however, the previously adopted methodology has not changed. 5. Hand delivery to the Huntington Beach City Clerk during normal business hours -Monday through Friday, 8:00 a.m. to 5:00 p.m. 6. Hand delivery to the Huntington Beach City Clerk at the date and time of the public hearing on June 5, 2017. Faxed or emailed protests will not be counted. Written protests must be received (not postmarked) by the Huntington Beach City Clerk no later than 3:00 p.m. on June 5, 2017, unless hand delivered at the date and time of the public hearing. Address written protests as follows: Huntington Beach City Clerk PRSRT STD US POSTAGE PAID HUNT. BCH CA PERMIT #23 92648 City Clerk City of Huntington Beach 2000 Main Street, 2nd Floor Huntington Beach, California 92648 eTo T17 P3*********"'"AUTO**5-DIG IT 92708 876 =AIN VALLEY CA 92708-7329 HB -385-Item 20. - 79 04/24/2017 2011 MAY ---L Pi 121 39 C 1:1- Subject: Protest Rate adjustment for trash collection - ' Service Address: 5181 Pearce Dr, HB, CA 92649 Parcel# 146-233-75 To whom it may concern I Youssef G. Sobhi owner for property on 5181 Pearce Dr., HB, CA 92649 WILL BE EFFECTED by the proposed increase in the attached letter and as shown on trash rate increase on page 2 under item 4 proposed table. This increase will effect financially on myself and my family, therefore I PROTEST the proposed rate adjustment for trash collection rate in its entirety. Should you have any questions please don't hesitate to contact me by e-mail at ysobhi@hotmail.com Or by phone at 7148427168 or by mail to my above mentioned address. Sincerely, Youssef G. Sobhi Owner of 5181 Pearce Dr. HB, CA,92649 Y14 cosse:p g bi51 Pedia Or q16.C(q SANTA ANA MAY :7,917 PM? 1- at,,Oeik cio (0,:tre, Ratesr A000 /14;b, OJ q9-64/ 111111,1 ,n p 1111 I 1 11 ,1,111 HB -386-Item 20. - 80 2017 MAY -14 :12: 39 5/1/2017 Albert E Ross 8111 Falmouth Drive Huntington Beach, CA 92646-2015 Huntington Beach City Clerk C/o Written Protest 2000 Main Street Huntington Beach, CA 92648 Reference: 1) Assessor's Parcel # 153-024-52; 2) HB City Clerks Notice of Public Hearing (undated) for City's Residential Trash Collection Rate approval of Increase I am submitting a written protest in advance of your consideration for increasing the City's Residential Trash Collection Rate for CV 2017. • First of all the public is not well served by the lack of the real explanation /description of The City's Solid Waste Collection Franchise Agreement which was neither provided in your City Clerks Notice of Public Hearing found in reference (2). To that end, the formula for methodology of determining if a rate adjustment is unexplained and fails to provide sufficient detail to understand any algebraic calculations that could aid in understanding any methodology. This omission or disregard is clearly leading to misunderstandings and confusion in the Publics ability to understand how proposed rate changes are justified. • Nowhere in your confusing methodology is there any hint of provisions to account for "Orange County Landfill tipping fee" increases? Why is this relevant to the Proposed Rate Adjustment criteria of reference (2) subparagraph 1? • Regarding CNG increases, when the Trash Collection was started under the latest agreement, we were told that cost saving would accrue from separated trash collection. We now have three separate trucks collecting trash with the implied use of more fuel and fewer employees working each truck. Where are the savings that were to be passed on to the Public as a result of this trash collection methodology for collections? • All that we the Public see are requests to increase fees and taxes without any counter proposed methods of increasing savings. It would seem proposing public savings has escaped intuitive logic and your role as the Public's "Gate Keepers" for taxation. • I furthermore, I find it "absolutely incredulous" that The City's Solid Waste Collection Franchise Agreement has a provision for Agreement Cancellation that could take more that decade to fully terminate the Agreement. This provision is Out-Sync with reality and prudent judgment on behalf of the Citizens of Huntington Beach. You should ask the City Attorney to make this provision null in void and replace it with a more reasonable Agreement provision during the time rate increases are being considered. HB -387-Item 20. - 81 • • On...00 Albert E Ross Rosemarie T Ross 8111 Falmouth Dr. Huntington Beach, CA 92646-2016 926 ri? .Y-2rrl 7 PMZL USA FOREVER elo \A) 1'-n-( ..2.,013 0 V1A-11,k STKE.'",5-7- \Arkkt-L--cl "ZEA-ulr c-kaSokW HB -388-Item 20. - 82 2011 MAY F:112: 39 5 April 30, 2017 City Clerk Huntington Beach 2000 Main Street, 2 nd Floor Huntington Beach, CA 92648 RE: Trash Collection Increase To Whom It May Concern: I live at 19581 Seagull Ln HB CA. I'm sending this letter to protest the rate increase proposed by your letter I received on 4/27/2017. I'm a single female living at this address and my trash is considerably less than a normal household in the city. I think a better Methodolgy would be based on the number of people living at a residence. Sincerely, Claudia K Roeland :SAJSCIP'1: ;ANA OA 926 • "MAY 17 -;i1) Huntington Beach City Clerk C/0 Written Protest 2000 Main Street Huntington Beach, CA 92648 c Claudia Reeland 19581 5eago111..u. Huntington Bch, CA 92648-3034 HB -389-Item 20. - 83 April 28, 2017 Huntington Beach City Clerk C/0 Written Protest 2000 Main Street Huntington Beach, CA 92648 RE: 9291 Greenwich Drive After review of your two page lengthy letter that basically says "we want to raise your cost to the trash collecting company and the city to mail statements" I took a closer look at the details of the city methodology and this is my written protest against the methodology AND rate increase. The methodology of using CIDIU from the Bureau of Labor Statistics is absurd. These stats are based on consumers not households, for goods and services used. Additionally, the company picking up the trash, sorting it, hauling it to the landfill, reselling and reusing it or anything else they do is their cost of doing business. The percentages fisted in the letter are not verifiable but total a tidy 100%. A smarter recommendation instead of asking for a "raise" from every household in the city would be for the City of Huntington Beach to reduce city employee overhead, combine departments, streamline your internal processes, shop competitive waste management companies, renegotiate the contract in the city resident's favor and implement cost cutting measures overall. The city solution is always a price increase on behalf of the trash company — easy way out. Recycling education is on the trash company website as well as taught in all levels of education, media campaigns, etc. We don't need to pay for this from the trash company or the city or anyone else completely unnecessary and another way to pad our bill. Unfortunately, most people will throw out the letter received as its too long, looked like junk mail and loaded with circle talk. Since e-mail and faxes won't be honored and hand written or typed letters have become virtually extinct for many in our immediate action and gratification society, the city has intentionally minimized the response rate and I object to your response method of protest as well. Using a dedicated fax machine number and an e-mail address would streamline this process. STREAMLINE YOUR PROCESSES, cut waste, reduce overhead, eliminate unnecessary positions, and if7expenses I HB -390-Item 20. - 84 .v.i'6, ...ige"t-,...,.. '''..,,...: I: .. . .. - . . ',:1".'"'".1 • •••n•• USA FOREVER 0-4r1" •kilt:•14:nVA.:? E" q`4 ;,:••? • Huntington Beach City Clerk C/O Written Protest 2000 Main Street Huntington Beach, CA 92648 92.; G4 27 E.:39S V. Young 9291 Greenwich Drive Huntington Beach, CA 92646 HB -391-Item 20. - 85 /-t(y4a Y S2 E. 4 Et- 1 111111i1ii i JII H i hill hp PJIJ ]]IPP 1 tIII ju i Carol Segar 21441 Seaforth Lane Huntington Beach, CA 92646 77Z, Huntington Beach City Clerk 4.) do Written Protest 2000 Main Street Huntington Beach, CA 92648 City Clerk, I object and do not agree with the proposed rate increase and the methodology, as it is a sizable increase. Homeowner Carol Segar 21441 Seaforth L Huntington Beach, CA 92646 Parcel number 148-086-16 Carol Segar 2144] Seaforill Lo Huntington Beach, CA 92646-7042 • .9e7/7 HB -392-Item 20. - 86 M Jack Brooks 8851 Seaspray Drive Huntington Beach, CA, 92646 May 1, 2017 Huntington Beach City Clerk c/o Written Protest . 2000 Main Street Huntington Beach, CA 92648 Dear City Council & City Clerk: 1, M Jack Brooks, am the owner of 8851 Seaspray Drive Huntington Beach, CA 92646. I OBJECT TO THE PROPOSED RATE INCLUDING THE METHODOLOGY. Thank You, /-7 M Jack Brooks 1)) AGo l-rs g?si seAs7,4y 4 114 vATT IN 6 -70 A 7 6)c A, °A C I A 6'Y 6 LIS C 44,A- % Cv/i-7t--/i/tQo 000 AIN Cc err* /1( VfV7 a-nrO /1/ f4 CP) e- 9 2 6Ye • HB -393-Item 20. - 87 S-1-7 ct,,f t4f? Cet-i 1 13_o_eLEIL • Jfl 7}1 . HB -394-Item 20. - 88 UWate27,0990,80 13=0:11. o Y'o 6.„ I i,1-11, • 24 APR. •PNI HB -395-Item 20. - 89 • SANTA ANA • CA 926 .01 MAY '17 • Pivi 1,...S PO,‘7. -V' -4 , : 4,9 z n ' 02 1P MAILED FROM 00000011998800447711 Id Bra Estill 18546 Pueblo Cir. Huntingtn Bch., CA 92646 , TE, April 30, 2017 City Clerk Huntington Beach 2000 Main Street, 2 nd Floor Huntington Beach, CA 92648 2E1 M.Y RE: Trash Collection Increase To Whom It May Concern: I live at 18546 Pueblo Circle HB CA. I'm sending this letter to protest the rate increase proposed by your letter I received on 4/27/2017. I'm a single male living at this address and my trash is considerably less than a normal household in the city. I think a better Methodolgy would be based on the number of people living at a residence Sincerely, Brad W. Estill Huntington Beach City Clerk C/O Written Protest 2000 Main Street Huntington Beach, CA 92648 92 E.1 ,-;27 9 Ililqih1111101103111Pid"liPiAlialli)n) HB -396-Item 20. - 90 20i1 MfY -3 E:: 1O: 0 I Sincerely, haion L. Sarquilla-Mills Roy R. Mills 15522 Pelican Lane Huntington Beach, CA 92649 - CA, 925 01'f,IAY '17 A-V1004kerktY\ ROY ANP Si-4 .ARrN MiLl '5 :15522 Ni—C,A,N LANE HUNTNGTON r3EACH, CA 9264E.) April 27, 2017 Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, CA 92648 RE: Protest Objection of Proposed Trash Collection Rate Increase and Methodology I am filing a written protest to object to the proposed fee increases for both the Residential Trash Collection Rate Increase, including the methodology. The fees should not be increased. FOREVER _ 1 2-0-0-0\ C-LA-0-1Stfk 9 u)K-a--kcy, 00iA\_1-v(y, ?Dui& cA crzl_o/W :-.792 4 8 ,-27 63 ci;:zE lb 1 1 1 1 0 t #1, I Ill ) i j I, HB -397-Item 20. - 91 E l • 2017 HAY -9 PH 3: 08 May 2, 2017 Huntington Beach City Clerk do Written Protest Reference: Memo from City Clerk re change in Residential Collection Increae This is a Protest Letter in response to the referenced memo. Rainbow is asking for a rate increase based partly on the CPI. We retired people have been denied a CPI increase for years and live essentially on a fixed income. We think Rainbow should look into savings costs just as we have to do and make do with what assets they have. 2c. cl-6/ -7-(467/ Raymbnd Zajac Emily Zajac 9072 Nigul Circle 92646 Emily & Raymond Zaja " 9072 Niguel Cir Huntingtri Bch, CA 92646-7842 'SAWA>. AMA. c.'926 r13 RAY 2A:11Y -P14 t 1-4 11.10 ce,., r7)' 742' r HotLi-i).k147 -0)-1 40(-4 0.1 ,1111 ,11 ,11 ,111w iH 1 HB -398-Item 20. - 92 Craig Chi 8662 Masters Drive Huntington Beach, CA 92646 May 01, 2017 2011 By n!. 1 I ud Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern; I am writing to protest the proposed increases to the trash collection rates. I am the owner of the home at the following service address: 8662 Masters Drive Huntington Beach, CA 92646 This address is also referenced as Parcel Number 151-562-05 I OBJECT to the proposed trash collection rates Regards, HB -399-Item 20. - 93 Craig N. Chi 8662 Masters Dr. Huntingtort Beach, CA 92646 SANTA ANA CA 926 ..03 MAY 2017.RM 2 t. Eeq -41--1-7- 4rk C./0 U,) ,44 Prc.)4-c-__g 0 op "fel Er a. HB -400-Item 20. - 94 - '.1c-N.A.NTA -ANA :CA 926 • 01 MAY. 2017 PM 2 1. R EC 05/02/17 2017 MAY -9 PN 3:08 Peter Cifelli 19912 Isthmus Lane CITY Huntington Beach, CA 92646 Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern, I own the property in Huntington Beach as follows: 315 Coral Reef Drive Unit 14, HB, CA 92648 and am protesting the rate change of the City's Residential Trash Collection Rate and the methodology for the property address. 4 Sincerely,________ Peter Cifelli ?,27Vew L vvu,16 Lc,kr,e, 9)..14.(0 • -44^ ae,0 Ci L/1 &Ail/ • 644 HB -401-Item 20. - 95 2N1 MAY -9 PM 3:08 05/02/17 Peter Cifelli 19912 Isthmus Lane Huntington Beach, CA 92646 Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern, I own the property in Huntington Beach as follows: 19912 Isthmus Lane, HB, CA 92646 and am protesting the rate change of the City's Residential Trash Collection R a t e a n d t h e m e t h o d o l o g y for the property address. Sincerely, Peter Cifelli Aw Crc e/V\, .s.,..ApyrA ANA CA 926 _I-c-A.vv1.0,5 Lc, MA'Y 2017 PM 2 L " 61).1 Clz/14 HB -402-Item 20. - 96 Huntington Beach City Clerk C/C) Written Protest 2000 Main St. Huntington Beach, CA 92648 Sheila Gee 18857 Milos Circle Huntington Beach, CA 92648 May 5, 2017 To the Attention of Huntington Beach City Clerk: I, Sheila Gee, owner of the property at 18857 Milos Circle, Huntington Beach, CA 92648 protests against the increase in the trash collection rates because City Council failed to negotiate a contract that was competitive but written in the favor of Rainbow. Additionally, signing a 10 year or longer contract which I forgot the exact contract details of, was irresponsible. Moreover the proposed increase isn't being fiduciary responsible for the following reasons: 1. CPI-U according to online historical data for March 2015-March 2016 was not 1.7% but .85% 2. Demand for CNG has been decreasing as well as the overall cost of living. Thus to claim a 8% hauling increase doesn't correlate with any inflation numbers in any factual manner 3. Increasing account maintenance 48% for a 15 year period from 2003 to 2017 is an outrage! If City Council properly addresses the golden parachute pensions then the increase of cost will be controlled and not pass off to the citizens of Huntington Beach. This computes to —3.2% annually. Inflation was not 3.2% over this 15 years period. The fundamental problem is the individuals responsible for changing the pension contracts written when life expectancy was —67 years of age have personal vested interest to retain status quo. Who would voluntarily reduce the benefits which they are recipients of or increase their personal self-contributions to fund their own retirement pensions? Everyone complains about white collar corruption and this is classic illustration of how it takes place. The rich and educated complain about lower-class entitlements; look in the mirror, civil servants and politicians are working the system in their favor too; but have the benefit of writing them into law to make them "legalized crime." In summary, I know my protest will go nowhere since the way the increase was announced by the city, abstaining from any increase is driven by majority count of protest vs. non-protest received in writing. Therefore, this was distinctly written in the favor of passing knowing how complacent society is Sincerely, Sheila Gee HB -403-Item 20. - 97 Sheila Gee • 18857 Milos Cir. Huntington Beach, CA 92648 Place Stamp Here Post office will -not deliver this envelope unless stamped PH Et: 37 H C))-1 Ckr K Pro v2_60i0 •H,hr)\-- 3 CIN CA' CITY PLEASE ENSURE ADDRESS SHOWS HERE HB -404-Item 20. - 98 P ri 2011 MAY ID PH [I: 32 Gerald O'Connell , 19862 Saltwater Circle Huntington Beach, CA 92648 '`)P1I -ING May 7, 2017 To: Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 Dear Huntington Beach City Clerk, My name is Gerald O'Connell and I live at 19862 Saltwater Circle, Huntington Beach, CA 92648. object to the proposed residential trash collection rate increase and the ratification of the methodology. Gerald O'Connell 49 a c----W---(a)4---7-64z Cifice257: (A)--(froe---roft) qd-Z343 Nem ro672-7-0.4/ ()&523q/46/-71/ CLLs -A•t' 6/6 (6,4417(7' 6P-A) 137Q67e-s --t /iI24-c et) ,&Y/teP-e5 6119/077A)a-21.54-3 C.61P4c7 / /([ 616167 HO ' HB -405-Item 20. - 99 2011 MU I I From the desk of the residents at: 8442 Seafrock Dr, Huntington Beach, Ca 92646 April 27, 2017 Huntington Beach City Clerk / Manager c/o Written Protest 2000 Main Street Huntington Beach, Ca 92648 Dear City Clerk/Manager, Attached we have put together a brief paper to explain and support our opinion of the proposed rate adjustment for Trash collecting. It is not the insignificant cost that is the problem, it is the effect the vehicle may have on our health. It does seem that the natural gas use is still headed in the wrong direction. We as a leader in politics need to not use unsafe mechanisms to touch the lives of the residents of our city. Please read on... (the following pages). This written protest is not heard until all involved with the city workings are clear on the information contained herein. Sincerely, 842 Seah -ock Drive HB -406-Item 20. - 100 a response to the city Waste collecting proposed rate change Gasoline vs. Natural Gas powered vehicles: DETAILS and FACTS Combustion of one cubic meter yields 38 MJ (10.6 kWh). Natural gas has the highest energy/carbon ratio of any fossil fuel, and thus produces less carbon dioxide per unit of energy. Energy/carbon ratio here is what coined the term "carbon footprint". A high carbon foot print is worse for the environment because it means low CO2 release per weight. So resources that are at a low CO2 level are safe when contained, not used. CO2 is good for the atmosphere because trees use it and convert it to clean oxygen in their respiratory cycle. That is the only way we get more Oxygen. How did we get so far off track to actually change our customs and norms to include the opposite of what is healthy for us? In this way, we bypass our good imports and pass them along as the lack of oxygen and CO2 draws in more like elements; the waste and toxins. Chemical composition The primary component of natural gas is methane (CH4), the shortest and lightest hydrocarbon molecule. It may also contain heavier gaseous hydrocarbons such as ethane (C2H6), propane (C3H8) and butane (C4H10), as well as other gases, in varying amounts. Hydrogen sulfide (H2S) is a common contaminant, which must be removed prior to most uses. H2S is commonly found in analysis of a fuel. In actual combustion (the engine using the fuel when running) it is used up so the toxins aren't released in sufficient quantity to cause problems. A system that removes sulfur will leave H2S as a byproduct while the Sulfur attaches to a Hydrogen not wanting to be removed, then you have less Hydrogen to bind to form water. We prefer heavier hydrocarbons like gasoline because they are more easily contained and stable, and they, again, burn with minimal toxic effect, but noticeable as they are heavier but still aromatic. Natural gas vehicles are popular in regions or countries where natural gas is abundant and where the government chooses to price CNG lower than gasoline. [71 The use of natural gas began in the Po River Valley of Italy in the 1930s, followed by HB -407-Item 20. - 101 New Zealand in the 1980s, though its use has declined there. At the peak of New Zealand's natural gas use, 10% of the nation's cars were converted, around 110,000 vehicles. [7] In the United States CNG powered buses are the favorite choice of several public transit agencies, with a fleet of more than 114,000 vehicles, mostly buses. India, Australia, Argentina, and Germany also have widespread use of natural gas-powered buses in their public transportation. This statement makes it clear to me that using natural gas is not what keeps America a Superpower. We are known for gasoline and cars, it's the American way. Also, incidentally it turns out it's the link to a natural resource supply conducive to life on Earth. Gasoline, fuel oil, crude oil and chlorine all tested for spec, gravity at only the Fahrenheit scale not Celsius. This tells me, theoretically, that we don't keep developing new products from the tried and true products / elements /resources that are in the condition they are best used at. So to develop fuel from natural gas is against this principle. It is best use to create a flame to cook with. To not use it would be equally wasteful as it is naturally produced from the processes that give us electricity, and other things we use everyday. So if we all converted to wood burning ovens we would have a buildup of natural gas that would drive us all to stop using lights and other things of convenience. SUMMARY and CONSIDERATIONS The oil industry has always had a volatile market — we burn it to purify it then burn it as fuel, so no wonder. But companies are rarely dedicated to the cause when attention is drawn away from quality and towards the volatility of the market. They may make decisions based on the best option for their family, or the company as a whole but the best decision to just let the hype HB -408-Item 20. - 102 and pressure die out is often not made in the face of a buy out or partnership with someone who wants to handle the difficult stuff. it would say it worse to leave your name on a company or still with your hands in it then to just sell it when you clearly have lost interest in it. It doesn't serve anyone to have major players in the mix who actually don't care about the details like safety and the people who work in production and the end-users, also the long -term trajectory of the materials, by products, etc. Long standing companies may hire another fleet of employees as an attempt to demonstrate some change in response to the market volatility scare, obviously they are not considering their employees best interest or the communities within which their products are sold. Label changing alone can impact a product to the detriment of the user. I think that if we just use a higher octane rating and not the compressed gas powered vehicles we would at least have a clean burning fuel that burned within the spectrum of organic earth elements. The cryogenic and Compressed gas vehicles burn undetectable to measuring devices, but they release a more widespread element that is not conducive to life on Earth, but rather in space — as that is the only place things not conducive to life on Earth can go. I believe the idea that you burn gasoline it goes back into the Earth so burn natural gas and you return it back below ground is faulty logic. Oil contaminates the Earth, thus used oil regulations, etc. It will get into the dirt, or make tar spots (think the rainbow of oil in a rain puddle on the asphalt). It actually doesn't go back to the reserves or stores. This would likewise indicate that the undetectable by products would first be in the local atmosphere before it goes out to space (if it ever gets to be an inert gas, but our solar panels will suck it back before it is released to space to be useful). So then where does it come from; the oil and the natural gas? It seems that before we get worried about it it was being replenished in the amount needed seemingly effortlessly. I believe it comes from God. Other cultures that readily accept this idea in a more practical way may be toying with our known ignorance and awed disbelief at such an idea in such a way that the very nature of the dollar bill as said on it "In God We Trust" is made to fluctuate whenever someone from another country wants to return to their original sentiment that America is to blame. I'm sure they thought coming here would give them more freedom, but when that is lacking or others seem to be getting something better they may lose their gratitude and instead seek more just to have more than the other guy. It is the job of the American people to be the HB -409-Item 20. - 103 good example of gratitude for life and what we have, and the government's job to give us enough money to meet our needs as per the cost of living and household size. So simple, but just not quite working yet 200+ years later. I think the message is yes we made some stupid choices. Yes we probably put the American people (ourselves) in danger. But fix it, stop it, and no one will be angry. It's not about the money, it's about the resources. When we relax and let things be before reacting we see that things level out (like resources) more naturally and healthfully. When we get pressured and immediate results are demanded we are up against a n impossible situation when it comes to these kinds of things, and we often make Utilitarian decisions that cause harm down the line. The compressed natural gas-powered vehicle sounded like a good idea, and the hydraulic lift mechanism on the waste collecting trucks seemed to be in need of a better mechanism. But the "fall out" -like sentiment in the air surrounding this new process is not healthy and is more upsetting to residents than the noise of the old ones — the noise is loud, but it gets quieter as it goes farther from your house. The natural gas powered ones have a lingering presence plaguing people's minds who bother to notice. As we begin to phase back to the old fuel consumption process, my biggest fear is the possibility of repeating the mistake later because it wasn't accurately documented. WE sometimes document these things in a way to minimize the fault, or just stay neutral. WE don't help anyone by doing that. It's better to fully accept it, feel the consequences, and dedicate yourself in some way to making sure it doesn't happen again. Leaders don't run from responsibility and accountability, they face it. That is the only way to get it to be remembered in case it is about to recur. In this way, we learn to trust ourselves over time, and even dare I say trust God to do his part — a world with the Footprint" he intended it to have. HB -410-Item 20. - 104 FOREVER SA NTA A NA CA 926 •09 MAY '17 -PM .1 AJR- QL(Di.-C 1 UNITEO STATES POSTAL SEP VICE*. C(01 C- C, 0\APV\1- L71-eA/N. 9 000 M2Avv\ Sileo) Cr ct 9.u2L-t 'hi PI n)d 'HI d q ihi ,Hlu Hulp di4 HB -411-Item 20. - 105 Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, Ca. 92648 ED 2017 MAY 24 PM 2: [43 crry -CLL CrlY IT.P-1nHGTOH !PI= Re: We, Huntington Beach Citizen protest the proposed Rat2 including the ratification on the methodology. Name (f rst and last of owner(s) or tenant (s): A iz- Obtias Address (own or rent):72 AATiyi /0E-5-0 coo c_ 1,14-Fib e ,c) Atz-4c_1(/ 44 9Agy e Sincerely, (Your signature) gxemi oickuis- /ke5 --E, Co A1I& gopo-A1 -6 764 11 %I2 (if Air/Po-Tod &c,4 dry c/o aP(7-7--6ki . ,2,0(,0 m714/ 97-77- 45601) dn. ge6e HB -412-Item 20. - 106 .111'42914 22 MAY 201,7 PM 3 1. Stephen Thornton 18870 Coolwater Lin. Huntington geach, CA 92048 O_A- - R F r, 2011 MAY 2 PH 2: 43 May 22, 2017 1., CiTY OF T Huntington Beach City Clerk cio Written Protest 2000 Main Street Huntington Beach, CA 92648 Re: We, my wife and I, protest the proposed Rate Increase for residentian trash collection including the ratification on the methodology. We prefer to keep our hard earned money so we can spend it downtown on Tuesday nights. Stephen L. Thornton (owner) & Margo Anne Thornton 18870 Coolwater Lane Huntington Beach, CA 92648 Sincerely, %\r\A) -Lutik CI fit+e N_(»-Vest .lco mcco--) HB -413-Item 20. - 107 Thank you for allowing us to continue contuc.tinu you yla orro!” Deadline for your mail will be count wilt be May 25, 2017 Or hand deliver to Huntington Beach City Clerk 2:00 PM sharp on June 5,2017 Huntington Beach city sent mail, to everyone homeowners or tenants, that we received on April 27, 2017. City requests that you have to respond this letter or they will have Residential Trash Collection Rate including the ratification of the methodology increase again. IF YOU WANT YOUR WORKING HARD MONEY KEEP IN YOUR POCKET, for YOUR FAMILY, YOUR CHILDREN PLEASE FOLLOW THE CITY OF HUNTINGTON BEACH REQUEST: Name (first and last of owner(s) A or tenant _ L., $ l- (s): Address or .491 rent): SIMPLY PRINT OUT AND FILL AND SEND THIS FORM AS SOON AS POSSIBLE TO: Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, Ca. 92648 Re: We, Huntington Beach Citizen protest the proposed Rate including the ratification on the methodology. Sincerely, (your signature) PS: please give or email the form to your neighbors as many as we can to reach 150,000 Huntington Beach Citizen for our voice to be hear. HUNTINGTON BEACH CITIZEN RESPOND TO CITY OF HUNTINGTON BEACH REQUESTS Ni tin 24 iV 53 This message was sent to ebriones@socal.mcom from: Ernaa Marketing by Damon Kubas F cikubas@elitehea.com I Elite Property Services I 3941 S. Bristol Si. Ste, 61Contact D-285 I Santa Ana, CA 92704 10Y roR Unsubscribe Page 2 of 2 HB -414-Item 20. - 108 Mi Chet errill 19701 Coaddine Lane, Hantington Bench, CA 92648 2.[I11 ril'.k‘f 23 F'11 TeL 714-906-3710 HB bine@ard.cont Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, CA 92648 Friday, May 19, 2017 To whom it concerns, I am writing to protest the "Proposed Residential Trash Collection Rate Increase including the methodology". My name is Michelle Ferrill, I five at 19701 Coastline Lane, HB, CA 92648. I have done what I can to reduced my trash output. I have reduced from 2 "trash" receptacles to 1 with 1 recyclable receptacle. I use the smallest receptacles that is offered. All our "green" is collected by our gardening service. You offer nothing to people who reduce or have less output, other than to "increase" the rate. I am opposed to this increase. Respectfully, Michelle Ferrill HB -415-Item 20. - 109 kao," itl10 Michelle Ferrill L9701 Coastline Lane, Huntingten Beacb, CA 92648 Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 HB -416-Item 20. - 110 Co C. j 0- CL 79°V .4/7k9c1 /ver-,,/v/-44/7 /Y7 ktiP721___ a59/ 5--qvc71% 3 —17(77 ./sr-17 HB -417-Item 20. - 111 igkiA4e'/‘-e-44- HB -418-Item 20. - 112 47/ 2? 7e2;(_)-`.7S /494/4 2-7, 2-e/7 e-e-e4 dAe -c) 5d A Sat/el C i/o/wi,47 -oid 163r-1 /geetz.-0-- /9-_(---z2.541‘ HB -419-Item 20. - 113 77 /47 f-ei9157 1-2?/65. HB -420-Item 20. - 114 2G11 MAI I 9 PH 1: 140 Gene Marchioni P.O. Box 1.; '?8 Huntington Beach, CA 92647 May 8, 2017 Huntington Beach City Clerk C/O Written Protest 2000 Main St. Huntington Beach, CA 92648 To the Attention of Huntington Beach City Clerk: Eugene Marchioni, owner of the property at 18864 Milos Circle, Huntington Beach, CA 92648 protests against the increase in the trash collection rates because City Council failed to negotiate a contract that was competitive but written in the favor of Rainbow. Moreover the proposed increase isn't being fiduciary responsible for the following reasons: 1. CPI-U according to online historical data for March 2015-March 2016 was not 1.7% but .85% 2. Demand for CNG has been decreasing as well as the overall cost of living, Thus to claim a 8% hauling increase doesn't correlate with any inflation numbers in any factual manner 3. Increasing account maintenance 48% for a 15 year period from 2003 to 2017 is an outrage] If City Council properly addresses the golden parachute pensions then the increase of cost will be controlled and not pass off to the citizens of Huntington Beach. This computes to -3.2% annually. Inflation was not 3.2% over this 15 years period. The fundamental problem is the individuals responsible for changing the pension contracts written when life expectancy was -67 years of age have personal vested interest to retain status quo. Who would voluntarily reduce the benefits which they are recipients of or increase their personal self-contributions to fund their own retirement pensions? Everyone complains about white collar corruption and this is classic illustration of how it takes place. The rich and educated complain about lower-class entitlements; look in the mirror, civil servants and politicians are working the system in their favor too; but have the benefit of writing them into law to make them "legalized crime." In summary, I know my protest will go nowhere since the way the increase was announced by the city, abstaining from any increase is driven by majority count of protest vs. non-protest received in writing. Therefore, this was distinctly written in the favor of passing knowing how complacent society is. Sincerely, 7 Gene Marchioni HB -421-Item 20. - 115 I fi Important! Our address must show through this window.: t--16 ciA,/ C/6 \,-) 1-1-eft Prt-Y ,S t 1.i St- 1-4 c7+- q 1-ff Place stamp here. The Post Office will not deliver mail without postage. HB -422-Item 20. - 116 SM,F.TA - • ',C.:A. 92,6 :15 -HAY '17 PIM 3 1_ C.barles T. Burns 5562 Edinger Ave. ilurntingtan Bch, CA 92649-1702 05/15/2017 Huntington Beach City Clerk Written Protest 2000 Main St. Huntington Beach )CA 92648 protest all proposed rate increases and adjustments including the methodology. Charies Burns 5502 Edinger Ave Huntington Beach )CA 92649 -C TVI :TT -1-16L-Af-71,A/Hf--/--ee -6,3j.,te / 64/0 zo-v-reAr e7 0 Ng../ A/ 6./1 etym A4 (lizit-eh 62i 71;16i/e/ -92E49.-27EafEI3 IMP It 111111111111111h1 111111.11111111111111.1111111111111 HB -423-Item 20. - 117 Sincerely, Mark A. Sppfigeud May 0-7,1017-- ' 2G17 MY 15 "H:14 I Mark Spangrud 5611 Ridgbpry.'Drive HutLitiingion4each, Property Location Information: Parcel No. 165-352-08 6561 Luciento Drive Huntington Beach Property Owner: Mark A. Spa ngrud Tenant: Michael & Jamie Ganz 6561 Luciento Drive Huntington Beach, CA 92647 Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern @ HB City Clerk I am writing this to HB City Clerk in order to protest and objects to the proposed Rate increase, including the methodology. I am against any rate increases for the refuse collection and recycling; and ratifying the methodology to the City of Huntington Beach. Thank you for counting this Protest Letter. HB -424-Item 20. - 118 May 04, 2017 Mark Spangrud 5611 Ridgbury Drive Huntington Beach, CA Property Location Information: Parcel No. 163-183-13 5611 Ridgebury Drive Huntington Beach Property Owner: Mark A. Spa ngrud Huntington Beach City Clerk c/o Written Protest 2000 Main Street Huntington Beach, CA 92648 To Whom It May Concern @ HB City Clerk I am writing this to HB City Clerk in order to protest and objects to the proposed Rate increase, including the methodology. I am against any rate increases for the refuse collection and recycling; and ratifying the methodology to the City of Huntington Beach. Thank you for counting this Protest Letter. HB -425-Item 20. - 119 g,h9--e )71 I <7(767 V(aq:71T7 1)k- qd HB -426-Item 20. - 120 —7\ •-• 0 r _ CNI „j- ; • 8-kJ oZeLe..0 ' 0-14-vib ) A. t --ti51 -4-• CI 4,4 -e 0 4' (..- `1 /0 IL HB -427-Item 20. - 121 3;11(1 Denise Jordan .% 229 Detroit , Huntingtn Bch, CA 92648 81•1n• • SAWA 64y Ceptz, c/o /01001- D,000 rytth,,,J4-}uxe I g-te.,44.3i-hAji-n, e a e.4 92. ti 111111p] '111 .111111.1,11,111111111,41111111,11,111111}11m111 " HB -428-Item 20. - 122 5912 Balsa Ave., Suite 106 Huntington Beach, Ca 92649 .n•n 0278 Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, Ca. 92648 2017 HAY 26 AM I 1+2 L C,FT OF HUNT Nf,73 T ON Re: We, the Huntington Beach Citizens protest the proposed Trash Rate hike including the ratification and the methodology used to calculate the rate. Richard K Lowery 18897 Coolwater Lane, Huntington Beach 92648 HB -429-Item 20. - 123 SflA ANA Ott% 14,4.4•1,7.-.4.7.Y.,1,7 F-1,1 May 11, 2017 E 2011 MM 25 FM I2 414 CITY OF HUNTINGTON FE From: Nanci Moldenhauer 5451 Bonanza Dr Huntington Beach, CA 92649 To: Huntington Beach City Clerk %Written Protest 2000 Main St. Huntington Beach, CA 92648 I absolutely oppose this unfair rate gouging increase by the City Trash Collection. I am a single senior woman living on only a very small amount of social security. There are a lot of us here in Huntington Beach. Please don't do this to us! Sincerely, Nanci Moldenhauer /140 With VS( D 4ttive f acii 12611 Co: ti,ortitiG ro il ctc-re-r toiliarim ?Ito rgs-r 00.0 mA-n 41 go/or-0,16 ro u -6--A61-t. I 0A- q26g HB -430-Item 20. - 124 I 2 3 ,c-9/7 r=;;; VI 25 127, , 7;--x CePeie fee. HB -431-Item 20. - 125 HAN 212..„„ ISSA Mr. Don Johnson 8761 Sailport Dr Huntingtn Bch CA 92646-2639 at e./ €,) 11 1 1 hi 11 111,14111 diod 11 Ili] 11'111111'i] II .1 Id HB -432-Item 20. - 126 24 May 2017 Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, CA 92648 2011 MAY 3 I PH 2:07 CITY CLERK CITY OF HUNTINGTO!..,cr Dear Huntington Beach City Clerk, In accordance with the notice that you mailed to me, please be advised that I object to the proposed rate and methodology for trash collection to be considered at the City Council meeting schedule for 5 June 2017. Sincerely, 'Maurice P. O'Sullivan Jr., Owner: 9432 Rambler Drive Huntington Beach, CA 92646 Mailing address: PO Box 7294 Huntington Beach, CA 92615 CARL/ANDO FL 328 25 MAY 2017 PN:21ii, C16- 2r-//-/-7/-7 ef71— 3 •vo 11 1 j h I ill/ 1 in 1 in 1 1 ;1 ).11:I t 'h i 11 I/ /h i jw HB -433-Item 20. - 127 Ms. Sandra Hayashi 2058! Sandpiper Ln Huntingtri Bell, CA 92646 .sANTA .-X1 1 2J A'( .tA.AY it,04,et2 (000u.L.) ,05 >J44-t,e1:72-9azre 2011 NAY 3 i PP1 2:07 c CiTY `-'411-tHGTOPPEA r:L ,v_Ztiet- elie44(e_. 0 6/6 /4 /I?A t 0 O O '979.4-) >Z25t1-1-411.- IJec V46,4, HB -434-Item 20. - 128 .1-Lovtf i 3ec&t 0--`it CA cvk, 2011 MAY 3 I PH 2: 08 ridt CITY CLE::;;'-; rITY OF PC vLq\---E) vi excari cJkP---LIMIGT 0 N2 F TJcLv 11 ) ?cure,.eA )43 0--cl e-c-ilv Sevr-V ceCalre6S A6A/l_ 13 e-a-al.) q P-1,2 i+ ep :111 Nro V y Lk') p if-so (t a,( k cAre_e_gc-G cL6 w focs Unith()Octo I Oa y ‘r-,cor-d e-e-frA) 4-0 v1/4,3-t -6 vt_ 13e0-at, ct/P-4.046, . • S- ii ANA, 926 75-NAY.5,-.73.17 .PPA 1. • ...J....N.,. 1-4-W -rt 0G-T -o -1-&-7crtf c---i-EleK wie1 -t-18-11\3 P&DT--a-ST- ooO vvl Wu oG--6)tJ i E7t-cA-1- 4 '7-32 L:71.P 7' 1177n c4. HB -435-Item 20. - 129 HUNTINGTON BEACH CITIZEN RESPOND TO CITY OF HUNTINGTON BEACH REQUESTS , Deadline for your mail will be count will be May 25, 2017 Or hand deliver to Huntington Beach City Clerk 2:00 PM sharp on June 5, 2017 Huntington Beach city sent mail, to everyone homeowners or tenants, that we received on April 27, 2017. City requests that you have to respond this letter or they will have Residential Trash Collection Rate including the ratification of the methodology increase again. IF YOU WANT YOUR WORKING HARD MONEY KEEP IN YOUR POCKET, for YOUR FAMILY, YOUR CHILDREN PLEASE FOLLOW THE CITY OF HUNTINGTON BEACH REQUEST: SIMPLY PRINT OUT AND FILL AND SEND THIS FORM AS SOON AS POSSIBLE TO: Huntington Beach City Clerk do Written Protest 2000 Main Street Huntington Beach, Ca. 92648 Re: We, Huntington Beach Citizen protest the proposed Rate including the ratification on the methodology. BEE K -14 vv-lio/uE ..1WMFMAT Name (first d last of owner(s) or tenant (s Address rent): Sincerely, (your signature) oit) go?‘11' PS: please give or email the Torm to your neighbors as many as we can to reach 10,O00 Huntington Beach Citila for our voice to be hear. 7,1 C C/ 1.1T NEY L05.ES 02 °11 P 4) UUU 00 857023 MAY 23 2017 "-Ill MAILED FROM ZIP CODE 90242 ft-An d-4)n Cit Cie C/ 6 w Y ifem fr0 -64 .).0 60 rAcCio s--6e4 1-1-1A n+i nrivn e ear-A , e4 9 0)641-ef 1 n 11 1 111 ,1 11 ,11 1 1 11 1 ,h il »r1i n ihilim1tillii11 1 11 1 1,111,1 1 )11 -1Y.11 ah, 926 '25 •AN' "17 -To HB -436-Item 20. - 130 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: From: Date: Subject: Honorable Mayor and City Council Members Patrick Brenden, City Council Member/6 May 30, 2017 CITY COUNCIL MEMBER ITEM FOR THE JUNE 5, 2017, CITY COUNCIL MEETING - PARK NAMING FOR THE PARCEL PARKLAND AT 17TH STREET AND ORANGE AVENUE STATEMENT OF ISSUE: Recently, a request was presented by Huntington Beach Preserve Our Past (POP) to have the Community Services Commission agendize the issue of restoring the original name of the parcel of parkland that is the former Rodgers Senior Center site located at 1706 Orange Avenue. This site is significant historically as it was one of three parcels deeded to the city of Huntington Beach between 1911 and 1917, specifically for park use. The park was the site of only a ball field and playground until 1948 when a building was moved to the site to house the Parks and Recreation Department and to serve as a recreation building. In 1975, the building was rededicated as the City's Senior Center and in 1983/84 and it was renovated and expanded to create an assembly hall. At this time, the ball field was replaced by a parking lot. It was also in 1984 that the site was named for Michael E. Rodgers. On Saturday, August 17, 2017, the Huntington Beach Preserve Our Past organization is planning to hold a celebration of the 100th anniversary of the land being deeded to the City and to a celebration of the site's history. They have requested that, if possible, appropriate research by the Historic Resource Board and the Huntington Beach Preserve our Past organization be reviewed by the Park Naming and Memorials subcommittee of the Community Services Commission, so that site can be officially and appropriately named by this date. The following timeline would accommodate this request: June 5, 2017 - City Council refers to Community Services Commission (CSC) June 14, 2017 - CSC refers to Park Naming & Memorials Committee (PNMC) July 12, 2017 - CSC considers recommendation of PNMC, forwards to City Council August 7, 2017 - City Council considers action RECOMMENDED ACTION: Refer consideration of the name of the Park at 17th and Orange to Community Services Commission Park Naming and Memorial Committee for review and return with recommendation to City Council on August 7, 2017. Xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Robin Estanislau, City Clerk Janeen Laudenback, Director of Community Services HB -437-Item 21. - 1