HomeMy WebLinkAbout2017-10-16 Agenda Packet
FRED A. WILSON
City Manager
MICHAEL E. GATES
City Attorney
ROBIN ESTANISLAU
City Clerk
ALISA CUTCHEN
City Treasurer
AGENDA
Monday, October 16, 2017
CITY COUNCIL/PUBLIC FINANCING
AUTHORITY
CITY OF HUNTINGTON BEACH
No Study Session
4:30 PM - Closed 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
Based on the lack of a Study Session and time needed to cover the Closed Session
items, the meeting will be called to order at 4:30 PM
4:30 PM – Council Chambers – Closed Session
6:00 PM – Council Chambers – Regular Business Meeting
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 CLOSED SESSION ITEMS (3 Minute Time
Limit)
RECESS TO CLOSED SESSION
Mayor Delgleize to Announce: Pursuant to Government Code § 54957.6, the City
Council takes this opportunity to publicly introduce and identify designated
labor negotiator, City Manager Fred Wilson, who will be participating in today's
Closed Session discussions regarding labor negotiations with: Huntington
Beach Police Officers' Association (POA), Municipal Employees' Association
(MEA) and Management Employees' Organization (MEO).
CLOSED SESSION
1. Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: Michael McClanahan vs. City of Huntington Beach,
HB -1-
-1-
City Council/PFA Agenda – Monday, October 16, 2017
WCAB Case Nos. ADJ10022294; ADJ8971930; ADJ120835845; Claim Nos.
COHB-12-0246; COHB-15-0192 and COHB- 15-0107.
2. 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 Police
Officers’ Association (POA), Municipal Employees’ Association (MEA) and
Management Employees’ Organization (MEO).
3. Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: Mark Tornow v. City of Huntington Beach, Craig
Reynolds, Jonathan Haught, Orange County Superior Court Case No. 30-
2016-00890778.
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: Debbie Mallery v. City of Huntington Beach, Orange
County Superior Court Case No. 30-2017-00940742.
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: Angelique Irene Vega v. Richard Dejarnett; Nobel
Pursuit, Inc.; Beach Babe Bicycling Classic; City of Long Beach; City of
Huntington Beach; County of Orange and County of Los Angeles Case No.
BC665973.
6. Pursuant to Government Code § 54956.9(d)(1), the City Council shall
recess into Closed Session to confer with the City Attorney regarding the
following lawsuit: City of Huntington Beach v. Surf City Beach Cottages,
LP, Orange County Superior Court Case No. 30-2016-00874885
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 - Fr. Christian Mondor of Sts. Simon & Jude Catholic Church and
member of the Greater Huntington Beach Interfaith Council.
In permitting a nonsectarian invocation, the City does not intend to proselytize or
advance any faith or belief. Neither the City nor the City Council endorses any
particular religious belief or form of invocation.
HB -2-
-2-
City Council/PFA Agenda – Monday, October 16, 2017
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
Mayor Delgleize to call on Victoria Alberty to present the Adoptable Pet of the
Month.
Mayor Delgleize to present proclamation to the County of Orange Childhood
Lead Poisoning Prevention Program to proclaim October 22 to 28 as "Childhood
Lead Poisoning Prevention Week."
Mayor Delgleize to call on Stephanie Deagle from Relay for Life Huntington
Beach to share an update on the campaign’s recent efforts.
Mayor Delgleize to call on City Clerk Robin Estanislau and Information Services
Director Behzad Zamanian who will present the Mayor’s Award to Nicole Arms
of Information Services.
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 October 2, 2017, as written and on file in the Office of the City
Clerk.
2. Approve the escheatment of Unclaimed Funds Per Government Code
Sections 50050-50057
Recommended Action:
Review and approve the transfer of $5,408.20 of unclaimed funds from the
City’s Unclaimed Funds Liability Account to the City’s Miscellaneous Revenue
Account #10000100.48550.10035209 in compliance with the Government Code
Sections 50050-50057.
3. Approve and authorize the Director of Public Works to execute a
temporary Construction Easement Deed with the Coast Community
College District at the intersection of Gothard Street and Center Avenue
HB -3-
-3-
City Council/PFA Agenda – Monday, October 16, 2017
Recommended Action:
Approve and authorize the Director of Public Works to execute a temporary
Construction Easement Deed with the Coast Community College District at the
intersection of Gothard Street and Center Avenue.
4. Adopt Resolution No. 2017-50 approving a Small Cell Site License
Agreement Template and delegating authority to the City Manager and
City Attorney to execute on behalf of the City
Recommended Action:
A) Adopt Resolution No. 2017-50, "A Resolution of the City Council of the City
of Huntington Beach Approving the Template Small Cell License Agreement
and Delegating the Authority to the City Manager and City Attorney to Execute
Small Cell License Agreements on Behalf of the City of Huntington Beach;" and,
B) Authorize and approve the annual lease rate of $1,500 per pole for small
cell attachments on City-owned street lights.
5. Approve and authorize execution of Amendment No. 1 to an existing
Professional Services Contract between the City of Huntington Beach and
CSG Consultants, Inc. for Plan Review Services in the amount not to
exceed $340,000; and approve the increase in the Community
Development Department’s Professional Services Listing Authority by
$133,690
Recommended Action:
A) Approve and authorize the Mayor and City Clerk to execute: "Amendment
No. 1 to Agreement between the City of Huntington Beach and CSG
Consultants, Inc. for Plan Review Services"; and,
(Attachment No. 1)
B) Approve the increase in the Community Development Department’s
professional services listing authority by $133,690 for building plan review
services to ensure compliance with Administrative Regulation Number 228,
Section 7.1.
PUBLIC HEARING
6. Second Request to Continue Appeal of Variance No. 17-003, which
represents a request to deviate from several Zoning Code development
standards to accommodate the relocation of a historic single-family
residence
Recommended Action:
Continue Appeal of Variance No. 17-003 to the November 6, 2017 City Council
meeting at the applicant's request.
7. Request to Continue Appeal of Conditional Use Permit No. 13-022/Coastal
HB -4-
-4-
City Council/PFA Agenda – Monday, October 16, 2017
Development Permit No. 13-014/Recirculated Mitigated Negative
Declaration No. 13-008 (Rofael Marina & Caretaker's Unit)
Recommended Action:
Continue Appeal of Conditional Use Permit No. 13-022 and Coastal
Development Permit No. 13-014 to the November 6, 2017 City Council meeting
at the applicant's request.
COUNCILMEMBER ITEMS
8. Submitted by Councilmember Patrick Brenden - Family Insurance Benefits
Recommended Action:
Direct the City Attorney’s Office to amend Chapter 2.28 to provide for the
addition of insurance benefits for City Council family members with the
additional premium costs above single enrollment to be borne by the City
Council Member.
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Monday, November 06, 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 -5-
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, October 2, 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 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 - Closed Session
6:00 PM — Council Chambers - Regular Business Meeting
CALLED TO ORDER — 4:00 PM
ROLL CALL
Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson
Absent: None
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS
(Received After Agenda Distribution) — None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
RECESSED TO CLOSED SESSION ITEM NOS 1-7 — 4:01 PM
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 Police Officers' Association (POA), Municipal Employees' Association (MEA) and Management
Employees' Organization (MEO).
CLOSED SESSION
1. 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 Police Officers’ Association (POA), Municipal Employees’
Association (MEA) and Management Employees’ Organization (MEO).
2. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Michael and Todd
Bartlett v. City of Huntington Beach/Michael Baumgartner, Orange County Superior Court
Case No. 30-2015-00778560.
3. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Isabel Navarrete
HB -6-Item 1. - 1
Council/PFA Regular Minutes
October 2, 2017
Page 2 of 12
Guardian Ad Litem for A.M., a minor v. City of Huntington Beach, Orange County Superior
Court Case No. 30-2016-00876912.
4. Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed
Session to confer with the City Attorney regarding the following lawsuit: Angela
Hernandez v. City of Huntington Beach, United States District Court Case No: 817-cv-
01257 AG (KESx).
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: MEO v. City of
Huntington Beach; PERB UPC Case No. LA-CE-1103.
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: Sunny Kang v.
City of Huntington Beach/William Brownlee, Orange County Superior Court Case No. 30-
2013-00626834.
7. 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: Judy Hall v. City
of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884770.
6:00 PM – COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:03 PM
ROLL CALL
Present: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
Absent: Peterson
PLEDGE OF ALLEGIANCE — Led by Councilmember Brenden
INVOCATION — Provided by Bishop Tad Baltzer of 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 presented a proclamation to proclaim October as “Dyslexia Awareness Month”
to Decoding Dyslexia CA Chapter and Parent Support Group in Huntington Beach. The Parent
Support Group described dyslexia as the most common learning disability that is also most under
identified. The purpose of the Parent Support Group is to bring awareness and support for the people
who live with this condition.
Mayor Delgleize called on representatives from the Huntington Beach Arts Alliance to present
commendations to 30 artists for their participation in the upcoming “Dumpsters on Parade” event
and their contribution to providing public art in Huntington Beach. Barbara Haynes and Kim
HB -7-Item 1. - 2
Council/PFA Regular Minutes
October 2, 2017
Page 3 of 12
Kramer introduced the project committee members and the 30 artists who were selected to decorate a
dumpster. They also announced details for the Dumpsters on Parade event which will include an art
show for the artists. These creative dumpsters will replace the current dumpsters which are in public view
in the Downtown area. Mr. Kramer expressed special thanks to Matt Liffreing of Marketworks Video and
Jeff Snow of Republic Services for their strategic involvement in this project.
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:
City Manager's Report:
Agenda Item No. 1 – Email communication regarding the Breitling Air Show submitted by Al Nowocinski.
Agenda Item No. 2 – Huntington Beach Auto Dealers BID Financial Reports dated September 30, 2016,
submitted by William Rea, CPA; and, Huntington Beach Auto Dealers BID Financial Reports dated July
31, 2017, submitted by William Rea, CPA.
City Attorney's Report:
Agenda Item No. 3: PowerPoint communication entitled Report by the City Attorney SB 35, dated
October 2, 2017, submitted by Michael Vigliotta, Chief Assistant City Attorney.
Ordinances for Introduction:
Agenda Item No. 11: PowerPoint communication entitled Proposed Amendments to Huntington Beach
Municipal Code (HBMC) Chapter 2.64 — Community Services Commission, dated October 2, 2017,
submitted by Michael Vigliotta, Chief Assistant City Attorney.
Councilmember Items:
Agenda Item No. 12: Email communication submitted by Richardson Gray
PUBLIC COMMENTS (3 Minute Time Limit) — 15 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.
Norma Vander Molen, Residents for Responsible Desalination (R4RD), was called to speak, shared
some observations regarding the Poseidon project, and requested that City Council agendize this project
for a complete and thorough review to allow for resident participation. (00:19:54)
Craig was called to speak and shared his opinions on various "grid" systems which he believes can be
used to plot crimes. (00:23:38)
Barbara Haynes, Co-Founder, Huntington Beach Public Art Alliance, was called to speak, presented a
short video, and invited everyone to the Dumpsters on Parade event on Saturday, October 7, at 10 AM
Downtown. (00:26:55)
Penny Patino was called to speak and shared her opinion that preferred locations do exist for the park
currently proposed at 9th Street and Pacific Coast Highway. She also stated her opinion that proof of
residency should be required to obtain a City of Huntington Beach parking permit to help prevent people
from sleeping in their vehicles. (00:29:14)
HB -8-Item 1. - 3
Council/PFA Regular Minutes
October 2, 2017
Page 4 of 12
John Redaelli, Bocce Courts 4 HB, was called to speak and asked that the Council consider making
tournament-style Bocci courts available in the City. Mayor Delgleize asked Mr. Redaelli to complete a
blue card for follow-up. (00:32:24)
Gina Clayton-Tarvin, President of the Ocean View School District Board of Trustees, was called to speak
and expressed condolences for the families and friends of victims in Las Vegas. She spoke in opposition
to Ordinances for Introduction Item No. 11 - Community Services Commission composition; and, in
support of Councilmember Item No. 12 - establishing an Ad Hoc Committee on Coastal Area Odors.
(00:35:31)
Michael DiCostanzo, resident of Seal Beach, was called to speak and shared the efforts that Seal Beach
residents have taken to work with the Air Quality Management District (AQMD), and stated his support
for Councilmember Item No. 12 - establishing an Ad Hoc Committee on Coastal Area Odors. (00:38:44)
Steven Stasoiski, resident of Seal Beach, was called to speak and shared his efforts thus far in working
with the Air Quality Management District (AQMD), and stated his support for Councilmember Item No. 12
- establishing an Ad Hoc Committee on Coastal Area Odors. (00:40:58)
Robert Redaelli was called to speak and asked that the Council consider making tournament-style Bocci
courts available in the City. (00:42:41)
Shayna Lathus, HB Huddle, was called to speak and stated her support for Councilmember Item No. 12 -
establishing an Ad Hoc Committee on Coastal Area Odors. (00:46:32)
Richard Hart was called to speak and stated his support for Councilmember Item No. 12 - establishing an
Ad Hoc Committee on Coastal Area Odors. (00:48:30)
Amory Hanson, Huntington Beach City Council Candidate in 2018, was called to speak and stated his
opposition to Ordinances for Introduction Item No. 11 – Community Services Commission composition.
(00:48:56)
Tony Bisson was called to speak and in reference to Consent Calendar Item No. 6 - speed limit changes,
stated his opinion that the easterly approach to Sowers Middle School on Indianapolis is not adequately
marked for a school zone. He also voiced concerns about Consent Calendar Item No. 10 - update to the
Huntington Beach General Plan, as not very visionary, and encouraged the City Council to remember to
listen to the residents when considering development projects. (00:51:11)
“The Cameraman”, a resident of Anaheim, was called to speak and shared his opinions about the recent
police officer shooting in Huntington Beach, and stood in silence for a moment in respect for the victims
and injured in the recent Las Vegas violence. (00:54:20)
Kim Kramer was called to speak and stated his support for the men and women of the Huntington Beach
Police Department and Police Chief Handy. He further encouraged the Huntington Beach Police
Officers' Association (HBPOA) leadership to work with the City and Police Chief in a professional and
respectful manner. (00:58:18)
Rex Steven Campbell was called to speak and stated his opinions on community policing by residents
and City fees for independent transportation services. (01:01:29)
COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
HB -9-Item 1. - 4
Council/PFA Regular Minutes
October 2, 2017
Page 5 of 12
Mayor Pro Tem Posey reported attending the Association of California Cities — Orange County (ACC-
OC) meeting in Washington, DC, where homelessness, cannabis regulations, Federal Aviation
Administration (FAA) drone policies, and Housing and Urban Development (HUD) issues were
discussed.
Councilmember Semeta reported meeting with members of both the Huntington Beach Police Officers'
Association (HBPOA) and the Huntington Beach Firefighters' Association (HBFA). She also attended the
ceremony where Police Chief Handy was awarded a Lifetime Achievement Award at the International
Public Safety, Leadership and Ethics Institute gala; and the Aerospace Education Foundation gala. She
gave special commendation to Mr. Dan Page, executive director of the nonprofit Aerospace Education
Foundation, for his support for the Huntington Beach Air Show.
Councilmember Brenden reported attending an OC Task Force meeting, meetings with representatives
of the Huntington Beach Firefighters' Association (HBFA), and an Association of California Cities —
Orange County (ACC-OC) Sober Living Task Force meeting.
Mayor Delgleize reported meeting with Huntington Beach Firefighters' Association (HBFA)
representatives, attending the OC Tax Roses and Radishes Award dinner, and welcomed a delegation
from China to Huntington Beach.
Councilmember O'Connell reported attending the ACC-OC meeting in Washington, DC, and found it
interesting that HUD representatives believe that homelessness is decreasing across the country. He
thanked Mike McCabe for his vision for the Huntington Beach Air Show. Councilmember O'Connell also
reported attending the Orange County Housing Community Development Commission meeting, the
Aerospace Education Foundation gala, and the OC Tax Roses and Radishes Awards dinner.
CITY MANAGER’S REPORT
1. Mike McCabe, Airsupport LLC, and Public Safety Officials Police Chief Robert Handy, and
Fire Chief David Segura, provided a recap of the 2017 Breitling Air Show
Mike McCabe reported that it appears this year's attendance doubled over last year. Mr. McCabe also
announced 2018 air show dates as October 19, 20 and 21, and expressed appreciation to the staff of
many City departments, City Council, the Huntington Beach Aviation Education Foundation, the over 400
community volunteers, Code Four Productions, and the Air Show team for being instrumental to this
successful event.
Police Chief Handy thanked all of the City staff involved in the nearly year-long planning for this event
from safety and logistic perspectives. Police Chief Handy reported there were no major issues beyond
what is normal for a busy and crowded weekend, adding that with the support of several inter-agency
partners including the Orange County Sheriff's Department, FBI, Long Beach Police Department, Coast
Guard, and National Guard, among others, this was a safe and successful event.
Fire Chief Segura concurred with Chief Handy and reported a small increase in medical aide calls from
the event. From a marine safety perspective there were just a few minor vessel incidents. Fire Chief
Segura also expressed appreciation to the City staff from many departments, plus the 25 public
agencies, volunteers, and communication staff for helping to ensure a successful event.
City Manager Wilson addressed the question of the City's financial assistance for this event by explaining
that on a typical weekend $45,000 is collected in parking fees. For this event parking fees were
HB -10-Item 1. - 5
Council/PFA Regular Minutes
October 2, 2017
Page 6 of 12
increased. The City will retain $45,000 and the monies beyond that amount will be applied to public
safety costs.
Councilmember O'Connell and City Manager Wilson discussed that it is too early to know how City
businesses have financially benefitted from this event.
2. Received and filed the Auto Dealers Business Improvement District (BID) Financial
Reports dated September 30, 2016, and July 31, 2017
City Manager Wilson reported that as Council had recently requested, they were provided with audited
financial reports from the Auto Dealers Business Improvement District (BID). City Manager Wilson also
stated that the BID just announced their plan to dissolve by the end of the year and become self-funded.
CITY ATTORNEY’S REPORT
3. Chief Assistant City Attorney Michael Vigliotta provided an explanation of Senate Bill 35
relating to housing and zoning, and impacts to local governments
Chief Assistant City Attorney Mike Vigliotta presented a PowerPoint communication titled Report by the
City Attorney SB35 with slides entitled: Governor Brown Signed SB35, Current Law: Government Code
Section 65400, et. seq., SB 35's Proposed Amendment to Government Code Section 65400 et. seq.,
SB35's Proposed Addition to New Government Code 65913.4. and In General the Standards are: (3).
Mayor Pro Tem Posey and Assistant City Attorney Vigliotta discussed whether a city that doesn't meet
Regional Housing Needs Allocation (RHNA) is subject to SB35. Assistant City Attorney Vigliotta clarified
that there are RHNA and eight other criteria defined in SB35.
Councilmembers Brenden and Semeta, and Assistant City Attorney Vigliotta discussed RHNA
certification and processes as defined in SB35.
CONSENT CALENDAR
Councilmember O'Connell asked to be recorded as a “No" vote for Consent Calendar Item No. 7 - Sewer
Service Rates Methodology.
4. Approved and adopted minutes
A motion was made by Hardy, second Semeta to review and adopt the City Council/Public Financing
Authority regular meeting minutes dated September 18, 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, and Brenden
NOES: None
ABSENT: Peterson
5. Approved the Interim Appointment of Charles Adams to the position of Chief Financial
Officer (CFO)
A motion was made by Hardy, second Semeta to approve and authorize the City Manager to appoint
Charles Adams to the position of Chief Financial Officer in an interim capacity.
HB -11-Item 1. - 6
Council/PFA Regular Minutes
October 2, 2017
Page 7 of 12
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Peterson
6. Adopted Ordinance No. 4139 amending Huntington Beach Municipal Code Chapter 10.12
relating to speed limits on 90 street segments
Approved for introduction September 18, 2017 — Vote: 7-0
A motion was made by Hardy, second Semeta to adopt Ordinance No. 4139, "An Ordinance of the City
of Huntington Beach Amending Section 10.12.080 of the Huntington Beach Municipal Code Relating to
Speed Limits."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Peterson
7. Adopted Ordinance No. 4140 amending Chapter 14.55 of the Huntington Beach Municipal
Code (HBMC) relating to Sewer Service Rates Methodology
Approved for introduction September 18, 2017 Vote: 6-1 (O’Connell - No)
FIVE AFFIRMATIVE VOTES ARE REQUIRED TO ADOPT THIS ORDINANCE PER HEALTH
AND SAFETY CODE SECTION 5471
A motion was made by Hardy, second Semeta to accept the Sewer Service Fund Performance Audit for
Fiscal Year 2016-17; and, adopt Ordinance No. 4140, "An Ordinance of the City of Huntington Beach
Amending Chapter 14.55 of the Huntington Beach Municipal Code Relating to the Sewer Service Rates
Methodology."
The motion carried by the following vote:
AYES: Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: O’Connell
ABSENT: Peterson
PUBLIC HEARING
8. Adopted Resolution No. 2017-34 authorizing the Fire Department to have authority for
processing street name change requests and adopted Resolution No. 2017-47 approving
street name assignments for Huntington Harbour Village
City Manager Wilson introduced Fire Marshall Bill Reardon who explained the process and request
received from Huntington Harbour Village for street name changes.
Mayor Delgleize opened the Public Hearing for this item.
Public Hearing — 1 speaker
HB -12-Item 1. - 7
Council/PFA Regular Minutes
October 2, 2017
Page 8 of 12
Rex Steven Campbell was called to speak and stated his opinion that street names should have been
selected when the project was developed. (01:39:09)
There being no more speakers, Mayor Delgleize closed the Public Hearing. (01:40:01)
A motion was made by O’Connell, second Hardy to adopt Resolution Number 2017-34, "A Resolution of
the City Council of the City of Huntington Beach Designating the Fire Department as the Agency
Authorized to Select Names for New Streets and Street Name Changes Within the City;" and, adopt
Resolution Number 2017-47, "A Resolution of the City Council of the City of Huntington Beach Revising
the Names of Existing Streets in Huntington Harbour Village Mobile Home Park."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Peterson
9. Approved Request for Continuance to October 16 — Deny Variance No. 17-003 Appeal,
which represents a request to deviate from several Zoning Code development standards
to accommodate the relocation of a historic single-family residence
Community Development Director Scott Hess announced that staff supports the applicant's request for
continuance. (01:41:27)
A motion was made by O’Connell, second Semeta to continue appeal of Variance No. 17-003 to the
October 16, 2017 City Council meeting at the applicant's request.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT Peterson
10. Approved General Plan Amendment (GPA) No. 14-002 for the comprehensive update to the
Huntington Beach General Plan by adopting Resolution No. 2017-41
Continued from September 18, 2017, with Public Hearing Closed
City Manager Wilson stated that this item is for Council discussion, motion and vote as staff has already
provided a detailed report during the public hearing held on August 21, 2017. (01:42:25)
A motion was made by Semeta to approve General Plan Amendment No. 14-002 by adopting Resolution
No. 2017-41, "A Resolution of the City Council of the City of Huntington Beach Approving General Plan
Amendment No. 14-002 for the General Plan Update, as amended to eliminate ERC 2F, regarding
working with school districts to encourage after-school access to school properties."
Councilmember Hardy expressed opposition to the amendment and discussed working cooperatively
with school districts for use of open space during non-school hours for recreational activities such as
AYSO and Little League, and also shared concerns about discouraging relationships with schools whose
properties are not fenced in.
HB -13-Item 1. - 8
Council/PFA Regular Minutes
October 2, 2017
Page 9 of 12
Councilmember Semeta concurred with Councilmember Hardy’s expression of support to cooperate with
school districts for accessibility of open space for recreational purposes, but explained her opinion that
the proposed language in ERC 2F is not necessary, nor appropriate, in the General Plan.
Without a second, the motion failed.
A motion was made by Hardy, second O’Connell to approve General Plan Amendment No. 14-002 by
adopting Resolution No. 2017-41, "A Resolution of the City Council of the City of Huntington Beach
Approving General Plan Amendment No. 14-002 for the General Plan Update."
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Peterson
ORDINANCES FOR INTRODUCTION
11. NO ACTION TAKEN on request to approve for introduction Ordinance No. 4141 amending
Huntington Beach Municipal Code Chapter 2.64 relating to the Community Services
Commission
City Manager Wilson introduced City Attorney Gates who explained that his office prepared four options
for Council's consideration, and referred to Chief Assistant City Attorney Mike Vigliotta to present a
PowerPoint communication entitled Proposed Amendments to Huntington Beach Municipal Code
(HBMC) Chapter 2.64 Community Services Commission with slides entitled: City Council Direction, and
Proposals for Amendments to HBMC 2.64.
Councilmember Brenden and Assistant City Attorney Vigliotta discussed the proposed ordinance that
supports a Community Services Commission of 13 members, consisting of seven (7) Council Member
appointees and six (6) non-voting members appointed by the school districts.
Councilmember Semeta suggested reducing the number of voting members, and proposed considering
at-large voting members selected by the school districts, and the quarterly committee (which consists of
three Council Liaisons) would recommend two for final approval by the City Council. This would result in
a commission of 9 voting members, including the 7 members which are Council appointees.
Councilmember Hardy stated her support for the Community Services Commission as it currently stands
and discussed her knowledge of confusion on the part of the school districts on this issue. She further
stated that in her opinion, there currently is no problem with the Commission, and any of the proposed
options would create problems in the future.
Mayor Pro Tem Posey stated his support for Councilmember Semeta's proposal with a change from
quarterly approval, to an as-needed basis with Council approval.
Councilmember O'Connell stated his support for each school district having a voice and being
represented on the Community Services Commission.
A motion was made by Semeta, second Posey to request the City Attorney to return with an amended
Ordinance to add two (2) at-large voting members, selected by the quarterly school district committee
from school district recommendations, with final approval by City Council.
HB -14-Item 1. - 9
Council/PFA Regular Minutes
October 2, 2017
Page 10 of 12
The motion failed by the following vote:
AYES: Semeta, and Posey
NOES: O’Connell, Delgleize, Hardy, and Brenden
ABSENT: Peterson
Councilmember O'Connell confirmed with Community Services Director Janeen Laudenback that Ocean
View School District has eight (8) parks on school property, Westminster has two (2) and Fountain Valley
has two (2).
Councilmember O'Connell asked Councilmember Semeta if she would change her motion to add three
(3) at-large voting members.
Councilmember Semeta declined because that would create a Commission with an even number of
members.
Councilmember Brenden stated his support for the existing Commission which allows representation for
every school district, and therefore recommended no action be taken.
Councilmember Hardy requested that Huntington West (formerly Robinwood Little League) be added to
the school districts, and further stated that most of the Huntington Beach City Schools have a park that is
adjacent to their school. Councilmember Hardy also stated that several of the current school district
appointees have told her they will no longer serve if they do not have a vote.
Councilmember Brenden reminded Council that Community Services Commission is an advisory group,
and that the Council is responsible for final decisions, suggesting that the item be denied and removed
from further consideration.
A motion was made by Brenden, second Hardy to deny/take no action to introduce Ordinance No. 4141,
"An Ordinance of the City of Huntington Beach Amending Chapter 2.64 of the Huntington Beach
Municipal Code Relating to the Community Services Commission."
Before the vote was recorded, Councilmember Brenden withdrew his motion.
COUNCILMEMBER ITEMS
12. Item Submitted by Councilmember O’Connell approved, as amended, to establish a City
Council Ad Hoc Committee on Coastal Area Odors
Mayor Delgleize stated for the benefit of concerned residents that there was a working group established
at the beginning of 2017 by the Gas Company which has representatives from over ten agencies,
including the Air Quality Management District (AQMD) as the lead agency. Mayor Delgleize requested
that if an Ad Hoc Committee is approved, it be encouraged to work very closely with the existing group.
Councilmember O'Connell briefly described some of the suggested possible sources of these odors, and
stated that this is an important issue that affects many area residents. Councilmember O'Connell then
called on Fire Chief Segura to share from his expertise on the issue.
Fire Chief Segura stated that even during his tenure at the Long Beach Fire Department he was involved
in efforts to uncover the source of the foul odors. The AQMD is the responsible agency and is listening
to the concerns and assisting in securing air samples. The Huntington Beach Fire Department has
HB -15-Item 1. - 10
Council/PFA Regular Minutes
October 2, 2017
Page 11 of 12
submitted five air samples for which lab analysis results have not yet been received. Huntington Beach
Fire Marshall Reardon, as well as Assistant to the City Manager Antonia Graham, regularly
communicates with AQMD on this issue.
Mayor Pro Tem Posey shared that this problem has been around for a long time, and AQMD has
confirmed they do not yet know whether the odors are originating from naturally occurring phenomena,
oil rigs, or container ships offshore. Mayor Pro Tem Posey further stated that if an Ad Hoc committee is
approved, there should be specific goals and objectives. The objectives he recommends are to identify
the odor composition, the odor source, whose jurisdiction it falls under, and determine if there is any
remedy. In addition, the Ad Hoc committee should report back to Council no later than June 1, 2018.
Councilmember Hardy stated her support for Mayor Pro Tem Posey's comments. Councilmember Hardy
shared from personal experience that the foul odors are getting worse, and she is very interested in
supporting AQMD training for those interested in collecting air samples.
A motion was made by Posey, second Hardy for Mayor to establish a City Council Ad Hoc Committee
comprised of Mayor Pro Tem Posey, Councilmember O'Connell and Councilmember Brenden to
work with key stakeholders to formulate a Coastal Area Odors work plan for the Council's further review
and action, as amended to 1) identify the material/substance causing the odor (s); 2) identify the
source; 3) identify the responsible jurisdiction; 4) identify a remedy; and, 5) in cooperation with
other agencies, take steps to achieve the objectives no later than June 1, 2018.
The motion carried by the following vote:
AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, and Brenden
NOES: None
ABSENT: Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden expressed his appreciation to the volunteers, the Aerospace Education
Foundation and Orange County agencies for their efforts to ensure the success of the 2017 Breitling Air
Show. He reported attending the Earthquake Preparedness event with Dr. Lucy Jones, funeral service
for Bud Berge, Automobile Dealers' Association Charitable Giving award luncheon where 10 different
local non-profits were awarded $5,000 each, OC Tax Roses and Radishes dinner, annual Chefs for
Scholarships event at Golden West College, 50th Anniversary of Anaheim Convention Center and ribbon
cutting for the Convention Center’s newest expansion, Chamber of Commerce ribbon cutting at Cure
Kitchen + Bar, Association of California Cities - Orange County (ACC-OC) Legislative and Government
Affairs Committee meeting, Huntington Beach Air Show Reception and Fundraiser, and the International
Public Safety Leadership and Ethics Institute's 4th Annual Lifetime Achievement Awards and Gala where
Police Chief Handy was recognized for his accomplishments. Councilmember Brenden closed his
comments by expressing his thoughts and prayers for the victims of the recent Las Vegas violence.
Mayor Pro Tem Posey reported attending the Best of the Best — Orange County event where
Huntington Beach was recognized for having the Best City Beach in Orange County, and ran a close
second behind Irvine for Best Livable City in Orange County, OC Tax Roses and Radishes dinner, ACC-
OC advisory trip to Washington D.C. which included a presentation by Congressman Ed Royce on the
status of North Korea, information on Technology and Chip Manufacturing, he met with Congressman
Lou Correa and Congressman Dana Rohrabacher to discuss homelessness and sober living home
issues, met with Congresswoman Mimi Walters to discuss transportation, moderated a discussion with
HB -16-Item 1. - 11
Council/PFA Regular Minutes
October 2, 2017
Page 12 of 12
the Director plus two representatives of Housing and Urban Development (HUD) on the topic of ending
veteran homelessness, reviewed drone policy legislation, and attended the Huntington Beach Breitling
Air Show.
Councilmember Hardy thanked Olivia Ooms for singing Oh Canada at the Huntington Beach Breitling Air
Show, and expressed appreciation for being asked to sing the National Anthem herself.
Councilmember Semeta reported that she was proud to be one of the group that welcomed the Blue
Angels when they arrived at Los Alamitos, she also attended the Meet and Greet for some of the Air
Show pilots, the Earthquake Preparedness event with Dr. Lucy Jones which focused on how businesses
can prepare, and the Philharmonic Society Summer Music Festival Salon as a kick-off event for the
Segerstrom Philharmonic season. Councilmember Semeta closed her comments be extending her
thoughts and prayers to the victims of the recent Las Vegas violence.
Councilmember O'Connell thanked City Manager Wilson, Police Chief Handy, Fire Chief Segura and all
of the staff in uniform for keeping the City safe during the Breitling Air Show. Councilmember O'Connell
reported attending the Earthquake Preparedness event with Dr. Lucy Jones, Automobile Dealers'
Association Charitable Giving award luncheon, OC Tax Roses and Radishes dinner, the Huntington
Beach Municipal Employees' Association (HBMEA) Oktoberfest at Old World Village, the funeral of Bud
Berge, Aerospace Education Foundation fundraiser, and the Boeing Hosts Employees and Customers
event. Councilmember O'Connell announced that Boeing was just awarded a Navy contract to produce
a large underwater orca drone, and he believes that approximately 70 percent (70%) of the work will be
done in Boeing's Huntington Beach facilities. Councilmember O'Connell expressed appreciation to GM
Oil, Huntington Beach Ford and the Huntington Beach Police Officers' Foundation (HBPOF) for getting
supplies to Houston for Hurricane Harvey. Councilmember O'Connell asked that Mayor Delgleize
adjourn this meeting in memory of the victims of the recent Las Vegas violence.
Mayor Delgleize shared she enjoyed the experience of being interviewed by Tim Conway, Jr. on KFI
Radio and thanked KFI for doing a simulcast for the Huntington Beach Breitling Air Show. Mayor
Delgleize reported that Huntington Beach has one of the very best Community Emergency Response
Training (CERT) programs in the country, and she highly recommends this program as a way to be
prepared for a local natural disaster which will happen someday. The fall class is full, and the waiting list
has already started for the spring class.
ADJOURNMENT — 8:50 PM, in memory of the victims of the recent violence experienced in Las Vegas,
Nevada, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority on Monday, October 16, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main
Street, Huntington Beach, California.
______________________________________
City Clerk and ex-officio Clerk of the City
Council of the City of Huntington Beach
and Secretary of the Public Financing Authority
of the City of Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
HB -17-Item 1. - 12
Dept. ID FN17-016 Page 1 of 2
Meeting Date: 10/16/2017
Statement of Issue: The City is currently holding $5,408.20 in unclaimed funds. Per Government
Code Sections 50050-50057, unclaimed funds less than $15.00, which remain unclaimed for over
one year, become the property of the City. In addition, unclaimed funds that are over $15.00, that
are not the property of the City, that remain unclaimed for over three years, and have not been
claimed after publication of a notice, become the property of the City.
Financial Impact: This action will result in the deposit of $5,408.20 into the City’s General Fund.
The FY 2017/18 Adopted Budget for the General Fund assumes the City will receive a total of
$373,944 in miscellaneous revenue. The escheated funds of $5,408.20 in addition to other
miscellaneous revenue sources will assist the General Fund in reaching the budgeted estimate.
Recommended Action:
Review and approve the transfer of $5,408.20 of unclaimed funds from the City’s Unclaimed Funds
Liability Account to the City’s Miscellaneous Revenue Account #10000100.48550.10035209 in
compliance with the Government Code Sections 50050-50057.
Alternative Action(s): Do not approve the recommendation and direct staff accordingly.
Analysis:
The City has developed a procedure based on Government Code Sections 50050-50057
(Attachment 1) for the escheatment of funds. Under the procedure (Attachment 2), a list is
prepared by the Finance Department of unclaimed funds less than $15.00 which have remained
unclaimed for over one year as of September 30, 2016. Pursuant to Government Code Sections
50050-50057, the Chief Financial Officer published a notice with all unclaimed funds over three
years old or greater than $15.00 (Attachment 3) on July 27, 2017, and August 3, 2017, in an
adjudicated newspaper, the Huntington Beach Wave. Per Government Code Sections 50050-
50057, the City released funds on all verified claims which were timely filed. The remaining
unclaimed funds total the amount of $5,408.20 (Attachment 4).
Environmental Status: Not Applicable.
Strategic Plan Goal:
Strengthen Economic and Financial Sustainability.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/16/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Chuck Adams, Chief Financial Officer
SUBJECT: Approve the escheatment of Unclaimed Funds Per Government Code Sections
50050-50057
HB -18-Item 2. - 1
Dept. ID FN17-016 Page 2 of 2
Meeting Date: 10/16/2017
Attachment(s):
1. Government Code Sections 50050 to 50057.
2. Escheatment of Funds Procedure.
3. Newspaper Publication and Claim Form.
4. Unclaimed Funds List 2017.
HB -19-Item 2. - 2
GOVERNMENT CODE – TITLE 5. LOCAL AGENCIES [50001 – 57550]
50050.
For purposes of this article, “local agency” includes all districts. Except as otherwise
provided by law, money, excluding restitution to victims, that is not the property of
a local agency that remains unclaimed in its treasury or in the official custody of its
officers for three years is the property of the local agency after notice if not claimed
or if no verified complaint is filed and served. At any time after the expiration of the
three-year period, the treasurer of the local agency may cause a notice to be
published once a week for two successive weeks in a newspaper of general
circulation published in the local agency. At the expiration of the three-year period,
money representing restitution collected on behalf of victims shall be deposited into
the Restitution Fund or used by the local agency for purposes of victim services. If
a local agency elects to use the money for purposes of victim services, the local
agency shall first document that it has made a reasonable effort to locate and notify
the victim to whom the restitution is owed. The local agency may utilize fees
collected pursuant to subdivision (l) of Section 1203.1 or subdivision (f) of Section
2085.5 of the Penal Code to offset the reasonable cost of locating and notifying the
victim to whom restitution is owed. With respect to moneys deposited with the
county treasurer pursuant to Section 7663 of the Probate Code, this three-year
period to claim money held by a local agency is extended for an infant or person of
unsound mind until one year from the date his or her disability ceases.
For purposes of this section, “infant” and “person of unsound mind” have the same
meaning as given to those terms as used in Section 1441 of the Code of Civil
Procedure.
50051.
The notice shall state the amount of money, the fund in which it is held, and that it
is proposed that the money will become the property of the local agency on a
designated date not less than forty-five days nor more than sixty days after the
first publication of the notice.
50052.
Upon or prior to publication, a party of interest may file a claim with the treasurer
which must include the claimant’s name, address, amount of claim, the grounds on
which the claim is founded, and any other information that may be required by the
treasurer. The claim shall be filed before the date the unclaimed money becomes
the property of the local agency as provided under Section 50051 and the treasurer
shall accept or reject that claim. If the claim is rejected by the treasurer, the party
who submitted the claim may file a verified complaint seeking to recover all, or a
designated part, of the money in a court of competent jurisdiction within the county
in which the notice is published, and serves a copy of the complaint and the
summons issued thereon upon the treasurer. The copy of the complaint and
summons shall be served within 30 days of receiving notice that the claim was
rejected. The treasurer shall withhold the release of the portion of unclaimed
money for which a court action has been filed as provided in this section until a
decision is rendered by the court.
ATTACHMENT 1HB -20-Item 2. - 3
50052.5.
(a) Notwithstanding Section 50052, the treasurer may release to the depositor of
the unclaimed money, their heir, beneficiary, or duly appointed representative,
unclaimed money if claimed prior to the date the money becomes the property of
the local agency upon submitting proof satisfactory to the treasurer, unless the
unclaimed money is deposited pursuant to Section 7663 of the Probate Code.
(b) Notwithstanding Section 50052, the treasurer may release unclaimed money
deposited with the county treasurer pursuant to Section 7663 of the Probate Code,
to any adult blood relative of either the decedent or the decedent’s predeceased
spouse.
(c) Notwithstanding Section 50052, the treasurer may release unclaimed money
deposited with the county treasurer pursuant to Section 7663 of the Probate Code
to the parent who has legal and physical custody of a minor who is a blood relative
of either the decedent or the decedent’s predeceased spouse without the need to
appoint a legal guardian for the minor as follows:
(1) If the value of the unclaimed money deposited with the county treasurer is five
thousand dollars ($5,000) or less, the treasurer may release the money according
to Section 3401 of the Probate Code.
(2) If the value of the unclaimed money deposited with the county treasurer is sixty
thousand dollars ($60,000) or less, and the money is not released under paragraph
(1), the unclaimed money may be released by the treasurer to the parent who
shall, after payment of any costs incurred in making the claim, hold the money in
trust, to be used only for the care, maintenance, and education of the minor, and
the parent shall be liable therefor to the minor under the fiduciary laws of this
state. The money held in trust shall be released to the minor when the minor
reaches the age of majority.
(d) The claim shall be presented to the county treasurer in affidavit form and
signed under penalty of perjury. Notwithstanding Section 13101 of the Probate
Code, the claimant, to be entitled to the entire escheated estate, needs only to
establish with documentary proof the existence of a blood relationship to either the
decedent or of the predeceased spouse, if any, and the documentary proof, if
regular on its face, need not be certified. Notwithstanding Section 13101 of the
Probate Code, the claimant shall not be required to declare that no other person
has an equal or superior claim to the escheated estate.
The county treasurer may rely in good faith on the sworn statements made in the
claim and shall have no duty to inquire into the truth or credibility of evidence
submitted.
In paying out the escheated estate, the county treasurer shall be held harmless to
all. Payment shall act as total acquittance and shall completely discharge the
county treasurer from any liability.
If the county treasurer rejects any claim made hereunder, the claimant may take
his or her grievance to the Superior Court of the county holding the escheated
estate.
Any claim paid hereunder shall be paid without interest.
ATTACHMENT 1HB -21-Item 2. - 4
50053.
When any such money becomes the property of a local agency and is in a special
fund, the legislative body may transfer it to the general fund.
50054.
Whenever any city or county or city and county renders construction services or
constructs public works for any city, county, city and county or any other
governmental agency below the level of the state government, the price charged
for such services or construction shall be sufficient to reimburse the governmental
body performing such services for the full cost thereof including labor, material,
equipment costs or rentals and a reasonable allowance for overhead. In computing
overhead, without limitation on other factors properly includable, there shall be
allocated to the overhead cost its proportionate share of indirect labor and
administrative costs.
50055.
Any other provision of this article notwithstanding, any individual items of less than
fifteen dollars ($15), or any amount if the depositor’s name is unknown, which
remain unclaimed in the treasury or in the official custody of an officer of a local
agency for the period of one year or upon an order of the court may be transferred
to the general fund by the legislative body without the necessity of publication of a
notice in a newspaper.
50056.
The responsibilities of the treasurer as provided under this article may be delegated
by the treasurer to the agency, district, or department that maintains the
supporting records of the unclaimed money based on the initial receipt or deposit of
that money or both.
50057.
For individual items in the amount of five thousand dollars ($5,000) or less, the
legislative body of any county may, by resolution, authorize the county treasurer to
perform on its behalf any act required or authorized to be performed by it under
Sections 50050, 50053, and 50055. The resolution shall require that the county
auditor be informed of each act performed under the authorization.
ATTACHMENT 1HB -22-Item 2. - 5
1
EEsscchheeaatt ooff MMoonneeyy
GGoovv''tt SSeeccttiioonn 5500005500--5500005577
UUppddaatteedd NNoovveemmbbeerr 22001166
I. Operating Expenses – Under Minimum ($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name which are under $15.00 and which are over one (1)
year old for all bank accounts. Provide list to Chief Financial Officer.
Cashiering & Collections Services Division:
B) Chief Financial Officer or his/her designee to request Council action for
approval of the transfer of these funds to revenue in the General Fund.
II. Operating Expenses and Bond Funds – Equal or Greater Than Minimum
($15.00)
Accounting Services:
A) At the end of every fiscal year, identify all outstanding checks by check
number, date, name which are equal or greater than $15.00 and which are
over 1 year old. Send a letter notifying payees of outstanding check that
has reached “Abandoned Property Status” allowing three (3) weeks for a
response.
B) Upon receipt of a letter, a party of interest may file a claim with the Chief
Financial Officer, which must include claimant’s name, address, amount of
claim, identification, the grounds on which the claim is founded and any
other information that may be required by the Chief Financial Officer.
(Copy of “Claim form” attached.) The Cashiering & Collections Division
will provide this to the Chief Financial Officer or his/her designee for
review and approval. If approved, paperwork for issuance of a new check
will be processed by Accounting Services.
C) After the response period has expired, identify these items as stale over
one (1) year.
D) At the end of every fiscal year, identify all remaining outstanding checks
over three (3) years old including check number, date and name and
move to Unclaimed Warrants account. Provide list to the Chief Financial
Officer.
ATTACHMENT 2HB -23-Item 2. - 6
2
Cashiering & Collections Services Division
A) Chief Financial Officer will direct his/her designee to provide the list of
unclaimed moneys to be published in a newspaper notice. The notice is
to be published once a week for two successive weeks in a newspaper in
the County or the City, and circulated in the City. The notice shall state
the amount of money and payee name, and that it is proposed that the
money will become the property of the City on a designated date not less
than forty-five (45) days nor more than sixty (60) days after the first
publication of the notice.
B) Upon publication, a party of interest may file a claim with the Finance
Department which must include claimant’s name, address, amount of
claim, identification, the grounds on which the claim is founded and any
other information that may be required by the Chief Financial Officer.
(Copy of “Claim Form” attached.) The Chief Financial Officer or his/her
designee will review and approve. If approved, paperwork for issuance of
a new check will be processed by Accounting Services.
C) After the second publication in a newspaper, the Chief Financial Officer or
his/her designee will prepare a Request for Council Action and request
Council approve the transfer of all amounts in the Unclaimed Warrants
account over three (3) years old to the General Fund or if it is restitution
collected on behalf of victims, it shall be either deposited into the
Restitution Fund or used by the City for purposes of victim services after
the expiration of the three-year period.
D) This procedure shall also be followed for Bond funds which have been
held in trust by the City and released. Such outstanding checks are
included in the population of checks described in this section.
ATTACHMENT 2HB -24-Item 2. - 7
Check* Check Dore Amount
789563 .0f9/2013 $85.00
7902
785943 5229E313 ale
781810 11110012 $351,55
790#1195
7.8.1909
meta
710569
784005
790893
7.84451
782685
7909012
78408
79090g
787734
790926
787956
784461
784462
784163
787319
784851
787737
18/4
787329
790961
784485
784486
785050
787013
785053
787963
787748
787344
784502
791010
7845(14
790351
784016
790048
/NW
1812.51
790052
781554
780956
785097
791029
783775
785100
785102
785E05
789007
784524
787364
781951
785122
791061
787369
78776,7
791073
791077
783036
790267
W413 $222
4%2013
WADtg.535.00
8P/2013 a6.42
2,42013
tg n
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2=013 1131
12114201
4
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2N2013 W.55
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=11 33 0124
NAI3 E:1 98
Y242013 $106„20
W20 13
6142013
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$118.32
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5(17/2013 $18)
•W13 131,00
61142013 02,411
$11_33
13 S2.31
EN 13 $40.07
13 $69.18.
2;22;2013 5.1390
916/2013 $125.00
VA
i2143 $94,17
13 $60,77
13 $3123
13 $87,32
13 55176
12 $100.00
11:119212012 544.00
Witi2013
W202013 $45.1.99
21112013 $X
3/19013$27.9 4
=013 $15.55
472013 $6600
7/2612013 532.00
13 $37_24
13 566_98
11/162012 $3196
4E43 $21.14
13 $22,09
.512412013 5.101„10
07/2013 $37.24
13 5.1 0617
13 j.39.29
IM012 $106„ 19
13 $106,19
PUBLIC NOTICE
NOTICE IS HEREBY GIVEN THAT, the Chief Financial Officer of
the City of Huntington Orange, State Beach, County of Oraale of California,
declares that the following monetiry sums have been held by the
Chief Financial Officer and have remained unclaimed in the funds
hereafter included for a period of over three (3) years and will bp.
caine the properly of the My of Huntington Beach an the 12
ckly of October, 2017 al SAO Pli‘ a date not less. then forty-five (45)
days nor more than sixty ((0) days after fi rst publication of this No-
tice.
Any party of interest rnan_prior to the date designated herein above,
file a claim with the Chief Financial Officer which includes the claim-
ants ricrrie, address., amount of claim, the grounds on which the claim
is founded and the dote, name, amount, cowl heading shown in this no-
tice.. The Chief Financial Officer may accept or reject the claim. If
rejected by the Chief Financial Officer, the p arty submitting the
claim may, within 20 days of receiving notice of rejection. file and
serve on the Chief Financial Officer a veri fi ed complaint seeking to
recover all, or a designated part, of the uncicinied funds. Claim
vflrinin:r CarraciglataltricagoviUnc loinicxl Funds,
Name
AG IC JENANA
B W RANDALL LUMBER CO
BALAKANH NiANSOUR
BANTOFT YVONNE M
BBI AUTO SPORTS
BEHRLE NICOLE
BELLA TERRA ASSOC LLC
BEW1CKTERRY
BOLLER DANTON
BONA GEN N INA
BROOKHURST AUTOSPA LLC
BUDA VLAD
CHACE GEORGE
CHRISTENSEN JULIE
COATES MARION
CONNELL WILLIAM
E ICH JAMES E
ELGAWALI MONA
ENDLESS SUMMER LLC
ENVI RONMENTAL
RESOLUTIONS INC
ET YEME ZIAN RAFFY
FOREMOST IN PACKAGING
SYSTEMS INC
GUZMAN JOSHUA A
HART DIANNE E
H El ER G RACE
HELMS, JASON M
INTERCEL CO
KENNYJEFFREY
KERRY CONTRACTORS INC
KIM DIANE
K LOVAS BRIAN
LEITCH NATHAN
LLOYD RICHARD
MASON JENNIFER
MURO CHRISTIAN
NABER SALIM
NETTLES DONNA
NORWOOD RALPH
OC REO TEAM INC
ORANGE COUNTY
SUPERIOR COURT
PACHECO MICHAEL
PAD ILLA JUDITH
PETRY TYLER
PHILLIPS LAURA
PONSFORD REGINALD
QUACH ANDY
REICH ERIN
ROCKING BAJA COASTAL
CANTINA
ROCKING BAJA COASTAL
CANTINA
ROMERO RACHEL
ROTH E RT CHARLES
SAAB AHMAD
SALCIDO ARTHUR
WINKER KATE
STAUFFERRICK
STELMACH MA-El-HEW
STUART PAUL
THOMAS KATHLEEN
TORO MARIANA
TRANGHIEN
VONDE TOM
'WEBB RON
WESTGATE SANDRA
WRIGH_,T JOHN
'WRIGHT, JOHN
Publish:: The Huntington Beach Wave J uly 27, August3, 2017 10904378
HB -25-Item 2. - 8
CLAIM FORM - UNCLAIMED FUNDS
Original Payee Name:
Claimant Name: ________________________________________ Phone #: _________________________
(if different)
Current Address:
DL#: SS#/TIN: Phone #:
(Individuals: please attach a copy of your driver’s license)
Address when check was written:
Reason for original check issue (if known):
Original Check: Date: Amount:
In consideration thereof, it is agreed that the undersigned, the heirs, executors, successors or assigns of the undersigned, will
indemnify and hold harmless the City of Huntington Beach, or assigns, from and against any and all claims, liability, loss,
damage, expenses, counsel fees and costs arising through or by reason of any endorsement, presentation, negotiation,
collection or any attempt at collection or negotiation of the Original Check or the Replacement Check by the undersigned,
the employees, or agents of the undersigned. In the event the Original check shall be found, the undersigned agrees to
deliver to cause the same to be delivered to the City of Huntington Beach for cancellation and to reimburse the City of
Huntington Beach for all expenses incurred by reason of the issuance of the Replacement Check.
Authorized Signature: ________________________________________ Date: _________________________
Name (Print): ______________________________________ Title: __________________________________
Please mail back to: City of Huntington Beach
Attn: Chief Financial Officer – Unclaimed Funds
P.O. Box 190
Huntington Beach, CA 92648-0190
CITY OF HUNTINGTON BEACH
FINANCE DEPARTMENT
P.O. BOX 190
HUNTINGTON BEACH, CALIFORNIA 92648-0190
TELEPHONE: (714) 536-5200 FAX: (714) 536-5934
www.huntingtonbeachca.gov/unclaimedfunds
City of Huntington Beach Use Only
Finance City Treasurer
Confirmed item on outstanding check list Name/Date: __________________ Check if O/S at bank ______________________________________
Input & Processed claim Name/Date: ________________________________ Void check at bank _______________________________________
Replacement Check: Check # _________________ Check Date: __________ Authorize reissue of check _________________________________
In order to process a replacement check and claim these funds, the City of Huntington
Beach Chief Financial Officer must receive this form no later than September 12, 2017
HB -26-Item 2. - 9
UNCLAIMED FUNDS LIST
Check Date Payee Name Check Amount
02/05/16 ERIC ACUNA 14.76$
07/08/16 FRANK ANTONIO 5.09$
04/01/16 LUIS ARMENDARIZ 6.21$
02/12/16 ANNE ASHBY 10.31$
07/08/16 BANK OWNED WORLD 12.47$
02/19/16 DAVID BIDNICK 13.54$
02/12/16 MANUAL CARBAJAL 6.81$
02/12/16 MICHAEL CONNER 6.77$
02/12/16 DANIEL DAVIS 9.20$
04/01/16 GLEN DICKEY 6.61$
07/29/16 MICHAEL EISNER 12.50$
10/09/15 KIMBERLY FRANTZ 13.72$
02/12/16 SONJA HAWLEY 10.00$
10/09/15 HEARTHSIDE HOMES 7.70$
07/08/16 KRISTEN KAHN 6.11$
01/08/16 DANIELLE KANGAS 6.98$
09/02/16 LEXINGTON MGMT LLC 7.68$
10/30/15 PATRICIA MCINTYRE 5.00$
10/09/15 SHIHO MIYAGISHMA 7.20$
10/30/15 TINA PICKELL 5.87$
10/30/15 JERRY POLITY 6.47$
04/01/16 REGINALD PONSFORD 5.62$
04/29/16 MARIANNE SHAW 6.65$
02/05/16 KERRI SIMONS 6.56$
04/01/16 LISE SLOAN-VENSTRA 5.12$
02/12/16 KIM B. STOBIE 8.38$
10/09/15 JOHN TENGAN 7.29$10/09/15 JOHN TENGAN 7.29$
10/09/15 TRACI THOMPSON 7.90$
07/08/16 HECTOR VILLELA 6.66$
09/02/16 ANDREW YEISER 6.00$
09/02/16 SHIRLEY YEUNG 5.65$
10/09/15 MICHAEL YOUNESSI 7.18$
Total checks 1 year old and under $15.00 254.01$
Check Date Payee Name Check Amount
08/09/13 JENANA AGIC 85.00$
09/20/13 B W RANDALL LUMBER CO 17.78$
04/12/13 MANSOUR BALAKANH 100.00$
11/16/12 YVONNE BANTOFT 351.55$
09/20/13 BBI AUTO SPORTS 208.22$
03/08/13 NICOLE BEHRLE 54.48$
08/09/13 TERRY BEWICK 36.42$
02/08/13 DANTON BOLLER 45.77$
09/20/13 GENNINA BONA 39.66$
02/22/13 BROOKHURST AUTOSPA LLC 79.31$
12/14/12 VLAD BUDA 115.04$
09/20/13 GEORGE CHACE 17.21$
02/08/13 JULIE CHRISTENSEN 85.55$
09/20/13 MARION COATS 75.00$
06/07/13 WILLIAM CONNELL 44.68$
09/20/13 JAMES EICH 59.77$
HB -27-Item 2. - 10
UNCLAIMED FUNDS LIST
Check Date Payee Name Check Amount
06/14/13 MONA ELGAWALI 31.29$
02/22/13 ENDLESS SUMMER LLC 82.24$
02/22/13 ENVIRONMENTAL RESOLUTIONS INC 39.89$
02/22/13 RAFFY ETYEMENZIAN 34.78$
05/24/13 FOREMOST IN PACKAGING SYSTEMS 106.20$
03/08/13 JOSUHA GUSMAN 84.50$
06/07/13 DIANNE HART 39.62$
05/31/13 GRACE HEIER 30.00$
02/22/13 JASON HELMS 23.79$
05/24/13 INTERCEL CO. 118.32$
09/20/13 JEFFREY KENNY 20.82$
02/22/13 KERRY CONTRACTORS INC 53.89$
02/22/13 DIANE KIM 38.88$
03/08/13 BRIAN KLOVAS 33.36$
05/17/13 NATHAN LEITCH 18.00$
03/08/13 RICHARD LLOYD 31.00$
06/14/13 JENNIFER MASON 32.48$
06/07/13 CHRISTIAN MURO 41.33$
05/24/13 SALIM NABER 62.31$
02/22/13 DONNA NETTLES 40.07$
09/20/13 RALPH NORWOOD 68.18$
02/22/13 OC REO TEAM INC 135.90$
09/06/13 ORANGE COUNTY SUPERIOR COURT 125.00$
02/08/13 MICHAEL PACHECO 94.17$
08/23/13 JUDITH PADILLA 68.77$
06/14/13 TYLER PETRY 31.33$
05/24/13 LAURA PHILLIPS 87.32$05/24/13 LAURA PHILLIPS 87.32$
08/23/13 REGINALD PONSFORD 53.76$
11/02/12 ANDY QUACH 100.00$
10/12/12 ERIC REICH 44.00$
03/08/13 ROCKING BAJA COASTAL CANTINA 663.48$
09/20/13 ROCKING BAJA COASTAL CANTINA 454.99$
02/01/13 RACHEL ROMERO 30.00$
03/08/13 CHARLES ROTHERT 27.94$
03/08/13 AHMAD SAAB 15.55$
04/05/13 ARTHUR SALCIDO 66.00$
07/26/13 KATE SKINKER 32.00$
02/22/13 RICK STAUFFER 37.24$
05/24/13 MATTHEW STELMACH 66.98$
11/16/12 PAUL STUART 33.96$
03/08/13 THOMAS KATHLEEN 21.14$
09/20/13 MARIANA TORO 22.09$
05/24/13 NIEN TRANG 101.10$
06/07/13 TOM VONDE 37.24$
09/20/13 RON WEB 106.17$
09/20/13 SANDRA WESTGATE 39.29$
12/21/12 JOHN G. WRIGHT 106.19$
08/30/13 JOHN G. WRIGHT 106.19$
Total Checks 3 years and older and over $15.00 5,154.19$
TOTAL 5,408.20$
HB -28-Item 2. - 11
Dept. ID PW 17-056 Page 1 of 2
Meeting Date: 10/16/2017
Statement of Issue:
The Public Works Department is currently designing traffic signal modifications at the intersection of
Gothard Street and Center Avenue (CC-1489). The west-leg of the intersection is an entry
driveway into Golden West College and the property is owned by the Coast Community College
District (CCCD). The proposed intersection improvements will require encroachment into CCCD
property. In order to place traffic signal equipment and complete the necessary curb ramp and
roadway improvements at the intersection, a Temporary Construction Easement (TCE) will be
required from the CCCD.
Financial Impact:
Funds for the construction of the traffic signal modification is included in the approved FY 2017/18
budget. No additional funding is necessary for this action.
Recommended Action:
Approve and authorize the Director of Public Works to execute a temporary Construction Easement
Deed with the Coast Community College District at the intersection of Gothard Street and Center
Avenue.
Alternative Action(s):
Do not authorize the Director of Public Works to Execute a Temporary Construction Easement
Deed and direct staff with an alternate action
Analysis:
In October 2013, the City of Huntington Beach applied for a federal Highway Safety Improvement
Program (HSIP) grant to install north-south left-turn arrows at the intersection of Gothard Street and
Center Avenue. These improvements include the replacement of existing traffic signal poles and
the reconstruction of the west-leg driveway approach into Golden West College to achieve
conformance with the Americans with Disability Act (ADA) requirements. As these improvements
will require encroachment into approximately 40 feet of Coast Community College District property,
a temporary construction easement (TCE) will be required. The City prepared the TCE and
submitted it to the CCCD where it has been executed by their Chancellor.
Public Works Commission Action:
Not required.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/16/2017
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 the Director of Public Works to execute a temporary
Construction Easement Deed with the Coast Community College District at the
intersection of Gothard Street and Center Avenue
HB -29-Item 3. - 1
Dept. ID PW 17-056 Page 2 of 2
Meeting Date: 10/16/2017
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Temporary Construction Easement Deed with the Coast Community College District at the
Intersection of Gothard Street and Center Avenue, executed by the Chancellor of the
CCCD.
HB -30-Item 3. - 2
By:
Ygl.tn Wetsef e,,,t rilv-vs
(NAME PRINTED)
By:
(NAME PRI-141'FM
Witness my hand:
SIGNATURE
RECORDING REQUESTED BY
CITY OF HUNTINGTON BEACH
and when recorded mail to:
City Clerk
City of Huntington Beach
P.O. Box 190
Huntington Beach, Ca. 92648
Space above this line for Recorder's use
AP No 142-072-02 & 142-072-03
TEMPORARY CONSTRUCTION EASEMENT DEED
I HEREBY DECLARE THE DOCUMENT TRANSFER
TAX IS $ 0 CONSIDERATION IS LESS THAN $100.00.
THE TAX IS:
COMPUTERIZED ON FULL VALUE OF PROPERTY CONVEYED OR,
COMPUTED ON FULL VALUE LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE
TRAVIS K. HOPKINS — CITY OF HUNTINGTON BEACH
APPROVED A
ICHAEL E. GATES
CITY ATTORNEY
TV OF HUNTINGTON BEACH
VIC.° DAL4kt1
do(es) hereby GRANT to the CITY OF HUNTINGTON BEACH (Grantee), a municipal cdrporation, a temporary easement and
right of way for street and public utility purposes in, on, over, under and across all that real property in the CITY OF
HUNTINGTON BEACH,
County of Orange, State of California, described as follows:
AS SHOWN ON EXHIBITS "A" AND "B" ATTACHED HERETO AND MADE A PART HEREOF.
Said temporary easement shall commence forty-eight (48) hours after grantee provides written notification to Grantor of its intent to
commence construction, and, except as otherwise provided below, shall terminate and be of no further force or effect immediately (1)
upon acceptance of the improvements by the City of Huntington Beach or (2) upon the expiration of four months after the completion
of improvements, whichever is earlier in time.
SIGNATURE OF DECLARANT OR AGENT- FIRM NAME
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
COAST COMMUNITY COLLEGE DISTRICT (Grantor)
Grantee shall defend, indemnify and save the Grantor
harmless from all liabilities, claims, or damages for injuries to, or death of, any
and all persons, and for any property damages or losses, that are based upon or
or arise out of any construction work or activities performed in connection with
or pursuant to this easement, which liabilities, claims, damages or losses are caused
by or a result of any acts, errors or omissions on the part of Grantee or any of
Grantee's agents, representatives, employees, personnel, contractors, or
subcontractors.
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 C.) 01/4\41%k )
) SS
County of 01 Xnc../ )
On this 25,ikS\ 2a1 before me,
DAY, MO H AND YEAR
k OW\
INSERT N ME AND TITLE OF NOTARY
personally appeared
SIGNATORIES' NAME
who proved to me on the basis of satisfactory evidence to be the perso9 whose name.()
i /are subscribed to the within insiament and acknowledged to me that
/she/they executed the same in her/their authorized cap acityi5, and that by
h /her/their signaturs(,)'on the instrument the pers9.(s), or the entity upon behalf of which
the personcted, 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.
CAPACITY CLAIMED BY SIGNER
O INDIVIDUAL
El CORPORATE
E'OFFICER(S) Chance-Mr
TITLE(S)
O PARTNER(S) LIMITED
GENERAL
0 ATTORNEY-IN-FACT
O TRUSTEE(S)
El GUARDIAN/CONSERVATOR
OOTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) OR ENTITY(IES)
00,--SA (-0 n^ AAUP All I 128(—
1)
LYNDSEY OLSON
Commission No.2163076 g
NOTARY PUBLIC-CALIFORNIA 2
ORANGE COUNTY
My Comm. Expires AUGUST 19, 2020 I
(PLACE NOTARY SEAL ABOVE)
HB -31-Item 3. - 3
Exhibit A
Legal Description
THAT PARCEL OF LAND LOCATED IN THE CITY OF HUNTINGTON BEACH,
COUNTY OF ORANGE, STATE OF CALIFORNIA, BEING A PORTION OF THE
NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 14, AN
D
THE NORTHWEST QUARTER, OF THE SOUTHEAST QUARTER, OF THE
SOUTHWEST QUARTER OF SECTION 14, BOTH LOCATED IN TOWNSHIP 5
SOUTH, RANGE 11 WEST, SAN BERNARDINO MERIDIAN AS SHOWN ON THE
MAP FILED IN BOOK 51, PAGE 13 OF MISCELLANEOUS MAPS, IN RECOR
D
S
OF SAID COUNTY. THE INTENT OF THIS LEGAL DESCRIPTION IS TO
DESCRIBE AN EASEMENT OVER A PORTION OF SAID PARCELS OF LAND,
FOR TEMPORARY CONSTRUCTION PURPOSES, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER, OF THE WEST HALF, OF THE
NORTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF SAID SECTION
14, SAID POINT OF COMMENCEMENT BEING THE CENTERLINE INTERSECTIO
N
OF GOTHARD STREET AND CENTER AVENUE (FORMERLY CENTER STREET)
AS SHOWN ON PARCEL MAP 81-571, FILED IN BOOK 169, PAGES 45 AND
46 OF PARCEL MAPS, IN SAID COUNTY RECORDS, THENCE WESTERLY,
SOUTH 8932'15" WEST, 40.00 FEET ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER, OF THE SOUTHWEST QUARTER, OF SAID SECTIO
N
14, TO A POINT SAID POINT BEING THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION, SAID POINT ALSO BEING A POINT ALONG THE WESTERLY LINE OF THAT STREET AND PUBLIC UTILITY EASEMENT
DEDICATED TO THE CITY OF HUNTINGTON BEACH RECORDED 10/08/196
4
,
IN BOOK 7252, PAGE 365 OF OFFICIAL RECORDS, OF SAID COUNTY AND
SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE CONCAVE
TO THE EAST AND HAVING A RADIUS OF 540,00 FEET, A RADIAL LINE TO SAID TRUE POINT OF BEGINNING BEARS NORTH 8920'29" EAST;
THENCE NORTHERLY ALONG SAID WESTERLY LINE, THROUGH A CENTRAL
ANGLE OF 0451'03", AND ARC LENGTH OF 45.72' TO A POINT, A RADIAL
LINE TO SAID POINT BEARS NORTH 8548'28" WEST;
THENCE LEAVING SAID WESTERLY LINE NON-TANGENT TO SAID CURVE, SOUTH 44'32'15" WEST, 11.55 FEET TO A LINE PARALLEL WITH AND 37.50 FEET NORTHERLY OF SAID NORTH LINE OF THE SOUTHEAST QUARTER
O
F
THE SOUTHWEST QUARTER, OF SAID SECTION 14;
TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTION
H
E
E
1 OF 2
PORTION OF A.P.N.'S 142-072-02 AND 142-072-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
HB -32-Item 3. - 4
MO
-) EXP. 12-31-17
4v
L.)
OHEIE1T 2 OF 2
Exhibit A
Legal Description
(CONTINUED)
THENCE ALONG SAID PARALLEL LINE SOUTH 89'32 1 15" WEST, 34.61 FEET;
THENCE SOUTHERLY AT RIGHT ANGLES TO SAID PARALLEL LINE, SOUTH
0027'45" EAST, 67.50 FEET TO A LINE PARALLEL WITH AND 30.00 FEET
SOUTHERLY OF SAID NORTH LINE OF THE SOUTHEAST QUARTER, OF SAID
SOUTHWEST QUARTER;
THENCE EASTERLY ALONG LAST SAID PARALLEL LINE NORTH 8932 1 15"
EAST, 33.10 FEET;
THENCE LEAVING SAID PARALLEL LINE, SOUTH. 4527 1 45" EAST, 9.93 FEET,
TO THE WESTERLY LINE OF THAT STREET AND PUBLIC UTILITY EASEMENT
DEDICATED TO THE CITY OF HUNTINGTON BEACH, RECORDED 10/08/1964,
IN BOOK 7252, PAGE 370 OF OFFICIAL RECORDS, OF SAID COUNTY;
THENCE NORTHERLY ALONG SAID WESTERLY LINE NORTH 0039'31" WEST,
37.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION;
CONTAINING 2771 SQUARE FEET (0.06 ACRES), MORE OR LESS.
SUBJECT TO ALL COVENANTS, RIGHTS, RIGHTS-OF-WAYS AND
EASEMENTS OF RECORD.
EXHIBIT "B" ATTACHED AND BY THIS REFERENCE MADE A PART HEREOF.
JOSEPH G. DERLETH
PLS 7340, EXPIRES 12/31/17
7344,/,
TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTION
PORTION OF A.P.N.'S 142-072-02 AND 142-072-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
HB -33-Item 3. - 5
SCALE r 20'
10'
EXISTING
CONCRETE CURB i
AND GUTTER
OHEET 1 OF 1
REFERENCE:
) = RECORD PER PARCEL MAP 81-571, FILED IN BOOK, 169,
PAGES 45 AND 46 OF P.M.B.
LEGEND:
POINT OF COMMENCEMENT, SE COR, W 1/2, NE 1/4, SW 1/4,
SEC 14, T5S, R11W, PER M.M. 51/13, IN THE RANCHO LAS BOLSAS.
PORTION OF NE 1/4, OF THE SW 1/4, SEC 14, 15S, R11W, PER
M.M. 51/13, IN THE RANCHO LAS BOLSAS.
PORTION OF NW 1/4, OF THE SE 1/4, OF THE SW 1/4, SEC 14,
T5S, RI1W, PER M.M. 51/13, IN THE RANCHO LAS BOLSAS.
Exhibit B
r9
!rT4-4-i
r-9
EXISTING\I
1 10,
CONCRETE CURB! d
AND GUTTER I id
I IR. 40'
Cf)
= TEMPORARY CONSTRUCTION EASEMENT AREA,
DESCRIBED IN EXHIBIT "A" CONTAINING
2771 SQ FT (0.06 ACRES), MORE OR LESS.
EXISTING
CONCRETE
CURB
LINE TABLE:
Li= S 4432'15 W, 11.55'
L2= S 4527'45" E, 9.93'
L3= N 0039'31" W, 37.02'
CURVE TABLE:
C1= A= 0451'03",
RAD= 540. 00', L= 45.72'
-1;
(N 8932'15" E
-\ NORTH LINE OF THE
SE 1/4, OF THE
SW 1/4, OF SEC 14.
pArow- 1114 Me4PIWA F .4 r 1
EXISTING
CONCRETE
CURB
20'
2-R -Ar—A r Orem- /46TAr A(_V • N 8932'15 E,
33.10'
TRUE POINT OF
EGINNING
40.CTC-7
CENTER AVENUE
N 89'20'29" E,RAD
WEST LINE OF i o
STREET AND (); PUBLIC UTILITY Ito.
EASEMENT PER
7252/370 O.R. I '
EAST LINE, W
1/2, SW 1/4, 1
SEC 14.)
32'
32.1 -------t-t-
or 0
WEST LINE OF I I 0 M
STREET AND
PUBLIC UTILITY 0,11 1-r- ej
EASEMENT PER
7252/365 O.R.
.C214 1\5 7:1 21:.4 rn
40'
TEMPORARY CONSTRUCTION EASEMENT AREA LEGAL DESCRIPTION
PORTION OF A.P.N.'S 142-072-02 AND 142-072-03
CITY OF HUNTINGTON BEACH
DEPARTMENT OF PUBLIC WORKS
HB -34-Item 3. - 6
Dept. ID ED 17-25 Page 1 of 2
Meeting Date: 10/16/2017
Statement of Issue:
The City Council is asked to approve Resolution No. 2017-50, approving a Small Cell Site License
Agreement Template, delegating authority to the City Manager and City Attorney to execute on
behalf of the City. This action is consistent with the Huntington Beach Zoning and subdivision
Ordinance Section 230.69.
Financial Impact:
Revenue generated from each small cell site (City-owned street light) is estimated to be $1,500 per
year and will go into the General Fund.
Recommended Action:
A) Adopt Resolution No. 2017-50, "A Resolution of the City Council of the City of Huntington
Beach Approving the Template Small Cell License Agreement and Delegating the Authority to
the City Manager and City Attorney to Execute Small Cell License Agreements on Behalf of the
City of Huntington Beach;” and,
B) Authorize and approve the annual lease rate of $1,500 per pole for small cell attachments on
City-owned street lights.
Alternative Action(s):
Do not authorize and direct staff accordingly.
Analysis:
On August 7, 2017, the City Council adopted Zoning Text Amendment (ZTA) No. 17-003 to amend
the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.69 which revised
the review process in which pole mounted small cell sites are reviewed in accordance with City
design standards and approved with the issuance of a Wireless Permit. In addition, the City is
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/16/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Kellee Fritzal, Deputy Director, Business Development
SUBJECT: Adopt Resolution No. 2017-50 approving a Small Cell Site License Agreement
Template and delegating authority to the City Manager and City Attorney to
execute on behalf of the City
HB -35-Item 4. - 1
Dept. ID ED 17-25 Page 2 of 2
Meeting Date: 10/16/2017
finalizing its acquisition of the 10,000 streetlights from Southern California Edison, upon which
carriers will mount their small cell sites.
The Wireless Permit streamlined the process in which small cell sites are deployed on non-City-
owned utility poles and City-owned streetlight poles. The Wireless Permit requires that any wireless
carrier interested in mounting a small cell facility on a City-owned streetlight must enter into a
separate Small Cell License Agreement (“Agreement”) with the City. The attached Agreement will
serve as a template by which wireless carriers and the City will execute as approved by the City
Attorney’s Office. The Agreement will address terms such as: rent, duration of contract, insurance
requirements, no interference with public safety, indemnification, and default.
The current approval process for Agreements requires City Council approval. However, due to the
volume of available street lights, multiple carriers have already shown interest in deploying small
cell equipment on the City-owned street lights. In addition, staff has been receiving inquiries from
wireless carriers about Agreement requirements. The standardization of the Agreement by the City
Council will allow for a non-partial process. The Agreements will take effect on the date the small
cell facility is mounted on the streetlight pole.
The draft Agreement was developed and circulated to the following wireless carriers and related
companies for input: AT&T, Mobilitie, Verizon, and Crown Castle. The wireless carriers submitted
feedback regarding the initial term of the Agreement, the number of extensions, termination, and
the ability to assign the agreement. Staff in conjunction with the City Attorney’s office revised the
template to accommodate the industry’s needs while protecting the City.
Staff also conducted an extensive small cell attachment survey in order to determine market rates
for street light lease/license rates. The rates were obtained from other public agencies that have
similar wireless ordinances and lease/license their street lights. The survey disclosed rental rates
from $94/pole annually to $2,780/pole annually. Based on the data from the survey, staff
recommends an annual license rate of $1,500/street light pole.
SB 649
California State Senate Bill 649 (Hueso) was recently introduced prohibiting municipalities from
discretionary review of small cell wireless attachments as they affect adopted land uses and design
criteria. In addition to the elimination of discretionary review, SB 649 will severely limit the amount
of revenue collected by municipalities to $250/year per attachment, which would limit funding for
basic city services. SB 649, in its current version, does not void existing agreements regarding
leasing or licensing of vertical infrastructure, so long as it is executed prior to the effective date of
the legislation (Government Code Section 65964.2 [h] pending approval). SB 649 was adopted by
the State Assembly and the State Senate and is awaiting approval or veto by the Governor. The
approval of the Agreement will allow staff to negotiate and secure small cell licenses with the
wireless carriers prior to the effective date of the legislation, thereby maximizing revenue potential.
Environmental Status: Not applicable
Strategic Plan Goal: Strengthen economic and financial sustainability
Attachment(s):
1. Resolution No. 2017-50, including Exhibit “A” Small Cell License Agreement Template
2. Rental Rate Survey
HB -36-Item 4. - 2
RESOLUTION NO. 2017-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE TEMPLATE SMALL CELL LICENSE AGREEMENT AND
DELEGATING THE AUTHORITY TO THE CITY MANAGER AND CITY ATTORNEY TO
EXECUTE SMALL CELL LICENSE AGREEMENTS ON BEHALF OF THE CITY OF
HUNTINGTON BEACH
WHEREAS, on August 7, 2017 the Huntington Beach City Council held a public hearing
in which it adopted Ordinance No. 4136 amending Chapter 230 of the Huntington Beach Zoning
and Subdivision Ordinance relating to Wireless Communications Facilities (Zoning Text
Amendment No. 17-003) ("Wireless Ordinance"); and
The City of Huntington Beach has acquired a significant number of street lights, located
within the public rights-of-way, from Southern California Edison ("SCE"); and
The City Council desires to provide fair, reasonable, nondiscriminatory, and
nonexclusive access to City-owned streetlights within the public rights-of-way to wireless
telecommunication companies ("Wireless Carriers") to install utility mounted telecommunication
equipment on City-owned street lights and other vertical infrastructure as identified by the City
in accordance with a License Agreement, and the Wireless Ordinance, for purposes of increasing
wireless coverage in underserved portions of the City; and
The Wireless Ordinance requires Wireless Carriers to enter into a license agreement to
install Small Cell Sites on City-owned street lights; and
In order to expedite the approval process of Small Cell Sites, the City Council desires to
create a template agreement to be used with certain licensing of City property to Wireless
Carriers pursuant to the City's Wireless Ordinance and to delegate authority to the City Manager
and City Attorney to execute the License Agreement attached hereto; and
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
Section 1. The City Council hereby approves the Small Cell License Agreement
template, attached hereto as Exhibit "A" and incorporated herein by reference.
Section 2. The City Council hereby authorizes the City Manager and City Attorney to
enter into Small Cell License Agreements on behalf of the City in the form attached hereto.
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HB -37-Item 4. - 3
REVIEWED AND APPROVED
City Manager
INITIATED AND APPROVED
r Office of Business
RESOLUTION NO. 2017-50
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the day of October, 2017.
Mayor
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HB -38-Item 4. - 4
EXHIBIT A
SMALL CELL LICENSE AGREEMENT
THIS SMALL CELL LICENSE AGREEMENT (the "Agreement") is dated as of
, 20 (the "Effective Date"), and entered into by and between the
City of Huntington Beach, a municipal corporation of the State of California
("LICENSOR" or "City"), and
("LICENSEE").
Recitals
A. WHEREAS, the LICENSOR is the owner of certain Poles located in the
Rights-of-Way of the City of Huntington Beach; and
B. WHEREAS, LICENSEE desires to use space on certain of the
LICENSOR's Poles for installation, operation and maintenance of its Small Cell and/or
Equipment, permitted by the Federal Communications Commission ("FCC") and in
accordance with all Laws including but not limited to FCC rules and regulations and the
City's Municipal Code; and
D. WHEREAS, LICENSEE wishes to locate, place, attach, install, operate,
control, and maintain Small Cell and/or Equipment on the Poles in the Rights-of-Way,
owned by the LICENSOR; and
E. WHEREAS, LICENSEE acknowledges that before obtaining a license,
LICENSEE must first obtain a Site License.
F. WHEREAS, LICENSEE is willing to compensate the LICENSOR in
exchange for a grant and right to License portions of the Poles.
Agreement
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the parties agree to the following
covenants, terms, and conditions:
I. DEFINITIONS. The following definitions shall apply generally to the
provisions of this Agreement:
1.1 Equipment. "Equipment" means the equipment cabinets, antennae, high
power radios (up to 2), utilities and underground fiber optic cables, wires, meters
and related equipment, whether referred to singly or collectively, to be installed
and operated by LICENSEE only as approved by the City under a particular
Wireless Permit and that comprise a Small Cell installation.
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HB -39-Item 4. - 5
1.2 Information service. "Information service" means generating, acquiring,
storing, transfoiming, processing, retrieving, utilizing, or making available
information and content via telecommunications, and includes electronic
publishing, as the same may evolve over time.
1.3 Laws. "Laws" means any and all applicable Federal, State and Local
statutes, constitutions, ordinances, resolutions, regulations, judicial decisions,
rules, tariffs, administrative orders, certificates, orders, or other legal requirements
as such Laws may be amended from time to time.
1.4 Municipal Facilities. "Municipal Facilities" means LICENSOR-owned
property including City-owned Light Poles ("Poles" or "City Poles"), lighting
fixtures, or electroliers located within the ROW and may refer to such facilities in
the singular or plural, as appropriate to the context in which used.
1.5 Network. "Network" or collectively "Networks" means the
telecommunication network operated by LICENSEE to serve its customers.
1.6 Poles. "Poles" shall mean any pole(s) that is owned and/or Licensed by
the LICENSOR.
1.7 PUC. "PUC" means the California Public Utilities Commission.
1.8 Rights-of-Way. "Rights-of-Way" or "ROW" means public property
including air space, owned, dedicated, granted, held, prescriptively used, by
LICENSOR or otherwise authorized by patent of the United States of America,
for or by LICENSOR.
1.9 Small Cell. "Small Cell" shall mean equipment at a node/location that
transmits and/or provides connection to a mobile communication system and
complies with Huntington Beach Municipal Code and Public Works Design
Standards and be affixed to an existing City Pole including a light standard.
1.10 Site. "Site" shall mean the location of the Pole(s) described in Exhibit
"A" and depicted in Exhibit "B", attached hereto.
1.11 Site Permit. "Site Permit" shall mean a Permit pursuant to Section
12.13.010 of the City of Huntington Beach Municipal Code and a Wireless Permit
as set forth pursuant to Huntington Beach Zoning and Subdivision Ordinance
("HBZSO") Section 230.96.
1.12 Telecommunications Services. "Telecommunications Services" or
"Services" has the same meaning as that term is defined in the United States
Code, 47 U.S.C. 153 (53) or any other use authorized by and licensed to
LICENSEE by the FCC.
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HB -40-Item 4. - 6
2. TERM.
2.1 The initial term of this Agreement shall be for a period of ten (10) years
(the "Initial Term"), commencing on the first day of the month following mutual
execution of this Agreement (the "Agreement Commencement Date") and ending
on the tenth anniversary thereof, or until the expiration of the Site Permit
whichever is first or unless sooner terminated as stated herein. The Initial Term
may be extended for two (2) additional five (5) year periods upon mutual consent
of City and Licensee, evidenced in writing. City may withhold consent to extend
this Agreement with or without cause, in which case this Agreement shall
terminate.
2.2. The initial term for each particular Site shall be the first day of the month
following the date LICENSEE has commenced installation of its Small Cell
and/or Equipment at a particular location pursuant to the Site Permit (the
"Commencement Date") and shall be for an initial term of ten (10) years ("Site
Initial Term"). In no event shall the Commencement Date be later than 60 days
from approval of the Site Permit, and within 180 days if a new pole is to be
installed. Should LICENSEE fail to commence construction within the 60 or 180
day period, the License as to that Small Cell shall terminate.
2.3. The Site Permit Initial Term and all Site Permit Renewal Terms shall be
collectively referred to herein as the "Site Pemiit Term." Notwithstanding
anything herein, after the expiration of this Agreement, its terms and conditions
shall survive and govern with respect to any remaining Small Cell location that
has a Site Permit in effect until the expiration or termination of the Site License.
3. REPRESENTATION CONCERNING SERVICES; TERMINATION
WITHOUT CAUSE. This License shall automatically terminate without any
notice from City in the event the LICENSEE ceases to operate as a provider of
Telecommunications Services under applicable Federal, State or Local law or the Site is
found to jeopardize public health and safety. In the event the License terminates as
described above, LICENSEE shall remove its Small Cell and/or Equipment no later than
90 days from the date of such termination at its sole cost and expense, and shall be
required to return the site to its condition prior to installation as required by the City
Engineer at the Licensee's sole cost and expense.
In the event the LICENSOR at its sole discretion determines LICENSEE has failed to
fulfill its obligation as provided under this License Agreement, LICENSOR shall provide
LICENSEE written notice detailing the obligations which the LICENSOR claims
LICENSEE has failed to fulfill and notify LICENSEE that it is deemed to be in breach of
this License Agreement. LICENSEE shall have 30 days to remedy breach. If breach is
not cured within 30 days, then the LICENSOR may terminate the Agreement by issuing
written notice to LICENSOR and this License Agreement shall terminate no sooner than
ten (10) days from the date of issuance of the notice. Upon termination, LICENSEE shall
remove its Equipment pursuant to Section 6.4. LICENSEE may terminate this License
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HB -41-Item 4. - 7
Agreement by providing LICENSOR with 60-day written notice. In the event the
License, with the exception of hazardous conditions that jeopardize public health and
safety, is terminated, City shall determine at its sole discretion whether any particular Site
Permit shall also Terminate and in the case of any Site Permit terinination, LICENSOR
shall remove all Small Cell components and/or Equipment from City ROW installed
pursuant to this License Agreement no later than 90 days from the date of such
termination and return the ROW (including Light Pole) to its condition before the
installation at Licensee's sole cost.
4. SCOPE OF AGREEMENT. Any and all rights expressly granted to LICENSEE
under this License Agreement, which shall be exercised at LICENSEE' s sole cost and
expense, shall be subject to the prior and continuing right of the LICENSOR under
applicable Laws to use any and all parts of the ROW exclusively or concurrent licenses
with any other person or entity and shall be further subject to all deeds, easements,
dedications, conditions, covenants, restrictions, encumbrances, and claims of title of
record which may affect the ROW as of the date of the individual Site.
4.1 Plan for Attachment to City Poles or Municipal Facilities. Prior to
installation, LICENSEE will submit to the authorized representative of the
LICENSOR a proposed plan for the design for any proposed Small Cell
installations that will include all Equipment LICENSEE proposes to use.
LICENSEE shall include in the plan proof of Insurance, a provision to provide
City employees and contractors with safety training related to the Small Cell
and/or Equipment and installations. City may reject the plan including any
component thereto at its sole discretion and said Small Cell shall not be allowed
as part of this License Agreement. Any approved Plan shall be included as part of
an applicable Site Permit.
4.1.1 Subject to the conditions of this License Agreement and as
authorized by the Huntington Beach Municipal Code including the
HBZSO, LICENSEE may enter upon the ROW to locate, place, attach,
install, operate, maintain, control, remove, reattach, reinstall, relocate, and
replace Small Cell and/or Equipment permitted and approved by the City
in or on City Pole providing Telecommunications Services.
4.1.2 LICENSEE will make arrangements with Southern California
Edison to provide the Equipment with power as approved in the
construction plans. Payment for said power is the sole responsibility of
LICENSEE. LICENSEE will power its equipment in a way as to reduce
the disruption to City-owned equipment or facilities. All work
subcontracted by Licensee, including electric work, shall be performed by
a licensed contractor that is approved by the LICENSOR.
4.1.3 Prior to execution of any License to install or operate a Small Cell,
Licensee shall obtain and/or possess any required City, State of Federal
permits or licenses.
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HB -42-Item 4. - 8
4.1.4 If LICENSEE selects a Pole that is structurally inadequate to
accommodate Equipment, at the City's sole discretion with prior written
approval, LICENSEE may, at its sole cost and expense, replace the Pole (a
"Replacement Pole") with one that is acceptable to and approved by the
LICENSOR and dedicate such Replacement Pole to the LICENSOR.
4.2 No Interference. LICENSEE in the performance and exercise of its
rights and obligations under this Agreement shall not interfere in any manner with
the existence and operation of any and all public and private rights-of-way,
sanitary sewers, water mains, storm drains, gas mains, poles, aerial and
underground electrical and telephone wires, traffic signals, wired and wireless
telecommunications facilities owned by the LICENSOR or Third Party;
electroliers, cable television, location monitoring services, public safety and other
then existing telecommunications equipment, utility, or municipal property,
without the express written approval of the owner or owners of the affected
property or properties, except as permitted by applicable Laws or this Agreement.
However, the LICENSOR agrees that its tenants, licensees, or users of the ROW
who currently have or in the future take possession of space within the ROW
within three hundred feet (300') of any LICENSEE Small Cells will be permitted
to install only such components and/or equipment that is of the type and
frequency which will not cause harmful interference which is measurable in
accordance with then existing industry standards to the then existing equipment of
LICENSEE.
4.3 Permits; Default. Whenever LICENSEE is in default of this Agreement
or an applicable Permit, after notice and a 30-day cure period in any of its
obligations under this Agreement, the LICENSOR may suspend this License and
deny encroachment, excavation or similar work until such time as LICENSEE
cures all of its defaults.
4.4 No Authorization to Provide Other Services. LICENSEE represents,
warrants and covenants that its Small Cell and/or Equipment installed pursuant to
this Agreement and each Site Permit will be utilized solely for providing the
Telecommunications Services identified herein and LICENSEE is not authorized
to and shall not use its Small Cell and/or Equipment to offer or provide any other
services not specified herein.
4.5 Nonexclusive Use Rights. Notwithstanding any other provision of this
Agreement, any and all rights expressly or impliedly granted to LICENSEE under
this Agreement shall be non-exclusive, and shall be subject and subordinate to
LICENSOR use of the ROW including: (1) the continuing right of the
LICENSOR to use, and to allow any other person or persons to use, any and all
parts of the ROW or Municipal Facilities, exclusively or concurrently with any
other person or persons, and (2) the public easement for streets and any and all
other deeds, easements, dedications, conditions, covenants, restrictions,
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HB -43-Item 4. - 9
. encumbrances and claims of title (collectively, "Encumbrances") which may
affect the ROW or Municipal Facilities now or at any time during the term of this
Agreement, including, without limitation any Encumbrances granted, created or
allowed by the LICENSOR at any time.
5. COMPENSATION. LICENSEE shall be solely responsible for the payment of
all fees in connection with LICENSEE's performance under this Agreement, including
those set forth below.
5.1 License Fee. In order to compensate the LICENSOR for LICENSEE's
entry upon and deployment of Small Cell and/or Equipment on City-owned Poles,
LICENSEE shall at the commencement of each Site Term, pay to the
LICENSOR, on an annual basis, an amount of one thousand five hundred dollars
($1,500.00) per Pole (the "License Fee"). LICENSEE shall make the first
payment of License Fee under any Site Permit within thirty (30) days of the full
execution of the Acknowledgment. Thereafter, License Fee shall be paid on or
before each anniversary of the Commencement Date during the Site Petutit Term.
5.2 License Fee Adjustment. Effective on the first anniversary of the
Commencement Date of any Site Permit Term, and continuing annually thereafter
during the applicable Site Term, the License Fee shall be subject to adjustment
("Adjusted License Fee"), in the manner hereinafter set forth, with a floor of 3%
and a ceiling of 8% every year, for increases in the index known as United States
Department of Labor, Bureau of Labor Statistics, Consumer Price Index, All
Urban Consumers, Los Angeles-Anaheim-Riverside Statistical Area Average, All
Items, (1982 84=100) ("CPI") or the successor index that most closely
approximates the CPI. In no event shall the Adjusted License Fee, after
adjustment under the provisions set forth above, be less than the amount of
License Fee in effect hereunder immediately prior to such adjustment.
5.3 Business License. The Licensee shall obtain a Business License from the
City and pay all applicable taxes, or fees associated with perfotmanee of the terms
contained herein.
5.4 Payment. LICENSEE shall pay the License Fee monthly to City at the
City Treasurer's Office, P.O. Box 711, Huntington Beach, California, 92648, or at
such other place or places as City may from time-to-time designate by written
notice delivered to LICENSEE. LICENSEE shall pay the License Fee, which
must be received by the City Treasurer within fifteen (15) calendar days ("Due
Date") on the anniversary of the Commencement Date, or on the next business
day if the fifteenth day falls on a weekend or holiday. License Fee mailed
payments shall be deemed paid upon the date such payment is officially
postmarked by the United States Postal Service. If postmarks are illegible to read,
the payment shall be deemed paid upon actual receipt. LICENSEE assumes all
risk of loss and responsibility for late payment charges if payments are made by
mail.
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HB -44-Item 4. - 10
Notwithstanding the foregoing, upon agreement of the parties, LICENSEE may
pay License Fee by electronic funds transfer and in such event, the LICENSOR
agrees to provide to LICENSEE bank routing information for such purpose upon
request of LICENSEE.
5.5 Delinquent Payment. If LICENSEE fails to pay any amounts due
pursuant to this Agreement after sixteen (16) days from the Due Date, or the next
business day if the day falls on a weekend or holiday, LICENSEE shall pay the
following late charge and penalty: a late payment charge shall equal ten percent
(10%) of the amount due to the City, or ten percent (10%) of the amount
remaining unpaid to the City if a portion was timely paid. Interest shall accrue on
all unpaid monies due, exclusive of late payment charges, at the rate of one half of
one percent per month of the total amount due from the date the amount becomes
delinquent until the date that all delinquent amounts are paid to the City.
5.6 Additional Remedies. The remedy provisions set forth in §5.5 above are
not exclusive, and do not preclude the LICENSOR from pursuing any other or
additional remedy including terminating this License agreement and all permits
issued thereto in the event that payments become overdue by more than 60 days.
6. CONSTRUCTION. LICENSEE shall comply with all applicable Federal, State,
and City codes related to the construction, installation, operation, maintenance, and
control of LICENSEE's Small Cell and/or Equipment installed in the ROW. Except as
otherwise provided herein, LICENSEE shall not attach, install, maintain, or operate any
Small Cell and/or Equipment in or on the ROW without obtaining all City permits
including a wireless pelniit and with additional prior written approval of an authorized
representative of the LICENSOR for each location.
6.1 Obtaining Required Site Permits. LICENSEE shall apply for and obtain
all appropriate peunits and pay all applicable permit fees and/or taxes as a
condition precedent to installation of any Small Cell and/or Equipment
contemplated in this License Agreement. LICENSEE shall maintain all
appropriate permits and pay all applicable permit fees and/or taxes.
6.2 Relocation and Displacement of Equipment. LICENSEE understands,
acknowledges and agrees that LICENSOR may require LICENSEE to relocate
one or more of its Small Cell and/or Equipment installations. LICENSEE shall at
LICENS OR's direction and upon ninety (90) days prior written notice to
LICENSEE, relocate such Small Cell and/or Equipment at LICENSEE's sole cost
and expense whenever LICENSOR reasonably determines that the relocation is
needed for any of the following purposes: (a) if required for the construction,
modification, completion, repair, relocation, or maintenance of a LICENSOR or
other public agency project; (b) because the Small Cell and/or Equipment is
interfering with or adversely affecting proper operation of LICENSOR-owned
Poles, traffic signals, communications, or other Municipal Facilities; or (c) to
protect or preserve the public health or safety including aesthetics as determined
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HB -45-Item 4. - 11
by the LICENSOR at its sole discretion. In any such case, LICENSOR shall use
reasonable efforts to afford LICENSEE a reasonably equivalent alternate location.
If LICENSEE shall fail to relocate any Small Cell and/or Equipment as requested
by the LICENSOR in accordance with the foregoing provision, LICENSOR shall
be entitled to remove or relocate the Small Cell and/or Equipment at
LICENSEE' s sole cost and expense, without further notice to LICENSEE.
LICENSEE shall pay to the LICENSOR actual costs and expenses incurred by the
LICENSOR in performing any removal work and any storage of LICENSEE's
property after removal within thirty (30) days of the date of a written demand for
this payment from the LICENSOR. To the extent the LICENSOR has actual
knowledge thereof, the LICENSOR will attempt promptly to inform LICENSEE
of the displacement or removal of any Pole on which any Small Cell and/or
Equipment is located. If the Municipal Facility is damaged or downed for any
reason, and as a result is not able to safely hold the Equipment, the LICENSOR
will have no obligation to repair or replace such Municipal Facility for the use of
LICENSEE's Equipment and assume no loss whatsoever to LICENSEE.
LICENSEE shall bear all risk of loss as a result of damaged or downed Municipal
Facilities pursuant to §6.8 below, and may choose to replace such Municipal
Facilities pursuant to the provisions of §4.1.5 above.
63 Damages Caused by LICENSEE. LICENSEE shall, at its sole cost and
expense and to the satisfaction of the LICENSOR: (a) remove, repair or replace
any of its Small Cell and/or Equipment that is damaged or becomes detached;
and/or (b) repair any damage to ROW, City Pole or other property, whether public
or private, caused by LICENSEE, its agents, employees or contractors in their
actions relating to attachment, operation, repair or maintenance of Small Cell
and/or Equipment. If LICENSEE does not remove, repair or replace such damage
to its Small Cell and/or Equipment or to ROW, City Pole of Facilities or other
property, the LICENSOR shall have the option, upon 30 days' prior written notice
to LICENSEE, to perform or cause to be performed such removal, repair, or
replacement on behalf of LICENSEE and shall charge LICENSEE for the actual
costs incurred by the LICENSOR. If such damage causes a public health or
safety emergency, as reasonably determined by the LICENSOR, the LICENSOR
may immediately perform reasonable and necessary repair or removal work on
behalf of LICENSEE and will notify LICENSEE as soon as practicable; provided,
such repair work only involves reattachment of LICENSEE's Small Cell and/or
Equipment to a Pole or repair of the Pole itself, and shall not include any technical
work on LICENSEE's Equipment. Upon the receipt of a demand for payment by
the LICENSOR, LICENSEE shall within 30 days of such receipt reimburse the
LICENSOR for such costs. The terms of this provision shall survive the
expiration, completion or earlier termination of this Agreement.
6.4 Removal of Equipment. Within 90 days after the expiration or earlier
termination of this Agreement, and/or a Site Permit, LICENSEE shall at its sole
cost, safely and carefully remove the Small Cell and/or Equipment from all
Municipal Facilities and ROW. Such obligation of LICENSEE shall survive the
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HB -46-Item 4. - 12
expiration or earlier termination of this Agreement. If LICENSEE fails to
complete this removal work pursuant to this Section, then the LICENSOR, upon
written notice to LICENSEE, shall have the right at the LICENSOR's sole
election, but not the obligation, to perform this removal work and charge
LICENSEE for the actual costs and expenses, including, without limitation,
reasonable administrative costs. LICENSEE shall pay to the LICENSOR actual
costs and expenses incurred by the LICENSOR in performing any removal work
and any storage of LICENSEE's property after removal within thirty days of the
date of a written demand for this payment from the LICENSOR. After the
LICENSOR receives the reimbursement payment from LICENSEE for the
removal work performed by the LICENSOR, the LICENSOR shall promptly
make available to LICENSEE the property belonging to LICENSEE and removed
by the LICENSOR pursuant to this Section at no liability to the LICENSOR. If
the LICENSOR does not receive reimbursement payment from LICENSEE
within such thirty days, or if LICENSOR does not elect to remove such items at
the LICENSOR's cost after LICENSEE's failure to so remove pursuant to this
Section, or if LICENSEE does not remove LICENSEE's property within 30 days
of such property having been made available by the LICENSOR after
LICENSEE's payment of removal reimbursement as described above, any items
of LICENSEE's property remaining on or about the ROW, Municipal Facilities,
or stored by the LICENSOR after the LICENSOR's removal thereof may, at the
LICENSOR's option, be deemed abandoned and the LICENSOR may dispose of
such property in any manner by Law. If LICENSOR incurs e-waste and
hazardous disposal fees as part of any Federal, State, or Local regulatory
environmental requirements, LICENSOR shall have the option to bill LICENSEE
for said disposal fees and LICENSEE agrees to reimburse LICENSOR within
thirty (30) days of receiving reimbursement request. Alternatively, the
LICENSOR may elect to take title to abandoned property, provided that
LICENSEE shall submit to the LICENSOR an instrument satisfactory to the
LICENSOR transferring to the LICENSOR the ownership of such property. The
provisions of this Section shall survive the expiration or earlier termination of this
Agreement.
6.5 Risk of Loss. LICENSEE acknowledges and agrees that LICENSEE,
subject to the twins of this Agreement bears all risks of loss or damage or
relocation or replacement of its Small Cell and/or Equipment and materials
installed in the ROW or on Municipal Facilities pursuant to this Agreement from
any cause, and the LICENSOR shall not be liable for any cost of replacement or
of repair to damaged Equipment, including, without limitation, damage caused by
the LICENSOR's removal of the Equipment, except to the extent that such loss or
damage was caused by the willful misconduct or negligence of the LICENSOR,
including, without limitation, each of its elected officials, department directors,
managers, officers, agents, employees, and contractors, subject to the limitation of
liability provided in §7.2 below.
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7. INDEMNIFICATION AND WAIVER. LICENSEE agrees to indemnify,
defend, protect, and hold harmless the City of Huntington Beach, its City Council or any
elected official its members, officers, officials, employees or agents from and against any
and all claims, demands, losses, including Pole warranty invalidation, damages,
liabilities, fines, charges, penalties, administrative and judicial proceedings and orders,
judgments, and all costs and expenses incurred in connection therewith, including
attorney's fees and costs of defense (collectively, the "Losses") resulting from this
Agreement, except to the extent that the Losses are caused by the LICENSOR's sole
negligence or willful misconduct.
7.1 Waiver of Claims. LICENSEE waives any and all claims, demands,
causes of action, and rights it may assert against the LICENSOR on account of
any loss, damage, or injury to any Small Cell and/or Equipment or any loss or
degradation of the Telecommunications Services or Information Service as a
result of any event or occurrence which is beyond the reasonable control of the
LICENSOR.
7.2 Waiver of Subrogation. The parties hereby waive and release any and all
rights of action for negligence against the other which may hereafter arise on
account of damage to Municipal Facilities, Small Cell or to the ROW, resulting
from any fire, or other casualty of the kind covered by standard fire insurance
policies with extended coverage, regardless of whether or not, or in what
amounts, such insurance is now or hereafter carried by the parties, or either of
them. These waivers and releases shall apply between the parties and they shall
also apply to any claims under or through either party as a result of any asserted
right of subrogation. All such policies of insurance obtained by either party
concerning the Municipal Facilities, Small Cell or the ROW shall waive the
insurer's right of subrogation against the other party.
7.3 Limitation on Consequential Damages. Neither party shall be liable to
the other, or any of their respective agents, representatives, employees for any lost
revenue, lost profits, loss of technology, rights or services, incidental, punitive,
indirect, special or consequential damages, loss of data, or interruption or loss of
use of service, even if advised of the possibility of such damages, whether under
theory of contract, tort (including negligence), strict liability or otherwise
8. SECURITY FOR PERFORMANCE. Before any construction begins in the
ROW by LICENSEE, and if requested by LICENSOR, LICENSEE shall provide the
LICENSOR with performance bonds, and if considered necessary by the LICENSOR,
payment bonds, in amounts equal to the full amount of the replacement of each Pole. The
payment bond shall be solely for the protection of claimants supplying labor or materials
for the required construction work and the performance bond shall be solely for the
protection of the LICENSOR, conditioned upon the faithful performance of the required
construction work. Bonds shall be executed by a surety company duly authorized to do
business in Huntington Beach, and acceptable to the LICENSOR and shall be kept in
place for the duration of the work.
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HB -48-Item 4. - 14
9. INSURANCE. LICENSEE shall obtain and maintain at all times during the term
of this Agreement Commercial General Liability insurance with a limit of $2,000,000 per
occurrence for bodily injury and property damage and $2,000,000 general aggregate
including premises-operations, contractual liability, personal injury and products
completed operations; and Commercial Automobile Liability insurance covering all
owned non-owned and hired vehicles with a limit of $1,000,000 each accident for bodily
injury and property damage. In any case, the Commercial General Liability insurance
policy shall name the LICENSOR, its commission members, officers, and employees as
additional insured as respects any covered liability arising out of LICENSEE's
performance of work under this Agreement. Coverage shall be in an occurrence form
and in accordance with the limits and provisions specified herein. Upon receipt of notice
from its insurer LICENSEE shall use its best efforts to provide the LICENSOR with
thirty (30) days prior written notice of cancellation. LICENSEE shall be responsible for
notifying the LICENSOR of such change or cancellation.
9.1 Filing of Certificates and Endorsements. Prior to the commencement of
any work pursuant to this Agreement, LICENSEE shall file with the LICENSOR
the required certificate(s) of insurance with blanket additional insured
endorsements, which shall state the following:
(a) the policy number; name of insurance company; name and address
of the agent or authorized representative; name and address of insured;
project name; policy expiration date; and specific coverage amounts;
(b) that LICENSEE's Commercial General Liability insurance policy
is primary as respects any other valid or collectible insurance that the
LICENSOR may possess, including any self-insured retentions the
LICENSOR may have; and any other insurance the LICENSOR does
possess shall be considered excess insurance only and shall not be
required to contribute with this insurance; and
(c) that LICENSEE's Commercial General Liability insurance policy
waives any right of recovery the insurance company may have against the
LICENSOR.
The certificate(s) of insurance with endorsements and notices shall be mailed to
the LICENSOR at the address specified in §10 below.
9.2 Workers' Compensation Insurance. LICENSEE shall obtain and
maintain at all times during the term of this Agreement statutory workers'
compensation and employer's liability insurance in an amount not less than One
Million Dollars ($1,000,000) and shall furnish the LICENSOR with a certificate
showing proof of such coverage.
9.3 Insurer Criteria. Any insurance provider of LICENSEE shall be
admitted and authorized to do business in the State of California and shall carry a
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HB -49-Item 4. - 15
minimum rating assigned by A.M Best & Company's Key Rating Guide of "A"
Overall and a Financial Size Category of "VII."
9.4 Severability of Interest. "Severability of interest" or "separation of
insureds" clauses shall be made a part of the Commercial General Liability and
Commercial Automobile Liability policies.
10. NOTICES.
10.1 Method and Delivery of Notices. All notices which shall or may be
given pursuant to this Agreement shall be in writing and delivered personally or
transmitted (a) through the United States mail, by registered or certified mail,
postage prepaid; or (b) by means of prepaid overnight delivery service, addressed
as follows:
if to the LICENSOR:
City of Huntington Beach
Office of Business Development
Attention: Deputy Director
1685 Main Street
Huntington Beach, CA 90401
if to LICENSEE..
10.2 Date of Notices; Changing Notice Address. Notices shall be deemed
given upon receipt in the case of personal delivery, three days after deposit in the
mail, or the next business day in the case of facsimile, email, or overnight
delivery. Either party may from time to time designate any other address for this
purpose by written notice to the other party delivered in the manner set forth
above.
11. RESERVED
12. ASSIGNMENT. This Agreement may be assigned by LICENSEE to any parent
company, subsidiary, affiliate, or corporation that shall control, be under the control of, or
be under common control of the LICENSEE or to any entity into which LICENSEE may
have merged, consolidated, acquired the assets of the LICENSEE that are subject to this
Agreement in its entirety, substantially, or partially, with the express written consent of
the LICENSOR, of which consent shall not be unreasonably withheld.
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HB -50-Item 4. - 16
13. RECORDS; AUDITS.
13.1 Records Required by Code. LICENSEE will maintain complete records
pursuant to all applicable Laws.
13.2 Additional Records. The LICENSOR may require such additional
reasonable non-confidential information, records, and documents from
LICENSEE from time to time as are appropriate in order to reasonably monitor
compliance with the terms of this Agreement.
13.3 Production of Records. LICENSEE shall provide such records within
twenty (20) business days of a request by the LICENSOR for production of the
same unless additional time is reasonably needed by LICENSEE, in which case,
LICENSEE shall have such reasonable time as needed for the production of the
same. If any person other than LICENSEE maintains records on LICENSEE's
behalf, LICENSEE shall be responsible for making such records available to the
LICENSOR for auditing purposes pursuant to this Section.
14. MISCELLANEOUS PROVISIONS. The provisions that follow shall apply
generally to the obligations of the parties under this Agreement.
14.1 Waiver of Breach. The waiver by either party of any breach or violation
of any provision of this Agreement shall not be deemed to be a waiver or a
continuing waiver of any subsequent breach or violation of the same or any other
provision of this Agreement.
14.2 Severability of Provisions. If any one or more of the provisions of this
Agreement shall be held by a court of competent jurisdiction in a final judicial
action to be void, voidable, or unenforceable, such provision(s) shall be deemed
severable from the remaining provisions of this Agreement and shall not affect the
legality, validity, or constitutionality of the remaining portions of this Agreement.
Each party hereby declares that it would have entered into this Agreement and each
provision hereof regardless of whether any one or more provisions may be declared
illegal, invalid, or unconstitutional.
14.3 Contacting LICENSEE. LICENSEE shall be available to the staff
employees of any LICENSOR department having jurisdiction over LICENSEE's
activities 24 hours a day, seven days a week, regarding problems or complaints
resulting from the attachment, installation, operation, maintenance, or removal of
the Equipment. The LICENSOR may contact by telephone the network control
center operator at telephone number regarding such
problems or complaints.
14.4 Governing Law; Jurisdiction. This Agreement shall be governed and
construed by and in accordance with the laws of the State of California, without
reference to its conflicts of law principles with jurisdiction in the courts of the
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HB -51-Item 4. - 17
County of Los Angeles. If suit is brought by a party to this Agreement, the parties
agree that trial of such action shall be vested exclusively in the state courts of
California,
14.5 Attorneys' Fees. Should any dispute arising out of this Agreement lead
to litigation, the prevailing party shall NOT be entitled to recover its costs of suit,
including (without limitation) reasonable attorneys' fees.
14.6 Consent Criteria. In any case where the approval or consent of one party
hereto is required, requested or otherwise to be given under this Agreement, such
party shall not unreasonably delay, condition, or withhold its approval or consent.
14.7 Representations and Warranties. Each of the parties to this Agreement
represents and warrants that it has the full right, power, legal capacity, and
authority to enter into and perform the party's respective obligations hereunder
and that such obligations shall be binding upon such party without the
requirement of the approval or consent of any other person or entity in connection
herewith, except as provided in § 4.2 above. This Agreement shall not be
revocable or terminable except as expressly permitted herein.
14.8 Amendment of Agreement. This Agreement may not be amended except
pursuant to a written instrument signed by both parties.
14.9 Entire Agreement. This Agreement contains the entire understanding
between the parties with respect to the subject matter herein. There are no
representations, agreements, or understandings (whether oral or written) between
or among the parties relating to the subject matter of this Agreement which are
not fully expressed herein. In witness whereof; and in order to bind themselves
legally to the terms and conditions of this Agreement, the duly authorized
representatives of the parties have executed this Agreement as of the Effective
Date.
14.10 Public Records. LICENSEE acknowledges that information submitted to
the LICENSOR may be open to public inspection and copying under state law.
14. 11 Non-Exclusive Remedies. No provision in this Agreement made for the
purpose of securing enforcement of the terms and conditions of this Agreement
shall be deemed an exclusive remedy or to afford the exclusive procedure for the
enforcement of said terms and conditions, but the remedies herein provided are
deemed to be cumulative.
14.12 No Third-Party Beneficiaries. It is not intended by any of the provisions
of this Agreement to create for the public, or any member thereof; a third-party
beneficiary right or remedy, or to authorize anyone to maintain a suit for personal
injuries or property damage pursuant to the provisions of this Agreement. The
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HB -52-Item 4. - 18
duties, obligations, and responsibilities of the LICENSOR with respect to third
parties shall remain as imposed by state law.
14.13 Construction of Agreement. The terms and provisions of this
Agreement shall not be construed strictly in favor of or against either party,
regardless of which party drafted any of its provisions. This Agreement shall be
construed in accordance with the fair meaning of its terms.
14.14 Effect of Acceptance. LICENSEE (a) accepts and agrees to comply with
this Agreement and all applicable federal, state and local laws and regulations; (b)
agrees that this Agreement was granted pursuant to processes and procedures
consistent with applicable law; and (c) agrees that it will not raise any claim to the
contrary or allege in any claim or proceeding against the LICENSOR that at the
time of acceptance of this Agreement any provision, condition or term of this
Agreement was unreasonable or arbitrary, or that at the time of the acceptance of
this Agreement any such provision, condition or term was void or unlawful or that
the LICENSOR had no power or authority to make or enforce any such provision,
condition or term.
14.15 Time is of the Essence. Time is of the essence with regard to the
performance of all of LICENSEE' s obligations under this Agreement.
14.16 Compliance with Law. LICENSEE shall at all times comply with all
applicable Federal, State and Local laws and regulations, including any permit
requirements or conditions.
[Signature page follows]
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HB -53-Item 4. - 19
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed the
day and year first above written.
"LICENSEE"
"LICENSOR" and "CITY"
CITY OF HUNTINGTON BEACH,
municipal corporation of the State of
California
By:
City Manager
Its:
APPROVED AS TO FORM:
City Attorney N,t
Exhibits:
Exhibit A — GPS Coordinates & Depiction
Exhibit B - Site Permit
By:
Its:
17-59521167054/RLS 8/2/17/mv 16
HB -54-Item 4. - 20
Exhibit "A"
GPS Coordinates
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HB -55-Item 4. - 21
Exhibit "B"
Map
17-5952/1670541RLS 8/2/17/mv 18
HB -56-Item 4. - 22
No. AgencyStreetlight Pole Owner (Agency or SCE) Rent/Pole/yearTerm (Years) Renewals EscalationCity of Aliso Viejo SCE Not ApplicableCity of Anaheim Anaheim 94.00$ 20 Automatic NoneCity of Brea SCE Not ApplicableCity of Buena Park SCE Not ApplicableCity of Dana Point SCE Not ApplicableCity of Fountain Valley Fountain Valley 2,000.00$ 10 2(5‐year) 3%City of Fullerton SCE Not ApplicableCity of Huntington Beach Huntington Beach 1,500.00$ 10 2(5‐YEAR) 3%<CPI<8%City of Garden Grove SCE Not ApplicableCity of Irvine SCE Not ApplicableCity of La Habra SCE Not ApplicableCity of La Palma SCE Not ApplicableCity of Laguna Beach SCE Not ApplicableCity of Laguna Hills SCE Not ApplicableCity of Laguna Nigel SCE Not ApplicableCity of Laguna Woods SCE Not ApplicableOrange County CitiesCity of Lake Forest SCE Not ApplicableCity of Los Alamitos SCE Not ApplicableCity of Mission Viejo SCE Not ApplicableCity of Newport Beach Newport Beach 2,790.00$ 10 3%City of Orange SCE Not ApplicableCity of Placentia SCE Not ApplicableCity of Rancho Santa Margarita SCE Not ApplicableCity of San Clemente SCE 966.00$ 10 2(5‐YEAR) 3%City of San Juan Capistrano SCE Not ApplicableCity of Santa Ana Santa Ana Not AvailableCity of Seal Beach SCE Not ApplicableCity of Stanton SCE Not ApplicableCity of Tustin Finalizing Acquisition from Edison Not ApplicableCity of Villa Park SCE Not ApplicableCity of Westminster SCE Not ApplicableHB -57-Item 4. - 23
City of Yorba Linda SCE Not ApplicableCity of Arcadia Arcadia 1,500.00$ 20 2(5‐year) 3%City of Encinitas Encinitas 1,000.00$ 20 None 3%City of Los Angeles Los Angeles 700.00$ 10 3(5‐YEAR) 2.50%City of Pomona Pomona 700.00$ 20 Automatic 3%City of Redondo Beach Redondo Beach 1,000.00$ 10 3(5‐YEAR) 3%City of San Diego San Diego 4,000.00$ 10 2(5‐year) 3%LOS ANGELES COUNTY CITIESHB -58-Item 4. - 24
Dept. ID CD 17-013 Page 1 of 2
Meeting Date: 10/16/2017
Statement of Issue:
Transmitted for City Council’s consideration is a request to amend an existing contract between the
City of Huntington Beach and CSG Consultants, Inc. The contract for Building Plan Review
Services would be increased by $340,000. A contract amendment is needed to continue to provide
building plan review services.
Financial Impact:
The CSG Consultants’ contract amendment will not require additional appropriation as it will be
funded from salary savings of $133,690 in FY17/18 account 10060501.51100 and available funds
of $206,310 in Community Development FY17/18 approved budget, account 10060501.69365.
Recommended Action:
A) Approve the increase in the Community Development Department’s professional services listing
authority by $133,690 for building plan review services to ensure compliance with Administrative
Regulation Number 228, Section 7.1; and,
B) Approve and authorize the Mayor and City Clerk to execute: “Amendment No. 1 to Agreement
between the City of Huntington Beach and CSG Consultants, Inc. for Plan Review Services.”
(Attachment No. 1)
Alternative Action(s):
1. Deny the Amendment between the City and CSG Consultants, Inc.
2. Continue the item and direct staff accordingly.
Analysis:
Applicants who submit construction drawings for plan check review to the City pay fees for these
services and expect reasonable service levels. When City staff can no longer meet the demands of
increased development activity, these services have historically been supplemented with
professional services provided by engineering consultants. This approach is a cost effective
method of closing the gap between the demands for plan check services and the ability of City staff
to meet this demand.
CITY OF HUNTINGTON BEACH
REQUEST FOR. CITY COUNCIL ACTION
MEETING DATE: 10/16/2017
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Scott Hess, AICP, Director of Community Development
SUBJECT: Approve and authorize execution of Amendment No. 1 to an existing
Professional Services Contract between the City of Huntington Beach and CSG
Consultants, Inc. for Plan Review Services in the amount not to exceed
$340,000; and approve the increase in the Community Development
Department’s Professional Services Listing Authority by $133,690
HB -59-Item 5. - 1
Dept. ID CD 17-013 Page 2 of 2
Meeting Date: 10/16/2017
On September 8, 2015, the City of Huntington Beach approved a three-year, five hundred thousand
dollar ($500,000) contract with CSG Consultants, Inc. for Building Plan Review Services. The
original contract was funded with approved budgeted funds from fiscal years 2015/2016 and
2016/2017. The proposed Amendment No. 1 is a request to increase the original contract by
$340,000. The appropriation for this additional amount will be through available funds of $206,310
in the Community Development Professional Services account and salary savings of $133,690 in
the adopted FY17/18 Budget.
Since the approval of the contract, all funds have been expended for building plan review services
to meet the expected demand for building plan check services. Currently, there is no staff to
perform certain plan review services (specifically structural building plan checks). Therefore,
outside consultants are continuing to be used.
Professional services contracts have been utilized to satisfy the increase in demand for plan review
services since there is no staff to do this work. There is no impact to the General Fund. All costs
are supported by building permit fees.
Environmental Status:
The request is exempt pursuant to Section 15061(b) (3) of the California Environmental Quality Act.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Amendment No. 1 to Agreement between the City of Huntington Beach and CSG Consultants,
Inc. for Plan Review Services.
2. Professional Services Contract between the City of Huntington Beach and CSG Consultants,
Inc. for Building Plan Review Services, dated September 8, 2015
3. Insurance Certificate
4. CSG’s Huntington Beach Business License
HB -60-Item 5. - 2
AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE
CITY OF HUNTINGTON BEACH AND CSG CONSULTANTS, INC.
FOR
PLAN REVIEW SERVICES
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 CSG CONSULTANTS, INC., a California corporation, hereinafter referred
to as "CONSULTANT".
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated September 8, 2015, entitled "Professional Services Contract Between the City of
Huntington Beach and CSG, Consultants, Inc. for Plan Review Services," which
agreement shall hereinafter be referred to as the "Original Agreement;" and
Since the execution of the Original Agreement, CITY and CONSULTANT wish
to amend the Original Agreement to reflect the additional work to be performed by
CONSULTANT, and the additional compensation to be paid in consideration thereof by
CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. ADDITIONAL WORK
CONSULTANT shall provide to CITY such additional services as
required by CITY, as described in the Original Agreement.
2. ADDITIONAL COMPENSATION
In consideration of the additional services to be performed hereunder as
described in Section 1 above, CITY agrees to pay CONSULTANT and CONSULTANT
agrees to accept from CITY as full payment for services rendered, an additional sum not
to exceed Three Hundred Forty Thousand Dollars ($340,000), in addition to the original
amount of Five Hundred Thousand Dollars ($500,000) for a new not to exceed total of
Eight Hundred Forty Thousand Dollars ($840,000).
3. REAFFIRMATION
Except as specifically modified herein, all other tenas and conditions of
the Original Agreement shall remain in full force and effect.
17-6022/165548/RLS 9/14/17/DO 1
HB -61-Item 5. - 3
AND
By: City Clerk
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers on
CONSULTANT:
CSG CONSULTANTS, INC.,
a California corporation
By:
CY RU RWLt OUR, PC, PIS
pi nt name
ITS: (circle one) ChairrrianALIceiTi; Vice President
CITY:
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
Mayor
ATTEST:
print name
ITS: (circle one) Chief Financial Officer/
Dii--eaot7 Off'Commun ty Development
IEWED AND APPROVED:
City Manager
17-6022/165548/RLS 9/14/17/DO 2
Asst. Secretary — Treasurer, Executive Director
HB -62-Item 5. - 4
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CSG CONSULTANTS, INC.
FOR
PLAN REVIEW 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 CSG CONSULTANTS, INC, a California Cmporation hereinafter referred to as
"CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to perform professional
plan review 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 Khoa Duong 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.
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HB -63-Item 5. - 5
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on N$E-PreMe F: 20 Ar. (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three (3) years from the Commencement Date. The time for performance of the tasks
identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be
amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT.
In the event the Commencement Date precedes the Effective Date, CONSULTANT
shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees to
pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is
attached hereto and incorporated by reference into this Agreement, a fee, including all costs and
expenses, not to exceed five hundred thousand Dollars ($500,000).
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."
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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
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HB -65-Item 5. - 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 C1TY'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 perfon -ned 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:
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HB -66-Item 5. - 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
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HB -67-Item 5. - 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
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HB -68-Item 5. - 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: Scott Hess
2000 Main Street
Huntington Beach, CA 92648
TO CONSULTANT:
Khoa Duong
CSG Consultants, Inc
801 Park Center Dr., #230
Santa Ana, CA 92705
khoa@csgengr.com
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/prolessional svcs mayor 7 of .1.
10/12
HB -69-Item 5. - 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 hall 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/profess onal svcs mayor
8 of 10
10/12
HB -70-Item 5. - 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 nonprev ailing 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/ surf-net/professional svcs mayor
9 ofl. 0
10/12
HB -71-Item 5. - 13
nt name
ITS (circle °Le) (LIlhairmanr;Idet—DVice President
By:
ITS: (cir;
Secretary -
print name
Secretary/Chief Financial Officer/Asst.
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
10 of 1 0
City Attorney
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 exhibitA, contain the entire agreement between the
parties respecting the subject matter of this Agreement, and supersede all prior understandings and
agreements whether oral or in writing between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
This Agreement shall be effective on the date of its approval by the City Council.
This Agreement shall expire when terminated as provided herein.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers.
CONSULTANT,
CSG Consultants, Inc
COMPANY NAME
agree! surfnet/professional ayes mayor
10/12
HB -72-Item 5. - 14
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
California Code of Regulations, Title 24
Part 1 California Building Standards Administrative Code
Part 2 California Building Code
Part 2.5 California Residential Building Code
Part 3 California Electrical Code
Part 4 California Mechanical Code
Part 5 California Plumbing Code
Part 6 California Energy Code
Part 7 (No longer published in Title 24. See Title 8, CCR)
Part 8 California Historical Building Code
Part 9 California Fire Code
Part 10 California Existing Building Code
Part 11 California Green Building Standards Code
Part 12 California Reference Standards Code
Huntington Beach Municipal Code
Noise Attenuation and local requirements
Federal Flood Plan Regulations (FEMA)
B. CONSULTANTS DUTIES AND RESPONSIBILITIES:
1. CSG shall pay all wages to its plan reviewers who are subject to this agreement.
C. CITY'S DUTIES AND RESPONSIBILITIES:
1. City shall quality control calculations by CSG.
EXHIBIT A
HB -73-Item 5. - 15
D. WORK PROGRAM/PROJECT SCHEDULE:
City to provide plans for plan review on an as need basis.
EXHIBIT A
HB -74-Item 5. - 16
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:
Certified Plan Review $75.00 per hour
Structural Plan Review/Prof Engineer $85.00 per hour
Structural Plan Review/Structural Eng $95.00 per hour
Offsite Plan review Services 55% of the City's Plan Check Fee Collected for
Projects of $1,000,000 or under in valuation
50% of the City's Plan Check Fee Collected for
projects that exceed $1,000,000 in valuation
B. Travel Charges for time during travel are not reimbursable.
C. Billing
1. All billing shall be done monthly in fifteen (15) minute increments and matched to an
appropriate breakdown of the time that was taken to perform that work and who
performed it.
2. Each month's bill should include a total to date. That total should provide, at a glance,
the total fees and costs incurred to date for the project.
3. A copy of memoranda, letters, reports, calculations and other documentation prepared
by CONSULTANT may be required to be submitted to CITY to demonstrate progress
toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
4. CONSULTANT shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
1
Exhibit B
HB -75-Item 5. - 17
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.
5. Any billings for extra work or additional services authorized in advance and in writing
by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly
rate charged for such time. Such invoices shall be approved by CITY if the work
performed is in accordance with the extra work or additional services requested, and if
CITY is satisfied that the statement of hours worked and costs incurred is accurate.
Such approval shall not be unreasonably withheld. Any dispute between the parties
concerning payment of such an invoice shall be treated as separate and apart from the
ongoing performance of the remainder of this Agreement.
2
Exhibit B
HB -76-Item 5. - 18
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
CSG CONSULTANTS, INC
FOR
PLAN REVIEW SERVICES
Table of Contents
1 Scope of Services 1
2 City Staff Assistance 2
3 Term; Time of Performance 2
4 Compensation 2
5 Extra Work 2
6 Method of Payment 3
7 Disposition of Plans, Estimates and Other Documents 3
8 Hold Harmless 3
9 Professional Liability Insurance 4
10 Certificate of Insurance 5
11 Independent Contractor 6
12 Termination of Agreement 6
13 Assignment and Delegation 6
14 Copyrights/Patents 7
15 City Employees and Officials 7
16 Notices 7
17 Consent 8
18 Modification 8
19 Section Headings 8
20 Interpretation of this Agreement 8
21 Duplicate Original 9
22 Immigration 9
23 Legal Services Subcontracting Prohibited 9
24 Attorney's Fees 10
25 Survival 10
26 Governing Law 10
27 Signatories 10
28 Entirety 10
29 Effective Date 1 0
HB -77-Item 5. - 19
FHwE 415-536-86 RA F.*
ADDRESS:
IN5URE/1M APR:RCM COVERAGE
fai..14„i, 415-536-8627
Mac
7
AcceRni CERTIFICATE OF LIABILITY INSURANCE ems fuweemArq
Z19/2015
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: II the certificate holder Is an ADDMONAL -INSURED, the polloyfree) must be endorsed. If SUBROGATION IS WAIVE% subject to
the terms and conditions of the polity, certain polloles may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In Hon of such endorsement s
PRODUCER
ArthurJ, Gallagher& Co.
Insurance Brokers of CA, inc. LIC #0726293
1255 Battery Street, Suite 450
San Francisco CA 94111
tusuReRA :Berkshire Hathaw yliomestate insure 20044
INSURED CSOCONS-01
CSG Consultants, Inc., Precision Inspection
17008. Amphlett Bivd, 3rd Floor
San Mateo, CA 94402
INSURER s Areh Insurance Company
11150
tasusese,American Fire and Casually Company
24055
INSURER o z
INSURER irt
i pante,:
UMBER; 1184847871
REVISION I4 UM BE
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED Ai3oVE FOR THE POLICY PERIOD
IN010ATED. NOIWITHsTANDING ANY REQUIREMENT, TERM OR coNalTiQN OF ANY CONTRAC-T OR OTHER DOCUMENT WITH RESPECT To Wilicil Tits
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE RISURANGE AFFORDED BY THE poUCIEs DEscRieED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CON °Mims OF .SUCH POLICES. UNITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
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AthiLOUSR
MD POLIC NUMBER ' POLICY EPP
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DAMAGE .1. CINKSUADE [ x I OCCUR
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PERSONALS ADVDNURY S1,000,000
GENERAL AGGREGATE S2 MAO OEM1
• III
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V M 556382700 12/412014 2/4/2015 21,1P',1, ED,r 61-eumir Steee,naa
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tParD0 111AN 5
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EXCESS LIAR
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CLAWS-MADE
EiSAI556382766 2/02014 2/45015 awn OCCURRENCE $5,000,000
ADDREOATE $5,000,000
s DED I I uererron
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AND EMPLOYERS, LIAORITY Yin ANYPRoPsismouPARniEsaxscirnvE f N I
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EL EACH ACCIDENT $1,000,0
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EL DISEASE-PoUDYLWIT 51,005000
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retro date: tititeat
AEP0047315411 12)45014 2/4=15 Each Clem ' ROOD,OOD
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SI0,000 ..
etaciamani IDFDPERATIONS / incallons ?VEHICLES (ACORD tat, AddeiortaI Remorks 5clieSole, may be AiDactrfli kr Asatli &W .I.. toqui ad)
re: All operations of the Named Insured. The Cly of Huntington Beach, Its officers, elected or appoin ed officials, employees, agents and
volunteers are additional insured on Primary & Non-Contributory Basis on per attached endorsement. Additional InsureckArchltatte,
Engineers, and Surveyors) and are additional Insureds on Auto per attached endorsement. Waiver of Subrogation on WC per attached
endorsement.
CERTIFICATE.HOLDE
CANCELLATION
city a Huntington Beach
2000 Main Street
Huntington Beach CA 92648 USA
SHCILILO ANY OF THE ABOVE DESCRIBED pOLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE tvin4 THE POLICY pitovistotts.
Amman reepaeseeTA-ava
.4-1
it) 1988-2014 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014101)
The ACORD name and logo are registered marks of ACORD
HB -153-
Item 11. - 18 HB -78-Item 5. - 20
Mithati ent0§1 My Attorney
APPROVED AS TO FORM
HB -79-Item 5. - 21
Business Name / Service Address
C S G CONSULTANTS INC
License Type
Professional / Other Services
Owner / Corporation
C S G CONSULTANTS INC
License Number A239806
Effective Date 06/01/2015
Expiration Date 05/31/2016
City of Huntington Beach
Business License
714 536-5267 FAX 714 536-5934
P.O, Box 190
California 92648
Lori Ann Farrell
Director of Finance
C S G CONSULTANTS INC
801 PARK CENTER DR #230
SANTA ANA CA 92705
Dear Business Owner:
Thank you for your payment. Attached is your City of Huntington Beach Business License. Please note that approximately
one month prior to the license expiration date, you will be mailed a renewal notice for the coming year. If for any reason your
renewal notice does not arrive, you are still responsible to renew and pay your business license amount prior to the expiration
date. You will incur penalties if this payment is not received by the expiration date.
Please post the business license in public view. If you do not transact business from a fixed location within the city, you must
carry this license with you at all times. Your business vehicle should also carry this license, and the license plate number of
the vehicle(s), if applicable, should match the one on the business license. Please notify Business License if there are any
changes of ownership, address, business name, business vehicle, or type of business conducted. Additionally, please notify
the city if you discontinue your business.
If your business is operated in a commercial, retail, or industrial location, you will need to contact the Planning and Building
Department regarding the requirement for a Certificate of Occupancy. For additional questions or information on this matter
call 714-536-5271. The Planning and Building Department is located on the 3rd floor of City Hall.
There are many resources available to our licensed business people. We have listed a few that might be of interest and
assistance to you.
City of Huntington Beach Economic Development Department - 714-536-5582
Huntington Beach Chamber of Commerce - 714-536-8888
Huntington Beach SCORE (Service Corps of Retired Executives) - 714-550-7369
Fictitious Business Name Information - 714-834-2889
State Board of Equalization (seller's permit information) - 949-440-3473
If you have any questions, please call a Business License representative at 714-536-5267.
City Of Huntington Beach
Business License
THIS LICENSE IS ONLY FOR THE BUSINESS AND
TYPE SHOWN. IT IS FOR THE PERSON TO WHOM
ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS
DUE ON OR BEFORE THE EXPIRATION DATE. -155-„ „cut
tal R.11..a..1%.• V IL.V
Amount Paid $92.64
sic Item 11 20 HB -80-Item 5. - 22
Vendors Ft,ponse List to RFP-Plan Rev n/v Services
Interwest Consulting Group
Bureau Veritas North America Inc.
CSG Consulting, Inc.
Item 11. - 21
HB -156- HB -81-Item 5. - 23
City of Hunt: Agton Beach
2000 Main Street • Huntington Beach, CA 92648
(714) 536-5227 • www.huntingtonbeachca.gov
Office of the City Clerk
Joan L. Flynn, City Clerk
September 10, 2015
CSG Consultants
ATTN: Khoa Duong
801 Park Center Dr., #230
Santa Ana, CA 92705
Dear Mr. Duong:
Enclosed for your records is a duplicate original of the fully executed "Professional Services
Contract Between The City of Huntington Beach and CDG Consultants, Inc. for Plan Review
Services."
Sincerely,
9•41m-K140,4)
Joan L. Flynn, CMC
City Clerk
JF:pe
Enclosure
Sister Cities: Alija, Japan • Waitakere, New Zealand
HB -82-Item 5. - 24
-
Accmb® CERTIFICATE OF LIABILITY INSURANCE ki....-----
DATE (MMIDD/YYYY)
2016
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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
1255 Battery Street, Suite 450
San Francisco CA 94111
CONTACT
NAME:
6-8617 FAX PHONE 415-53 IAIC. No): (A/C No, Fat). 415-536-8627
E-MAIL
ADDRESS'
INSURERIS) AFFORDING COVERAGE NAIC #
INSURER A :Arch insurance Company 11150
INS URED CSGCONS-01
CSG Consultants, Inc., Precision Inspection
550 Pilgrim Drive
Foster City, CA 94404
INSURER B:
INSURER C:
INSURER D :
INSURER E:
INSURER F:
COVERAGES
CERTIFICATE NUMBER: 282392704
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT 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
SUER
WV0 POLICY NUMBER
POLICY EFF
(MMIDDIYYYYI
POLICY EXP
IMMIDDN'YYY) L MITS
COMMERCIAL GENERAL LIABILITY
APPROVED AS TO FORM
EACH OCCURRENCE $
CLAIMS-MADE OCCUR DAMAGE TO RENTED
PREMISES (Ea occurrence) $
MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GE 'L AGGREGATE
POLICY
OTHER:
LIMIT APPLIES
PRO.
JECT
PER:
LOC
GENERAL AGGREGATE $
PRODUCTS -COMP/OP AGO $
$
AUTOMOBILE LIABILITY
ANY AUTO
OWNED
AUTOS ONLY
HIRED
AUTOS ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
By ? 1....p / S....
COMBINED SINGLE LIMIT
(Ea accident)
$
BODILY INJURY (Per person) $ t.„-- MICHAEL E. GATES
CITY ATTORNEY
CITY OF HUNTINGTON BEACH
BODILY INJURY (Per accident) $
PROPERTY DAMAGE
(Per accident) S
$
UMBRELLA LIA
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE $
AGGREGATE $
DED RETENTIONS
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORJPARTNEREXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
Y I N
I N/A
PER
STATUTE
0TH-
ER
E.L. EACH ACCIDENT $
E.L. DISEASE - EA EMPLOYEE $
E.L. DISEASE - POLICY LIMIT $
A Professional Liability
retro date: 111/1991
PAAEP0008801 1214/2018 12/4/2017 Each Claim $5,000,000
Aggregate $5,000,000
Deductible: $10,000
DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached II more space Is required)
re: All operations of the Named Insured. Certholder in full: City of Huntington Beach, its officers,
elected or appointed officials, employees, agents and volunteers. 30 Day Notice of Cancellation on
Professional per attached.
CERTIFICATE HOLDER
CANCELLATION
City of Huntington Beach
2000 Main Street
Huntington Beach CA 92648
USA
I
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
.tyl
C) 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103)
The ACORD name and logo are registered marks of ACORD
HB -83-Item 5. - 25
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION — CERTIFICATE HOLDERS
This endorsement modifies insurance provided under the Design Professional Liability Policy.
The person(s) or organization(s) listed or described in the Schedule below have requested that they
receive not less than thirty (30) days written notice of cancellation when this policy is cancelled by us. We
will endeavor to mail or deliver to the Person(s) or Organization(s) listed or described in the Schedule a
copy of the written notice of cancellation that we sent to you. Such copies of the notice will be mailed as
soon as practicable to the address or addresses provided by your broker or agent.
This notification of cancellation of the policy is intended as a courtesy only. Our failure to provide such
notification to the person(s) or organization(s) shown in the Schedule will not extend any policy
cancellation date or impact or negate any cancellation of the policy. This endorsement does not entitle
the person(s) or organization(s) listed or described in the Schedule below to any benefit, rights or
protection under this policy.
Any provision of this endorsement that is in conflict with a statute or rule is hereby amended to conform to
that statute or rule.
Schedule
Person(s) or Organization(s) including mailing address:
All certificate holders where written notice of the cancellation of this policy is required by written
contract, permit or agreement with the Named Insured and whose names and addresses will be
provided by the broker or agent listed in the Declarations page of this policy for the purpose of
complying with such request.
All other terms and conditions of this policy remain unchanged.
Policy Number: PAAEP0008801
Named Insured: CSG Consultants
This endorsement's effective on the inception date of this Policy unless otherwise stated herein:
00 ML0086 00 11 10 Page 1 of 1
HB -84-Item 5. - 26
License Number A239806
Effective Date 06/01/2017
Expiration Date 05131/2018
CITY OF HUNTINGTON BEACH
BUSINESS LICENSE
P.O. Box 190
i Huntington Beach, CA 92648-0711
(714) 536-5267
CITY OF HUNTINGTON BEACH BUSINESS LICENSE CERTIFICATE -
Lori Ann Farrell Harrison
Chief Financial Officer
RUC0615A AUTO MIXED AADC 926
7000000742 00.0004.0141 742/1
1 1 .11 1 11 1 111 11 1111 11 11 11 1111 1 1 1 1 11 11 1 1 1 1 11 10 1 1 .1 11 "1 1 111111 111 1
010 C S 0 CONSULTANTS INC
550 PILGRAM DRIVE
FOSTER CITY CA 94404-1253
Dear Business Owner:
Thank you for your payment. Attached is your City of Huntington Beach Business License. Please
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this license with you at all times. Your business vehicle should also carry this license, and the
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applicable, should match the one on the business license. Please notify Business License if the
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business name, business vehicle, or type of business conducted. Additionally, please notify the c
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There are many resources available to our licensed business people. We have listed a few that m
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City of Huntington Beach Business Development - 714-536-5582
Huntington Beach Chamber of Commerce - 714-536-8888
Huntington Beach SCORE (Service Corps of Retired Executives) - 714550-7369
County of Orange Fictitious Business Name Information - 714-834-2889
California State Board of Equalization (seller's permit information) - 949-440-3473 (Irvine Office)
If you have any questions, please call a Business License representative at 714-53d-5267.
FOLD OR DETACH HERE FOR DISPLAY
City Of Huntington Beach
Business License
Business NamelService Address
C S G CONSULTANTS INC
License Type
Professional / Other Services
Owner/Corporation
C S 0 CONSULTANTS INC
Amount Paid $ 102.25
THIS LICENSE IS ONLY FOR THE BUSINESS AND
TYPE SHOWN. IT IS FOR THE PERSON TO WHOM
ISSUED AND IS NON-TRANSFERABLE. RENEWAL IS
DUE ON OR BEFORE THE EXPIRATION DATE. POST IN PUBLIC VIEW
SIC 8322
HB -85-Item 5. - 27
CITY OF HUNTINGTON BEACH
Inter-Department Communication
Community Development Department
TO:
VIA:
FROM:
DATE:
SUBJECT:
Honorable Mayor Delgleize and City Councilmembers
Fred A. Wilson, City Manager
/7k Scott Hess, A1CP, Director of Community Development
October n, 2017
OCTOBER 16, 2017 CITY COUNCIL MEETING — SECOND REQUEST
FOR CONTINUANCE OF VARIANCE NO. 17-003
The October 16, 2017 City Council agenda includes an appeal of the Planning Commission's
denial of Variance No. 17-003, a request by Joseph Santiago to deviate from several Zoning
Code development standards to accommodate the relocation of a historic single family residence.
On October 2, 2017, the City Council continued this item to the October 16, 2017 Council
meeting at the applicant's request.
On October 10, 2017, Mr. Santiago filed a second request to continue the item to the November
6, 2017 City Council meeting (Attachment No. 1).
Recommended Action:
Continue Appeal of Variance No. 17-003 to the November 6, 2017 City Council meeting
at the applicant's request.
Attachment No. 1: Letter from Joseph Santiago dated October 10, 2017
xc: Jane James, Planning Manager
Chris Wong, Associate Planner
GAADM1N1AdmLtr120171101117 cwl (Continuance VAR 17-003).docx HB -86-Item 6. - 1
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1-> HB -87-Item 6. - 2
CITY OF HUNTINGTON BEACH
Inter-Department Communication
Community Development Department
TO:
VIA:
FROM:
DATE:
SUBJECT:
Honorable Mayor Delgleize and City Councilmembers
Fred A. Wilson, City Manager
Scott Hess, MCP, Director of Community Developme
October 3, 2017
OCTOBER 16, 2017 CITY COUNCIL MEETING - REQUEST FOR
CONTINUANCE OF CONDITIONAL USE PERMIT NO. 13-022 AND
COASTAL DEVELOPMENT PERMIT NO. 13-008
On the October 16, 2017 City Council agenda is the Appeal of Conditional Use Permit No. 13-022
and Coastal Development Permit No. 13-014, a request by Mike Adams on behalf of Medhat
Rofael to construct a boat marina with a community dock area and a caretaker's unit on a vacant
lot.
On October 2, 2017, Mr. Mike Adams filed a request to continue the item to the November 6, 2017
City Council meeting (Attachment No. 1).
Recommended Action:
Continue Appeal of Conditional Use Permit No. 13-022 and Coastal Development Permit
No. 13-014 to the November 6, 2017 City Council meeting at the applicant's request.
Attachment No. 1: Email communication from Mike Adams dated October 2, 2017
xe: Jane James, Planning Manager
Tess Nguyen, Associate Planner
HB -88-Item 7. - 1
Nguyen, Tess
From:
Sent:
To:
Cc:
Subject:
Cathy Edman <cathyedman@hotmail.com >
Monday, October 02, 2017 11:41 AM
Nguyen, Tess
Mike Adams; Med hat Rofael
Park AVenue Marina Appeal
Tess,
Medhat Rofael the owner of the Park Avenue Marina property, has recently retained the services of an
attorney to assist in his request to Entitle his property. In order to provide the attorney with sufficient time to
review all of the previous actions related to the project, they are requesting a continuance of the Appeal
hearing to the November 6, 2017 meeting of the City Council.
Hopefully the City will be able to accommodate this request, let me know.
Thanks,
Mike Adams
(714) 376-3060
1
HB -89-Item 7. - 2
CITY OF HUNTINGTON BEACH
City Council Interoffice Communication
To:
From:
Date:
Subject:
Honorable Mayor and City Council Members
Patrick Brenden, City Council Member Ag
October 10, 2017
CITY COUNCIL MEMBER ITEM FOR THE OCTOBER 16, 2017,
CITY COUNCIL MEETING — FAMILY INSURANCE BENEFITS
STATEMENT OF ISSUE:
On November 17, 2014, City Council directed the City Attorney to draft an ordinance to provide
salary/benefits at the same level for all City Council Members. At that time it was also decided
that health benefits should be limited to City Council Members only, suspending spouse and
dependent coverage. On January 20, 2015, the City Attorney introduced Ordinance No. 4044
amending Chapter 2.28 of the Huntington Beach Municipal Code (HBMC) relating to City
Council compensation that provided equal compensation to all City Council Members and
suspended health benefit coverage for Council Member spouses and dependents. City Council
Members should have the ability to add their family members onto the City's group insurance
policy if they wish with the additional premium cost above single enrollment to be borne by the
requesting member.
RECOMMENDED ACTION:
Direct the City Attorney's Office to amend Chapter 2.28 to provide for the addition of insurance
benefits for City Council family members with the additional premium costs above single
enrollment to be borne by the City Council Member.
xc: Fred Wilson, City Manager
Lori Ann Farrell Harrison, Assistant City Manager
Robin Estanislau, City Clerk
Michael Gates, City Attorney
HB -90-Item 8. - 1