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HomeMy WebLinkAbout2017-11-06 Agenda Packet FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, November 06, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember MEETING ASSISTANCE NOTICE - AMERICANS WITH DISABILITIES ACT In accordance with the Americans with Disabilities Act the following services are available to members of our community who require special assistance to participate in City Council meetings. If you require special assistance, 48-hour prior notification will enable the city to make reasonable arrangements. To make arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas, please contact the City Clerk’s Office at (714) 536-5227, or request assistance from the Sergeant-at-Arms at the meeting. CITY COUNCIL/PUBLIC FINANCING AUTHORITY The City Council/Public Financing Authority of the City of Huntington Beach will regularly convene in joint session on the first and third Monday of each month for the purpose of considering agenda items. The Huntington Beach Successor Agency, Housing Authority, Parking Authority and Civic Improvement Corporation are also agencies on which the Council serves as members. On each agenda these agencies may have items scheduled. CITY COUNCIL AGENDA The City Council agenda and supporting documentation is made available for public review during normal business hours in the Office of the City Clerk, 2000 Main Street immediately following distribution of the agenda packet to a majority of the City Council. Packet delivery typically takes plan on W ednesday afternoons prior to the regularly scheduled meeting on Monday. The agenda packet is posted on the city’s website at http://www.huntingtonbeachca.gov/Government/agendas/. Questions on agenda items may be directed to the City Clerk’s Office at (714) 536-5227. AUDIO/VIDEO ACCESS TO CITY COUNCIL MEETINGS City Council meetings are televised live on cable TV Channel 3, and can be viewed via live or archived web cast at http://www.huntingtonbeachca.gov/Government/agendas/. SUPPLEMENTAL COMMUNICATION Staff and members of the public have the opportunity to submit information related to an agenda item following distribution of the agenda packet to the City Council. This information is identified as “Supplemental Communication” and is assembled into a packet by the City Clerk on the day of the City Council meeting. The Brown (Open Meetings) Act requires that copies of Supplemental Communication be made available to the public immediately upon distribution of material to a majority of the City Council. Communication received by any individual at the meeting will be made available to the public in the City Clerk’s Office the following morning. AWARDS AND PRESENTATIONS Awards, presentations, and proclamations made by the Mayor on behalf of the City. The Public Information Office coordinates the arrangements with the Mayor and submits a list of presentations through the City Manager’s Office. WEB ACCESS: **REMINDER** Live Broadcast and audio and video archives can be accessed at http://huntingtonbeach.granicus.com As a courtesy to those in attendance, please silence your cell phones and pagers HB -1- PUBLIC COMMENTS This is the time of the meeting for the City Council to receive comments from the public regarding items of interest or agenda items not scheduled for Public Hearing. Pursuant to the Brown (Open Meetings) Act, the City Council may not enter into discussion regarding items not on the City Council agenda. Members of the public who wish to speak to a member of the Council on an item not on the agenda may consider setting up an individual appointment by contacting the Council's Administrative Assistant at 714-536-5553. The following statement applies to any public exchange of comments during City Council meetings: “The City Council strives to treat members of the public with respect. Comments or concerns provided by the public shall be done in a civil and respectful manner. Any public comments that are discriminatory, defamatory or otherwise not protected speech, whether as to race, religion, disability, sexual orientation, or any other protected classification, will not be considered by the City Council and may be a basis for the Mayor to interrupt the public comment. In addition, any such public comments will not be consented to, agreed to, ascribed to, or otherwise adopted by the City Council in its considerations, deliberations, discussions, and findings regarding any matter before it tonight. The City Council provides this public opportunity for free speech, but the City Council categorically rejects comments from anyone, including the public, that are of a discriminatory nature, and such comments will not inform the City Council’s decision.” To participate in Public Comments, pink Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. Each speaker is allowed 3 minutes, and time may not be donated to another speaker. COUNCIL COMMITTEE / APPOINTMENTS / LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING This agenda item allows Councilmembers to make announcements regarding Council committees, appointments or liaison reports, and all individuals as appropriate to disclose any conferences, training, seminars, etc. attended at the Agency’s expense, per Government Code §53232.3(d). Lists of the conferences, training, seminars, and other activities generally attended by the City Council, City Manager, City Attorney, City Clerk, and City Treasurer are included as appendices to the City Budget. The budget is available on the city’s website at http://www.huntingtonbeachca.gov/Government/budget_information/. Exceptions to these lists have been submitted as a report to the City Clerk for inclusion in the record of this meeting.. PUBLIC HEARING Public Hearings allow citizens to speak in favor or against specific items brought to Council by staff. Staff may provide a presentation. The Mayor will open the Public Hearing to receive comments on that specific item. Upon hearing all public comments, the Mayor will close or continue the Public Hearing. Council may then decide to engage in discussion and/or take action on the item. To participate in a Public Hearing, green Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms. ADMINISTRATIVE HEARING Administrative Hearings required by Huntington Beach Municipal Code Section 1.18 entitle only affected property owners to speak on a respective item. To participate in the Administrative Hearing, blue Request to Speak forms are available at the Chambers entrance and are collected by the Sergeant at Arms (the Police Officer located near the speakers’ podium). CONSENT CALENDAR Consent Calendar items are considered routine items that do not normally require separate consideration. The City Council/Public Financing Authority usually makes one motion for approval of all the items listed under this section. However, Council may remove an item from the motion for discussion purposes. ADMINISTRATIVE ITEMS Administrative Items are considered separately and require separate motions. These actions are normally of a non-routine nature, and frequently require a staff presentation. ORDINANCES Ordinances require two readings before the City Council. They are first introduced, and then adopted at a subsequent meeting. Ordinances typically become law thirty (30) days after adoption. However, an emergency ordinance may be adopted upon introduction, and is effective immediately. COUNCILMEMBER ITEMS This portion of the agenda is provided for Items of business presented by individual members of the City Council. HB -2- -1- City Council/PFA Agenda – Monday, November 06, 2017 FRED A. WILSON City Manager MICHAEL E. GATES City Attorney ROBIN ESTANISLAU City Clerk ALISA CUTCHEN City Treasurer AGENDA Monday, November 06, 2017 CITY COUNCIL/PUBLIC FINANCING AUTHORITY CITY OF HUNTINGTON BEACH 4:00 PM - Study Session 6:00 PM - Regular Meeting Council Chambers - 2000 Main Street Huntington Beach, CA 92648 http://www.huntingtonbeachca.gov MAYOR AND CITY COUNCIL BARBARA DELGLEIZE Mayor MIKE POSEY PATRICK BRENDEN Mayor Pro Tem Councilmember JILL HARDY WILLIAM O’CONNELL Councilmember Councilmember ERIK PETERSON LYN SEMETA Councilmember Councilmember 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL O'Connell, Semeta, Posey, Delgleize, Hardy, Brenden, Peterson ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 1. The Public Works Department will present the results and recommendations of a water rate study. 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), Police Management Association (PMA), Municipal Employees' Association (MEA) and Management Employees' Organization (MEO). HB -3- -2- City Council/PFA Agenda – Monday, November 06, 2017 CLOSED SESSION 2. Pursuant to Government Code §54956.9(d)(2) the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, one (1). 3. Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiators and Fred Wilson, City Manager regarding the following: Huntington Beach Police Officers’ Association (POA), Police Management Association (PMA), Municipal Employees’ Association (MEA) and Management Employees’ Organization (MEO). 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: Eric Hill v. City of Huntington Beach, Claim No. COHB- 15-0004. 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: Judy Hall v. City of Huntington Beach, Orange County Superior Court Case No. 30-2016-00884770. 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: Steve Millington v. City of Huntington Beach, Jonathan H. Deliema, Joseph E. Schloss, United States District Court Case No. SACV15-1590 RGK. 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 - Girls Scout Troop 3042 from Hawes Elementary INVOCATION - Kelly Frankiewicz, Master of Divinity, Leisure World Community Church, Seal Beach and member of the Greater Huntington Beach Interfaith Council In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorses any particular religious belief or form of invocation. CLOSED SESSION REPORT BY CITY ATTORNEY HB -4- -3- City Council/PFA Agenda – Monday, November 06, 2017 AWARDS AND PRESENTATIONS Mayor Delgleize to proclaim November 13 as "World Kindness Day" Mayor Delgleize to call on nurse practitioner Jill Olmstead and proclaim November 12-18 as "National Nurse Practitioner Week" Mayor Delgleize to recognize Dr. Constance E. Polhemus, Principal of Peterson Elementary School for her accomplishment in running in the New York Marathon Mayor to call on Community Services Manager, Dave Dominguez, to introduce Peter Brunner from the Rotary Club of Huntington Beach and Cynthia Varnell from the Kiwanis Club of Huntington Beach to present their generous donations for the "All Inclusive Beach Playground" Mayor Delgleize to present commendations to newly crowned Miss Huntington Beach Queen Alyssa Welfringer and her court ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT 1. A report by the City Attorney regarding what the City Attorney's Office does, what services it has to offer, how the public can contact 2. Code Enforcement overview and how to initiate an investigation CITY TREASURER'S REPORT 3. Receive and file the City Treasurer's September 2017 Quarterly Investment Summary Report Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for September 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. CITY ATTORNEY'S REPORT 4. Update on the Kennedy Commission vs. City of Huntington Beach Appeal HB -5- -4- City Council/PFA Agenda – Monday, November 06, 2017 CONSENT CALENDAR 5. Approve and adopt minutes Recommended Action: Review and adopt the City Council/Public Financing Authority regular meeting minutes dated October 16, 2017, as written and on file in the Office of the City Clerk. 6. Approve recommendations for appointments to the Community Services Commission (CSC) with terms to expire June 30, 2018, as provided by the local School Districts Recommended Action: A) Approve the appointment of either Mark Bixby or John Briscoe, recommended representative of the Ocean View School District Board of Trustees, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018 term; and, B) Approve the appointment of Bridget Kaub, recommended representative of the Huntington Beach City School District, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018, term; and, C) Approve the appointment of Roy Miller, recommended representative of the Huntington Beach Union High School District, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018, term. 7. Approve the appointment of Oscar Rodriguez to the Environmental Board, and reappointments of Donald Kyle Scrimgeour and Michelle Claud- Clemente as recommended by Council Liaisons, Councilmembers Jill Hardy and Billy O’Connell; and, receive and file the 2016 Annual Report Recommended Action: A) Approve the appointment of Oscar Rodriguez to the Environmental Board as approved by Council Liaisons, Councilmembers Jill Hardy and Billy O’Connell to fill the seat left vacant by Kim Nicolson, with a term expiration of June 30, 2019; and, B) Re-appoint Donald Kyle Scrimgeour and Michelle Claud-Clemente, both with term expirations of June 30, 2021; and, C) Receive and file the 2016 Environmental Board Annual Report. 8. Receive and file updated information regarding the status of the commissioning of Public Art at the Senior Center in Central Park Recommended Action: Receive and file updated project information regarding the status of the commissioning of public art at the Senior Center in Central Park. HB -6- -5- City Council/PFA Agenda – Monday, November 06, 2017 9. Authorize Bond release for public Storm Drain improvements constructed by AvalonBay Communities, Inc. the Developer of HB Lofts (Mixed Use Project located at Gothard Street and Center Avenue) Recommended Action: Release Guarantee & Warranty Bond No. 106297351 (Attachment 2), and instruct the City Clerk to notify AvalonBay Communities, Inc. and the City Treasurer to notify Travelers Casualty and Surety Company of America, of this action. 10. Award and authorize execution of a construction contract in the amount of $102,488.00 to PaveWest, Inc. for the Park Bench Cafe Parking Lot Improvements, CC-1562, and approve up to 15% in construction change orders Recommended Action: A) Accept the lowest responsive and responsible bid submitted by PaveWest, Inc. in the amount of $102,488.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. 11. Adopt Resolution No. 2017-48 removing Sunflower Lane from Residential Permit Parking District "O" Recommended Action: Adopt Resolution No. 2017-48, "A Resolution of the City Council of the City of Huntington Beach Removing Sunflower Lane from Residential Permit Parking District "O." 12. Adopt Resolution No. 2017-49 amending the City’s Classification Plan by adding the classification of Assistant Civil Engineer Recommended Action: Adopt Resolution No. 2017-49, "A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classification of Assistant Civil Engineer." 13. Adopt Resolution No. 2017-51 declaring the City’s Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District (BID); and, schedule a Public Hearing for December 4, 2017 HB -7- -6- City Council/PFA Agenda – Monday, November 06, 2017 Recommended Action: A) Adopt Resolution No. 2017-51, "A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District"; and, B) Direct the City Clerk to schedule a public hearing to be held on December 4, 2017, and send copies of the Resolution of Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District to each auto dealer and publish the same in a newspaper of general circulation. 14. Approve the Ocean View Estates Market Rate Rental Agreement and Ocean View Estates Driftwood Rental Agreement extending the park’s use through September 2024 (7051 Ellis Avenue) Recommended Action: A) Approve an Ocean View Estates Market Rate Rental Agreement extending the closure date until September 30, 2024; and, B) Approve an Ocean View Estates Driftwood Rental Agreement extending the closure until September 30, 2024, and approve a three-year phase-in to achieve market rates starting on October 1, 2019 and ending October 1, 2021. 15. Approve and authorize execution of Cooperative Agreement C-7-1828 with the Orange County Transportation Authority (OCTA) and the Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Stanton, and Westminster for a traffic signal synchronization project along Magnolia Street; and, approve appropriation of funds Recommended Action: A) Appropriate $199,789 from the undesignated Air Quality Management District (201) fund balance to account 201900013.82700; and, B) Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-7-1828 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton and Westminster for Magnolia Street Regional Traffic Signal Synchronization Project." 16. Approve and authorize execution of Cooperative Agreement C-7-1829 with the Orange County Transportation Authority (OCTA) and the Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, and Westminster for a traffic signal synchronization project along Brookhurst Street; and, approve appropriation of funds Recommended Action: A) Appropriate $214,733 from the undesignated Air Quality Management District (201) fund balance to account 20190012.82700; and, HB -8- -7- City Council/PFA Agenda – Monday, November 06, 2017 B) Approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-7-1829 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach and Westminster for Brookhurst Street Regional Traffic Signal Synchronization Project." 17. Approve and authorize execution of a Memorandum of Understanding (MOU) with the State of California Department of Fish and Wildlife for use of the City Lifeguard Boat Dock in Huntington Harbour behind Fire Station 7-Warner Recommended Action: Approve and authorize the Mayor and City Clerk to execute the "Memorandum of Understanding Between the City of Huntington Beach and the State of California Department of Fish and Wildlife for Use of the City Lifeguard Boat Dock." 18. Approve and authorize execution of a Memorandum of Understanding (MOU) with the Sister City Association of Huntington Beach (SCAHB) to formalize the working relationship between agencies Recommended Action: Approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and the Sister City Association of Huntington Beach." 19. Termination of Sub-License Agreement by and between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS) for use of City-Licensed Property located at 18131 Gothard Street Recommended Action: Approve the termination of the “Sub-License Agreement By and Between the City of Huntington Beach and Beach Cities Interfaith Services, Inc.” effective January 8, 2018, and direct staff to work with BCIS in clearing the site. PUBLIC HEARING 20. Request to Continue to February 20, 2018 - Conditional Use Permit No. 13- 022/Coastal Development Permit No. 13-014/Recirculated Mitigated Negative Declaration No. 13-008 for Rofael Marina and Caretaker Facility (Appeal of Planning Commission's Denial) - Continued from October 16, 2017 Recommended Action: Continue Appeal of Conditional Use Permit No. 13-022 and Coastal Development Permit No. 13-014 to the February 20, 2018 City Council meeting at the applicant’s request. HB -9- -8- City Council/PFA Agenda – Monday, November 06, 2017 21. Deny Variance No. 17-003 (Santiago Appeal), which represents a request to deviate from several Zoning Code development standards to accommodate the relocation of a historic single-family residence to property located at 506 7th Street (continued from the October 2, 2017 and October 16, 2017 City Council meetings) Planning Commission and Staff Recommended Action: Deny Variance No. 17-003 which contains six requested variances to deviate from the HBZSO with suggested findings for denial (Attachment 1). 22. Public Hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, to adopt Resolution No. 2017-53 approving a Tax Exempt Bond Financing to be undertaken by the Public Finance Authority of Wisconsin with respect to certain projects of Prime Healthcare Huntington Beach, LLC located in the City of Huntington Beach, California (Huntington Beach Hospital) Recommended Action: A) Conduct the Public Hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (Code) to Approve a Tax Exempt Bond Financing by the Public Finance Authority for Prime Healthcare Huntington Beach, LLC (Huntington Beach Hospital); and, B) Adopt Resolution No. 2017-53, "Resolution of City of Huntington Beach, California Approving a Tax Exempt Bond Financing to be Undertaken by the Public Finance Authority with Respect to Certain Projects of Prime Healthcare Huntington Beach, LLC Located in the City of Huntington Beach California." ORDINANCES FOR INTRODUCTION 23. Approve for introduction Ordinance No. 4127 amending Chapter 2.28 of the Huntington Beach Municipal Code (HBMC) relating to health benefits for City Council Recommended Action: Approve for introduction Ordinance No. 4127, "An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington Beach Municipal Code Relating to City Council." COUNCILMEMBER ITEMS 24. Submitted by Mayor Pro Tem Posey - Economic Impacts of the 2017 Huntington Beach Air Show Recommended Action: Direct the City Manager to conduct an Economic Analysis of the 2017 Air Show and report back to City Council in ninety (90) days. HB -10- -9- City Council/PFA Agenda – Monday, November 06, 2017 25. Submitted by Mayor Delgleize and Councilmembers Semeta and Peterson - Censure of a Public Official Recommended Action: Direct the City Manager and City Attorney to prepare a Resolution of Censure publicly admonishing Council Member Billy O’Connell for his statements made during Council Member Comments on October 16, 2017. This Resolution should state the facts succinctly and call for Mr. O’Connell to formally apologize to the City for his inappropriate disclosures. The Resolution should state that the City Council does not tolerate such public statements of disparagement toward the men and women of other City departments, who deserve our respect. The Resolution should also put Mr. O’Connell on notice that the City Council will not tolerate any like statements in the future, and if such were to happen, that Mr. O’Connell will not be permitted to speak at Council Meetings, and if such statements continue beyond that, Mr. O’Connell may be subject to dismissal from City Council Meetings altogether by the Mayor and Sergeant at Arms. COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 20, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov HB -11- Dept. ID CT 17-005 Page 1 of 1 Meeting Date: 11/6/2017 Statement of Issue: Receive and file the City Treasurer’s Quarterly Investment Report for September 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not applicable. Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for September 2017, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or critique Quarterly Report. Analysis: Not applicable. Environmental Status: Not applicable. Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Treasurer’s Quarterly Investment Report for September 2017 2. Treasurer’s PowerPoint Presentation for September 2017 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Alisa Cutchen, City Treasurer SUBJECT: Receive and file the City Treasurer's September 2017 Quarterly Investment Summary Report HB -12-Item 3. - 1 City of Huntington Beach Quarterly Treasurer's Report Quarter Ending: September 30, 2017 Prepared by: Alisa Cutchen, CCMT, CPFIM - City Treasurer HB -13-Item 3. - 2 CITY OF HUNTINGTON BEACH CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Economic and Market Overview: Market Summary 7/31/2017 8/31/2017 9/30/2017 Aug. - Sept. % Change Market Summary July - September 2017 Federal Funds Rate 10-Year Treasury S&P 500 1.00 - 1.25 % 2.30% 2,470.30 1.00 - 1.25 % 2.12% 2,471.65 1.00 - 1.25 % 2.33% 2,519.36 0.00% 9.91% 1.93% DOW 21,891.12 21,948.10 22,405.09 2.08% The Federal Open Market Committee (FOMC) met in September to discuss the current state of the economy and to examine potential future interest rate hikes before year end. They concluded that the labor market has continued to strengthen and economic activity has been rising moderately so far this year. Inflation is expected to remain below 2 percent in the near term, but is anticipated to stabilize around the Committee's 2 percent objective over the medium term. The Committee will continue to monitor actual and expected inflation developments as the year progresses to determine the timing and size of future adjustments to the federal funds rate. The Committee continues to expect that, "With gradual adjustments in the stance of monetary policy, economic activity will expand at a moderate pace, and labor market conditions will strengthen somewhat further." Fixed Income/Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 2.33%, up slightly from 2.31% from the previous quarter for a 0.87% increase quarter over quarter. The S&P 500 and the DJIA increased at 3.96% and 4.94% respectively for the same time period. In the third quarter of 2017, equity markets continued to post strong gains to close out the quarter while the bond markets remained flat. This increase in the equity markets may be partially attributed to the continued growth of economic activity as compared to the slower pace seen last year. Employment: Total nonfarm payroll employment was little changed in September (-33,000), after adding an average of 172,000 jobs per month over the prior 12 months. According to the labor department, the unemployment rate decreased from 4.4% to 4.2% quarter over quarter as the economy continued to expand and create new jobs. Over the past 3 months, job gains have averaged 91,000 per month. HB -14-Item 3. - 3 CITY OF HUNTINGTON BEACH CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Portfolio Composition: Portfolio Summary As of September 30, 2017 $ in millions Investment Type Federal Agency Issues % of In Market Value Book Value Portfolio Policy Limit Compliance 147.3 5 148.5 75% None yes Local Agency investment Fund (LAIF) $ 6.6 $ 6.6 3% $65 million yes Medium Term Notes - IBRD 5.0 $ 5.0 3% 10% yes Corporate Bonds 36.7 $ 36.8 19% 30% yes Total Portfolio $ 195.6 $ 196.9 100% Investments by Type As of September 30, 2017 Corporate Bonds 19% MTN — Federal Agencies 75% IBRD 3% PENN LAIF 3% HB -15-Item 3. - 4 CITY OF HUNTINGTON BEACH — CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Currently, funds within this portfolio are invested in federal agency securities, corporate bonds, the International Bank for Reconstruction and Development ("IBRD") and the State of California's pooled account (Local Agency Investment Fund "LAIF"). All federal agency bonds purchased by the City are rated "AAA" by Moody's, as are the IBRD bonds. All corporate bonds are "A" rated or its equivalent or better, per the City's investment policy and state of California regulations. LAIF offers local agencies the opportunity to participate in a major portfolio with overnight liquidity managed by the State of California Treasurer's Office. Please see http://vvww.treasurer.ca.00v/pmia- laif/laif.asp for more information. LAIF has been utilized for the liquidity portion of the City's portfolio as the yield received at this time is greater than that of similar liquid investments such as money market accounts, short-term Treasury Bills, and commercial paper. Portfolio Earnings and Performance: Monthly Earnings October 2016 — September 2017 $ in 000's $300,000.00 $250,000.00 $200,000,00 $150,000.00 $100,000.00 $50,000.00 $0.00 t 0 0 A cA ••• •02. N4 NO 4 40s, 0 .c I' 4. e .C• .0- ,tt:a. ‘,... Co +o A A A N rv ON' Co (cP t> N ON' 191 00 .*P le 1, 0n4• As, ,r .)70 Os' A As is typically the case on an annual basis, monthly earnings decrease from July to December as funds are utilized. Earnings increase from December through June with the receipt of property taxes. As well, over the past year, interest rates have risen as the Federal Reserve has raised rates from 0.25-0.50% to 1.00-1.25%, offering the porffolio the opportunity to earn increased interest income. HB -16-Item 3. - 5 CITY OF HUNTINGTON BEACH — CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Portfolio Earnings As of September 30, 2017 Portfolio Earnings Current Year Current Budget Last Year Actual Effective Rate of Return Month End 9/30/17 $ 234,585 $ 140,000 $ 196,054 1.42% FY 2016/2017 $ 2,752,839 $ 1,680,000 $ 2,300,386 1.30% Benchmark* 1.21% * 12-month moving average of the 2-Year Constant Maturity Treasury (CMT) rate The portfolio earnings for fiscal year 2016-17 of $2,752,839 are 19.7% greater than last fiscal year's earnings. The effective rate of return on a monthly basis was 1.42% with a fiscal year to date rate of 1.30%. Interest rates have been climbing as the Federal Reserve has increased the Fed Funds rate twice thus far during 2017. This has allowed for the portfolio return to increase as older securities mature and they are replaced with higher yielding investments. Portfolio Activity: Investment Type Federal Agency Issues Local Agency Investment Fund (LAIF) Medium Term Notes - IBRD Monthly Activity September 2017 Purchases (PAM/Deposits Sales/Maturities/Withdrawls $ 5,000,000 Corporate Bonds TOTAL $ 5,000,000 HB -17-Item 3. - 6 Purchases (PAR)/Deposits Sales/Maturities/Withdrawls $ 25,000,000 $ 5,000,000 $ 3,000,000 $ 33,000,000 Investment Type Federal Agency Issues Local Agency Investment Fund (LAIF) $ 49,859 Medium Term Notes - IBRD Corporate Bonds TOTAL $ 49,859 CITY OF HUNTINGTON BEACH — CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Quarterly Activity July — September 2017 Compliance: The portfolio is in conformity with all relevant State regulations and the City's Investment Policy statement as approved by the City Council on November 5, 2016. The investment program herein shown provides sufficient cash flow liquidity to meet the next six months' obligations. HB -18-Item 3. - 7 CITY OF HUNTINGTON BEACH — CITY TREASURER'S QUARTERLY REPORT Additional Information: Retirement Plans — Market Value Due to delay in statement receipt, information is from previous quarter where reporting is quarterly. Deferred Compensation Plans - Summary Information Reporting is Quarterly Beginning Balance (7-1-17) Ending Balance (9-30-17) Ending Balance Nationwide incl. Self Directed Option (9-30-17) ICMA Retirement Corporation (467 Plan) $48,112,856 $50,113,791 $50,113,791 Nationwide Retirement Solutions (457 Plan) $83,000,924 $86,781,607 $86,781,607 Total Deferred Compensation Plan Balances $131,113,780 $136,896,398 $136,895,398 Retiree Medical Trust - Summary Information Reporting is Quarterly Beginning Balance (7-1-17) Ending Balance (9-30-17) CalPERS Retiree Medical Trust Account $23,303,791 $24,978,725 Supplemental Pension Trust - Summary Information Reporting is Monthly Beginning Balance (9-1-17) Ending Balance (9-30-17) US Bank Supplemental Pension Trust Account $53,294,089 $64,169,110 PARS 116 Trust Summary Information Reporting is Monthly Beginning Balance (8-1-17) Ending Balance (8-31-17) PARS Post Employment Benefits Trust Account $2,742,079 $2,760,011 HB -19-Item 3. - 8 CITY OF HUNTINGTON BEACH — CITY TREASURER'S QUARTERLY REPORT SEPTEMBER 2017 Bond Reserve Accounts — Market Value — Balances as of September 30, 2017 Summary of Huntington Beach Bond Issue -- Reserve Accounts As of September 30, 2017 Bond Issue: Reserve Account Value as of September 30, 2017 Investments Federal Money Market LA1F Agency Issues Funds CAMP H.B. Public Financing Authority Lease Refunding Bonds 2010 Series A H.B. Public Financing Authority (Capital Improvement Retinancing/Senior Center) Bonds 2011 Series A Red evelop mentAgency of H.B. - 1999 Tax Allocation Refunding Bonds (1/3 of 1992) Redevelopment Agency of H. B. - 2002 Tax Allocaton Refunding Bonds (2/3 of 1992) H.B. Community Facilites District No. 1990- 1 2001 Special Tax Bonds (Goldenwest. Ellis) H.B. Community Facilities District No, 2000- 1 2013 Special Tax Bonds (Grand Coast- Hyatt) H.B. Community Facilites Dislrict No. 2002- 1 2002 Special Tax Bonds (McDonnell Centre Business Park) H.B. Community Facilites District No. 2003- 1 2013 Special Tax Bonds (Huntington Center - Bella Terra) 1,242,600.30 1,242,600.30 3,357,965.16 3,357,961.47 3.69 753,001.00 753,000.00 1.00 1,695,319.78 651,615.12 1,000,430.00 43,274.66 173,127.83 172,000.00 1,127.83 1,092,833.98 1,092,833.98 458,560.98 458,560.98 1,681,523.88 1,681,523.88 TOTALS: 10,464,933 $ 5,393,138 $ 1,000,430 $ 1,287,007 $ 2,774,358 HB -20-Item 3. - 9 City of HB Portfolio Management Portfolio Summary July 31, 2017 City of Huntington Beach 2000 Main St. Huntington Beach, Investments Par Value Market Value Book % of Value Portfolio Term Days to Maturity YTM YTM 360 Equiv. 365 Equiv. FederaL Agency Issues - Coupon 163,405,000,00 162,451,574.70 163,541,463.15 76.08 1,332 962 1.396 1 416 Local Agency Investment Funds 6,656,020.36 6,656,020.36 6,656,020.36 3.10 1 1 1.037 1,051 Medium Term Notes - IBRD 5,000,000.00 4,977,150.00 4,988,882.53 2.32 608 352 1,093 1.109 Corporate Bonds 39,500,000.00 39,729,150.00 39,770,720.43 18.50 1,178 565 1.501 1.522 Investments 214,561,020.36 213,813,895.06 214,957,086.47 100.00% 1,246 845 1.398 1.417 Cash and Accrued Interest Accrued Interest at Purchase Subtotal Total Cash and Investments 52,135.42 52,135.42 214,561,020.36 52,135.42 213,866,030.48 52,135.42 215,009,221.89 1,246 845 1.398 1.417 Total Earnings July 31 Month Ending 287,012.13 140,000.00 208,154.22 227,046,687.72 1.49% Fiscal Year To Date Fiscal Year Ending Current Year Current Budget Last Year Actual Average Daily Balance Effective Rate of Return 2,275,702.58 1,400,000.00 1,900,844.23 213,295,924.36 1.28% 1,680,000.00 2,299,652.24 I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement filed with the City Council on November 7, 2016. A copy of this poky is available at the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market Values provided by Union ) Bankf Ipteractive Data Corporation. Aiisa CutCfien, CITY TREASURER Portfolio CITY AP PM (PRF_PM1) 7,3,0 Report Var. 7,3.3b Reporting period 0710112017-0713112017 Run Date: 10/11/2017 -12:54 HB -21-Item 3. - 10 1.620 1.000 1.375 1.250 1.500 1.050 2.000 1.750 0.800 1.000 1.250 1.000 1.000 1.280 1.500 1.500 1.650 1.750 1.875 1.875 1.500 1.500 2.125 1.040 1.040 1.400 1.500 1.500 1.250 1.500 2.000 1.000 1.950 1.750 AA AA AA AA AA AA AA AAA AA AA AAA AAA AA MA AA AA AA PA PA AA AA AA AA AA 1.620 1.010 1.100 1.250 1.600 1.518 1.297 1.750 0.800 0.991 1.919 1.000 0.998 1.280 1.500 1.400 1.650 1.744 1.723 1.733 1.521 1.521 2.125 1.040 0.800 1.400 1.505 1.500 1.250 1.500 1.825 1.000 1.950 1.750 1,413 14 220 661 1,247 1,105 773 1,730 87 360 1,057 332 696 1,156 1,429 1,429 1,574 1,123 1,456 1,477 757 759 1,793 451 57 681 1,429 1,240 696 1,247 1,448 632 1,584 899 City of HB Portfolio Management Page 1 Portfolio Details - Investments July 31, 2017 Average Purchase Stated '(TM Days to Maturity CUSIP Investment it Issuer Balance Date Per Value Market Value Book Value Rate S&P 365 Maturity Date Federal Agency Issues - Coupon 3133EGEV3 3130A3TA2 313378A43 3130A7WK7 3130A8DC4 3130A8T94 313383VN8 3130AB3L8 3134G7U25 3134G73Q2 3134G9RN9 3134G9UY1 3134G9F93 3134G9E78 3134G9C54 3134G9G35 3134GAUB8 3134GBNN8 3134G9N94 3134G92Y2 3134GBNS7 3134GBLT7 3134GBTS1 3136G2R58 3135GOZLO 3135GOK85 3136G3SJ5 3136G3SN6 3135GOK93 3136G3UTO 3136G3V1..16 3136 G3YG4 3136G4HM8 3136G4KM4 4140 Federal Farm Credit Bank 4038 Federal Home Loan Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4157 Federal Home Loan Bank 4166 Federal Home Loan Bank 4117 Federal Home Loan Mort Corp 4120 Federal Home Loan mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Home Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mort Corp 4150 Federal Home Loan mort Corp 4151 Federal Home Loan Mort Corp 4156 Federal Home Loan Mort Corp 4256 Federal Home Loan Mort Corp 4257 Federal Home Loan Mort Corp 4258 Federal Home Loan Mort Corp 4259 Federal Home Loan Mort Corp 4260 Federal Home Loan Mort Corp 4261 Federal Home Loan Mort Corp 4122 Fed. Nat'l Mort. Assoc. 4132 Fed. Nat'l Mort. Assoc. 4137 Fed. Nat'l Mort. Assoc. 4141 Fed. Nat'l Mort. Assoc. 4143 Fed. Nat'l Mort Assoc. 4144 Fed. Nat'l Mort. Assoc. 4146 Fed. Nat'l Mort Assoc. 4147 Fed. Nat'l Mort. Assoc. 4152 Fed, Nat'l Mort. Assoc. 4159 Fed. Nat'l Mort. Assoc. 4162 Fed. Nat'l Mort. Assoc. 06/15/2016 12/30/2014 02/20/2015 05/24/2016 06/30/2016 08/10/2016 11/16/2016 04/27/2017 10/27/2015 10/27/2015 06/23/2016 06/29/2016 06/30/2016 06/30/2016 06/30/2016 06/30/2016 11/22/2016 05/30/2017 06/14/2017 06/14/2017 06/14/2017 06/15/2017 06/29/2017 10/29/2015 03/09/2016 06/13/2016 06/30/2016 06/23/2016 06/28/2016 06/30/2016 07/19/2016 07/25/2016 12/02/2016 01/17/2017 5,000,000.00 5,004,040.00 5,000,000.00 5,000,000.00 2,250,000,00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5X00,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000,00 5,000,000,00 5,000,000,00 5,000,000.00 3,000,000,00 3,000,000,00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 5,000,000.00 5,000,000.00 4,940,500.03 4,999,650.00 5,004,600.00 4,966,600.00 2,233,102.50 4,963,050.00 5,060,000.00 4,999,550.00 4,997,650.00 4,979,050.00 4,964,150.00 4,988,500.00 4,930.700.00 4,873,600,00 4,553,707.20 4,971,550.00 4,885,400.00 5,000,500.00 5,022,100.00 5,009,250.00 2,999,070.00 2,998,200.00 4,988,350.00 4,988,350.00 4,998,550.00 4,992,050.00 4,911,450.00 2,929,320.00 4,982,950.00 4,902,400.00 5,000,600.00 7,426,875.00 4,986,800.00 5,003,200.00 5,000,000.00 4,999,980.74 5,008,162,60 5,000,000.00 2,250,000.00 5,000,000.00 5,072,790.86 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000,00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,947.77 5,029,049.22 5,027,511.91 2,998,729.91 2,998,728.11 5,000,000.00 5,000,000.00 5,001,540.50 5,000,000.00 4,999,021.53 3,000,000,00 5,000,000.00 5,000,000.00 5,000,000,00 7,500,000.00 5,000,000.00 5,000,000.00 06/14/2021 08/15/2017 03/09/2018 05/24/2019 12130/2020 08/10/2020 09/13/2019 04127/2022 10/27/2017 07/27/2018 06/23/2020 06/29/2018 06/28/2019 09/30/2020 06/30/2021 06/30/2021 11/22/2021 08/28/2020 07/27/2021 08/17/2021 08/28/2019 08/30/2019 06/29/2022 10/26/2018 09/27/2017 06/13/2019 06/30/2021 12/23/2020 06/28/2019 12/30/2020 07/19/2021 04/25/2019 1Z/02/2021 01/17/2020 Subtotal and Average 171,936,747.96 163,406,000.00 162,451,574.70 163,541,463.15 1.416 962 Portfolio CITY AP Run Date: 10/11/2017 - 12:54 PM (PRP PM2) 7.3.0 Report Vet. 7.3.34 HB -22-Item 3. - 11 City of HB Portfolio Management Page 2 Portfolio Details - Investments July 31, 2017 Average Purchase Stated YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Local Agency Investment Funds SYS982 982 Lail City 6,656,020.36 6,656,020.36 6,656,020.36 1.051 1.051 Subtotal and Average 19,346,397.54 6,656,020.36 6,656,020.36 6,656,020.36 1.051 Medium Term Notes -IBRD 459058FE8 4158 Intl Bk Recon & Development 11/18/2016 5,000,000.00 4,977,150.00 4,988,882.53 0.876 AAA 1.109 352 07/19/2018 Subtotal and Average 4,988,434.24 5,000,000.00 4,977,150.00 4,988,882.53 1.109 352 Corporate Bonds 4262 Apple Inc. 4155 Bank of New York 4024 Caterpillar Financial Corp. 4154 Cisco Systems Inc 4044 Chevron Corp 4077 EMC Corp 4007 General Electric Capital Corp 4126 John Deere Capital 4127 John Deere Capital 4164 Kimberly Clark Corp 4049 Coca CoIa Co 4045 Merck & Co Inc 4071 Oracle Corp 4039 Toyota Motor Credit 037833AR1 06406HCZO 14912L5P2 17275RBG6 166764AA8 268648AP7 36962G6K5 24422ESR1 24422ESR1 4943681313 7 191216BA7 58933YAC9 68389XAQ8 139236TAY1 Subtotal and Average Total and Average 06/26/2017 10/24/2016 12/10/2014 09/27/2016 02/09/2015 07/14/2015 05/12/2014 12/08/2015 12/08/2015 12/2812016 02/24/2015 02/09/2015 05/26/2015 01/26/2015 5,000,000.00 5,000,000.00 3,000,000.00 3,000,000.00 3,000,000.00 2,500,000.00 2,500,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,500,000.00 2,000,000.00 3,000,000.00 3,000,000.00 39,500,000.00 214,561,020.36 5,152,250.00 5,042,500.00 2,994,330.00 2,988,150.00 2,997,150.00 2,490,900.00 2,501,850.00 1,000,490,00 2,000,980.00 2,005,820.00 2,496,800.00 1,997,720.00 3,037,980.00 3,022,230.00 39,729,150.00 213,813,895.06 5,156,799.82 5,066,225.25 2,995,658.91 3,006,063.13 3,001,025.20 2,504,961.43 2,501,914.81 1,000,731.75 2,001,555.65 1,992,123.88 2,498,243.51 2,000,387.75 3,027,154.74 3,017,864.60 39,770,720.43 214,957,086.47 1.980 1.617 1.555 1.303 1,003 1,630 1,340 1.350 1.337 2.008 1.258 1.089 1.731 1.500 1,374 937 212 780 128 304 111 136 136 943 243 183 532 449 1.522 565 1.417 845 05/06/2021 02/24/2020 03/01/2018 09/20/2019 12/05/2017 06/01/2018 11/20/2017 12/15/2017 12/15/2017 03/01/2020 04/01/2018 01/31/2018 01/15/2019 10/24/2018 2.850 2.150 1.300 1.400 1.104 1.875 1.600 1.550 1.550 1.850 1.150 1.100 2.375 2.000 A A AA AA AA AA A A AA 39,775,107.98 227,046,687.72 Portfolio CITY AP Run Date: 10/11/2017 -12:54 PM (PRF_PM2}7.3.0 HB -23-Item 3. - 12 City of HB Portfolio Management Page 3 Portfolio Details - Cash July 31, 2017 Average Purchase Stated YTM Days to CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase Subtotal 52,135.42 52,135.42 0 52,135.42 52,135.42 Total Cash and Investments 227,046,687.72 214,561,020.36 213,866,030.48 215,009,221.89 1.417 845 Portfolio CITY AP Run Date: 10/11/2017 - 12:54 PM (PRF PM2) 7.3.0 HB -24-Item 3. - 13 City of HB Portfolio Management Activity By Type July 1,2017 through July 31, 2017 Stated Transaction Purchases Redemptions CUSIP Investment # Issuer Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Coupon 3133EG2L8 4160 Federal Farm Credit Bank 1.920 07/29/2017 0.00 5,007,657.22 3135GOS53 4255 Fed, Nat'l Mort. Assoc. 1.700 07/28/2017 0.00 4,999,113.41 Subtotal 0.00 10,006,770.63 163,541,463.15 Local Agency Investment Funds (Monthly Summary) Page 1 SYS982 982 l_aif City 1.051 49,858.96 5,000,000.00 Subtotal 49,858.96 5,000,000.00 6,656,020.36 Medium Term Notes - 1BRD Su btotal 4,988,882.53 Corporate Bonds Subtotal 39,770,720.43 Total 49,858.96 15,006,770.63 214,957,086.47 Portfolio CITY AP Run Date: 10111/2017 - 12:54 PM (PRF_PM3) 7.3.0 Report Ver. 7.3.36 HB -25-Item 3. - 14 City of HB Portfolio Management Page 1 Activity Summary July 2016 through July 2017 Yield to Maturity Managed Pool Rate Number of Investments Purchased Number of Investments Redeemed Month End Number of Year Securities Average Balance 360 365 Equivalent Equivalent Average Term Average Days to Maturity July August September October November December January February March April May June July 2016 45 230,059,053.62 2016 45 220,520,888.69 2016 43 208,478,917.26 2016 41 196,572,478.10 2016 42 195,690,704.56 2016 47 198,391,624.24 2017 48 216,148,564.96 2017 48 215,339,319.67 2017 47 213,717,521.37 2017 48 213,723,352.90 2017 49 225,340,416.22 2017 52 231,210,075.29 2017 50 227,046,687.72 1.167 1.183 0.588 2 3 1,044 830 1.186 1.203 0.614 1 1,074 831 1.205 1.222 0.634 1 3 1,114 835 1.207 1.224 0.654 1 3 1,090 807 1.208 1.225 0.678 3 2 1,053 795 1.329 1.348 0.719 5 1,154 886 1.341 1.360 0.751 1 1,152 863 1.357 1.376 0.777 0 0 1,179 857 1.315 1.333 0.821 0 1,136 788 1.351 1.370 0.884 2 1,174 827 1.343 1.361 0.925 1 1,123 772 1.402 1.422 0.978 6 3 1,219 866 1.398 1.417 1.051 0 2 1,246 845 Average 47 214,808,855.39 1.293% 1.311% 0.775 2 1 1,135 831 Portfolio CITY AP Run Date: 10/1f2017 - 12:54 PM (PRF_PM4) 7.3.0 Report Ver. 7.3.3b HB -26-Item 3. - 15 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00) 0.00) 248,717.37 539,753.16 519,023.06) 0.00) 2,279,927.08 539,753.16 579,266.66) 0.00) 269,447.47 -14,400.22 22,729.37 2,240,413.58 -129,187.17 23,231.57 277,776.62 2,134,457.98 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 49,858.96 11,416.80 52,040.25) 193,738.85 11,416.80 63,911.05) 9,235.51 141,244.60 278,682.98 -14,400.22 22,729.37 2,381,658,18 -129,187,17 23,231.57 287,012.13 2,275,702.58 City of HB Portfolio Management Page 1 Interest Earnings Summary July 31, 2017 July 31 Month Ending Fiscal Year To Date CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period Portfolio CITY AP PM (PRF_PMS) 7.3.0 Report Ver. 7.3.3b HB -27-Item 3. - 16 ,i0 11EStike. State of California Pooled Money Investment Account in a = ca la- --, Market Valuation '11011190- 7/31/2017 Carrying Cost Plus Description Accrued Interest Purch. Fair Value Accrued Interest United States Treasury: Bills $ 12,692,437,381.05 $ 12,725,746,000.00 NA Notes $ 20,028,488,804.00 $ 19,989,970,000.00 $ 46,915,475.50 Federal Agency: SBA $ 899,851,500.91 $ 890,130,758.11 $ 950,544.73 MBS-REMICs $ 38,385,461.44 $ 40,080,997.95 $ 180,140.70 Debentures 1,289,481,796.46 $ 1,285,839,550.00 $ 3,367,646.15 Debentures FR $ - $ - - Debentures CL $ 150,000,000.00 $ 149,904,500.00 $ 271,944.00 Discount Notes $ 11,344,155,194.12 $ 11,366,064,000.00 NA GNMA $ - $ - $ - Supranational Debentures $ 349,845,968.23 348,475,000.00 $ 1,220,521.00 Supranational Debentures FR $ 50,000,000.00 $ 50,079,500.00 $ 37,036.81 CDs and YCDs FR $ 626,000,000.00 $ 625,000,000.00 $ 936,843.02 Bank Notes $ 700,000,000.00 $ 699,830,996.32 $ 2,651,611.12 CDs and YCDs $ 13,475,000,000.00 $ 13,472,329,984.98 $ 30,088,388.92 Commercial Paper $ 7,973,742,694.43 $ 7,987,023,333.33 NA Corporate: Bonds FR $ - $ - $ -_ _ Bonds $ - $ - $ - Repurchase AFeements $ - $ - $ - Reverse Repurchase - $ - $ Time Deposits $ 5,629,740,000.00 $ 5,629,740,000.00 NA AB 55 & GF Loans 676,014,000.00 $ 676,014,000.00 NA TOTAL $ 75,922,142,800.64 $ 75,936,228,620.69 $ 86,620,151.95 Fair Value Including Accrued Interest $ 76,022,848,772.64 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). HB -28-Item 3. - 17 1,216,616 4,152,206 219,198 949,252 1,473,432 6,476,647 14,487,352 180,286 - 8,306,400 1,291,372 552,152 868,239 1,525,069 5,199,854 $32,410,723 643,766 2,751,200 175,160 1,093,758 1,562,872 6,014,693 12,241,449 574,386 - 5,126,928 804,227 528,817 1,271,801 971,787 2,004,369 $23,523,763 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department July 2017 Cash Receipts and Disbursements June 2017 July 2017 Receipts General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax (UUT) Other Revenue Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses (17,665,221) (12,744,407) (3,434,266) (2,315,228) (886,774) (620,825) (1,031,999) (504,208) Total General Fund Disbursements (23,018,260) (16,184,669) HB -29-Item 3. - 18 Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances (1,555,413) (3,050) (3,651,684) (995,355) (768,135) (939,595) (1,835,605) (3,505,949) (36,273,046) June 2017 $74,763,315 5,824,459 19,575,589 63,932 74,088,745 16,353,318 24,552,179 26,717,233 * $241,938,770 (108,565) (4,050) (5,804,059) (1,776,886) (4,057,624) (1,234,160) (1,460,046) (4,232,639) (34,862,698) July 2017 $69,553,064 4,851,564 20,041,410 59,882 71,672,882 14,125,048 21,023,372 26,272,586 $227,599,808 ($3,862,324) ($11,338,935) * Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -30-Item 3. - 19 City of HB Portfolio Management Portfolio Summary August 31, 2017 City of Huntington Beach 2000 Main St. Huntington Beach, Par Market Book % of Days to YTM YTM Investments Value Value Value Portfolio Term Maturity 360 Equiv. 366 Equiv. Federal Agency Issues - Coupon 153,405,000.00 152,752,236.35 153,535,591.43 76.03 1,352 964 1.399 1.418 Local Agency Investment Funds 6,656,020.36 6,656,020.36 6,656,020.36 3,30 1 1 1.069 1.064 Medium Term Notes - IBRD 5,000,000.00 4,980,800.00 4,969,840.93 2.47 608 321 1.093 1.109 Corporate Bonds 36,500,000.00 36,745,715.00 36,765,061.22 18.21 1,179 562 1,499 1.520 Investments 201,561,020.36 201,134,771.71 201,946,513.94 100.00% 1,258 843 1.399 1.418 Cash and Accrued Interest Accrued Interest at Purchase 21,666.67 21,666.67 Subtotal 21,566.67 21,666.67 Total Cash and Investments 201,561,020.36 201,156,438.38 201,968,180.61 1,258 843 1.399 1.418 Total Earnings Current Year Current Budget Last Year Actual Average Daily Balance Effective Rate of Return August 31 Month Ending 242,552.34 140,000.00 203,488.11 208,273,796.65 1.37% Fiscal Year To Date 2,518,254.92 1,540,000.00 2,104,332.34 212,831,190.15 1.29% Fiscal Year Ending 1,680,000.00 2,299,652.24 I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement filed with the City Council on November 7, 2016. A copy of this policy is available at the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market Values provided by Union Bank y4a IDteractive Data Corporation. Alisa Cufnen, CITY TREASURER Reporting period 0810112017-08131/2017 Portfolio CITY AP Run Date: 10/11)2017 - 12:57 PM (PRF_PM1) 7.3.0 Report Var. 7.3.3b HB -31-Item 3. - 20 1.620 1.375 t250 1.600 1.050 2000. 1.750 0.800 1.000 1.250 1.000 1.000 1.280 1.500 1.500 1.650 1.750 1.875 1.875 1.500 1.500 2.125 1.040 1.000 1.400 1.500 1.500 1.250 1.500 2.000 1.000 1.950 AA AA AA AA AA AA AAA AA AA MA AAA AA AAA AA 1.620 1.100 1.250 1.600 1.518 1.297 1.750 0.800 0,991 1.919 1,000 0.998 t280 t500 1.400 1.650 1,744 1.723 1,733 1.521 1,521 2125 1.040 0.800 1.400 1.505 1.500 1.250 1.500 1.825 1.000 1.950 1,382 189 630 1,216 1,074 742 1,699 56 329 1,026 301 665 1,125 1,398 1,398 1,543 1,092 1,425 1,446 726 728 1,762 420 26 650 1,398 1,209 665 1,216 1417 601 1,553 City of HB Portfolio Management Page 1 Portfolio Details - Investments August 31, 2017 CUSIP Investment # Issuer Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM Days to Maturity S&P 365 Maturity Date Federal Agency Issues - Coupon 3133EGEV3 313378A43 3130A7VVK7 3130A8DC4 3130A8T94 313383VN8 3130AB31.8 3134G7U25 3134G7302 3134G9RN9 3134G9UY1 3134G9F93 3134G9E78 3134G9C54 3134G9G35 3134GAU138 3134GBNN8 3134G9N94 3134G92Y2 3134GBNS7 3134GBLT7 3134GBTS1 3136G2R58 3135GOZLO 3135GOK85 3136G3SJ5 3136G3SN6 3135GOK93 3136G3UTO 3136G3VU6 3136G3YG4 3136G4HM8 4140 Federal Farm Credit Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4157 Federal Home Loan Bank 4166 Federal Home Loan Bank 4117 Federal Home Loan Mort Corp 4120 Federal Home Loan Mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Home Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mart Corp 4150 Federal Home Loan Mart Corp 4151 Federal Home Loan Mart Corp 4156 Federal Home Loan Mort Corp 4256 Federal Home Loan Mort Corp 4257 Federal Home Loan Mort Corp 4258 Federal Home Loan Mort Corp 4259 Federal Home Loan Mort Corp 4260 Federal Home Loan Mort Corp 4261 Federal Home Loan Mort Carp 4122 Fed, Nat'l Mort. Assoc. 4132 Fed. Nat'l Mort. Assoc. 4137 Fed. Nat'l Mart. Assoc. 4141 Fed, Nat'l Mort Assoc. 4143 Fed. Nat'l Mort. Assoc. 4144 Fed. Nat'l Mort Assoc. 4146 Fed. Nat'l Mort, Assoc. 4147 Fed. Nat'l Mort Assoc. 4152 Fed. Nat'l Mort Assoc. 4159 Fed. Nat'l Mort. Assoc. 06/15/2016 02/20/2015 05/24/2016 06/30/2016 08/10/2016 11/16/2016 04/27/2017 10/27/2015 10/27/2015 06/23/2016 06/29/2016 06/30/2016 06/30/2016 06/30/2016 06/30/2016 11/22/2016 05/30/2017 06/14/2017 06/14/2017 06/14/2017 06/15/2017 06/29/2017 10/29/2015 03/09/2016 06/13/2016 06/30/2916 06/23/2016 06/28/2016 06/30/2016 07/19/2016 07/25/2016 12/02/2016 5,000,000.00 5,000,000.00 5,000,000.00 2,250,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000.00 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000,00 5,0013,000.00 5,000,000,00 5,000,000.00 7,500,000.00 5,000,000.00 4,961,750.00 5,005,450.00 4,970,250.00 2,240,527.50 4,970,350.00 5,049,700.00 5,000,750.00 4,998,350.00 4,987,100.00 4,972,800.00 4,989,050.00 4,936,000,00 4,935,800.00 4,574,328.85 4,982,700.00 4,909,550.00 4,999,500.00 5,040,900.00 5,030,150.00 3,000,060.00 2,998,350.00 5,000,450.00 4,990,650,00 5,000,000.00 4,994,250.00 4,933,450.00 2,939,970.00 4,984,850.00 4,920,050.00 5,001,100.00 7,433,550.00 5,000,500.00 5,000,000.00 5,007,039.31 5,000,000.00 2,250,000.00 5,000,000.00 5,069,925.07 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,922.09 5,028,442.35 5,026,945.04 2,998,780.92 2,998,779.06 5,000,000.00 5,000,000.00 5,000,715.23 5,000,000,00 4,999,042.36 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 5,000,000.00 06/14/2021 03/09/2018 05/24/2019 12/30/2020 08/10/2020 09/13/2019 04/27/2022 10/27/2017 07/27/2018 06/23/2020 06/29/2018 06/28/2019 09/30/2020 06/30/2021 06/30/2021 11/22/2021 08/28/2020 07127/2021 08/17/2021 08/28/2019 08/30/2019 06/29/2022 10/26/2018 09/27/2017 06/13/2019 06/30/2021 12/23/2020 06/28/2019 12/30/2020 07/19/2021 04/25/2019 12/02/2021 Subtotal and Average 168,215,762.08 163,405,000.00 152,752,236.35 153,535,591.43 1.418 964 Portfolio CITY AP Run Date: 10/11/2017 - 12:57 PM (PRF PM2) 7.3.0 Report Var. 7.3.3b HB -32-Item 3. - 21 City of HB Portfolio Management Page 2 Portfolio Details - Investments August 31, 2017 Average Purchase Stated YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 366 Maturity Date Local Agency Investment Funds SYS982 982 Leif City 6,656,020.36 5,655,020.36 6,656,020,36 1.084 1.084 1 Subtotal and Average 6,656,020.36 6,656,020.36 6,656,020.36 6,656,020.36 1.084 1 Medium Term Notes - IBRD 459058FE8 4158 Inil Bk Recon & Development 11/18/2016 5,000,000.00 4,980,800.00 4,989,840.93 0.875 AAA 1.109 321 07/19/2018 Subtotal and Average 4,989,392.66 5,000,000.00 4,980,800.00 4,989,840.93 1.109 321 Corporate Bonds 4262 Apple Inc. 4155 Bank of New Y136( 4154 Cisco Systems Inc 4044 Chevron Corp 4077 EMC Corp 4007 General Electric Capital Corp 4128 John Deere Capital 4127 John Deere Capital 4164 Kimberly Clark Corp 4049 Coca Cola Co 4045 Merck & Co Inc 4071 Oracle Corp 4039 Toyota Motor Credit 037833AR1 064061-ICZ0 17275RBG6 166754AA8 2686413AP7 36962G6K5 24422ESR1 24422ESR1 494358BP7 19121613A7 58933YAC9 68389XAQ8 89236TAY1 Subtotal and Average Total and Average 08/26/2017 10/24/2016 09/27/2016 02/09/2015 07/14/2015 05/12/2014 12/08/2015 12/08/2015 12/28/2016 02/24/2015 02/09/2015 05/26/2015 01/26/2015 5,000.000.00 5,000,000.00 3.000.000.00 3,000,000.00 2,500,000.00 2,500,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,500,000.00 2,000,000.00 3,000,000.00 3,000,000.00 36,500,000.00 241,561,020.36 5,165,350.00 5,045,550.00 2,989,620.00 2,997,570.00 2,490,975.00 2,501,175.00 1,000,310.00 2,000,620.00 2,007,360,00 2,496,675.00 1,997,720.00 3,035,070.00 3,017,700.00 36,745,715.00 201,134,771.71 5,153,328.24 5,064,072.75 3,005,826.60 3,000,777.17 2,504,465.28 2,501,387.80 1,000,567.92 2,001,207.37 1,992,377.95 2,498,463.07 2,000,322.76 3,025,609.50 3,016,654.81 36,765,061.22 201,946,513.94 1.980 1.617 1.303 1,003 1.630 1.340 1.350 1.337 2.008 1.258 1.089 1.731 1.500 1,343 906 749 95 273 80 105 105 912 212 152 501 418 1.520 562 1.418 843 05/06/2021 02/24/2020 09/20/2019 12/05/2017 06/01/2018 11/20/2017 12/15/2017 12/15/2017 03/01/2020 04/01/2018 01/31/2018 01/15/2019 10/24/2018 2.850 2.150 1.400 1.104 1.1375 1,600 1,550 1.550 1.850 1.150 1.100 2.375 2.000 A AA AA AA A A AA AA AA AA 38,412,621.57 208,273,796.65 Portfolio CITY AP Run Date: 10/11/2017 - 12:57 PM (PRF_PM2) 7.3.0 HB -33-Item 3. - 22 City of HB Portfolio Management Page 3 Portfolio Details - Cash August 31, 2017 Average Purchase Stated YTM Days to CUSIP Investment N Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase 21,666,67 21,666.67 0 Subtotal 21,666.67 21,666.67 Total Cash and Investments 208,273,796.65 201,561,020.36 201,156,438.38 201,968,180.61 1.418 843 Portfolio CITY AP Run Date: 10/1112017 - 12:57 PM (PRF_PM2) 7.3.0 HB -34-Item 3. - 23 City of HB Portfolio Management Activity By Type August 1, 2017 through August 31, 2017 Stated Transaction Purchases Redemptions CUSIP Investment # Issuer Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Coupon 3130A3TA2 4038 Federal Home Loan Bank 1.000 08/15/2017 0.00 5,000,000.00 3136G4KM4 4152 Fed. Nat'l Mort. Assoc. 1.750 08/16/2017 0.00 5,000,000.00 Subtotal 0.00 10,000,000.00 153,535,591.43 Local Agency Investment Funds (Monthly Summary) Subtotal Medium Term Notes - IBRD Subtotal Corporate Bonds 14012L5P2 4024 Caterpillar Financial Corp. Subtotal Total 6,656,020.36 4,989,840.93 1.300 08/18/2017 0.00 2,996,010.34 0.00 0.00 2,996,010.34 12,996,010.34 36,765,061.22 201,946,513.94 Page 1 Portfolio CITY AP Run Date: 10/11/2017 - 12:57 (PRF Plv13) 7.3.0 Report Vet. 7.33b HB -35-Item 3. - 24 City of HB Portfolio Management Page 1 Activity Summary August 2016 through August 2017 Yield to Maturity Managed Number Number Month Number of Average 360 365 Pool of Investments of Investments Average Average End Year Securities Balance Equivalent Equivalent Rate Purchased Redeemed Term Days to Maturity August September October November December January February March April May June July August 2016 45 220,520,888.69 2016 43 208,478,917.26 2016 41 196,572,478.10 2016 42 195,690,704.56 2016 47 198,391,624.24 2017 48 216,148,564.96 2017 48 215,339,319.67 2017 47 213,717,521.37 2017 48 213,723,352.90 2017 49 225,340,416.22 2017 52 231,210,075.29 2017 50 227,046,687.72 2017 47 208,273,796.55 1.186 1.205 1.207 1.208 1.329 1.341 1.357 1.315 1.351 1.343 1.402 1.398 1.399 1.203 1.222 1.224 1.225 1.048 1.360 1.376 1.333 1.370 1.361 1.422 1.417 1.418 0.614 0.634 0.654 0,678 0.719 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1 1 1 3 5 1 0 0 2 1 6 3 3 2 3 2 3 1,074 1,114 1,090 1,053 1,154 1,152 1,179 1,136 1,174 1,123 1,219 1,246 1,258 831 835 807 795 886 863 857 788 827 772 866 845 843 Average 47 213,103,443.86 1.311% 1.329% 0.813 2 1 1,152 832 Portfolio CITY AP Run Date: 10/11/2017 1157 PM (PRF_PM4) 7.3.0 Report Var. 7.3.3b HB -36-Item 3. - 25 August 31 Month Ending Fiscal Year To Date 167,935.42 623,134.70 539,753.16) 0.00) 251,316.96 -14,562.19 -330.34 236,424.43 0.00 0.00 0.00) 0.00) 0.00 0.00 0.00 0.00 0.00 17,544.71 11,416.80) 6,127.91 257,444.87 -14,562.19 -330.34 2,447,862.50 623,134.70 579,266.66) 0.00) 2,491,730.54 -143,749.36 22,901.23 2,370,882.41 0.00 0.00 0.00) 0.00) 0.00 0,00 0.00 0.00 193,738.85 17,544.71 63,911.05) 147,372.51 2,639,103.05 -143,749.36 22,901.23 242,552.34 2,518,254.92 City of HB Portfolio Management Page 1 Interest Earnings Summary August 31, 2017 CD/Coupon/Discount Investments: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses Total Earnings during Period Portfolio CITY AP PM (PR F PM6) 7.3.0 Report Ver. 7.3.3b HB -37-Item 3. - 26 givEsri,. State of California 4 51 MIA Tv Pooled Money Investment Account m i n cz g Market Valuation a- -v tfo AO IMMO 8/31/2017 Carrying Cost Plus Description Accrued Interest Purch. Fair Value Accrued Interest — — United States Treasury: Bills $ 12,640,985,332.44 $ 12,685,145,000.00 NA Notes $ 19,724,870,888.39 $ 19,700,096,500.00 $ 28,550,338.00 Federal Agency: SBA $ 890,893,140.28 $ 881,357,578.92 $ 940,960.41 MBS-REMICs $ 37,538,927.77 $ 39,203,368.02 $ 176,145.80 Debentures $ 1,414,303,546.45 $ 1,411,152,000.00 4,517,750.05 Debentures FR $ - $ - $ - Debentures CL $ 150,000,000.00 $ 150,033,000.00 $ 466,736.00 Discount Notes $ 11,142,008,485.84 $ 11,171,756,000.00 NA GNMA $ . - $ - $ - Supranational Debentures $ 349,845,968.23 $ 348,794,000.00 $ 1,549,479.50 Supranational Debentures FR $ 50,000,000.00 $ 50,077,000.00 $ 97,465.28 CDs and YCDs FR $ 625,000,000.00 $ 625,000,000.00 $ 1,758,732.68 Bank Notes $ 900,000,000.00 $ 899,836,372.88 $ 3,597,861.11 CDs and VCDs $ 13,575,000,000.00 $ 13,573,694,501.39 $ 38,666,444.42 Commercial Paper $ 7,276,002,152.74 $ 7,290,266,833.32 NA Corporate: Bonds FR $ - $ - $ - Bonds $ - $ - - Repurchase Agreements $ - $ - $ - Reverse Repurchase $ - $ - $ - Time Deposits $ 5,646,740,000.00 $ 5,646,740,000.00 NA AB 55 & GF Loans $ 704,430,000.00 $ 704,430,000.00 NA TOTAL $ 75,127,618,442.14 $ 75,177,582,154.53 $ 80,321,913.25 Fair Value Including Accrued Interest $ 75,257,904,067.78 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). HB -38-Item 3. - 27 643,766 2,751,200 175,160 1,093,758 1,562,872 6,014,693 12,241,449 574,386 5,126,928 804,227 528,817 1,271,801 971,787 2,004,369 $23,523,763 109,432 3,668,300 225,504 1,423,233 1,646,639 5,431,519 12,504,626 77,557 - 6,077,512 951,547 1,207,991 2,399,135 3,265,914 1,294,744 $27,779,025 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department August 2017 Cash Receipts and Disbursements July 2017 August 2017 Receipts 'General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax (UUT) Other Revenue Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses (12,744,407) (12,408,505) (2,315,228) (3,779,274) (620,825) (502,331) (504,208) (3,850,660) Total General Fund Disbursements (16,184,669) (20,540,770) HB -39-Item 3. - 28 Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances (108,565) (4,050) (5,804,059) (1,776,886) (4,057,624) (1,234,160) (1,460,046) (4,232,639) (34,862,698) July 2017 $69,553,064 4,851,564 20,041,410 59,882 71,672,882 14,125,048 21,023,372 26,272,586 $227,599,808 (129,181) (4,174,789) (7,265,828) (1,566,838) (1,012,936) (1,649,861) (1,351,562) (3,637,874) (41,329,640) August 2017 $61,625,772 4,236,272 19,989,786 67,186 73,841,824 11,781,918 21,218,427 28,957,817 $221,719,002 ($11,338,935) ($13,550,614) * Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -40-Item 3. - 29 City of Huntington Beach 2000 Main St. Huntington Beach, City of HB Portfolio Management Portfolio Summary September 30, 2017 Investments Par Value Market Value Book % of Value Portfolio Term Days to Maturity YTM YTM 360 Equiv. 365 Equiv. Federal Agency Issues - Coupon 148,405,000.00 147,254,268.50 148,529,810.47 75.42 1,379 966 1.416 1.439 Local Agency Investment Funds 6,656,020.36 6,656,020.36 6,656,020.36 3.38 1 1 1.096 1.111 Medium Term Notes - I3RD 5,000,000.00 4,979,850.00 4,990,799.33 2.53 608 291 1.093 1.109 Corporate Bands 36,500,000.00 36,677,430.00 36,755,060.92 18.66 1,179 532 1,499 1.520 Investments 196,561,020.36 195,567,558.86 196,931,691.08 100.00% 1,275 835 1.415 1.435 Cash and Accrued Interest Accrued Interest at Purchase 21,666.67 21,666.67 Subtotal 21,666.67 21,666.37 Total Cash and Investments 196,561,020.36 195,589,225.53 196,953,357.75 1,275 835 1.415 1.435 Total Earnings Current Year Current Budget Last Year Actual Average Daily Balance Effective Rate of Return September 30 Month Ending 234,584.55 140,000.00 196,054.02 201,272,141.13 1.42% Fiscal Year To Date 2,752,839.47 1,680,000.00 2,300,385.36 211,881,131.33 1.30% Fiscal Year Ending 2,752,839.47 1,680,000.00 2,300,386.36 I certify that this report accurately reflects all City pooled investments and is in conformity with all State laws and the investment policy statement filed with the City Council on November 7, 2016. A copy of this policy is available at the office of the City Clerk. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market Values provided by Union Banki 'a teractive Data Corporation. Alisa Cuff-hen, CITY TREASURER Reporting period 0910112017-09130/2017 Portfolio CITY AP Run Date: 10/19/2017 - 13:02 PM {PRF_PM1) 7.3.0 Report Var. 7.3.36 HB -41-Item 3. - 30 1.620 1.375 1.250 1.600 1.050 2.000 1.750 0.800 1.000 1.250 1.000 1.000 1.280 1.500 1.500 1.650 1.750 1.875 1.875 1.500 1.500 2.125 1,040 1.400 1,500 1,500 1.250 1.500 2,000 1.000 1.950 AA 1.620 AA 1.100 AA 1.250 AA 1.600 AA 1.518 1.297 1,750 0.800 0.991 1.919 1.000 0.998 1.280 1.500 1.400 1.650 1.744 1.723 1.733 1.521 1.521 2.125 AA 1.040 AA 1.400 AA 1.505 AA 1.500 AA 1.250 AA 1.500 AA 1.825 AA 1.000 1.950 1,352 159 600 1,186 1,044 712 1,669 26 299 996 271 635 1,095 1,368 1,368 1,513 1,062 1,395 1,416 696 698 1,732 390 620 1,368 1,179 635 1,166 1,387 571 1,523 City of HB Portfolio Management Page 1 Portfolio Details - Investments September 30, 2017 CUSIP Investment Issu er Average Balance Purchase Date Par Value Market Value Stated Book Value Rate YTM Days to maturity S&P 365 maturity Date Federal Agency Issues - Coupon 3133EGBV3 313378A43 3130A7WK7 3130A8DC4 3130A8T94 313383VN8 3130AB3L8 3134G7U25 3134G73Q2 3134G9RN9 3134G9UY1 3134G9F93 3134G9E78 3134G9C54 3134G9G35 3134GAUB8 3134GBNN8 3134G9N94 3134G92Y2 3134GBN$7 3134GBLY7 3134GBTS1 3136G2R58 3135GOK85 3136 G3S.,15 3136G3$N6 3135GOK93 3136G3UTO 3136G3VL.16 3136G3YG4 3136G4HMB 4140 Federal Farm Credit Bank 4048 Federal Home Loan Bank 4136 Federal Home Loan Bank 4138 Federal Home Loan Bank 4153 Federal Home Loan Bank 4157 Federal Home Loan Bank 4166 Federal Home Loan Bank 4117 Federal Home Loan Mort Corp 4120 Federal Home Loan Mort Corp 4139 Federal Home Loan Mort Corp 4142 Federal Home Loan Mort Corp 4148 Federal Home Loan Mort Corp 4149 Federal Home Loan Mort Corp 4150 Federal Home Loan Mort Corp 4151 Federal Home Loan Mort Corp 4156 Federal Home Loan Mort Corp 4256 Federal Home Loan Mort Corp 4257 Federal Home Loan Mort Corp 4258 Federal Home Loan Mort Corp 4259 Federal Home Loan Mort Corp 4260 Federal Home Loan Mort Corp 4261 Federal Home Loan Mort Corp 4122 Fed, Nat'l Mort Assoc. 4137 Fed. Nat'l Mort. Assoc. 4141 Fed. Nat'l Mort. Assoc. 4143 Fed. Nat'l Mort. Assoc. 4144 Fed, Nat'l Mort. Assoc. 4146 Fed. Nat'l Mort. Assoc. 4147 Fed. Nat'l Mort. Assoc. 4152 Fed. Nail Mort. Assoc. 4159 Fed. Nat'l Mort. Assoc. 06/15/2016 02/20/2015 05/24/2016 06/30/2016 08/10/2016 11/16/2016 04/27/2017 10/27/2015 10/27/2015 06/23/2016 06/29/2016 06/30/2016 06/30/2016 06/30/2016 06/30/2016 11/2212016 05/30/2017 06/14/2017 06/14/2017 06/14/2017 06/15/2017 06/29/2017 10/29/2015 06/13/2016 06/30/2016 06/23/2016 06/28/2016 06/30/2016 07/19/2016 07/25/2016 12/02/2016 5,000,000.00 5,000,000.00 5,000,000.00 2,250,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000.00 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 5,000,000.00 4,926,050.00 5,004,350.00 4,960,350.00 2,227,680.00 4,965,550.00 5,045,200.00 4,990,100.00 4,999,100.00 4,985,450.00 4,964,150.00 4,988,750.00 4,926,950.00 4,930,750.00 4,541,883.50 4,945,900.00 4,871,200.00 4,974,650.00 5,001,900.00 5,005,750.00 2,992,800.30 2,990,490.00 4,981,050.30 4,983,900.00 4,979,600.00 4,898,050.00 2,925,030.00 4,968,950,00 4,695,200.00 4,993,350.00 7,420,725.00 4,968,400,00 5,000,000.00 5,005,916.01 5,000,000.00 2,250,000.00 5,000,000.00 5,067,059.29 5,000,000,00 5,000,000,00 5,000,000,00 5,000,000,00 5,000,000.00 5,000,000.00 5,000,000.00 4,655,000.00 5,000,000.00 5,000,000.00 5,000,896.40 5,027,835.47 5,026,378.18 2,998,831.93 2,998,830.00 5,000,000.00 5,000,000.00 5,000,000.00 4,999,063.19 3,000,000.00 5,000,000.00 5,000,000.00 5,000,000.00 7,500,000.00 5,000,000.00 36/14/2021 33/09/2018 05/24/2019 12/30/2020 06/10/2020 09/13/2019 04/27/2022 10/27/2017 07/27/2018 06/23/2020 06/29/2018 06/28/2019 09/30/2020 06/30/2021 06/30/2021 11/22/2021 08/28/2020 07/27/2021 08/17/2021 08/28/2019 08/30/2019 06/29/2022 10/26/2018 06/13/2019 06/30/2021 12/23/2020 06/28/2019 12/30/2020 07/19/2021 04/25/2019 12/02/2021 Subtotal and Average 152,865,890.26 148,405,000.00 147,254,258.50 148,529,810.47 1.439 966 Local Agency Investment Funds SYS982 982 Lalf City 6,656,320.36 6,656,020.36 6,656,020.36 1.111 Portfolio CITY AP Run Date: 10/19/2017 - 13:02 PM (PRF_PM2) 7.3.0 Report Ver. 7.3.38 HB -42-Item 3. - 31 City of HB Portfolio Management Page 2 Portfolio Details - Investments September 30, 2017 Average Purchase Stated YTM Days to Maturity CUSIP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Date Subtotal and Average 6,656,020.36 6,656,020.36 6,656,020.36 6,656,020.36 Medium Term Notes - 1BRD 459058FE8 4158 InS Bk Recon & Development 11/18/2016 5,000,000.00 4,979,850.00 4,990,799.33 0.876 AAA 1.109 291 07/19/2018 Subtotal and Average 4,990,336.11 5,000,000.00 4,979,850.00 4,990,799.33 1.109 291 Corporate Bonds 4262 Apple Inc. 4155 Bank of New York 4154 Cisco Systems Inc 4044 Chevron Corp 4077 EMC Corp 4007 General Electric Capital Corp 4126 John Deere Capital 4127 John Deere Capital 4164 Kimberly Clark Corp 4049 Coca Cola Co 4045 Merck & Co Inc 4071 Oracle Corp 4039 Toyota Motor Credit 037833AR 1 06406HCZO 17275RBG6 166764AA8 268648AP7 36962G6K5 24422ESR1 24422ESR 1 494368BP7 191216BA7 56933YAC9 68389XAQ8 89236TAY1 Subtotal and Average Total and Average 06/26/2017 10/24/2015 09/27/2016 02/0912015 07114/2015 05/12/2014 12/08/2015 12/08/2015 12/28/2016 02124/2015 02109/2015 05/25/2015 01/26/2015 5,000,000.00 5,000,000.00 3,000,000.00 3,000,000.00 2,500,000.00 2,500,000.00 1,000,000.00 2,000,000.00 2,000,000.00 2,500,000.00 2,000,000.00 3,000,000.00 3,000,000,00 36,600,000.00 196,561,020.36 5,137,900.00 5,024,000.00 2,984,940.00 2,998,560.00 2,490,075.00 2,501,300.00 1,000,360.00 2,000,720.00 1,999,000.00 2,496,625.00 1,999,220.00 3,030,360,00 3,014,370.00 36,677,430.00 195,567,558.86 5,149,856.65 5,061,920.25 3,005,590.07 3,000,529.13 2,503,969.14 2,500,860.78 1,000,404.10 2,000,859.09 1,992,632.02 2,498,682.63 2,000,257.78 3,024,054.27 3,015,446.01 36,755,060.92 196,931,691.08 1.980 1.617 1.303 1.003 1.630 1.340 1.350 1.337 2.008 1.258 1.089 1.731 1.500 1,313 876 719 65 243 50 75 75 882 182 122 471 388 1.520 532 1.435 835 05/05/2021 02/24/2020 09/20/2019 12/05/2017 06/01/2018 11/20/2017 12/15/2017 12/15/2017 03/01/2020 04/01/2018 01/31/2018 01/15/2019 10/24/2018 2.850 2.150 1.400 1.104 1.875 1.600 1.550 1.550 1,850 1.150 1.100 2.375 2.000 A AA AA AA AA A A AA AA AA AA 36,769,894.41 201,272,141.13 Portfolio CITY AP Run Date: 10/19/2017 - 13:02 PM (PRF_PM2) 7.3.0 HB -43-Item 3. - 32 City of HB Portfolio Management Page 3 Portfolio Details - Cash September 30, 2017 Average Purchase Stated YTM Days to CUSP Investment # Issuer Balance Date Par Value Market Value Book Value Rate S&P 365 Maturity Average Balance 0.00 Accrued Interest at Purchase Subtotal 21,666.67 21,666.67 0 21,666.67 21,666.67 Total Cash and Investments 201,272,141.13 196,561,020.36 195,589,225.53 196,953,357.75 1.435 835 Portfolio CITY AP Run Dale- 10/1912017 - 13'02 PM (PRF PM2) 7.3.0 HB -44-Item 3. - 33 City of HB Portfolio Management Activity By Type September 1, 2017 through September 30, 2017 Stated Transaction Purchases Redemptions CUSIP Investment # Issuer Rate Date or Deposits or Withdrawals Balance Federal Agency Issues - Coupon 3135G0ZL0 4132 Fed. Nan Mort Assoc. 1.000 09/27/2017 0.00 5,000,000.00 Subtotal 0.00 5,000,000.00 148,529,810.47 Local Agency Investment Funds (Monthly Summary) Medium Term Notes - IBRD Corporate Bonds Subtotal Subtotal Subtotal 6,656,020.36 4,990,799.33 36,756,060.92 Total 0.00 6,000,000.00 196,931,691.08 Page 1 Portfolio CITY AP Run Date: 10)19/2017- 13:02 PM (PRF_PM3) 7.3.0 Report Var. 7.3.3b HB -45-Item 3. - 34 City of HB Portfolio Management Page 1 Activity Summary September 2016 through September 2017 Yield to Maturity Managed Pool Rate Number of Investments Purchased Number of lnvestments Redeemed Month End Number of Year Securities Average Balance 360 366 Equivalent Equivalent Average Term Average Days to Maturity September October November December January February March April May June July August September 2016 43 208,478,917.26 2016 41 196,572,478.10 2016 42 195,690,704.56 2016 47 198,391,624.24 2017 48 216,148,564.96 2017 48 215,339,319.67 2017 47 213,717,521.37 2017 48 213,723,352.90 2017 49 225,340,416.22 2017 52 231,210,075.29 2017 50 227,046,687.72 2017 47 208,273,796.65 2017 46 201,272,141.13 1.205 1.207 1.208 1.329 1.341 1.357 1.315 1.351 1.343 1.402 1.398 1.399 1.415 1.222 1.224 1.225 1.348 1.360 1.376 1.333 1.370 1.361 1422 1.417 1.418 1.435 0.634 0.654 0.678 0.719 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 3 5 1 0 0 2 6 3 3 2 3 2 3 1,114 1,090 1,053 1,154 1,152 1,179 1,136 1,174 1,123 1,219 1,246 1,258 1,275 835 807 795 886 863 857 788 827 772 866 845 843 835 Average 47 211,622,735.32 1.328% 1.347% 0.851 2 1 1,167 832 Portfolio CITY AP Run Date: 10/1912017 - 13:02 PM (PRF_PM4) 7.3.0 Report Ver. 7.3.3b HB -46-Item 3. - 35 City of HB Portfolio Management Page 1 Interest Earnings Summary September 30, 2017 CD/Coupon/Discount Investments: Interest Collected Pius Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period September 30 Month Ending 148,875.00 717,589.16 623,134.70) 0.00) Fiscal Year To Date 2,596,737.50 717,589.16 579,266.66) 0.00) Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Pass Through Securities: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Less Accrued Interest at Purchase During Period Interest Earned during Period Adjusted by Premiums and Discounts Adjusted by Capital Gains or Losses Earnings during Periods Cash/Checking Accounts: Interest Collected Plus Accrued Interest at End of Period Less Accrued Interest at Beginning of Period Interest Earned during Period Total Interest Earned during Period Total Adjustments from Premiums and Discounts Total Capital Gains or Losses 243,329.46 -14,822.86 0.00 228,506.60 0.00 0.00 0.00 0.00 23,622.66 17,544.71) 6,077.95 249,407.41 -14,822.86 0.00 2,735,060.00 -158,572.22 22,901.23 2,599,389.01 0.00 0.00 0.00 193,738.85 23,622.66 63,911.05) 153,450.46 2,888,510.46 -158,572.22 22,901.23 0.00 0.00 0.00 0.00 0.00) 0.00) 0.00) 0.00) 0.00 0.00 Total Earnings during Period 234,584.55 2,752,839.47 Portfolio CITY AP PM (PRF_PM6) 72.o Report Ver. 7.3.36 HB -47-Item 3. - 36 State of California Pooled Money Investment Account Market Valuation 9/30/2017 Carrying Cost Plus Accrued Interest Purch. Description Amortized Cost Fair Value Accrued Interest United States Treasury: Bills 14,674,811,264.34 $ 14,728,634,539.67 $ 14,723,448,000.00 NA Notes 18,827,121,137,72 $ 18,825,793,811.24 $ 18,779,355,000.00 $ 35,404,702.50 Federal Agency: SBA 882,001,016.40 $ 882,001,016.40 $ 872,264,699.96 $ 1,109,845.38 MBS-REMICs 36,639,144.19 $ 36,639,144.19 $ 38,144,662.40 $ 171,758.71 Debentures 1,328,997,141.66 $ 1,328,621,620.83 $ 1,324,530,000.00 $ 2,307,558.75 Debentures FR Debentures CL 250,000,000.00 $ 250,000,000.00 $ 249,152,500.00 $ 732,860.50 Discount Notes 9,694,389,458.06 $ 9,721,523,694.20 $ 9,720,621,000.00 NA GNMA Supranational Debentures Supranational Debentures FR CDs and YCDs FR Bank Notes CDs and YCDs 450,315,184.02 $ 450,217,961.80 $ 448,745,000.00 $ 1,053,298.00 50,000,000.00 $ 50,000,000.00 $ 50,075,500.00 $ 155,944.44 625,000,000,00 $ 625,000,000.00 $ 625,000,000.00 $ 1,539,891.61 700,000,000.00 $ 700,000,000.00 $ 699,891,966.88 $ 3,317,666.66 12,325,000,000.00 $ 12,325,000,000.00 $ 12,323,151,274.56 $ 32,191,583.30 Commercial Paper 6,177,895,486.11 $ 6,189,905,611.10 $ 6,189,559,750.03 NA Corporate: Bonds FR Bonds Repurchase Agreements Reverse Repurchase Time Deposits 5,636,740,000.00 $ 5,636,740,000.00 $ 5,636,740,000.00 NA AB 55 & GF Loans 695,865,000.00 $ 695,865,000.00 $ 695,865,000.00 NA TOTAL 72,354,774,832.50 $ 72,445,942,399.43 $ 72,376,544,353.83 $ 77,985,109.85 Fair Value Including Accrued Interest $ 72,454,529,463.68 * Governmental Accounting Standards Board (GAS B) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (0.999042071). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,980,841.43 or $20,000,000.00 x 0.999042071. HB -48-Item 3. - 37 Statement of Cash Receipts and Disbursements and Summary of Cash by Fund Finance Department September 2017 Cash Receipts and Disbursements August 2017 September 2017 Receipts General Fund Property Tax Local Sales Tax Public Safety Sales Tax Transient Occupancy Tax Receipts (TOT) Utility Users Tax (UUT) Other Revenue Total General Fund Revenue Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Receipts Disbursements General Fund Personal Services Operating Expenses Capital Expenditures Non-Operating Expenses 109,432 3,668,300 225,504 1,423,233 1,646,639 5,431,519 12,504,626 77,557 6,077,512 951,547 1,207,991 2,399,135 3,265,914 1,294,744 $27,779,025 (12,408,505) (3,779,274) (502,331) (3,850,660) 1,477,819 3,345,237 188,966 1,281,063 1,726,209 5,574,670 13,593,965 292,137 - 5,470,088 33,296 749,932 917,517 98,797 2,638,338 $23,794,070 (12,305,249) (3,294,538) (1,202,551) (1,538,988) Total General Fund Disbursements (20,540,770) (18,341,326) HB -49-Item 3. - 38 (129,181) (4,174,789) (7,265,828) (1,566,838) (1,012,936) (1,649,861) (1,351,562) (3,637,874) (41,329,640) (69,414) - (2,373,482) (263,885) (749,950) (1,667,617) (620,680) (5,373,662) (29,460,016) ($13,550,614) ($5,665,946) August 2017 September 2017 $61,625,772 $50,398,403 4,236,272 4,005,683 19,989,786 67,186 73,841,824 11,781,918 21,218,427 28,957,817 20,212,510 67,186 77,732,425 9,046,594 21,218,409 27,658,215 $221,719,002 $210,339,424 Capital Projects Funds Debt Service Funds Enterprise Funds General Fund Other Internal Service Funds Special Revenue Funds Grant Funds Trust and Agency Funds Total Disbursements Net Change in Cash Flow Summary of Cash by Fund General Fund General Fund Other Capital Projects Funds Debt Service Funds Enterprise Funds Trust and Agency Funds Internal Service Funds Special Revenue Funds General Ledger Cash Balances ''' Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. HB -50-Item 3. - 39 City of Huntington Beach Quarterly Treasurer’s Report Quarter Ending: September 30, 2017 Prepared by: Alisa Cutchen, CCMT, CPFIM, City Treasurer HB -51-Item 3. - 40 Market Overview - At 9/30/17 Economic Indicators •PCE 1.3% •Unemployment rate 4.2% •Labor Participation rate 63.1% •Federal Funds Rate: 1.00-1.25% Debt/Equity Markets % QTRLY CHANGE •S&P 500: 2,519.36 +4.0% •DOW: 22,405.09 +4.9% •10 YR Treasury: 2.33% +0.9% HB -52-Item 3. - 41 Overview of City Investments Pooled Cash Portfolio •City’s cash resources available to fund operations, capital projects, debt service and other items •Pooled to facilitate cash management •Excess cash invested Governance •CA Government Code •City’s Investment Policy •Monthly/quarterly reporting: http://www.huntingtonbeachca.gov/ government/elected_officials/ city_treasurer/ Other Investments •Supplemental Retiree Pension •Deferred Compensation Plan •Other Pension Benefits 115 Trust •Retiree Medical Trust (CalPERS) •Joint Powers Accounts •Bond Reserve Accounts HB -53-Item 3. - 42 Portfolio Summary As of 9/30/17 Investment Type / Market Value: •Federal Agencies - $147.3MM •Corporate Bonds - $36.7MM •LAIF - $6.6MM •IBRD - $5.0MM TOTAL PORTFOLIO: $195.6MM HB -54-Item 3. - 43 Investments by Type As of September 30, 2017 HB -55-Item 3. - 44 Monthly Earnings - October 2016 to September 2017 $ in thousands HB -56-Item 3. - 45 Portfolio Earnings - As of September 30, 2017 Current Year - Month September 2017: $234,585 vs. last year: $196,054 Current Year - Fiscal YTD Through 9/30/17: $2,752,839 vs. last year: $2,300,386 Effective Rate of Return September 2017: 1.42% *Benchmark: 1.21% Fiscal YTD: 1.30% *12mo. moving avg. 2YR CMT Total Earnings Fiscal Year 2016-17 $2,752,839 to be utilized for City operations Offset taxpayer $ HB -57-Item 3. - 46 Compliance The portfolio is in compliance with all relevant State regulations and the City’s Investment Policy Selected Investment Policy Requirements: Investment Type Max. Maturity Max. % of Portfolio Ratings Federal Agencies 5 yrs none AAA/Aa IBRD 5 yrs 10% AAA/Aaa Corporate Bonds 5 yrs 30% A or above LAIF n/a $65MM per n/a account HB -58-Item 3. - 47 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, October 16, 2017 4:30 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/ 4:30 PM — COUNCIL CHAMBERS With no items scheduled for Study Session, the meeting was called to order at 4:30 PM. CALLED TO ORDER — 4:30 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 — 4:31 PM A motion was made by Posey, second Semeta to recess into Closed Session for Items 1 – 6. With no objections, the motion carried. Mayor Delgleize announced: Pursuant to Government Code § 54957.6, the City Council takes this opportunity to publicly introduce and identify designated labor negotiator, City Manager Fred Wilson, who will be participating in today’s Closed Session discussions regarding labor negotiations with: Huntington Beach 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 recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Michael McClanahan vs. City of Huntington Beach, 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 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). HB -59-Item 5. - 1 Council/PFA Regular Minutes October 16, 2017 Page 2 of 8 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: 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 recessed 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 recessed 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 recessed 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 RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson Absent: None PLEDGE OF ALLEGIANCE — Led by Councilmember Peterson INVOCATION — Provided by 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. CLOSED SESSION REPORT BY CITY ATTORNEY — None AWARDS AND PRESENTATIONS Mayor Delgleize presented a proclamation to the County of Orange Childhood Lead Poisoning Prevention Program to proclaim October 22 to 28 as “Childhood Lead Poisoning Prevention Week.” Marti Mesa and Christina Valdez, representing Orange County Healthcare Agency, described some of the common sources of lead poisoning and added that a blood test is the only way to properly diagnose. Mayor Delgleize called on Stephanie Deagle from Relay for Life Huntington Beach who provided an update on this fundraising effort of the American Cancer Society. Ms. Deagle reported that $50,766 was raised this year at the August event thanks to the hard work of many people and generous sponsors. HB -60-Item 5. - 2 Council/PFA Regular Minutes October 16, 2017 Page 3 of 8 Mayor Delgleize called on City Clerk Robin Estanislau and Information Services Director Behzad Zamanian who presented the Mayor’s Award to Senior Information Technology Analyst Nicole Arms. Nicole manages and implements major technology projects for all departments within the City, holds a Masters of Information Technology, Bachelors degree in Business Education, and is a certified Project Management Professional. Nicole was congratulated for her outstanding attitude of service and taking on responsibility with intelligence, patience, friendliness and responsiveness. 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: Public Hearing: Item No. 7 - email communication received from Deke Lightholder regarding the Rofael Marina permit/ project. PUBLIC COMMENTS (3 Minute Time Limit) — 9 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. Karl Fees was called to speak and shared his opinions about the unacceptable noise related to business activities at all hours of the day and night at the shopping center located at the southwest corner of Beach Boulevard and Atlanta Avenue. Mayor Delgleize asked him to complete a blue card for follow-up. (00:22:12) Timothy Schnupp was called to speak and echoed the comments of Mr. Fees regarding the disruptive noise at the Beach and Atlanta shopping center, and requested the City's assistance to remediate. Mayor Delgleize asked him to complete a blue card for follow-up. (00:25:36) Carmela Miars was called to speak and announced details for the upcoming Fall Festival for the Therapeutic Riding Center at Huntington Beach Equestrian Center on October 22. (00:26:52) Stefan Steinberg was called to speak and shared the problems of large trucks parking on Pacific Coast Highway, sometimes for days at a time, near the Peter's Landing area. He requested that parking signs be placed and enforced by the City in this area. Mayor Delgleize asked him to complete a blue card for follow-up. (00:27:49) Amory Hanson, a candidate for Huntington Beach City Council in 2018, was called to speak and shared his concerns about naming the park at 1706 Orange Avenue, site of the former Michael E. Rodgers Senior Center, which in his opinion should retain Mr. Rodgers’ name in recognition of his contributions to the City. (00:30:27) Maureen was called to speak and stated her opinion that the center divider on Adams Avenue, west of Beach Boulevard, is too wide and impedes the flow of traffic. She provided an email address to be used for follow-up on her Request to Speak form. (00:33:00) Bridget Kaub, Community Services Commission member, was called to speak and expressed her appreciation for the City Council's recent decision to not change the Commission's membership. She also stated her support for Councilmember Item No. 8 regarding Councilmember Family Insurance Benefits. (00:33:59) HB -61-Item 5. - 3 Council/PFA Regular Minutes October 16, 2017 Page 4 of 8 Miguel Prieto, Member, Huntington Beach Police Officers' Association (HBPOA), was called to speak and reported on the recent fundraiser to support a local family affected by the Las Vegas violence and acknowledged the people who made this a successful effort. He closed by sharing his perspective on the deteriorating work environment for Huntington Beach Police Officers. (00:35:42) Janet West, resident of Long Beach, was called to speak and detailed her opinions and concerns with Senate Bill 35 regarding planning, zoning and affordable housing, as related to Charter cities like Long Beach and Huntington Beach and distributed a handout. (00:38:49) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember O'Connell reported meeting with members of the Huntington Beach Police Officers' Association (HBPOA) and the Huntington Beach Firefighters' Association (HBFA). Councilmember Peterson reported meeting with members of the Huntington Beach Firefighters' Association (HBFA). Councilmember Semeta reported attending the Kiwanis Installation Dinner, and the Association of California Cities — Orange County (ACC-OC) Economic Development Symposium. Councilmember Brenden reported attending the Association of California Cities — Orange County (ACC-OC) Economic Development Symposium, the monthly Council on Aging Board meeting, met with Dr. Michael Simons, Trustee, Huntington Beach Unified High School District, attended a Design Review Board meeting, and the Huntington Beach Chamber of Commerce AM Connect Breakfast where he provided the City Update. Mayor Pro Tem Posey reported meeting with members of the Huntington Beach Police Officers’ Association (HBPOA) and the Huntington Beach Firefighters’ Association (HBFA), and attended the Association of California Cities — Orange County (ACC-OC) Economic Development Symposium where he moderated the speakers' panel. CITY MANAGER’S REPORT City Manager Fred Wilson announced that beginning Sunday, November 5, Central Library will again offer Sunday hours. CONSENT CALENDAR Councilmember Peterson asked that Agenda Item No. 4 be tabled since Governor Brown just vetoed SB 649 regarding permit processes for antennas and equipment for wireless services. He also requested to abstain from Consent Item No. 1 – Adopt City Council/Public Financing Authority minutes dated October 2, 2017, as he was not in attendance at the meeting. Councilmember Peterson made a motion to approve the remainder of the items, and Councilmember Hardy seconded the motion. Mayor Delgleize and City Manager Wilson discussed that in light of Governor Brown's veto on SB 649, it is appropriate to re-evaluate the options for Consent Item No. 4 at a future date. HB -62-Item 5. - 4 Council/PFA Regular Minutes October 16, 2017 Page 5 of 8 1. Approved and adopted minutes A motion was made by Peterson, second Hardy to review and adopt the City Council/Public Financing Authority regular meeting minutes dated October 2, 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 ABSTAIN: Peterson 2. Approved the escheatment of Unclaimed Funds Per Government Code Sections 50050- 50057 A motion was made by Peterson, second Hardy to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 3. Approved and authorized 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 A motion was made by Peterson, second Hardy to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 4. CONTINUED TO A DATE UNCERTAIN request to 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 A motion was made by Peterson, second Posey to continue to a date uncertain request to 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, authorize and approve the annual lease rate of $1,500 per pole for small cell attachments on City-owned street lights. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None HB -63-Item 5. - 5 Council/PFA Regular Minutes October 16, 2017 Page 6 of 8 5. Approved and authorized 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 an amount not to exceed $340,000; and, approved the increase in the Community Development Department’s Professional Services Listing Authority by $133,690 A motion was made by Peterson, second Hardy to 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) and, 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None PUBLIC HEARING 6. CONTINUED TO NOVEMBER 6, 2017 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 A motion was made by Posey, second Brenden to continue appeal of Variance No. 17-003 to the November 6, 2017 City Council meeting at the applicant's request. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None 7. CONTINUED TO NOVEMBER 6, 2017 Appeal of Conditional Use Permit No. 13-022/Coastal Development Permit No. 13-014/Recirculated Mitigated Negative Declaration No. 13-008 (Rofael Marina & Caretaker’s Unit) A motion was made by Posey, second Semeta to 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. The motion carried by the following vote: AYES: O’Connell, Semeta, Posey, Delgleize, Hardy, Brenden, and Peterson NOES: None COUNCILMEMBER ITEMS 8. Item Submitted by Councilmember Brenden Approved — Family Insurance Benefits Councilmember Brenden noted that approval of this item would not create any extra cost to the City as costs would totally be borne by the Councilmember. He further noted that it is highly unusual for family members to be excluded from insurance coverage. HB -64-Item 5. - 6 Council/PFA Regular Minutes October 16, 2017 Page 7 of 8 Councilmember Hardy discussed how it is legal and appropriate for all Councilmembers to vote on this item, and indicated her support since there will be no cost to the City. Councilmember Peterson stated he is not supporting this item because most part-time staff do not get insurance coverage and he doesn't feel elected officials should be granted additional benefits. A motion was made by Brenden, second Hardy to direct the City Attorney's Office to amend Chapter 2.28 of the Huntington Beach Municipal Code 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. The motion carried by the following vote: AYES: O’Connell, Delgleize, Hardy, and Brenden NOES: Semeta, Posey, and Peterson COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Hardy reported attending the Fire Department Open House, Miss Huntington Beach Scholarship Pageant, and Surf City 10 Mile, 10K and 5K runs. Councilmember Peterson reported attending the Miss Huntington Beach Scholarship Pageant and providing the historical perspective which was created by the Historic Resources Board (HRB). He congratulated Alyssa Welfringer as the incoming Miss Huntington Beach and thanked Jena Farris for her service this past year as the outgoing Miss Huntington Beach. Mayor Pro Tem Posey reported attending the Kiwanis Installation Dinner and presenting the awards on behalf of Mayor Delgleize, the Dumpsters on Parade, City Attorney's Town Hall Meeting, and the Armenian Assembly. Councilmember Semeta reported attending the City Attorney's Town Hall Meeting with Police Chief Handy, Duke's 18th Anniversary Celebration, and announced the Huntington Beach High School Foundation's masquerade ball is scheduled for October 28 at 6 p.m. She congratulated Alyssa Welfringer as the 2018 Miss Huntington Beach, and thanked Jena Farris for her service as outgoing Miss Huntington Beach. She also encouraged attendance at the upcoming Therapeutic Riding Center fundraising event as already announced by public speaker Carmela Miars. Councilmember Brenden reported attending the "Celebration of Scouting" - The Legacy of Scouting Award reception to honor Russ Paxson who became an Eagle Scout in Troop 1 in 1939 and attends Scout meetings to this day. He also attended the Duke's 18th Anniversary celebration, Dumpsters on Parade, Huntington Beach Lions Club Dedication for a donated Liberty Elm tree for the Senior Center in the Park, A Walk on Water event at Bolsa Chica State Beach which assists people with disabilities to experience surfing, Miss Huntington Beach Scholarship Pageant where he was a judge, and the Surf City 10 Mile, 10K, and 5K run. He also reminded people of the Boys and Girls Club of Huntington Valley Gala on Saturday, October 21. He closed by congratulating Nicole Arms for receiving the Mayor's Award and thanked her for rescuing him in the midst of technical challenges as a Councilmember. Councilmember O'Connell reported attending the recent deployment of a young man from Huntington Beach, and thanked all veterans, currently active or retired, for protecting democracy. He reported attending the Armenian Assembly, Dumpsters on Parade, and Downtown Town Hall meeting, and HB -65-Item 5. - 7 Council/PFA Regular Minutes October 16, 2017 Page 8 of 8 requested that Council adjourn the meeting in memory of Andrew Michael DiMaggio, a local young man who unfortunately passed from an opiate overdose. In closing, Councilmember O’Connell mentioned receiving a memo/complaint that caught his attention due to allegations made by someone in Management in the Police Department. He clarified that the complaint was not associated with any labor group, and to circumvent public perception of bias, requested that an independent investigator look into the matter without involving the City Manager’s Office, City Attorney’s Office, or the Police Department. Mayor Delgleize reminded Councilmember O’Connell that discussion on this topic was not agendized. Mayor Delgeize continued her comments by thanking Principal Paul Kraft of Hope View Elementary School for the recent "Be A Buddy, Not A Bully" student assembly, and reported attending the "Celebration of Scouting" event to honor Russ Paxton who received The Legacy of Scouting Award. She reported presenting the opening remarks for the Jane Austen Society of North America's 2017 Annual General Meeting in Huntington Beach, attending the Huntington Beach Lions Club dedication of a Liberty Elm tree to the City at the Senior Center in the Park, and a fundraiser for Off The Streets which is a small non-profit that has assisted 450 people over the last three years get off the streets. Mayor Delgleize acknowledged Huntington Beach Equestrian Center owner Mary Behrens for opening up the facility for horses affected by the fires in Napa and Anaheim Hills, and expressed appreciation to Fire Chief Segura and local firefighters also in their efforts to assist. In closing, Mayor Delgleize announced that Huntington Beach joined forces with Long Beach to prepare a proposal to become the site of Amazon's HQ2, and thanked City staff, especially Assistant City Manager Lori Ann Farrell, for the time and skills to prepare the proposal. ADJOURNMENT — 7:11 PM, in memory of Andrew Michael DiMaggio, to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, November 6, 2017, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair HB -66-Item 5. - 8 Dept. ID CS 17-028 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: There is a need for City Council to approve recommendations for appointments to the Community Services Commission, as provided by the local school districts. Financial Impact: Not applicable. Recommended Action: A) Approve the appointment of either Mark Bixby or John Briscoe, recommended representative of the Ocean View School District Board of Trustees, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018 term; and, B) Approve the appointment of Bridget Kaub, recommended representative of the Huntington Beach City School District, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018, term; and, C) Approve the appointment of Roy Miller, recommended representative of the Huntington Beach Union High School District, to the Community Services Commission for the remainder of the July 1, 2017, to June 30, 2018, term. Alternative Action(s): Do not approve recommended appointments for the Community Services Commission and direct staff accordingly. Analysis: Per Municipal Code 2.64.040, each elementary, high school and public community college district having facilities within the City of Huntington Beach shall have representatives on the Community Services Commission. Chapter 2.64.040 states: The City Council shall appoint six members for terms of one-year. Each elementary, high school, and public community college district having facilities within the City may recommend to the Council, on or before the third Monday of June of each year, two or more persons, residents of the City of Huntington Beach, to represent their district. One of said persons shall be appointed by the City Council for a one-year term which will terminate on July 1 the CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve recommendations for appointments to the Community Services Commission (CSC) with terms to expire June 30, 2018, as provided by the local School Districts HB -67-Item 6. - 1 Dept. ID CS 17-028 Page 2 of 2 Meeting Date: 11/6/2017 following year. In the event that any district shall not make such recommendations to the City Council by the first day of July, then the City Council may appoint some qualified person to a one- year term to represent such school district on the commission (1113-7/65, 1300-3/67, 2383-7/79, 2389-9/79, 3723-12/05, 3983-1/14) Staff has received the school district recommendations from Ocean View School District Board of Trustees to appoint either Mark Bixby or John Briscoe; Huntington Beach City School District to reappoint Bridget Kaub; and Huntington Beach Union High School District to reappoint Roy Miller. Staff is currently awaiting a recommendation from the Fountain Valley School District and Westminster School District. Once received, City Council approval of those recommendations will be requested at a future meeting. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1) School District appointment notifications 2) Community Services Commission Roster HB -68-Item 6. - 2 VIA EMAIL/U.S. MAIL August 17, 2017 Dave Dominguez Facilities, Development & Concessions Manager City of Huntington Beach/Community Services Department 2000 Main Street Huntington Beach, CA 92648 Dave, This letter is to notify you that the nominations of Mr. Mark Bixby and Mr. John Briscoe were approved by our Board of Trustees at their meeting on August 15, 2017, to serve as the District’s representative on the Community Services Commission for the next year. Please let me know if you need any further information. Sincerely, Cindi Lee Executive Assistant Superintendent’s Office (714) 847-2551, ext. 1309 clee@ovsd.org c: Barbara Delgleize, HB Mayor Fred Wilson, HB City Manager Janeen Laudenback, Director, HB Community Services Gina Clayton-Tarvin, President, OVSD Board of Trustees Carol Hansen, Ed.D., Superintendent, OVSD HB -69-Item 6. - 3 Gfegg`Hati&Sup—el-intendent n Beach City School District HUNTINGTON BEACH CITY SCHOOL DISTRICT 17011 Beach Blvd., Suite 560, Huntington Beach, CA 92647 (714) 964-8888 BOARD OF TRUSTEES Paul Morrow, Ed.D. President Rosemary Saylor Vice President Shari KowaIke Clerk Ann Sullivan Member Bridget Kaub Member ADMINISTRATION Gregory Haulk Superintendent Jennifer Shepard Assistant Superintendent Educational Services Patricia Hager Assistant Superintendent Human Resources Jon M. Archibald Assistant Superintendent Administrative Services October 10, 2017 City of Huntington Beach Attention: David C. Dominguez, Community Services Commission Secretary 2000 Main Street Huntington Beach, CA 92648-2702 Dear Mr. Dominguez: The Huntington Beach City School District has selected Bridget Kaub as its representative to the Community Services Commission for the 2017-2018 term. If there is anything else that I can be of assistance with, please do not hesitate to contact me at 714-378-2010 or e-mail me at ghaulk@hbcsd.us . "We Are An Equal Opportunity Employer" HB -70-Item 6. - 4 We will educate, prepare, and inspire our students to change the world. HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT 5832 Bolsa Avenue • Huntington Beach, California 92649 Board of Trustees: Bonnie Castrey Duane Dishno Susan Henry Kathleen Iverson Michael Simons (714) 903-7000 FAX (714) 372-8105 Clint Harwick, Ed.D., Superintendent of Schools October 12, 2017 by email: JLaudenback@surfcity-hb.org Ms. Janeen Laudenback City of Huntington Beach Community Services Department 2000 Main Street Huntington Beach, CA 92648 RE: Appointment to Huntington Beach Community Services Commission, 2017-2018 Dear Ms. Laudenback: Please accept this letter as the formal request to reinstate Roy Miller as the Huntington Beach Union High School District’s voting representative to the Huntington Beach Community Services Commission. Roy is a wonderful representative for students and adults and has been a valuable asset to the school district and community of Huntington Beach. Roy and the school district look forward to continuing a positive relationship in regards to coordinating community facilities and events. Thank you for your consideration, Clint Harwick, Ed.D. Superintendent CH:jg c. Roy Miller HB -71-Item 6. - 5 COMMUNITY SERVICES COMMISSION Effective 7/01/17 COUNCIL MEMBER REPRESENTATIVES 4-YEAR TERM JOE CARCHIO 1/1/17 – 12/31/20 Appointment by Patrick Brenden NICOLINA CUZZACREA 1/1/15 – 12/31/18 Appointment by Billy O’Connell JAY KREITZ 1/1/17 – 12/31/20 Appointment by Jill Hardy JANIS MANTINI 1/1/15 – 12/31/18 Appointment by Barbara Delgleize MICHELLE SCHUETZ 1/1/15 – 12/31/18 Appointment by Michael Posey KRISTA STERUD 1/1/17 – 12/31/20 Appointment by Lyn Semeta DICK THIEL 1/1/15 – 12/31/18 Appointment by Erik Peterson SCHOOL DISTRICT REPRESENTATIVES 1-YEAR TERM ALBERT GASPARIAN 7/1/17 – 6/30/18 Coast Community College District Awaiting District Recommendation 7/1/17 – 6/30/18 Fountain Valley School District Pending City Council Approval 7/1/17 – 6/30/18 Huntington Beach City School District Pending City Council Approval 7/1/17 – 6/30/18 Huntington Beach Union High School District Pending City Council Approval 7/1/17 – 6/30/18 Ocean View School District Awaiting District Recommendation 7/1/17 – 6/30/18 Westminster School District HB -72-Item 6. - 6 Dept. ID AD-17-026 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: There is currently one vacant position on the Environmental Board. After review of submitted applications, Oscar Rodriguez is being considered for appointment to the Environmental Board. In addition to the approval of one new Environmental Board member, two existing Environmental Board Members are up for reappointment. Lastly, the Environmental Board has submitted their Annual Report on activities from 2016. Financial Impact: Not applicable. Recommended Action: A) Approve the appointment of Oscar Rodriguez to the Environmental Board as approved by Council Liaisons, Councilmembers Jill Hardy and Billy O’Connell to fill the seat left vacant by Kim Nicolson, with a term expiration of June 30, 2019; and, B) Re-appoint Donald Kyle Scrimgeour and Michelle Claud-Clemente, both with term expirations of June 30, 2021; and, C) Receive and file the 2016 Environmental Board Annual Report. Alternative Action(s): Do not approve the appointments and direct staff how to proceed. Analysis: One vacancy currently exists on the Environmental Board (Kim Nicolson). This vacancy was posted according to the Maddy Act at City Hall and on the City’s website. Staff reviewed all of the applications with the City Council Liaisons Hardy and O’Connell and their selection is reflected in this item. Each year, the Environmental Board prepares a report summarizing the events and accomplishments of the Board achieved during the year. The attached Report details the presentations, events attended, and development planning undertaken by the Board over the 2016 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Antonia Graham, Assistant to the City Manager SUBJECT: Approve the appointment of Oscar Rodriguez to the Environmental Board, and reappointments of Donald Kyle Scrimgeour and Michelle Claud-Clemente as recommended by Council Liaisons, Councilmembers Jill Hardy and Billy O’Connell; and, receive and file the 2016 Annual Report HB -73-Item 7. - 1 Dept. ID AD-17-026 Page 2 of 2 Meeting Date: 11/6/2017 year. During the past year, the Environmental Board conducted a successful children’s art contest and held numerous clean-up events in the community. Environmental Status: Not applicable. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Oscar Rodriguez Application 2. 2016 Environmental Board Annual Report HB -74-Item 7. - 2 Surfnet - Boards & Commission Application Page 1 of 1 Boards & Commissions Application First Name Oscar Home Address: r. Zip Code State CA Business Address: Zip Code State CA Ema' Occupation United State Citizen yes Last Name Rodriguez City Huntington Beach City Phone .110/111.11111ft Length of Residency Name of Board, Comission, Committee or Task Force Environmental Board Submitted: 27 May 2017 Education Background California State University, Long Beach Bachelor of Science - Health Care Administration Professional Licenses and/or Associations none Professional Experience Grassroots community advocacy experience Special Knowledge or Skill Due to my advocacy in persuading Rainbow Environmental Services to fully enclose their facility, I have gained knowledge and understanding of the Air Quality Management District (AQMD) and their rules and regulations. I am also familiar with the California Environmental Quality Act (CEQA) and local city ordinances that protect our city and residents. I am also familiar with local green energy projects taking place in our city and I want to share my experience and knowledge about the effects these projects can bring to our city and communities. Civic and/or Service Memberships Board member for Oak View Renewal Partnership Chief Operations Office for Oak View Youth Soccer League Co-founder of Oak View ComUNIDAD Civic Interests My civic interests are air quality, access to clean and efficient energy, code enforcement, community engagement and housing/living conditions. These civic interests represent issues that affect or have affected my community in some way, shape or form and have sparked an interest for joining the Environmental Board, a team that strives to protect the the residents of Huntington Beach and the environment simultaneously. Availability (Must be available for meetings) open How Will You Qualifications Best Serve the Needs of the Community? Through my education as a Health Care Administration major and involvement/advocacy for the Oak View community, I have become a more informed resident about environmental impacts our city ordinances have on residents. My qualifications will best serve the need of the entire Huntington Beach community because I have a passion for being part of the solution and not the problem. Because of my advocacy alongside my community, I feel that I have the capability to extend that passion to the rest of Huntington Beach residents. Why Do You Wish to Serve on a Volunteer Citizen's Body? wish to serve as a volunteer on the Huntington Beach Environmental Board because of my recent involvement in advocacy for all Huntington Beach residents right to an engaged, sustainable and safe ambient in their communities. http://surfnetdev.cohb.net/admin/boards_commissions/application... 5/30/2017 HB -75-Item 7. - 3 CITY OF HUNTINGTON BEACH ENVIRONMENTAL BOARD PO Box 190 | Huntington Beach, CA 92648 2016 ANNUAL REPORT HB -76-Item 7. - 4 City of Huntington Beach Environmental Board Annual Report 2016 2 Board Members Tony Soriano (Chairman 7/2015 – 9/2016) Jessica Budica (Vice Chairman 7/2015- 9/2016 & Chairman – 9/2016 – Present) Debbie Killey (Secretary Chairman J7/2015 – 9/2016 & Vice-Chairman 9/2016 – Present) Mark Sheldon (Secretary 9/2016 – Present) Michelle Claud-Clemente Jeff Coffman Kim Nicolson Kyle Scrimgeour Shawn Thompson City Council Liaisons Jill Hardy and Barbara Delgleize City Staff Liaison Antonia Graham Planning Commission Liaison Dan Kalmick I. Introduction The Huntington Beach (HB) City Council (Council) established an Environmental Board (Board) over 40 years ago. Much has changed in the intervening years and in 2009 the Council streamlined several Boards and Committees to reflect those changes. The purpose of the Board was revised and expanded to include economic, environmental and social sustainability. What the Board Does: 1) Review and comment on General and Specific Plans as well as Environmental Impact Reports and Negative Declarations to promote sustainability and a healthy community 2) Assist with the City’s programs by reducing the consumption of water and energy, increasing recycling and waste diversion and promoting sustainable energy practices 3) Support the City’s evolving environmental goals and sustainability programs through external awareness, educational and advisory projects 4) Promote the Board’s Sustainability Awards for deserving organizations and individuals who demonstrate commitment to sustainability 5) Deliver an Annual Report to the Council on plans and results II. Goals and Objectives 2016 1) Continue to incorporate guest speakers at each meeting to provide the Board and others with pertinent information on environmental and sustainability issues 2) Continue to have monthly guest speakers that promote the mission of the Environmental Board and educate members on current environmental and sustainability issues. 3) Hold quarterly field trips for Environmental Board members. 4) Continue the Sustainability Award Program. HB -77-Item 7. - 5 City of Huntington Beach Environmental Board Annual Report 2016 3 5) Research and provide recommendations to the City of Huntington Beach staff on the state of waste management on beaches, parks, and in public areas. 6) Facilitate public-private partnerships for sustainability projects like Community Home Energy Retrofit Program (CHERP), energy performance districts, and landscape projects. 7) Develop an anti-litter campaign. 8) Encourage public involvement in the Environmental Board meetings and events. 9) Sponsor a Beach Clean-up Day in partnership with the city or non-profit organization. 10) Sponsor a Park Clean-up Day in partnership with the city or non-profit organization. 11) Each Board Member should participate in one community event that supports the Environmental Board’s mission of promoting sustainability, economic, ecological, and social environments of the City of Huntington Beach. To help accomplish its goals and objectives, the Board has established one standing committee (the Executive Committee, consisting of the Chair, Vice Chair, and Secretary), and ad hoc committees. During 2014-2015 the ad hoc committees included: • Resource Management Committee • Ocean Debris and Water Quality Committee • Natural Environment • Energy Issues III. Accomplishments Below is a summary of events and accomplishments achieved during 2016 by the Environmental Board. A. Presentations The Board has a Speakers Program to provide the members of the Board and others with pertinent information on environmental and sustainability issues. Here are some notable presentations: • January 2016: Gordon Smith from Huntington Beach Wetlands Conservancy gave an overview of the organization and their current projects. • February 2016: Wendy Marshall from ExplorOcean gave overview of Ocean Literacy programs and Open House programs that her organization is involved in. Many already involve Huntington Beach schools. • March 2016: No Speaker • April 2016: Jim Miller and Debbie Killey from JR Miller and Associates discussed the state of organics collection in California and anaerobic digestion technology for the future. • May 2016: Dr. Darren Haver from the University of California Cooperative Extension is the Water Resources/Water Quality Advisor and Director who spoke on his organization and the research that he conducts. • June 2016: Kacen Clapper is the Chief Storm W ater Compliance officer at Orange County Public Works who gave a presentation on the OC Watersheds and online available tools. • July 2016: Jennifer Villasenor, Planning Manager for the City of Huntington Beach’s Community Development Department gave background on the General Plan Update document and next steps for its review/approval. • August 2016: Ray Hiemstra, Director gave overview of Orange County Coast Keepers programs. HB -78-Item 7. - 6 City of Huntington Beach Environmental Board Annual Report 2016 4 • September 2016: Mary Urashima spoke on “Historic Preservation – A Green Approach.” She discussed the environmental benefits of structure preservation, citing examples from historically significant sites throughout Huntington Beach. • October 2016: No Speaker • November 2016: No Speaker • December 2016: Jim Merid, Environmental Specialist, Public Works gave an update on Huntington Beach’s Stormwater program. B. Green Events • The Board helped staff the City of Huntington Beach’s booth at the Huntington Beach Green Forum on October 8, 2016. This was the eighth year participating in the Huntington Beach Chamber of Commerce event. • Participated in the planning and execution of a Coastal Clean-up Day event at Central Park on 09/17/2016 C. Development Planning The Board reviewed environmental documents and provided comments to reduce environmental impacts and enhance sustainability. The documents included: • Letter Commenting on the Notice of Preparation of a Supplemental Environmental Impact Report and Notice of Public Scoping Meeting – Seawater Desalination Project at Huntington Beach Outfall/Intake Modifications and General Lease (December 2016) • Admiralty Dr. Bridge Rehabilitation (February 2016) D. Committee Activity/Reporting Some projects (in addition to others mentioned elsewhere) which Board committees/representatives participated in or observed included: • Letter of Support for EPIC Challenge grant (February 2016) • Letter of Support for trail expansion and improvement in Central Park grant. (September 2016) • Cool California Challenge – Board members promoted competition by sharing information online and participating at the City’s Surf City Nights booth to encourage participation. (Winter 2016) E. Environmental Awards One of the most effective tools for outreach is the Environmental Awards. Unfortunately, in 2016, the Board was not able to provide an award as funds were not secured from an outside source. F. Field Trips • Huntington Beach Wetlands Conservancy Education Center (January 2016) • UCI Microgrid Tour (March 2016) • Algeria Fresh Tour (March, 2016) • Banning Ranch Conservancy Tour (April, 2016) • Fullerton Arboretum (June 2016) • Goodwill Facility Tour in Santa Ana (September 2016) • Coast Keeper Garden at Santiago College (October 2016) HB -79-Item 7. - 7 City of Huntington Beach Environmental Board Annual Report 2016 5 • South Coast Research and Extension Center Tour (November 2016) IV. Goals and Objectives for 2017 • Continue to incorporate guest speakers at each meeting to provide the Board and others with pertinent information on environmental and sustainability issues • Continue to have monthly guest speakers that promote the mission of the Environmental Board and educate members on current environmental and sustainability issues. • Hold quarterly field trips for Environmental Board members. • Secure funds to continue the Sustainability Award Program. • Research and provide recommendations to the City of Huntington Beach staff on the state of waste management on beaches, parks, and in public areas. • Facilitate public-private partnerships for sustainability projects like Community Home Energy Retrofit Program (CHERP), energy performance districts, and landscape projects. • Develop an anti-litter campaign. • Encourage public involvement in the Environmental Board meetings and events. • Sponsor a Beach Clean-up Day in partnership with City or non-profit. • Sponsor a Park Clean-up Day in partnership with City or non-profit. • Each Board Member should participate in one community event that supports the Environmental Board’s mission of promoting sustainability, economic, ecological, and social environments of the City of Huntington Beach. • Each board member shall provide public comment at a city council meeting at least once. Board members should be communicating to city council on a monthly basis. • Each board member shall provide at least one contact per year as a public speaker for board meetings. HB -80-Item 7. - 8 Dept. ID CS 17-026 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: There is a need to update the City Council on the status of the commissioning of public art at the Senior Center in Central Park. Financial Impact: Funds for public art in the amount not to exceed $100,000 were approved with the original project budget and are currently encumbered in the Senior Center Development account # 31987001. Recommended Action: Receive and file updated project information regarding the status of the commissioning of public art at the Senior Center in Central Park. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Since 2000, the City has had a public art policy in place, which requires major, non-residential projects and residential projects of 50 units or more to have a public art component. The installation of Public Art at the Senior Center in Central Park is required per the conditions of the Conditional Use Permit for the project approved by the City Council, originally in 2008, and again in 2012. To comply with this condition, Community Services Department staff worked closely with Community Development and Purchasing Staff to develop a Request for Proposal (RFP) for the commissioning of Public Art for the Senior Center Project. The RFP was released and several artists responded. The proposals were reviewed, the most qualified artists were interviewed, an eligibility list was created and an artist was selected for the project. Once the City and the artist originally selected began discussing the terms of the agreement, it was determined that it would be in the best interest of the City to consider working with another artist from the eligibility list. As a result of this delay, the Senior Center opened in July 2017 without the public art component completed. The provision of public art is consistent with the City’s adopted Urban Design Guidelines and Historic and Cultural Resources Element of the General Plan and is one of the conditions for the project, therefore, staff began discussions with another public artist from the original RFP eligibility list. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Receive and file updated information regarding the status of the commissioning of Public Art at the Senior Center in Central Park HB -81-Item 8. - 1 Dept. ID CS 17-026 Page 2 of 2 Meeting Date: 11/6/2017 These discussions were successful, and the City is ready to begin taking the Senior Center project through the Public Art Process. As a part of the Public Art process, the artist will meet with Community Development and Community Services Staff to refine the concept for the project, and will then take this concept through the Design Review Board process for review and approval. As required in the RFP, the art for the Senior Center in Central Park will be installed outside, as part of the Center’s public and patio areas. It will be original, artist generated, and site specific to the location within Central Park. The art will be durable, low maintenance, and appropriate for the out- of-doors location in the garden area of the Senior Center. To that end, the City has developed an agreement with the artist that would allow the artist to commence work immediately, following the timeline outlined below: October 1, 2017 Development of DRAFT agreement with ARTIST - COMPLETE October 15, 2017 Final agreement signed by artist - COMPLETE November 2017 Artist Agreement Approved by City Manager November 2017 Artist to present conceptual drawings to City Staff for approval December 2017 Artist to present conceptual plans to the Design Review Board June 2018 Anticipated completion of fabrication and installation of Public Art Environmental Status: Not applicable Strategic Plan Goal: Improve quality of life Attachment(s): Not applicable HB -82-Item 8. - 2 Dept. ID PW 17-058 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: The required twelve-month warranty period has now elapsed for the off-site public storm drain improvements that were constructed by AvalonBay Communities, Inc., the developer for the HB Lofts project located at the northeast corner of Gothard Street and Center Avenue (Attachment 1), and their Guarantee & Warranty Bond is now eligible for release. Financial Impact: No funding is required for this action. Recommended Action: Release Guarantee & Warranty Bond No. 106297351 (Attachment 2), and instruct the City Clerk to notify AvalonBay Communities, Inc. and the City Treasurer to notify Travelers Casualty and Surety Company of America, of this action. Alternative Action(s): Deny the recommended action. Denying the recommended action may violate the Subdivision Map Act whereby Section 66499.7 of the Government Code requires that the securities given for the faithful performance of constructing public improvements shall be released upon acceptance of the work. Analysis: On November 10, 2008, the City Council approved Conditional Use Permit 07-043 for the HB Lofts project (former RipCurl), which included the construction of off-site public storm drain improvements on Gothard Street necessary to mitigate the impacts of increased runoff due to the development. On July 26, 2016, the City Engineer accepted the newly constructed public storm drain improvements and accepted a Guarantee & Warranty bond as security for the required 12-month warranty period. The City Engineer has determined that the improvements were constructed in substantial compliance with the approved plans and specifications, have performed satisfactorily throughout the warranty period, and that the Guarantee & Warranty Bond can be recommended for release. Environmental Status: The subject request is exempt pursuant to the California Environmental Quality Act. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Authorize Bond release for public Storm Drain improvements constructed by AvalonBay Communities, Inc. the Developer of HB Lofts (Mixed Use Project located at Gothard Street and Center Avenue) HB -83-Item 9. - 1 Dept. ID PW 17-058 Page 2 of 2 Meeting Date: 11/6/2017 Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Vicinity Map 2. Guarantee & Warranty Bond No. 106297351 HB -84-Item 9. - 2 EDINGER AVE. VICINITY MAP BELLA TERRA MCFADDEN AVE. PROJECT- LOCATION GOLDENWEST ST GOTHARD ST N.T.S. T.G. 827-H5 HB -85-Item 9. - 3 BOND NO. 106297351 PREMIUM $3539.00 GUARANTEE AND WARRANTY BOND WHEREAS, AvalonBay Communities, Inc, , as a Principal, and Travelers Casualty and Surety Company of America corporation organized under the laws of the State of Connecticut and duly authorized to do business in the state of California, as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee, in the penal sum of Five Hundred Sixty-Six Thousand, Two Hundred Ninety-Four and 85/100 Dollars ($566,294.851, representing 150 percent of the contract price entered into between the Principal and Obligee, to which payment well ancl truly to be made we do bind ourselves, and each of our heirs, executors, administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee for work described as follows: Off-Site Storm Drain work for the "Avalon Huntington Beach Lofts" multi-family residential development at 7400 Center Avenue (City of Huntington Beach Plan Reference PW #12-010 and L #12-116) WHEREAS, said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee, against all defects in workmanship and materials during said one-year period. WHEREAS, said work has been completed, and accepted by Obligee on o ut 21p /2prep NOW THEREFORE, the Principal and Surety, jointly and severally shall indemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship, which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the principal and surety above named, on June 18 , 20 15 AvalonBay Ccmmunitie Inc. , as Principal Travelers Casualty and Surety Company of America, as Surety By ByA By co. Irvo. r‘ase . . By Mark W. Edwards. II, Attorney-in-Fact HB -86-Item 9. - 4 STATE OF CAtIrOMVA ) With COUNTY OF ORitNeE SS ) ON L4-1. 1C\ \ Ci BEFORE ME, J , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED ca n e_ L.0 d AND (l A PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOVVLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND - SIGNATURE MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLI. IN AND FOR SAID STATE IN Fcl.%r I COUNTY c' e c 4 h k..v nen , m rNil PRINTED NAME MY COMMISSION EXPIRES c j 3 I, Alabama STATE OF Ott(tiftCONIA ) Jefferson ) SS COUNTY OF Oft-AictgK ) ON June 18, 2015 , BEFORE ME, Anna Keith Childress , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED Mark W. Edwards. II Attorney -in -Fact AND n/a PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF VVHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE JCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN Jefferson COUNTY Anna Keith Childress PRINTED NAME MY COMMISSION EXPIRES 10-03-15 HB -87-Item 9. - 5 Ncf\laftiAi C ./1•AtatAld+ Marie C. Tetreault, Notary Public In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY TRAVELERS Attorney-In Fact No. Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 228029 St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Certificate No. 005927101 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Robert Read Davis of Atlanta, Georgia; Robert M. Verdin of Metairie, Louisiana; Mark W. Edwards, II, Ronald B. Giadrosich, Jeffrey M. Wilson, William M. Smith, Evondia H. Woessner, Robert R. Fred, Alisa B. Fen -is of Birmingham, Alabama, and Christopher C. Gardner of the City of Union , State of Mississippi their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this 29th May 2014 day of Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company P OR4 1 : 1-:\ SEAL ,O-V *:4nnn •.A.'t4.F 4447- g 3 HARI-Faro, COM State of Connecticut By: City of Hartford ss. Robert L. Raney, enior Vice President 29th May 2014 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER HB -88-Item 9. - 6 Dept. ID PW 17-063 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: On October 17, 2017, bids were opened for the Park Bench Café Parking Lot Improvements, CC1562. City Council action is requested to award a construction contract to PaveWest, Inc., the lowest responsive and responsible bidder. Financial Impact: Funds in the amount of $130,000 are available in the Infrastructure Fund account 31440001.82800. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by PaveWest, Inc. in the amount of $102,488.00; and, B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and, C) Authorize the Director of Public Works to approve up to fifteen percent (15%) in construction change orders. Alternative Action(s): Reject all bids and direct staff with an alternative direction. Analysis: Earlier this year, the City Council authorized a midyear appropriation of Infrastructure Funds for improvements in Central Park. One of the projects identified by the Community Services Department was the rehabilitation of the parking lot next to the Park Bench Café. This project will replace existing asphalt as well as re-grade and reconstruct a small portion of the parking lot, on the south side, to improve drainage and bring the parking lot into ADA conformance. The bids were publically opened on July 18, 2017. The verified bid amounts are listed below: Bidding Contractor Bid as Submitted Verified Bid PaveWest, Inc. $102,487.50 $102,488.00 NPG Corporation $149,444.00 $149.000.00 Eagle Paving $162,604.00 $162,604.00 Excel Paving $162,604.00 $162,604.00 CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Award and authorize execution of a construction contract in the amount of $102,488.00 to PaveWest, Inc. for the Park Bench Cafe Parking Lot Improvements, CC-1562, and approve up to 15% in construction change orders HB -89-Item 10. - 1 Dept. ID PW 17-063 Page 2 of 2 Meeting Date: 11/6/2017 All America Asphalt $164,599.00 $164,599.00 Minco Construction $173,750.00 $173,750.00 EBS General Engineering $205,849.75 $205,849.75 Staff has verified references and recommends the award of a construction contract to PaveWest, Inc., in the amount of $102,488.00. The total estimated project cost is $130,000 which includes the construction contract, project management, 15% construction contingency and supplemental expenses. Public Works Commission Action: The Public Works Commission reviewed and recommended the project on September 20, 2017 with a vote of 5-0-2 Environmental Status: The project is categorically exempt pursuant to Section 15304 of California Environmental Quality Act. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): Location Map HB -90-Item 10. - 2 LOCATION MAP Esri, HERE , DeLo rme, MapmyInd ia, © Ope nS treetMap contributors, and theGIS user co mmunity Se ptem ber 5, 2017 Esri, HERE, G armin , INCREMENT P, NGA, USGS | Esri, HERE | Hu ntin gto n B ea ch Public W orks 1:10,00000.15 0.30.07 5 mi 0 0.1 5 0.30.0 7 5 km HB -91-Item 10. - 3 Dept. ID PW 17-060 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: Residents on Sunflower Lane have requested to be removed from Residential Permit Parking District “O.” Financial Impact: The removal of a street from a current parking district can be accomplished within Public Works’ operational budget. Recommended Action: Adopt Resolution No. 2017-48, “A Resolution of the City Council of the City of Huntington Beach Removing Sunflower Lane from Residential Permit Parking District “O.” Alternative Action(s): Deny the recommended action. Analysis: On August 5, 2013, City Council adopted Resolution No. 2013-40 creating Permit Parking District “O” consisting of the following streets: Sunburst Lane, Chestnut Drive, Moonbeam Drive, Briarwood Drive and Sunflower Lane. The neighborhood is located across from Golden West College near Greer Park. The request for permit parking on these streets was due to the issue of college students and weekend Swap Meet customers parking on the residential streets. Public Works received a petition from residents on Sunflower Lane requesting to be removed from the current parking district. Huntington Beach Municipal Code (HBMC) Chapter 10.42, Permit Parking Districts, allows residents to request removal of permit parking by a simple majority vote of the property units. The affected area is shown on Attachment 2. As required by HBMC Chapter 10.42, staff sent ballots to the requesting properties to vote on the proposal. Ten of eighteen properties voted in favor to eliminate Sunflower Lane from Permit Parking District “O.” The residents voting in favor of removing permit parking expressed that Sunflower Lane is minimally impacted with Golden West College and Swap Meet related parking, and that obtaining regular and temporary parking permits for themselves and their guests has been bothersome. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Adopt Resolution No. 2017-48 removing Sunflower Lane from Residential Permit Parking District "O" HB -92-Item 11. - 1 Dept. ID PW 17-060 Page 2 of 2 Meeting Date: 11/6/2017 Staff finds that the residents have met the requirements of the Municipal Code with 56% of the homes supporting the request and meets the requirements for bringing the request to the City Council for consideration. Environmental Status: None required. Strategic Plan Goal: Enhance and maintain public safety Attachment(s): 1. Vicinity Map 2. Map of Permit Parking District “O” 3. Resolution No. 2017-48, “A Resolution of the City Council of the City of Huntington Beach Removing Sunflower Lane from Residential Permit Parking District “O” HB -93-Item 11. - 2 CITY OF HUNTINGTON BEACH ATTACHMENT PERMIT PARKING DISTRICT "O" VICINITY MAP HB -94-Item 11. - 3 CITY OF HUNTINGTON BEACH PERMIT PARKING DISTRICT "0" AMENDMENT ATTACHMENT 2 GOLDENWEST ST NO SCALE LEGEND MCFADDEN AVE AREA TO BE REMOVED FROM PERMIT PARKING DISTRICT "0" itattfifigiv DAWSON LN 1 HB -95-Item 11. - 4 RESOLUTION NO, 2017-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REMOVING SUNFLOWER LANE FROM PERMIT PARKING DISTRICT "0" WHEREAS, the City Council has adopted Ordinance No. 4051 allowing City Council to amend any Permit Parking District; and The citizens of the residential street known as Sunflower Lane have petitioned to be removed from Permit Parking District "0"; and The Director of Public Works reviewed the petition, sent a ballot for further consideration to residents of Sunflower Lane, and determined that a simple majority of the residents of Sunflower Lane have requested to be removed from Permit Parking District "0"; Therefore, the Director of Public Works has found the requirements of Ordinance 4051 to be fulfilled; NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: Sunflower Lane is hereby removed from Permit Parking District "0". PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 17 -60241165555/RLS 9/14/17/DO HB -96-Item 11. - 5 Dept. ID HR 17-015 Page 1 of 1 Meeting Date: 11/6/2017 Statement of Issue: The City’s Classification Plan requires an amendment to incorporate changes considered and approved by the Personnel Commission at their regularly scheduled meeting held August 16, 2017. Financial Impact: Funding for the proposed job classification is included in the FY 2017-18 budget. This position is an exchange for a current vacancy and does not increase the table of organization. Recommended Action: Adopt Resolution No. 2017-49, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classification of Assistant Civil Engineer.” Alternative Action(s): Reject the amendment to the classification plan. In accordance with Personnel Rule 12-4, if an amendment to the City’s Classification Plan is rejected by the City Council, the City Council is to refer such amendments or revisions back to the Personnel Commission with reasons for rejection and its recommendation thereon. Analysis: The Personnel Commission has considered and approved an amendment to the City’s Classification Plan. At its August 16, 2017 meeting, the Personnel Commission finalized the approval of a new entry-level job classification of Assistant Civil Engineer and established the compensation of the classification at MEA698. The Public Works department determined that an Assistant Civil Engineer classification was required to facilitate the work that is needed to be performed which is distinguished from the technical/para-professional scope of work performed by the Civil Engineering Assistant, and is subordinate to the professional, journey- level work performed by the Associate Civil Engineer. The entry-level Assistant Civil Engineer will permit minimally experienced, degreed engineers to support the work of higher-level professional engineering staff. The classification will be represented by the Municipal Employees Association. The hourly compensation range for the classification is $32.45 (A-step) to $40.19 (E-step). Environmental Status: N/A Strategic Plan Goal: Develop, retain, and attract quality staff. Attachment(s): 1. Resolution No: 2017-49, “A Resolution of the City Council of the City of Huntington Beach Amending the City’s Classification Plan by Adding the Classification of Assistant Civil Engineer” 2. Job Classification Specification for Assistant Civil Engineer (Exhibit A) 3. Modified MEA Salary Schedule (Exhibit B) 4. Personnel Commission Staff Report dated 8/16/17 (Exhibit C) CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Adopt Resolution No. 2017-49 amending the City’s Classification Plan by adding the classification of Assistant Civil Engineer HB -97-Item 12. - 1 --Irhael Gates, City Attorney NK.A; ele Warren, irector of Human Resources RESOLUTION NO. 2017-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S CLASSIFICATION PLAN BY ADDING THE CLASSIFICATION OF ASSISTANT CIVIL ENGINEER WHEREAS, the City Council of Huntington Beach wishes to amend the City's Classification Plan; and The provisions of Personnel Rule 12-4 have been complied with, in that the changes to the City Classification Plan were considered by the Personnel Commission during a public hearing on August 16, 2017. The Commission voted to recommend to the City Council that the City's Classification Plan be amended to include the newly-created classification of ASSISTANT CIVIL ENGINEER. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve that the Classification Plan be amended as follows: 1. Add the new classification of ASSISTANT CIVIL ENGINEER set forth in Exhibit A which is attached hereto and incorporated by this reference. 2. Modified MEA Salary Schedule — Exhibit B PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: Fred Wilson, City Manager 17-6050/166588 HB -98-Item 12. - 2 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: ASSISTANT CIVIL ENGINEER Page 1 of 4 PERSONNEL COMMISSION APPROVAL: COUNCIL APPROVAL: AUGUST 16, 2017 OCTOBER 16, 2017 JOB CODE: EMPLOYMENT STATUS: UNIT REPRESENTATION: FLSA STATUS: 0698 REGULAR, FULL-TIME MEA NON-EXEMPT JOB SUMMARY Under general supervision, performs entry-level professional and technical engineering work in support of the City’s engineering projects, including but not limited to capital improvements, development review, water engineering, street improvements, sewer improvements, infrastructure and urban water quality. SUPERVISION RECEIVED AND EXERCISED Reports to: Principal Civil Engineer DISTINGUISHING CHARACTERISTICS Assistant Civil Engineer – This is the entry-level classification in the civil engineering series. Employees assigned to this class receive explicit direction and training and develop practical experience by performing routine and standardized duties. Associate Civil Engineer -- This is the journey-level classification in the civil engineering series. Employees assigned to this class receive general direction in performing moderate to complex engineering work requiring licensure as a Professional Engineer. . EXAMPLES OF ESSENTIAL DUTIES • Participates in the design, preparation and checking of construction plans, site investigations, cost estimates, specifications and report for the construction of improvement projects including street, water, sewer and storm drain improvements; supervise and assist in project planning, design and contract administration • Collects and analyze engineering design data • Analyzes field data pertaining to grades, alignments and topographical features; perform hydrology, hydraulic and other calculations; review and coordinate the work involved in hillside development HB -99-Item 12. - 3 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: ASSISTANT CIVIL ENGINEER Page 2 of 4 • Coordinates public works activities with other City departments, divisions, sections and outside agencies • Review works of private engineers and outside plan check staff for compliance with City standards and practices; reviews shop drawings submitted by construction contractors; determines engineering requirements for new developments; reviews and provide recommendations for processing change orders requested by contractors • Reviews and updates engineering standard drawings, specifications and design criteria • Reports to work as scheduled and works a variety of schedules including evenings, weekends and holidays as required; maintains regular and consistent attendance record • Performs related duties and responsibilities as assigned The preceding duties have been provided as examples of the essential types of work performed by positions within this job classification. The City, at its discretion, may add, modify, change or rescind work assignments as needed. MINIMUM QUALIFICATIONS: Any combination of education, training, and experience that would likely provide the knowledge, skills, and abilities to successfully perform in the position is qualifying. A typical combination includes: Knowledge of: - Basic principles and practices of civil engineering and design - Practices and terminology in surveying and construction standards - Basic principles and practices of hydraulic engineering and hydrology - Pertinent Federal, State, and local laws, codes and regulations - Principles of mathematics as applied to engineering calculations - Computer software including spreadsheet and data base applications Ability to: - Perform technical research - Read and interpret technical literature, drawings, diagrams and schematics - Apply basic civil engineering practices to technical problems, present findings and make appropriate reports - Use and operate computer systems and software - Prepare civil engineering design computations - Prepare engineering plans, specifications and estimates - Communicate clearly and concisely, both orally and in writing HB -100-Item 12. - 4 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: ASSISTANT CIVIL ENGINEER Page 3 of 4 - Establish and maintain effective working relationships with those contacted in the course of work Education: Bachelor's degree in Civil Engineering from an accredited college or university or related engineering degree with major coursework in civil engineering. Experience: One (1) year’s experience performing professional or paraprofessional civil engineering work or the completion of a six to nine-month internship for an engineering organization performing duties related to civil engineering. Certifications/License: Possession of a valid California Class C driver license and an acceptable driving record are required by time of appointment and during course of employment. Engineer-in-Training certificate required SPECIAL CONDITIONS Employees regularly assigned/required to drive a city or personal vehicle in the course and scope of work shall be required to participate in the DMV Employer Pull Notice program. Public Employee Disaster Service Worker: In accordance with Government Code Section 3100, all Huntington Beach City employees are required to perform assigned disaster service worker duties in the event of an emergency or a disaster. PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS Incumbents must be able to meet the physical requirements of the class and have mobility, balance, coordination, vision, hearing and dexterity levels appropriate to the duties to be performed. Work is performed indoors and outdoors. Incumbents use a computer keyboard and related equipment. Incumbents sit, stand, walk, climb, stoop, crouch, twist, bend, push, pull, reach, grasp, and lift. May require moving tools and equipment weighing 50 pounds or less. When work is performed outdoors, there is full exposure to various weather conditions. Must be able to work in and around bodies of water, including the ocean, lakes, and stormwater discharge systems. Must utilize approved safety equipment and protective gear, including but not limited, hard hats, respirators, life vests, and/or hearing protective devices. Requires near vision in reading correspondence, plans, specifications and other information. Acute hearing is required when providing telephone service and communicating in person. This position is also HB -101-Item 12. - 5 CITY OF HUNTINGTON BEACH CLASS SPECIFICATION TITLE: ASSISTANT CIVIL ENGINEER Page 4 of 4 expected to perform inspections of work in the field that may require walking on uneven ground, working around machinery, fumes, dirt and gas and in varying temperatures. Reasonable accommodation(s) for an individual with a qualified disability will be considered on a case-by-case basis. Est. 8/16/17 HB -102-Item 12. - 6 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0111 Accountant MEA111 32.45 34.23 36.11 38.09 40.19 0286 Accounting Technician I MEA286 22.54 23.78 25.09 26.47 27.92 0287 Accounting Technician II MEA287 24.78 26.14 27.58 29.10 30.70 0294 Accounting Technician Supv MEA294 28.64 30.21 31.88 33.62 35.47 0428 Administrative Aide MEA428 31.81 33.56 35.40 37.35 39.40 0278 Administrative Assistant MEA278 28.08 29.62 31.25 32.97 34.78 0289 Administrative Secretary MEA289 23.92 25.24 26.63 28.10 29.64 0297 Art Programs Curator MEA297 28.36 29.91 31.55 33.29 35.12 0698 **Assistant Civil Enginer MEA698 32.45 34.23 36.11 38.09 40.19 0108 Assistant Planner MEA108 33.27 35.09 37.02 39.06 41.21 0267 Assistant Social Worker MEA267 23.11 24.38 25.72 27.14 28.63 0358 Beach Equip Operator MEA358 26.33 27.77 29.30 30.90 32.60 0149 Beach Maint Crewleader MEA149 34.10 35.98 37.95 40.04 42.24 0452 Beach Maint Service Worker MEA452 24.17 25.50 26.90 28.38 29.94 0210 Building Inspector I MEA210 30.71 32.39 34.17 36.05 38.04 0211 Building Inspector II MEA211 33.94 35.80 37.77 39.84 42.03 0208 Building Inspector III MEA208 37.49 39.55 41.72 44.02 46.44 0176 Building Plan Checker I MEA176 36.94 38.97 41.11 43.37 45.76 0520 Building Plan Checker II MEA520 42.89 45.25 47.74 50.37 53.14 0112 Buyer MEA112 31.96 33.72 35.58 37.53 39.59 0106 Civil Engineering Assistant MEA106 37.86 39.94 42.14 44.46 46.91 0162 Civilian Check Investigator MEA162 25.40 26.79 28.27 29.82 31.46 0186 Code Enforcement Officer I MEA186 25.53 26.93 28.41 29.98 31.63 0182 Code Enforcement Officer II MEA182 31.50 33.22 35.05 36.98 39.01 0511 Code Enforcement Technician MEA511 21.24 22.41 23.64 24.93 26.31 0263 Community Relations Specialist MEA263 26.83 28.31 29.87 31.51 33.25 0597 Community Services Officer MEA597 27.51 29.03 30.62 32.31 34.09 0269 Community Srvcs Rec Specialist MEA269 24.17 25.50 26.90 28.38 29.94 0258 Community Srvcs Rec Supv MEA258 33.43 35.26 37.21 39.26 41.42 0172 Construction Inspector I MEA172 30.71 32.39 34.17 36.05 38.04 0463 Construction Inspector II MEA463 33.94 35.80 37.77 39.84 42.03 0312 Court Liaison Specialist MEA312 23.92 25.24 26.63 28.10 29.64 0166 Crime Analyst MEA166 31.81 33.56 35.40 37.35 39.40 0165 Crime Analyst Senior MEA165 37.11 39.15 41.31 43.59 45.98 HB -103-Item 12. - 7 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0255 Crime Scene Investigator MEA255 29.95 31.61 33.34 35.18 37.11 0119 Criminalist MEA119 33.43 35.26 37.21 39.26 41.42 0192 Cross Connection Control Spec MEA192 31.50 33.22 35.05 36.98 39.01 0400 Custodian MEA400 21.76 22.96 24.22 25.55 26.95 0134 Deputy City Clerk MEA134 26.19 27.62 29.14 30.74 32.44 0138 Development Specialist MEA138 33.43 35.26 37.21 39.26 41.42 0339 Electrician MEA339 31.01 32.72 34.52 36.42 38.43 0232 Emergency Medical Srvcs Coord MEA232 47.40 50.00 52.75 55.65 58.72 0198 Emergency Services Coordinator MEA198 40.82 43.07 45.43 47.93 50.56 0175 Engineering Aide MEA175 26.83 28.31 29.87 31.51 33.25 0180 Engineering Technician MEA180 32.93 34.75 36.66 38.68 40.80 0445 Environmental Specialist MEA445 37.86 39.94 42.14 44.46 46.91 0382 Equip Services Crewleader MEA382 35.15 37.08 39.12 41.27 43.53 0142 Equip/Auto Maint Crewleader MEA142 35.15 37.08 39.12 41.27 43.53 0472 Equip/Auto Maint Leadworker MEA472 31.96 33.72 35.58 37.53 39.59 0383 Equipment Support Assistant MEA383 24.90 26.27 27.72 29.24 30.85 0061 Executive Assistant MEA061 32.29 34.06 35.92 37.90 39.98 0143 Facilities Maint Crewleader MEA143 34.97 36.89 38.92 41.06 43.32 0407 Facilities Maint Leadworker MEA407 27.24 28.74 30.32 31.98 33.74 0391 Facilities Maintenance Tech MEA391 25.15 26.53 27.99 29.53 31.15 0398 Field Service Representative MEA398 25.93 27.35 28.85 30.44 32.11 0588 Fire Prevention Inspector MEA588 38.44 40.55 42.79 45.14 47.62 0260 Fire Safety Program Specialist MEA260 32.45 34.23 36.11 38.09 40.19 0173 Fire Training Maintenance Tech MEA173 29.81 31.45 33.18 35.01 36.93 0470 Forensic Systems Specialist MEA470 35.84 37.81 39.90 42.09 44.40 0576 GIS Analyst I MEA576 36.57 38.58 40.70 42.94 45.30 0178 GIS Analyst II MEA178 39.60 41.78 44.08 46.51 49.07 0190 Haz Mat Program Specialist MEA190 36.20 38.19 40.29 42.51 44.85 0337 Helicopter Maintenance Tech MEA337 29.35 30.97 32.67 34.48 36.38 0115 *Info Systems Technology Analyst I MEA115 36.57 38.58 40.70 42.94 45.30 0505 *Info Systems Technology Analyst II MEA505 39.60 41.78 44.08 46.51 49.07 0117 *Info Systems Technology Analyst III MEA117 42.27 44.59 47.04 49.63 52.36 0118 *Info Systems Technology Analyst IV MEA118 46.46 49.02 51.71 54.55 57.55 0495 *Info Systems Technology Technician I MEA495 22.78 24.03 25.34 26.74 28.21 HB -104-Item 12. - 8 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0494 *Info Systems Technology Technician II MEA494 25.65 27.06 28.55 30.13 31.79 0493 *Info Systems Technology Technician III MEA493 28.77 30.35 32.03 33.79 35.64 0492 *Info Systems Technology Technician IV MEA492 31.81 33.56 35.40 37.35 39.40 0491 *Info Systems Technology Technician Sr. MEA491 34.10 35.98 37.95 40.04 42.24 0155 Irrigation Crewleader MEA155 34.10 35.98 37.95 40.04 42.24 0359 Landscape Equip Operator MEA359 26.33 27.77 29.30 30.90 32.60 0145 Landscape Maint Crewleader MEA145 34.10 35.98 37.95 40.04 42.24 0402 Landscape Maint Leadworker MEA402 28.50 30.06 31.71 33.46 35.30 0163 Latent Fingerprint Examiner MEA163 32.11 33.88 35.75 37.71 39.79 0300 Legal Assistant MEA300 26.83 28.31 29.87 31.51 33.25 0114 Librarian MEA114 29.07 30.67 32.35 34.13 36.01 0432 Library Facilities Coordinator MEA432 26.19 27.62 29.14 30.74 32.44 0451 Library Services Clerk MEA451 20.30 21.42 22.59 23.83 25.14 0257 Library Specialist MEA257 24.17 25.50 26.90 28.38 29.94 0302 Literacy Program Specialist MEA302 29.07 30.67 32.35 34.13 36.01 0392 Maint Service Worker MEA392 24.17 25.50 26.90 28.38 29.94 0394 Maintenance Worker MEA394 21.24 22.41 23.64 24.93 26.31 0448 Marine Equipment Mechanic MEA448 31.66 33.40 35.23 37.16 39.20 0384 Mechanic I MEA384 25.02 26.39 27.85 29.38 31.00 0348 Mechanic II MEA348 27.79 29.33 30.94 32.64 34.43 0347 Mechanic III MEA347 29.51 31.13 32.85 34.65 36.56 0380 Media Services Specialist MEA380 24.17 25.50 26.90 28.38 29.94 0306 Office Assistant I MEA306 17.22 18.17 19.17 20.23 21.34 0304 Office Assistant II MEA304 20.71 21.86 23.06 24.32 25.66 0290 Office Specialist MEA290 21.86 23.06 24.33 25.67 27.08 0378 Painter Leadworker MEA378 31.16 32.88 34.69 36.60 38.62 0153 Park Maintenance Crewleader MEA153 34.97 36.89 38.92 41.06 43.32 0177 Parking Meter Repair Tech MEA177 27.79 29.33 30.94 32.64 34.43 0395 Parking Meter Repair Worker MEA395 25.65 27.06 28.55 30.13 31.79 0570 Parking/Camping Assistant MEA570 21.24 22.41 23.64 24.93 26.31 0459 Parking/Camping Crewleader MEA459 34.10 35.98 37.95 40.04 42.24 0401 Parking/Camping Leadworker MEA401 28.50 30.06 31.71 33.46 35.30 0455 Parking/Traffic Control Coord MEA455 26.83 28.31 29.87 31.51 33.25 0262 Parking/Traffic Control Officr MEA262 21.24 22.41 23.64 24.93 26.31 HB -105-Item 12. - 9 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0577 Parking/Traffic Control Supv MEA577 28.64 30.21 31.88 33.62 35.47 0458 Payroll Specialist MEA458 37.29 39.34 41.51 43.80 46.21 0447 Payroll Technician MEA447 25.15 26.53 27.99 29.53 31.15 0295 Permit Technician MEA295 23.11 24.38 25.72 27.14 28.63 0279 Personnel Assistant MEA279 24.43 25.77 27.18 28.67 30.25 0367 Pest Control Specialist MEA367 25.53 26.93 28.41 29.98 31.63 0136 Planning Aide MEA136 26.83 28.31 29.87 31.51 33.25 0342 Plumber MEA342 30.25 31.91 33.67 35.52 37.48 0197 Police Photo/Imaging Specialist MEA197 29.81 31.45 33.18 35.01 36.93 0307 Police Records Specialist MEA307 21.86 23.06 24.33 25.67 27.08 0283 Police Records Supervisor MEA283 25.53 26.93 28.41 29.98 31.63 0282 Police Records Technician MEA282 19.81 20.90 22.04 23.25 24.52 0308 Police Services Specialist MEA308 24.17 25.50 26.90 28.38 29.94 0215 Police Systems Coordinator MEA215 28.21 29.76 31.40 33.13 34.95 0584 Program Coord - Human Srvcs MEA584 29.81 31.45 33.18 35.01 36.93 0259 *Property and Evidence Officer MEA259 26.58 28.03 29.58 31.21 32.92 0261 *Property and Evidence Supervisor MEA261 30.71 32.40 34.17 36.06 38.04 0583 Rideshare Coordinator MEA583 33.09 34.92 36.84 38.87 41.01 0256 Risk Management Specialist MEA256 24.17 25.50 26.90 28.38 29.94 0515 SCADA Coordinator MEA515 34.10 35.98 37.95 40.04 42.24 0346 SCADA Technician MEA346 30.25 31.91 33.67 35.52 37.48 0110 Senior Accountant MEA110 37.29 39.34 41.51 43.80 46.21 0288 Senior Accounting Technician MEA288 27.24 28.74 30.32 31.98 33.74 0434 Senior Code Enforcement Officer MEA434 34.80 36.71 38.73 40.86 43.10 0171 Senior Construction Inspector MEA171 37.49 39.55 41.72 44.02 46.44 0135 Senior Deputy City Clerk MEA135 33.43 35.26 37.21 39.26 41.42 0586 Senior Engineering Technician MEA586 38.24 40.35 42.57 44.91 47.39 0343 Senior Facilities Maint Tech MEA343 29.51 31.13 32.85 34.65 36.56 0334 Senior Helicopter Maint Tech MEA334 40.62 42.85 45.21 47.69 50.31 0450 Senior Library Specialist MEA450 26.45 27.90 29.44 31.05 32.76 0363 Senior Marine Equip Mechanic MEA363 35.15 37.08 39.12 41.27 43.53 0446 Senior Payroll Technician MEA446 27.65 29.18 30.78 32.48 34.26 0437 Senior Permit Technician MEA437 29.51 31.13 32.85 34.65 36.56 0265 Senior Services Assistant MEA265 16.14 17.02 17.96 18.95 20.00 HB -106-Item 12. - 10 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0481 Senior Services Transp Coord MEA481 25.80 27.21 28.71 30.29 31.95 0709 *Senior Telecommunications Technician MEA709 34.10 35.98 37.95 40.04 42.24 0349 Senior Wastewtr Pump Mechanic MEA349 26.33 27.77 29.30 30.90 32.60 0396 Senior Water Meter Reader MEA396 25.40 26.79 28.27 29.82 31.46 0148 Signs & Markings Crewleader MEA148 34.97 36.89 38.92 41.06 43.32 0338 Signs Leadworker MEA338 29.07 30.67 32.35 34.13 36.01 0354 Signs/Markings Equip Operator MEA354 26.33 27.77 29.30 30.90 32.60 0266 Social Worker MEA266 28.36 29.91 31.55 33.29 35.12 0386 Stock Clerk MEA386 21.24 22.41 23.64 24.93 26.31 0361 Street Equip Operator MEA361 26.33 27.77 29.30 30.90 32.60 0150 Street Maint Crewleader MEA150 34.10 35.98 37.95 40.04 42.24 0406 Street Maint Leadworker MEA406 29.95 31.61 33.34 35.18 37.11 0183 Survey Party Chief MEA183 38.44 40.55 42.79 45.14 47.62 0174 Survey Technician I MEA174 26.83 28.31 29.87 31.51 33.25 0185 Survey Technician II MEA185 29.07 30.67 32.35 34.13 36.01 0195 Telecommunications Specialist MEA195 38.63 40.76 43.00 45.37 47.86 0181 Traffic Engineering Technician MEA181 34.97 36.89 38.92 41.06 43.32 0389 Traffic Maint Service Worker MEA389 24.17 25.50 26.90 28.38 29.94 0410 Traffic Markings Leadworker MEA410 28.50 30.06 31.71 33.46 35.30 0336 Traffic Signal Electrician MEA336 31.50 33.22 35.05 36.98 39.01 0140 Traffic Signal/Light Crewleadr MEA140 34.97 36.89 38.92 41.06 43.32 0365 Tree Equipment Operator MEA365 26.33 27.77 29.30 30.90 32.60 0144 Trees Maintenance Crewleader MEA144 34.10 35.98 37.95 40.04 42.24 0460 Trees Maintenance Leadworker MEA460 28.50 30.06 31.71 33.46 35.30 0268 Volunteer Services Coordinator MEA268 25.80 27.21 28.71 30.29 31.95 0385 Warehousekeeper MEA385 26.83 28.31 29.87 31.51 33.25 0362 Wastewater Equip Operator MEA362 26.33 27.77 29.30 30.90 32.60 0454 Wastewater Maint Service Workr MEA454 24.17 25.50 26.90 28.38 29.94 0146 Wastewater Ops Crewleader MEA146 34.10 35.98 37.95 40.04 42.24 0404 Wastewater Ops Leadworker MEA404 28.50 30.06 31.71 33.46 35.30 0387 Wastewater Pump Mechanic MEA387 25.65 27.06 28.55 30.13 31.79 0582 Water Conservation Coordinator MEA582 33.09 34.92 36.84 38.87 41.01 0151 Water Dist Maint Crewleader MEA151 34.10 35.98 37.95 40.04 42.24 0379 Water Dist Maint Leadworker MEA379 30.86 32.56 34.35 36.24 38.23 HB -107-Item 12. - 11 MEA Salary Schedule 2.0% Effective September 24, 2016 *Modified 8/07/17; **Modified 10/16/17 DRAFT PER RESOLUTION 2017-37 ADOPTED ON 08/07/17 AND RESOLUTION 2017-49 ADOPTED ON 10/16/17 Job type Description PayGrade A B C D E 0147 Water Dist Meters Crewleader MEA147 34.10 35.98 37.95 40.04 42.24 0377 Water Dist Meters Leadworker MEA377 28.50 30.06 31.71 33.46 35.30 0364 Water Equip Operator MEA364 28.50 30.06 31.71 33.46 35.30 0397 Water Meter Reader MEA397 23.46 24.74 26.10 27.54 29.05 0356 Water Meter Repair Technician MEA356 26.19 27.62 29.14 30.74 32.44 0152 Water Operations Crewleader MEA152 34.10 35.98 37.95 40.04 42.24 0371 Water Operations Leadworker MEA371 31.81 33.56 35.40 37.35 39.40 0156 Water Quality Coordinator MEA156 34.10 35.98 37.95 40.04 42.24 0191 Water Quality Technician MEA191 29.95 31.61 33.34 35.18 37.11 0461 Water Service Worker MEA461 24.90 26.27 27.72 29.24 30.85 0368 Water Systems Technician I MEA368 24.90 26.27 27.72 29.24 30.85 0369 Water Systems Technician II MEA369 26.58 28.03 29.58 31.21 32.92 0370 Water Systems Technician III MEA370 29.35 30.97 32.67 34.48 36.38 0449 Water Utility Locator MEA449 29.95 31.61 33.34 35.18 37.11 * **Per Resolution 2017-XX adopted on 10/16/17 the position of Assistant Civil Engineer was created. Per Resolution 2017-37 adopted on 08/07/17 amending the titles of Information SystemsTechnician I-IV to Information Technology Technician I - IV; Senior Information Systems Technician to Senior Information Technology Technician; Information Systems Analyst I-IV to Information Technology Analyst I-IV; Senior Information Systems Analyst to Senior Information Technology Analyst; and adding the new job classification of Senior Telecommunications Technician. HB -108-Item 12. - 12 CITY OF HUNTINGTON BEACH INTER -DEPARTMENTAL COMMUNI CATION HUMAN RESOURCES TO: PERSONNEL COMMISSION FROM: MICHELE W ARREN, DIRECTOR OF HUMAN RESOURCES SUBJECT: CREATION OF ASSISTANT CIVIL ENGINEER JOB CLASSIFICATION DATE: AUGUST 16, 2017 The Public Works Department requested a new job classification of Assistant Civil Engineer. The job class will be represented by the Municipal Employees Association (MEA). The department’s request is due to the existing complement of technical and professional classifications not meeting the required work/task requirements, necessitating the creation of a new classification. Presently, the Civil Engineering Assistant is the highest level in the engineering technician series and provides paraprofessional support to the professional engineering staffing; the Assistant Civil Engineer will be the entry-level job class into the professional engineering series. The pay range was established after taking into consideration pay differentials for other internal and external comparable classifications. The City and MEA have met and conferred regarding the creation of this new job and its inclusion into the classification plan. The recommendation presented is based upon input from the Public Works Department and a review of similar internal and external jobs. This is the second presentation of the proposed job classification to the Personnel Commission. Previously it had been recommended the job classification be established as eligible for flexible staffing. However, upon further analysis, it has been determined the job classification would not meet the flexible staffing criteria for reclassification. At this time, the Personnel Commission is requested to approve staff’s recommendations in accordance with Personnel Rule 12 regarding amendments to the City’s Classification Plan. STAFF RECOMMENDATION Proposed Job Class Title: Assistant Civil Engineer Pay Grade/Range: MEA698 $32.45 - $34.23 - $36.11 - $38.09 - $40.19 Proposed Action: Amend the City’s Classification Plan by creating the Assistant Civil Engineer job classification Affected Employees: None Recommended Action: Approve the Amendment to the City’s Classification Plan Attachment: Assistant Civil Engineer Job Classification Specification cc: Travis Hopkins, Director of Public Works Tom Herbel, City Engineer Judy Graham, MEA President Gregorio Daniel, Teamsters Representative HB -109-Item 12. - 13 Dept. ID ED 17-26 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: On October 18, 2017, the Huntington Beach Auto Dealers Association voted to request the City Council dissolve the Huntington Beach Auto Dealers Association Business Improvement District (BID). To commence the process to dissolve the BID the City Council is requested to adopt Resolution No. 2017-15 declaring the City’s intention to disestablish the Huntington Auto Dealers Association BID and schedule a Public Hearing for December 4, 2017. Financial Impact: On September 18, 2017, the City Council adopted Resolution No. 2017-32 approving an Annual Assessment within the Huntington Beach Auto Dealer Business Improvement District for Fiscal Year 2017-2018. The disestablishment of the Auto Dealer BID would cancel the annual assessment from the ten (10) auto dealers (Fund 701) on January 17, 2018. Recommended Action: A) Adopt Resolution No. 2017-51, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District”; and, B) Direct the City Clerk to schedule a public hearing to be held on December 4, 2017, and send copies of the Resolution of Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District to each auto dealer and publish the same in a newspaper of general circulation. Alternative Action(s): Do not approve Resolution and direct staff as necessary. Analysis: On September 8, 1992, the City Council approved Ordnance 3175 which formed a business improvement area, known as the Huntington Beach Auto Dealers Association Business Improvement District (BID). The BID was established to provide the Auto Dealers an economic tool to help the dealers compete in a regional market and to assist with the electronic reader board. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 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. 2017-51 declaring the City’s Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District (BID); and, schedule a Public Hearing for December 4, 2017 HB -110-Item 13. - 1 Dept. ID ED 17-26 Page 2 of 2 Meeting Date: 11/6/2017 The Auto Dealers Association contacted the City via email on October 2, 2017, requesting the City dissolve the BID. The Auto Dealers Association stated that the economic development tool for the dealers is no longer required and they can sufficiently sustain their business plan and marketing goals without the BID. On October 18, 2017, a vote was conducted by the Huntington Beach Auto Dealers Association BID to disestablish the BID. A majority vote of 7-0-3 voted to request to the City Council the disestablishment of the Auto Dealers BID. Therefore, it is recommended that the City Council adopt Resolution 2017-51 to disestablish the BID. Environmental Status: Not Applicable Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Resolution No. 2017-51, “A Resolution of the City Council of the City of Huntington Beach Declaring the City’s Intention to Disestablish the Huntington Beach Auto Dealers Association Business Improvement District” HB -111-Item 13. - 2 RESOLUTION NO. 2017-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THE CITY'S INTENTION TO DISESTABLISH THE HUNTINGTON BEACH AUTO DEALERS ASSOCIATION BUSINESS IMPROVEMENT DISTRICT WHEREAS, the California Legislature, in adopting the Parking and Business Improvement Area Law of 1989 (Streets and Highways Code §36500.) found that cities are authorized to levy assessments on businesses in order to promote economic revitalization and tourism, create jobs, attract new businesses and prevent erosion of business districts; and The City Council formed a business improvement district, the Huntington Beach Auto Dealers Association Business Improvement District (the "District"), by the passage of Ordinance 3175 on September 8, 1992; and Pursuant to a request from the Huntington Beach Auto Dealers Association, the City is proposing to disestablish the District pursuant to the process detailed in Streets and Highways Code §36550, NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The City Council proposes to disestablish the District at the request of the District, because the assessments are no longer required to finance the cost of the electronic readerboard. SECTION 2. Attached to this Resolution of Intent to disestablish the District is a proposal to dispose of any assets acquired with the revenues of the assessments levied within the parking and business improvement area. SECTION 3. A public hearing shall be held before the City Council on December 4, 2017, at 6:00 p.m., or as soon thereafter as this matter may be heard, in the Council Chambers of the City Hall, 2000 Main Street, Huntington Beach, California, at which time the Council will hear all interested persons for or against the proposed disestablishment of the District. SECTION 4. The City Clerk is hereby directed to provide notice of the public hearing by publishing the Resolution of Intention in a newspaper of general circulation in the City once, for at least seven days before the public hearing; and to mail a complete copy of the Resolution of Intention by first-class mail to each business owner in the area within seven days of the City Council's adoption of the Resolution of Intention to disestablish the District. 17-6057/167112/mv 1 HB -112-Item 13. - 3 RESOLUTION NO. 2017-51 SECTION 5. Further information regarding the proposed disestablishment of the District may be obtained at the Huntington Beach City Hall, 2000 Main Street, Huntington Beach, California 92648; telephone (714) 536-5542. SECTION 6. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager City Attorney roa INITIATED AND APPROVED: Deputy Directgavof Economic Development 17-6057/167112/my 2 HB -113-Item 13. - 4 Huntington Beach Auto Dealer Association, Inc. 2124 Main Street, Suite 195 Huntington Beach, CA 92648 (714) 536-3200 October 24, 2017 Fred Wilson, City Manager City of Huntington Beach 200 Main Street Huntington Beach, Ca 92648 cc: Lori Ann Farrell, Assistant City Manager The Honorable Michael Gates, City Attorney Kelly Fritzal, Deputy Director Business Development Dear Mr. Wilson, Honorable Mr. Gates, et al: Re: Business Improvement District HB Auto Dealers Association The BID process was crafted to be a tool to help the HB Auto Dealers compete in our regional market without being an Auto Mall like Cerritos, Ca. Those monthly assessments helped us fund an aggressive marketing campaign and allowing us to compete and survive for many years. Under the original Ordinance 3175, the City established the HB Auto Dealers Business Improvement District (BID) August 17, 1992, about 25 years ago. Those years of BID derived Assessments were valuable in building our brand and outreach programs. Again, it was a good economic development tool for the dealers, for that period. The Executive Committee of the HB Auto Dealers Association has recommended to the BID general membership a request to the city to dissolve the instruments that created our BID. We are now sufficient in our business plan and marketing plans to be self funded in our efforts to sustain our marketing goals. The details of our requested dissolution will follow. We need to catch up with possible reimbursements and accounting issues to close out the 2016-17 Fiscal Year. We are anxious to do what is required rapidly and would like this effective on or about October 1, 2017. As soon as our paperwork is complete, expected to be within 7 to 10 days, let's schedule a meeting to further perfect our request. As we move towards dissolving the BID, please conclude the process with any and all assets accumulated in the BID accounts to be settled via reimbursements as per the usual voucher package process. The current accounting is attached. Again, thank you all for the effective use of the BID tool and the great relations this partnership afforded both of us, We certainly became more familiar with most of the leaders in our local government, and the City was able to meet each of us on solid business terms, Sincerely, Bob Miller, VP/General Manager Toyota of HB President, HB Auto Dealers Assoc Advisory Board Chair: HB Auto Dealers BID HB -114-Item 13. - 5 Bid Accounting The BID Assets on October I, 2017 include: Assessment Money Received by the City Assessment Accounts Receivable due from Dealers Current Past Due Total Accounts Receivable Total Assets $ 2,600.00 9,400.00 7,520.00 16,920.00 $ 19,520.00 The Disposal Plan for BID Assets is that the BID will dispose of all current assets and all future Bid Assessments collected by the City between now and the date of final dissolution by presenting to the city a voucher package of paid invoices by and /or on behalf of the BID for approved budgeted items. HB -115-Item 13. - 6 Dept. ID ED 17-19 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: Ocean View Estates is a 44 space, city-owned mobile home park that was developed as part of a Relocation Plan for the Waterfront development. Current rental agreements expire in March 2019 with the exception of two (2) Life Estates Agreements which do not expire. City Council is asked to approve a new Ocean View Estates Market Rate Rental Agreement and an Ocean View Estates Driftwood Rental Agreement extending the park’s use through September 2024, pursuant to the Conditional Use Permit. Financial Impact: Fiscal Year 2017/18 General Fund Adopted Budget revenues are approximately $520,000. Recommended Action: A) Approve an Ocean View Estates Market Rate Rental Agreement extending the closure date until September 30, 2024; and, B) Approve an Ocean View Estates Driftwood Rental Agreement extending the closure until September 30, 2024, and approve a three-year phase-in to achieve market rates starting on October 1, 2019 and ending October 1, 2021. Alternative Action(s): Do not approve the rental agreements and direct staff as necessary. Analysis: Ocean View Estates (OVE) Mobile Home Park is located at 7051 Ellis Avenue and is a City-owned mobile home park comprised of 44 mobile home spaces that are rented with various lease or rental agreements. The mobile home park was established in the late 1980’s for relocations due to the Waterfront Project to accommodate residents from three mobile home parks: (1) Huntington Shores (Life Estates); (2) Pacific Trailer Park; and (3) Driftwood Beach Club (Driftwood). As tenants sold their mobile homes the new tenants executed a Market Rate Agreement, which was approved by City Council on February 6, 2006. With the exception of two (2) Life Estates residents, Ocean View Estates rental agreements are scheduled to terminate on March 31, 2019. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Approve the Ocean View Estates Market Rate Rental Agreement and Ocean View Estates Driftwood Rental Agreement extending the park’s use through September 2024 (7051 Ellis Avenue) HB -116-Item 14. - 1 Dept. ID ED 17-19 Page 2 of 2 Meeting Date: 11/6/2017 On February 6, 2006, the City Council authorized Life Estates tenants to convert to a market rate agreement which would allow the tenants to sell their mobile home if they choose to. Two (2) original Life Estates tenants remain in the park. The Life Estates agreements do not have an expiration date and, therefore, the residents have the option to stay at the park indefinitely. The following is a summary of the current tenancy and the agreements: • Market Rate Agreements: There are 35 market rate tenants who currently pay a monthly rent of $1,126.43. On October 1 of each year, the market rate agreements annually increase a minimum of 3% and a maximum of 7% each year depending on the May Consumer Price Index (CPI). All Market Rate agreements are set to expire on March 31, 2019. • Driftwood Estates Agreements: There are seven (7) Driftwood tenants who are under a relocation agreement through March 31, 2019. Their rent is $375.49 per month with an annual increase of 3%. Due to the lower rental amount, a three-year phase-in is recommended to provide parity for the rents with an increase to $580.13 on October 1, 2019; then to $870.20 the following year on October 1, 2020; and to $1,267.80 on October 1, 2021 to match the market rate rent. • Life Estate Agreements: There are two (2) life estates agreements whose rent is $1,274.98 monthly. The Life Estates tenants have the option of converting to lesser rent of a market rate agreement. These agreements have an annual increase of 7%, but they do not have an expiration date. It is recommended that these residents be offered a lesser rent amount in exchange for a 2024 expiration date. However, they can remain on their current lease. Community Development Department, City Attorney’s Office, and Office of Business Development staff members reviewed the final issued Conditional Use Permit (CUP) 88-53/Negative Declaration 88-41 dated December 13, 1988, to expand the existing 20 space mobile home park by adding 24 mobile home spaces. The CUP stated that the park had an interim use for 25 years. However, Council Action dated September 19, 1988, states in the lease terms (Section 3) that the commencement and duration date shall be twenty-five (25) years based on the last mobile home space to be constructed at Ocean View Estates. The last space installed under the relocation agreement was March 1999, hence the 2024 closure date. At an Economic Development Committee (EDC) meeting in January 2015, the Committee reviewed this proposal and recommended supporting the extension of the agreements and Mobile Home Park. Therefore, the City Council is asked to extend the mobile home park use of Ocean View Estates until September 30, 2024, to provide the City with the greatest flexibility and approve new Market Rate and Driftwood Agreements that streamline the charging of market rate rents. Environmental Status: Not Applicable. Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Ocean View Estates Market Rate Rental Agreement 2. Ocean View Estates Driftwood Rental Agreement HB -117-Item 14. - 2 RENTAL AGREEMENT FOR SPACE BETWEEN CITY OF HUNTINGTON BEACH AND FOR OCEAN VIEW ESTATES MOBILEHOME PARK (MARKET RATE) THIS RENTAL AGREEMENT ("Agreement") is made and executed by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "Management", and hereinafter referred to as "Homeowner." The parties agree as follows: 1. GENERAL 1.1 In accordance with California Civil Code §798.17, THIS AGREEMENT IS EXEMPT FROM ANY ORDINANCE, RULE, REGULATION, OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL GOVERNMENT ENTITY WHICH ESTABLISHES A MAXIMUM AMOUNT THAT MAY BE CHARGED FOR RENT. 1.2 The Mobilehome Residency Law of the State of California, a copy of which is attached hereto as Exhibit A, is incorporated into this Agreement by this reference as though fully set forth herein. 1.3 Homeowner has the right to (1) have at least thirty days to inspect the Agreement; and (2) to void the Agreement by notifying Management in writing within 72 hours of the acceptance of the Agreement. 1.4 The Rules and Regulations of the Park ("Park Rules"), a copy of which is attached hereto as Exhibit B is incorporated into this Agreement by this reference as though fully set forth herein. 1.5 A Description of the Physical Improvements to be provided Homeowner during his or her tenancy, the Services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of the tenancy, and the Fees, if any, to be charged for those services, a copy of which is attached hereto as Exhibits C and D is incorporated into this Agreement by this reference as though fully set forth herein. 1.6 As required under Civil Code Section 798.75.5, the completed and current Mobilehome Park Disclosure Form, a copy of which is attached hereto as Exhibit E, is incorporated into this Agreement by this reference as though fully set forth herein. 1.7 The term "Common Areas" is defined as all areas and facilities outside the Premises that are provided and designated by Management from time to time for the general non- exclusive use of Management, Homeowner, other homeowners in the Park and their INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 1 of 23 HB -118-Item 14. - 3 respective invitees, including the clubhouse, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. 1.7.1 During the term of this Agreement, Homeowner shall have the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Management under the terms hereof. 1.7.2 Management shall have the exclusive control, management and maintenance of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Homeowner agrees to abide by and conform to all such rules and regulations. 1.7.3 Management shall have the right, from time to time to: (a) Make changes to the Common Areas; (b) Close temporarily any of the Common Areas for maintenance purposes as long as reasonable access to the Premises remains available; and (c) Use the Common Areas while engaged in making additional improvements, repairs or alterations to the Premises or any portion thereof. 1.7.4 It is the responsibility of Management to provide and maintain physical improvements in the Common Areas in good working order and condition and with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, Management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after Management knows or should have known of the breakdown or deterioration. A reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay. 2. PREMISES 2.1 Management is the owner and operator of that certain forty-four space, ten acre mobilehome park called Oceanview Estates Mobilehome Park, which is located at 7051 Ellis Avenue, Huntington Beach, California ("Park"). Homeowner, the owner or legal possessor of a mobilehome, wishes to lease a space within the Park for the placement of his, her, or their mobilehome. Management hereby rents to Homeowner, and Homeowner accepts from Management those certain Premises commonly known as Space No. ("Space" or Premises"), which is situated within the Park. By signing this Agreement, Homeowner acknowledges having inspected the Premises, Common Areas, as well as all of the Park's services and facilities. Homeowner has found them to be safe and sanitary and as represented by Management; and to the extent INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 2 of 23 HB -119-Item 14. - 4 that they are not precisely as represented visually, Homeowner accepts them as they are at the time this Agreement is signed. 2.2 Once the mobilehome has been secured on the Space, prior to thereafter modifying, adding or removing any existing improvements to the Space, Homeowner shall submit a dimensioned plot plan with the proposed work plan to Management for written approval prior to performing any work. 2.3 Homeowner is responsible for obtaining any and all legally required permits, licenses and/or entitlements required to legally perfoun any work. The Homeowner must pay all fees, costs and/or expenses. 3. TERM 3.1 The tenancy created under this Agreement shall be for a period of twelve months, provided that the initial period shall commence on , 2017, ("Commencement Date"), which shall be a date on or after October 1, 2017 and end on September 30, 2018, unless sooner terminated as provided in this Agreement. 3.2 Homeowner acknowledges that pursuant to California Civil Code §798.17 and §798.18, Management has offered him, her, or them the option of 1) a rental agreement having a term of twelve (12) months; 2) a lesser period as the homeowner may request; or, 3) a rental agreement having a term which is longer telln as mutually agreed upon by both the Homeowner and Management. 3.3 Homeowner acknowledges that he, she, or they have the right to accept any of the foregoing four (4) options as provided in California Civil Code §798.17, but that notwithstanding the foregoing, Homeowner has voluntarily elected the term of tenancy set forth in Paragraph 3.1 hereof. 4. RENT 4.1 Upon the Commencement Date, Homeowner shall pay rent to Management in the amount of One Thousand, One Hundred Twenty Six Dolliars and Forty Three Cents ($1,126.43) per month on the first day of each month, in advance, without deduction or offset of any nature whatsoever. If the Commencement Date is other than the first day of a calendar month, Homeowner shall pay on the first day of the Term, the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter, Homeowner shall pay a full month's Rent on the first day of each calendar month. All monies payable hereunder shall be paid by check or money order to: City of Huntington Beach Attn: Ocean View Estates P.O.Box 711 Huntington Beach, CA 92648-0711 INITIAL EACH PAGE SFF/I7-5881165556:Market Rate ONE Space Rental 3 of 23 HB -120-Item 14. - 5 4.2 Commencing on October 1 following the Commencement Date and continuing on each October 1 of each successive year during the term of this Agreement, or any extension or renewal thereof, the monthly rent which was in effect for the immediately preceding month ("Base Monthly Rent") shall be adjusted by a cost-of-living increase. The Base Monthly Rent payable hereunder shall be increased by no less than three percent (3%) or no more than seven percent (7%) per year, adjusted between this range only by that percentage which occurred in the Consumer Price Index (All Items, Base 1982-84= 100) as published by the United States Department of Labor, Bureau of Labor Statistics, for all consumers for the Los Angeles, Riverside, and Orange County Metropolitan Statistical Area, or whichever such indicator is commonly in use at the time for the most recent published twelve month period dated as of June 1s t , which allows Management to provide a ninety (90) day written notice to Homeowner prior to October 1s t . 4.3 If the rent is not paid by the sixth day of any calendar month, Homeowner shall pay to Management a late charge of five percent (5%) of the Base Monthly Rent for each such untimely payment. If the sixth lands on a weekend date, the rent is considered late if not paid by the first working date of the week following. Homeowner hereby acknowledges that late payment to Management of rent and other sums due hereunder will cause Management to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Management will incur by reason of any late payment by Homeowner. Furthermore, the acceptance of such late charge by Management shall in no event constitute a waiver of any breach of any rule, regulation or covenant of this Agreement; nor shall it reinstate, continue or extend the parties' Agreement or affect any notice, demand or suit; nor prevent Management from exercising any of the other rights and remedies granted hereunder, or by law. 4.4 A handling charge of Twenty-five Dollars ($25.00) shall be due and payable by Homeowner for any check returned by the bank due to insufficient funds in the Homeowner's account or for any other reason, and said sum shall be due and payable within five (5) days from the date such check is returned. Upon a second returned check by the bank due to any reason during the remaining term of the Agreement, a handling charge of Thirty-five Dollars ($35.00) shall be due and payable by Homeowner, and the rent shall be automatically considered as late, if returned by the bank after the sixth of the month or if Homeowner does not make the rent payment in cash or cashier's check to Management by the sixth of the month, and all conditions as set forth in Paragraph 4.3 shall apply. Furthermore, Homeowner agrees, upon a second returned check, to automatically submit payment for all future rental payments in the form of cash, money order, or cashier's check. 4.5 As additional rent ("Guest Fee"), Homeowner shall pay a fifty dollars ($50.00) per month fee for each guest who has stayed more than a total of twenty (20) consecutive days or an aggregate of thirty (30) days during any calendar year (grace period). INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 4 of 23 HB -121-Item 14. - 6 4.5.1 The Guest Fee shall commence the day after a guest has exceeded the grace period and shall be payable in advance on the first day of each month thereafter. Rent for any period that is for less than one month shall be a pro rata portion of the additional rent. 4.5.2 The Guest Fee shall not apply, however, if the guest is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. 4.5.3 Guest fees may be increased upon ninety (90) days prior written notice to Homeowner. 5. STORAGE LIEN Homeowner hereby agrees that the mobilehome will not be removed until all rent and other charges have been paid and that for unpaid rental and charges, Management has a lien on the mobilehome placed on Space No. . The lien rights granted Management include, but are not limited to, those granted by Section 1174 of the California Code of Civil Procedure and Sections 1980-1991 of the California Civil Code. 6. UTILITIES AND OTHER CHARGES Homeowner shall contract with and pay for gas, electricity, water and such other utilities as may be provided. Management shall not be liable for any loss or injury, and Homeowner shall not be entitled to any abatement or reduction of rent by reason of Management's failure to furnish any of the foregoing utilities when such failure is caused by accident, breakage, repairs, strikes, acts of third parties, labor disputes or by any other cause, similar or dissimilar beyond the reasonable control of Management. Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Premises any apparatus or device for the purpose of using electric current, natural gas, water or other utility. 7. TAXES Homeowner shall pay, prior to delinquency, directly to the assessing body or entity all municipal, county, state, federal and local property taxes on Homeowner's mobilehome and other real or personal property owned by Homeowner as well as all taxes levied upon the Premises, Homeowner or the Park in connection with the use and occupancy of the Premises by Homeowner. This also includes taxes of any nature whatsoever levied on accessory equipment and structures (including, but not limited to, awnings, skirting, storage sheds, steps and porches) and any other improvements made or installed by Homeowner, former homeowners or by persons other than Management. 8. SECURITY DEPOSIT 8.1 Homeowner shall deposit with Management upon the execution of this Agreement the sum of $ as security for Homeowner's faithful performance of his, her or their obligations hereunder. If Homeowner fails to pay rent or other charges which INITIAL EACH PAGE SFE/17-5881165556:Market Rate OVE Space Rental 5 of 23 HB -122-Item 14. - 7 are due hereunder, or otherwise defaults with respect to any provision of this Agreement, Management may use, apply or retain all or any portion of said deposit for the payment of any rent or other charge or default, or for the payment of any other sum to which Management may become obligated by reason of Homeowner's default, or to compensate Management for any loss or damage which Management may suffer thereby. If Management so uses or applies all or any portion of said deposit, Homeowner shall within ten (10) days after written demand therefor deposit cash with Management in an amount sufficient to restore said deposit to the full amount hereinabove stated and Homeowner's failure to do so shall be a material breach of this Agreement. Management's obligations with respect to the security deposit are those of debtor and not a trustee. Management may maintain the security deposit separate and apart from its general funds and can comingle the security deposit with its general and other funds. Management shall not be required to pay Homeowner interest on the security deposit. 8.2 Provided Homeowner has promptly paid to Management within five (5) days of the date the amount due for all rent, utilities and reasonable service charges for any twelve (12) consecutive month period subsequent to the initial collection of the security deposit by Management, or upon resale of the mobilehome, whichever occurs earlier, Management shall, upon the receipt of a written request from the Homeowner, refund to Homeowner the amount of the security deposit within thirty (30) days following the end of the twelve (12) consecutive month period of the prompt payment or the date of the resale of the mobil ehome . 9. CHANGES IN PARK RULES AND REGULATIONS, STANDARDS OF MAINTENANCE, SERVICE, EQUIPMENT OR PHYSICAL IMPROVEMENTS This Agreement and the Park Rules, other residency documents, standards of maintenance of physical improvements located therein, together with services (including utilities), equipment and physical improvements may be changed from time to time as provided by the Mobilehome Residency Law and other applicable laws. In such event, the rights granted to the Park due to any amendments, deletions or modifications of the Mobilehome Residency Law and other applicable statutes may be enforced by Management. Management may publish new standards for awnings, steps, porches, landscaping and other amenities at any time that it determines would be in the best interest of the Park and its Homeowner. These standards shall be effective and enforceable to the fullest extent consistent with the Mobilehome Residency Law and other applicable statutes. 10. USE AND OCCUPANCY 10.1 The Mobilehome and Premises shall be used solely and exclusively for private residential purposes. With an approved Home Occupancy Permit and a Huntington Beach Business License, residents may conduct a business limited to the restrictions of the Home Occupancy Permit (Huntington Beach Municipal Code Section 230.12) that are incorporated into this agreement by reference. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 6 of 23 HB -123-Item 14. - 8 10.2 No persons other than Homeowner, and Homeowner's guests, subject to the provisions of Paragraph 11 of this Agreement, may reside at the Premises without prior written consent of Management. 10.3 Any act or omission which creates or substantially causes or contributes to damage, conduct or conditions offensive to the senses, or other nuisance, waste, or unreasonable annoyance to the other residents in the Park is prohibited. Homeowner shall do nothing that will cause damage to the Space or Park. Homeowner will not permit any act or maintain or permit to be maintained any condition on the Premises or in or about the mobilehome, which may cause an increase in the rate of insurance or increase the costs of maintenance and repair or in any way increase the risk of damage to the Premises, Park or any person. 10.4 Ocean View Estates Mobilehome Park is an ALL AGE MOBILEHOME PARK. 10.5 At all times during the term hereof, or any renewal or holdover period, at least one of the persons listed on the last page of this Agreement as Homeowner must be the "legal" or "registered" owner of the mobilehome which occupies the Premises. 10.6 Homeowner is entitled to the peaceful enjoyment of the Space and all park facilities. Any equipment, persons or other such activity that may cause annoyance to other tenants must be kept in compliance with the local municipal noise ordinance. Evidence of unreasonably loud noise may be shown through statements of at least two other residents of the Park. Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, are prohibited. 11. GUESTS Homeowner agrees to acquaint all guests and invitees with the conditions of his, her or their tenancy in the Park, including but not limited to the Park Rules. Homeowner is and shall be held personally responsible for all actions and conduct of his, her or their guests and is liable for any damage or injury to persons or property that is caused or contributed to by Homeowner's guests. 11.2 Management reserves the right to determine whether the Park's recreational and related facilities can accommodate all the Homeowner, Residents and their guests, and by reason thereof, it may refuse any guest access to the facilities, if necessary. 11.3 Guests who stay a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year must register with Management and, in addition, Homeowner will be charged a Guest Fee in the amount set forth in paragraph 4.5 above. However, no such charge will be imposed if the guest is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. Further, each guest must complete an application for tenancy, be approved by Management and sign all other residency documents before being permitted to become a Resident of the Park or reside with the Resident for a period greater than the grace period referred to hereinabove. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 7 of 23 HB -124-Item 14. - 9 12. MAINTENANCE 12.1 Homeowner shall maintain the Premises, and mobilehome in a clean, attractive and well- kept fashion. Homeowner may have storage cabinets to store furniture, trashcans, etc. subject to the limitations set forth in the Mobilehome Residency Law. If a Homeowner has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Homeowner is expressly prohibited from storing anything, other than wheels, tires, and hitches, under the mobilehome. 12.2 Homeowner is required to landscape the Premises, and once landscaped, to maintain the landscaping in a clean, attractive and well-kept fashion. The installation of any trees or any concrete, masonry, ground cover (including rock, wood-chips, bark, etc.), awnings, or wood structure shall be approved in writing by Management. Homeowner shall check with Management before digging or driving rods or stakes in the ground, as damage may occur to underground wiring, utility wire or plumbing. Homeowner shall bear the cost of repairs to any utilities damaged by Homeowner. All landscaping improvements shall at once become a part of the realty and belong to Management and shall remain upon and be surrendered with the Premises. 12.3 Management expressly prohibits the use of any furniture on the patio, porch, or yard of the Premises unless it is outdoor patio furniture approved by Management. No overstuffed furniture, ironing boards, brooms, mops, or other household equipment are allowed to be stored outside the mobilehome or outside a storage shed. 12.4 In the event Homeowner fails to repair or maintain the Premises, including by not limited to the Mobilehome, accessory structures, surrounding area, equipment and landscaping. Management shall have the right to enter the Premises and perform such repair or maintenance as may be required and to charge Homeowner for doing so. Management shall not engage in such action, however, until such time as it gives written notice to Homeowner stating the specific condition to be corrected and that Management will perform the maintenance if the Homeowner does not do so within fourteen (14) days. The notice shall also contain an estimate of the charges to be imposed in the event of non- compliance by the Homeowner. Homeowner shall pay the cost to Management for performing the repair or maintenance within thirty (30) days from the date of Management's written invoice. 12.5 Homeowner is financially responsible to Management for correcting any drainage problems, or for any releveling or adjustment required on the mobilehome, or for the repair or replacement of any other improvements which result from drainage problems, soil expansion or contraction, tree roots, and/or any other reason. Homeowner shall not leave hoses or sprinklers running so that water runs in the street or onto a neighbor's property. Homeowner shall be responsible for correcting any drainage problems that existed on Homeowner's Space at the time Homeowner purchased the mobilehome or which Homeowner caused. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 8 of 23 HB -125-Item 14. - 10 12.6 No flammable, combustible, or explosive fluid, material, chemical or substance, except those used for normal household purposes, may be stored on the Premises. Nothing which creates a hazard on increases the Management's insurance rates shall be permitted on the Premises. No environmentally hazardous or prohibited substance or material may be placed in the trash or sewer system or dumped or otherwise disposed of in the Park. 13. PETS Homeowner may keep one pet subject to the Park Rules. Homeowner may be required to execute a Pet Agreement that will be incorporated herein by reference. Management reserves the right to require pets to be removed by the Homeowner if the Homeowner does not comply with the referenced Park Rules, City Municipal Code, and County Ordinances. Guests are prohibited from bringing pets into the Park. Each pet must be licensed and inoculated in accordance with applicable laws. Upon Management's request, Homeowner shall submit evidence of such licensure and inoculation to Management within seven (7) days of the request. 14. ENTRY UPON SPACE Management shall have the right of entry upon the Premises to maintain the utilities, the Premises itself, the surrounding area or for the protection of the Park at any reasonable time, but not in a manner or at a time which would interfere with the Homeowner's quiet enjoyment. Management may enter a mobilehome without prior written consent of the Homeowner in the case of an emergency or when the Homeowner has abandoned the mobilehome. 15. ACCESSORY EQUIPMENT AND STRUCTURES The Homeowner shall submit to Management in writing a request and receive from Management an approval before construction or installation of any mobilehome accessory. Accessory includes but is not limited to storage facilities, awnings, covers, cabanas, etc. It is the Homeowner's responsibility to obtain a building permit for any such structure from the appropriate governmental agency. The Management reserves the right to reject any and all such requests for additional structures outside the mobilehome and, further, to require Homeowner to remove any such structure from the Premises within fourteen (14) days from Management's written notice. 16. VEHICLES 16.1 No inoperable, unlicensed, unusable or unsightly vehicles will be allowed anywhere with the boundaries of the Park, including in the storage areas. Any vehicles not meeting this standard shall be removed from the Park at Homeowner expense. The foregoing includes, but is not limited to, "junkers" or other vehicles whose exterior appearance has deteriorated to a point where they are unsightly and detract from the appearance of the Park or vehicles which contain unsightly loads that are visible to other persons. Any car dripping oil or gasoline must be kept out of the Park until repaired to prevent damage to the pavement. A drip pan may be used if cleaned regularly. Cat litter sprinkled in carports is prohibited. Excessively noisy vehicles are not permitted in the Park. All vehicles must have legal INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 9 of 23 HB -126-Item 14. - 11 muffling devices. Management has the right to refuse admittance to the Park of any vehicle that does not comply with Section 16. 16.2 No maintenance, repair or other work of any kind on any vehicle, boat or trailer (other than the mobilehome in which the Homeowner resides) may be done on the Space without Management's consent. 16.3 No vehicle may be driven in an unsafe manner. All traffic control signs shall be obeyed. Pedestrians and bicycles shall be granted the right of way. Vehicles operated in the Park must be properly licensed. Any person not properly licensed may not operate a vehicle within the park. 16.4 Bicycles may only be driven on the roadways and not on sidewalks, common area greenbelts and other common areas planted with grass and other landscaping, vacant spaces or any other paved area. Bicycles must obey the same traffic regulations as cars. 16.5 Motorcycles, motorscooters and other 2- and 3-wheeled motorized vehicles may only be ridden in and out of the Park on the designated roads by the most direct route between the Park's entrance and Homeowner's mobilehome. 17. PARKING Vehicles must be parked within Homeowner's space or within the common areas designated for parking; no parking in the street is allowed. No commercial vehicle or equipment shall be parked overnight in the common parking areas without Park Management approval. Resident parking is not permitted on landscaped or other areas of the Space or on empty spaces. Sleeping in vehicles is not permitted. No vehicle may be "stored" on the Homeowner's space. "Storage" includes, without limitation, the parking of an inoperable vehicle for a period exceeding two weeks or the parking of a vehicle for the purpose of selling it as part of a commercial activity. Except to load and unload, motor homes, buses, trucks, bubble top vans, campers, and other similar vehicles may not be parked on Homeowner's space unless they can fit under Homeowner's carport awning and they are used for transportation on a daily basis. No recreational vehicles or other such similar vehicles as listed above, without limitation, may be parked or otherwise stored in any common area contained within the Park. Vehicles parked in violation of this paragraph are subject to being towed at the vehicle owner's expense. 18. GARBAGE AND TRASH DISPOSAL All garbage must be wrapped and, with other refuse, must be place in the proper containers provided therefore. Sanitary and health laws must be obeyed at all times. Private arrangements must be made by the Homeowner for proper disposal of large, bulky items directly with the disposal company. Any costs associated with this service, if any, are to be paid by Homeowner. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 10 of 23 HB -127-Item 14. - 12 19. SALE OF MOBILEHOME 19.1 Homeowner may sell the Mobilehome on the Premises at any time in accordance with the Mobilehome Residency Law and other applicable laws. Any additional rights granted Homeowner or Management due to amendments, deletions or modifications of the Mobilehome Residency Law and other applicable laws may be enforced by Management or by Homeowner. Notwithstanding the foregoing, however, Homeowner must give Management advance written notice of its intent to sell any Mobilehome. Management may, in order to upgrade the quality of the Park, require the removal of mobilehomes from the Spaces upon their sale or transfer to a third party. If the prospective buyer of the Mobilehome intends for the Mobilehome to remain the Park, said buyer must do the following before occupying the Mobilehome: (1) complete an application for tenancy; (2) be accepted by Management; (3) execute a lease agreement and any other agreement for the occupancy of the Premises that Management may reasonable require; (4) execute and deliver to Management a copy of the Park's then effective Park Rules as well as other residency documents; and (5) establish to Management's reasonable satisfaction that it has the financial ability to pay the rent and other charges of the Park and can comply with the rules and regulations. Within fifteen (15) business days of receiving all the information requested by Management, it shall notify Homeowner and buyer of either acceptance or rejection of the application and the reason(s) if rejected. If the Purchaser fails to execute the Park's Lease Agreement, said Purchaser shall have NO RIGHTS OF TENANCY. The lease agreement, Park Rules and other residency documents signed by the new Homeowner may be different in their terms and provisions from this Agreement as well as the Park Rules and other residency documents now in effect. Homeowner specifically acknowledges that the buyer shall be charged a beginning monthly amount for rent that may be greater than the rent Homeowner is then paying. The foregoing provisions shall apply to any transfer of the Mobilehome by Homeowner, whether voluntary or involuntary. 19.2 Homeowner may place a sign in the window of the mobilehome or on the side of the mobilehome facing the street or in the part of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall be no larger than twenty-four (24) inches in width and thirty-six (36) inches in length and shall state only the name, address and telephone number of the Owner of the mobilehome or his or her agent and must be pre- approved in writing by Management before it is placed on display. All other signs are expressly prohibited. 20. MOBILEHOME REGISTRATION AND LICENSE All mobilehomes must be licensed as required by law. Homeowners must annually provide to Park Management a copy of the mobilehome's Certificate of Registration. 21. NON-RESPONSIBILITY OF PARK Management is not responsible to inspect and approve any work done by Homeowner or its assigns, including, but not limited to, the installation of the mobilehome, driveway, walkways, fences or any other equipment or improvements of any type. To the extent that Management may INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 11 of 23 HB -128-Item 14. - 13 inspect or approve various issues, it is solely for Management's own purpose and Homeowner is not entitled to rely on that inspection or approval to ensure that the item has installed or constructed correctly or that the work has otherwise been done as required. Instead, Homeowner is responsible for all required inspections and approvals and Homeowner agrees to indemnify and hold Management harmless from any work that is completed within the Premises. 22. NO WARRANTIES Management is not agreeing to provide a Park that provides other than housing opportunities. Management is not warranting or representing that Homeowner's mobilehome will appreciate in value. 23. STATUTE OF LIMITATIONS Homeowner agrees that any claim against Management, or any claim Management may have against Homeowner must be filed within one year from the first date of the occurrence, event, accident or condition or the date same should have been known. If any claim is not filed within one (1) year from such date, it shall be forever barred and extinguished. Homeowner is encouraged to consult an attorney about the meaning and effect of this provision. Please initial here to confirm the foregoing notice: Homeowner's Initials: 24. PARK CLOSURE; LIMITATION OF RIGHTS Homeowner is put on formal notice that Ocean View Estates Mobilehome Park ("Park" or "OVE") will close no later than September 30, 2024 ("Closure Date"). Homeowner hereby acknowledges that he or she has not relied upon any belief or representation that the value of mobilehomes in the Park will increase or decline prior to the termination of his/her tenancy. Homeowner hereby represents and acknowledges that he or she has no expectation as to the "in place value" or "in park value" of his or her mobilehome which is to be located on the Premises. It is mutually agreed that this Agreement shall act as and shall be considered as the eighteen (18) month Notice of Change of Use of Ocean View Estates Mobilehome Park which is to take place no later than September 30, 2024 and that, on said date, upon proper notice by Management to Homeowner, the Park will convert to use as a public park. It is mutually agreed that this Agreement shall be considered to be and shall act as the six (6) month Notice of Change of Use and any other notices of change of use that might otherwise be required by then-applicable federal, state, or local law. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives the right to receive further notice that his or her tenancy at OVE shall not extend beyond the Closure Date. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to receive any relocation benefit when OVE closes except as may be expressly provided herein. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to object to the closure of OVE and agrees to vacate the Premises upon receipt of a sixty (60) day Notice of Termination of Tenancy INITIAL EACH PAGE SFF/I 7-5881165556:Market Rate OVE Space Rental 12 of 23 HB -129-Item 14. - 14 prior to the Closure Date. Homeowner agrees to give notice to subsequent purchasers of his or her mobilehome on the Premises of this status and the requirements placed upon such buyer pursuant to this Agreement. 25. EASEMENTS Management reserves to itself the right, from time to time, to grant such easements, rights and dedications that Management deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Homeowner. Homeowner shall sign any of the aforementioned documents upon request of Management and failure to do so shall constitute a material default of this Agreement by Homeowner without the need for further notice to Homeowner. 26. INDEMNIFICATION, DEFENSE, HOLD HARMLESS Homeowner hereby agrees to protect, defend, indemnify and hold harmless Management, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Homeowner's agents, employees, licensees or invitees and damage to Homeowner's property, arising directly or indirectly out of any activities or omission of Homeowner or her agents, employees, licensees or invitees, caused in whole or in part by any negligent act or omission of Homeowner or her agents, employees, licensees or invitees, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of Management. Homeowner will conduct all defense at her sole cost and expense and Management shall approve selection of Homeowner's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Homeowner. 27. INSURANCE Management does not carry public liability or property damage insurance to compensate or cover Homeowner, Residents or Guests or any other person from any loss, damage or injury of any nature whatsoever except those resulting from actions where Management would be legally liable for such loss, damage or injury. Homeowner is responsible for obtaining, at Homeowner's own cost and expense, extended coverage for homeowners, fire, liability, property and other casualty insurance on the Mobilehome, the items located in the storage area, other improvements and contents wherever located to the full insurable value as well as such other insurance as may be necessary to protect Homeowner, Residents, Guests or others from any other type of loss or liability. Homeowner shall provide to Management a copy of all insurance certifications as proof of such coverage. Homeowner shall be required to provide insurance to the limits as specified by the Risk Management Department of Management; such limits will be provided to Homeowner prior to entry into the Park. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 13 of 23 HB -130-Item 14. - 15 28. ASSIGNMENT AND SUBLEASING For purposes of this Agreement assignment and subletting includes, but is not limited to, any of the following: subletting, assigning, leasing, renting or otherwise allowing any person other than Homeowner to occupy the Premises for a fee or other consideration, regardless of the time period. Any such assignment or subleasing is prohibited, except as allowed pursuant to the Mobilehome Residency Law, attached hereto as Exhibit "A." 29. COMPLAINTS All Homeowner complaints, except emergencies, must be presented to Management in writing during normal business hours. 30. TERMINATION OF TENANCY BY MANAGEMENT 30.1 The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by Homeowner: (a) The vacating or abandonment of the Premises by Homeowner; (b) The failure by Homeowner to make any payment of rent or any other payment required to be made by Homeowner hereunder as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Management to Homeowner. In the event that Management serves Homeowner with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statutes or the Mobilehome Residency Law, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. (c) The failure by Homeowner to observe or perfolin any of the covenants, conditions or provisions of this Agreement to be observed or performed by Homeowner, other than described in Paragraph (b) above, where such failure shall continue for the respective period of time described more particularly hereinabove following delivery of written notice of said failure to Homeowner. (d) The making by Homeowner of any general arrangement or assignment for the benefit of creditors or seeking protection under and pursuant to the United States Bankruptcy Act. (e) The discovery by Management that any financial statement given to it by Homeowner, any assignee of Homeowner, any sub homeowner of Homeowner, any successor in interest of Homeowner or any guarantor of Homeowner's obligation hereunder, or any of them, was materially false. INITIAL EACH PAGE SEF/17-5881165556:Market Rate OVE Space Rental 14 of 23 HB -131-Item 14. - 16 (f) Failure of the Homeowner to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after Homeowner receives a notice of noncompliance from the appropriate governmental agency. (g) Conduct by the Homeowner upon the Park premises, which constitutes a substantial annoyance to other Homeowners. (h) Failure of the Homeowner to comply with a reasonable rule or regulation of the Park following the giving of appropriate notice. 30.2 In the event of any such material default or breach by Homeowner, Management may at any time thereafter, with or without notice or demand and without limiting Management in the exercise of any right or remedy which it may have by reason of such default or breach: (a) Terminate Homeowner's right to the possession of the Premises by any lawful means, in which case this Agreement shall terminate and Homeowner shall immediately surrender possession of the Premises to Management. In such event, Management shall be entitled to recover from Homeowner all damages incurred by Management by reason of Homeowner's default including, but not limited to the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; and any real estate commission actually paid. (b) Maintain Homeowner's right to possession in which case this Agreement shall continue in effect whether or not Homeowner shall have abandoned the Premises. In such event, Management shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Management under the laws or judicial decisions of the State of California, including but not limited to Section 1951.2 of the Civil Code. Unpaid installments of rent and other monetary obligations of Homeowner under the terms of this Agreement shall bear interest from the date at the maximum rate then allowable by law. 30.3 In the event Homeowner remains in possession of the Premises after its tenancy has been terminated, it shall pay to Management an amount equal to the rental charges Homeowner was paying at the time of termination, or the fair market rental value of the Premises as determined by Management, whichever is greater. Acceptance of any money by Management pursuant to this provision shall not be construed as a reinstatement of Homeowner's tenancy or a waiver of any right that Management may have to collect additional damages from Homeowner pursuant to Civil Code, Section 1951.2, which sets forth the remedies which are available to a landlord when the Homeowner breaches a lease. Additionally, Management reserves the right to pursue any other remedy now or hereafter available to it under the laws or judicial decisions of the State of California. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 15 of 23 HB -132-Item 14. - 17 31. TERMINATION BY HOMEOWNER Homeowner occupying the Premises may elect to te minate this Agreement on sixty (60) days written notice to such effect to Management if any of the following events occur: (a) All persons occupying the Premises rented to Homeowner pursuant to this Agreement terminate their tenancy as to said Premises and remove their mobilehome from the Park. In such instance, the Premises shall revert to Management's control and it may lease or rent the Premises to any other party on any terms it may choose. (b) All persons occupying the Premises rented to the Homeowner under this Agreement terminate their tenancy as to said premises and sell their mobilehome to another party who has been approved by Management for tenancy in the Park in accordance with the temis set forth in the paragraph entitled "SALE OF MOBILEHOME". In such event, this Agreement may, at Management's option, be assigned or transferred to the other party in accordance with the terms of this Agreement. 32. TERMINATION UPON DEATH The agreement shall terminate upon the death of the last Homeowner identified as a party to and signatory of this agreement. In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of Article 7, Mobilehome Residency Law, which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. 33. HOLD-OVER TENANCY If Homeowner remains in possession of the Premises after the expiration of the term of this Agreement, and has not executed a new occupancy agreement with respect thereto that Management has received and approved prior to the aforementioned expiration, said possession by Homeowner shall be deemed a month-to-month tenancy and Management may terminate or refuse to renew Homeowner's tenancy in accordance with the paragraph in this Agreement entitled "TERMINATION OF TENANCY BY MANAGEMENT". Notwithstanding any contrary provision in paragraph 30 hereof, Management may, upon ninety (90) days notice, increase the monthly rent and other fees of the park, without limitation, charged to the Homeowner who is holding over. 34. HEADINGS The titles of the paragraphs or subparagraphs contained herein are inserted solely for convenience and under no circumstances are they or any of them to be treated or construed as part of this Agreement. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 16 of 23 HB -133-Item 14. - 18 35. TIME OF ESSENCE Time is of the essence with respect to the performance of every provision of this Agreement. 36. COMPLIANCE WITH LAW Homeowner shall at Homeowner's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to Homeowner's use and occupancy of said Premises whether such statutes, ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Homeowner in a proceeding brought against Homeowner by any government entity, that Homeowner has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Management and Homeowner and shall be ground for telinination of this agreement by Management. 37. INVALIDITY OF PROVISIONS 37.1 If any term or provision of this Agreement or any document referred to in this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the other document or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each term and provision of this Agreement or other document the application of such term or provision shall be valid and be enforced to the fullest extent permitted by law. 37.2 Certain terms and provisions of this Agreement and other documents referred to therein relate to, restate, or summarize provisions of the Mobilehome Residency Law and other applicable statutes. In every instance, it is intended that these references, restatements, and summaries will accurately reflect the law and correctly set forth Homeowner's and Management's rights, liabilities, duties and obligations to one another and to other persons. The same is true of all of the other provisions of this Agreement and the other documents utilized by Management. If any provisions of this Agreement or the other documents used by Management fail in any way to meet the above criteria, then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect Homeowner's and Management's rights, liabilities, duties, responsibilities, and obligations under the provisions of the Mobilehome Residency Law and other applicable statutes, Homeowner agrees to promptly notify Management, in writing of any instance where Homeowner believes that any of the provisions of this Agreement or other documents utilized by Management fail to meet the above criteria. 38. WAIVER OF DEFAULT 38.1 No delay or omission in the exercise of any right or remedy by Management regarding any default by Homeowner hereunder shall impair any such right or remedy or be construed as a waiver. No waiver by Management of its right to enforce any provision hereof after any default on the part of Homeowner shall be effective unless made in writing and signed by INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 17 of 23 HB -134-Item 14. - 19 Management nor shall it be deemed a waiver of Management's right to enforce each and all of the provisions hereof upon any further or other default on the part of Homeowner. The acceptance of rent hereunder shall not be a waiver of any preceding breach by Homeowner of any provision hereof, regardless of Management's knowledge of such preceding breach at the time of acceptance of such rent. 38.2 Acceptance of rent after service of a notice to terminate tenancy as specified in Civil Code section 798.57 shall not waive, stop, affect or prejudice the notice, the suit, action or legal proceeding in any way, such acceptance being inadmissible on liability issues. Nor shall routine service of other notices, management communications, or other actions or omissions of the Management waive, prejudice, or affect the right to terminate tenancy, process a purchaser application and approve a tenant for tenancy, or otherwise affect the rights of Management. Possession of rent by Management shall not be acceptance until actually approved by the park owner; accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the park owner. 39. ABANDONMENT During the term of this Agreement or any period of holding over, Homeowner shall not abandon the Premises or the mobilehome located thereon. In the event Homeowner does abandon either the Premises or his or her mobilehome, such action shall be deemed to be Homeowner's election to terminate this Agreement and Management shall have the rights afforded to it under California law to dispose of Homeowner's mobilehome and personal property located in, on and about the Premises and within the Park. 40. ATTORNEY'S FEES In the event suit is brought by either party to declare, interpret or enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 41. RESERVED. INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 18 of 23 HB -135-Item 14. - 20 City Attorney eVI 42. ENTIRE AGREEMENT This Agreement and the Exhibits referred to herein constitute the entire Agreement between Homeowner and Management pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties whether oral or written. IN WITNESS WHEREOF, Management and Homeowner have executed this Agreement by and through their authorized officers on , 20 HOMEOWNER: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By: APPROVED AS TO FORM: By By: Attachments Exhibit A Mobilehome Residency Law of the State of California-2017 Exhibit B Rules and Regulations of the Park, as of December 8, 2005 Exhibits C and D A Description of Physical Improvements to Home Site, and Services and Fees Exhibit E Mobilehome Park Rental Agreement Disclosure Form INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 19 of 23 HB -136-Item 14. - 21 EXHIBIT A MOBILEHOME RESIDENCY LAW OF THE STATE OF CALIFORNIA Go to http://www.lacd.ca.gov/manufactured-mobile-home/mobile-home- ombudsman/docs/Mobilehome-Residency-Law-2017.pdf INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 20 of 23 HB -137-Item 14. - 22 EXHIBIT B RULES AND REGULATIONS OF THE PARK INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 21 of 23 HB -138-Item 14. - 23 Ocean View Estates Mobile Home Park 7051 Ellis Avenue Huntington Beach, CA 92648 Exhibit B MOBILE HOME PARK RULES AND REGULATIONS 1. Residents shall maintain their lots and mobile homes. Lots are to be kept neat and orderly, maintaining the landscaping to include mowing of grass, trimming of treesIbushes, and the elimination of weeds within the lot. No furniture is permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., is allowed outside mobile home unless in an approved storage cabinet. No storage is permitted under a mobile home. If the lot is not properly cared for, the Park may have work performed and make appropriate charges. The mobile home exterior (including awnings and sheds) must be well maintained including painting and proper repair when needed. • 2. No loud talking, radio, television, or other noise between 10:00 PM and 8:00 AM or disturbing noises at any time or any place. 3. Speed limit is 10 MPH on the premises. 4. Resident's automobiles shall be parked in their driveways. Parking of more than two vehicles on a regular basis requires special arrangements with the management. Streets (designated fire lanes) and must be kept clear. Other designated parking areas within the park are for guest parking or temporary residential parking. Regarding the additional parking area, located on the main entry road, overnight parking is prohibited. 5. Recreational vehicles (RV's and Campers) shall not be stored within the park. Recreational vehicles are allowed for the purposes of loading and unloading only. Inoperable vehicles are prohibited throughout the park. 8. Minors (under 18 years of age) are not permitted in the Clubhouse area unless accompanied by an adult. Adult supervision is necessary for children under the age of 12 years for activities in other common areas. • 7. The drying of laundry visible from the streets and common areas is prohibited. 8. No "FOR SALE" signs or advertising shall be posted for commercial purposes anywhere within the park. A 'For Sale' sign may be posted for the following purposes: 1) selling their personal vehicle located within their driveway, and 2) selling the mobile home in place with notification to Park Management. 9. Each homeowner is limited to one pet with prior approval from -management by completing a "Pet Agreement". All pet owners are responsible for their animal's behavior. Dogs must be kept on a leash in all common areas. Residents shall not feed stray animals within the park nor leave food outdoors that will encourage animals to come into the park. 10. All mobile home cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 11. If at any time it is necessary to call the Police or any other enforcement agency, advise management of such action as soon as possible. HB -139-Item 14. - 24 ......04...... . . 12. Management reserves the right to restrict the use of the common areas or any park facility as to hours, purposes and conduct. Scheduling of events offered for park residents, or any group thereof, must be first approved by management (See also the Clubhouse Rules and reservation policies for private events.) 13. Residents entertaining visitors or guests at the park shall be responsible for their conduct while on the park premises, and shall be responsible for any charges incurred i by the visitors or guests. I 14. All visitors or guests who remain more than seven consecutive days must be registered with the park management. 15. A vehicle washing and maintenance may only be conducted within the homeowner's driveway. Residents must avoid grease dripping onto any surface areas. Major vehicle maintenance is prohibited (examples are rebuilding an engine). Excessive running water needs to be limited to avoid possible damage to neighbor's landscaping or property. 1 15, Residents shall deposit all garbage and trash in the receptacles provided. Residents must be make special pick-up arrangements with Rainbow Disposal for large items that I will not fit into the receptacles. At no time shall furniture and other bulky items be placed . within, adjacent to, or outside of the trash enclosures, - 17. Management may require the removal of any mobile home that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 1 18, Park Management reserves the right to amend, revise and add to the park rules and regulations from time to time in accordance with the Mobile home Residency Law. 1 The park rules and regulations are incorporated into the lease or rental agreement by reference. I Approved by City Council, December 8, 2005 1 ' } 1 1 1 , NdoP ndi der Nrowarorw.N.drrNaPNaPPNaPNairdr HB -140-Item 14. - 25 EXHIBITS C AND D A DESCRIPTION OF THE PHYSICAL IMPROVEMENTS TO HOME SITE Services nd Fees INITIAL EACH PAGE SFF/17-5881165556:Market Rate O'VE Space Rental 22 of 23 HB -141-Item 14. - 26 . . Ocean View Estates Mobile Home Park iwft: 7051 Ellis Avenue Huntington Beach, CA 92648 .1 - _ I 1 1 Exhibit C 1 improvements - 1 Each mobile home site will be provided with a driveway, utility hookups, and fencing 4 separating the premises from other mobile home sites and/or the common areas. , 1 I Exhibit D 1 Services & Fees 1 1 There are no additional services provided to the Ocean View Estates residents that cause 4 1 a fee for services. I If a resident desires to have a copy of the Clubhouse key, then the resident will sign a key 1 agreement saying that if the key is lost a replacement cost of $25 will be charged. 4 i 4 I , , i , i ..........low ...„,4 0"...,40%....................dir........."-%arNairNars.ar HB -142-Item 14. - 27 EXHIBIT E MOBILEHOME PARK RENTAL AGREEMENT DISCLOSURE FORM INITIAL EACH PAGE SFF/17-5881165556:Market Rate OVE Space Rental 23 of 23 HB -143-Item 14. - 28 Mobilehome Park Rental Agreement Disclosure Form THIS DISCLOSURE STATEMENT CONCERNS THE MOBILEHOME PARK KNOWN AS OCEAN VIEW ESTATES (OVE) LOCATED AT 7051 ELLIS AVENUE, HUNTINGTON BEACH, CALIFORNIA, 92647 IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE PARK AND PARK COMMON AREAS AS OF (date) April 1, 2007 IN COMPLIANCE WITH SECTION 798.75.5 OF THE CIVIL CODE. IT IS NOT A WARRANTY OF ANY KIND BY THE MOB ILEHOME PARK OWNER OR PARK MANAGEMENT AND IS NOT A SUBSTITUTE FOR ANY INSPECTION BY THE PROSPECTIVE HOMEOWNER/ LESSEE OF THE SPACE TO BE RENTED OR LEASED OR OF THE PARK, INCLUDING ALL COMMON AREAS REFERENCED IN THIS STATEMENT. THIS STATEMENT DOES NOT CREATE ANY NEW DUTY OR NEW LIABILITY ON THE PART OF THE MOB ILEHOME PARK OWNER OR MOBILEHOME PARK MANAGEMENT OR AFFECT ANY DUTIES THAT MAY HAVE EXISTED PRIOR TO THE ENACTMENT OF SECTION 798.75.5 OF THE CIVIL CODE, OTHER THAN THE DUTY TO DISCLOSE THE INFORMATION REQUIRED BY THE STATEMENT. Are you (the mobilehome park owner/mobilehome park manager) aware of any of the following: A. Park or common area facilities B. Does the park contain this facility? C. Is the facility in operation? D. Does the facility have any known substantial defects? E. Are there any uncorrected park citations or notices of abatement relating to the facilities issued by a public agency? F. Is there any substantial, uncorrected damage to the facility from fire, flood, earthquake, or landslides? G. Are there any pending lawsuits by or against the park affecting the facilities or alleging defects in the facilities? H. Is there any encroachment, easement, non- conforming use, or violation of setback requirements regarding this park common area facility? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Clubhouse X X X X X X X Walkways X X X X X X X Streets, roads and access X X X X X X X Electric utility system X X X X X X X Water utility system X X X X X X X Gas utility System X X X X X X X Common area lighting system X X X X X X X Septic or sewer system X X X X X X X Playground X X X X X RV storage X X X X X Parking areas X X X X X X X Swimming pool X X X X X Spa pool X X X X X Laundry X X X X X Other common area facilities* X X X X X X X *If there are other important park or common area facilities, please specify (attach additional sheets if necessary): If any item in C is checked "no", or any item in D, E, F, G, or H is checked "yes ', please explain (attach additional sheets if necessary): In addition to the above, the Prospective Buyer is informed that OVE will close no later than March 31, 2019 ("Closure Date"). The Prospective Buyer acknowledges that that he or she has not relied upon any belief or representation that the value of the mobilehome in the Park will increase or decline prior to the termination of his/her tenancy. Homeowner represents and acknowledges that he/she has no expectation as to the "in place value" or in park value" of his/her mobilehome which is to be located on the premises. It is agreed that this shall act as and shall be considered the eighteen (18) month Notice of Change of Use of OVE which is to take place no later than March 31, 2019 and that, on said date, Park will convert to use as a public park. The Prospective Buyer agrees that he/she is not entitled to any relocation benefits upon such park closure. The mobilehome park owned-park manager states that the information herein has been delivered to the prospective homeowner/ lessee a minimum of three days prior to execution of a rental agreement and is true and correct to the best of the park owner/park manager's knowledge as of the date signed by the park owner/manager. Park Owner/Manager . By: Date: print name signature I/WE ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE PARK OWNER/MANAGER STATEMENT. Prospective Homeowner(s): Lessee Date: Lessee Date: Park Owner/Manager Date: (Added by SB 534 (Dunn), Ch. 517 (1999), eff. 1/1/2000) HB -144-Item 14. - 29 RENTAL AGREEMENT FOR SPACE BETWEEN CITY OF HUNTINGTON BEACH AND FOR OCEAN VIEW ESTATES MOBILEHOME PARK THIS RENTAL AGREEMENT ("Agreement") is made and executed by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California, hereinafter referred to as "Management", and hereinafter referred to as "Homeowner." The parties agree as follows: RECITALS: A. On or about September 26, 1988, the former Redevelopment Agency of the City of Huntington Beach ("Agency"), RLM Properties, Ltd., Association ("RLM"), and approximately two hundred thirty-nine (239) current and former tenants and owners of mobilehome coaches at the Driftwood Beach Club Mobilehome Park (the "Original Driftwood Mobilehome Owners") entered into that certain Mobilehome Acquisition and Relocation Agreement (the "Original Agreement") which provided, inter alia, for the sale by the Original Driftwood Mobilehome Owners to Agency of their mobilehomes and related facilities at Driftwood (the "Mobilehomes"), the closure of the Driftwood Beach Club Mobilehome Park and related facilities ("Driftwood"), and the relocation of the Original Driftwood Mobilehome Owners (and their households and/or subtenants) therefrom. B. Mayer Financial, Ltd. ("Mayer") subsequently became the successor-in-interest to the rights and obligations of RLM. C. The Original Agreement was partially implemented and executed in several ways, including that the Agency developed the Ocean View Estates Mobilehome Park (the "Park") to provide temporary mobilehome housing and relocated a number of the Original Driftwood Mobilehome Owners to the Park. D. On or about October 19, 1998, the Agency, the City of Huntington Beach, Mayer, Driftwood, and certain then current and former individual tenants and owners of mobilehome coaches at Driftwood entered into the Amended and Restated Mobilehome Acquisition and Relocation Agreement (the "Amended Agreement") which, among other things, permitted Homeowner and other mobilehome owners at Driftwood to relocate to the Park. E. As of November 20, 1998 [December 5, 1998], Homeowner and Management entered into a Lease Agreement for Space ("Space" or "Premises") at the Park (the "1998 Lease"). INITIAL EACH PAGE 1 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -145-Item 14. - 30 F. Pursuant to Section 2, the term of the 1998 Lease was twenty (20) years, expiring on November 20, 2018 [December 5, 2018]. Pursuant to Section 30 of the 1998 Lease, Homeowner's tenancy ended on November 20, 2018 [December 5, 2018], and Homeowner had no further right to possess or own the Premises. This termination date of the 1998 Lease was to enable Management to close the Park on March 31, 2019. G. Management has determined to extend the life of the Park to September 30, 2024. Homeowner has determined enter into this new Agreement in order to continue to reside at the Park through September 30, 2024. Homeowner understands that this Agreement terminates the 1998 Lease as of the Commencement Date of this Agreement. H. The 1998 Lease between Homeowner and Management provided for a Base Rent beginning at Two Hundred Eight Dollars and No Cents ($208.00) per month, subject to a cost- of-living increase in accordance with the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics for the Los Angeles, Riverside, and Orange County Metropolitan Statistical Area (All Items), with a minimum increase of three percent (3%) per year and a maximum increase of six percent (6%) per year. By way of an August 16, 2003 Amendment to the 1998 Lease, the Operative Date for the 1998 Lease for purposes of rent increases was changed to October 1St of each year. I. Pursuant to the rent increase formula of the 1998 Lease, the rent increased by three percent (3%) on October 1, 2017 to Three Hundred Seventy Five Dollars and Forty Nine Cents ($375.49) per month. Assuming a three percent (3%) increase effective October 1, 2018, the rent will increase to Three Hundred Eighty-Six Dollars and Seventy-Five Cents ($386.75) per month, and assuming a three percent (3%) increase effective October 1, 2019, the rent will increase to Three Hundred Ninety-Eight Dollars and Thirty- Six Cents ($398.36) per month. J. It is understood and agreed between Homeowner and Management that the leases between Management and the remainder of the lessees in the Park are at a higher, "Market Rent." As of October 1, 2017, the rent for the Market Rent Leases is One Thousand One Hundred Twenty-Six Dollars and Forty-Three Cents ($1,126.43) per month. Effective October 1, 2019, Homeowner will begin to transition to the Market Rent Leases. The Market Rent Leases are subject to annual increases in accordance with the increase in the cost-of-living, subject to a minimum increase of three percent (3%) and a maximum increase of seven percent (7%) per year. Assuming three percent (3%) increases for the following four years after 2017, the rents will increase to One Thousand One Hundred Sixty Dollars and Twenty-Two Cents ($1,160.22) per month on October 1, 2018, One Thousand One Hundred Ninety-Five Dollars and Three Cents ($1,195.03) per month on October 1, 2019, One Thousand Two Hundred Thirty Dollars and Eighty-Nine Cents ($1,230.89) on October 1, 2020, and One Thousand Two Hundred Sixty-Seven Dollars and Eighty Cents ($1,267.80) on October 1, 2021. K. It is understood and agreed between Homeowner and Management that beginning October 1, 2019, the rent will increase by fifty percent (50%) per year until it is equivalent to market rents for the remainder of the Park, at which time rents will increase according to the same formula used for the Market Rent Leases. Consequently, under the rent formula at Section 4 of this Agreement, and assuming three percent annual rent increases for Market Rents through INITIAL EACH PAGE 2 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -146-Item 14. - 31 2020, Homeowner's rent will increase by fifty percent (50%) to Five Hundred Eighty Dollars and Thirteen Cents ($580.13) per month effective October 1, 2019. Effective October 1, 2020, the rent will increase by fifty percent 50% to Eight Hundred Seventy Dollars and Twenty Cents ($870.20) per month, and effective on October 1, 2021, it will increase to the Market Rent of One Thousand Two Hundred Sixty-Seven Dollars and Eighty Cents ($1,267.80) per month. 1. GENERAL 1.1 In accordance with California Civil Code §798.17, THIS AGREEMENT IS EXEMPT FROM ANY ORDINANCE, RULE, REGULATION, OR INITIATIVE MEASURE ADOPTED BY ANY LOCAL GOVERNMENT ENTITY WHICH ESTABLISHES A MAXIMUM AMOUNT THAT MAY BE CHARGED FOR RENT. 1.2 The Mobilehome Residency Law of the State of California, a copy of which is attached hereto as Exhibit A, is incorporated into this Agreement by this reference as though fully set forth herein. 1.3 Homeowner has the right to (1) have at least thirty days to inspect the Agreement; and (2) to void the Agreement by notifying Management in writing within 72 hours of the acceptance of the Agreement. 1.4 The Rules and Regulations of the Park ("Park Rules"), a copy of which is attached hereto as Exhibit B is incorporated into this Agreement by this reference as though fully set forth herein. 1.5 A Description of the Physical Improvements to be provided Homeowner during his or her tenancy, the Services which will be provided at the time the rental agreement is executed and will continue to be offered for the term of the tenancy, and the Fees, if any, to be charged for those services, a copy of which is attached hereto as Exhibits C and D is incorporated into this Agreement by this reference as though fully set forth herein. 1.6 As required under Civil Code Section 798.75.5, the completed and current Mobilehome Park Disclosure Form, a copy of which is attached hereto as Exhibit E, is incorporated into this Agreement by this reference as though fully set forth herein. 1.7 The term "Common Areas" is defined as all areas and facilities outside the Premises that are provided and designated by Management from time to time for the general non- exclusive use of Management, Homeowner, other homeowners in the Park and their respective invitees, including the clubhouse, parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, driveways and landscaped areas. 1.7.1 During the term of this Agreement, Homeowner shall have the non-exclusive right to use, in common with others entitled to such use, the Common Areas as they exist from time to time, subject to any rights, powers, and privileges reserved by Management under the terms hereof. INITIAL EACH PAGE 3 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -147-Item 14. - 32 1.7.2 Management shall have the exclusive control, management and maintenance of the Common Areas and shall have the right, from time to time, to establish, modify, amend and enforce reasonable rules and regulations with respect thereto. Homeowner agrees to abide by and conforni to all such rules and regulations. 1.7.3 Management shall have the right, from time to time to: (a) Make changes to the Common Areas; (b) Close temporarily any of the Common Areas for maintenance purposes as long as reasonable access to the Premises remains available; and (c) Use the Common Areas while engaged in making additional improvements, repairs or alterations to the Premises or any portion thereof. 1.7.4 It is the responsibility of Management to provide and maintain physical improvements in the Common Areas in good working order and condition and with respect to a sudden or unforeseeable breakdown or deterioration of these improvements, Management shall have a reasonable period of time to repair the sudden or unforeseeable breakdown or deterioration and bring the improvements into good working order and condition after Management knows or should have known of the breakdown or deterioration. A reasonable period of time to repair a sudden or unforeseeable breakdown or deterioration shall be as soon as possible in situations affecting a health or safety condition, and shall not exceed 30 days in any other case except where exigent circumstances justify a delay. 2. PREMISES 2.1 Management is the owner and operator of that certain forty-four space, ten acre mobilehome park called Oceanview Estates Mobilehome Park, which is located at 7051 Ellis Avenue, Huntington Beach, California ("Park"). Homeowner, the owner or legal possessor of a mobilehome, wishes to lease a space within the Park for the placement of his, her, or their mobilehome. Management hereby rents to Homeowner, and Homeowner accepts from Management those certain Premises commonly known as Space No. ("Space" or Premises"), which is situated within the Park. By signing this Agreement, Homeowner acknowledges having inspected the Premises, Common Areas, as well as all of the Park's services and facilities. Homeowner has found them to be safe and sanitary and as represented by Management; and to the extent that they are not precisely as represented visually, Homeowner accepts them as they are at the time this Agreement is signed. 2.2 Once the mobilehome has been secured on the Space, prior to thereafter modifying, adding or removing any existing improvements to the Space, Homeowner shall submit a dimensioned plot plan with the proposed work plan to Management for written approval prior to performing any work. INITIAL EACH PAGE 4 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -148-Item 14. - 33 2.3 Homeowner is responsible for obtaining any and all legally required permits, licenses and/or entitlements required to legally perfolin any work. The Homeowner must pay all fees, costs and/or expenses. 3. TERM 3.1 The tenancy created under this Agreement shall be for a period of twelve months, provided that the initial period shall commence on November , 2017, ("Commencement Date"), and end on September 30, 2018, unless sooner terminated as provided in this Agreement. 3.2 Homeowner acknowledges that pursuant to California Civil Code §798.17 and §798.18, Management has offered him, her, or them the option of 1) a rental agreement having a term of twelve (12) months; 2) a lesser period as the homeowner may request; or, 3) a rental agreement having a term which is longer term as mutually agreed upon by both the Homeowner and Management. 3.3 Homeowner acknowledges that he, she, or they have the right to accept any of the foregoing four (4) options as provided in California Civil Code §798.17, but that notwithstanding the foregoing, Homeowner has voluntarily elected the temi of tenancy set forth in Paragraph 3.1 hereof. 3.4 Homeowner acknowledges that he, she or they were previously tenants pursuant to the 1998 Lease that began on November 20, 1998, and terminated after twenty (20) years on November 20, 2018. This Agreement supersedes and terminates the 1998 Lease as of the Commencement Date. initial paragraph 4. RENT 4.1 Upon the Commencement Date, Homeowner shall pay rent to Management in the amount of Three Hundred Seventy-Five Dollars and Forty-Nine Cents ($375.49) per month on the first day of each month, in advance, without deduction or offset of any nature whatsoever. If the Commencement Date is other than the first day of a calendar month, Homeowner shall pay on the first day of the Term, the prorated Rent for the remainder of the calendar month in which the Term commences. Thereafter, Homeowner shall pay a full month's Rent on the first day of each calendar month. All monies payable hereunder shall be paid by check or money order to: City of Huntington Beach Attn: Ocean View Estates P.O. Box 711 Huntington Beach, CA 92648-0711 INITIAL EACH PAGE 5 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -149-Item 14. - 34 4.2 Prior to the Commencement Date, Homeowner was paying rent of Three Hundred Seventy-Five Dollars and Forty-Nine Cents ($375.49) per month pursuant to the 1998 Lease. A cost-of-living increase shall be applied to this rent effective October 1, 2018 in in accordance with the percentage increase in the Consumer Price Index published by the United States Department of Labor, Bureau of Labor Statistics, for the Los Angeles, Anaheim, Riverside area (All Items) between the date that is sixteen (16) months prior to each annual adjustment date and the date that is four (4) months prior to said annual adjustment date, with a minimum increase of three percent (3%) per year and a maximum increase of six percent (6%) per year. 4.3 Effective October 1, 2019, the rent for the Premises will increase by fifty percent (50%) a year for each year until it reaches parity with the Market Rent Leases, as described at Recitals H through K above. Commencing on the first October 1 following the annual rent increases of up to fifty percent (50%) reaching parity with the Market Rent Leases, then continuing on each October 1 of each successive year during the teim of this Agreement, or any extension or renewal thereof, the monthly rent which was in effect for the immediately preceding month ("Base Monthly Rent") shall be adjusted by a cost-of- living increase. The Base Monthly Rent payable hereunder shall be increased by no less than three percent (3%) or no more than seven percent (7%) per year, adjusted between this range only by that percentage which occurred in the Consumer Price Index (All Items, Base 1982-84= 100) as published by the United States Department of Labor, Bureau of Labor Statistics, for all consumers for the Los Angeles, Riverside, and Orange County Metropolitan Statistical Area, or whichever such indicator is commonly in use at the time for the most recent published twelve month period dated as of June 1s t , which allows Management to provide a ninety (90) day written notice to Homeowner prior to October 1St. 4.4 If the rent is not paid by the sixth day of any calendar month, Homeowner shall pay to Management a late charge of five percent (5%) of the Base Monthly Rent for each such untimely payment. If the sixth lands on a weekend date, the rent is considered late if not paid by the first working date of the week following. Homeowner hereby acknowledges that late payment to Management of rent and other sums due hereunder will cause Management to incur costs not contemplated by this Agreement, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. The parties hereby agree that such late charge represents a fair and reasonable estimate of the costs Management will incur by reason of any late payment by Homeowner. Furthermore, the acceptance of such late charge by Management shall in no event constitute a waiver of any breach of any rule, regulation or covenant of this Agreement; nor shall it reinstate, continue or extend the parties' Agreement or affect any notice, demand or suit; nor prevent Management from exercising any of the other rights and remedies granted hereunder, or by law. 4.5 A handling charge of Twenty-five Dollars ($25.00) shall be due and payable by Homeowner for any check returned by the bank due to insufficient funds in the Homeowner's account or for any other reason, and said sum shall be due and payable within five (5) days from the date such check is returned. Upon a second returned check INITIAL EACH PAGE 6 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -150-Item 14. - 35 by the bank due to any reason during the remaining term of the Agreement, a handling charge of Thirty-five Dollars ($35.00) shall be due and payable by Homeowner, and the rent shall be automatically considered as late, if returned by the bank after the sixth of the month or if Homeowner does not make the rent payment in cash or cashier's check to Management by the sixth of the month, and all conditions as set forth in Paragraph 4.3 shall apply. Furthermore, Homeowner agrees, upon a second returned check, to automatically submit payment for all future rental payments in the form of cash, money order, or cashier's check. 4.6 As additional rent ("Guest Fee"), Homeowner shall pay a fifty dollars ($50.00) per month fee for each guest who has stayed more than a total of twenty (20) consecutive days or an aggregate of thirty (30) days during any calendar year (grace period). 4.6.1 The Guest Fee shall commence the day after a guest has exceeded the grace period and shall be payable in advance on the first day of each month thereafter. Rent for any period that is for less than one month shall be a pro rata portion of the additional rent. 4.6.2 The Guest Fee shall not apply, however, if the guest is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. 4.6.3 Guest fees may be increased upon ninety (90) days prior written notice to Homeowner. 5. STORAGE LIEN Homeowner hereby agrees that the mobilehome will not be removed until all rent and other charges have been paid and that for unpaid rental and charges, Management has a lien on the mobilehome placed on the Premises. The lien rights granted Management include, but are not limited to, those granted by Section 1174 of the California Code of Civil Procedure and Sections 1980-1991 of the California Civil Code. 6. UTILITIES AND OTHER CHARGES Homeowner shall contract with and pay for gas, electricity, water and such other utilities as may be provided. Management shall not be liable for any loss or injury, and Homeowner shall not be entitled to any abatement or reduction of rent by reason of Management's failure to furnish any of the foregoing utilities when such failure is caused by accident, breakage, repairs, strikes, acts of third parties, labor disputes or by any other cause, similar or dissimilar beyond the reasonable control of Management. Homeowner shall not connect, except through existing electrical or natural gas outlets or water pipes on the Premises any apparatus or device for the purpose of using electric current, natural gas, water or other utility. INITIAL EACH PAGE 7 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -151-Item 14. - 36 7. TAXES Homeowner shall pay, prior to delinquency, directly to the assessing body or entity all municipal, county, state, federal and local property taxes on Homeowner's mobilehome and other real or personal property owned by Homeowner as well as all taxes levied upon the Premises, Homeowner or the Park in connection with the use and occupancy of the Premises by Homeowner. This also includes taxes of any nature whatsoever levied on accessory equipment and structures (including, but not limited to, awnings, skirting, storage sheds, steps and porches) and any other improvements made or installed by Homeowner, former homeowners or by persons other than Management. 8. CHANGES IN PARK RULES AND REGULATIONS, STANDARDS OF MAINTENANCE, SERVICE, EQUIPMENT OR PHYSICAL IMPROVEMENTS This Agreement and the Park Rules, other residency documents, standards of maintenance of physical improvements located therein, together with services (including utilities), equipment and physical improvements may be changed from time to time as provided by the Mobilehome Residency Law and other applicable laws. In such event, the rights granted to the Park due to any amendments, deletions or modifications of the Mobilehome Residency Law and other applicable statutes may be enforced by Management. Management may publish new standards for awnings, steps, porches, landscaping and other amenities at any time that it determines would be in the best interest of the Park and its Homeowner. These standards shall be effective and enforceable to the fullest extent consistent with the Mobilehome Residency Law and other applicable statutes. 9. USE AND OCCUPANCY 9.1 The Mobilehome and Premises shall be used solely and exclusively for private residential purposes. With an approved Home Occupancy Permit and a Huntington Beach Business License, residents may conduct a business limited to the restrictions of the Home Occupancy Permit (Huntington Beach Municipal Code Section 230.12) that are incorporated into this agreement by reference. 9.2 No persons other than Homeowner, and Homeowner's guests, subject to the provisions of Paragraph 10 of this Agreement, may reside at the Premises without prior written consent of Management. 9.3 Any act or omission which creates or substantially causes or contributes to damage, conduct or conditions offensive to the senses, or other nuisance, waste, or unreasonable annoyance to the other residents in the Park is prohibited. Homeowner shall do nothing that will cause damage to the Space or Park. Homeowner will not peunit any act or maintain or permit to be maintained any condition on the Premises or in or about the mobilehome, which may cause an increase in the rate of insurance or increase the costs of maintenance and repair or in any way increase the risk of damage to the Premises, Park or any person. INITIAL EACH PAGE 8 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -152-Item 14. - 37 9.4 Ocean View Estates Mobilehome Park is an ALL AGE MOBILEHOME PARK. 9.5 At all times during the temi hereof, or any renewal or holdover period, at least one of the persons listed on the last page of this Agreement as Homeowner must be the "legal" or "registered" owner of the mobilehome which occupies the Premises. 9.6 Homeowner is entitled to the peaceful enjoyment of the Space and all park facilities. Any equipment, persons or other such activity that may cause annoyance to other tenants must be kept in compliance with the local municipal noise ordinance. Evidence of unreasonably loud noise may be shown through statements of at least two other residents of the Park. Loud parties, intoxication, fighting, immoral conduct or children without the supervision of an adult, are prohibited. 10. GUESTS 10.1 Homeowner agrees to acquaint all guests and invitees with the conditions of his, her or their tenancy in the Park, including but not limited to the Park Rules. Homeowner is and shall be held personally responsible for all actions and conduct of his, her or their guests and is liable for any damage or injury to persons or property that is caused or contributed to by Homeowner's guests. 10.2 Management reserves the right to determine whether the Park's recreational and related facilities can accommodate all the Homeowner, Residents and their guests, and by reason thereof, it may refuse any guest access to the facilities, if necessary. 10.3 Guests who stay a total of twenty (20) consecutive days or a total of thirty (30) days in a calendar year must register with Management and, in addition, Homeowner will be charged a Guest Fee in the amount set forth in paragraph 4.5 above. However, no such charge will be imposed if the guest is a member of Homeowner's immediate family as defined in the Mobilehome Residency Law. Further, each guest must complete an application for tenancy, be approved by Management and sign all other residency documents before being permitted to become a Resident of the Park or reside with the Resident for a period greater than the grace period referred to hereinabove. 11. MAINTENANCE Homeowner shall maintain the Premises, and mobilehome in a clean, attractive and well- kept fashion. Homeowner may have storage cabinets to store furniture, trashcans, etc. subject to the limitations set forth in the Mobilehome Residency Law. If a Homeowner has an item that cannot be adequately stored in the storage cabinet, it must be removed from the Park. Additionally, Homeowner is expressly prohibited from storing anything, other than wheels, tires, and hitches, under the mobilehome. 11.2 Homeowner is required to landscape the Premises, and once landscaped, to maintain the landscaping in a clean, attractive and well-kept fashion. The installation of any trees or any concrete, masonry, ground cover (including rock, wood-chips, bark, etc.), awnings, or INITIAL EACH PAGE 9 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -153-Item 14. - 38 wood structure shall be approved in writing by Management. Homeowner shall check with Management before digging or driving rods or stakes in the ground, as damage may occur to underground wiring, utility wire or plumbing. Homeowner shall bear the cost of repairs to any utilities damaged by Homeowner. All landscaping improvements shall at once become a part of the realty and belong to Management and shall remain upon and be surrendered with the Premises. 11.3 Management expressly prohibits the use of any furniture on the patio, porch, or yard of the Premises unless it is outdoor patio furniture approved by Management. No overstuffed furniture, ironing boards, brooms, mops, or other household equipment are allowed to be stored outside the mobilehome or outside a storage shed. 11.4 In the event Homeowner fails to repair or maintain the Premises, including by not limited to the Mobilehome, accessory structures, surrounding area, equipment and landscaping. Management shall have the right to enter the Premises and perform such repair or maintenance as may be required and to charge Homeowner for doing so. Management shall not engage in such action, however, until such time as it gives written notice to Homeowner stating the specific condition to be corrected and that Management will perfoini the maintenance if the Homeowner does not do so within fourteen (14) days. The notice shall also contain an estimate of the charges to be imposed in the event of non- compliance by the Homeowner. Homeowner shall pay the cost to Management for performing the repair or maintenance within thirty (30) days from the date of Management's written invoice. 11.5 Homeowner is financially responsible to Management for correcting any drainage problems, or for any releveling or adjustment required on the mobilehome, or for the repair or replacement of any other improvements which result from drainage problems, soil expansion or contraction, tree roots, and/or any other reason. Homeowner shall not leave hoses or sprinklers running so that water runs in the street or onto a neighbor's property. Homeowner shall be responsible for correcting any drainage problems that existed on Homeowner's Space at the time Homeowner purchased the mobilehome or which Homeowner caused. 11.6 No flammable, combustible, or explosive fluid, material, chemical or substance, except those used for normal household purposes, may be stored on the Premises Nothing which creates a hazard on increases the Management's insurance rates shall be permitted on the Premises. No environmentally hazardous or prohibited substance or material may be placed in the trash or sewer system or dumped or otherwise disposed of in the Park. 12. PETS Homeowner may keep one pet subject to the Park Rules. Homeowner may be required to execute a Pet Agreement that will be incorporated herein by reference. Management reserves the right to require pets to be removed by the Homeowner if the Homeowner does not comply with the referenced Park Rules, City Municipal Code, and County Ordinances. Guests are prohibited from bringing pets into the Park. Each pet must be licensed and inoculated in accordance with INITIAL EACH PAGE 10 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -154-Item 14. - 39 applicable laws. Upon Management's request, Homeowner shall submit evidence of such licensure and inoculation to Management within seven (7) days of the request. 13. ENTRY UPON SPACE Management shall have the right of entry upon the Premises to maintain the utilities, the Premises itself, the surrounding area or for the protection of the Park at any reasonable time, but not in a manner or at a time which would interfere with the Homeowner's quiet enjoyment. Management may enter a mobilehome without prior written consent of the Homeowner in the case of an emergency or when the Homeowner has abandoned the mobilehome. 14. ACCESSORY EQUIPMENT AND STRUCTURES The Homeowner shall submit to Management in writing a request and receive from Management an approval before construction or installation of any mobilehome accessory. Accessory includes but is not limited to storage facilities, awnings, covers, cabanas, etc. It is the Homeowner's responsibility to obtain a building permit for any such structure from the appropriate governmental agency. The Management reserves the right to reject any and all such requests for additional structures outside the mobilehome and, further, to require Homeowner to remove any such structure from the Premises within fourteen (14) days from Management's written notice. 15. VEHICLES 15.1 No inoperable, unlicensed, unusable or unsightly vehicles will be allowed anywhere with the boundaries of the Park, including in the storage areas. Any vehicles not meeting this standard shall be removed from the Park at Homeowner expense. The foregoing includes, but is not limited to, "junkers" or other vehicles whose exterior appearance has deteriorated to a point where they are unsightly and detract from the appearance of the Park or vehicles which contain unsightly loads that are visible to other persons. Any car dripping oil or gasoline must be kept out of the Park until repaired to prevent damage to the pavement. A drip pan may be used if cleaned regularly. Cat litter sprinkled in carports is prohibited. Excessively noisy vehicles are not permitted in the Park. All vehicles must have legal muffling devices. Management has the right to refuse admittance to the Park of any vehicle that does not comply with Section 15. 15.2 No maintenance, repair or other work of any kind on any vehicle, boat or trailer (other than the mobilehome in which the Homeowner resides) may be done on the Space without Management's consent. 15.3 No vehicle may be driven in an unsafe manner. All traffic control signs shall be obeyed. Pedestrians and bicycles shall be granted the right of way. Vehicles operated in the Park must be properly licensed. Any person not properly licensed may not operate a vehicle within the park. INITIAL EACH PAGE 11 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -155-Item 14. - 40 15.4 Bicycles may only be driven on the roadways and not on sidewalks, common area greenbelts and other common areas planted with grass and other landscaping, vacant spaces or any other paved area. Bicycles must obey the same traffic regulations as cars. 15.5 Motorcycles, motorscooters and other 2- and 3-wheeled motorized vehicles may only be ridden in and out of the Park on the designated roads by the most direct route between the Park's entrance and Homeowner's mobilehome. 16. PARKING Vehicles must be parked within Homeowner's space or within the common areas designated for parking; no parking in the street is allowed. No commercial vehicle or equipment shall be parked overnight in the common parking areas without Park Management approval. Resident parking is not permitted on landscaped or other areas of the Space or on empty spaces. Sleeping in vehicles is not permitted. No vehicle may be "stored" on the Homeowner's space. "Storage" includes, without limitation, the parking of an inoperable vehicle for a period exceeding two weeks or the parking of a vehicle for the purpose of selling it as part of a commercial activity. Except to load and unload, motor homes, buses, trucks, bubble top vans, campers, and other similar vehicles may not be parked on Homeowner's space unless they can fit under Homeowner's carport awning and they are used for transportation on a daily basis. No recreational vehicles or other such similar vehicles as listed above, without limitation, may be parked or otherwise stored in any common area contained within the Park. Vehicles parked in violation of this paragraph are subject to being towed at the vehicle owner's expense. 17. GARBAGE AND TRASH DISPOSAL All garbage must be wrapped and, with other refuse, must be place in the proper containers provided therefore. Sanitary and health laws must be obeyed at all times. Private arrangements must be made by the Homeowner for proper disposal of large, bulky items directly with the disposal company. Any costs associated with this service, if any, are to be paid by Homeowner. 18. SALE OF MOBILEHOME 18.1 Homeowner may sell the Mobilehome on the Premises at any time in accordance with the Mobilehome Residency Law and other applicable laws. Any additional rights granted Homeowner or Management due to amendments, deletions or modifications of the Mobilehome Residency Law and other applicable laws may be enforced by Management or by Homeowner. Notwithstanding the foregoing, however, Homeowner must give Management advance written notice of its intent to sell any Mobilehome. Management may, in order to upgrade the quality of the Park, require the removal of mobilehomes from the Spaces upon their sale or transfer to a third party. If the prospective buyer of the Mobilehome intends for the Mobilehome to remain the Park, said buyer must do the following before occupying the Mobilehome: (1) complete an application for tenancy; (2) be accepted by Management; (3) execute a lease agreement and any other agreement for the occupancy of the Premises that Management may reasonable require; (4) execute and deliver to Management a copy of the Park's then effective Park Rules as well as other INITIAL EACH PAGE 12 of 26 SFF/I7-5881/165617:Driftwood Space Rental HB -156-Item 14. - 41 residency documents; and (5) establish to Management's reasonable satisfaction that it has the financial ability to pay the rent and other charges of the Park and can comply with the rules and regulations. Within fifteen (15) business days of receiving all the information requested by Management, it shall notify Homeowner and buyer of either acceptance or rejection of the application and the reason(s) if rejected. If the Purchaser fails to execute the Park's Lease Agreement, said Purchaser shall have NO RIGHTS OF TENANCY. The lease agreement, Park Rules and other residency documents signed by the new Homeowner may be different in their terms and provisions from this Agreement as well as the Park Rules and other residency documents now in effect. Homeowner specifically acknowledges that the buyer shall be charged a beginning monthly amount for rent that may be greater than the rent Homeowner is then paying. The foregoing provisions shall apply to any transfer of the Mobilehome by Homeowner, whether voluntary or involuntary. 18.2 Homeowner may place a sign in the window of the mobilehome or on the side of the mobilehome facing the street or in the part of the mobilehome facing the street stating that the mobilehome is for sale or exchange. Such sign shall be no larger than twenty-four (24) inches in width and thirty-six (36) inches in length and shall state only the name, address and telephone number of the Owner of the niobilehome or his or her agent and must be pre- approved in writing by Management before it is placed on display. All other signs are expressly prohibited. 19. MOBILEHOME REGISTRATION AND LICENSE All mobilehomes must be licensed as required by law. Homeowners must annually provide to Park Management a copy of the mobilehome's Certificate of Registration. 20. NON-RESPONSIBILITY OF PARK Management is not responsible to inspect and approve any work done by Homeowner or its assigns, including, but not limited to, the installation of the mobilehome, driveway, walkways, fences or any other equipment or improvements of any type. To the extent that Management may inspect or approve various issues, it is solely for Management's own purpose and Homeowner is not entitled to rely on that inspection or approval to ensure that the item has installed or constructed correctly or that the work has otherwise been done as required. Instead, Homeowner is responsible for all required inspections and approvals and Homeowner agrees to indemnify and hold Management harmless from any work that is completed within the Premises. 21. NO WARRANTIES Management is not agreeing to provide a Park that provides other than housing opportunities. Management is not warranting or representing that Homeowner's mobilehome will appreciate in value. INITIAL EACH PAGE 13 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -157-Item 14. - 42 22. STATUTE OF LIMITATIONS Homeowner agrees that any claim against Management, or any claim Management may have against Homeowner must be filed within one year from the first date of the occurrence, event, accident or condition or the date same should have been known. If any claim is not filed within one (1) year from such date, it shall be forever barred and extinguished. Homeowner is encouraged to consult an attorney about the meaning and effect of this provision. Please initial here to confirm the foregoing notice: Homeowner's Initials: 23. PARK CLOSURE; LIMITATION OF RIGHTS Homeowner is put on formal notice that Ocean View Estates Mobilehome Park ("Park" or "OVE") will close no later than September 30, 2024 ("Closure Date"). Homeowner hereby acknowledges that he or she has not relied upon any belief or representation that the value of mobilehomes in the Park will increase or decline prior to the termination of his/her tenancy. Homeowner hereby represents and acknowledges that he or she has no expectation as to the "in place value" or "in park value" of his or her rnobilehome which is to be located on the Premises. It is mutually agreed that this Agreement shall act as and shall be considered as the eighteen (18) month Notice of Change of Use of Ocean View Estates Mobilehome Park which is to take place no later than September 30, 2024 and that, on said date, upon proper notice by Management to Homeowner, the Park will convert to use as a public park. It is mutually agreed that this Agreement shall be considered to be and shall act as the six (6) month Notice of Change of Use and any other notices of change of use that might otherwise be required by then-applicable federal, state, or local law. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives the right to receive further notice that his or her tenancy at OVE shall not extend beyond the Closure Date. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to receive any relocation benefit when OVE closes except as may be expressly provided herein. Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to object to the closure of OVE and agrees to vacate the Premises upon receipt of a sixty (60) day Notice of Termination of Tenancy prior to the Closure Date. Homeowner agrees to give notice to subsequent purchasers of his or her mobilehome on the Premises of this status and the requirements placed upon such buyer pursuant to this Agreement. 24. EASEMENTS Management reserves to itself the right, from time to time, to grant such easements, rights and dedications that Management deems necessary or desirable, and to cause the recordation of parcel maps and restrictions, so long as such easements, rights, dedications, maps and restrictions do not unreasonably interfere with the use of the Premises by Homeowner. Homeowner shall sign any of the aforementioned documents upon request of Management and failure to do so shall constitute a INITIAL EACH PAGE 14 of 26 SFF/I 7-5881/165617:Driftwood Space Rental HB -158-Item 14. - 43 material default of this Agreement by Homeowner without the need for further notice to Homeowner. 25. INDEMNIFICATION, DEFENSE, HOLD HARMLESS Homeowner hereby agrees to protect, defend, indemnify and hold harmless Management, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all, claims, damages, losses, expenses, judgments, demands defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to Homeowner's agents, employees, licensees or invitees and damage to Homeowner's property, arising directly or indirectly out of any activities or omission of Homeowner or her agents, employees, licensees or invitees, caused in whole or in part by any negligent act or omission of Homeowner or her agents, employees, licensees or invitees, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of Management. Homeowner will conduct all defense at her sole cost and expense and Management shall approve selection of Homeowner's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Homeowner. 26. INSURANCE Management does not carry public liability or property damage insurance to compensate or cover Homeowner, Residents or Guests or any other person from any loss, damage or injury of any nature whatsoever except those resulting from actions where Management would be legally liable for such loss, damage or injury. Homeowner is responsible for obtaining, at Homeowner's own cost and expense, extended coverage for homeowners, fire, liability, property and other casualty insurance on the Mobilehome, the items located in the storage area, other improvements and contents wherever located to the full insurable value as well as such other insurance as may be necessary to protect Homeowner, Residents, Guests or others from any other type of loss or liability. Homeowner shall provide to Management a copy of all insurance certifications as proof of such coverage. Homeowner shall be required to provide insurance to the limits as specified by the Risk Management Department of Management; such limits will be provided to Homeowner prior to entry into the Park. 27. ASSIGNMENT AND SUBLEASING For purposes of this Agreement assignment and subletting includes, but is not limited to, any of the following: subletting, assigning, leasing, renting or otherwise allowing any person other than Homeowner to occupy the Premises for a fee or other consideration, regardless of the time period. Any such assignment or subleasing is prohibited, except as allowed pursuant to the Mobilehome Residency Law, attached hereto as Exhibit "A." INITIAL EACH PAGE 15 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -159-Item 14. - 44 28. COMPLAINTS All Homeowner complaints, except emergencies, must be presented to Management in writing during nonnal business hours. 29. TERMINATION OF TENANCY BY MANAGEMENT 29.1 The occurrence of any one or more of the following events shall constitute a material default and breach of this Agreement by Homeowner: (a) The vacating or abandonment of the Premises by Homeowner; (b) The failure by Homeowner to make any payment of rent or any other payment required to be made by Homeowner hereunder as and when due, where such failure shall continue for a period of three (3) days after written notice thereof from Management to Homeowner. In the event that Management serves Homeowner with a Notice to Pay Rent or Quit pursuant to applicable unlawful detainer statutes or the Mobilehome Residency Law, such Notice to Pay Rent or Quit shall also constitute the notice required by this subparagraph. (c) The failure by Homeowner to observe or perfoiln any of the covenants, conditions or provisions of this Agreement to be observed or performed by Homeowner, other than described in Paragraph (b) above, where such failure shall continue for the respective period of time described more particularly hereinabove following delivery of written notice of said failure to Homeowner. (d) The making by Homeowner of any general arrangement or assignment for the benefit of creditors or seeking protection under and pursuant to the United States Bankruptcy Act. (e) The discovery by Management that any financial statement given to it by Homeowner, any assignee of Homeowner, any sub homeowner of Homeowner, any successor in interest of Homeowner or any guarantor of Homeowner's obligation hereunder, or any of them, was materially false. (0 Failure of the Homeowner to comply with a local ordinance or state law or regulation relating to mobilehomes within a reasonable time after Homeowner receives a notice of noncompliance from the appropriate governmental agency. (g) Conduct by the Homeowner upon the Park premises, which constitutes a substantial annoyance to other Homeowners. (h) Failure of the Homeowner to comply with a reasonable rule or regulation of the Park following the giving of appropriate notice. INITIAL EACH PAGE 16 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -160-Item 14. - 45 29.2 In the event of any such material default or breach by Homeowner, Management may at any time thereafter, with or without notice or demand and without limiting Management in the exercise of any right or remedy which it may have by reason of such default or breach: (a) Terminate Homeowner's right to the possession of the Premises by any lawful means, in which case this Agreement shall terminate and Homeowner shall immediately surrender possession of the Premises to Management. In such event, Management shall be entitled to recover from Homeowner all damages incurred by Management by reason of Homeowner's default including, but not limited to the cost of recovering possession of the Premises; expenses of reletting, including necessary renovation and alteration of the Premises; reasonable attorney's fees; and any real estate commission actually paid. (b) Maintain Homeowner's right to possession in which case this Agreement shall continue in effect whether or not Homeowner shall have abandoned the Premises. In such event, Management shall be entitled to enforce all of its rights and remedies under this Agreement, including the right to recover the rent as it becomes due hereunder. (c) Pursue any other remedy now or hereafter available to Management under the laws or judicial decisions of the State of California, including but not limited to Section 1951.2 of the Civil Code. Unpaid installments of rent and other monetary obligations of Homeowner under the terms of this Agreement shall bear interest from the date at the maximum rate then allowable by law. 29.3 In the event Homeowner remains in possession of the Premises after its tenancy has been terminated, it shall pay to Management an amount equal to the rental charges Homeowner was paying at the time of termination, or the fair market rental value of the Premises as determined by Management, whichever is greater. Acceptance of any money by Management pursuant to this provision shall not be construed as a reinstatement of Homeowner's tenancy or a waiver of any right that Management may have to collect additional damages from Homeowner pursuant to Civil Code, Section 1951.2, which sets forth the remedies which are available to a landlord when the Homeowner breaches a lease. Additionally, Management reserves the right to pursue any other remedy now or hereafter available to it under the laws or judicial decisions of the State of California. 30. TERMINATION BY HOMEOWNER Homeowner occupying the Premises may elect to terminate this Agreement on sixty (60) days written notice to such effect to Management if any of the following events occur: (a) All persons occupying the Premises rented to Homeowner pursuant to this Agreement terminate their tenancy as to said Premises and remove their mobilehome from the Park. In such instance, the Premises shall revert to INITIAL EACH PAGE 17 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -161-Item 14. - 46 Management's control and it may lease or rent the Premises to any other party on any terms it may choose. (b) All persons occupying the Premises rented to the Homeowner under this Agreement terminate their tenancy as to the Premises and sell their mobilehome to another party who has been approved by Management for tenancy in the Park in accordance with the terms set forth in the paragraph entitled "SALE OF MOBILEHOME." In such event, this Agreement may, at Management's option, be assigned or transferred to the other party in accordance with the terms of this Agreement. 31. TERMINATION UPON DEATH This Agreement shall terminate upon the death of the last Homeowner identified as a party to and signatory of this Agreement. In the event the heir, joint tenant, or personal representative of the estate desires to establish a tenancy in the park, that individual shall comply with those provisions of Article 7, Mobilehome Residency Law, which identify the requirements for a prospective purchaser of a mobilehome that remains in the park. 32. HOLD-OVER TENANCY If Homeowner remains in possession of the Premises after the expiration of the teirn of this Agreement, and has not executed a new occupancy agreement with respect thereto that Management has received and approved prior to the aforementioned expiration, said possession by Homeowner shall be deemed a month-to-month tenancy and Management may terminate or refuse to renew Homeowner's tenancy in accordance with the paragraph in this Agreement entitled "TERMINATION OF TENANCY BY MANAGEMENT." Notwithstanding any contrary provision in paragraph 29 hereof, Management may, upon ninety (90) days notice, increase the monthly rent and other fees of the park, without limitation, charged to the Homeowner who is holding over. 33. HEADINGS The titles of the paragraphs or subparagraphs contained herein are inserted solely for convenience and under no circumstances are they or any of them to be treated or construed as part of this Agreement. 34. TIME OF ESSENCE Time is of the essence with respect to the performance of every provision of this Agreement. 35. COMPLIANCE WITH LAW Homeowner shall at Homeowner's own cost and expense comply with all statutes, ordinances, regulations, and requirements of all governmental entities, both federal and state and county or municipal, relating to Homeowner's use and occupancy of said Premises whether such statutes, INITIAL EACH PAGE 18 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -162-Item 14. - 47 ordinances, regulations, and requirements be now in force or hereinafter enacted. The judgment of any court of competent jurisdiction, or the admission by Homeowner in a proceeding brought against Homeowner by any government entity, that Homeowner has violated any such statute, ordinance, regulation or requirement shall be conclusive as between Management and Homeowner and shall be ground for termination of this agreement by Management. 36. INVALIDITY OF PROVISIONS 36.1 If any term or provision of this Agreement or any document referred to in this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement or the other document or the application of such term or provision to persons or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby and each teun and provision of this Agreement or other document the application of such term or provision shall be valid and be enforced to the fullest extent permitted by law. 36.2 Certain terms and provisions of this Agreement and other documents referred to therein relate to, restate, or summarize provisions of the Mobilehome Residency Law and other applicable statutes. In every instance, it is intended that these references, restatements, and summaries will accurately reflect the law and correctly set forth Homeowner's and Management's rights, liabilities, duties and obligations to one another and to other persons. The same is true of all of the other provisions of this Agreement and the other documents utilized by Management. If any provisions of this Agreement or the other documents used by Management fail in any way to meet the above criteria, then it is unintentional and all such provisions shall be deemed to be automatically revised to correctly reflect Homeowner's and Management's rights, liabilities, duties, responsibilities, and obligations under the provisions of the Mobilehome Residency Law and other applicable statutes, Homeowner agrees to promptly notify Management, in writing of any instance where Homeowner believes that any of the provisions of this Agreement or other documents utilized by Management fail to meet the above criteria. 37. WAIVER OF DEFAULT 37.1 No delay or omission in the exercise of any right or remedy by Management regarding any default by Homeowner hereunder shall impair any such right or remedy or be construed as a waiver. No waiver by Management of its right to enforce any provision hereof after any default on the part of Homeowner shall be effective unless made in writing and signed by Management nor shall it be deemed a waiver of Management's right to enforce each and all of the provisions hereof upon any further or other default on the part of Homeowner. The acceptance of rent hereunder shall not be a waiver of any preceding breach by Homeowner of any provision hereof, regardless of Management's knowledge of such preceding breach at the time of acceptance of such rent. 37.2 Acceptance of rent after service of a notice to terminate tenancy as specified in Civil Code section 798.57 shall not waive, stop, affect or prejudice the notice, the suit, action or legal proceeding in any way, such acceptance being inadmissible on liability issues. Nor shall INITIAL EACH PAGE 19 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -163-Item 14. - 48 routine service of other notices, management communications, or other actions or omissions of the Management waive, prejudice, or affect the right to terminate tenancy, process a purchaser application and approve a tenant for tenancy, or otherwise affect the rights of Management. Possession of rent by Management shall not be acceptance until actually approved by the park owner; accordingly, the receipt by or the tender of payment to the resident park manager shall be conditional and for custody purposes only until approved and accepted by the park owner. 38. ABANDONMENT During the tem' of this Agreement or any period of holding over, Homeowner shall not abandon the Premises or the mobilehome located thereon. In the event Homeowner does abandon either the Premises or his or her mobilehome, such action shall be deemed to be Homeowner's election to terminate this Agreement and Management shall have the rights afforded to it under California law to dispose of Homeowner's mobilehome and personal property located in, on and about the Premises and within the Park. 39. ATTORNEY'S FEES In the event suit is brought by either party to declare, interpret or enforce the terms and provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees. 40. LIMITATION ON LESSEES' RIGHTS LESSEE acknowledges that OVE has been constructed and is being provided solely for the purpose of providing temporary mobilehome housing for certain mobilehome owners displaced by the redevelopment of the property on which Driftwood was located. Management does not transfer any rights to Homeowner to occupy the Premises beyond the term set forth in this Agreement. In this regard: i. Homeowner hereby agrees that he or she has no right to possess or own the Premises except as a tenant of a mobilehome park and said rights shall cease automatically upon the expiration or earlier termination of this Agreement; (ii) Homeowner hereby represents and acknowledges that he or she has no expectation as to the "in place value" or "in park value" of his or her mobilehome which is to be located on, the Premises; (iii) Homeowner hereby acknowledges that he or she has not relied upon any belief or representation that the value of mobilehomes in OVE will inflate or decline prior to the termination of his/her possessory rights thereto; INITIAL EACH PAGE 20 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -164-Item 14. - 49 (iv) It is mutually agreed that this Agreement shall act as and shall be considered as the eighteen (18) month Notice of Change of Use of OVE which is to take place at the end of the term of this Agreement and that, on said date, upon proper notice by Management to Homeowner, OVE will convert to use as a public park; (v) It is mutually agreed that this Agreement shall be considered to be and shall act as the six (6) month Notice of Change of Use and any other notices of change of use that might otherwise be required by then-applicable federal, state, or local law; (vi) Homeowner, on his or her own behalf, and on behalf of each of his or her respective heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives the right to receive further notice that his or her tenancy at OVE shall be terminated as of the date this Agreement expires (or terminates); (vii) It is further agreed that the construction and maintenance of OVE is part of a Relocation Assistance Plan and Relocation Agreement that have been prepared and negotiated pursuant to a Conversion Impact Report on OVE and former Article 927 of the City of Huntington Beach Zoning Code (as adopted by Ordinance No. 2563); that the Conversion Impact Report, Relocation Assistance Plan, and Relocation Agreement also apply to the conversion of OVE to public use which will take place upon the expiration (or earlier termination) of this Agreement; and that Homeowner, on his or her behalf and on behalf of his or her heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all right, past, present, and future, to demand or require any additional Conversion Impact Report and/or Relocation Assistance Plan as to OVE; (viii) Homeowner, on his or her own behalf and on behalf of his or her heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to receive any relocation benefit when OVE closes except as may be expressly provided herein; (ix) Homeowner, on his or her own behalf and on behalf of his or her heirs, personal representatives, executors, administrators, successors, and assigns, hereby waives, releases, and relinquishes any and all rights to object to the close of OVE after the expiration or termination date of this Agreement and agrees to • vacate the Premises upon receipt of a sixty (60) day Notice of Tennination of Tenancy; and (x) Homeowner agrees to give notice to subsequent purchasers of his or her mobilehome on the Premises of this status and the requirements placed upon such buyer pursuant to this Agreement. INITIAL EACH PAGE 21 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -165-Item 14. - 50 By: APPROVED AS TO FORM City Attorney 41. ENTIRE AGREEMENT This Agreement and the Exhibits referred to herein constitute the entire Agreement between Homeowner and Management pertaining to the subject matter contained herein, and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties whether oral or written. IN WITNESS WHEREOF, Management and Homeowner have executed this Agreement by and through their authorized officers on , 20 HOMEOWNER: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California By By: Attachments Exhibit A Exhibit B Exhibits C and D Exhibit E Mobilehome Residency Law of the State of California-2017 Rules and Regulations of the Park, as of December 8, 2005 A Description of Physical Improvements to Home Site, and Services and Fees Mobilehome Park Rental Agreement Disclosure Form INITIAL EACH PAGE 22 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -166-Item 14. - 51 EXHIBIT A MOBILEHOME RESIDENCY LAW OF THE STATE OF CALIFORNIA Go to http ://-www. hcd. c a. gov/manufactured-mobile-home/mobile-home- ombudsman/docs/Mobi lehome-Resi dency-Law-2017. pdf INITIAL EACH PAGE 23 of 26 SFF/17-588 I/I 65617:Driftwood Space Rental HB -167-Item 14. - 52 EXHIBIT B RULES AND REGULATIONS OF THE PARK INITIAL EACH PAGE 24 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -168-Item 14. - 53 Exhibit B Ocean View Estates Mobile Home Park 7051 Ellis Avenue Huntington Beach, CA 92648 MOBILE HOME PARK RULES AND REGULATIONS 1. Residents shall maintain their lots and mobile homes. Lots are to be kept neat and orderly, maintaining the landscaping to include mowing of grass, trimming of trees/bushes, and the elimination of weeds within the lot. No furniture is permitted on the patio or porch or in the yard except outdoor patio furniture. No overstuffed furniture, ironing boards, brooms, mops, major appliances, etc., is allowed outside mobile home unless in an approved storage cabinet, No storage is permitted under a mobile home. If the lot is not properly cared for, the Park may have work performed and make appropriate charges. The mobile home exterior (including awnings and sheds) must be well maintained including painting and proper repair when needed. • 2. No loud talking r radio, television, or other noise between 10:00 PM and 8:00 AM or disturbing noises at any time or any place. 3. Speed limit is 10 MPH on the premises. 4. Resident's automobiles shall be parked in their driveways. Parking of more than two vehicles on a regular basis requires special arrangements with the management Streets (designated fire lanes) and must be kept clear. Other designated parking areas within the park are for guest parking or temporary residential parking. Regarding the additional parking area, located on the main entry road, overnight parking is prohibited. 5. Recreational vehicles (RV's and Campers) shall not be stored within the park. Recreational vehicles are allowed for the purposes of loading and unloading only. Inoperable vehicles are prohibited throughout the park. 6, Minors (under 18 years of age) are not permitted in the Clubhouse area unless accompanied by an adult. Adult supervision is necessary for children under the age of 12 years for activities in other common areas. 7. The drying of laundry visible from the streets and common areas is prohibited, 8, No "FOR SALE" signs or advertising shall be posted for commercial purposes anywhere within the park. A "For Sale" sign may be posted for the following purposes: 1) selling their personal vehicle located within their driveway, and 2) selling the mobile home in place with notification to Park Management. 9. Each homeowner is limited to one pet with prior approval from -management by completing a "Pet Agreement". All pet owners are responsible for their animal's behavior. Dogs must be kept on a leash in all common areas. Residents shall not feed stray animals within the park nor leave food outdoors that will encourage animals to come into the park. 10. All mobile home cabanas, porches, skirting, ramadas, awnings, storage cabinets, fences, windbreaks, or other structures must be approved by the management before construction or installation. 11, If at any time it is necessary to call the Police or any other enforcement agency, advise management of such action as soon as possible. VIIIPiallirVIPNwarNalr nalr\d0P HB -169-Item 14. - 54 WI114.1 .00•16,',40,111 41111b. 12. Management reserves the right to restrict the use of the common areas or ay' 11::Ir facility as to hours, purposes and conduct. Scheduling of events offered fc . residents, or any group thereof, must be first approved by management (See Clubhouse Rules and reservation policies for private events.) 13_ Residents entertaining visitors or guests at the park shall be responsible fo47 - conduct while on the park premises, and shall be responsible for any charges incurred by the visitors or guests. 14. All visitors or guests who remain more than seven consecutive days must be registered with the park management, 15. A vehicle washing and maintenance may only be conducted within the homeowner's driveway. Residents must avoid grease dripping onto any surface areas, Major vehicle maintenance is prohibited (examples are rebuilding an engine), Excessive running water needs to be limited to avoid possible damage to neighbor's landscaping or property. 16. Residents shall deposit all garbage and trash in the receptacles provided. Residents must be make special pick-up arrangements with Rainbow Disposal for large Items that will not fit into the receptacles. At no time shall furniture and other bulky items be placed within, adjacent to, or outside of the trash enclosures 17. Management may require the removal of any mobile home that is unoccupied for more than 120 consecutive days without good reason and written approval of the management. 18. Park Management reserves the right to amend, revise and add to the park rules and regulations from time to time in accordance with the Mobile home Residency Law. • The park rules and regulations are incorporated into the lease or rental agreement by reference. Approved by City Council, December 8; 2006 o HB -170-Item 14. - 55 EXHIBITS C AND D A DESCRIPTION OF THE PHYSICAL IMPROVEMENTS TO PREMISES, AND SERVICES TO BE PROVIDED AND FEES TO BE CHARGED FOR SERVICES INITIAL EACH PAGE 25 of 26 SFF/17-58811165617:Driftwood Space Rental HB -171-Item 14. - 56 eft.........6.,ewb, 1 i i 1 1 1 I I 1 Ocean View Estates Mobile Home Park mm*6 ime*Ir.' 7051 Ellis Aven lie • Huntington Beach, CA 92648 ._... ___. ... Exhibit C Improvements Each mobile home site will be provided with a driveway, utility hookups, and fencing separating the premises from other mobile home sites and/or the common areas. Exhibit D I a Services & Fees There are no additional services provided to the Ocean View Estates residents that cause fee for services. If a resident desires to have a copy of the Clubhouse key, then the resident will sign a key agreement saying that if the key is lost a replacement cost of $25 will be charged. ] HB -172-Item 14. - 57 EXHIBIT E MOBILEHOME PARK RENTAL AGREEMENT DISCLOSURE FORM INITIAL EACH PAGE 26 of 26 SFF/17-5881/165617:Driftwood Space Rental HB -173-Item 14. - 58 Mobilehome Park Rental Agreement Disclosure Form THIS DISCLOSURE STATEMENT CONCERNS THE MOBILEHOME PARK KNOWN AS OCEAN VIEW ESTATES (OVE) LOCATED AT 7051 ELLIS AVENUE, HUNTINGTON BEACH, CALIFORNIA, 92647 IN THE CITY OF HUNTINGTON BEACH COUNTY OF ORANGE STATE OF CALIFORNIA. THIS STATEMENT IS A DISCLOSURE OF THE CONDITION OF THE PARK AND PARK COMMON AREAS AS OF (date) April 1, 2007 IN COMPLIANCE WITH SECTION 798.75.5 OF THE CIVIL CODE. IT IS NOT A WARRANTY OF ANY KIND BY THE MOBILEHOME PARK OWNER OR PARK MANAGEMENT AND IS NOT A SUBSTITUTE FOR ANY INSPECTION BY THE PROSPECTIVE HOMEOWNER/ LESSEE OF THE SPACE TO BE RENTED OR LEASED OR OF THE PARK, INCLUDING ALL COMMON AREAS REFERENCED IN THIS STATEMENT. THIS STATEMENT DOES NOT CREATE ANY NEW DUTY OR NEW LIABILITY ON THE PART OF THE MOBILEHOME PARK OWNER OR MOBILEHOME PARK MANAGEMENT OR AFFECT ANY DUTIES THAT MAY HAVE EXISTED PRIOR TO THE ENACTMENT OF SECTION 798.75.5 OF THE CIVIL CODE, OTHER THAN THE DUTY TO DISCLOSE THE INFORMATION REQUIRED BY THE STATEMENT. Are you (the mobilehome park owner/mobilehotne park manager) aware of any of the following: A. Park or common area facilities B. Does the park contain this facility? C. Is the facility in operation? D. Does the facility have any known substantial defects? E. Are there any uncorrected park citations or notices of abatement relating to the facilities issued by a public agency? F. Is there any substantial, uncorrected damage to the facility from fire, flood, earthquake, or landslides? G. Are there any pending lawsuits by or against the park affecting the facilities or alleging defects in the facilities? H. Is there any encroachment, easement, non- conforming use, or violation of setback requirements regarding this park common area facility? Yes No Yes No Yes No Yes No Yes No Yes No Yes No Clubhouse X X X X X X X Walkways X X X X X X X Streets, roads and access X X X X X X X Electric utility system X X X X X X X Water utility system X X X X X X X Gas utility System X X X X X X X Common area lighting system X X X X X X X Septic or sewer system X X X X X X X Playground X X X X X RV storage X X X X X Parking areas X X X X X X Swimming pool X X X X X Spa pool X X X X X Laundry X X X X X Other common area facilities* X X X X X X X *If there are other important park or common area facilities, please specify (attach additional sheets if necessary): If any item in C is checked "no", or any item in D, E, F, 0, or H is checked "yes ', please explain (attach additional sheets if necessary): In addition to the above, the Prospective Buyer is informed that OVE will close no later than March 31, 2019 ("Closure Date"). The Prospective Buyer acknowledges that that he or she has not relied upon any belief or representation that the value of the mobilehome in the Park will increase or decline prior to the termination of his/her tenancy. Homeowner represents and acknowledges that he/she has no expectation as to the "in place value" or in park value" of his/her mobilehome which is to be located on the premises. It is agreed that this shall act as and shall be considered the eighteen (18) month Notice of Change of Use of OVE which is to take place no later than March 31, 2019 and that, on said date, Park will convert to use as a public park. The Prospective Buyer agrees that he/she is not entitled to any relocation benefits upon such park closure. The mobilehome park owner/park manager states that the information herein has been delivered to the prospective homeowner/ lessee a minimum of three days prior to execution of a rental agreement and is true and correct to the best of the park owner/park manager's knowledge as of the date signed by the park owner/manager. Park Owner/Manager: By: Date: print name signature I/WE ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THE PARK OWNER/MANAGER STATEMENT. Prospective Homeowner(s): Lessee Lessee Park Owner/Manager (Added by SB 534 (Dunn), Ch. 517 (1999), eft: 1/1/2000) Date: Date: Date: HB -174-Item 14. - 59 Dept. ID PW 17-061 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project along Magnolia Street. This agreement clarifies the roles and responsibilities of the OCTA and the City with respect to execution and delivery of this project funded by the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. Financial Impact: The total project cost is $3,389,617. An appropriation of $199,789 to Air Quality Management District (AQMD) fund account 20190013.82700 is requested for the City’s share comprised of the local match of $145,093 plus $54,696 for contingencies and construction administration. The Orange County Transportation Authority will manage the project and is responsible for the balance of the project costs. This project was included in the FY 16-17 revised Capital Improvement Program (CIP). Recommended Action: A) Appropriate $199,789 from the undesignated Air Quality Management District (201) fund balance to account 201900013.82700; and, B) Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement No. C-7- 1828 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton and Westminster for Magnolia Street Regional Traffic Signal Synchronization Project.” Alternative Action(s): Deny approval of the project and forego eligibility to receive grant funds through the CTFP. Analysis: In 2015, the Orange County Transportation Authority (OCTA) announced a call for projects for the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization program. These programs provide for roadway improvements to meet existing needs and address future demand along with inter-jurisdictional traffic signal coordination. These projects are regional and competitive. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Cooperative Agreement C-7-1828 with the Orange County Transportation Authority (OCTA) and the Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Stanton, and Westminster for a traffic signal synchronization project along Magnolia Street; and, approve appropriation of funds HB -175-Item 15. - 1 Dept. ID PW 17-061 Page 2 of 2 Meeting Date: 11/6/2017 A traffic signal synchronization project along Magnolia Street from Commonwealth Avenue in Fullerton to Banning Avenue in Huntington Beach was approved for funding by OCTA. This project will be managed by OCTA in conjunction with the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, and Westminster. The grant amount and the corresponding local matching funds are summarized below: Project Cost (Entire project) Project Cost (within Huntington Beach) OCTA Grant (Entire Project) Local Match (City of Huntington Beach only) $3,389,617 $725,465 $2,589,970 $145,093 The total cost of this project to the City of Huntington Beach is estimated at $185,000 including the local match payable to OCTA, construction administration by the City and construction contingencies. This project will provide operational and infrastructure improvements at 50 intersections along Magnolia Street from Commonwealth Avenue in Fullerton to Banning Avenue in Huntington Beach. The City of Anaheim is the lead agency on the project with participation by the cities of Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, and Westminster. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of fiber optic communication cable and conduit along with communication upgrades within the City of Huntington Beach. These improvements are identified in the City’s ongoing Traffic Signal System Master Plan and will allow for faster and improved communications with the system master at City Hall. The second stage of the project will be the development of new coordinated traffic signal timing which will reduce stops and delays along the corridor. Public Works Commission Action: Not required. Environmental Status: Any environmental analysis will be processed by OCTA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map 2. Cooperative Agreement No. C-7-1828 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton and Westminster for Magnolia Street Regional Traffic Signal Synchronization Project HB -176-Item 15. - 2 CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING MAGNOLIA STREET SIGNAL SYNCHRONIZATION PROJECT LOCATION ATTACHMENT 1 HB -177-Item 15. - 3 Ryan Chamberlain Sincerely, Ex-Officio Member, Senior Off ige SOcialist Contracts Administration and Materials Management CHIEF EXECUTIVE OFFIC Darrell Johnson Chief Executive Officer OCTA BOARD OF DIRECTORS Michael Hennessey Chairman Lisa A. Bartlett " Vice Chair Laurie Davies Director Barbara Delgleize Director Andrew Do Director Lori Donchak Director Steve Jones Director Mark A. Murphy Director Richard Murphy Director Al Murray Director Shawn Nelson Director Miguel Pada Director 77m Shaw Director Todd Spitzer Director Michelle Steel Director Tom Taft Director Gregory T. Winterbollom Director September 14, 2017 William Janusz Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-7-1828 Dear William Janusz: Enclosed is one original of the above mentioned subject for your review and signature. Please execute the original where indicated, in blue ink and return. Please send the executed document to: Michael Le Contract Administrator OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Michael Le at (714) 560-5314 or by e-mail at mlel@octa.net . Orange County Transportation Authority 550 South Main Street / P.O. Box 14184 / Orange / California 92863-1584 1(714) 560-OCTA (6282) HB -178-Item 15. - 4 COOPERATIVE AGREEMENT NO. C-7-1828 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, HUNTINGTON BEACH, STANTON AND WESTMINSTER FOR MAGNOLIA STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of , 201 , by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, Stanton, and Westminster; (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2016 Call for Projects (hereinafter, "2016 CALL") in support of Project P and awarded Project P funds based on the application (hereinafter, "APPLICATION") prepared by the City of Anaheim (hereinafter referred to as the 'APPLICANT Page 1 of 19 LammICLERICALWORDPROClAGREBAG71828 docx HB -179-Item 15. - 5 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP AGENCY") for implementation of signal synchronization of traffic signals along Magnolia Street (hereinafter, "PROJECT"); and WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to designate the AUTHORITY and the AUTHORITY has agreed to act as the implementing agency to carry out PROJECT; and WHEREAS, the PROJECT will include approximately fifty (50) traffic signalized intersections as identified in the APPLICATION; and WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements identified in the APPLICATION including certain hardware and software upgrades to intersection and central control systems including Advanced Transportation Controller units (ATC), traffic telernatics and interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will be constructed and/or installed and implemented as part of the PROJECT as identified in the APPLICATION; and WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the same time as the construction of the PROJECT and are not part of this Agreement; and WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course of the project; and WHEREAS, AUTHORITY and each respective Party acknowledge and understand that in-house resources (staff) from Party will provide various services for PROJECT; and WHEREAS, AUTHORITY and each respective Party acknowledge and understand that PROJECT costs for various types of additional work required by each respective Party, by its staff, or by policy, may not have been included in the original application and therefore costs to contractors to comply with additional work are not included in the PROJECT allocation; and Page 2 of 19 LA C ammIC LERI CALWVORD PROCSAGREE1AG 71 8 28. cl ocx HB -180-Item 15. - 6 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and 2 WHEREAS, Parties and each respective Party acknowledge and understand that the costs for 3 the additional work may be reversed by AUTHORITY's Audit; and 4 WHEREAS, based on AUTHORITY Board of Directors' approved PROJECT ALLOCATION and 5 Application, the AUTHORITY agrees to implement the PROJECT; and 6 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 7 PROJECT funding in a combined cash and in-kind services match of at Six Hundred Seventy Seven 8 Thousand Nine Hundred Twenty Three Dollars ($677,923.00), as shown in Attachment A, or equivalent 9 to at least twenty percent (20%) of PROJECT cost; and 10 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 11 Agreement to implement the PROJECT in support of Project P; and 12 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 13 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 14 PROJECT; and 15 WHEREAS, the AUTHORITY's Board of Directors authorized funding for the PROJECT on 16 April 11, 2016; and 17 WHEREAS, the AUTHORITY's Board of Directors authorized this Cooperative Agreement on the 18 day of 20 19 WHEREAS, the City of Anaheim's City Council approved this Agreement on the day of 20 ,20 21 WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the 22 day of 20 23 WHEREAS, the City of Fullerton's City Council approved this Agreement on the day of 24 , 20 25 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day 26 of , 20 Page 3 of 19 BCammeLERICALXWORDPROC\AGRERAG71828.docx HB -181-Item 15. - 7 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the day of , 20 WHEREAS, the City of Stanton's City Council approved this Agreement on the day of , 20 WHEREAS, the City of Westminster's City Council approved this Agreement on the day NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the PARTICIPATING AGENCIES as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force and effect, Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Agreement and issued in accordance with the provisions of this Agreement. C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force Page 4 of 19 MannACLERICALMORDPROMAGREELAG71828.docx of , 20 HB -182-Item 15. - 8 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 2 AGENCIES except when specifically confirmed in writing by an authorized representative of 3 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 4 accordance with the provisions of this Agreement. 5 ARTICLE 2. SCOPE OF AGREEMENT 6 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 7 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 8 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any 9 other supplemental agreements that may be required to facilitate purposes thereof. 10 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 11 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 12 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 13 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures 14 contained in the Comprehensive Transportation Funding Program (CTFP) guidelines. 15 B. AUTHORITY shall provide oversight in order to maintain inter-jurisdictional traffic signal 16 operational integrity between PROJECT and other similar type projects not older than three (3) years. 17 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation 18 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. 19 D. AUTHORITY shall perform web-based public outreach activities for the project to 20 communicate major project milestones and results. 21 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 22 described in CTFP. 23 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 24 PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and 25 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 26 PROJECT three-year grant period is complete. if the technical and or field review determines that any of Paee 5 of 19 LACammICLERICAL1WORDPROMAGREEAG71823 docx HB -183-Item 15. - 9 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 2 and return the amount of funding used to perform the ineligible activity to AUTHORITY. 3 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in 4 APPLICATION and Attachment A for the dollar cash match at the end of each phase or at a mutually 5 agreed upon time to facilitate any respective AGENCY funding timeframes. 6 H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review 7 process, including documentation of in-kind match conforming to Attachment A and will include the 8 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period. 9 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 10 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 11 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 12 implementation of the PROJECT: 13 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, 14 and complete the PROJECT as identified in APPLICATION. 15 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT. 16 C. To collect all data necessary to provide new optimized timing plans including, but not 17 limited to, manual or video intersection all movement counts, and a mutually agreed upon number and 18 location of twenty four (24) hour / seven (7) day automated machine traffic counts with vehicle 19 classification. 20 D. To develop and implement new timing plans optimized for signal synchronization. 21 E. To provide updated timing plans for all control systems and all relevant data used to 22 develop said plans to PARTICIPATING AGENCIES. 23 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 24 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is 25 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 26 8.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the Page 6 of 19 LACammICLERICALIWORDPROCNAGREBAG71828.docx HB -184-Item 15. - 10 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments 2 shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall provide a "Before and 3 After Study" video of a representative portion of PROJECT at up to two (2) public meetings. 4 ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES 5 PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of PROJECT: 7 A. Provide a technical representative to meet and participate as a member of the 8 PROJ ECT's Traffic Forum. 9 B. To authorize the AUTHORITY to manage, procure, and implement all aspects of 10 PROJECT. 11 C. To participate and support PROJECT implementation within the timeframe outlined in 12 APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY. 13 D. To provide AUTHORITY all current intersection, local field master, and/or ATMS timing 14 plans and related data upon request. 15 E. To provide the local cash match and/or documentation for the in-kind services match 16 for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or 17 evidence of in-kind services match may result in the loss of future participation for competitive funding 18 opportunities. 19 F. PARTICIPATING AGENCIES that have included a dollar match as identified in 20 Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar 21 days of receipt of an invoice. 22 G. PARTICIPATING AGENCIES that have included an in-kind services match as identified 23 in Attachment A shall provide documentation of conformance as part of the semi-annual review process. 24 H. To waive all fees associated with any local agency permits and/or services that may be 25 required of the AUTHORITY, or its contracted consultant, sub consultants, electrical contractors, and/or 26 service or equipment providers utilized in the performance of the PROJECT. Page 7 of 19 LACamrn1CLERICAUWORDPROCAGRERAG71828.docx HB -185-Item 15. - 11 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP I. PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 2 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents 3 to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 4 J. PARTICIPATING AGENCIES shall, if specified in APPLICATION, continue ongoing 5 monitoring and maintenance after the three-year grant period is complete and continue until the end of 6 the PROJECT per additional maintenance of effort in APPLICATION. 7 ARTICLE 6, DELEGATED AUTHORITY 8 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 9 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 10 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 11 Executive Officer, or designee. 12 ARTICLE 7. AUDIT AND INSPECTION 13 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 14 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 15 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 16 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 17 period of five (5) years after final payment, or until any on-going audit is completed. For purposes of 18 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of consultant's 19 final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the rig ht to reproduce 20 any such books, records, and accounts. The above provision with respect to audits shall extend to and/or 21 be included in contracts with PARTICIPATING AGENCIES' contractor. 22 ARTICLE 8. INDEMNIFICATION 23 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at 24 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 25 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and 26 agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, Page 8 of 19 LACamm1CLERICALANORDPROMAGREBAG71828.clocx HB -186-Item 15. - 12 COOPERATIVE AGREEMENT NO, C-7-1828 MAGNOLIA STREET - RTSSP 1 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 2 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 3 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 4 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 5 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 6 misconduct of PARTICIPATING AGENCIES, and their officers, directors, employees or agents in 7 connection with or arising out of the performance of this Agreement. 8 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 9 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 10 protect, and hold harmless PARTICIPATING AGENCIES, and their boards, committees, and 11 commissions, officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and 12 against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration 13 awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and 14 attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of 15 . persons (AUTHORITY's employees included), for damage to property, including property owned by 16 PARTICIPATING AGENCIES, or from any violation of any federal, state, or local law or ordinance, 17 alleged to be caused by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, 18 directors, employees or agents In connection with or arising out of the performance of this Agreement. 19 C. The indemnification and defense obligations of this Agreement shall survive its expiration • 20 or termination. 21 ARTICLE 9, ADDITIONAL PROVISIONS 22 A. Term of Agreement: This Agreement shall be in full force and effect through 23 June 30, 2023. 24 B. Amendment: This Agreement may be extended or amended in writing at any time by the 25 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 26 executed in writing by all Parties and AUTHORITY. Page 9 of 19 LACamm‘CLERICALWVOR DPROMAG REBAG71 628 clocx HB -187-Item 15. - 13 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default. D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party. E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement. G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures shall be permitted. I. Force Majeure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause Page 10 of 19 LACammICLERICAL\WORDPRODAGREBAG71828.docx HB -188-Item 15. - 14 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement, L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party. M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To ANAHEIM: To AUTHORITY: City of Anaheim . Orange County Transportation Authority 201 S. Anaheim Blvd. Suite 502 Anaheim, CA 92805 550 South Main Street P. 0. Box 14184 Orange, CA 92863-1584 Attention: John Thai Principal Traffic Engineer Tel: (714) 765-5294 Email: jthaiAanaheim.net Attention: Michael Le Contract Administrator Tel: (714) 560-5314 E-mail: mle1(octa.net Page 11 of 19 LACamm\CLERICAL\VVORDPROCIAGREENAG71828.docx HB -189-Item 15. - 15 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP To FOUNTAIN VALLEY: To FULLERTON: City of Fountain Valley City of Fullerton 10200 Slater Avenue Fountain Valley, CA 92708 303 West Commonwealth Avenue Fullerton, CA 92832 Attention: Temo Galvez Deputy City Engineer Tel: (714) 593-4517 Email: temo.oalvezAfountainvallev.org Attention: Don Hoppe Public Works Director Tel: (714) 738-6864 Email: dhoope(a,citvoffullerton.corh To GARDEN GROVE: To HUNTINGTON BEACH: City of Garden Grove City of Huntington Beach 11222 Acacia Parkway Garden Grove, CA 92842 2000 Main Street Huntington Beach, CA 92648 Attention: Dai Vu Traffic Engineer Tel: (714) 741-5189 Email: daivdarden-grove.orct Attention: William Janusz Principal Civil Engineer Tel: (714) 374-1628 Email: wianuszsurfcity-hb.org To STANTON: To WESTMINSTER: City of Stanton City of Westminster 7800 Katella Avenue Stanton, CA 90680 8200 Westminster Blvd. Westminster, CA 92683 Attention: Allan Rigg Public Works Director/City Engineer Tel: (714) 890-4203 Email: aricid(0,ci.stanton.ca.us -Attention: Adolfo Ozaeta, P.E. Traffic Engineer Tel: (714) 548-3462 Email: aozaetaci.westrninster.ca.us Page 12 of 19 LACamm1CLERICAL \WORDPROCNAGREBAG71828,docx HB -190-Item 15. - 16 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP I This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be 3 executed on the date first written above. 4 CITY OF ANAHEIM 5 6 By: Tom Tait 7 Mayor 8 9 ATTEST: •0 ORANGE COUNTY TRANSPORTATION AUTHORITY By: Darrell Johnson Chief Executive Officer APPROVED AS TO FORM: By: By: 11 Linda N. Andal City Clerk 12 Jam—z(s M. Doilich neral Counsel 13 APPROVED AS TO FORM: APPROVAL RECOMMENDED: 14 15 By: By: City Attorney Kia Mortazavi 16 Executive Director, Planning 17 Dated: Dated: 18 19 20 21 22 23 24 25 ]L 26 Page 13 of 19 LACammICLERICALWVORDPROCIAGREEIAG71828.docx HB -191-Item 15. - 17 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be 3 executed on the date first written above. 4 CITY OF FOUNTAIN VALLEY 5 By: 6 John Collins Mayor 7 8 ATTEST: 9 10 By: Rick Miller 11 City Clerk 12 13 APPROVED AS TO FORM: 14 By: 15 City Attorney 16 Dated: 17 18 19 20 21 22 23 24 25 26 Page 14 of 19 LACamrn\CLERICALIWORDPROCIAGREBAG71828.docx HB -192-Item 15. - 18 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be 3 executed on the date first written above. 4 CITY OF FULLERTON 5 By: 6 Bruce Whitaker Mayor 7 8 ATTEST: 9 10 By: Lucinda Williams 11 City Clerk 12 13 APPROVED AS TO FORM: 14 By: 15 City Attorney 16 Dated: 17 18 19 20 21 22 23 24 25 26 Page 15 of 19 LACamm1CLERICAL1WORDPRWAGREBAG71828.docx HB -193-Item 15. - 19 COOPERATIVE AGREEIVIENT NO. C-7-1828 MAGNOLIA STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above. CITY OF GARDEN GROVE By: Steven R. Jones Mayor ATTEST: By: Teresa Pomeroy City Clerk APPROVED AS TO FORM By: Omar Sandoval City Attorney Dated: Page 16 of 19 LACamnACLERICALWORDPROCIAGREEIAG71828.docx HB -194-Item 15. - 20 --- Travis Hopkins, Director of Public Works 12 APPROVED AS TO FORM 13 14 ael E. Gates ity Attorney AN 15 7 COOPERATIVE AGREEMENT NO. C-T-1828 MAGNOLIA STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be 3 executed on the date first written above. 4 CITY OF HUNTINGTON BEACH 5 By: 6 Barbara Delgleize Mayor 7 8 ATTEST: 9 By: 10 Robin Estanislau City Clerk 11 16 17 Dated: Dated: C1124 18 19 20 21 22 23 24 25 26 Page 17 of 19 LACamm‘CLERICALAW0RDPR0CV\GREEIAG71S25 Jacx HB -195-Item 15. - 21 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 0-7-1828 to be 3 executed on the date first written above. 4 CITY OF STANTON 5 By: 6 Carol Warren Mayor 7 8 ATTEST: 9 By: 10 Patricia A. Vazquez City Clerk 11 12 APPROVED AS TO FORM 13 By: 14 Matthew Richardson City Attorney 15 16 Dated: 17 18 19 20 21 22 23 24 25 26 Page 18 of 19 LACamm 1 CLERI CALWVORDPROMAGREBAG71 828.docx HB -196-Item 15. - 22 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP This Agreement shall be made effective upon execution by all Parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1828 to be executed on the date first written above. CITY OF WESTMINSTER By: Tri Ta Mayor ATTEST: By: Amanda Jensen City Clerk APPROVED AS TO FORM By: City Attorney Dated: Page 19 of 19 LACamm1CLERICAUW0RDPR0C\A3REEIAG71828.docx HB -197-Item 15. - 23 COOPERATIVE AGREEMENT NO, C-7-1828 MAGNOLIA STREET - RTSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY • - :. „. - • ' ' AGENCY . ' ' ' :-.: :CASH -MATCH :-' ::. -. : " 'IN-KIND MATCH* TOTAL MATCH Primary,•1:„:„- 'Implementation : • - : :O.P4Qh.:1 9 :- ::.Monitoring , ''',:: ::';?4 '• -:-: :- Maintenance .. .-.. . . : -- 'Primary .: . • . 41113.1Prilentation - : '-. : , -": : „„ .Ongoing , -.• Monitoring , : ::;& :::-::.-. : Maintenance .', . - -: - . ,:fPrimary Implementation -, : : : : ':. Ongoing ..: Monitoring ': .85 Maintenance. . City of Anaheim $179,141 $4,320 0 $ $179,141 $4,320 $ 183,461 $ 183,461 City of Fountain Valley $37,870 $2,880 $ 0 $37,870 $2,880 $ 40,75 0 $ 40,750 City of Fullerton $39,906 1 $3,360 $50,225 $0 $90,131 1 $39,906 $ 43,266 $ 50,225 $ 93,491 City of Garden Grove $117,450 $4,320 $ 0 $117,450 $4,320 $ 121,770 $ 121,770 City of Huntington Beach $140,773 I $4,320 $ 0 $140,773 I $4,320 $ 145,093 $ 145,093 City of Stanton $47,194 I $1,920 $ 0 $47,194 $1,920 $ 49,114 $ 49,114 City of Westminster $41,364 $2, 880 $ 0 $41,364 $2,880 $ 44,244 $ 44,244 TOTAL $603,698 $24,000 $50,225 r $0 $653,923 I $603,698 $ 627,698 $ 60,225 $ 677,923 *In-kind match may be converted to cash match if agency does not satisfy in-kind match commitment by the end of the respective phase. However, Cash Match is IVOT allowed to be converted to in-kind match. HB -198-Item 15. - 24 COOPERATIVE AGREEMENT NO. C-7-1828 MAGNOLIA STREET - RTSSP ATTACHMENT A SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match • _ . . ... : • ....AGENCY • . .... .• FUNDING SOURCE AMOUNT OF CASH CONTRIBUTION .. ' • City of Anaheim Gas Tax $ 183,461 City of Fountain Valley Measure M Turnback $ 40,750 City of Fullerton 50% Gas Tax 50% Mitigation Fees $ 43,266 City of Garden Grove M2 Fairshare $ 121,770 City of Huntington Beach AQMD $ 145,093 City of Stanton Gas Tax $ 49,114 City of Westminster Gas Tax $ 44,244 TOTAL $ 627,698 B. In-Kind Services Agency Improvement Date of Construction Expenditure N/A $ TOTAL $ ii. Staffing Commitment: AGENCY STAFF POSITION TYPE OF SERVICE TO PROJECT NO. OF HOURS FULLY BURDENED HOURLY RATE TOTAL** Fullerton TBD TBD TBD TBD $ 50,225 Total ; $ 50,225 TOTAL IN-KIND MATCH': $ 50,225 **Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual hilly burdened billing rates, which must collectively equal the same value of the assigned "Tote dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. I. Spa Page A - 2 HB -199-Item 15. - 25 Dept. ID PW 17-062 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: The Orange County Transportation Authority (OCTA) has submitted a Cooperative Agreement to the City of Huntington Beach for a traffic signal synchronization project along Brookhurst Street. This agreement clarifies the roles and responsibilities of the OCTA and the City with respect to execution and delivery of this project funded by the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization Program. Financial Impact: The total project cost is $3,619,855. An appropriation of $214,733 to the Air Quality Management District (AQMD) fund account 20190012.82700 is requested for the City’s share which is comprised of the local match of $166,698 plus $48,035 for contingencies and construction administration. The Orange County Transportation Authority will manage the project and is responsible for the balance of the project costs. This project was included in the FY 16-17 revised Capital Improvement Program (CIP). Recommended Action: A) Appropriate $214,733 from the undesignated Air Quality Management District (201) fund balance to account 20190012.82700; and, B) Approve and authorize the Mayor and City Clerk to execute “Cooperative Agreement No. C-7- 1829 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach and Westminster for Brookhurst Street Regional Traffic Signal Synchronization Project.”. Alternative Action(s): Deny approval of the project and forego eligibility to receive grant funds through the CTFP. Analysis: In 2015, the Orange County Transportation Authority (OCTA) announced a call for projects for the Comprehensive Transportation Funding Program (CTFP), Regional Traffic Signal Synchronization program. These programs provide for roadway improvements to meet existing needs and address future demand along with inter-jurisdictional traffic signal coordination. These projects are regional and competitive. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Travis K. Hopkins, PE, Director of Public Works SUBJECT: Approve and authorize execution of Cooperative Agreement C-7-1829 with the Orange County Transportation Authority (OCTA) and the Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, and Westminster for a traffic signal synchronization project along Brookhurst Street; and, approve appropriation of funds HB -200-Item 16. - 1 Dept. ID PW 17-062 Page 2 of 2 Meeting Date: 11/6/2017 A traffic signal synchronization project along Brookhurst Street from Commonwealth Avenue in Fullerton to Pacific Coast Highway in Huntington Beach was approved for funding by OCTA. This project will be managed by OCTA in conjunction with the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, and Westminster. The grant amount and the corresponding local matching funds are summarized below: Project Cost (Entire project) Project Cost (within Huntington Beach) OCTA Grant (Entire Project) Local match (City of Huntington Beach only) $3,619,855 $833,490 $2,745,215 $166,698 The total cost of this project to the City of Huntington Beach is estimated at $210,000 including the local match payable to OCTA, construction administration by the City, and construction contingencies. This project will provide operational and infrastructure improvements at 58 intersections along Brookhurst Street from Commonwealth Avenue in Fullerton to Pacific Coast Highway in Huntington Beach. The City of Anaheim is the lead agency on the project with participation by the cities of Fountain Valley, Fullerton, Garden Grove, Huntington Beach and Westminster. As a first stage, equipment upgrades will be installed in order to improve the operation and communications along the network, including the installation of fiber optic communication cable and new traffic signal controllers within the City of Huntington Beach. The project will also include some improvements to the city of Huntington Beach’s traffic management center located within City Hall. These improvements are identified in the City’s ongoing Traffic Signal System Master Plan and will allow for faster and improved communications with the system master at City Hall. The second stage of the project will be the development of new coordinated traffic signal timing which will reduce stops and delays along the corridor. Public Works Commission Action: Not required Environmental Status: Any environmental analysis will be processed by OCTA. Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Project Location Map. 2. “Cooperative Agreement No. C-7-1829 Between Orange County Transportation Authority and Cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, and Westminster for Brookhurst Street Regional Traffic Signal Synchronization Project” HB -201-Item 16. - 2 ',-:,.,..% .:_,404:VgA.4.!:1$1.q..,.,:m::•.!:: • : : • • ••.• . : •• • • . :. . • •• • • • -: • .. :.•: 1 -4 ,..:"...:::!:i..s.;:w.p.11::: •:.:3.. .• ...: • :...13T:I.:,.) I" :..••:' .a. . A 1 Eie 1i • - CITY OF HUNTINGTON BEACH * PUBLIC WORKS * TRAFFIC ENGINEERING BROOKHURST STREET SIGNAL SYNCHRONIZATION PROJECT LOCATION ATTACHMENT 1 HB -202-Item 16. - 3 OCTA 80,400 OF DIRECTORS Michael Hennessey Chairman Lisa A. Radler, Vice Chair Laurie Davies Director Barbara Delgleize Director Andrew Do Director Lori Donchak Director Steve Jones Director Mark A Murphy Director Richard Murphy Director Al Murray Director 9731%11 Nelson Director Miguel Pulido Director Um Shaw Director Todd Spitzer Director Michelle Steel Director Tom Tail Director Gregory I Winterboirom Director September 14, 2017 William Janusz Principal Civil Engineer City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SUBJECT: OCTA'S COOPERATIVE AGREEMENT NO. C-7-1829 Dear William Janusz: Enclosed is one original of the above mentioned subject for your review and signature. Please execute the original where indicated, in blue ink and return. Please send the executed document to: Michael Le Contract Administrator OCTA 550 South Main Street P.O. Box 14184 Orange, CA. 92863-1584 Should you have any contractual related questions, please feel free to contact Michael Le at (714) 560-5314 or by e-mail at mle1@octa.net . Eo Ryan Chamberlain x-Offici Member (' CHIEF EXECUTIVE OFFICE Darrell Johnson Chief Executive Officer ‘fist, --"maHa Ewing Senior Office Specialist Contracth-,Ad inistration and Materials Management Orange Counly Ttansporlalion Authorily 550 Souni Main Skeet / P.O. Box 14184 / Orange / California 92863-1584 /(714) 560-OCTA (6282) N HB -203-Item 16. - 4 COOPERATIVE AGREEMENT NO. C-7-1829 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITIES OF ANAHEIM, FOUNTAIN VALLEY, FULLERTON, GARDEN GROVE, HUNTINGTON BEACH, AND WESTMINSTER FOR BROOKHURST STREET REGIONAL TRAFFIC SIGNAL SYNCHRONIZATION PROJECT THIS COOPERATIVE AGREEMENT (Agreement), is effective this day of , 201 _, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY") and the cities of Anaheim, Fountain Valley, Fullerton, Garden Grove, Huntington Beach and Westminster; (hereinafter referred to as "PARTICIPATING AGENCIES") each individually known as "Party" and collectively known as the "Parties". RECITALS: WHEREAS, the AUTHORITY in cooperation with the PARTICIPATING AGENCIES is working together in coordinating traffic signals across multiple jurisdictional boundaries as a part of the Renewed Measure M (M2) Regional Traffic Signal Synchronization Program (RTSSP or Project P) to enhance countywide traffic flow and reduce congestion; and WHEREAS, the AUTHORITY has completed the competitive 2016 Call for Projects (hereinafter, "2016 CALL") in support of RTSSP and awarded RTSSP funds based on the application (hereinafter, "APPLICATION") prepared by the City of Anaheim (hereinafter referred to as the "APPLICANT AGENCY") for implementation of signal synchronization of traffic signals along Brookhurst Street (hereinafter, "PROJECT"); and I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Page 1 of 18 LACammICLERICAUWORDPROCIAGREENAG71829 docx HB -204-Item 16. - 5 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 WHEREAS, the PARTICIPATING AGENCIES in their approved APPLICATION have elected to 2 designate the AUTHORITY and the AUTHORITY has agreed to act as the implementing agency to carry 3 out PROJECT; and 4 WHEREAS, the PROJECT will include approximately fifty eight (58) traffic signalized 5 intersections as identified in the APPLICATION; and 6 WHEREAS, the PROJECT will include Intelligent Transportation System (ITS) elements 7 identified in the APPLICATION including certain hardware and software upgrades to intersection and 8 central control systems including Advanced Transportation Controller units (ATG), traffic telematics 9 and interconnect systems, Advanced Transportation Management Systems (ATMS), Roadside Units 10 (RSU), and other associated systems (hereinafter collectively referred to as "ITS ELEMENTS"), will 11 be constructed and/or installed and implemented as part of the PROJECT as identified in the 12 APPLICATION; and 13 WHEREAS, the AUTHORITY agrees to work with PARTICIPATING AGENCIES to coordinate 14 the inclusion of other ITS elements (hereinafter OTHER ELEMENTS) that should be installed at the 15 same time as the construction of the PROJECT and are not part of this Agreement; and 16 WHEREAS, all costs associated with the inclusion of these OTHER ELEMENTS are the sole 17 responsibility of the AGENCY owning each and any of those OTHER ELEMENTS during the course 18 of the project; and 19 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 20 in-house resources (staff) from Party will provide various services for PROJECT; and 21 WHEREAS, AUTHORITY and each respective Party acknowledge and understand that 22 PROJECT costs for various types of additional work required by each respective Party, by its staff, or 23 by policy, may not have been included in the original application and therefore costs to contractors to. 24 comply with additional work are not included in the PROJECT allocation; and 25 WHEREAS, AUTHORITY and Parties agree that these costs will be paid by PROJECT; and 26 / Page 2 of 18 LACamm1CLERIGALWORDPROGNAGREBA371829.docx HB -205-Item 16. - 6 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP I WHEREAS, Parties and each respective Party acknowledge and understand that the costs for 2 the additional work may be reversed by AUTHORITY's Audit; and 3 WHEREAS, based on Board of Directors approved PROJECT ALLOCATION and 4 APPLICATION, the AUTHORITY agrees to implement the PROJECT; and 5 WHEREAS, the PARTICIPATING AGENCIES per the M2 Ordinance, agree to provide 6 PROJECT funding in a combined cash and in-kind services match of at least Seven Hundred Twenty 7 Three Thousand Nine Hundred Seventy One Dollars ($723,971.00), as shown in Attachment A, or 8 equivalent to at least twenty percent (20%) of PROJECT cost; and 9 WHEREAS, the AUTHORITY and the PARTICIPATING AGENCIES desire to enter into this 10 Agreement to implement the PROJECT in support of Project P; and 11 WHEREAS, this Agreement defines the specific terms, conditions, and funding responsibilities 12 between the AUTHORITY and the PARTICIPATING AGENCIES for the implementation of the 13 PROJECT; and 14 WHEREAS, the AUTHORITY'S Board of Directors authorized funding for the PROJECT on 15 April 11, 2016; and 16 WHEREAS, the AUTHORITY's Board of Directors authorized this cooperative agreement on the 17 day of ,20 WHEREAS, the City of Anaheim's City Council approved this Agreement on the day of 18 19 20 WHEREAS, the City of Fountain Valley's City Council approved this Agreement on the 21 day of , 20 22 WHEREAS, the City of Fullerton's City Council approved this Agreement on the day of 23 , 20 20 24 WHEREAS, the City of Garden Grove's City Council approved this Agreement on the day 25 of ,20 26 Page 3 of 18 LACamm1CLERICALNWORDPROC\AGREDAG71829.c1ocx HB -206-Item 16. - 7 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 WHEREAS, the City of Huntington Beach's City Council approved this Agreement on the 2 day of 20 3 WHEREAS, the City of Westminster's City Council approved this Agreement on the day 4 of ,20 . 5 NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and the 6 PARTICIPATING AGENCIES as follows: 7 ARTICLE 1. COMPLETE AGREEMENT 8 A. This Agreement, including any attachments incorporated herein and made applicable by 9 reference, constitutes the complete and exclusive statement of the term(s) and conditions(s) of this 10 Agreement between AUTHORITY and PARTICIPATING AGENCIES and it supersedes all prior 11 representations, understandings, and communications. The invalidity in whole or in part of any term or 12 condition of this Agreement shall not affect the validity of other term(s) or conditions(s) of this Agreement. 13 The above referenced Recitals are true and correct and are incorporated by reference herein. 14 B. AUTHORITY's failure to insist on any instance(s) of PARTICIPATING AGENCIES' 15 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 16 relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or 17 condition(s), and PARTICIPATING AGENCIES' obligation in respect thereto shall continue in full force 18 and effect. Changes to any portion of this Agreement shall not be binding upon AUTHORITY except when 19 specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written 20 amendment to this Agreement and issued in accordance with the provisions of this Agreement. 21 C. PARTICIPATING AGENCIES' failure to insist on any instance(s) of AUTHORITY's 22 performance of any term(s) or condition(s) of this Agreement shall not be construed as a waiver or 23 relinquishment of PARTICIPATING AGENCIES' right to such performance or to future performance of 24 such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force 25 and effect. Changes to any portion of this Agreement shall not be binding upon PARTICIPATING 26 AGENCIES except when specifically confirmed in writing by an authorized representative of Page 4 of 18 LACarnm1CLERICALWVORDPROC1AGREBAG71829.dom HB -207-Item 16. - 8 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 PARTICIPATING AGENCIES by way of a written amendment to this Agreement and issued in 2 accordance with the provisions of this Agreement. 3 ARTICLE 2. SCOPE OF AGREEMENT 4 This Agreement specifies the roles and responsibilities of the Parties as they pertain to the 5 subjects and projects addressed herein. Both AUTHORITY and PARTICIPATING AGENCIES agree 6 that each will cooperate and coordinate with the other in all activities covered by this Agreement and any 7 other supplemental agreements that may be required to facilitate purposes thereof. 8 ARTICLE 3. RESPONSIBILITIES OF AUTHORITY 9 AUTHORITY agrees to the following responsibilities for funding of the PROJECT: 10 A. AUTHORITY shall implement the PROJECT based on the intent of the usage in the 11 APPLICATION prepared by the APPLICANT AGENCY in accordance with the policies and procedures 12 contained in the Comprehensive Transportation Funding Program (CTFP) guidelines. 13 B. AUTHORITY shall provide oversight in order to maintain inter-jurisdictional traffic signal 14 operational integrity between PROJECT and other similar type projects not older than three (3) years. 15 C. AUTHORITY will act as the LEAD AGENCY and provide and file all documentation 16 necessary to comply with California Environmental Quality Act (CEQA) regulations for PROJECT. 17 D. AUTHORITY shall perform web-based public outreach activities for the project to 18 communicate major project milestones and results. 19 E. AUTHORITY shall provide formats, templates, and guidance in reporting requirements as 20 described in CTFP. 21 F. AUTHORITY, or agents of AUTHORITY, under this Agreement and upon closeout of 22 PROJECT, may perform a technical and/or field review to ensure that the CTFP guidelines, policies, and 23 procedures were followed. Such a review may be performed one hundred and eighty (180) days after the 24 PROJECT three-year grant period is complete. If the technical and or field review determines that any of 25 the activities performed are ineligible for CTFP funding, PARTICIPATING AGENCIES must reimburse 26 and return the amount of funding used to perform the ineligible activity to AUTHORITY. Page 5 of 18 LAC am m1CLER ICALWVOR DP RODAGR F E1AG7 1829. d oGx HB -208-Item 16. - 9 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 G. AUTHORITY shall invoice the PARTICIPATING AGENCIES as identified in 2 APPLICATION and Attachment A for the dollar cash match at the end of the Primary Implementation 3 phase and again at the end of the Ongoing Monitoring and Maintenance phase or at a mutually agreed 4 upon time to facilitate any respective AGENCY funding timefrannes. 5 H. AUTHORITY shall request updates on the PROJECT as part of semi-annual review 6 process, including documentation of in-kind match conforming to Attachment A and will include the 7 PROJECT in the list of active projects in OC Fund Tracker until completion of the three-year grant period. 8 Documents to be provided include, but are not limited to, payroll records, contracts, and purchase orders. 9 ARTICLE 4. RESPONSIBILITIES OF THE AUTHORITY AS PROJECT LEAD AGENCY 10 The AUTHORITY as the LEAD AGENCY agrees to the following responsibilities for the 11 implementation of the PROJECT: 12 A. AUTHORITY shall act as the LEAD AGENCY for the work necessary to manage, procure, 13 and complete the PROJECT as identified in APPLICATION. 14 B. To coordinate outreach with PARTICIPATING AGENCIES for PROJECT. 15 C. To collect all data necessary to provide new optimized timing plans including, but not 16 limited to, manual or video all movement counts at each PROJECT Signalized intersection, and a 17 mutually agreed upon number and location of twenty four (24) hour / seven (7) day automated machine 18 traffic counts with vehicle classification. 19 D. To develop and implement new timing plans optimized for signal synchronization. 20 E. To provide updated timing plans for all control systems, both local and central, and all 21 relevant data used to develop said plans to PARTICIPATING AGENCIES. 22 F. To prepare a "Before and After Study" for PROJECT as described in the Measure M2 23 Eligibility Guidelines adopted by the AUTHORITY. The "Before and After Study" for the project is 24 considered the equivalent of the required Project Final Report (Measure M2 Ordinance No. 3, Section 25 B.111.9) for PROJECT. The AUTHORITY shall provide the "Before and After Study" to the 26 PARTICIPATING AGENCIES in draft and final formats for review and comment. AGENCY comments Page 6 of 18 Mamm\CLERICALIWORDPROCIAGREENAG71829.docx HB -209-Item 16. - 10 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP shall be noted in the final study. If specified in APPLICATION, AUTHORITY shall provide a 'Before and After Study" video of a representative portion of PROJECT at up to two (2) public meetings. ARTICLE 5. RESPONSIBILITIES OF THE PARTICIPATING AGENCIES PARTICIPATING AGENCIES agree to the following responsibilities for implementation and funding of PROJECT: A. Provide a technical representative to meet and participate as a member of the PROJECT's Traffic Forum. B. To authorize the AUTHORITY to manage, procure, and implement all aspects of PROJECT. C. To participate and support PROJECT implementation within the timeframe outlined in APPLICATION and consistent with the CTFP Guidelines adopted by AUTHORITY. D. To provide AUTHORITY all current intersection, local field master, and/or ATIVIS timing plans and related data upon request. E. To provide the local cash match and/or documentation for the in-kind services match for PROJECT in accordance with Attachment A. Failure to provide included local cash match and or evidence of in-kind services match may result in the loss of future participation for competitive funding opportunities. F. PARTICIPATING AGENCIES that have included a dollar match as identified in Attachment A shall provide payment for the dollar match to AUTHORITY within thirty (30) calendar days of receipt of an invoice. G. PARTICIPATING AGENCIES that have included an in-kind services match as identified in Attachment A shall provide documentation of conformance as part of the semi-annual review process. -H. To waive all fees associated with any local agency permits and/or services that may be required of the AUTHORITY, or its contracted consultant, sub consultants, electrical contractors, and/or service or equipment providers utilized in the performance of the PROJECT. Page 7 of 18 LACamm\CLER#CALWVORDPROCNAGREBAG71829.docx HB -210-Item 16. - 11 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 L PARTICIPATING AGENCIES shall provide updates on PROJECT to AUTHORITY as 2 part of semi-annual review process until completion of the three-year PROJECT grant period. Documents 3 to be provided include, but are not limited to, payroll records, contacts, and purchase orders. 4 J. PARTICIPATING AGENCIES shall, If specified in APPLICATION, continue ongoing 5 monitoring and maintenance after the three-year grant period is complete and continue until the end of 6 the PROJECT per additional maintenance of effort in APPLICATION. 7 ARTICLE 6. DELEGATED AUTHORITY 8 The actions required to be taken by PARTICIPATING AGENCIES in the implementation of this 9 Agreement are delegated to their respective City Manager, or designee, and the actions required to be 10 taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief 11 Executive Officer, or designee. 12 ARTICLE 7. AUDIT AND INSPECTION 13 AUTHORITY and PARTICIPATING AGENCIES shall maintain a complete set of records in 14 accordance with generally accepted accounting principles. Upon reasonable notice, PARTICIPATING 15 AGENCIES shall permit the authorized representatives of AUTHORITY to inspect and audit all work, 16 materials, payroll, books, accounts, and other data and records of PARTICIPATING AGENCIES for a 17 period of five (5) years after final payment, or until any on-going audit is completed. For purposes of 18 audit, the date of completion of this Agreement shall be the date of AUTHORITY's payment of consultant's 19 final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce 20 any such books, records, and accounts. The above provision with respect to audits shall extend to and/or 21 be included in contracts with PARTICIPATING AGENCIES' contractor. 22 ARTICLE 8. INDEMNIFICATION 23 A. To the fullest extent permitted by law, PARTICIPATING AGENCIES shall defend (at 24 PARTICIPATING AGENCIES' sole cost and expense with legal counsel reasonably acceptable to 25 AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and 26 agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, Page 8 of 18 LICamm1CLERICAUWORDPROMAGRERAG71829.docx HB -211-Item 16. - 12 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 2 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 3 limited to Claims arising from injuries to or death of persons (PARTICIPATING AGENCIES' employees 4 included), for damage to property, including property owned by AUTHORITY, or from any violation of any 5 federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or willful 6 misconduct of PARTICIPATING AGENCIES, and their officers, directors, employees or agents in 7 connection with or arising out of the performance of this Agreement. 8 B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole 9 cost and expense with legal counsel reasonably acceptable to PARTICIPATING AGENCIES), indemnify, 10 protect, and hold harmless PARTICIPATING AGENCIES, and their officers, directors, employees, and 11 agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, 12 claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, 13 penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not 14 limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for 15 damage to property, including property owned by PARTICIPATING AGENCIES, or from any violation of 16 any federal, state, or local law or ordinance, alleged to be caused by the negligent acts, omissions or 17 willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising 18 out of the performance of this Agreement. 19 C. The indemnification and defense obligations of this Agreement shall survive its expiration 20 or termination. 21 ARTICLE 9. ADDITIONAL PROVISIONS 22 A. Term of Agreement: This Agreement shall be in full force and effect through 23 June 30, 2023. 24 B. Amendment This Agreement may be extended or amended in writing at any time by the 25 mutual consent of all Parties and AUTHORITY. No amendment shall have any force or effect unless 26 executed in writing by all Parties and AUTHORITY, Page 9 of 18 L:Neamm\CLERICALAWORDPROCIAGREBAG71829.da-A HB -212-Item 16. - 13 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP C. Termination: In the event any Party defaults in the performance of their respective obligations under this Agreement or breaches any of the provisions of this Agreement, a non-defaulting Party(s) shall have the option to terminate this Agreement upon thirty (30) calendar days prior written notice to the Party in default. D. Termination for Convenience: Either Party may terminate this Agreement for its convenience by providing thirty (30) calendar days prior written notice of its intent to terminate for convenience to the other Party. E. AUTHORITY and PARTICIPATING AGENCIES shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over the PROJECT. F. Legal Authority: AUTHORITY and PARTICIPATING AGENCIES hereto consent that they are authorized to execute this Agreement on behalf of said Parties and that, by so executing this Agreement, the Parties hereto are formally bound to the provisions of this Agreement G. Severability: If any term, provision, covenant or condition of this Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law. H. Counterparts of Agreement: This Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures shall be permitted. I. Force Maieure: Either Party shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to: any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other Party, when satisfactory evidence of such cause Page 10 of 18 L:Carnm1GLERICAUWORDPROGNAGRERAG71829.docx HB -213-Item 16. - 14 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP is presented to the other Party, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the Party not performing. J. Assignment: Neither this Agreement, nor any of the Parties' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either Party without the prior written consent of the other Party in its sole and absolute discretion. Any such attempt of assignment shall be deemed void and of no force and effect. Consent to one assignment shall be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. K. Governing Law: The laws of the State of California and applicable local and federal laws, regulations and guidelines shall govern this Agreement. L. Litigation fees: Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including attorney's fees, to the prevailing Party. M. Notices: Any notices, requests, or demands made between the Parties pursuant to this Agreement are to be directed as follows: To ANAHEIM: To AUTHORITY: City of Anaheim Orange County Transportation Authority 201 S. Anaheim Blvd. SLI ite 502 Anaheim, CA 92805 550 South Main Street P. 0. Box 14184 Orange, CA 92863-1584 Attention: John Thai Principal Traffic Engineer Tel: (714) 765-5294 Email: Ithaianaheim.net Attention: Michael Le Contract Administrator Tel: (714) 560-5314 E-mail: mlel (@,octa.net Page 11 of 18 LACammICLERICALWVORDPROC\AGREEAG7 J829.11om HB -214-Item 16. - 15 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP To FOUNTAIN VALLEY: To FULLERTON: City of Fountain Valley City of Fullerton 10200 Slater Avenue Fountain Valley, CA 92708 303 West Commonwealth Avenue Fullerton, CA 92832 Attention: Temo Galvez Deputy City Engineer Tel: (714) 593-4517 Email: temo.galvez@fountainvalley.orq Attention: Don Hoppe Public Works Director Tel: (714) 738-6864 Email: dhoppeAcityoffullerton.com To GARDEN GROVE: To HUNTINGTON BEACH: City of Garden Grove City of Huntington Beach 11222 Acacia Parkway Garden Grove, CA 92842 2000 Main Street Huntington Beach, CA 92648 Attention: Dal Vu Traffic Engineer Tel: (714) 741-5189 Email: daiv(@Aarden-grove.org Attention: William Janusz Principal Civil Engineer Tel: (714) 374-1628 Email: wianuszasurfcity-hb.org To WESTMINSTER: City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 Attention: Adolfo Ozaeta, RE. Traffic Engineer Tel: (714) 548-3462 Email: aozaetaPci.westminsterca.us Page 12 of 18 LAC a mrn1C LE R I CA LWVORDP RO MGR ERAG71 829.d ocx HB -215-Item 16. - 16 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1829 to be 3 executed on the date first written above. 4 CITY OF ANAHEIM ORANGE COUNTY TRANSPORTATION AUTHORITY 5 6 By: By: Tom Tait Darrell Johnson 7 Mayor Chief Executive Officer 8 9 ATTEST: APPROVED AS TO FORM: 10 11 By: By: 12 13 14 15 Linda N. Andal City Clerk APPROVED AS TO FORM: J es M. Donich eneral Counsel APPROVAL RECOMMENDED: 16 By: By: 17 Bryn M. Morley Deputy City Attorney Kia Mortazavi Executive Director, Planning 18 19 20 Dated: Dated: 21 22 23 24 25 ML 0 26 . Page 13 of 18 LACammtCLERICALWORDPRODAGREBAG71829.docx HB -216-Item 16. - 17 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1829 to be 3 executed on the date first written above. 4 CITY OF FOUNTAIN VALLEY 5 6 By: John Collins 7 Mayor 8 9 ATTEST: 10 11 By: Rick Miller City Clerk 13 APPROVED AS TO FORM: By: Colin Burns City Attorney Dated: 19 20 21 22 23 24 25 26 Page 14 of 18 LACamfn1C LER CALAVVORDPROCAGREEIAG71829 docx 12 14 15 16 17 18 HB -217-Item 16. - 18 COOPERATIVE AGREEMENT NO. C-74829 BROOKHURST STREET - RTSSP I This Agreement shall be made effective upon execution by all Parties, 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1829 to be 3 executed on the date first written above, 4 CITY OF FULLERTON 5 6 By: Bruce Whitaker 7 Mayor 8 9 ATTEST: 10 11 By: Lucinda Williams 12 City Clerk 13 14 APPROVED AS TO FORM: 15 16 By: Richard Jones City Attorney 18 19 20 21 22 23 24 25 26 Dated: Page 16 of 18 LACamm\CLERICAL1WORDPROOAGREBAG71829.docx HB -218-Item 16. - 19 COOPERATIVE AGREEMENT NO. 0-7-1829 BROOKHURST STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. 0-7-1829 to be 3 executed on the date first written above. 4 CITY OF GARDEN GROVE 5 6 By: Steven R. Jones 7 Mayor 8 9 ATTEST: 10 11 By: Teresa Pomeroy City Clerk APPROVED AS TO FORM: By: Omar Sandoval City Attorney 18 19 20 21 22 23 24 25 26 Dated: Page 16 of 18 LiCamm \CLERICALIWORDPRODAGREaAG71829.docx 12 13 14 15 16 17 HB -219-Item 16. - 20 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1829 to be 3 executed on the date first written above. 4 CITY OF HUNTINGTON BEACH 5 6 By: Barbara Delgleize 7 Mayor 8 9 ATTEST: 10 11 By: Robin Estanislau 12 City Clerk 13 14 15 19 20 21 22 23 24 25 26 Page 17 of 18 LACamm\CLERICALIWORDPROMAGREBAG71829.docx HB -220-Item 16. - 21 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP 1 This Agreement shall be made effective upon execution by all Parties. 2 IN WITNESS WHEREOF, the parties hereto have caused this Agreement No. C-7-1829 to be 3 executed on the date first written above. 4 CITY OF WESTMINSTER 5 6 By: Tri Ta 7 Mayor 8 9 ATTEST: 10 11 By: Amanda Jensen City Clerk APPROVED AS TO FORM: By: Richard Jones City Attorney 17 18 Dated: 19 20 21 22 23 24 25 26 Page 18 of 18 LICarnsrACLERICALWVORDPROCSAGREELAG71829.docx 12 13 14 15 16 HB -221-Item 16. - 22 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP ATTACHMENT A DETAILED LOCAL MATCH COMMITMENT SECTION 1: AGENCY TOTAL MATCH SUMMARY AGENCY ." GASH MATCH = IN-KIND MATCH* • • TOTAL MATCH -: • .: :•:' :': -:- Ornery .: .. 4inpiernentation Ongoing :Monitoring & : • Maintenance . ; : • - ' Primary :.:.:. Implementation „ '- -: ' ' ::.,:. ,: .- :. Ongoing .. -..,Monitoring -.. ::84 ..... : - Maintenance '.' ; -::: - -:, -:::':..: :- 'Primary . .' ::-. implementation . .. -• : -- . - ,::Ongoing .:Menitoring . --,',-.::- & . :. " Maintenance City of Anaheim $166,103 $6,240 $ 0 $166,103 $6,240 $ 172,343 $ 172,343 City of Fountain Valley $76,070 $4,800 $ 0 $76,070 I $4,800 $ 80,870 $ 80,870 City of Fullerton $99,988 I $2,880 $ 0 $99,988 I $2,880 $ 102,868 $ 102,868 _ City of Garden Grove $165,820 $7,200 $ 0 $165,820 $7,200 $ 173,020 $ 173,020 City of Huntington Beach $161,898 $4,800 $ 0 $161,898 $4,800 $ 166,698 $ 166,698 City of Westminster $26,252 $1,920 $ 0 $26,252 $1,920 $ 28,172 $ 28,172 TOTAL ' $696,131 $27,840 $ 0 $ 0 $696,131 $696,131 $ 723,971 $ 0 $ 723,971 In--kind match may be converted to cash match if agency does notsatisfy in-kin -d match commitment by the end of the respective phase, However, Cash Match is NOT allowed to be converted to in-kind match. HB -222-Item 16. - 23 COOPERATIVE AGREEMENT NO. C-7-1829 BROOKHURST STREET - RTSSP ATTACHMENT A SECTION 2: MATCH BREAKDOWN (CASH VS IN-KIND SERVICES) A. Cash Match AGENCY FUNDING SOURCE :. -: • . AMOUNT OF CASH CONTRIBUTION City of Anaheim Gas Tax $ 172,343 City of Fountain Valley Measure M Turnback $ 80,870 City of Fullerton 50% Gas Tax 50% Mitigation Fees $ 102,868 City of Garden Grove M2 Fairshare $ 173,020 City of Huntington Beach AQMD $ 166,698 City of Westminster M2 Fairshare $ 28,172 TOTAL $ 723,971 B. In-Kind Services L Specific Improvements (List items and Cost): Agency Improvement Date of Construction Expenditure N/A TOTAL IL Staffing Commitment: AGENCY STAFF POSITION TYPE OF SERVICE TO PROJECT NO. OF HOURS FULLY BURDENED HOURLY RATE TOTAL" N/A Total : TOTAL IN-KIND MATCH': **Total amount is the required participation by the identified agency. The number of hours and hourly rate will be based on each agency's actual fully burdened billing rates, which must collectively equal the same value of the assigned 'Total" dollars. Each agency will be responsible for keeping detailed records of hours worked and description of work. An accounting record of personnel, hours at fully burdened rate is expected to be included with the final submittal. Records will be subject to auditing. Page A — 2 HB -223-Item 16. - 24 Dept. ID FD17 011 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: Representatives from the State of California Department of Fish and Wildlife requested use of the City lifeguard boat dock for mooring one enforcement boat during lobster season to assist in their efforts to enforce applicable laws. In response, City staff prepared the attached memorandum of understanding, which would provide this access. Approval of the agreement would have no adverse impact on Marine Safety Division operations. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding Between the City of Huntington Beach and the State of California Department of Fish and Wildlife for Use of the City Lifeguard Boat Dock.” Alternative Action(s): Do not approve the memorandum of understanding and instruct staff on how to proceed. Analysis: The City’s Marine Safety Division has enjoyed a long, cooperative relationship with the State Department of Fish and Wildlife. This has included forwarding observations of violations of State fish and wildlife regulations and public complaints, to which they have responded in an expeditious manner. They have also been a tremendous resource for City staff in providing an understanding of these rules and regulations. Recently State representatives requested permission to use the lifeguard boat dock in Huntington Harbor behind Fire Station 7-Warner for enforcement purposes. Specifically, they wish to moor their enforcement boat in one of the slips at this location. It will be used to enforce fish and wildlife regulations. Mooring in this location will provide better access and save time in serving the public during lobster season, which runs from October 1, 2017, to March 21, 2018. Approval of the attached memorandum will not incur any City costs. Environmental Status: None. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: David A. Segura, Fire Chief SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) with the State of California Department of Fish and Wildlife for use of the City Lifeguard Boat Dock in Huntington Harbour behind Fire Station 7-Warner HB -224-Item 17. - 1 Dept. ID FD17 011 Page 2 of 2 Meeting Date: 11/6/2017 Strategic Plan Goal: Enhance and maintain public safety. Attachment(s): 1. “Memorandum of Understanding Between the City of Huntington Beach and the State of California Department of Fish and Wildlife for Use of the City Lifeguard Boat Dock” HB -225-Item 17. - 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE FOR USE OF THE CITY LIFEGUARD BOAT DOCK THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on , 2017, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and the State of California Department of Fish and Wildlife (hereinafter referred to as "STATE") for the use of the CITY Lifeguard Boat Dock. WHEREAS, CITY has a Lifeguard Boat Dock in Huntington Harbour; and STATE desires to find a location to dock its enforcement boat for a limited time during the lobster season; and STATE desires to use and CITY desires to allow STATE to dock its enforcement boat at the CITY Lifeguard Boat Dock, NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: SECTION 1. TERM This. MOU will become effective on the date it is approved by City Council and shall be for the period of September 30, 2017 to March 21, 2018, SECTION 2, OBLIGATIONS OF CITY The obligations of CITY - pursuant to this MOU shall be as follows: 1. CITY shall make available a portion of its Lifeguard Boat Dock in Huntington Haxbour to STATE to dock its single enforcement boat, free and clear of any obstructions or impediments. SECTION 3. OBLIGATIONS OF STATE: The obligations of STATE pursuant to this MOU shall be as follows: 1. STATE shall use only that portion of the CITY Lifeguard Boat Dock as agreed upon by the parties to dock its single enforcement boat. 2. STATE shall keep and maintain in good condition and repair that portion of the CITY Lifeguard Boat Dock it uses to dock its single enforcement boat. 17-6036/166017/RLS 9/19/17/DO 1 HB -226-Item 17. - 3 3. STATE shall be responsible for any damage arising from its use of the portion of the CITY Lifeguard Boat Dock where it docks its single enforcement boat. 4. STATE shall be solely responsible for the safety and security of its single enforcement boat at all times while it is docked at the CITY Lifeguard Boat Dock. SECTION 4, INDEMNIFICATION, DEFENSE, HOLD HARMLESS STATE 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, defense costs, and consequential damage or liability of any kind or nature, however caused to anyone, including those resulting from death or injury to STATE employees and damage to STATE property, arising directly or indirectly out of the obligations or operations herein undertaken by STATE, caused in whole or in part by any negligent act or omission of STATE, any subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of CITY, its officers, elected or appointed officials, employees, agents and volunteers. STATE will conduct all defense at its sole cost and expense and CITY shall approve selection of STATE'S counsel, This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by STATE. SECTION 5. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to Labor Code Section 1861, STATE E acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; STATE covenants that it will comply with such provisions prior to commencing performance of the work hereunder. STATE shall obtain and furnish to CITY statutory limits and employer's liability insurance for bodily injury or disease with a limit of no less than One Million Dollars ($1,000,000) per accident. STATE shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. If the organization/entity has no compensated employees working on the project, it may complete and return a "non-employer status" form to be used in lieu of a workers' compensation insurance certificate. 17-6036/166017/RM 9/19/17/DO 2 HB -227-Item 17. - 4 SECTION 6. INSURANCE In addition to the workers' compensation and employer's liability insurance and STATE's covenant to defend, hold harmless and indemnify CITY, STATE shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. This policy shall indemnify STATE, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with this MOU, and shall provide coverage in not less than the following mount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that STATE's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to STATE shall also be available to the Additionally Insured Parties. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, without the express written consent of CITY; however, an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. STATE shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of STATE by this Agreement. SECTION 7. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, STATE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificates shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and C. promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY. STA'IE shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 17-6036/166017/RLS 4/19/17/DO 3 HB -228-Item 17. - 5 STATE's requirement for carrying the foregoing insurance coverages shall not derogate from STATE's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all of the policies of insurance. STATE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. STATE shall provide a separate copy of the additional insured endorsement to each of STATE's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. STATE shall require all subcontractors to name STATE, its officers, employees, and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad. STATE shall verify that every subcontractor policy endorsement complies with the requirements set forth herein. SECTION 8. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right of interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 9. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 10. CONFLICT OF INTEREST STATE shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. 17-6036/166017/RLS 9/19/17/DO 4 HB -229-Item 17. - 6 SECTION 11. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 12. WAIVER OF BREACH The waiver by CITY of any breach by STATE of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by STATE, either of the same or another provision of this MOU. SECTION 13. FORCE MAJEURE — UNAVOIDABLE DELAYS Should the performance of any act required by this WU to be performed by either CITY or STATE be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 14. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY Fire Department City of Huntington Beach ATTN: Mike Baumgartner 2000 Main Street Huntington Beach, CA 92648-2702 Phone: (714) 536-5489 STATE RsiA- 0 1-0 0 E-b--,,,A1 LALLIE.4)eop-cs e-AYT Ok V IS LT, L(((JS bo\-1-A-Pso&i incLI 1,41TOS f íA 9073-0 (316a7S -0°0-4-- If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. 17-6036/166017/RLS 9/19/17/DO 5 HB -230-Item 17. - 7 SECTION 15. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non- prevailing party. SECTION 16. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 17, SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 18. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 19. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforced any and all indemnities given or made by STATE under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. 17-603611660171RLS 9/19/17/DO 6 HB -231-Item 17. - 8 SECTION 20. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liable to STATE, its successors and assigns, of any default Or breach by CITY under this MOU or for any amount which may become due to STATE, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 21. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days' notice in writing. SECTION 22. MODIFICATIONS IN WRITING This MOU contains and embraces the entire MOU between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other MOU between the parties unless such MOU be expressed in writing, signed and acknowledged by CITY and STATE, or their successors in interest. SECTION 23. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 24. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. REST OF PAGE INTENTIONALLY LEFT BLANK 17-6036/166017/RLS 9/19/17/DO 7 HB -232-Item 17. - 9 ON. name amn Patrol Ca print title SECTION 27, ENTIRETY The foregoing sets forth the entire MOU between the parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. STA rE OF CALIFORNIA • By: RY40 COK(A6 7'\ Its: 97161:n 01 1Int laC ENAT print title AND Rebecca Hartmanll, .7L. S c:t By: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk TED AND APPROVED: REVIEWED AND APPROVED: City Manager APPROVED AS-TO FORM: c . Attorney num 17-6036/1660171RLS 9/19/17/DO 8 HB -233-Item 17. - 10 DO S CALIVOFOOA DEPARTMF:NT OF Governor Edmund G. Brown Jr. HIN(ICES APPROVED AS TO FORM loc ,1 1 (7 ICHAEL E GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH July 01, 2017 STATE OF CALIFORNIA PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE FISCAL YEAR JULY 1, 2017 / JUNE 30, 2018 To Whom It May Concern: In accordance with Government Code section 11007.4, the State of California has elected to be self-insured for liability exposures. Under this form of insurance, the State and its employees acting in the course and scope of their employment are insured for tort liability arising out of official State business. All claims against the State of California based on tort liability should be presented as a government claim to the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: http://www.dqs.ca.qov/orim/Programs/GovernmentClaims.asnx. The State of California has also elected to be insured for its motor vehicle liability exposures through the State Motor Vehicle Liability Self-Insurance Program (VELSIP). This program provides liability coverage arising out of the operations of motor vehicles used by state employees for official state business (California Vehicle Code Sections 17000 and 17001). Motor vehicle liability claims against the State of California should be presented to the Office of Risk and Insurance Management, P.O. Box 989052 MS-403, West Sacramento, CA 95798- 9052, (800) 900-3634, claims@dgs.ca.gov . If your motor vehicle liability claim is not resolved within six months from the date of loss, California law requires you to file a formal claim with the Government Claims Program, P.O. Box 989052 MS 414, West Sacramento, CA 95798-9052. (Gov. Code section 900, et. seq.) Internet link: htto://www,dos.ca.00viorim/Prodrams/GovernmentClaims.aspx. The State of California has a Master Agreement with the State Compensation Insurance Fund regarding workers' compensation benefits for all state employees, as required by the Labor Code. Sincerely, Christopher Carroll Associate Risk Analyst Insurance Services Unit Phone: (916) 376-5279 Fax: (916) 376-5275 christopher.carroll@dgs.ca.gov Office of Risk and Insurance Management I State of California I Government Operations Agency 707 3rd Street, 1st Floor I West Sacramento, CA 956051 916.376.5300 n 916.376.5277 REV 07/27/16 HB -234-Item 17. - 11 Dept. ID CS 17-030 Page 1 of 3 Meeting Date: 11/6/2017 Statement of Issue: The Sister City Association of Huntington Beach (SCAHB) has been working for decades to create mutual understanding between the City of Huntington Beach (City) citizens, and the citizens of various “sister” cities around the globe. To memorialize these efforts and to formalize this ongoing working relationship, there is a need to approve a Memorandum of Understanding (MOU) between agencies. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a “Memorandum of Understanding Between the City of Huntington Beach and the Sister City Association of Huntington Beach.” Alternative Action(s): Do not approve the Memorandum of Understanding between the City of Huntington Beach and the Sister City Association of Huntington Beach and direct staff accordingly. Analysis: At the request of the Sister City Association of Huntington Beach (SCAHB), the City of Huntington Beach (City) worked to develop a Memorandum of Understanding (MOU) for City Council adoption. Under the conditions of the MOU, the SCAHB will continue to act on behalf of students and citizens of Huntington Beach to develop and implement an ongoing Sister City program (Attachment 1). The SCAHB has a long history in the City, spanning over six decades. The “People to People Program” was inaugurated by the president of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations around the globe, through the medium of direct personal contact. In the late 1970’s, the Town Affiliation Association of the U.S. Inc., requested that the City of Huntington Beach and other communities in the United States unite with cities in other nations of similar characteristics and mutual interests. Beginning on February 22, 1977, again on June 7, 1982, and on October 3, 2011, the City of Huntington Beach recognized and endorsed the “People to People Program.” This laid the groundwork for the Sister City Program, with the intention of creating lasting friendships between people of various cities. CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Janeen Laudenback, Director of Community Services SUBJECT: Approve and authorize execution of a Memorandum of Understanding (MOU) with the Sister City Association of Huntington Beach (SCAHB) to formalize the working relationship between agencies HB -235-Item 18. - 1 Dept. ID CS 17-030 Page 2 of 3 Meeting Date: 11/6/2017 On February 22, 1977, the City of Huntington Beach adopted Resolution 4421, extending an invitation to the City of Waitemata, New Zealand, to become a Sister City to Huntington Beach and inviting them to participate in the Sister City Program (Attachment 2). The City Council at the June 7, 1982 City Council meeting adopted Resolution No. 5128. This resolution extended an invitation to the City of Anjo, Japan, to become a Sister City and inviting them to participate in the City of Huntington Beach Sister City Program (Attachment 3). Most recently, on October 3, 2011, the City of Huntington Beach adopted Resolution No. 2011-70, extending another invitation. This time, the invitation went to the Manly Council, New South Wales, Australia, to become a Sister City and to establish a Sister City relationship (Attachment 4). In an effort to enhance education and advocacy, the Sister City Association of Huntington Beach (SCAHB) was officially incorporated on June 13, 1986 (Attachment 5). The SCAHB is a 501(c)(3) corporation organized and operated exclusively for public and charitable purposes. The mission of the SCAHB is to enhance life experiences of its students and citizens through cultural exchange and to interface with various countries through education and advocacy aimed to empower and meet the needs of a diverse population to understand our changing world. Currently, the City of Huntington Beach and SCAHB has a relationship with Anjo, Japan, and Manly, Australia. SCAHB coordinates a variety of community activities including, but not limited to, a high school student exchange program with official Sister City delegation tours. Although the City of Huntington Beach supports the mission of SCAHB in concept, the City does not provide any oversight or funding for SCAHB programs and activities. The obligations of the City pursuant to this MOU are subject to budget constraints and available staffing, and shall be as follows: 1. City may provide the use of meeting space at City facilities to hold meetings in which to conduct routine business of SCAHB. 2. City may provide facilities for the purpose of supporting special activities for the SCAHB delegates as available. 3. City may provide staff support for meetings and staff support for event permitting through the Specific Events process. 4. City Community Services Department may provide support services for development, postage, and in-house printing of annual brochure and other documents as needed based upon availability for SCAHB. In the event outsourcing of printing becomes necessary, SCAHB shall be responsible for printing. 5. City will provide the following mailing address to conduct official business: Sister City Association C/O City of Huntington Beach P.O. Box 190 Huntington Beach, CA 92648, USA The obligations of the SCAHB pursuant to this MOU shall be as follows: 1. SCAHB as a 501(c)(3) Charitable Organization, shall provide its services as an organization accepting public and private donations intended for use in the furthering of cultural exchanges within existing or future City recognized Sister cities. 2. SCAHB shall act in concert with City, county, state and federal agencies to ensure the HB -236-Item 18. - 2 Dept. ID CS 17-030 Page 3 of 3 Meeting Date: 11/6/2017 people of other cities are treated with respect and dignity. 3. SCAHB shall represent the City with various sister cities across the globe. 4. SCAHB shall present programs and activities to foster SCAHB activities only. 5. SCAHB shall do background checks for all SCAHB members, chaperones, and volunteers, and provide City with a roster annually. 6. SCAHB shall provide insurance as required by the City. The SCAHB shall provide all needed financial support, volunteer supervision, and program oversight to the education, advocacy, and other sister city programs, including all aspects of cultural travel and exchange programs. Environmental Status: Not applicable. Strategic Plan Goal: Improve Quality of Life. Attachment(s): 1. “Memorandum of Understanding between the City of Huntington Beach and the Sister City Association of Huntington Beach” 2. Resolution No. 4421 of the City Council of the City of Huntington Beach extending an invitation to the City of Waitemata, New Zealand to become a Sister-City and inviting the people of Waitemata, New Zealand, to participate in said program 3. Resolution No. 5128 of the City Council of the City of Huntington Beach extending an invitation to the City of Anjo, Japan to become a Sister-City and inviting the people of Anjo, Japan to participate in said program 4. Resolution 2011-70 of the City Council of the City of Huntington Beach extending an invitation to the Manly Council, New South Wales, Australia to become a Sister-City and inviting the people of Manly Council, New South Wales, Australia, to participate in said program 5. Articles of Incorporation of Sister City Association of Huntington Beach, Inc. HB -237-Item 18. - 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE SISTER CITY ASSOCIATION OF HUNTINGTON BEACH THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into on , 2017, by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California (hereinafter referred to as "CITY"), and the SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, a 501(c)(3) charitable organization (hereinafter referred to as "SCAHB"). WHEREAS, "People to People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and The City of Huntington Beach and other communities in the United States were requested by Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and Beginning on February 22, 1977, and again on June 7, 1982 and October 3, 2011, the City of Huntington Beach, through its City Council, recognized and endorsed the "People to People" program with the hope that it would lead to a lasting friendship between the people of various cities; and On February 22, 1977, the City of Huntington Beach extended an invitation to the City of Waitemata, New Zealand to become a Sister City to Huntington Beach and inviting them to participate in the Sister City Program; and The City Council, at the June 7, 1982 meeting, extended an invitation to the city of Anjo, Japan to become a Sister City and inviting them to participate in the City of Huntington Beach Sister City Program; and On October 3, 2011, the City of Huntington Beach extended an invitation to the Manly Council, New South Wales, Australia, to become a Sister City and to participate in the City of Huntington Beach Sister City Program; and On June 13, 1986, in an effort to enhance education and advocacy, the Sister City Association of Huntington Beach was officially incorporated to enhance life experiences of its students and citizens through cultural exchange and interface with various countries through education and advocacy aimed to empower and meet the needs of a diverse population to understand our changing world; and CITY is committed to the SCAHB Mission, "To promote goodwill and fellowship through cultural exchanges between the City of Huntington Beach and other cities outside the United States of America," and shall provide staff through the Community Services Department to assist the SCAHB, 1 16-5429 / 143667 HB -238-Item 18. - 4 NOW, THEREFORE, in consideration of the promises and covenants hereinafter contained and intending to be legally bound, the parties covenant and agree as follows: SECTION 1. TERM This MOU will become effective on the date it is approved by CITY COUNCIL and shall terminate five (5) years thereafter, except with respect to any obligations hereunder which are to be performed thereafter. Upon mutual written consent of the parties, this MOU may be extended for additional five (5) year terms. SECTION 2. OBLIGATIONS OF CITY The obligations of the CITY pursuant to this MOU, subject to budget constraints and available staffing, shall be as follows: 1. CITY may provide the use of meeting space at City facilities for holding meetings in which to conduct routine business of SCAHB. 2. CITY may provide facilities for the purpose of supporting special activities for the SCAHB delegates as available. 3. CITY may provide staff support for meetings and staff support for event permitting through the Specific Events process. 4. CITY may provide support services for development, postage and in-house printing of annual brochure and other documents as needed based upon availability for SCAHB. In the event outsourcing of printing becomes necessary, SCAHB shall be responsible for their own printing. 5. City will provide address: Sister City Association C/O City of Huntington Beach P.O. Box 190 Huntington Beach, California 92648, USA SECTION 3. OBLIGATIONS OF SCAHB The obligations of the SCAHB pursuant to this MOU shall be as follows: 1. SCAHB as a 501(c)(3) Charitable Organization, shall provide its services as an organization accepting public and private donations intended for use in the furthering of cultural exchanges within existing or future CITY recognized Sister Cities. 2. SCAHB shall act in concert with CITY, county, state, and federal agencies to ensure the people of other cities are treated with respect and dignity. 2 16-5429/ 143667 HB -239-Item 18. - 5 3. Represent the CITY with various Sister Cities across the globe. 4. Present programs and activities to foster SCAHB activities only. 5. Do background checks for each SCAHB member, chaperone and volunteer and provide CITY with a roster annually. 6. Provide insurance as required by the CITY. SECTION 4. ACCESS TO CITY MARKS AND LOGOS SCAHB shall have the right to use the official Huntington Beach City logo, and CITY's "Surf City Huntington Beach" trademark with the prior written approval of CITY's Director of Community Services ("Director"), which approval shall be at the sole discretion of the Director. SCAHB will not use the trademark or logo for commercial purposes. SECTION 5. INDEMNIFICATION, DEFENSE, HOLD HARMLESS SCAHB 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, defense costs, and consequential damage or liability of any kind or nature, however caused to anyone, including those resulting from death or injury to SCAHB's employees and damage to SCAHB's property, arising directly or indirectly out of the obligations or operations herein undertaken by SCAHB, caused in whole or in part by any negligent act or omission of SCAHB, any subcontractors, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. SCAHB will conduct all defense at its sole cost and expense and CITY shall approve selection of SCAHB's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by SCAHB. SECTION 6. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to Labor Code Section 1861, SCAHB acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; SCAHB covenants that it will comply with such provisions prior to commencing performance of the work hereunder. SCAHB shall obtain and furnish to CITY workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. SCAHB shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. SCAHB shall furnish to 3 16-5429/ 143667 HB -240-Item 18. - 6 CITY a certificate of waiver of subrogation under the term of the workers' compensation and employer's liability insurance and SCAHB shall similarly require all subcontractors to waive subrogation. SECTION 7. INSURANCE In addition to the workers' compensation and employer's liability insurance and SCAHB's covenant to defend, hold harmless and indemnify CITY, SCAHB shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage. This policy shall indemnify SCAHB, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with this MOU, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000). This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable shall be deemed excess coverage and that SCAHB's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to SCAHB shall also be available to the Additionally Insured Parties. Under no circumstances shall the above-mentioned insurance contain a self-insured retention, without the express written consent of CITY; however, an insurance policy "deductible" of $5,000.00 is permitted. SCAHB shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of SCAHB by this Agreement. SECTION 8. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, SCAHB shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificates shall: a. provide the name and policy number of each carrier and policy; b. state that the policy is currently in force; and c. promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of CITY. SCAHB shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. 4 16-5429 / 143667 HB -241-Item 18. - 7 The requirement for carrying the foregoing insurance coverages shall not derogate from SCAHB's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. SCAHB shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. SCAHB shall provide a separate copy of the additional insured endorsement to each of SCAHB's insurance policies, naming the Additionally Insured Parties as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. A statement on an insurance certificate will not be accepted in lieu of the actual endorsement. SCAHB shall require all subcontractors to name SCAHB, its officers, employees, employees and agents, and the Additionally Insured Parties as Additional Insureds on all subcontractor insurance policies using ISO form number CG 20 38 04 13 or coverage at least as broad. SCAHB shall verify that every subcontractor policy endorsement complies with the requirements set forth herein. SECTION 9. ASSIGNING AS BREACH Neither party shall encumber, assign, or otherwise transfer this MOU, or any right or interest in this MOU, without the express written consent of the other party. A consent by a party to one assignment or transfer to another person shall not be deemed to be a consent to any subsequent assignment or transfer to another person. Any encumbrance, assignment or transfer, without the prior written consent of the other party, whether it is voluntary or involuntary, by operation of law or otherwise, is void and shall, at the option of the other party, terminate this MOU. SECTION 10. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this MOU shall inure to the benefit of and be binding upon the parties and their successors and assigns. The provisions of this Section shall not be deemed as a waiver of any of the conditions against assignment hereinbefore set forth. SECTION 11. CONFLICT OF INTEREST SCAHB shall employ no CITY official or any regular CITY employee in the work performed pursuant to this MOU. No officer or employee of CITY shall have any financial interest in this MOU in violation of the applicable provisions of the California Government Code. SECTION 12. PHOTOGRAPHY CITY may grant perinits to persons engaged in the production of still and motion pictures, television programs, advertising and related activities, to take photographs and/or motion pictures of SCAHB activities. However, consistent with good safety practices, CITY will endeavor to give 24- hour advance notification of such activities to SCAHB. In addition, if CITY receives compensation from such persons for such production, CITY will grant 50% of such compensation to SCAHB for support of SCAHB's activities as set forth under this MOU. 5 16-5429 / 143667 HB -242-Item 18. - 8 SECTION 13. NONDISCLOSURES/PRESS RELEASES SCAHB shall consult with CITY prior to issuing any press releases or otherwise making any public statements with respect to this MOU, the transactions contemplated herein, or matters arising hereafter. SECTION 14. CUMULATIVE REMEDIES The remedies given to the parties in this MOU shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this MOU. SECTION 15. WAIVER OF BREACH The waiver by CITY of any breach by SCAHB of any of the provisions of this MOU, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such breach or a waiver of any subsequent breach by SCAHB, either of the same or another provision of this MOU. SECTION 16. FORCE MAJEURE- UNAVOIDABLE DELAYS Should the performance of any act required by this MOU to be performed by either CITY or SCAHB be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive governmental laws or regulations, or any other cause (except financial inability) not the fault of the party required to perform the act, the time for performance of the act will be extended for a period equivalent to the period of delay and performance of the act during the period of delay will be excused. SECTION 17. NOTICE Any written notice, given under the terms of this MOU, shall be either delivered personally or mailed, certified mail, postage prepaid, addressed to the party concerned, as follows: CITY Director of Community Services City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 Phone: (714) 536-5486 SCAHB Sister City Association of Huntington Beach Attn: President 2000 Main Street Huntington Beach, CA 92648 Phone: (310) 663-0885 If a party desires to change the address for notices set forth herein, said party shall provide 30 days advance written notice to the other party of any such change. 6 16-5429 / 143667 HB -243-Item 18. - 9 SECTION 18. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this MOU or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 19. CONTROLLING LAW AND VENUE The rights and liabilities of the parties, and the interpretation and construction of this MOU, shall be determined in accordance with the laws of the State of California. Any controversy arising out of or under this MOU, if litigated, shall be adjudicated in a court of competent jurisdiction in Orange County, California. SECTION 20. SECTION TITLES The section titles in this MOU are inserted only as a matter of convenience and for reference, and in no way define, limit or describe the scope of intent of this MOU or in any way affect this MOU. SECTION 21. TIME OF ESSENCE Time is of the essence with respect to all provisions of this MOU in which a definite time for performance is specified including, but not limited to, the expiration of this MOU. SECTION 22. SURVIVAL OF INDEMNITIES Termination of this MOU shall not affect the right of CITY to enforce any and all indemnities given or made by SCAHB under this MOU, nor shall it affect any provision of this MOU that expressly states that the provision shall survive termination thereof. SECTION 23. NONLIABILITY OF CITY OFFICIAL, EMPLOYEES OR AGENTS No elective or appointed CITY or CITY affiliated board, commission or member thereof, or officer, official, employee or agent of CITY shall be personally liable to SCAHB, its successors and assigns, of any default or breach by CITY under this MOU or for any amount which may become due to SCAHB, its successors and assigns, under this MOU or for any obligation of CITY under this MOU. SECTION 24. TERMINATION This MOU may be terminated by either party with or without cause upon sixty (60) days notice in writing. 7 16-5429/ 143667 HB -244-Item 18. - 10 SECTION 25. MODIFICATIONS IN WRITING This MOU contains and embraces the entire MOU between the parties hereto and neither it nor any part of it may be changed, altered, modified, limited or extended orally or by any other MOU between the parties unless such MOU be expressed in writing, signed and acknowledged by CITY and SCAHB, or their successors in interest. SECTION 26. PARTIAL INVALIDITY Should any provision of this MOU be held by a court of competent jurisdiction to be either invalid, void, or unenforceable, the remaining provisions of this MOU shall remain in full force and their effect unimpaired by the holding, so long as the reasonable expectations of the parties hereto are not materially impaired. SECTION 27. MOU IN COUNTERPARTS This MOU may be executed in counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. REST OF PAGE INTENTIONALLY LEFT BLANK 8 16-5429/ 143667 HB -245-Item 18. - 11 57.2- t unity Services Dir SECTION 28. ENTIRETY The foregoing sets forth the entire MOU between the parties. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers the day, month and year first above written. SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, A 501(c)(3) charitable organization: Its: print name print title I) 1 0- e I d CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk REVIEWED AND APPROVED: 9 16-5429/ 143667 HB -246-Item 18. - 12 S i +.----- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNYYY) 10/0412017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGH T S U P O N T H E C E R T I F I C A T E H O L D E R . T H I S CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER TH E C O V E R A G E A F F O R D E D B Y T H E POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEE N T H E I S S U I N G I N S U R E R ( S ) , A U T H O R I Z E D REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADD I T I O N A L I N S U R E D p r o v i s i o n s o r h e e n d o r s e d . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain polici e s m a y r e q u i r e a n e n d o r s e m e n t A s t a t e m e n t o n this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 714-890-9220 Arrowood insurance LJOOF51749 15175 Springdale Street Huntington Beach, CA 92649 The 1 Morey Company, Inc. CONTACT The J. Morey Company, Inc. SAtilE PHONE : 714-890-9220 I FAX 714-890-9230 (fix, No, Ext) 1 (NC. N,a) E-MAIL ADDRESS: I INSURER(SI AFPORDING COVERAGE 1 %MC * URER AI Mitsui Sumitomo ins Co of Am 20362 INSURED Sister City Assocation of Huntington Beach 17712 Wrightwood Lane Huntington Beach, CA 92649 I INSU" B : INSURER C: INSURER 0; , INSURER E: 1 INSURER F : FICNUMBER VISION NUMBER TI-US IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED N A M E D A B O V E F O R T H E P O L I C Y P E R I O D INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTH E R D O C U M E N T W I T H R E S P E C T To WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCR I B E D H E R E I N I S S U B J E C T T O ALL THE -TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAI M S , INSR LTR_ TYPE OF IN S URANC E ADM INSD SUBR WVD POLICY NUMBER POUCY EFF JMMODDirfrO POLICY EXP iMINDIDTYYM 09/0712010 LIMITS EACH OCCURRENCE .5 1,000,090 s 300,000 A X COMMERCIAL GENERAL LIABILITY GL2122656 0910712017 Veigiallrdrrr1,-! CLAIMS-MADE X OCCUR MED EXP (Any one oerson) $ 0,000 S 1,000,000 GEN'L X PERSONAL & ADV INJURY SENERP,L AGGREGATE s 2,000,000 AGGREGATE LIMIT APPLIES PER: POLICY ri ,TERET. i I LOG OTHER PRODUCTS - COMPIOP AGE S 2,000,000 s AUTOMOBILE LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY 1 1fl SCHEDULED AUTOS . NON-OWNED AUTOS ONLY • APPROVED AS TO FORM COMBINED SINGLE LIMIT TE_a accidanil $ BODILY INJURY (Per personl $ BODILY INJURY (Per accident) $ rRpamm A-AGE , $ s UMBRELLA.LIAB EXCESS LJAB OCCUR CLAIMS-MADE \ \ \to n EACH OCCURRENCE s AGGREGATE S 'M ICHAEL E. GATES CITY ATTORNEY DED I r RETENTION $ WORKERS COMPENSATION AND'EMPLOYERSLIABILITY ' ANY PROPRIETORfPARTNER1EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION or OPERATIONS below Y I N N i A CITY OF HUNTINGTOIN BEACH PER OT STATUTE ER EL EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ EL DISEASE- POLICY LIMIT DESCRIPTION OF OPERATIONS! LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, any be attached IT more space is required) City of Huntington Beach, its elected or appointed officials, agents, officers, employees and volunteers are named as additional insured per GL form CG2012 07198. Cancellation per form 1027011 04. __...........„._ ......___.. CITH-01 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648-2702 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 sv..„...4„.. aiwv^sg- ACORD 25 (2016103) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are .registered marks of ACORD HB -247-Item 18. - 13 POLICY NUMBER: GL2122656 COMMERCIAL GENERAL LIABILITY CG 20 12 07 98 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - STATE OR POLITICAL SUBDIVISIONS - PERMITS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Political Subdivision: CITY OF HUNTINGTON BEACH, ITS ELECTED OR APPOINTED OFFICIALS, AGENTS, OFFICERS,EMPLOYEES, AND VOLUNTEERS 2000 MAIN STREET HUNTINGTON BEACH, CA 92648-2702 RE: AIL OPERATIONS OF THE RAIN/MD INSURED FOR THE CERTIFICATE HOLDER (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section il — Who Is An Insured is amended to include as an insured any state or political subdivi- sion shown in the Schedule, subject to the following provisions: 1. This insurance applies only with respect to op- erations performed by you or on your behalf for which the state or political subdivision has issued a permit. 2. This insurance does not apply to: a. "Bodily injury,' 'property damage" or "per- sonal and advertising injury" arising out of operations performed for the state or munici- pality; or b. "Bodily injury" or "property damage" included within the "products-completed operations hazard". CG 20 12 07 98 Copyright, Insurance Services Office, Inc., 1997 Page 1 of 1 0 HB -248-Item 18. - 14 Company Name: Si s Address: c;ty .A55-tia g //IP/4 ,i1-4/47/1'4ff ge.,fwd CITY OF HUNTINGTON EACH 2000 Main .Street, Huntington Beach, CA 92648 Declaration of Non-Employer Status The State of California requires every enterprise or business to provide workers compensation insurance coverage. If you have no employees, you may make a declaration to that effect by completing and signing this form and returning to: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued, I shall not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if I hire any employee(s) or become subject to the provision of the laws requiring Workers' Compensation Insurance. Applicant )5('4124K Ala kle,..4474.; Applicant's Signature: Title: Date Signed: Telephone Number: 7i/e0de f?/4) 594 - 7149/ HB -249-Item 18. - 15 Date signed eft /1_ Signature of Permittee Print name fie4A1 Ar4t4-,455i/e4S -Ii/ Resolution No- 2008-63 CITY OF HUNTNGTON BEACH 2000 Main Street Huntington Beach, CA 9264s DECLARATION OF PERMI lTEE I certify that no vehicle(s) will be used or operated in the performance of the task(s) or event(s) for which this permit is granted. I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued in connection with or in the performance of said task(s) or event(s) if any vehicle(s) is used. 1 6407 EXHIBIT I HB -250-Item 18. - 16 IL 112 70 OS 11 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE WAD IT CAREFULLY. CALI FOR NIA C HA NGES CANCELLATIO N AND NO NRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMEFCIAL INLAND MARNE COVERAGE PART COMMERCIAL PRDPERTY COVERAGE PART CF(ME AND FIDELITY COVERAGE PART EMPLOYMENT-RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2., a and 5. of the Cancellagen Common Policy Condition are replaced by the following : a All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, advance written notice of cancellation, stating the reason for cancellation, at least a. 10 days before the effective date of cancellation if we cancel for: (1) Non payment of premiumq or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. b. 30 days before the effective date of cancellation if we cancel for any other reason. a All Policies in Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the f (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. IL 02 70 08 11 © Insurance Services Office, Inc., 2010 Page 1 of 4 0 HB -251-Item 18. - 17 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirement, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, it that failure materially increases any of the risks insured against (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or par/ of the risk would threaten our financial Integrity or solvency; or (b) Continuation of the policy coverage would; (1) Place us in violation of California law or. the laws of the state where we are domiciled; or ' (IT) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is included in the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation If we caned for any other reason listed in Paragraph 3.a. 5. If this policy Is cancelled, we will send the first Named Insured any premium refund due The refund, if any, will be computed on a pro rata basis. However, the refund may be less than pro rata if we made a loan to you for the purpose of payment of premiums for this policy. The cancellation will be effective even if we have not made or offered a refund. B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenant' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. if such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may CWIcei this coverage for any reason, except as provided in b. and a. below, Ex We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that include/ an earthquake policy premium surcharge but-fails to pay the earthquake policy premium surcharge authorized by the CEA. c.. We may not cancel such coverage solely because oorrcelve soil conditions exist on the premises. This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss Or damage caused by or resulting from corrosive soil conditions: (i) Commercial Property Coverage Part — Causes Of Loss —Special Form; or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph 0, Covered Causes Of Loss —Special. Page 2 of 4 Insurance Services Office, Inc., 2010 IL 02 70 Oa 11 0 HB -252-Item 18. - 18 C. The following is added and supersedes any provisions to the contrary: Ncrirenewal 1. Subject to the provisions of Paragraphs C.2. and C.3. below, if we elect not to renew this policy, we will mall or deliver written notice, stating the reason for nonrenewai, to the first Named Insured shown in the Declarations, and to the producer of record, at least 60 days, but not more than 120 days, before the. expiration or anniversary date. We will mail or deliver our notice to the first Named Insured, and to the producer of record, at the mailing address shown in The policy. 2, Residential Property This provision applies to coverage on real property used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household property contained in a residential unit if such coverage is written under one of the following; Commercial Property Coverage Part Farm Coverage Part — Farm Property Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a We may elect not to renew such coverage for any reason, except as provided in b., c. and ci below, b. We will not refuse to renew such coverage solely because the first Named Insured has accepted an offer of earthquake coverage. However, the following applies only to insurers who are associate participating insurers as established by Cal. Ins. Code Section 10089.16. We may elect not to renew such coverage after the first Named 'Insured has accepted an offer • of earthquake coverage, if one or more of the following reasons applies: (1) The nonrenewal is based on sound underwriting principles that relate to the coverages provided by this policy and That are consistent with the approved rating plan and related documents filed with the Department of Insurance as required by existing lac (2) The Commlesioner of Insurance finds that the exposure to potenfial losses will Threaten our solvency or place us in a hazardous condificn. A hazardous condition includes, but is not limited to, a condition in which we make claims payments for losses resulting from an earthquake that occurred within the preceding two years and that required a reduction in policyholder surplus of at least 26% for payment of those claims; or (3) We have: (a) Lost or experienced a substantial reduction in the availability or scope of reinsurance coverage; or (b) Experienced a substantial increase in the premium charged for reinsurance coverage of our residential property insurance policies; and the Commissioner has approved a plan for the nonrenewals that is fair and equitable, and that is responsive to the changes in our reinsurance position. c. We will not refuse to renew such coverage solely because the first Named Insured has caecelled or did not renew a policy, issued by the Calif ornia Earthquake Authority, that included an earthquake policy premium surcharge, d. We will not refuse to renew such coverage solely because corrosive soil conditions exist on the premises. This restriction (d.) applies only If coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss —Special Forme or (2) Farm Coverage Part — Causes Of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss —Special. 3. We are not required to send notice of non renewal in the following situations: a. It the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL. 02 70 OS 11 0 insurance Services Office, Inc., 2010 Page 3 of 4 0 HB -253-Item 18. - 19 b. II the policy has been extended for 90 days or less, provided that notice has bean given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. if the policy is for a period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. It the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a Written offer to the first Named Insured, in accordance with the tmeframes shown in Paragraph C.1, to renew the policy under changed terms or conditions or at an Increased premium rate when the increase exceeds 25%. Page 4 of 4 insurance Services Office, inc., 2010 IL 02 70 08 11 El HB -254-Item 18. - 20 RESOLUTION NO. 4421 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO THE CITY OF WAITEMATA, NEW ZEALAND TO BE- COME A SISTER-CITY AND INVITING THE PEOPLE OF WAITEMATA, NEW ZEALAND, TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding U.S. Presidents have endorsed said program, to be conducted for the broad purposes of the exchange of ideas and people between the citizens of the United States of America and the people of other nations; and To implement this program the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to affiliate with cities in other nations of similar characteristics and mutual interest; and The City of Huntington Beach, through its City Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of the City of Huntington Beach and the City of Waitemata, New Zealand, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, AS FOLLOWS: SECTION 1. That this Council on behalf of the people of the City of Huntington Beach does hereby extend an invitation to the government and the people of the City of Waitemata, New Zealand, to participate with the City of Huntington Beach as its sister-city for the purpose of creating greater mutual understanding between the peoples of our two great cities and nations. 1. HB -255-Item 18. - 21 APPROVED AS TO FORM: SECTION 2. The Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this Resolution are to be sent to the mayor and council of the City of Waitemata, New Zealand, the Town Affiliation Association of the U.S., Inc., and the Embassy of the City of Waitemata, New Zealand. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 22nd day of February, 1977. ATTEST: Alicia M. Wentworth --7 Mayor City Clerk Deputy City Clerk REVIEWED AND APPROVED: _;o1r p ity Administrator INITIATED AND APPROVED AS TO CONTENT: 2. HB -256-Item 18. - 22 Res. No. 4421 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 22nd day of February , 19 77 , by the following vote: AYES: Councilmen: Bartlett, Pattinson, Coen, Gibbs, Siebert, Wieder NOES: Councilmen: None ABSENT: Councilmen: Shenkman Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California HB -257-Item 18. - 23 RESOLUTION NO. 5128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO THE CITY OF ANJO, JAPAN TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF ANJO, JAPAN TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U. S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, through its Council, does rec- ognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Anjo, Japan, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation to the government and the people of the City of Anjo, Japan to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great /ahb 5/26/82 1. HB -258-Item 18. - 24 City Clerk INITIATED AND APPROVED: cities and nations. SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this resolution be sent to the Mayor and Council of the City of Anjo, Japan, the Town Affiliation Association of the U. S., Inc., and the Embassy of Japan. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 7th day of June , 1982. 14r4 e Mayor ATTEST: APPROVED AS TO FORM: 2. HB -259-Item 18. - 25 Res. No. 5128 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ALICIA M. WENTWORTH, the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of more than a majority of all the members of said City Council at a regular meeting thereof held on the 7th day of June , 19 82 , by the following vote: AYES: Councilmen: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Councilmen: None ABSENT: Councilmen: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California HB -260-Item 18. - 26 72,44, Council/Agency Meeting Held: /61340// t, 0Deferred/Continued to: Iii:papx,(602),CleCo*tionall .0 A • eroyed, oCIDIenie24a4)nStsbati/ty I r ,,.. Signat ire Council Meeting Date: October 3, 2011 Department D Number: ED 11-043 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager SUBJECT: Adopt Resolution No. 2011-70 extending an invitation to Manly Council, New South Wales, Australia, to establish a Sister City Relationship Statement of Issue: The City of Huntington Beach and Manly Council, New South Wales in Australia have expressed mutual interest in establishing a formal affiliation based on common interests and recent communication. The City proposes to extend an official invitation to Manly Council, New South Wales to establish a Sister City Relationship. Financial Impact: No fiscal impact. Recommended Action: Motion to: Adopt Resolution No. 2011-70, "A Resolution of the City Council of the City of Huntington Beach Extending An Invitation to Manly Council, New South Wales, Australia To Become A Sister City and Inviting the People of Manly Council, New South Wales, Australia To Participate in Said Program." Alternative Action(s): Do not approve Resolution and direct staff as appropriate. Item 3. - I HB -32-HB -261-Item 18. - 27 1. 2. REQUEST FOR COUNCIL ACTION MEETING DATE: 10/3/2011 DEPARTMENT ID NUMBER: ED 11-43 Analysis: On August 5, in Huntington Beach, the Manly Council Mayor Jean Hay announced at a Press Conference that they will host the equivalent of the US Open of Surfing in Australia in February 2012. In addition to hosting an equivalent, large-scale surf event, there are several common factors that make this proposed affiliation a natural partnership including, but not limited to, tourism of a popular coastal destination with millions of visitors annually and economic development activities. Manly is also known as the Surf City of Australia. The local area government of Manly is minutes away from Sydney, Australia, and is a vibrant coastal destination community that welcomes millions of visitors year around. Should an affiliation with Manly be established, the relationship would commence as a platform in which both cities can exchange ideas, sharing best practices for practical solutions on similar issues, and discuss priorities from a global perspective. The affiliation will begin a foundation of dialogue, but may expand in the future as the economic climate changes. There may be the possibility of lifeguard exchanges, and/or municipal festivals in each with the purpose of strengthening our future relationship. There are no projected expenses or budget associated. Currently, the Huntington Beach Sister City Association (501(c)3) coordinates sister city activities with Anjo, Japan including, but not limited to, a high school student exchange and City Official delegation tours. The City does not provide funding to the Sister City Association. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance Economic Development Attachment(s): Resolution No. 2011-70, "A Resolution of the City Council of the City of Huntington Beach Extending an Invitation to Manly Council, New South Wales, Australia to Become a Sister City Inviting the People of Manly Council, New South Wales, Australia to Participate in Said Program" Letter from Mayor to Sister Cit Committee 1-IB -33- Item 3. - 2HB -262-Item 18. - 28 ATTA HME T Item 3. - 3 HB -34-HB -263-Item 18. - 29 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Manly Council, New South Wales, Australia. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation to the government and the people of Manly Council, New South Wales, Australia to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great cities and nations. SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this resolution be sent to the Mayor and Council of Manly Council, New South Wales, Australia, the Town Affiliation Association of the U.S, Inc. and the Embassy of Australia. SECTON 4. The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council. 11-3039/69212 HB -264-Item 18. - 30 REVIE AT" V, D APPROVED: VUr City/ . aL APPROVED AS TO FORM: Director of Eco Development Resolution No. 2011-70 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 3rd day of Ortnher , 2011. INITIATED AND APPROVED: 11-3039/69212 HB -265-Item 18. - 31 Res. No. 2011-70 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a regular meeting thereof held on October 3, 2011 by the following vote: AYES: Harper, Hansen, Carchio, Bohr, Dwyer, Boardman NOES: None ABSENT: Shaw ABSTAIN: None Cit Clerk and ex-officio of the City Council of the City of Huntington Beach, California HB -266-Item 18. - 32 Item 3. - 6HB -37-HB -267-Item 18. - 33 P. 0. BOX 190 Joe Carchio Mayor •2000 MAIN STREET • CALIFORNIA 92648 Item 3. - 7 Waitakere, New Zealand TELEPHONE (714) 536-5553 FAX (714) 536-5233 HB -38- Anjo, Japan •14 le City of Huntington Beach September 13, 2011 Mr. George Erber 17301 Wild Rose Lane Huntington Beach, CA 92649 Dear George: Thank you for your response to the proposal I made to the Sister City Board. I apologize if at the time of the proposal to accepting Manly, Australia, into our program, I did not make myself crystal clear. Unlike Anjo, Japan, which is more of a cultural, student, and government program, Manly, although under the same "Sister City" program banner, would involve our two communities developing a strong and lasting friendship due to the strong similarities with both having a strong surf culture and coastal economics. As far as monetary support from the Sister City Association, this would not be necessary. If any funds were needed, they would be raised through private donations, including any exchange in our lifeguard program. I would like to thank you and your board for all of your hard work in maintaining the wonderful Sister City Program in these difficult economic times. I sincerely believe Manly, Australia, would be a great asset as the relationship develops between our two cities. I will bring forward a future resolution in a different format so that this program can be manageable for everyone involved. Thank you in advance. Ity Council Fred Wilson, City Manager HB -268-Item 18. - 34 CITY OF HUNTINGTON BEACH 6-zee-7, TO: Honorable Mayor and City Council Members VIA: Fred Wilson, City Manager FROM: Bob Hall, Deputy City Manager DATE: October 3, 2011 SUBJECT: Change to Resolution No. 2011-70 regarding establishing a Sister City relationship with Manly, Australia The following language was added to Resolution 2011-70 regarding the establishment of a Sister City relationship with Manly, Australia. The attached resolution has been updated with the new language. The new addition is as follows: "The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council." This was added as Section 4 in the Resolution. HB -269-Item 18. - 35 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Huntington Beach and other communities in the United States have been requested by the Town Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Manly Council, New South Wales, Australia. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this Council on behalf of the people of Huntington Beach does hereby extend an invitation to the government and the people of Manly Council, New South Wales, Australia to participate with the City of Huntington Beach as its sister city for the purpose of creating mutual understanding between the peoples of our two great cities and nations. SECTION 2. That the Mayor is hereby authorized to act as official representative of the City of Huntington Beach to carry out this program. SECTION 3. That copies of this resolution be sent to the Mayor and Council of Manly Council, New South Wales, Australia, the Town Affiliation Association of the U.S, Inc. and the Embassy of Australia. SECTON 4. The Sister City Association will not be asked to set up cultural or student exchanges with the Manly Council. 11-3039/69212 HB -270-Item 18. - 36 REVIEWED AND APPROVED: APPROVED AS TO FORM: City Manager ity Attome 45V2.2-lk1 Out• Resolution No. 2011-70 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2011. Mayor INITIATED AND APPROVED: Director of Eco *c Development 11-3039/69212 HB -271-Item 18. - 37 RESOLUTION NO. 2011-70 A RESOLUTION OF THE CITY COUNCIL OF TH CITY OF HUNTINGTON BEACH EXTENDING AN INVITATION TO MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO BECOME A SISTER CITY AND INVITING THE PEOPLE OF MANLY COUNCIL, NEW SOUTH WALES, AUSTRALIA TO PARTICIPATE IN SAID PROGRAM WHEREAS, the "People-to-People Program" was inaugurated by the President of the United States in 1956 to establish greater friendship and understanding between the peoples of the United States and other nations through the medium of/direct personal contact; and All succeeding United States Presidents have endorsed said program, conducted for the broad purpose of exchanging ideas and people between the citizens of the United States of America and those of other nations; and To implement this program, the City of Iuntington Beach and other communities in the United States have been requested by the Tow/Affiliation Association of the U.S., Inc. to unite with cities in other nations of similar characteristics and mutual interests; and The City of Huntington Beach, through its Council, does recognize and endorse this program with the hope that it will lead to a lasting friendship between the people of Huntington Beach and Manly Council, New South Wales, Australia. NOW, THEREFORE, the C .,ty Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. That this/Council on behalf of the people of Huntington Beach does hereby extend an invitation to/he government and the people of Manly Council, New South Wales, Australia to participSe with the City of Huntington Beach as its sister city for the purpose of creating mutual understdnding between the peoples of our two great cities and nations. SECTION 2. phat the Mayor is hereby authorized to act as official representative of the City of Huntington Befich to carry out this program. SECTION That copies of this resolution be sent to the Mayor and Council of Manly Council, New So th Wales, Australia, the Town Affiliation Association of the U.S, Inc. and the Embassy of Au tralia. G77-71 tln I, \ 7773 11-3039/69212 HB -272-Item 18. - 38 p.1 ENDORSED 1534311 PILE D In Co °Oleo of As Sorrow? of SKIM a rho 5fo1s al California ARTICLES OF INCORPORATION OF SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, INC. JUN 1 3 gm WM Fie et sews-yam I. The name of this corporation is SISTER CITY ASSOCIATION OF HUNTINGTON BEACH, INC. A. This corporation is a nonprofit public benefit corporation and is not organized for the private gain of any person. It is organized under California nonprofit public benefi t corporation law for public and charitable purposes. B. The specific purpose of this corporation is to promote goodwill and fellowship through cultural exchanges between the City of Huntington Beach and other cities outside the United States of America. The name and address of this corporation's initial agent for service of process is Mr. Sherwood Bailey, 5641 Marshall Drive, Huntington Beach, California 92649. HB -273-Item 18. - 39 IV. The name of the unincorporated association which is being incorporated is Sister City Association of Huntington Beach. V. The unincorporated association whose name is set forth in Article IV of the Articles of Incorporation is being incorporated by the filing of these Articles. VI. A. This corporation is organized and operated exclusively for public and charitable purposes within the meaning of Section 501 (c) (3) of the Internal Revenue Code. Notwithstanding any other provision of these Articles, the corporation shall not carry on any other activities not permitted to be carried on by a corporation exempt from federal income tax under section 501 (c) (3) of the Internal Revenue Code. B. No substantial part of the activities of this corporation shall consist of carrying on propoganda, or otherwise attempting to influence legislation, and the corporation shall not participate nor intervene in any political campaign (including the publishing or distribution of statements) on behalf of any candidate for public office. p.1 -2- HB -274-Item 18. - 40 December 9, 1985 DATED: p.1 VIII. The property of this corporation is irrevocably dedicated to public and charitable purposes and no part of the net income of assets of this corporation shall ever incurr to the benefit of any director, officer or member thereof or to the benefit of any private person. Upon the dissolution or winding up of the corporation, its assets remaining after payment, or provisions for payment, of all debts and liabilities of the corporation shall be distributed to a nonprofit fund, foundation or corporation which is organized and operated exclusively for charitable purposes and Which has established its tax exempt status under section 501 (c) (3) of the Internal Revenue Code. I hereby declare that I am the person who executed the foregoing Articles of Incorporation, which execution is my act and deed. 0885L HB -275-Item 18. - 41 p.1 IMEIESEMEMIIMENNI OFFICE OF THE SECRETARY OF STATE I, MARCH FONG EU, Secretary of State of the State of California, hereby certify: That the annexed transcript has been compared with the record on file in this office, of which it purports to be a copy, and that same is full, true and correct. IN WITNESS WHEREOF, I execute this certificate and affix the Great Seal of the State of California this Secretary of State SEc/SrATE FORM c g-107 85 37540 HB -276-Item 18. - 42 Dept. ID ED 19-29 Page 1 of 3 Meeting Date: 11/6/2017 Statement of Issue: The City Council is asked to terminate the Sub-License Agreement with Beach Cities Interfaith Services, Inc. (BCIS) effective January 8, 2018. The City entered into the Sub-License Agreement (Agreement) on October 14, 2013, for a five (5) year term. Financial Impact: Not applicable. Recommended Action: Approve the termination of the “Sub-License Agreement By and Between the City of Huntington Beach and Beach Cities Interfaith Services, Inc.” effective January 8, 2018, and direct staff to work with BCIS in clearing the site. Alternative Action(s): Do not terminate the Agreement and direct staff accordingly. Analysis: Prior to 2013, BCIS was located at the Main Street Library facility. However, in January 2013, the City Council approved the termination of the Facility Use Agreement with BCIS for the former use of the Main Street Library facility. The termination was due to the incompatibility of uses at the facility between those seeking assistance from the BCIS food bank and the library’s patrons. When the Facility Use Agreement with BCIS was terminated at the Main Street Library, BCIS was closed for seven (7) months. During that timeframe, the local churches stepped in and provided services to the former BCIS clients. These services were decentralized, which did not create a single location for individuals to congregate. The City then entered into an Agreement with the County of Orange for the use of the property located at 18131 Gothard Street (Gothard Landfill) and entered into a Sub-License Agreement with BCIS. The City paid all permit fees for the approval of a food bank use and building inspections totaling over $11,500. After securing the approvals, BCIS opened for service in October 2014. Overview BCIS provides a variety of services to the homeless and those nearing homelessness, including monthly groceries, utility assistance (United Way), hygiene items, gas cards, bus passes, and clothing. The goal of BCIS is to provide “compassionate, faith-based service to all in need.” As CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Office of Business Development SUBJECT: Termination of Sub-License Agreement by and between the City of Huntington Beach and Beach Cities Interfaith Services, Inc. (BCIS) for use of City-Licensed Property located at 18131 Gothard Street HB -277-Item 19. - 1 Dept. ID ED 19-29 Page 2 of 3 Meeting Date: 11/6/2017 such, the focus is on providing basic daily necessities that may naturally attract homeless to the area to receive those services. Over the past three years, there has been a substantial increase in incidents in the surrounding area of the BCIS location (Central Park, Sports Complex, and Library). This increase has been over-and-above the number of homeless individuals in other areas of the City (beach, storm channels, and various parks). The increase in homelessness has had an impact on the Police Department, Community Services, Library, Fire, and Public Works. The following increases to calls for City services have occurred since 2013 in the Central Park area: o 92% increase in Police calls from 2013 to 2016 o 84% increase in Emergency calls from 2013 to 2017 o 31% increase in Police reports taken for the area from 2013 to 2016 o 44% increase in Auto Theft o Nine illegal fires near homeless encampments responded to by the Fire Department o Multiple medical responses by Fire (excessive alcohol/drug use/medical reasons) o Library has had 155 recorded incidents in 2015-2016, including major vandalism, overdoses in restrooms, two assaults on staff members by homeless, indecent exposures/sexual acts, and theft o Loss of Sports Complex/Central Park bathrooms due to homeless sleeping in the stalls, tampering with locks, vandalism, and graffiti o Public Works has spent $55,884 in FY 16/17 in Homeless Encampment clean-ups in the area o On-going replacement of sprinkler irrigation due to vandalism, turf replacement required after damage As noted by all five departments, these incidents strain limited resources needed to provide services throughout the entire community. Existing Community-Based Services There are 15 churches that provide food, bus passes, clothing, and other services. In addition, there are many non-profits working with the homeless including Build Futures, Off the Streets, Colette’s Children’s Home, Coast to Coast, Veteran’s Outreach, Huntington Beach Youth Shelter, Project Self Sufficiency, Mercy House, and Interval House. Existing City Services The City has created a Huntington Beach Homeless Task Force (HTF), which consists of two full- time Homeless Police Liaison Officers, a part-time Homeless Coordinator, and a part-time Homeless Case Manager to assist in addressing issues related to homelessness. To further enhance these efforts, a second part-time Case Manager is being recruited. Over the past 10 months, the Coordinator/Case Manager has had contact with 125 individuals, which have led to 29 being housed or relocated. The HTF has been responsible for 51 individuals being housed or relocated this year. Staff provides assistance to the homeless, including job applications, resumes, apartment searching, connecting individuals with resources, social security disability applications, ordering social security cards, connecting people to mental heath services, and other life skills. The Coordinator and Case Manager also work closely with the County of Orange and 2-1-1 to make sure that our homeless are surveyed (VI-SPDAT) and are on the housing list. Through the Coordination of Efforts (six-months) with 2-1-1 Huntington Beach homeless results are as follows: o 16 have been housed through Continuum of Care – VI-SPDAT HB -278-Item 19. - 2 Dept. ID ED 19-29 Page 3 of 3 Meeting Date: 11/6/2017 o 55 are document ready, waiting to be placed o 31 are assessed and are getting documentation ready In addition, a Volunteer Program has been established, which works with community volunteers that want to be a friend and mentor to assist someone experiencing the challenges of being homeless. There are 13 volunteers who will have signed up for the mentorship program and some of the volunteers conduct active outreach on Tuesdays. The goal is to pair the volunteers with currently homeless and newly housed individuals to assist them with navigating services, self- sufficiency, and life skills. Further, Staff works with Interval House and Mercy House on the Tenant Based Rental Assistance (TBRA) programs, which assist in rapid re-housing, Housing First, and temporary assistance for those nearing eviction. Over the last year they have assisted 58 households and an additional 31 households have graduated to self sufficiency. The City Council Homeless Sub-Committee has met over the last six months and has focused on potential housing, homeless services, and coordination with the County of Orange and surrounding cities. The Sub-Committee will be providing an update regarding homelessness in the near future. City Net Study Findings The City contracted with City Net to conduct a study of the status of homelessness in Huntington Beach. The report was completed in October 2014. City Net did not recommend a centralized service center, based on the “abundance of assets in the Huntington Beach nonprofit and faith community, we recommend that Huntington Beach invest in coordinating these resources without aggregating them or investing in heavy infrastructure. Keeping the services decentralized, but linking them structurally to lead to permanent solutions (such as housing) for homeless neighbors, thus working to end homelessness in Huntington Beach as opposed to managing the problem through continual service provisions. These will aggregate homeless neighbors into one geographic location, and will potentially create a perceived or real “magnet effect” wherein homeless people from outside Huntington Beach will go there to avail themselves of services.” Given the availability of other resources and non-profits in the area that offer a multitude of services, it is recommended that the Sub-Lease Agreement be terminated effective January 8, 2018. The City, through its Homeless Task Force and all Departments, will help address the complicated issues posed by homelessness. Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): None HB -279-Item 19. - 3 CITY OF HUNTINGTON BEACH Inter-Department Communication Community Development Department TO: Honorable Mayor Delgleize and City Councilmembers VIA: Fred A. Wilson, City Manager FROM: Scott Hess, AICP, Director of Community Development DATE: November 1, 2017 SUBJECT: NOVEMBER 6, 2017 CITY COUNCIL MEETING - REQUEST FOR CONTINUANCE OF CONDITIONAL USE PERMIT NO. 13-022 AND COASTAL DEVELOPMENT PERMIT NO. 13-008 ______________________________________________________________________________ On the November 6, 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 November 1, 2017, the applicant’s representative filed a request to continue the item to the February 20, 2018 City Council meeting (Attachment No. 1). Staff is recommending continuance of the item and will re-notice the public hearing for the requested date. Recommended Action: Continue Appeal of Conditional Use Permit No. 13-022 and Coastal Development Permit No. 13-014 to the February 20, 2018 City Council meeting at the applicant’s request. xc: Jane James, Planning Manager Tess Nguyen, Associate Planner HB -280-Item 20. - 1 Dept. ID CD 17-012 Page 1 of 9 Meeting Date: 11/6/2017 Statement of Issue: Transmitted for your consideration is an appeal of the Planning Commission’s denial of Variance No. 17-003, which represents a request from Mr. Joseph Santiago for six variances to deviate from the following requirements of the Huntington Beach Zoning and Subdivision Ordinance: (1) minimum required side yard building setback, (2) maximum permitted building height within the rear 25 feet of a lot, (3) maximum permitted lot coverage, (4) minimum required side yard roof eave setback, (5) minimum dimensions for a parking space, and (6) maximum enlargement of a nonconforming structure. These deviations are requested to allow for the relocation of a historic single-family structure, currently being stored by the owner, to a property located at 506 7th Street. Essentially, the historic structure will be attached to an existing structure at 506 7th Street. The Planning Commission’s denial of the six variances was subsequently appealed to the City Council by Mr. Santiago, and originally scheduled for a City Council public hearing on October 2, 2017. However, following the distribution of public notices Mr. Santiago twice requested the hearing be continued to the next regularly scheduled Council meeting. The Planning Commission and staff are recommending denial of the variances with findings. Financial Impact: Not applicable. Planning Commission and Staff Recommendation: Deny Variance No. 17-003 which contains six requested variances to deviate from the HBZSO with suggested findings for denial (Attachment 1). Alternative Action(s): The City Council may make the following alternative motion(s): A) Approve Variance No. 17-003 with suggested findings and conditions for approval (Attachment 2), which includes a requirement to eliminate the proposed subterranean level; and CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 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: Deny Variance No. 17-003 (Santiago Appeal), which represents a request to deviate from several Zoning Code development standards to accommodate the relocation of a historic single-family residence to property located at 506 7th Street (continued from the October 2, 2017 and October 16, 2017 City Council meetings) HB -281-Item 21. - 1 Dept. ID CD 17-012 Page 2 of 9 Meeting Date: 11/6/2017 find the proposed project exempt from the California Environmental Quality Act. (Original Recommendation from Planning Commission Staff Report dated June 27, 2017); or B) Approve Variance No. 17-003, as proposed by the applicant, with modifications to suggested findings for approval and deletion of suggested conditions 1.a. and 1.b. (Attachment 2); and find the proposed project exempt from the California Environmental Quality Act. (Applicant / Appellant Request); or C) Continue Variance No. 17-003 and direct staff accordingly. Analysis: A. PROJECT PROPOSAL: Property Owner / Applicant / Appellant: Joseph D. Santiago Location: 506 7th Street, 92648 (southeast side of 7th Street, and northeast of Pecan Avenue) Variance No. 17-003 is a request, pursuant to Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)1, for the following six variances which are deviations from development standards applicable to dwellings in the RMH-A (Medium-High Density Residential – Small Lot) zoning subdistrict. For a visual representation of these proposed deviations, refer to Attachment 6. 1. Reduced side yard setback: To permit a 2.5-foot building setback from the northern side yard lot line, and a 3-foot building setback with a 1.33-foot bay window (containing habitable floor area) setback from the southern side yard lot line in lieu of the minimum 3.15-foot setback required for a side yard pursuant to HBZSO Section 210.06(G)(1). This will result in building wall setbacks that are less than the required setback by 0.65 feet (north) and 1.82 feet (south). 2. Increased dwelling height: To permit a dwelling that is 34.43-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit permitted in the rear 25 feet of the lot pursuant to HBZSO Section 210.06(M)(2)(c). This will result in a dwelling that exceeds the permitted height limit in the rear 25 feet of the lot by 9.43 feet. 3. Increased lot coverage: To permit a building that covers 61.03 percent (2,220.82 square feet) of the 3,622.5-square-foot lot (after 2.5-foot dedication for alley widening) in lieu of the maximum 50-percent (1,811.25 square feet) lot coverage permitted pursuant to HBZSO Section 210.06(C). This will result in lot coverage that exceeds the maximum by 11.03 percent (409.57 square feet). 4. Reduced roof eave setback: To permit a six-inch roof eave setback from the northern side yard lot line, and a 12-inch roof eave setback from the southern side yard lot line in lieu of the 30- inch roof eave setback required for a side yard pursuant to HBZSO Section 230.68. This will result in roof eave setbacks that are less than the required setback by 24 inches (north) and 18 inches (south). 5. Reduced parking space dimensions: To permit a parking stall width of eight feet in lieu of the required residential parking stall width of nine feet pursuant to HBZSO Section 231.14. This will result in two parking spaces that are one foot less than the required width. 6. Increased enlargement of a nonconforming structure: To permit an area of enlargement to a nonconforming structure that is 283-percent (3,660 square feet) of the area of a structure as it currently exists (1,296.11 square feet) in lieu of the maximum permitted area of enlargement of 1The Planning Commission shall act on all variances exceeding 20-percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements in accordance with HBZSO Section 241.04. HB -282-Item 21. - 2 Dept. ID CD 17-012 Page 3 of 9 Meeting Date: 11/6/2017 50-percent (648 square feet) pursuant to HBZSO Section 236.06(E). This will result in a 233- percent (3,012-square-foot) increase in the permitted area of enlargement to a nonconforming structure. These variances are requested to allow the proposed relocation of a historic single-family structure from property located at 428 7th Street to property located at 506 7th Street. When the property at 428 7th Street was sold to a new owner, the historic structure was removed from the lot by the applicant and placed into storage. The applicant intends to preserve the structure in the original neighborhood in which it was built. For more information, refer to the project narrative submitted by the applicant (Attachment 5). The property at 506 7th Street is currently developed with a single-family dwelling and detached one-car garage. To accommodate the relocation, the garage is proposed to be demolished and a new living room, bathroom, laundry room, and three-car garage are proposed in its place at the rear of the lot. This new building area will be attached to the existing dwelling through a new hallway. In addition, the proposed three-car garage is designed with two levels. Two garage parking spaces are proposed at grade level, and one is proposed in a subterranean level accessed via a ramp in the garage. The historic dwelling is proposed to be placed atop the new building area, resulting in a structure that will be three-stories high. Minimal modifications to the exterior design of the historic structure are required to attach the existing and proposed structures through the new hallway. However, several modifications to the interior of the historic dwelling are proposed. These modifications include converting the porch into a balcony, kitchen into a wet bar room, office into a bathroom, and a bedroom into a bathroom. The resulting floor plan layout will overall function as one single dwelling unit with a kitchen, dining room, two living rooms, billiard room, wet bar room, laundry room, six and a half bathrooms, four bedrooms, a three-car garage, and approximately 380 square feet of storage area in the subterranean level. PROPOSED ARRANGEMENT OF STRUCTURES ON SITE B. BACKGROUND: The historic structure is a wood-frame, two-story, single-family structure designed in the Colonial Revival architectural style (see photographs of structure) in 1905. In 1986, the Huntington Beach Historical Society embarked on a survey of the City’s historic resources in downtown and the surrounding areas. The survey results identified the structure at 428 7th Street as a locally important historic structure due to its architectural significance (Attachment 12). From 2008 to 2012, the City and Historic Resources Board updated and expanded the 1986 survey to include a study of all potentially significant buildings within the entire City. The updated survey identified a list of 257 historic landmarks in the City. The structure formerly located at 428 7th Street remains on this list. A Existing Dwelling B Relocated Historic Structure C New Building Area D New Subterranean Level ALLEY STREET A B C D HB -283-Item 21. - 3 Dept. ID CD 17-012 Page 4 of 9 Meeting Date: 11/6/2017 Mr. Santiago has indicated the historic structure was home to a prominent figure in the City’s development, Mr. John N. Hearn. Listed below are some of Mr. Hearn’s accomplishments, which were provided by the applicant: - Civil war veteran - Built the second house in Huntington Beach on 46 acres in 1902 - Brought the Methodist Church Tabernacle and Convention Grounds to Huntington Beach with Judge Warner and Matthew Helme in 1905 - Brought the Grand Army of the Republic, and the Temperance Union to the Methodist Convention Grounds - Established the Huntington Beach Grand Army of the Republic chapter in 1908 - Established the Masons Lodge in Huntington Beach - Worked for and voted for Huntington Beach cityhood - Established a mortgage lending business for city lots before banks were established in Huntington Beach PHOTOGRAPHS OF THE HISTORIC STRUCTURE C. PLANNING COMMISSION MEETING AND DETERMINATION: On June 27, 2017, the Planning Commission held a public hearing and considered Variance No. 17-003. Notice of this hearing was mailed on June 15, 2017 (at least 10 days prior to the public hearing) to all owners of real property within 500 feet of the subject property in accordance with HBZSO Section 248.04 and California Government Code Section 65091. Staff presented an overview of the requested variances, and a recommendation to approve the variances and project subject to the condition that the proposed subterranean level is eliminated (Attachment 8). Prior to the public hearing, 16 individuals submitted written comments in opposition to the requested variances (Attachment 9); and during the public hearing, a total of 22 individuals spoke in opposition. The following is a summarization of the comments received: HB -284-Item 21. - 4 Dept. ID CD 17-012 Page 5 of 9 Meeting Date: 11/6/2017 - The subject lot appears too small to accommodate the historic structure. - There are concerns regarding fire safety, and limited access for first responders. - During heavy rains, reduced eave setbacks may increase risk of flooding on neighboring property. - The historic structure will not likely be visible from the street. - A historic structure should be preserved on its original lot, and should not be relocated. - There are doubts Mr. Santiago will complete the subject project in a timely and quality manner based upon his prior experience with a similar project at 403 10th Street. - Consideration should be given to quality of life for neighbors. - The residents that attended the public hearing all live in the immediate vicinity of the project site, and are directly affected by the proposed project. - There is suspicion the property owner’s objective is to construct a larger dwelling unit for rental income, rather than preserve a historic structure. - The proposed project will likely bring transients, add traffic, and exacerbate parking problems in the neighborhood. - The design of the floor layout appears to facilitate conversion of the dwelling into independent residential rental units. - The increased building height will likely establish a “tunnel” in the alley. - The Design Review Board should have reviewed the project. - Belief there is no precedence for variances of the same type in the neighborhood. - The historic structure does not appear to aesthetically complement the existing house. During the public hearing, Mr. Santiago made the following comments in response to the recommended action from staff, and comments from residents in the community (Attachment 10). The former property owner also spoke in favor of the proposed project. The following is a summary of the comments: - The subject site will eventually be developed, and he believes it would be better developed with a historic structure rather than a new home. - Based upon the number of responses received relative to the number of public notices distributed, he believes there is a great amount of support for the project. - The project will comply with requirements of the State historic building code and fire code. - The project includes the provision of ample parking. - The dwelling will not be converted into a boarding house. - He believes granting the requested variances will not result in a special privilege because any individual may request and receive similar variances for a similar project. - The prior project at 403 10th Street is not the subject of review. - He believes the house at 403 10th Street is not dilapidated, nor is it a fire hazard. - He believes all code enforcement violations on his prior project have been addressed. - By recommending against the subterranean level (see the original recommendation in Attachment 8), he believes staff is acting contrary to the General Plan Historic Element. Following the public hearing, the Planning Commission discussed fire safety, site access for first responders, eave depth, roof drainage during heavy rains, the number of parking spaces, garage ramp slope, enforcement remedies, code violations, neighborhood compatibility of the structure, neighborhood compatibility of the use, the establishment of special privilege for variances in the neighborhood, the lack of separation between buildings, and visibility of the historic structure. Commissioner Scandura made a motion, which was seconded by Commissioner Kalmick, to deny Variance No. 17-003. The motion was amended by Commissioner Scandura, and seconded again by Commissioner Kalmick, to identify additional specific findings for denial (Attachment 7). The motion carried by the following vote: HB -285-Item 21. - 5 Dept. ID CD 17-012 Page 6 of 9 Meeting Date: 11/6/2017 AYES: Ray, Garcia, Crowe, Mandic, Kalmick, Scandura, Grant NOES: None ABSENT: None ABSTAIN: None D. APPEAL: On July 7, 2017, the project applicant, Joseph Santiago, filed an appeal of the Planning Commission’s denial with the City Clerk. As stated in the letter of appeal (Attachment 3), Mr. Santiago believes the “findings are not correct and were based on a misunderstanding of the project scope and a similar misunderstanding of historic code – both State code and local historic provisions.” The appeal was scheduled to be reviewed by the City Council at a duly noticed public hearing on October 2, 2017. On September 25, 2017, prior to the public hearing, Mr. Santiago filed a request to continue the hearing to the next regularly scheduled City Council meeting on October 16, 2017 (Attachment 13). In accordance with the request, the Council continued the item to the next meeting. On October 10, 2017, prior to the public hearing, Mr. Santiago filed a second request to continue the hearing to the next regularly scheduled City Council meeting on November 6, 2017 (Attachment 14). In accordance with the request, the Council continued the item to the next meeting. E. STAFF ANALYSIS AND RECOMMENDATION: Staff originally recommended approval of the requested variances, with a modification to eliminate the proposed subterranean level, because: (1) granting the requested variances would not amount to a special privilege since variances have been approved for other historic structures in the surrounding RMH-A subdistrict; (2) the unique cluster of historic buildings in the vicinity presents a special circumstance that is compatible with the subject historic structure; and (3) the General Plan encourages the preservation and restoration of historic structures. For complete details refer to the Planning Commission staff report (Attachment 8). However, during the public hearing members of the Commission and community offered new information that caused staff to reconsider this original recommendation. Staff’s original evaluation considered variances approved on property with historic structures in the general “vicinity” of the subject property. The general vicinity included the area bounded by Palm Avenue, Walnut Avenue, Goldenwest Street, and 6th Street, as identified below (left). During the hearing, the Commission considered only those historic structures located in the immediate vicinity of the project site along 7th Street, as identified below (right). HB -286-Item 21. - 6 Dept. ID CD 17-012 Page 7 of 9 Meeting Date: 11/6/2017 NEIGHBORHOOD BOUNDARIES HISTORIC STRUCTURES IN THE IMMEDIATE VICINITY Specifically, the Commission focused on historic structures located at 504 7th Street and 510 7th Street, which have been improved and remodeled without the need for variances. Only a Waiver of Development Standards was approved in 2013 (through Administrative Permit No. 13-014) to allow 55 percent lot coverage in lieu of the maximum allowed 50 percent lot coverage for an addition to an existing historic single-family residence at 510 7th Street. A Waiver of Development Standards is different from a Variance, as seen below. Therefore, the Commission determined no variances have been approved to accommodate a historic structure in the vicinity of the project site. WAIVER OF DEVELOPMENT STANDARDS V. VARIANCES WAIVER OF DEVELOPMENT STANDARDS VARIANCES For Deviations from Development Standards Up to 10% Greater than 10% Public Hearing Required No Yes Required Findings (or Criteria for Approval) Such a waiver improves project design - The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. - Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. - The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. - The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. Decision Authority Community Development Director Zoning Administrator or Planning Commission HB -287-Item 21. - 7 Dept. ID CD 17-012 Page 8 of 9 Meeting Date: 11/6/2017 Initially, staff also considered preservation of the historic structure a priority, given the historic context of the neighborhood and General Plan policies encouraging historic preservation. Staff believed public welfare would have been served by preserving the historic structure in its original neighborhood, especially since so many of these structures have been demolished. During the hearing, the Commission weighed the preservation of the historic structure at 506 7th Street against the requested deviations from development standards, and concluded the deviations would be detrimental to public welfare. Reduced side yard setbacks, increased building height, and increased lot coverage would especially have a negative effect upon neighboring properties by decreasing light and ventilation between structures, increasing the likelihood of roof drainage onto adjoining properties, and increasing building bulk and massing. Essentially, the preservation and relocation of the historic structure from a corner lot that is 50 feet wide to an interior lot that is 31.5 feet wide would result in a dwelling that is disproportionately large relative to the size of the lot. Therefore, it was determined that the proposed structure with variances from six development standards would be incompatible with residences on similarly sized lots in the neighborhood, and that outweighed the preservation of the historic structure at 506 7th Street. Based upon this new information, staff now believes granting the requested variances would amount to a special privilege detrimental to public welfare that does not merit preserving the structure at the proposed location. Therefore, staff concurs with the Planning Commission determination, and is now recommending denial of the six requested variances. The historic structure would be better suited on a site that is similar in dimensions and size to the lot it previously inhabited at 428 7th Street. Such a site would comfortably accommodate the structure without the need for numerous and excessive variances from development standards. Environmental Status: Pursuant to Section 15270 of the CEQA Guidelines, the provisions of CEQA do not apply to projects which a public agency rejects or disapproves. However, if approved, the project is exempt from further CEQA analysis for the following reasons. - The proposed project is Categorically Exempt from the provisions of CEQA pursuant to Section 15301, Class 1 (Existing Facilities), because the project involves an addition to an existing structure that will not result in an increase of more than 10,000 square feet in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. - The proposed project is also Categorically Exempt from the provisions of CEQA pursuant to Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), because the project involves maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. Strategic Plan Goal: Improve quality of life Attachment(s): 1. Suggested Findings for Denial – Variance No. 17-003 2. Alternative Action A – Suggested Findings and Conditions 3. Letter of Appeal from Joseph Santiago dated July 7, 2017 4. Architectural Plans Received and Dated June 6, 2017 5. Project Narrative Received and Dated June 5, 2017 6. Proposed Deviations from Development Standards HB -288-Item 21. - 8 Dept. ID CD 17-012 Page 9 of 9 Meeting Date: 11/6/2017 7. Planning Commission Notice of Action dated June 29, 2017 8. Planning Commission Staff Report dated June 27, 2017 9. Written Correspondence in Opposition 10. Written Correspondence in Favor from the Applicant dated June 27, 2017 11. Code Requirements Letter Dated March 11, 2017 (for informational purposes only) 12. Historic Resources Inventory Prepared July 1986 13. Entitlement Continuance Request from Joseph Santiago dated September 25, 2017 14. Entitlement Continuance Request from Joseph Santiago dated October 10, 2017 SH:JJ:CW:kdc HB -289-Item 21. - 9 11/06/2017 ATTACHMENT NO. 1 SUGGESTED FINDING FOR DENIAL VARIANCE NO. 17-003 1. The granting of Variance No. 17-003 for (1) a 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback; (2) a dwelling that is 34.43-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit; (3) a building that covers 61.03 percent (2,220.82 square feet) of the lot in lieu of the maximum permitted 50-percent lot coverage; (4) a six-inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback; (5) a parking stall width of eight feet in lieu of the minimum required width of nine feet; and (6) a 283-percent (3,660 square feet) increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50- percent area of enlargement to a nonconforming structure will constitute a grant of special privilege inconsistent with limitations upon other properties in the immediate vicinity and under an identical zone classification. Properties in the vicinity located at 504 7th Street and 510 7th Street are developed with historic single-family residences that have been improved and remodeled without the need for variances. Only a Waiver of Development Standards was approved in 2013 (through Administrative Permit No. 13-014) to allow 55 percent lot coverage in lieu of the maximum allowed 50 percent lot coverage for an addition to an existing historic single-family residence at 510 7th Street. A Waiver of Development Standards is subject to a single finding that is less rigorous than findings required for a Variance. Therefore, no other Variances have been approved for other properties in the immediate vicinity to accommodate another historic structure in the vicinity of the project site. Granting the requested variances would amount to a special privilege. 2. The granting of Variance No. 17-003 will be materially detrimental to the public welfare or injurious to property in the same zone classification. The 26-foot-wide historic structure previously occupied a corner lot that is 50 feet wide. The proposed relocation of this structure to a smaller interior lot that is 31.5 feet wide will result in a dwelling that is disproportionately large relative to the size of the lot. As a result, the single-family residence would be incompatible with the surrounding neighborhood. The historic structure would be better suited on a site that is similar in dimensions and size to the lot it previously inhabited at 428 7th Street. Such a site would comfortably accommodate the structure without the need for numerous and excessive variances from development standards. Granting reduced building and roof eave setbacks will also be detrimental to property directly adjoining the subject lot. Generally, development standards such as minimum setbacks, maximum height, and maximum lot coverage serve to preserve light and ventilation between structures, minimize roof drainage onto adjoining properties, reduce building bulk and massing, and contribute to the general attractiveness of a property. Therefore, a significant reduction in the required side yard setbacks along with increases in building height and lot coverage will substantially reduce these intended benefits, and result in negative effects upon neighboring properties. HB -290-Item 21. - 10 11/06/2017 ATTACHMENT NO. 2 ALTERNATIVE ACTION A SUGGESTED FINDINGS AND CONDITIONS FOR APPROVAL OF THE PROPOSED PROJECT, WHICH INCLUDES A REQUIREMENT TO ELIMINATE THE PROPOSED SUBTERRANEAN LEVEL VARIANCE NO. 17-003 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds the project will not have a significant effect on the environment, and is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities), because the project involves an addition to an existing structure that will not result in an increase of more than 10,000 square feet in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The City Council further finds the project is also Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), because the project involves maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. SUGGESTED FINDINGS FOR APPROVAL –VARIANCE NO. 17-003: 1. The granting of Variance No. 17-003 for (1) a 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback; (2) a dwelling that is 34.427-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit; (3) a building that covers 61.03 percent (2,220.82 square feet) of the lot in lieu of the maximum permitted 50-percent lot coverage; (4) a six-inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback; (5) a parking stall width of eight feet in lieu of the minimum required width of nine feet; and (6) a 240 percent (3,107 square feet) increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50- percent area of enlargement to a nonconforming structure, will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Other properties within the neighborhood have been granted variances to setbacks, and standards for height to facilities the restoration and preservation of historic structures. For example, variances were approved to facilitate the relocation of a historic single-family dwelling to property located at 403 10th Street. This historic dwelling was the home of the first mayor of Huntington Beach, Ed Manning. Also, the former Hotel Evangeline at 421 8th Street was granted variances to foster its preservation. Therefore, granting the requested variances will not constitute a grant of special privilege because variances have been approved for the preservation of different historic structures in the neighborhood. HB -291-Item 21. - 11 11/06/2017 2. Because of special circumstances in the surrounding neighborhood, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The historic resources survey identifies 86 historic structures in the subject RMH-A zoned neighborhood. Compared with other neighborhoods in the City, this specific neighborhood includes the greatest number of historically significant properties. In the immediate vicinity of the project site are four properties developed with historic structures (427, 504, 510 and 514 7th Street). Due to high property values, the structures in this neighborhood are extremely vulnerable to change and redevelopment. Approximately 17 of the historic structures in this neighborhood have been demolished according to records in the Building Division. Granting variances to facilitate preservation of the subject historic structure in its original neighborhood and on its original street will conserve a cluster of buildings in the area that present a distinguishable collection of architectural styles prevalent in the history of the City’s development. Therefore, precluding the preservation of the subject historic resource through strict application of the zoning ordinance would deprive the subject property and other properties in the vicinity the privilege of understanding the history of the community through its historic structures. 3. The granting of variances is necessary to preserve the enjoyment of one or more substantial property rights. Consistent with the General Plan, the owner has a substantial right to preserve a locally designated historic resource in the City. Variances are necessary to accommodate its relocation and preserve the enjoyment of such right. 4. The granting of variances will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The proposed dwelling has been reviewed by the Building Division for compliance with the California Building Code, and State Historical Code. The proposed dwelling has also been reviewed by the Fire Division for compliance with the Fire Code. Compliance with these codes will ensure variances from development standards will not be detrimental or injurious. 5. The granting of variances will not adversely affect the General Plan. The General Plan Land Use Map designates the subject property as RMH-25-d (Residential Medium High – Maximum of 25.0 dwelling units per net acre – Special Design Standards). The proposed project is consistent with this designation and the goals and objectives of the City’s General Plan as follows: A. Land Use Element Policy LU 4.2.2 Permit historically significant buildings to vary from standard City codes; providing that the variations do not endanger human life and buildings comply with the State Historical Code. B. Historic and Cultural Resources Element Goal HCR 1 To promote the preservation and restoration of the sites, structures and districts which have architectural, historical, and/or archaeological significance to the City of Huntington Beach. Objective HCR 1.3 Consider the provision of incentives (strategies, assistance, and regulations) for the maintenance and/or enhancement of privately HB -292-Item 21. - 12 11/06/2017 owned historic properties in a manner that will conserve the integrity of such resources in the best possible condition. Policy HCR 1.3.7 Explore alternatives that enable a property owner to sensitively add to the existing structure, or develop an accompanying building on the site that allows property development rights to be realized. Deviation to setbacks, height, parking, and other requirements should be considered to make the preservation of an existing historic building feasible when no other reasonable alternative exists. Policy HCR 1.3.8 Preserve and reuse historically significant structures, where feasible. Granting variances for (1) a 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback; (2) a dwelling that is 34.427-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit; (3) a building that covers 61.03 percent of the lot in lieu of the maximum permitted 50-percent lot coverage; (4) a six-inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback; (5) a parking stall width of eight feet in lieu of the minimum required width of nine feet; and (6) a 240 percent increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50-percent area of enlargement to a nonconforming structure will facilitate the preservation of a locally designated historic single-family residence. It will do so by making possible the relocation of a historic structure from property located at 428 7th Street to property located at 506 7th Street. If not for the proposed relocation, the historic structure would have been demolished. Furthermore, the proposed relocation preserves the structure in the original neighborhood, and on the original street in which it was built; thereby conserving the integrity this resource in the best possible condition. Lastly, the proposed project will comply with the California Building Code, and State Historical Code as discussed previously. Compliance with these codes will ensure variances from development standards will not endanger human life. Therefore, granting the requested variances will be consistent with the goals, objectives, and policies of the General Plan Land Use Element and Historic and Cultural Resources Element. While variances are necessary to facilitate the relocation of the historic structure, variances are not necessary for any new building area unrelated to the historic structure. The applicant proposes a new subterranean level solely as a means to provide additional storage area in the dwelling. However, the new subterranean level is not necessary for the preservation of the historic structure and can be modified to comply with the Zoning Code to a greater extent. Specifically, eliminating the proposed basement level storage and parking reduces the overall size of the nonconforming structure expansion from 3,660 square feet to 3,107 square feet (a reduction of 553 square feet). As a result, the deviation from the maximum permitted enlargement of a nonconforming structure would be reduced by 43 percent. HB -293-Item 21. - 13 11/06/2017 SUGGESTED CONDITIONS OF APPROVAL – VARIANCE NO. 17-003: 1. The site plan and floor plan received and dated June 6, 2017 shall be the conceptually approved design with the following modifications: a. The subterranean level shall be eliminated from the floor plan. b. A three-car garage shall be designed at grade level. c. All garage parking spaces shall have a minimum depth of 19 feet. 2. The historic character and integrity of the historic structure shall be retained through the preservation of distinctive materials, features, finishes, and construction techniques that characterize the architectural style of the structure consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings. 3. Relocation of the historic structure to 506 7th Street shall be subject to all necessary grading permits and building permits. 4. Following the issuance of all necessary permits, the applicant shall demonstrate timely progression (in accordance with most current California Building Code, and Community Development Department policies) toward completing the construction project in conformance with the approved permits and without undue delay or extended gaps in progress. 5. The construction site shall be maintained in a neat and orderly manner, all construction materials and debris shall be stored outside of public view, and the construction site shall be maintained in compliance with Chapter 17.10 Huntington Beach Nuisance Code. 6. The development services departments and divisions (Building, Planning, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the development services departments have reviewed and approved proposed changes for conformance with the intent of the City Council’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. 7. Variance No. 17-003 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 8. The Planning Commission reserves the right to revoke Variance No. 17-003 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance, or Municipal Code occurs. HB -294-Item 21. - 14 11/06/2017 9. Incorporation of sustainable or “green” building practices into the design of the proposed structures and associated site improvements is highly encouraged. Sustainable building practices may include (but are not limited to) those recommended by the U.S. Green Building Council’s Leadership in Energy and Environmental Design (LEED) Program certification (http://www.usgbc.org/DisplayPage.aspx?CategoryID=19) or Build It Green’s Green Building Guidelines and Rating Systems (https://www.builditgreen.org/greenpoint- rated). INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. HB -295-Item 21. - 15 City of Huntington Beach 2000 Main Street • Huntington Beach, CA 92648 (714) 536-5227 • www.huntingtonbeachca.gov 1%3 Office of the City Clerk (21 Robin Estanislau, City Clerk 0 0-co J/7 7 z o r- a, rn rrs 1\1 MI (—) NOTICE OF OF APPEAL TO CITY COUNCIL Appeal of Planning Commission Decision Date: July 7, 2017 To: Community Development Department (Scott Hess & Jane James) City Attorney (Michael Gates) City Council Office (All) Administration (City Manager Fred Wilson & Assistant City Manager Ken Donner) Planning Commission (All) Public Works Department (Director Travis Hopkins) Filed by: Joseph D. Santiago Re: APPEAL of Planning Commission's denial of Variance 17-003 (403— 10 th Street) Date for Public Hearing: TBD Copy of appeal letter attached: Yes Fee collected: $1865.00 Completed by: Patty Esparza, Assistant City Clerk IN ORDER TO MEET A 10-DAY PRE-HEARING ADVERTISING DEADLINE, OUR AGENDA SCHEDULE STATES LEGAL NOTICE AND MAILING LABELS MUST BE RECEIVED IN THE CITY CLERK'S OFFICE 18 DAYS PRIOR TO PUBLIC HEARING DATE *FOR ITEMS THAT REQUIRED EXPANDED ADVERTISING, PLEASE CONSULT WITH THE CITY ATTORNEY'S OFFICE Sister Cities: Anjo, Japan Waitakere, New Zealand HB -296-Item 21. - 16 y-0 fprk 5A-i -clAcc-cD Jo RECEIVED (--103 0 L i ST/Z_EC--7 NM JUL -7 PM 2:03 0/4-rliv6-F6 ki 6E-Pc -cA CA- C TCITY " C( / HUNTINGTON BEACF, I 2-6 ' (-6 LL)6E-k A-ppe-4-c rmf ,ifv(NE_, c_0(‘Aiss(DN (kL (or / - kusT 5FR_ i2-E-Lhx_A-7 -7G-1) (---fm7)(mS 0Ns A- NLLs utDc-/-Lsy,/-Asb(Aic, 00-0 ")G-c---T c_.tDPE AM) A- 51/14/ LA-7- AA(s U (/\ cc- Rts-rb(ac_Co&7=-- c6e LoCA --L RisrolLicc_ PKoontoAf, 1 N-A0 12--E - Oc----T -6-tL ( ) ( Lk) (Lk SObi\-A-0---- frbbeoDopk ofbN1 MoT1 CA -7-/ o.r1 (SEF-- owN Giz - bcctslow o 0 (Pv2-0Peci-1) HB -297-Item 21. - 17 NOTICE OF ACTION June 29, 2017 Joseph D. Santiago 403 10th Street Huntington Beach, CA 92648 SUBJECT: VARIANCE NO. 17-003 (HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION) APPLICANT/ PROPERTY OWNER: Joseph D. Santiago, 403 10th Street, Huntington Beach, CA 92648 REQUEST: To accommodate the relocation of a historic single-family residence, the following variances are requested: (1) a 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback; (2) a dwelling that is 34.427-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit; (3) a building that covers 61.03% of the lot in lieu of the maximum permitted 50% lot coverage; (4) a 6-inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback; (5) a parking stall width of 8 feet in lieu of the required width of 9 feet for two parking spaces; and (6) a 283% increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50% area of enlargement to a nonconforming structure. LOCATION: 506 7 th Street, 92648 (on the southeast side of 7 th Street, and northeast of Pecan Avenue) DATE OF ACTION: June 27, 2017 On Tuesday, June 27, 2017, the Huntington Beach Planning Commission took act i o n o n y o u r application, and your application was denied with findings. Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, t h e a c t i o n taken by the Planning Commission becomes final at the expiration of the appea l p e r i o d . A person desiring to appeal the decision shall file a written notice of appeal to the City C l e r k w i t h i n ten (10) calendar days of the date of the Planning Commission's action. The notic e o f a p p e a l shall include the name and address of the appellant, the decision being appeale d , a n d t h e grounds for the appeal. Said appeal must be accompanied by a filing fee of One T h o u s a n d , Eight Hundred Sixty-Five Dollars ($1,865.00) if the appeal is filed by a single fam i l y d w e l l i n g property owner appealing the decision on his own property and Three Thousand, Fi v e H u n d r e d Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 Phone 714-536-5271 Fax 714-374-1540 www,surfolty-hb.org HB -298-Item 21. - 18 ATTACHMENT NO. 1 FINDINGS FOR DENIAL VARIANCE NO. 17-003 1. The granting of Variance No. 17-003 will constitute a grant of special privilege inconsisten t with limitations upon other properties in the vicinity and under an identica l z o n e classification. Properties in the vicinity located at 504 7 1h Street and 510 7 th Street are developed with historic single-family residences that have been improved and rem o d e l e d without the need for variances. 2. There are no special circumstances applicable to the subject property, including size, s h a p e , topography, location or surroundings. Properties located at 504 7 1h Street and 510 7 th Street are developed with historic single-family residences that have been improved with o u t t h e need for variances. Therefore, the strict application of the zoning ordinance will not d e p r i v e the subject property of privileges enjoyed by other properties in the vicinity an d u n d e r identical zone classification. 3. The granting of Variance No. 17-003 will be materially detrimental to the public welf a r e o r injurious to property in the same zone classification. The historic structure was loca t e d o n a larger 50-foot-wide corner lot and does not fit adequately on the proposed small e r , 3 1 . 5 - foot-wide interior lot. Reduced eave setbacks will cause rain water to fall onto neig h b o r i n g properties, especially during times of heavy rainfall. The Planning Commission further f i n d s that reduced building setbacks may facilitate the spread of a fire onto adjacent st r u c t u r e s and may impede emergency access to the building by first responders. 4. The denial of Variance No. 17-003 is consistent with the General Plan Land Use Polic y 4.2.1, which "Require that all structures be constructed in accordance with the require m e n t s of the City's building and other pertinent codes and regulations; including new, adaptiv e l y r e - used, and renovated buildings." GAPLANNING COMMISSION \ NOA \201716-28-17 VAR 17-003 (Historic Single Family Re s i d e n c e R e l o c a t i o n ) Attachment 1.1 HB -299-Item 21. - 19 OH PLAS PLPG PG PR RAD REQ RD RM REV RWD RO R O REG SCH SECT SIM STD STL STR SUSP TEL TEMP T&G TC TYP TW VTR VERT VT WC WH WT WD WWM WI WS VER P.LN. W.P. EQUIP EX, E. EXP.JT. EXT EQ FOF FOC FS FIN FP FIN. SRF. OVERHEAD PLASTER PLATE PAINT GRADE PAIR RADIUS REQUIRED ROOF DRAIN ROOM REVISED REDWOOD ROUGH ROUGH OPENING REGISTER SCHEDULE SECTION SIMILAR STANDARD STEEL STRUCTURAL SUSPENDED TELEPHONE TEMPORARY TONGUE AND GROOVE TOP OF CURB TYPICAL TOP OF WALL VENT THRU ROOF VERTICAL VINYL TILE WATER CLOSET WATER HEATER WEIGHT WOOD WELDED WIRE MESH WROUGHT IRON WEATHER STRIP VERIFY ON SITE W/OWNER PROPERTY LINE WATERPROOF EQUIPMENT EXISTING EXPANSION JOINT EXTERIOR EQUAL FACE OF FIN FACE OF CONCRETE FACE OF STUD FINISH FIREPROOF FINISH SURFACE FT FTG F.D.C. GI G.I. GA GL GYP GC HDWR HWD HT HC HM HORIZ HB HVAC IN ID INSUL INT INV JT KIT LAV LIN.FT. LINOL LG LAM LT MB MECH MAX MET MIN -NEW NIC N.T.S. NAT OC OPG OD MTR. INFO. H.P. GRD. AB AC, A.C. ACOU AD ADJ FOOT FOOTING FIRE DEPARTMENT CONN GALVANIZED GALVANIZED IRON GAUGE GLASS GYPSUM GENERAL CONTRACTOR HARDWARE HARDWOOD WEIGHT HOLLOW CORE HOLLOW METAL HORIZONTAL HOSE BIBB HEATING VENTING AC INCH INSIDE DIMENSION INSULATION INTERIOR INVERT JOINT KITCHEN LAVATORY LINEAR FOOT LINOLEUM LONG LAMINATED LIGHT MACHINE BOLT MECHANICAL MAXIMUM METAL MINIMUM NOT IN CONTRACT NOT TO SCALE NATURAL ON CENTER OPENING OUTSIDE DIMENSION METER INFORMATION HIGH POINT GRADE ANCHOR BOLT AIR CONDITIONING ACOUSTICAL AREA DRAIN ADJUSTABLE ADJT AL ALT APPROX ARCH ASB ASP ASBO BD BUILD BL BLK BM BOT BED BRK CAB CANT. CB CM CER C.I. CEIL CA CLOS CL CEM CTR COL CONC COND CONN CONST CONT CONTR COR CT CTSK CL C.T. CLR DET DIA DIM DR D.F. D.S. EA ELEC ELEV E., EXIST. ADJACENT ALUMINUM ALTERNATE APPROXIMATE ARCHITECT ASBESTOS ASPHALT AS SELECTED BY OWNER BOARD BUILDING BLOCK BLOCKING BEAM BOTTOM BEDROOM BRACKET CABINET CANTILIVER CATCH BASIN CEMENT CERAMIC CAST IRON CEILING CALKING CLOSET CLEAR CONCRETE MASONRY UNIT COUNTER COLUMN CONCRETE CONDITION CONNECTION CONSTRUCTION CONTINUOUS CONTRACTOR CORRIDOR CENTER COUNTERSUNK CENTER LINE CERAMIC TILE CLEAR DETAIL DIAMETER DIMENSION DRAWING DRINKING FOUNTAIN DOWNSPOUT EACH ELECTRICAL ELEVATION EXISTING WORD ABBREVIATION LIST 3/32"=1'-0" SECURITY ORDINANCE REQUIREMENTSSYMBOLS CONSULTANTS BUILDING STATISTICS VICINITY MAP REVISIONS SITE PLAN 2016: CBC, CEC, CMC, CPC, CRC NO DATE REVISION OF SHT 1 1 NEW CONSTRUCTION ONLY... 1. Sliding glass doors and windows located less than 16 feet above any surface available for use by the public shall be capable of being lockd securely. Movable panels shall not be easily removed from the frame. 2. All swinging doors shall be equiped with a dead bolt with a minimum throw of 1 inch and an embedment od no less than 5/8 inch. 3. The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equiped with a dead bolt. 4. Non-remomvable pins shall be used in pin type hinges which are accessible from the outside when the door is closed. 5. Any glass which is located within 40 inches of the locking device on a door shall be fully tempered, or have approved metal bars, screens or grills. 6. All main or front entry doors to dwellings shall be arranged so that the occupant has a view of the area immediately outside without opening the door. Such view may be provided by a door viewer, a view port, window, or other opening. 7. Exterior wooden doors shall be of solid core construction or shall be covered on the inside face with 16 gauge sheet metal attached with screws at 6 inch on centers around the perimeter. INTERIOR ELEVATION MARKER DETAIL MARKER KEYNOTE MARKER WINDOW TYPE INDICATOR DOOR TYPE INDICATOR DRAWING/DETAIL TITLE BLOCK SECTION MARKER MATCH LINE/DATUM POINT LEGEND RECORDED OWNER/APPLICANT BUILDING OCCUPANCY GROUP R-3, UI TYPE OF CONSTRUCTION- HISTORICAL LEGAL DESCRIPTION A.P. NO. : 024-131-08 LOT: 6 BLOCK: 506 TRACT NO.: A0356 LETTER CORRESPONDS TO COORDINATES ON THE SHEET THAT THE DRAWING APPEARS ON DIRECTION OF VIEW DETAIL LETTER CORRESPONDS TO COORDINATES ON THE BORDER OF THE DRAWING SHEET THAT DETAIL APPEAR ON KEYNOTE NUMBER WINDOW TYPE NUMBER SEE SCHEDULES SHT. A-1 DOOR TYPE NUMBER SEE SCHEDULE SHT. A-1 NAME OF DETAIL NUMBER OF DETAIL DETAIL LETTER CORRESPONDS TO COORDINATES ON THE BORDER OF THE DRAWING DIRECTION OF CUT SHEET THAT SECTION APPEARS ON DATUM POINT A A-1 DETAIL 1 4 1 D-1 1 1 1 DESIGNERS: HARRY A. MONCK 303 CLEVELAND AVE. HUNTINGTON BEACH, CA. 92648 (714)536-6748 PLANNING/DESIGN/MODEL BUILDING SCOPE OF WORK: N 5 2016: EES CAL GREEN APPLICABLE LOCAL CODES SITE TABULATIONS SITE AREA: 117.5' x 31.50' BEFORE DEDICATION 115.0' x 31.50' AFTER DEDICATION 50% MAX COVERAGE (E)HISTORIC LIVABLE SQ. FT. (E)COV. FRONT PORCH SQ. FT. (E)GARAGE SQ. FT.(TO REMOVE) (E)TOTAL BLDNG. COV. BEFORE DED. (N)ADDITIONAL SQ. FT. (N)RELOCATED HISTORIC HOME SQ. FT. (N)HISTORIC HOME SQ. FT. TOTAL (N)TOTAL LIVABLE AREA (N)GARAGE SQ. FT. (N)TOTAL BUILDING. COV. AFTER DEDICATION (N) F.A.R. AFTER DEDICATION EXISTING ZONING = RMH-A = 3701.25 S.F. = 3622.50 S.F. = 1811.25 S.F. = 1296.11 S.F. = 74.00 S.F. = 287.375 S.F. = 1657.48 S.F. = 609.06 S.F. = 1772.44 S.F. = 3068.55 S.F. = 3620.90 S.F. = 1175.00 S.F. = 2220.82 S.F. = 61.3% LOT COV.(VAR.) = .9996 PROPOSED ADDITION FOR: 2 STORY EXISTING RESIDENCE OF: JOE SANTIAGO 506 7TH STREET HUNTINGTON BEACH, CA 92648 PHONE: (714)206-1965 -SUBMITTAL FOR NEWLY RELOCATED HISTORIC RESIDENCE TO BE PLACED ON EXIST PARCEL ABOVE NEW GARAGE ABOVE NEW BASEMENT. -SUBMITTAL FOR ASSORTED VARIANCES TO CITY PLANNING ORDINANCES(SEE VARIANCE MATRIX ON SHEET #2) JOE SANTIAGO 506 7TH STREET HUNTINGTON BEACH, CA 92648 BUILDING CONSTRUCT.: 1905 JOSEPH A. MONCK 956 S. FLORE ST. ANAHEIM, CA. 92802 (714)313-0688 JOEYAMONCK@GMAIL.COM ASSOCIATE - PLANNING & DESIGN SHEET INDEX 5 = TOTAL NUMBER OF SHEETS. NORTH SYMBOLS: INDICATES DIRECTION OF SURFACE SLOPE. MAINTAIN CITY STANDARDS IS TO HAVE ADDITIONAL SQUARE FOOTAGE INDICATES AREA OF RESIDENCE THAT SPECIFIC NOTES 1.USE DIMENSIONS AS SHOWN ON DRAWINGS, DO NOT SCALE DRAWINGS. ANY ON SITE DISCREPANCIES SHALL BE CALLED TO THE IMMEDIATE ATTENTIN OF THE OWNER OR DESIGNER BEFORE PROCEEDING WITH CONSTRUCTION. 2.EXISTING OUTSIDE BUILDING DIMENSIONS INCLUDE EXISTING BUILDING FINISH. (STUCCO) REVISE AN DISCREPANCIES WITH DRAWINGS WITH DESIGNER AND OWNER PRIOR TO CONTINUING CONSTRUCTION. 3.THIS DEVELOPMENT SHALL COMPLY WITH ALL APPLICABLE PROVISIONS OF THE HUNTINGTON BEACH ZONING AND SUBDIVISION ORDINANCE, BUILDING DIVISION AND FIRE DEPARTMENT. 4.THIS DEVELOPMENT SHALL MEET ALL APPLICABLE LOCAL STATE AND FEDERAL FIRE CODES, ORDINANCES AND STANDARDS. 5.AN ENCROACHMENT PERMIT SHALL BE REQUIRED FOR ALL WORK WITHIN CITY RIGHT-OF-WAY, AS/IF APPLICABLE. 6.60% OF ALL BUILDING SPOILS, SUCH AS UNUSABLE LUMBER, WIRE, PIPE AND OTHER SURPLUS OR UNUSABLE MATERIAL, SHALL BE RECYCLED/ DOCUMENTED AT AN OFF-SITE FACILITY EQUIPPED TO HANDLE THEM. PER CAL GREEN 2016 REQUIREMENTS. 7.THIS ADDITION WILL COMPLY WITH THE PROVISIONS OF THE BASE DISTRICT AND OTHER APPLICABLE PROVISIONS IN TITLES 20-25 AND ANY SPECIFIC CONDITION REQUIRED FOR THE PROPOSED USE IN THE DISTRICT IN WHICH IT WOULD BE LOCATED. 1. SITE PLAN, STATISTICS, SYMBOLS, AND NOTES. 2.SITE RADIUS PLAN 3. NEW/EXIST. FLOOR PLAN(S) W/ NOTES. 4. NEW/EXIST. EXTERIOR ELEVATIONS W/ NOTES. 5.NEW/EXIST. SECTIONS W/ NOTES HB -300-Item 21. - 20 PROJECT TITLE:PROJECT LOCATION:BY:REVISIONS DATE SCALE JOB NO. SHEET OF SHEET 1/8" = 1' -0" 2SCALE: 1/8"=1' - 0"SITE RADIUS PLAN 5 956 South Flore St. Anaheim, CA. 92802 Tel: (714)313-0688REMODEL AND ADDITION FOR:JOE SANTIAGOHUNTINGTON BEACH, CA. 92648506 7TH STREET (714)206-1965NORTH SYMBOLS: INDICATES DIRECTION OF SURFACE SLOPE. MAINTAIN CITY STANDARDS IS TO HAVE ADDITIONAL SQUARE FOOTAGE INDICATES AREA OF RESIDENCE THAT VARIANCE MATRIX HBZSO SECT.DESCRIPTION REQUIRED PROPOSED 210.06(G)(1)MIN. SETBACK : SIDE MINIMUM 10% OF LOT WIDTH, NO LESS THAN 3 FEET 3.1 FEET = 10% OF LOT WIDTH NORTH SIDE SETBACK = 2'-6" SOUTH SIDE SETBACK = 1'-4" (EXIST. BAY WINDOW W/ FLR. AREA) 210.06(M)(2)(c)MAX HEIGHT: DWELLING FRONT AND REAR 25' OF LOT ALLOW 25' MAX HEIGHT ALL OTHER LOT AREA IS ALLOWED 35' MAX HEIGHT. 15' OF REAR 25' AREA TO HAVE MAX BUILDING HEIGHT OF 31'-51 8" (SEE PLANS) 210.06(C)MAX LOT COVERAGE(%) 50%COV. BFR. DEDICATION - 60.0% COV. AFTR. DEDICATION - 61.3% 230.68 ALLOWABLE PROJECTS FOR CORNICES, EAVES, AND ORNAMENTAL FEATURES: SIDE YARD 2.5 FEET (A 30" CLEARANCE FROM THE PROPERTY LINE SHALL BE MAINTAINED) EAVES ARE 24" DEEP. A 6" MIN. CLEARANCE FROM SIDE YARD PROPERTY LINES WILL BE MAINTAINED. 231.14 PARKING SPACE DIMENSIONS: STALL WIDTH AND STALL DEPTH 9' x 19'3 ENCLOSED GARAGE PARKING - 8'-4" x 20' 1 SUBTERRANEAN PARKING SPACE - 9'-4" x 19' 236.06(E)ALTERATIONS TO A NONCOMFORMING STRUCTURE OR USE THE AREA OF A NONCONFORMING STRUCTURE IN ANY FIVE YEAR PERIOD SHALL NOT EXCEED 50% OF THE AREA OF THE STRUCTURE AS IT EXISTS ON THE EFFECTIVE DATE OF THE ORDINANCE CODIFIED IN THIS CHAPTER THE EXISTING NONCONFORMING DWELLING IS 1296 SQ. FT. THE PROPOSED ADDITION IS 3,614 SQ. FT. THIS IS A 180% INCREASE IN AREA OF THE EXISTING STRUCTURE 6/5/2017 506 7THHB -301-Item 21. - 21 DN (N) 3-CAR GARAGE SLAB O/GRADE (N)HALL DN (N)INDOOR/OUTDOOR (N)BATH-1 (N)LAUNDRY 16'-10"5'-4"0'-8" 17'-6"25'-6" 44'-0"26'-0"23'-4"1'-4"1'-4"20'-8"23'-4"9'-10"11'-6"5'-0" 5'-0" 0'-4"TYP. 5'-6"16'-212"9'-112"44'-0" 6'-2"TYP. 4'-0" 3'-0"TYP. 1'-4"6'-0"TYP.1'-4"0'-2"0'-2"5'-0"8'-0"6'-0"3'-214"591.00 SQ.FT. 144.68 SQ.FT.4'-3"UP UP 31.50' BACK117.50' SIDE 117.50' SIDE UP 16'-012"8'-1112"23'-4"26'-0"23'-10" 2'-2" (N) SUBTERRANEAN GARAGE SLAB O/GRADE 553.00 SQ.FT.31.50' BACK117.50' SIDE 117.50' SIDE 6" UP 30" UP31.50' FRONT31.50' FRONTLIVING ROOM 3'-0"SET BACK(VAR.)2'-6"SET BACK(VAR.)(E)2'-9"SET BACK(VAR.)(E)5'-0"SET BACK(VAR.)(VAR.) (E)DINING PROP. BILLIARD RM. (E)LIVING PROP. MASTER BEDROOM (E)OFFICE PROP. MASTER BATH (E)PORCH PROP. BALCONY (E)KITCHEN PROP. WET BAR RM. (E)SUN ROOM (9'-4" CEILING) (E)BEDROOM (E)BATH (TO REMAIN) (E)BATH-2(E)BED ROOM-1 (E)DINING ROOM (E)KITCHEN (E)NOOK (E)PARLOR (E)LIVING ROOM (E)PORCH (E)COURTYARD 24" UP 24" UP 4 A 4 A 4 A 4 A 4 AA 4 (ALLEY)(7TH STREET)(ALLEY)(7TH STREET)(E)BEDROOM PROP. MASTER BATH (E)BEDROOM PROP. BEDROOM (E)BEDROOM PROP. MASTER BEDROOM (E)MEZZANINE (E)HALLDN (E)W.C. UP 31.50' BACK31.50' FRONT(ALLEY)(7TH STREET)31.50' BACK31.50' FRONT(ALLEY)(7TH STREET)7'-7"3'-314"6'-0"26'-0"11'-4"9'-11 4"6'-0" 44'-0" 4 A 4 A PROP. DECK PROP. DECK PROP. DECK 25'-4"UPUPDN2'-9"TYP.3'-10"8'-4" TYP.19'-0" TYP.1'-712"(N) 3022 CASED OPENING FOR EMERGENCY EGRESS TO BASEMENT (N) SAFETY RAILING LOC. AT EXISTING PORCH ENTRY UP 4 B 4 B 4 B 4 B 4 BB 4 4 B 4 B UP UPUP 18.25% DN DN DN DN DN 1 2 2 2 457.67 SQ.FT. 3'-4" 3'-0"3'-2"15'-8"4.5" DN. 4.5" DN. PROP. BILLIARD ANNEX 3 18.25%18.25% 18.25%18.25%18.25%18.25%18.25% 15% 10% 15% 10% 19'-0"9'-4"WALL LEGEND/SYMBOL LEGEND REMOVE EXISTING WOOD STUD WALL, TYP. U.N.O. EXISTING ON SITE HISTORICAL WOOD STUD WALL, TYP. U.N.O. (4" AND 6" V.O.S. IF APP.) (E)EXISTING (R)REMOVE PROPOSED 2X STUD WALL, TYP. U.N.O., SEE STRUCTURAL DWGS. W/ R-19 INSULATION AT 2X6 STUDS, R-15 AT 2X4 STUDS) CONTRACTOR TO VERIFY ALL EXT. WALL FINAL THICKNESS W/ EXIST. RECYCLED WINDOW R.O. DEPTH. SEE OWNER WINDOWS. FLOOR PLAN GENERAL NOTES 1. THE BUILDER SHALL PROVIDE THE ORIGINAL OCCUPANT A LIST OF THE HEATING, COOLING, WATER HEATING AND LIGHTING SYSTEM AND CONSERVATION OR SOLAR DEVICES INSTALLED IN THE BUILDING AND INSTRUCTIONS ON HOW TO USE THEM EFFICIENTLY. 2. AFTER INSTALLING INSULATION, THE INSTALLER SHALL POST IN A CONSPICUOUS LOCATION IN THE BUILDING A CERTIFICATE SIGNED BY THE INSTALLER AND THE BUILDER STATING THAT THE INSTALLATION CONFORMS WITH THE REQUIREMENTS OF TITLE 24, PART 6, AND THAT THE MATERIALS INSTALLED CONFORM WITH THE REQUIREMENTS OF TITLE 20, CHAPTER 2, THE CERTIFICATE SHALL STATE THE MANUFACTURER'S NAME AND MATERIAL IDENTIFICATION, THE INSTALLED R-VALUE AND WEIGHT PER SQUARE FOOT. 3. PLANS FOR SINGLE FAMILY DWELLINGS AND DUPLEXES ARE NOT CHECKED FOR PLUMBING, MECHANICAL & ELECTRICAL CODE COMPLIANCE. THESE DISCIPLINES ARE SUBJECT TO FIELD INSPECTION. 4. TWO LAYERS OF GRADE "D" PAPER SHALL BE APPLIED OVER ALL WOOD BASE SHEATHING. 5. GRADING PERMIT AND ROUGH GRADING APPROVAL ARE REQUIRED. A BUILDING PERMIT WILL NOT BE ISSUED UNTIL "ROUGH GRADING" APPROVAL IS OBTAINED FROM THE GRADING INSPECTOR. 7. STRUCTURAL OBSERVATION WILL BE PERFORMED WHEN REQUIRED BY THE BUILDING OFFICIAL. 8.PROVIDE FIRE BLOCKS AND DRAFT STOPS AS REQ'D. 9.DUCTS PIERCING WALL BETWEEN HOUSE LIVING AREA AND GARAGE SHALL BE 26 GA. GAL. SHEET METAL MATERIAL IN THE GARAGE SEAL AT EDGES, AND NO OPENINGS INTO GARAGE. 10.THE MAXIMUM FLOW RATE PER CAL GREEN CODE (SHT GC-1): 11.SHOWERS AND TUB-SHOWER COMBINATIONS IN ALL BUILDINGS SHALL BE PROVIDED WITH INDIVIDUAL CONTROL VALVES OF THE PRESSURE BALANCE, THERMOSTATIC, OR COMBINATION PRESSURE BALANCE/THERMOSTATIC MIXING VALVE TYPE THAT PROVIDE SCALD AND THERMAL SHOCK PROTECTION. (C.P.C. SECTION 418.0) A.WATER CLOSETS:1.28 GAL/FLUSH 2.0 GPM @ 80 PSISINGLE SHOWER HEADS:B. C.LAVATORY FAUCETS:1.5 GPM @ 60 PSI KITCHEN FAUCETS:D.1.8 GPM @ 60 PSI 6.CEMENT, FIBER-CEMENT, FIBER-MAT REINFORCED CEMENT, GLASS MAT GYPSUM OR FIBER-REINFORCED GYPSUM BACKERS SHALL BE USED AS A BASE FOR WALL TILE IN TUB AND SHOWER AREAS AND WALL AND CEILING PANELS IN SHOWER AREA (R702.4.2) 12.CONCRETE SLAB AND UNDER-FLOOR INSPECTIONS SHALL BE MADE AFTER IN-SLAB OR UNDER-FLOOR REINFORCING STEEL AND BUILDING SERVICE EQUIPMENT, CONDUITS, PIPING OR OTHER ANCILLARY BUILDING TRADE PRODUCTS OR EQUIPMENT ARE INSTALLED, BUT BEFORE ANY CONCRETE IS PLACED OR SHEATHING IS INSTALLED, INCLUDING THE SUBFLOOR. (R109.1.1.1) 13.ALL NEW FINISHES ARE OWNER SELECTED - FLOORS, CABINETS, FIXTURES, EXT. 2.0 GPM @ 80 PSIMULTIPLE SHOWER HEADS:C. 1.(N) 20 MINUTE RATED SELF CLOSING MAN DOOR 2.(N) 36" HIGH HAND RAIL 3.(E) WALL TO REMOVE FLOOR PLAN KEYNOTES# WINDOW/DOOR NOTES 1.EGRESS WINDOWS SHALL BE INSTALLED LESS THAN 44" FROM THE FLOOR (MIN. 5.0 SQ. FT. REQUIRED FOR EGRESS WINDOWS PER 2013 L.A.C.B.C., APPROVED BY BUILDING OFFICIAL) 2.ALL NEW WINDOWS/DOORS WITHIN 24" OF FINISH FLOOR TO BE TEMPERED GLASS 3.ALL INTERIOR DOORS TO MATCH EXISTING. 4.VERIFY ALL WINDOWS DIMENSION WITH OWNER PRIOR TO FRAMING OPENINGS. 5.ALL (E)HISTORIC EGRESS WINDOWS 18x18 WITH AT LEAST 3.3 SQUARE FEET CLEAR OPENING. PER CHBC 8-503. WINDOW REFERENCE (EXAMPLE) 5441 D.H. = 5'-4" X 4'-1" 2832 D.H. = 2'-8" X 3'-2" 3741 D.H. = 3'-7" X 4'-1" NEWLY RELOCATED HISTORICAL BUILDING WOOD STUD WALL, TYP. U.N.O. (4" AND 6" V.O.S. IF APP.)PROJECT TITLE:PROJECT LOCATION:BY:REVISIONS DATE SCALE JOB NO. SHEET OF SHEET 956 South Flore St. Anaheim, CA. 92802 Tel: (714)313-0688 1/8" = 1' -0" 3SCALE: 1/8"=1' - 0"NEW/EXIST. FLOOR PLAN 3766.25 SQ. FT. TOTAL LIVABLE AREA 6/5/2017 5REMODEL AND ADDITION FOR:JOE SANTIAGOHUNTINGTON BEACH, CA. 92648506 7TH STREET (714)206-1965NEW BASEMENT 1ST FLOOR 2ND FLOOR 3RD FLOOR 506 7THHB -302-Item 21. - 22 PROJECT TITLE:PROJECT LOCATION:BY:REVISIONS DATE SCALE JOB NO. SHEET OF SHEET 1/8" = 1' -0" 4 5 956 South Flore St. Anaheim, CA. 92802 Tel: (714)313-0688REMODEL AND ADDITION FOR:JOE SANTIAGOHUNTINGTON BEACH, CA. 92648506 7TH STREET (714)206-1965SCALE: 1/8"=1' - 0"NEW/EXIST. EXTERIOR ELEVATIONS XXXX.XX SQ. FT. TOTAL LIVABLE AREA SOUTH ELEVATION RIGHT SIDE NORTH ELEVATION RIGHT SIDE WEST ELEVATION 7TH STREET EAST ELEVATION ALLEY 6/5/2017 506 7THHB -303-Item 21. - 23 PROJECT TITLE:PROJECT LOCATION:BY:REVISIONS DATE SCALE JOB NO. SHEET OF SHEET 1/8" = 1' -0" 5SCALE: 1/8"=1' - 0"NEW/EXIST. SECTIONS XXXX.XX SQ. FT. TOTAL LIVABLE AREA 5 956 South Flore St. Anaheim, CA. 92802 Tel: (714)313-0688REMODEL AND ADDITION FOR:JOE SANTIAGOHUNTINGTON BEACH, CA. 92648506 7TH STREET (714)206-1965SECTION - A SECTION - B SECTION - RAMP SCALE: 1/4"=1' - 0" 6/5/2017 506 7THHB -304-Item 21. - 24 RECEIVED JUN 0 5 2011 Project narrative Dept. of Comrnunity Development Item #16 Variance Application: RMH-A Residential 506 7th Street, Huntington Beach, CA 92648 Project Narrative (a) Description of Project- The 428 7th Street house is a wood frame one story Colonial Revival Craftsman Cottage constructed circa 1905. It is designated by the City of Huntington Beach as a locally important historic structure. The 428 house is currently located in storage approximately 1 mile from 506 7th Street. It's former site was sold for the development of contemporary residences. This project proposes to move the 428 house to 506 7th Street, where it will share the site with an existing smaller Colonial Revival Craftsman Cottage. The 506 house was moved to its current address in 1905 but is believed to be older. It is one of several homes missed by the most recent Historic Resources Survey but clearly should be designated by the City of Huntington Beach as a locally important historic structure. The 428 house is prepared and stabilized to be moved to the rear of the 506 7th Street site. The 506 house is at the front of the site. The 1 car garage at the rear of the site will be demolished to make room for the 428 house and a 3-car garage structure beneath it to satisfy parking requirements. The 428 house will become a second story structure over parking. Combined with the 506 house via an interior hallway, its use will be, as both have been historically, a single-family residence. (b) Reason for Initiation- Variances from the HBZSO for side setbacks (210.06.G.1.), height requirements ((210.06.M.2.c), lot coverage (210.06.C), Projections (eaves) (230.68), parking space dimensions (231.14) and alterations to a non-conforming structure (236.06.E), are required to fit the 428 house on the site without radically changing the historic character or demolishing the historic fabric of the house. These minor variances are all supported by the Huntington Beach General Plan Historic Element, Planning Department policy, the California Historic Building Code, the Secretary of the Interior's Guideline for Historic Preservation and recent precedents for other historic preservation projects in HB. (c) Surrounding uses- The 506 7th Street site is just two doors up the street from the 428 house's original site! It is surrounded entirely by residential uses- SFRs, duplexes, and small apartments. Many in the immediate vicinity are also historic. (d) Population Served- the two structures will be attached to form a single family residence. HB -305-Item 21. - 25 Project Findings for Approval Item #19 Variance Application: RMH-A Residential - 506 7th Street, Huntington Beach, CA 92648 Variance Purpose The purpose of this Variance is to allow the 428 house, a locally significant, qualified historic resource, to be restored and preserved. The project will comply with the Secretary of the Interior's Guideline for Historic Preservation (Guideline). Minor variances regarding additions to a non-conforming structure, setbacks, height requirements, lot coverage, projections and parking will be needed to accommodate the 428 house which will be restored as a rear addition to the 506 house. Justifications for the variance are as follows: Side yard setbacks for the 428 house: HBZSO Chapter 210.06.G.1 specifies "10% of lot width" interior sideyard setbacks of 3.12', while the 428 house would have setbacks of 2' 6" and 1' 4" at the bay window. The State Historic Building Code (SHBC) allows lesser setbacks for the preservation of historic structures and any Building and Safety issues can and will be mitigated. Parking - Dimension of Parking Spaces HBZSO Chapter 231.14 specifies a standard on-site parking space dimension of 9' x 19'. Compact parking spaces in different development and zoning circumstances within the city are permitted to be 8 x 17. The 428 house project proposes to provide 3 on-site, covered parking spaces, all of which are constrained by the site setbacks and existing dimensions of the historic structure. The three spaces will be provided in a garage beneath the 428 house where the raised foundation had allowed for a full basement. At 8' x 20' and 9' x 18', the length of these spaces will meet or exceed the city standard by 1 ft while the width falls short by 1'. All of the spaces are notably larger than the City standard for compact spaces. The standard one car behind the garage space at the alley will be utilized for a fourth off-street space and at 31' 6" the rear apron could easily fit two cars under 16' each (a Ford Explorer is under 16'). The front curb on-street parking is also 31' 6" which allows for nearly 2 full spaces. Similar reductions to the requirement have been granted for historic projects like the earlier Warner/Manning project on 10th and Orange streets. Max Height Dwelling - Rear 25' of Structure Max 25' HBZSO 210.06.M.2.c allows the rear 25' of structure a max height of 25'. The rear dormer roof and a small portion of the main roof peak penetrate the space. The existing historic hipped roof design minimizes the massing and shadow. HB -306-Item 21. - 26 Lot Coverage - 50% HBZSO 210.06.0 allows 50% lot coverage while the project requires 60% before Alley Dedication and 61.2% after alley dedication. The Interior hallway connecting the two structures creates a significant portion of the overage but the 428 house addition surpasses the 50% without it. Preserving this historic landmark justifies such an overage. Projections (eaves) - 30"clearance to PL HBZSO 230.68 allows for projections into setbacks of 24" with a 30" to PL maintained. The historic eaves of the 428 house will leave 6" to PL on the north side setback and 12" on the south side setback. These "kicked" eaves, with their knobbed, decorative rafter tails are one of the most character defining features of this historic landmark house. The proposal will comply with Building and Safety requirements using the provisions of the California Historic Building Code (SHBC). Alterations to a Non-conforming Structure - 50% HBZSO 236.06.E specifies a non-conforming structure not be expanded by more than 50% in a five year period. However the SHBC and the General Plan provide for exemptions to preserve and balance property rights and historic preservation. This is necessary to fit the 428 house on the site without radically changing the historic character or demolishing the historic fabric of both historic structures. Variance Justification Variances are authorized pursuant to the City of Huntington Beach Municipal Code, as promulgated by Section 65906 of the State Government Code, to grant relief from zoning provisions when, because of special circumstances applicable to a property, interpretation of the zoning provisions produces a unique hardship on the property owner. These minor variances are all supported by the Huntington Beach General Plan Historic Element, Planning Department policy, the California Historic Building Code, the Secretary of the Interior's Guideline for Historic Preservation and recent precedents for other historic preservation projects in Huntington Beach. The following findings are offered in support of the variances listed above. (a) Finding: that there are exceptional circumstances applicable to the property including size shape, topography, location or surroundings that deprive it of privileges normally enjoyed. Fact 1: The 428 and 506 7th Street houses are important City of Huntington Beach historic landmarks. The project will protect the 428 house from demolition and ensure the restoration and preservation of both historic buildings. The City has recognized that these narrow lots are special circumstances and has approved these types of zoning concessions in the same area (Warner/ Manning— 10th Street, Pope— 12th Street). HB -307-Item 21. - 27 (b) Finding: the project will not constitute a grant of special privilege. Fact 1: the project's variances have been allowed on several historic properties in the downtown, including just three doors up the street at 510 7th street and 1 block down the street at 406 7th street (a project of dubious historicity). The City has recognized that these narrow lots are special circumstances and has approved these types of zoning concessions in the same area (Warner/ Manning— 10th Street, Pope— 12th Street). (c) Finding: the project's variance request is necessary for the preservation and enjoyment of substantial property rights when compared to other properties in the same zoning designation. Fact 1: the project preserves the development potential, square footage and views of this over sized lot while preserving two of the city oldest historic landmarks without destroying their historic character or creating undue expense that would lead to their loss by demolition. (d) Finding: the granting of the request will not be materially detrimental to the public welfare. Fact 1: the project does quite the opposite by preserving the character and prestige of this historic neighborhood while also increasing the value of the property and the surrounding properties. HB -308-Item 21. - 28 Meeting the Guideline for the Secretary of the Interior Standards for Historic Rehabilitatioil Building Variance Application: RMH-A Residential 506 7th Street, Huntington Beach, CA 92648 Project Description The 428 7th Street house is a wood frame one story Colonial Revival Craftsman Cottage constructed circa 1905. It is designated by the City of Huntington Beach as a locally important historic structure. The 428 house is currently located in storage approximately 1 mile from 506 7th Street. It's former site was sold for the development of contemporary residences. This project proposes to move the 428 house to 506 7th Street, where it will share the site with an existing smaller Colonial Revival Craftsman Cottage. The 506 house was moved to its current address in 1905 but is believed to be older. It is one of several homes passed on or missed by the most recent Historic Resources Survey but clearly should be designated by the City of Huntington Beach as a locally important historic structure. The three contemporary windows, which likely helped "de-list" the house, will be replaced with historically accurate salvage windows as part of the proposed project. Development Proposal The 428 house is already prepared and stabilized to be moved to the rear of the 506 7th Street site. The 506 house is at the front of the site. The 1 car garage at the rear of the site will be demolished to make room for the 428 house and a 3-car garage structure beneath it to satisfy parking requirements. The 428 house will become a second story structure over parking. Combined with the 506 house via an interior hallway, its use will be, as both have been historically, a single-family residence. Because of the unique second floor rehabilitation, it is necessary to design and put into service an entry/exit stair from the first floor garage structure up through the rear bedroom. The Living room will become a master suite with bathroom and the dining room will become a billiard room with a wet bar replacing the kitchen. The proposed preliminary drawings are attached and illustrate, generally, the plan and elevation. Meeting the spirit of the Secretary of the Interior Standards for Rehabilitation and Guideline for Rehabilitating Historic Building The proposal shall meet the spirit of the Secretary of the Interior Standards for Rehabilitation and Guideline for Rehabilitating Historic Buildings., hereafter referred to as Guideline, in that it is the basis by which this rehabilitation is judged to be reasonable and customary. Even though there is no intent to "certify the rehabilitation... "Pursuant to the Tax Reform Act of 1976 or any of the other Revenue Acts for which the Guideline is used by Federal authorities, its contents provide a recognized benchmark from which the quality of preservation efforts can be judged. This report evaluates the proposed 428 House rehabilitation and re-use in terms of its compliance with the Guideline. As summarized (see Summary) in this report the proposed rehabilitation proposes and acknowledges a limited repair and alteration of the historic building. This is allowed under the Guideline to provide for an efficient contemporary use; and that these repairs and alterations do not damage or destroy the materials and features important in defining the building's historic character. The minor repairs are: • General repair to an interior with some original material removed. • Exterior replacement of damaged window frames and exterior materials • General working repair of door and window function and hardware • New structural reinforcement to join the house to the garage, primarily below the residence • Repair of Mechanical, Electrical and Plumbing systems without compromising the exterior To follow are the 2 evaluation criteria and the 10 Standards of the Guideline and a commentary of this project's compliance with each. Evaluation Criteria To best achieve the preservation goals, the Guideline offers a standard two-part evaluation: HB -309-Item 21. - 29 1. What are the property's materials and features that are important to defining its historic character? 2. How will the rehabilitation project impact the historic character? Materials and Features The materials, as can be seen in the photos above, consist of a raised wood foundation whose strength has resulted in little movement or damage to the interior or exterior of the home. The platform frame- raised wood floor joists have been removed from the unconnected concrete foundation and the structure currently rests on steel beams in storage. The exterior and interior walls are true 2 x 3 Douglas Fir covered on the exterior with Redwood double lap siding and interior with lime and beach sand plaster on wood lath. The windows are single-pane fixed glass or one over one double hung windows. The original wood shingle roof material has been removed for transport. The dormers are windowed vents to the attic. The roof rafters have kicked 2' overhangs and extended rafter tails with decorative ends. All doors and windows have a decorative wood trim and crown consistent with Colonial Revival cottages of this era The floor is raised 3' from the perimeter foundation which enclosed a full basement. The interior has much of its original material but some door and window trim has been replaced. The total simple expression of "Colonial Revival" is embodied in this residence. The building is devoid of the complicated polish of the "Queen Anne" trims and finials and is a remarkable summation of a more simple statement of the Colonial Revival influenced cottages of Southern California. Assessment of Potential Impact To follow are the reciting of the 10 standards shown on pages 5 and 6 of the Guideline and remarks as to the project's intent. These consequently address the assessment of impact. 1. Compatible Use- The use of the structure as a residence is unchanged. The proposed re-use as a second story residence is fully consistent under the Guideline. The home is being moved just two doors up the street from the original site! It is surrounded entirely by residential uses- SFRs, duplexes, and small apartments. Many in the immediate vicinity are also historic. We also indicate in the summary that there is sufficient room for each structure to have each continue to contribute to the local significance they enjoy. Raising the 428 House to a second story above 1st floor garages will also allow this historic structure to be visible beyond the front house, thus allowing its continued enjoyment as a neighborhood landmark. 2. Distinguishing Original Qualities- The distinguishing original qualities of the elements of simple Colonial Revival influenced cottages of Southern California, previously mentioned and indicated in drawings and photos, are all to be preserved under the proposal. They consist of double lap siding, kicked eaves with exposed, decorated wood rafter tails, crowned wood trim around wood doors and windows (all retained). The site characteristics of the original and proposed relocation sites are equivalent The contexts of other residential structures are improved by the proposal in that there are other Colonial Revival influenced cottages, including 506 7th, in the immediate area. There is no removal of important elements suggested or contemplated by the proposal. The 506 7th garage is a relatively new structure and demolishing it to make way for the 428 House above garages is well within the Guideline. 3. Alterations of No Historical Basis- The building is recognized as a product of its own time. There are no alterations to the building's materials that are proposed that have "no historical basis". The aspect of the building being portrayed as a two story structure creates an image that is compatible and consistent with the neighboring Colonial Revival 506 Flouse. Although there is a contemporary steel frame, balcony and stair to be added, these elements are within the Guideline in that they are new elements and are proposed to be treated in a contemporary fashion. These parts do not overwhelm the building, call attention to themselves or distract from the original features of the moved building nor do they negatively impact any of the other nearby historic structures. Since the original Colonial Revival parts are nearly exactly intact and not influenced or changed by the contemporary features, the saving of -the—hittOtic structure ii -thought to more than make up for this unique preservation method. The proposed rehabilitation recognizes the integrity of the historic structure unique from its contemporary features and does not attempt to create an artificial "historic" appearance. HB -310-Item 21. - 30 4. Changes Having Their Own Period of Historic Significance- The 506 7th house has mid-century hardboard shingle siding over the original redwood double lap. The hardboard shingle, which has its own period of historic significance, will be retained white the project is completed. 5. Distinguished Stylistic Features- One example of the stylistic features being rehabilitated beyond all the exterior fabric mentioned herein, are the basement windows. These windows along with their frames, sash weights, trim, and crown have all been removed and set aside with their components, both decayed and intact. These are to be repaired or replaced with like material and reinstalled in their original position relative to the 428 House. The rehabilitated windows will provide light to the new garage as they did for the basement at their original location. 6. Deteriorated Features Repaired Rather Than Replaced- Deteriorated features, such as the double-hung windows and some of the trim, will be repaired using as much of the existing original material as possible. The proposal contemplates repair of the historic fabric per the content of the Guideline in this respect. 7. Surface Cleaning- the surface cleaning of the building will be done with one of several methods acceptable to the specs of the Guideline. The primary treatment for overall cleaning can be the sensitive use of low pressure water. No sandblasting of the exterior will be permitted. As an alternative, sensitive scraping, brush and painting prep is acceptable. 8. Archaeological Features- Although there are no known archaeological features affected by the proposal, if encountered, portions of the grading and excavations will require the contractor to stop work and call onto the site a City approved archaeologist for an opinion and or to examine any discovered elements. 9. integrity of Contemporary Elements- Contemporary means of supporting the structure is embraced by the Guideline. The proposed lower floor garage structure, staircase and other features of the exterior that are not historic will be treated as to not rival, affect or destroy the historic fabric or features of the residence. The contemporary elements shall be compatible with the size, scale, color, material and character of the property and it's surrounding. Their contemporary appearance presumes no false sense of historic character- one of the important tests of the Guideline. 10. Additions and Alterations as Removable- The new additions (e.g. the vinyl windows and existing garage) could be replaced by other means and the original building would not lose any of its character and the essential form and integrity. The essence of the original building forms and of the structures would be primarily and generally unimpaired. Summary: This report finds that the proposal (see plans) contains all of the features that existed in the building prior to being moved. The saving of a local important structure is achieved and its unique character preserved. The Guideline presents no specific case where the work of the proposal is "not recommended" and therefore we find it within the spirit of the Guideline. Attached are drawings outlining the proposal. The impacts on the community and the environment, based on the approval of this proposal, are insignificant and, if there are any at all, are mitigated by the saving of a locally important cultural monument The study also finds that there is sufficient room between the two buildings to have each continue to contribute to the local significance they enjoy. Preservation Professional The Guideline suggests that the person providing this report be a qualified historic preservation professional. Joseph D. Santiago submits his credentials, to follow, as part of this report and provides this information as a qualified historic preservation professional. HB -311-Item 21. - 31 506 7th Street Project Memo— Precedents Set By Manning House Variances Variance Application: RMH-A Residential 506 7th Street, Huntington Beach, CA 92648 Project Similarities Description of Project- The 428 7th Street house is a wood frame one story Colonial Revival Craftsman Cottage constructed circa 1905. It is designated by the City of Huntington Beach as a locally important historic structure. The 428 house is currently located in storage approximately 1 mile from 506 7th Street. It's former site was sold for the development of contemporary residences. This project proposes to move the 428 house to 506 7th Street, where it will share the site with an existing smaller Colonial Revival Craftsman Cottage. The 506 house was moved to its current address in 1905 but is believed to be older. It is one of several homes missed by the most recent Historic Resources Survey but clearly should be designated by the City of Huntington Beach as a locally important historic structure. The 428 house is prepared and stabilized to be moved to the rear of the 506 7th Street site. The 506 house is at the front of the site. The 1 car garage at the rear of the site will be demolished to make room for the 428 house and a 3-car garage structure beneath it to satisfy parking requirements. The 428 house will become a second story structure over parking. Combined with the 506 house via an interior hallway, its use will be, as both have been historically, a single-family residence. The Manning House project did virtually the same thing on a double corner lot at 10th Street and Orange Avenue. The garages of the Warner property were utilized to satisfy parking requirements on the ground floor. Both projects are located in the RMH-A zoning district. The Director of Community Development has given preliminary support to the new project as presented and the Building and Safety Manager has determined that safety mitigation via the State Historic Building Code will resolve issues in that regard. Similar Variances Granted for Manning House Project (a) Parking Variance granted for smaller parking space dimensions (b) Setback Variance granted at rear and side setbacks. (c) Height Variance granted for roof and dormers in rear 25' restricted area (d) Lot Line Adjustment handled with Covenant to Hold As One Similar Issues Resolved with Public Works for Manning House Project (a) No undergrounding of utilities— "existing service upgraded" (b) No replacement of curb, sidewalk, gutter, sewer lateral and alley surface— all are in good or new condition, some historic (c) No replacement of 3/4" water meter— "sufficient for plumbing fixture count" (d) Alley Dedication substituted with Irrevocable Offer of Dedication Similar Issues Resolved with Building and Safety for Manning House Project (a) Fire Setbacks and like issues— "left to Building and Safety for mitigation" Similar Issues Regarding Historical Preservation Resolved for Manning House Project (a) General plan suggests historical structures be given extra leeway in non-conforming parameters to encourage historic preservation (b) Historical status moves with structure even in new context (c) State Historic Building Code prevails in existing structures and new work as it relates RECEIVED APR 1 2 2017 ol. Pianning & Building HB -312-Item 21. - 32 1 REDUCED SIDE YARD SETBACK 2 INCREASED DWELLING HEIGHT 3 INCREASED LOT COVERAGE 5 REDUCED PARKING SPACE DIMENSIONS 4 INCREASED ROOF EAVE PROJECTION 6 INCREASED ENLARGEMENT OF A NONCONFORMING STRUCTURE The building area shaded in red is setback 2.5 feet from the northern side yard lot line, whereas a 3.15-foot setback required. The building area shaded in red is setback 1.33 feet from the southern side yard lot line, whereas a 3.15-foot setback required. The overall height of the dwelling is 34.427 feet. Therefore, the area shaded in red exceeds the maximum 25-foot height limit permitted in the rear 25 feet by 9.427 feet. The building footprint shaded in red covers 61.03 percent (2,220.82 square feet) of the 3,622.5-square-foot lot (after 2.5-foot dedication for alley widening), whereas a maximum 50-percent (1,811.25 square feet) lot coverage is permitted. The roof eaves shaded in red project two feet from the building walls, and are set back six inches from the northern side yard lot line, and 12 inches from the southern side yard lot line, whereas a 30-inch setback is required. The area shaded in red identifies the area of enlargement to the existing nonconforming structure that is 283-percent (3,660 square feet) of the area of the structure as it currently exists (1,296.11 square feet), whereas the maximum permitted area of enlargement is 50-percent (648 square feet). Nonconforming structure PROPOSED DEVIATIONS FROM DEVELOPMENT STANDARDS On the first floor, the garage parking spaces shaded in red above are eight feet wide, whereas a residential parking space stall width of nine feet is required. RAMP HB -313-Item 21. - 33 Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION June 29, 2017 Joseph D. Santiago 403 10th Street Huntington Beach, CA 92648 SUBJECT: VARIANCE NO. 17-003 (HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION) APPLICANT/ PROPERTY OWNER: Joseph D. Santiago, 403 10th Street, Huntington Beach, CA 92648 REQUEST: To accommodate the relocation of a historic single-family residence, the following variances are requested: (1) a 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback; (2) a dwelling that is 34.427-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit; (3) a building that covers 61.03% of the lot in lieu of the maximum permitted 50% lot coverage; (4) a 6-inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback; (5) a parking stall width of 8 feet in lieu of the required width of 9 feet for two parking spaces; and (6) a 283% increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50% area of enlargement to a nonconforming structure. LOCATION: 506 7 th Street, 92648 (on the southeast side of 7 th Street, and northeast of Pecan Avenue) DATE OF ACTION: June 27, 2017 On Tuesday, June 27, 2017, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings. Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of One Thousand, Eight Hundred Sixty-Five Dollars ($1,865.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Three Thousand, Five Hundred Phone 714-536-5271 Fax 714-374-1540 wwmsurfcity-hb org HB -314-Item 21. - 34 Notice of Action: VAR 17-003 June 29, 2017 Page 2 Fifty-Two Dollars ($3,552.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday July 7, 2017, at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Christopher Wong, the project planner, at (714) 374-5357 or via email at chris.wong@surfcity-hb.org , or the Community Development Department at (714) 536-5271. Sincerely, Scott Hess, Secretary Planning Commission By: Jane Jame-s, Planning Manager SH:JJ:CW:kdc Attachment: Findings For Denial - VAR 17-003 c: Honorable Mayor and City Council Chair and Planning Commission Fred A. Wilson, City Manager Scott Hess, Director of Community Development Bill Reardon, Division Chief/Fire Marshal Mike Vigliotta, Chief Assistant City Attorney Debbie DeBow, Principal Civil Engineer Mark Carnahan, Building Manager Christopher Wong, Associate Planner Property Owner Project File HB -315-Item 21. - 35 ATTACHMENT NO. 1 FINDINGS FOR DENIAL VARIANCE NO. 17-003 1. The granting of Variance No. 17-003 will constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Properties in the vicinity located at 504 7 th Street and 510 7 th Street are developed with historic single-family residences that have been improved and remodeled without the need for variances. 2. There are no special circumstances applicable to the subject property, including size, shape, topography, location or surroundings. Properties located at 504 7" Street and 510 7 th Street are developed with historic single-family residences that have been improved without the need for variances. Therefore, the strict application of the zoning ordinance will not deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of Variance No. 17-003 will be materially detrimental to the public welfare or injurious to property in the same zone classification. The historic structure was located on a larger 50-foot-wide corner lot and does not fit adequately on the proposed smaller, 31.5- foot-wide interior lot. Reduced eave setbacks will cause rain water to fall onto neighboring properties, especially during times of heavy rainfall. The Planning Commission further finds that reduced building setbacks may facilitate the spread of a fire onto adjacent structures and may impede emergency access to the building by first responders. 4. The denial of Variance No. 17-003 is consistent with the General Plan Land Use Policy 4.2.1, which "Require that all structures be constructed in accordance with the requirements of the City's building and other pertinent codes and regulations; including new, adaptively re- used, and renovated buildings." GAPLANNING COMMISSIONNOA1201716-28-17 VAR 17-003 (Historic Single Family Residence Relocation) Attachment 1.1 HB -316-Item 21. - 36 6/27/2017 1 (17sr25 VAR 17-003 Historic SFR Relocation) City of Huntington Beach Community Development Department STAFF REPORT TO: Planning Commission FROM: Scott Hess, AICP, Director of Community Development BY: Christopher Wong, Associate Planner DATE: June 27, 2017 SUBJECT: VARIANCE NO. 17-003 (HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION) PROJECT APPLICANT/ PROPERTY OWNER: Joseph D. Santiago, 403 10th Street, Huntington Beach, CA 92648 LOCATION: 506 7th Street, 92648 (southeast side of 7th Street, and northeast of Pecan Avenue) STATEMENT OF ISSUE: ♦ Variance No. 17-003 represents a request to deviate from (1) the minimum required side yard building setback, (2) maximum permitted building height within the rear 25 feet of a lot, (3) maximum permitted lot coverage, (4) the minimum required side yard roof eave setback, (5) minimum dimensions for a parking space, and (6) maximum enlargement of a nonconforming structure to accommodate the relocation of a historic single-family residence. ♦ Staff Recommendation: Approve Variance No. 17-003, with modifications, based upon the following. − Facilitates the preservation of a locally designated historic single-family residence. − Conserves the integrity of a historic structure by allowing it to remain in its original neighborhood. − Follows established precedence for the approval of variances in the neighborhood associated with the relocation of a historic structure. − Special circumstances existing in the surrounding historic neighborhood. ♦ Staff’s Suggested Modifications: − Eliminate the proposed subterranean level to reduce the enlargement of the nonconforming structure. RECOMMENDATION: Motion to: A. “Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities), and Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation) of the CEQA Guidelines because the project has no potential to have a significant effect on the environment (Attachment No. 1);” B. “Approve Variance No. 17-003 with suggested findings and conditions of approval (Attachment No. 1).” HB -317-Item 21. - 37 6/27/2017 1 (17sr25 VAR 17-003 Historic SFR Relocation) ALTERNATIVE ACTION(S): VICINITY MAP VARIANCE NO. 17-003 (HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION – 506 7TH STREET) HB -318-Item 21. - 38 6/27/2017 2 (17sr VAR 17-003 Historic SFR Relocation) ALTERNATIVE ACTION(S): The Planning Commission may take alternative actions such as: A. “Approve Variance No. 17-003, as proposed with the subterranean level, with modified findings and modified conditions of approval” (Applicant’s Request) B. “Continue Variance No. 17-003 and direct staff accordingly.” C. “Deny Variance No. 17-003 with findings for denial.” PROJECT PROPOSAL: Variance No. 17-003 is a request, pursuant to Chapter 241 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO)1, for the following deviations from development standards applicable to dwellings in the RMH-A zoning subdistrict. For a visual representation of these proposed deviations, refer to Attachment 4. 1. Reduced side yard setback: To permit a 2.5-foot building setback from the northern side yard lot line, and a 1.33-foot building setback from the southern side yard lot line in lieu of the minimum 3.15-foot setback required for a side yard pursuant to HBZSO Section 210.06(G)(1). This will result in building setbacks that are less than the required setback by 0.653 inches (north) and 1.819 inches (south). 2. Increased dwelling height: To permit a dwelling that is 34.427-feet high in the rear 25 feet of the lot in lieu of the maximum 25-foot height limit permitted in the rear 25 feet of the lot pursuant to HBZSO Section 210.06(M)(2)(c). This will result in a dwelling that exceeds the permitted height limit by 9.427 feet. 3. Increased lot coverage: To permit a building that covers 61.03 percent (2,220.82 square feet) of the 3,622.5-square-foot lot (after 2.5-foot dedication for alley widening) in lieu of the maximum 50- percent (1,811.25 square feet) lot coverage permitted pursuant to HBZSO Section 210.06(C). This will result in lot coverage that exceeds the maximum by 11.03 percent (409.57 square feet). 4. Reduced roof eave setback: To permit a six-inch roof eave setback from the northern side yard lot line, and a 12-inch roof eave setback from the southern side yard lot line in lieu of the 30-inch roof eave setback required for a side yard pursuant to HBZSO Section 230.68. This will result in roof eave setbacks that are less than the required setback by 24 inches (north) and 18 inches (south). 5. Reduced parking space dimensions: To permit a parking stall width of eight feet in lieu of the required residential parking stall width of nine feet pursuant to HBZSO Section 231.14. This will result in two parking spaces that are one foot less than the required width. 6. Increased enlargement of a nonconforming structure: To permit an area of enlargement to a nonconforming structure that is 283-percent (3,660 square feet) of the area of the structure as it currently exists (1,296.11 square feet) in lieu of the maximum permitted area of enlargement of 50- percent (648 square feet) pursuant to HBZSO Section 236.06(E). This will result in a 233-percent (3,012-square-foot) increase in the permitted area of enlargement to a nonconforming structure. 1The Planning Commission shall act on all variances exceeding 20-percent deviation from site coverage, separation between buildings, height, setback, parking, and landscape requirements in accordance with HBZSO Section 241.04. HB -319-Item 21. - 39 6/27/2017 3 (17sr VAR 17-003 Historic SFR Relocation) These variances are requested to accommodate the proposed relocation of a historic single-family residence from property located at 428 7th Street to property located at 506 7th Street (see the vicinity map on the previous page). When the property at 428 7th Street was sold to a new owner, the historic structure was removed from the lot by the applicant and placed into storage. The applicant intends to preserve the structure in the original neighborhood in which it was built. For more information, refer to the project narrative submitted by the applicant (Attachment 3). The property at 506 7th Street is currently developed with a single-family dwelling and detached one-car garage. To accommodate the relocation, the garage is proposed to be demolished and a new living room, bathroom, laundry room, and three-car garage are proposed in its place at the rear of the lot. This new building area will be attached to the existing dwelling through a new hallway. In addition, the proposed three-car garage is designed with two levels. Two garage parking spaces are proposed at grade level, and one is proposed in a subterranean level accessed via a ramp in the garage. The historic dwelling is proposed to be placed atop the new building area, resulting in a structure that will be three-stories high. Minimal modifications to the exterior design of the historic structure are required to attach the existing and proposed structures through the new hallway. However, several modifications to the interior of the historic dwelling are proposed. These modifications include converting the porch into a balcony, kitchen into a wet bar room, office into a bathroom, and a bedroom into a bathroom. The resulting floor plan layout will overall function as one single dwelling unit with a kitchen, dining room, two living rooms, billiard room, wet bar room, laundry room, six and a half bathrooms, four bedrooms, a three-car garage, and approximately 380 square feet of storage area in the subterranean level. Figure 1: Proposed Arrangement of Structures on Site Existing dwelling Historic structure New building area New Subterranean level HB -320-Item 21. - 40 6/27/2017 4 (17sr VAR 17-003 Historic SFR Relocation) Background: Historic Structure formerly located at 428 7th Street The historic structure is a wood-frame, two-story, single-family dwelling designed in the Colonial Revival architectural style, as seen in Figure 2 below. It was constructed circa 1905. In 1986, the Huntington Beach Historical Society embarked on a survey of the City’s historic resources in downtown and the surrounding areas. The survey results identified the structure at 428 7th Street as a locally important historic structure due to its architectural significance (Attachment 5). From 2008 to 2012, the City and Historic Resources Board (HRB) updated and expanded the 1986 survey to include a study of all potentially significant buildings within the entire city. The updated survey identified a list of 257 historic landmarks in the City. The structure formerly located at 428 7th Street remains on this list. Figure 2: Photographs of the Historic Structure Legal Nonconforming Structure located at 506 7th Street The 506 7th Street residence was also constructed circa 1905. Although the dwelling was built legally, it does not conform to current development standards in the RMH-A subdistrict. Specifically, it does not meet minimum standards for front and side yard building and roof eave setbacks. The dwelling is currently set back nine feet from the front yard lot line, whereas a 12-foot setback is required; and is set back two feet from the northern side yard lot line, whereas a 3.15-foot setback is required. The roof eave is setback six inches from the northern side yard lot line, whereas a 30 inch setback is required. Therefore, it is considered a legal nonconforming structure. Nonconforming structures may be altered or enlarged provided that the alteration or enlargement is in conformance with applicable provisions of the HB -321-Item 21. - 41 6/27/2017 5 (17sr VAR 17-003 Historic SFR Relocation) HBZSO. Additionally, the area of enlargement to a nonconforming structure in any five year period shall not exceed 50 percent of the area of the existing structure. ISSUES: Subject Property and Surrounding General Plan Designations, Zoning, and Land Uses: The subject lot is located on the southeast side of 7th Street, approximately 43.5 feet northeast of Pecan Avenue. The table below identifies the General Plan designations, zoning, and existing land uses of the subject property and surrounding area. LOCATION GENERAL PLAN ZONING LAND USE Subject property: RMH-25-d (Residential Medium High – Maximum of 25.0 dwelling units per net acre – Special Design Standards) RMH-A (Medium High Density Residential Subdistrict) Single-family residential North of subject property: South of subject property: East of subject property: West of subject property: General Plan Conformance: The General Plan Land Use Map designates the subject property as RMH-25-d (Residential Medium High – Maximum of 25.0 dwelling units per net acre – Special Design Standards). The proposed project is consistent with this designation and the goals and objectives of the City’s General Plan as follows: A. Land Use Element Policy LU 4.2.2 Permit historically significant buildings to vary from standard City codes; providing that the variations do not endanger human life and buildings comply with the State Historical Code. B. Historic and Cultural Resources Element Goal HCR 1 To promote the preservation and restoration of the sites, structures and districts which have architectural, historical, and/or archaeological significance to the City of Huntington Beach. Objective HCR 1.3 Consider the provision of incentives (strategies, assistance, and regulations) for the maintenance and/or enhancement of privately owned historic properties in a manner that will conserve the integrity of such resources in the best possible condition. Policy HCR 1.3.7 Explore alternatives that enable a property owner to sensitively add to the existing structure, or develop an accompanying building on the site that allows property development rights to be realized. Deviation to setbacks, height, HB -322-Item 21. - 42 6/27/2017 6 (17sr VAR 17-003 Historic SFR Relocation) parking, and other requirements should be considered to make the preservation of an existing historic building feasible when no other reasonable alternative exists. Policy HCR 1.3.8 Preserve and reuse historically significant structures, where feasible. Granting variances from the minimum required side yard building setback, maximum permitted building height within the rear 25 feet of a lot, maximum permitted lot coverage, minimum required side yard roof eave setback, minimum dimensions for a parking space, and the maximum enlargement of a nonconforming structure (with modifications) will facilitate the preservation of a locally designated historic single-family residence. It will do so by making possible the relocation of a historic structure from property located at 428 7th Street to property located at 506 7th Street. If not for the proposed relocation, the historic structure would have been demolished. Furthermore, the proposed relocation preserves the structure in the original neighborhood, and on the original street in which it was built; thereby conserving the integrity of this resource in the best possible condition. Lastl y, the proposed project has been reviewed by the Building Division for compliance with the California Building Code, and State Historical Code. Compliance with these codes will ensure variances from development standards will not endanger human life. Therefore, granting the requested variances, with modifications, will be consistent with the goals, objectives, and policies of the General Plan Land Use Element and Historic and Cultural Resources Element. Zoning Code Compliance: The subject property is located in the RMH-A (Medium High Density Residential – Small Lot) zoning subdistrict. Therefore, the proposed development is subject to RMH-A subdistrict development standards. The proposed development complies with standards of this subdistrict, with the exception of standards for side yard building setbacks, building height, lot coverage, side yard roof eave setbacks, parking space dimensions, and the expansion of nonconforming structures. Therefore, variances are requested pursuant to HBZSO Chapter 241 (Conditional Use Permits and Variances — Temporary Use Permits — Waiver of Development Standards). The subject lot is also subject to HBZSO Title 25 (Subdivisions). The neighborhood subdivision was established pursuant to the Map of Huntington Beach Main Street Section on September 19, 1904 (Attachment 6). According to the map, the subject lot was 26-feet wide and 117.5-feet deep. However, a chain of title revealed a previous land owner deeded five feet of the adjoining lot to the subject property thereby widening the subject lot to 31.5 feet. This was done without the accompanying action to formally and legally adjust lot lines in accordance with the Subdivision Map Act. Pursuant to HBZSO Section 230.62, no building or structure shall be erected or moved onto any parcel of land in the City except on a lot certified in compliance with the Subdivision Map Act and local subdivision and zoning provisions. Therefore, to legalize the lot a Certificate of Compliance will be required in accordance with HBZSO Section 258.06. Urban Design Guidelines Conformance: Not applicable. Environmental Status: The proposed project is Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15301, Class 1 (Existing Facilities), because the project involves an addition to an existing structure that will not result in an increase of more than 10,000 square feet in an HB -323-Item 21. - 43 6/27/2017 7 (17sr VAR 17-003 Historic SFR Relocation) area where all public services and facilities are available to allow for maximum development permissible in the General Plan, and the area in which the project is located is not environmentally sensitive. The proposed project is also Categorically Exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15331, Class 31 (Historical Resource Restoration/Rehabilitation), because the project involves maintenance, repair, stabilization, rehabilitation, restoration, preservation, conservation or reconstruction of historical resources in a manner consistent with the Secretary of the Interior’s Standards for the Treatment of Historic Properties with Guidelines for Preserving, Rehabilitating, Restoring, and Reconstructing Historic Buildings (1995), Weeks and Grimmer. Coastal Status: Not applicable. Design Review Board: Not applicable. Subdivision Committee: Not applicable. Other Departments Concerns and Requirements: The Departments of Community Development, Public Works, and Fire reviewed the application and identified applicable code requirements. Most notably, the Public Works Department identified a 2.5-foot right-of-way dedication required along the rear of the lot for purposes of widening the public alley. The goal is to establish an alley right-of-way that is 20 feet wide. The requirements are attached for information only (Attachment No. 7). Public Notification: A legal notice was published in the Huntington Beach Wave on June 8, 2017. Notices were also mailed to property owners of record and occupants within a 500-foot radius of the project site, individuals and organizations requesting notification (Community Development Department Notification Matrix), the project applicant, and interested parties. The public notice identified a variance from the minimum depth of a parking space; however, after the notice was distributed the applicant indicated an intent to comply with this development standard. Therefore, this variance is no longer requested and all parking spaces will be designed with a minimum depth of 19 feet in accordance with HBZSO Section 231.14 (Parking Space Dimensions). Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE: June 7, 2017 August 6, 2017 (60 days) Variance No. 17-003 was filed on March 31, 2017 and deemed complete on June 7, 2017. The application is scheduled for public hearing before the Planning Commission at its regular meeting on June 27, 2017. HB -324-Item 21. - 44 6/27/2017 8 (17sr VAR 17-003 Historic SFR Relocation) ANALYSIS: A variance is a permit that allows a property owner to construct a building without having to comply with applicable zoning district development standards. For the Planning Commission to approve a variance, all the following findings must be satisfied. If a variance cannot satisfy one or more of the four findings, it must be disapproved. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. With modifications, the requested variances will satisfy these findings as discussed below. Established Precedence Granting the requested variances will not constitute a special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. Variances have been approved for the preservation of historic structures as demonstrated below. – On April 4, 2003, Variance No. 03-01 was approved for a reduction of parking space dimensions and reductions in setbacks to facilitate the relocation of a historic single-family dwelling to property located at 403 10th Street. This historic dwelling was the home of the first mayor of Huntington Beach, Ed Manning. – On January 23, 2013, Variance No. 12-005 was approved for an increase in the height of a detached accessory structure, and to deviate from parking area design standards to facilitate the adaptive reuse of a historic hotel (Hotel Evangeline). The Craftsman Style hotel is historically significant due to its unique architecture, and representation as the last remaining symbol of Huntington Beach’s early resort community. Therefore, granting the requested variances will not constitute a grant of special privilege because variances have been approved for the preservation of different historic structures in the neighborhood. HB -325-Item 21. - 45 6/27/2017 9 (17sr VAR 17-003 Historic SFR Relocation) Special Circumstances Due to special circumstances in the surrounding neighborhood, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The historic resources survey identifies 86 historic structures in the subject RMH-A zoned neighborhood. The boundaries of this area are identified in Figure 3 above. Compared with other neighborhoods in the City, this specific neighborhood includes the greatest number of historically significant properties. In the immediate vicinity of the project site are four properties developed with historic structures. Figure 4 identifies those four properties. Due to high property values, the structures in this neighborhood are extremely vulnerable to change and redevelopment. Approximately 17 of the historic structures in this neighborhood have been demolished according to records in the Building Division. Granting variances to facilitate preservation of the subject historic structure in its original neighborhood and on its original street will conserve a cluster of buildings in the area that present a distinguishable collection of architectural styles prevalent in the history of the City’s development. Therefore, precluding the preservation of the subject historic resource through strict application of the zoning ordinance would deprive the subject property and other properties in the vicinity the privilege of understanding the history of the community through its historic structures. Preservation of a Historic Structure The City’s General Plan encourages the preservation of historic structures, and specifically authorizes variations from development standards to promote such preservation. Modification of any part of the historic structure to comply with the HBZSO would defeat the purpose of preservation. Therefore, granting variances that specifically relate to the preservation of the historic structure are acceptable as discussed previously under “General Plan Conformance.” Figure 3: Neighborhood Boundaries Figure 4: Historic Properties in the Vicinity HB -326-Item 21. - 46 6/27/2017 10 (17sr VAR 17-003 Historic SFR Relocation) Suggested Modification While variances are necessary to facilitate the relocation of the historic structure, variances are not necessary for any new building area unrelated to the historic structure. The applicant proposes a new subterranean level solely as a means to provide additional storage area in the dwelling. However, the new subterranean level is not necessary for the preservation of the historic structure and can be modified to comply with the Zoning Code to a greater extent. Specifically, eliminating the proposed basement level storage and parking reduces the overall size of the nonconforming structure expansion from 3,660 square feet to 3,107 square feet (a reduction of 553 square feet). As a result, the deviation from the maximum permitted enlargement of a nonconforming structure would be reduced by 43 percent, as seen in the table below. AREA OF ENLARGEMENT1 % OF EXISTING STRUCTURE2 Maximum Permitted 648 square feet 50% Proposed 3,660 square feet 283% Alternative Design 3,107 square feet 240% 1This includes all habitable and non-habitable building area. 2The existing structure is 1,296.11 square feet in size. Eliminating the subterranean parking level will also serve another purpose. It will eliminate a parking area design that creates a potential safety hazard for vehicular traffic. The design includes a steep ramp (18.25 percent slope), which affects visibility for motorists maneuvering out of the garage. It also includes a narrow ramp (8.96 feet wide), which makes ingress and egress from the garage difficult. Ramps typically include between a ten and 15 percent slope with a ten-foot-wide driveway. This uncommon design is not subject to specific standards, but has been evaluated to determine safe ingress and egress. As a result, this steep and narrow ramp will likely preclude the use of the area as a parking space and is not supported by staff. Two examples of alternative first floor plan designs are identified in Figure 5 below. As seen in the alternative designs, eliminating the subterranean level will not reduce the number of parking spaces available for the dwelling. A total of three parking spaces are required for a four-bedroom dwelling, and three can be provided in a garage at grade level. Each design also includes the desired storage area in varying sizes, up to approximately 435 square feet. Lastly, the alternative designs allow for parking spaces that are each eight feet, four inches wide. Therefore, the width of two parking spaces would increase four inches over the proposed width (but still less than the minimum required width of nine feet). For the reasons discussed above, the recommended findings do not apply to any new building area unrelated to the historic structure. As a recommended condition of the project approval, the subterranean level must be eliminated. The applicant has expressed his belief that all proposed building area, including the subterranean level, is necessary for the preservation of the historic structure. He asserts the historic structure provides little storage area. By providing storage area in the subterranean level, preservation of the structure is likely to persist with the next owner. HB -327-Item 21. - 47 6/27/2017 11 (17sr25 VAR 17-003 Historic SFR Relocation) Figure 5: Two Alternative First Floor Plan Layouts Redesigned Stairs The stairs to the subterranean level have been eliminated. The stairs to the second floor have been slightly redesigned. Enlarged Garage The wall between the living area and the garage has been moved to enlarge the area of the garage and accommodate the desired storage area (identified by the red cross hatch) Elimination of the Subterranean Level The ramp and subterranean level have been eliminated. This allows the width of parking spaces to increase to 8 feet, 4 inches. All parking spaces are provided at grade level and are 19-feet deep. ALLEY Storage Area 210 sq ft ALLEY Relocated Laundry Facilities The laundry facilities have been relocated to accommodate the desired storage area. Eliminated Bathroom A bathroom on the first floor has been eliminated to accommodate the desired storage area. Storage Area 435 sq ft 1 2 19’-0” 8’-4” 8’-4” 19’-0” HB -328-Item 21. - 48 6/27/2017 Attachment No. 1.1 Conclusion: Staff recommends the Planning Commission approve Variance No. 17-003, with the suggested modification to eliminate the subterranean level, based upon the following: − Facilitates the preservation of a locally designated historic single-family residence. − Conserves the integrity of a historic structure by allowing it to remain in its original neighborhood. − Follows established precedence for the approval of variances in the neighborhood associated with the relocation of a historic structure. − Special circumstances existing in the surrounding historic neighborhood. ATTACHMENTS: 1. Suggested Findings and Conditions of Approval for Variance No. 17-003 2. Architectural Plans Received and Dated June 6, 2017 3. Project Narrative Received and Dated June 5, 2017 4. Proposed Deviations from Development Standards 5. Historic Resources Inventory Prepared July 1986 6. Map of Huntington Beach Main Street Section Recorded September 19, 1904 7. Code Requirements Letter Dated March 19, 2017 (for informational purposes only) SH:JJ:CW:kd HB -329-Item 21. - 49 From:De Coite, Kim To:Planning Commission Cc:Wong, Chris Subject:FW: Surf City Pipeline: You have been assigned a new Request #: 30204 Date:Monday, June 26, 2017 2:04:16 PM Please see below. Kimberly De Coite Administrative Assistant Department of Community Development 714-536-5276 kdecoite@surfcity-hb.org From: Surf City Pipeline [mailto:noreply@user.govoutreach.com] Sent: Monday, June 26, 2017 1:35 PM To: De Coite, Kim Subject: Surf City Pipeline: You have been assigned a new Request #: 30204 Request # 30204 from the Government Outreach System has been assigned to you. Request type:Problem Request area:Planning Commission - Comments on Agenda Items Citizen name:Althea santucci Description:Request for help, deny Variance no 17-003 (Historic Single Family Residence Relocation), or hold off approval until proper notification is given to citizens. This project sponsored by this applicant is a non conforming move of a 100 year old single family home. This home is to be stacked on another structure. There will be less than 1 and half feet on each of the adjcent homes under the proposed plan. This plan is being pleasantly wrapped as saving a historic 100 year old wooden home. The applicant has said that he will add a wet bar, billiard room, 6 bathrooms, 4 bedrooms, and two living rooms. This is a veil to create a high density multiple unit living space - not restore a single family historic home. No committed time lines for restoration or completion is part of the variance request. This is a miss-use of historical exceptions and will allow the existence of hazardous and carcinogenic materials in the structure. The applicant has another property where he used the same process. This site has turned into a multi room rental and in the 14 years its been in place has become a dilapidated structure, and eye sore with lots of parties. Its difficult to see if any work has been done to restore this historic structure. in 14 years. Note the current precident case used in the variance (as described above) request has different footprint - its a corner lot. The new HB -330-Item 21. - 50 variance request will sit between 2 homes with less than 1 and half foot space between parts of the structures. Please note I did not receive notice of this until Monday this past week. And I would encourage you to just walk both of the properties and let commen sense prevail. Please consider this a smaller version of the Ghostship structure, and issues that cost lives and liability to the city of Oakland. Old structure, no fire safety enforced and or living conditions reviewed. Variances were approved by the city of Oakland, and no inspections were done. The site sat for some time and became a high density living structure. Please help save lives, and property, and restore historical structures the correct way. Please do not allow the city to have another dilapidated, un-safe party house here in Huntington Beach. Thank you, your our last hope here. Expected Close Date:July 10, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. HB -331-Item 21. - 51 From:Chris Hart To:Wong, Chris Subject:General Plan Amendment No. 17-003 Date:Monday, June 26, 2017 5:15:41 PM Dear City Council, Planning Commissioners and City Attorney, We would like to voice our concerns and objections regarding Variance No. 17-003 at 506 7th St . *We’d like to call your attention to the fact that Mr. Santiago has a miserable track record when it comes to “restoring” properties. His property at 403 10th St. remains incomplete, has been a dreadful eyesore for the last 13 years, and certainly does not enhance our downtown neighborhood. We have strong reason to believe it houses many people who are unrelated as oppossed to a single family. *We don’t believe this proposed project will be an asthetically pleasing addition to our neighborhood. We believe this project would greatly overwhelm the lot, leading to an unnecessary and most unpleasant encroachment upon the neighbors. *With regards to the proposed house to be moved to the property; just because it’s old doesn’t mean it’s “historical” which leads to the possible abuse of the historical exception. We have lived within a few doors of this house, sharing an alley with it for 18 years, so we know it well. *We were given very little time to respond to this proposal. Sincerely, Chris and Suzanne Hart 419 6th St. 714-374-9928 HB -332-Item 21. - 52 From:Cindi Motis To:Wong, Chris Subject:Variance No. 17-003 Meeting on June 27, 2017 at 7 pm Date:Monday, June 26, 2017 3:13:57 PM I am a resident homeowner living at 514 7th Street Huntington Beach, CA 92648. I live in a 1905 Cottage style building. I Object to the city issuing of Variance No 17-003 to Joseph D. Santiago. I am requesting a second opinion on this matter. I am in favor of trying to save historic buildings in Huntington Beach, but not if it is being place on a lot that already has a building it and would not be conforming to the current City Codes in place to protect the homeowners in the surrounding properties. . The parcel of land that the building was previously located was a corner lot that was double in size of the parcel of land that he wants to plant this building on...not to mention there is already and existing building attached to this land. It is wondrous to me that just because it is deemed "historic", that all the rules regarding building codes and structures in they Cit suddenly gone out the window., and this homeoner gets to usurp the rights of the parcels of land and the homeowners living on either side of it? The proposed changes to both buildings would create an easy opportunity for a room for rent scenario, with 6 bathrooms in total and a small adjoining hallway. This historic building was set on a basement foundation in its original state. By moving this property, onto this parcel of land, the original integrity of the building could not be reproduced. Please reconsider this request and do not issue this variance. Sincerely, Cindi Motis HB -333-Item 21. - 53 From:Curt Huynh To:Wong, Chris Cc:Yuanita Tambunan; Curt Huynh Subject:Objection to Variance # 17-003 - Please make all address officials get this email Date:Monday, June 26, 2017 4:50:43 PM To Huntington Beach Council Members, Members of the Planning Committee and Christopher Wong: URGENT: Objection to Variance # 17-003 - Please make all address officials get this email before June 27th, 2017 before hearing. My name is Curt Huynh and I am the residence of 508A 7th Street, Huntington Beach, CA 92648. I am writing this email to you to oppose Variance NO. 17-003. I respectfully ask the City Councils and the members of the Planning Committee to consider denying this overly aggressive variance request as it clearly poses significant and immediate safety issues for my residence and my adjacent neighbor’s residence, as well as it negatively impacts the parking in the surrounding neighborhood for the foreseeable future. By allowing the reduction of side yard setback from the standard 3.15 foot to 1.33 foot will clearly pose restrictions on emergency vehicle access in the already narrow alley way. A recent kitchen fire that occurred in one of the residences in our block is living proof that the alley way is already extremely narrow as the fire truck struggled to get through the alley; reducing the required setback will only make this situation from bad to worse. In addition, by allowing the reduction of roof eave setback from the standard 30 inches to 6 inches from northern side and 12 inches from the southern side will clearly pose significant risk of flooding on the two adjacent properties during raining seasons. During the last summers, heavy rain already caused flooding in the side access way to my residences. I can’t imagine the water damage would cause of bringing a full 24 inches roof eave closer to my side of the residence during raining seasons. By allowing an enlargement of a non-conforming structure from a standard 50 percent maximum to a 283 percent (nearly 600 percent over the building code limit) will result in an overly massive and towering structure (35 feet tall) compared to the surrounding neighborhood. This will not only take away the historical characteristics of the proposed structure, but will also destroy the very accent of what protecting the historical structure is about to begin with. This gigantic proposed structure will appear out of place, abnormal, and definitely will NOT represent Huntington Beach. Clearly, this proposed structure is too massive in size to fit in this small lot. Therefore, I once again ask the City Councils and members of the Planning Committee to consider denying this variance request for the sake of safety of the adjacent residences and protecting surrounding neighborhood. I also would like to request the hearing for variance NO. 17-003 to be deferred to a later time (at least until after July 4th holiday) as most of the surrounding residences are still away from summer vacation with family when the notice letter were sent out; thus, not everyone have an opportunity yet to review variance NO. 17-003 in the details. HB -334-Item 21. - 54 I can be reach via email at chuynh1628@gmail.com and via mobile phone at 626-410- 8663. Thank you very much. Sincerely, Curt Huynh HB -335-Item 21. - 55 From:James, Jane To:Wong, Chris Subject:FW: Variance 17 003 Date:Monday, June 26, 2017 10:11:13 AM FYI Jane James | Planning Manager City of Huntington Beach Department of Community Development 714.536.5596 | jjames@surfcity-hb.org -----Original Message----- From: Joe Motis [mailto:joemotis@gmail.com] Sent: Monday, June 26, 2017 5:34 AM To: Planning Commission Subject: Variance 17 003 This variance needs to be tabled and reviewed There are so many questionable items and we received notice last Monday the 19 th of June and the Planning Commission is meeting on the 27 th of June. Seems like this is being rammed through without any input from anyone. This whole project is stuffing 10 pounds of effluent in a 5 pound bag. I believe the property owner is the same individual responsible for the unfinished old house sitting on another house on 10 th st. that has been an eyesore fore a decade. Again, please table this until there has been some community input . Thank you Joe and Cindi Motis 514 7th st. Huntington Beach HB -336-Item 21. - 56 From:De Coite, Kim To:Planning Commission Cc:Wong, Chris Subject:FW: Surf City Pipeline: You have been assigned a new Request #: 30207 Date:Monday, June 26, 2017 2:05:08 PM   Please see below.   Kimberly De Coite Administrative Assistant Department of Community Development 714-536-5276 kdecoite@surfcity-hb.org   From: Surf City Pipeline [mailto:noreply@user.govoutreach.com] Sent: Monday, June 26, 2017 1:57 PM To: De Coite, Kim Subject: Surf City Pipeline: You have been assigned a new Request #: 30207 Request # 30207 from the Government Outreach System has been assigned to you. Request type:Problem Request area:Planning Commissioners Citizen name:John Acampora Description:I encourage the Planning Commission vote against the proposed zoning Variance #17-003. Briefly, here are my reasons: 1. Joseph D. Santiago has a poor record of restoring historic building as demonstrated by the building on the north side of Orange Avenue between 10th and 11th street. This property has been in various stages of renovation for years. It's unsightly and possibly dangerous to the surrounding inhabitants. 2. The proposed variance will possibly cause harm to the adjacent neighbor's property based on the set-back and the potential for rain spillage. 3. There is virtually no access for emergency responders. 4. The historic provenance of the property changes dramatically when simply placed on a modern garage structure. 5. The historic value of the renovation will be lost as the property will not be visible from Seventh Street. For these reasons I oppose the Variance Expected Close Date:July 10, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email HB -337-Item 21. - 57 replies are not monitored and will be ignored. HB -338-Item 21. - 58 From:Marcia Curran To:Wong, Chris Subject:Fwd: Variance No. 17-003 Date:Monday, June 26, 2017 5:05:50 PM Dear Mr. Wong, Please forward the following email regarding Variance No. 17-003 to all City Council members and to each Planning Commission member individually. I found the City website difficult to access the appropriate email addresses. Thank you, Marcia Curran Begin forwarded message: From: Marcia Curran <mcsilverlining@icloud.com> Subject: Re: Variance No. 17-003 Date: June 26, 2017 5:01:05 PM PDT To: planning.commission@surfcity-hb.org Dear Planning Commission, We received our first notice and Staff Report for Variance No. 17- 003 this past week. Our names are Marcia and Michael Curran. We reside at 517 7th St. and have been at this residence since 1988. First, we are concerned that we were given short notice of the project and the planning commission meeting. After reading the Staff Report and viewing the property at Orange Ave. and 10th St. that is also owned by Joseph D. Santiago, we both object to the approval of this variance. Our objection is based on concerns that Mr. Santiago previous restoration project at 10th and Orange was started 13 years ago and is still not completed and looks to be deteriorating and dilapidated. We are concerned that if Mr. Santiago treats the 7th St. property as he has the 10th & Orange property, that it will not only be a blight to our neighborhood, but a fire hazard to the adjacent homes. We have numerous other concerns that we will speak to tomorrow night at the Planning Commission Meeting. However, one concern that is paramount regarding the Staff Report regards the description and illustration on Page 3 of the report. The statements, "This new building area will be attached to the existing dwelling through a new hallway" and "six and a half bathrooms" are an obvious red flag as to the possibility that the renovation is intended to be used as a multiple rental dwelling. A hallway is easy to close off to create two separate dwellings and the need for 6 1/2 bathrooms is certainly questionable for a single family dwelling. HB -339-Item 21. - 59 We ask that you either deny this variance or table it to the next Planning Commission meeting so that the impacted residents have additional time to review. Thank you, Marcia and Michael Curran 516 7th St. HB -340-Item 21. - 60 From:De Coite, Kim To:Crowe, Bill; D"Alessandro, Paul; De Coite, Kim; Garcia, Pat; Grant, Michael; Hess, Scott; James, Jane; Kalmick, Dan; Mandic, Connie; Ray, Alan; Scandura, John; Villasenor, Jennifer Cc:Wong, Chris Subject:FW: Surf City Pipeline: You have been assigned a new Request #: 30193 Date:Monday, June 26, 2017 2:03:59 PM Please see below. Kimberly De Coite Administrative Assistant Department of Community Development 714-536-5276 kdecoite@surfcity-hb.org From: Surf City Pipeline [mailto:noreply@user.govoutreach.com] Sent: Monday, June 26, 2017 8:33 AM To: De Coite, Kim Subject: Surf City Pipeline: You have been assigned a new Request #: 30193 Request # 30193 from the Government Outreach System has been assigned to you. Request type:Problem Request area:Planning Commission - Comments on Agenda Items Citizen name:Mark Leeson Description:Dear Council Members: The purpose of my email is to strongly recommend that Variance No. 17-003 , scheduled to be considered this Tuesday, concerning relocation of the old house recently located at the corner of Pecan Ave and 7th street and to be moved to the back yard of 506 7th Street, be denied. As a 35 year resident and business owner in Huntington Beach I see this as a backward step for the community. Wedging a broken down old house onto the rear portion of 506 7th Street is not preserving a historical site for the city. This is merely an attempt to obtain and place a cheap structure in the downtown area so that rooms can be rented out at a profit. Parking space scarcity, fire hazard, congestion and the visual degradation of the neighborhood are only a few of the reasons not to do this. The applicant’s previous project on 10th Street is similar in nature and the site remains an eyesore after 13 years. Please listen to your constituents and continue the revitalization in Huntington Beach by denying this variance. Thank you for your consideration. Mark K Leeson HB -341-Item 21. - 61 515 Pecan Ave Huntington Beach, CA 92648 Cell 1-714-308-6612 Expected Close Date:July 7, 2017 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. HB -342-Item 21. - 62 From:THOMAS SHAW To:Wong, Chris Subject:Variance No. 17-003 (Historic Single-Family Residence Relocation) Date:Monday, June 26, 2017 3:37:05 PM Dear Mr. Wong, My name is Tom Shaw, since 1975 I have live at 504 7th st in downtown HB next door to this proposed project. I am writing you today to ask you to Deny this Variance and proposed project. Our house was built in 1905 and we have tried to maintain it’s historical value and were saddened when the historic house at 428 was moved off the lot next door. I feel, since I moved into the downtown area in 1971, the city has lost many of the cute, old, historic homes that once surrounded us to the development of the 50 foot parcels into (2) 25 foot parcels, usually at the demise of the old structures. We were also aware, and applauded the applicants desire in 2005 to move the Manning house to the 10th street location in the interest of preserving that rich history that is HB. We are now and have been saddened by the unsightliness and dilapidation that that project has fallen into. So you can understand how troubled we are to have that kind of structure next door to our house. The difference between the Manning project and the project proposed at 506 7th is that the manning project is on a corner, in a mixed use neighborhood on a 50 foot lot. The proposed project at 506 7th is a larger structure, on a 31.5’ lot squeezed into an entirely residential neighborhood between two existing homes with minimal setbacks and maximum height allowances. Neither the size of the building nor the developer’s ability to complete a project of this magnitude fits in this neighborhood or on this lot. I am very concerned about the potential blight of an aging building so close to my house and all the safety, structural collapse, fire, rodentia hazards and degradation of our property values that this project would subject us to. Thank you for your attention to this problem. Please ensure that a copy of this email is sent to all Planning Commissioners and City Council Members before tomorrow night’s Planning Commission Meeting. Sincerely, Tom Shaw 504 7th st 714-721-4124 HB -343-Item 21. - 63 From:Donald McClintock To:Wong, Chris Subject:Please DENY Variance Application #17-003 Date:Monday, June 26, 2017 6:01:59 PM Ladies and Gentlemen of the Planning Commission, City Council, City Attorney, Historical Committee: Hello, My name is Don McClintock and we own the home on 526 7th Street in HB. We reside in Henderson, NV, but are planning to retire in HB. We were recently informed of the subject variance, and did a bit of research. Below are my concerns and comments: 1. From what I gather, this is the same owner of the Orange and 10th “historical project”. If this is the kind of project that brings pride to the HB Planning Committee, I am concerned we made a mistake on where we chose to retire …… we walked down there yesterday and took a closer look at this “historical project”. It is not only an eyesore, but also appears to be dangerous to anyone living in there, as well as a fire hazard. I am not sure how this can even remain standing, let alone occupied??? 2. As for the historical aspect of the moved home that the owner wants to relocate back to the 5th block of 7th street: a. In my opinion, once it moved off its foundations, it should have lost all of its historical significance. b. IF it is to maintain any historical significance, it should maintain its EXACT same reference as the original sitting – i.e.: 5th street facing and front ----- not buried in the rear of the lot behind another house. 3. I do not see why there should be allowed such an array of permit variance requests (size, parking, offsets, bedrooms, etc.) for this specific project affecting the immediate neighbors, as well as the entire community. From what I gather, the owner is also on the Planning Committee (possibly copied???) ---- if this is variance is approved, it would be hard to assume there was NOT a conflict of interest opening the door to legal repercussions. While I do have other concerns, these (3) cover the main aspects of my concern. Thank you, HB -344-Item 21. - 64 Don McClintock 805.460.9854 HB -345-Item 21. - 65 From:Gloria Alvarez To:Planning Commission Cc:Wong, Chris; Villasenor, Jennifer; Hess, Scott Subject:Variance No. 17-003 Date:Monday, June 26, 2017 6:41:38 PM To HB Planning Commission, As I am currently out of the country, please accept this email strongly requesting that you deny Variance No. 17-003 for the following reasons. - Since Mr Santiago has taken an interest in the property at 506 7th St., my understanding is that there have already been Code enforcement citations. One involved a toilet left in the alley for several weeks, second being a camper he allowed parked in the backyard that was discharging unacceptable fluids into our alley. Now the City has sent notice that Mr Santiago wishes to "plop" a second house at 506 7th St. by squeezing & cramming it into the back yard! - As a 3rd generation HB resident whose family settled here in HB 100 years ago, - as someone whose mother went all through grade school & high school (1930's -1940's) w/ the original owner of the house in question, - as the former Chair of the HB Historic Resources Board, - as a current member of HB Preserve Our Past . . . I take offense that this "project" is being presented under the guise of "historic preservation". Trying to cram an hugely oversized & reconfigured house in a grossly undersized backyard lot is not historic preservation! - Upon my review of all 6 variance requests noted in the Staff Report, it's obvious that all 6 are not is just a "wee bit" over maximum variance allowances. Most offensive is # 6: a 283% increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50% area of enlargement to a nonconforming structure! That is a 233% increase over & beyond the 50% maximum permitted!!! All of the above 6 variances requested far exceed safety guidelines and would at a minimum create a fire hazard to all our surrounding homes. - Now to review Mr Santiago's track record involving his other unsightly "historic preservation project" at 10th & Orange. Under the pretense of "historic preservation" since 2003 he has done nothing more than run a "flop house". One fact being that people were living upstairs in the "historic house" while it was not approved for occupancy. - To those of us who have followed the saga of Rosemary Robinson's blue house, we are all well aware that this current proposed "project" is nothing more than another attempt to obtain and place a cheap structure in the downtown area so that rooms can be rented out at a profit. HB -346-Item 21. - 66 Please review & consider & respond to the concerns of the residents by denying this variance. Thank you, Gloria Alvarez, Resident 503 Pecan Avenue HB, CA 92648 949-370-7153 Sent from my iPhone HB -347-Item 21. - 67 From:Karen Bravata To:Wong, Chris Subject:Objections to the Granting of Variance No. 17-003 Date:Monday, June 26, 2017 11:10:49 PM Good evening, The subject Variance No. 17-003 should be denied, or in the alternative, continued to allow the neighbors around the proposed project an opportunity to gather information regarding the impact it will have upon us. The granting of Variance No. 17-003 will absolutely constitute a grant of special privilege to this applicant developer which is wholly inconsistent with limitations imposed upon other properties in the vicinity. The variance requested will allow this project to be completed with the six significant zoning allowances which will negatively impact the neighborhood in general and disproportionately impact the neighbors who live in the immediate vicinity of the project. The six individual requests within this one variance are each significant in their own regard but, when they are combined on one residential lot, the effect will be magnified. Most significantly, the subject variance will allow the structure a 240 percent (3,107 square feet) increase in the area of enlargement to a nonconforming structure in lieu of the maximum permitted 50-percent area of enlargement to a nonconforming structure. This increase is unreasonable and unacceptable for the neighborhood. It is inequitable when compared to the restrictions upon other homeowners and builders in the community. The end result will be out of balance with the other homes which conform to the building requirements and restrictions in the area. Parking in the vicinity of the project is already unusually restrictive due to the proximity of Main St. and the Pier beach area. Any additional non-conforming allowances for parking will necessarily result in a significant impact on residents and business in the area. The dwelling height limitations of 25 feet in the rear of our lots already creates a relatively “tunneling” view from the alley side of our homes. Providing this residence with an additional almost 15 foot increase would exasperate the tunneling effect in a manner that would not be pleasant or aesthetically desirable. The proposed 2.5-foot and 1.33-foot side yard building setback in lieu of the minimum required 3.15-foot setback and a six- inch and 12-inch side yard roof eave setback in lieu of the minimum required 30-inch setback will obviously have a negative impact on the value of the adjacent homes to the project. More concerning, is the potential safety issues that such a reduction could present to not only the homes directly adjacent to the project but also to all the surrounding homes. The home next door to my home caught fire last year. I experienced first hand how the closeness of our “downtown” homes effects the possibility of a fire spreading from home to home. I was particularly concerned to see just how difficult it was for the fire and medical personnel to effectively navigate in the small spaces between our homes. To allow a further reduction of the setbacks, especially where the current and added structures are old wood buildings, could very seriously increase the chance of fire and/or make responding to emergencies HB -348-Item 21. - 68 between the project and the existing adjacent homes that much more different for first responders. There is no doubt that the negative impact upon the neighbors around the proposed project will be significant and long lasting but that might make sense IF it was justified. This project is simply not justified. A balancing of the reasons to allow this developer to “cheat” the rules we must all follow for the good of the community against all the numerous reasons to deny the request leaves me with nothing on the “pro” side at all. The project will not preserve a historic home in the least. First, neither the existing home nor the one proposed to be moved onto the property have been shown to be registered as historic. There is nothing in the various documents which supports a finding that either home has been subjected to any scrutiny regarding their historic nature. They are old but old does not mean historic. There must be more shown to justify all the negative impact that we neighbors will experience if this project goes forward. The applicant should be required to prove that these homes have historic designations and that such will be preserved by putting them together on one lot. Even if they are separately significant historically, it certainly seems likely that attaching them to one another would have some effect on such significance. At the very least, the applicant should be required to prove that they are historically significant, not just old, and that his “project” would preserve that historic significance. At this point, it does not appear that he has done so. There are only two “other properties within the neighborhood [that] have been granted variances to setbacks, and standards for height to facilities the restoration and preservation of historic structures” noted in the “Suggested Finding for Approval”. One of the two was given to this very same developer. It is not logical to use the fact that the applicant had another variance previously granted to support a finding that granting this variance “will not constitute a grant of special privilege because variances have been approved for the preservation of different historic structures in the neighborhood.” Out of the hundreds of homes, there have been two variances. Of those two, one was obtained by this very applicant. The applicant’s other project on Orange and 10th Street is unfinished and in a state of disrepair. That project certainly did not “preserve” either building. It is an absolute 100% blight. Moreover, even a cursory review of how that project has progressed, or not progressed, over the years should only further support a finding that if granted this project will continue to be an eyesore with negative community impacts for years and years to come. Based upon the above, I implore you to deny the variance requested or at the very least continue your decision on the variance so that we have a reasonable opportunity to investigate and comment further. Sincerely, Karen Bravata 507 Pecan Ave, Huntington Beach, CA 92648 (714) 878-0323 HB -349-Item 21. - 69 From:Tami McClintock To:Wong, Chris Subject:PLEASE DENY APPLICATION FOR VARIANCE #17-003 Date:Monday, June 26, 2017 7:55:04 PM Ladies and Gentlemen of the Planning Commission, City Council, City Attorney, Historical Committee: My name is Tami McClintock. My husband and I purchased a home at 526 7th Street in Huntington Beach a few years ago with plans to retire here. We fell in love with Huntington and the uniqueness of this town. We love the Historical homes and would love to purchase an older home and refurbish it as well. Our realtor has been watching the market for us the last months. Recently, we learned that Variance #17-003 is being considered and voted on. We are surprised that our neighborhood was just informed this past week. While my husband was in town this weekend, we tried to research and understand how this would affect us and our neighbors. We walked down to see the previous “historical project” from the same developer. We were shocked to see the condition of this structure. Not only is it a safety hazard to the occupants, it appears to be a fire threat to anyone living around it. It makes no sense that this contractor would be allowed a variance which will intrude on the neighbors’ property lines. Where will the rain go off this house? Who’s yard will be flooded from this rooftop since historical houses have no gutters? How will the Fire Dept have access to this house if needed? How can this be considered a Historical House if it is attached to the back of another? If this house was worth renovating, why was it not done so on the original property? If this contractor has not renovated the house on Orange, chances are he will not renovate this one either and it will become another eyesore and safety hazard. Are we also correct in learning that this same man is on the Historical Committee? If so, this seems like a conflict of interest. My husband is out of town, and I cannot make the meeting tomorrow night, but we are asking that you Deny the application for Variance #17-003 Thank you for your consideration, Tami McClintock (702)533-9682 HB -350-Item 21. - 70 From:Marsha Shaw To:Wong, Chris Subject:Variance No. 17-003 (Historic Single-Family Residence Relocation) Date:Tuesday, June 27, 2017 8:30:24 AM Dear Mr. Wong, My name is Marsha Shaw. I and my family have lived in downtown HB since 1971 and at 504 7th St. since 1975. We live in one of the historical downtown houses shown in the Staff Report, Figure 4 on page 9 and listed with the other 3 historical homes in Attachment 1.2. That the city recognizes the historical value of the older homes is to be lauded. And that there is this variance process to accommodate the special needs of these homes in order to preserve them is also to be lauded. The easing of the codes by the city for historical homes, I’m sure, is done with reason, forethought and logic. However, the numerous variances for this historical property go well beyond that. I’m shocked that the Fire Dept. signed off on this project given the easing of the setbacks. I believe that no consideration was given to the quality of life of the neighbors directly on either side of 506 7th St. given those minimal setbacks. What about a fire? (Which will affect ALL the neighbors). What about the rain that will fall into the neighbors’ yards off the eaves given the closeness to the property lines? What about asbestos? What about lead paint? On page 8 of the Staff Report it says “The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. And on page 9 under Preservation of a Historic Structure it reads “The City’s General Plan encourages the preservation of historic structures…..” then continues “MODIFICATION OF ANY PART OF THE HISTORIC STRUCTURE TO COMPLY WITH HBZSO WOULD DEFEAT THE PURPOSE OF PRESERVATION”. How is shoe horning a much too large house (historic or not) onto a much too small lot be a positive to the General Plan, and how is it NOT defeating the purpose of preservation? On page 6 of the Staff Report it says “Granting the variances…. will facilitate the preservation of a locally designated historic single-family residence. If not for the proposed relocation, the historic structure would have been demolished”. Really? How does the staff know that? If fact, the house was relocated from 428 7th St to a storage area by Mr. Santiago at least a year before he bought the 506 7th St. property. On page 7 of the Staff Report it says Coastal Status: Not applicable. Okay. Design Review Board: Not applicable. The Board should have at least taken a moment to envision how this project will look. That it could consider it any thing other than an eyesore would stunning. For 40 years my family and I were able to look across Pecan and see that lovely old home and appreciate her history and charm. To me, this proposed plan is almost demeaning to her. That she will be plopped on top of another building (she was designed to sit on the ground), half hidden behind a home that is not of historic note is so sad. I know that sad does not carry much weight for denying this project, but perhaps your parameters and guidelines for these homes should also be eased to consider their final resting places and their dignity. For a city that cares about its historic homes, to allow this project would be at minimum shameful. Sincerely, Marsha Shaw Please forward this to all the Planning Commissioners and City Council Members. Thank you. HB -351-Item 21. - 71 A variance is a permit that allows a property owner to construct a building without having to comply with applicable zoning district development standards. For the Planning Commission to approve a variance, all the following findings must be satisfied. If a variance cannot satisfy one or more of the four findings, it must be disapproved. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. • Applicant cites two established precedents to support this finding. The second one, Variance No. 12-005 dated January 23, 2013 relates to the historical Hotel Evangeline. This is not an applicable precedent because the historical structure was restored IN- PLACE and the variances were required only to facilitate the construction of a separate structure, a garage, on the property. • The other precedent cited, Variance No. 03-01 dated April 4, 2003 was issued to the current applicant to facilitate moving a historically significant building onto the lot of another historical building. To date, 14 years later, applicant has not completed the subject property. o Has not met several of the initial conditions of approval of Variance No. 03-01 (sewer, water and electrical) o Project building permits have lapsed (12 months) and construction cannot legally continue. o The current project violates another finding that was a basis for approval of said variance; that approval was consistent with the policies of the General Plan HCR 1.1, 1.2.2, and LU 4.2. - specifically, to promote the preservation and restoration of the City’s historically and archaeologically significant resources. See photos attached – historic structure has not been restored or maintained. It has deteriorated over the 14 years. • If variance No. 03-01 is to be used as a precedence, the ability of the applicant to execute the project should also be considered and therefore this variance should be disapproved. 2. Because of special circumstances applicable to the subject property … the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. • The SUBJECT PROPERTY is 506 7th Street. The subject property privileges are only being restricted because of the desire to move the historical building. Applicant can fully realize the property privileges through new construction and other conventional means. • If you want to include in the definition of “special circumstances” the fact that applicant desires to move a historically significant building, I would argue that said building currently doesn’t qualify as “property” for these purposes, because it doesn’t sit on a lot within the city. But if you want to consider the historically significant building in this application, moving it to this particular lot, atop a new garage is not the only option. More suitable lots exist. The General Plan Policy HCR 1.3.7 States a desire to: “Explore alternatives that enable a property owner to sensitively add to the existing structure, or develop an accompanying building on the site that allows property development rights to be realized. Deviation to setbacks, height, parking, and other requirements should be HB -352-Item 21. - 72 considered to make the preservation of an existing historic building feasible when no other reasonable alternative exists. 3. The granting of the variance is necessary to preserve the enjoyment of one or more substantial property rights. • The SUBJECT PROPERTY is 506 7th Street. The subject property rights are only being restricted because of the desire to relocate the historical building. Applicant can fully realize the property rights through new construction and other conventional means. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. • Applicant states “that the City’s General Plan encourages the preservation of historic structures, and specifically authorizes variations from development standards to promote such preservation.” Again, I would clarify that the City’s General Plan states desire to “make the preservation of an existing historic building feasible when no other reasonable alternative exists.” • Prior execution by applicant on the property subject to Variance No. 03-01 demonstrates action detrimental to public welfare and injurious to property in the same zone classification in that 14 years have passed and subject property is incomplete, building permits have expired and the historical building at the center of the project has fallen into disrepair. HB -353-Item 21. - 73 HB -354-Item 21. - 74 HB -355-Item 21. - 75 From:James, Jane To:Wong, Chris Subject:FW: Variance Number 17-003 Date:Tuesday, June 27, 2017 11:28:32 PM     Jane James | Planning Manager City of Huntington Beach Department of Community Development 714.536.5596 | jjames@surfcity-hb.org   From: Shelly Leeson [mailto:shellyleeson@gmail.com] Sent: Tuesday, June 27, 2017 4:48 PM To: Planning Commission Subject: Re: Variance Number 17-003 Dear Planning Commission Members: As a resident of the 500 block of Pecan Avenue in Huntington Beach, I am sending you this message to encourage your strong DENIAL of a proposal coming before you this evening. The proposal is to bring an old house and place it on a lot already occupied by another structure. The proposed lot for this structure to be moved to is 506 7th Street, where a house already stands. The applicant requesting approval has done the same thing on another lot already, at 10th and Orange Streets. For 13 years, his eyesore has blighted the surrounding community, and people he rents rooms to from this property can be seen smoking, drinking, swearing and loitering out in the streets of the surrounding community on a daily basis. In 13 years, he has done nothing to improve the property or restore its "historic" stature. The applicant is planning on dumping a structure at 506 7th Street for the same purpose--to rent multiple rooms for profit at a minimal personal cost. This neighborhood is a community with families, including children of all ages, and we do not need additional parking problems, drunk, smoking, swearing and intoxicated loiterers, and an old structure that is a fire hazard and likely filled with asbestos and lead. For years, the families of this community dealt with drunks, drug use, parking problems, transients, public defecation, trash on our streets, people with mental health problems, and even sexual activity in our neighborhood, in front of our children, while the Beach Cities Interfaith Services Food Bank expanded their operation and criticized our community regarding our concerns. We have paid our dues, and the addition of another structure for cheap housing at 506 7th Street would create new concerns and hazards not only for our community, but potentially for the City as well. I strongly encourage you to consider only approving projects that improve our town. Thank you for your time and consideration . Respectfully, Shelly Leeson 515 Pecan Ave. Huntington Beach HB -356-Item 21. - 76 RECEIVED Hello Commissioners and neighbors JUN 27 2017 My name is Joe Santiago and I am the owner of the subject property at 506 7th Street. Dept of Community Development I want to begin by assuring everyone that neither I nor the Planning department are trying to "ram this through" as one concerned neighbor put it. I have been very careful, as has Planning Staff to make sure that what I am asking for is within the limits provided by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), the General Plan and the State Historic Building Code (SHBC). I've tried to find an easier, less complicated location but this is what was available and the proposal saves two at once. There will be development here. Will it preserve historic structures and be large but quaint or will it be a new, massive, stucco and plastic McMansion? I'll address neighbor concerns first. Out of 435 mailings, 15 people have responded with request to deny or negative comments. That's 3 -4%. Even doubled it's under 8%. 1. "track record of preservation" issues- For historic preservation, my track record at 403 10th Street is excellent. The timing not so much. Part of the time its taking is due to my faithful use of historic materials and methods to restore the Mayor manning House. Why do this? It is the Mt. Vernon of Huntington Beach and it deserves the time and effort. Much like the Worthy Property on 6th Street. Another part of the delay is the time its taken to educate Planning Staff on the rights and incentives afforded by the SBHC and the General Plan. Before I moved the Mayor's house the last project of this type was in 1986. Those delays for the Manning Project are not in play here. Lastly, the crash of 2008 put me in a financial bind which I am no longer in thanks to the financing of this project. I will commit to finishing the exterior of the Manning House by the end of this year. I'll post a bond or sign a covenant even. My financing on this project requires I finish in less than 2 years so some of the more time consuming internal details will be done with new materials and methods, these are historic structures but they're not Mt Vernon. 2. Fire Safety issues- Building and Safety Manager Carnahan, Planning Staff and I have adhered strictly to SHBC fire code requirements. The reference to a "fire last year" was a kitchen fire in a new house and was put out in short order. I was there to see it happening while walking home from dinner around the corner. 3. Parking issues - Though the project calls out 3 "officially counted" parking spaces there will be 6 de facto spaces — 4 enclosed spaces in the garage (2 of which are tandem) and two medium sized cars will easily, and legally, park parallel in the 31.5 feet of alley apron. 4. Historicity issues- The "Historical committee" I'm on is not involved in the decisions here so there is no "conflict of interest". The historic provenance of the house was done by a consultant firm years ago. Moved structures remain historic. There are hundreds, if not thousands of examples from the Manning and Pope Houses here to the Cape Hatteras Lighthouse in North Carolina. Half of this town has been shuffled around over the last 100 years. 5. Miscellaneous issues- The 10th street property is not a flophouse. I have full -time roommates who generally live there for 3 -5 years— just like most of the homes rented downtown. The 506 property is currently renovated and rented full time to professionals as well. I did get a Code Enforcement notice about debris in the alley but my handyman had removed the item before I even got the notice. So no violations. Nor at 10th Street. Having a camper parked on my own property is not a violation of any code and insinuating there are "unacceptable fluids" when I've had two fully functioning bathrooms onsite the whole time is just plain low. HB -357-Item 21. - 77 So, now the variances. The overarching idea for doing this project, with these requested Variances, is to create such a desirable property that no one would ever want to tear these historic landmarks down. It is based on the historic preservation of two of the earliest examples of pioneer homes in Huntington Beach. Providence allowed me to purchase 506 7th Street from Mr. Barat to bring the 428 7th Street House back to the neighborhood and allow the preservation of these culturally and financially valuable community assets. (We have a Visitors Bureau historic walking tour that needs places like this to walk to!) I will begin by addressing the one issue I do not have support from Staff on. This came to my attention last minute and I believe that given the time, I could have made a convincing code-based case for Staff support. Here is why: 1. The main reason to allow only a 50% addition to a non-conforming structure is to encourage/enforce a code upgraded structure/property. Generally, historic preservation takes precedent over code upgrades in all but a few life-safety situations- which we've addressed. It makes no sense to deny a code compliant portion of the addition because a more important historic preservation project is being implemented. By recommending against this subterranean structure alone, Staff are recommending the opposite of what the General Plan Historic Element recommends which is broad leeway to encourage preservation and fulfill property development rights. 2. At 535 sqft, well under 648sqft (50%), the subterranean parking/storage level would be entirely conforming if built after just five years. It should be allowed now because the historic house addition directly prevents the opportunity in 5 years, thus depriving me the chance to fully develop the property— a requirement for variance approval under HBZSO 241.10 B. 2. & 3.,* and a direct link to the historic houses. Even so, historicity isn't the only requirement/avenue for approval. The property without the historic structures would be able to have an even bigger subterranean garage/storage structure, more than triple in size, with the same conforming FAR. So HBZSO 241.10 B. 1. & 4•* allow this as proposed. Sure, I could wait and build the subterranean parking/storage level after just five years, but I would have to dig up and break up half the foundation, destroy the support structure above it and replace all of it just to get the storage and extra parking the project needs because I saved the two historic structures that directly prohibit me from building the subterranean parking/storage level in the first place. Staff position on this makes no sense. The idea isn't to make it financially impossible to develop a property fully, it's to trigger upgrades to the non-conforming structure, which is appropriately sublimated to the historic preservation of two landmark structures. 3. With the subterranean garage included, the Floor Area Ratio (FAR) is conforming. If the subterranean level doesn't count toward FAR or Lot Coverage, as Staff has stated, how then is it counted as an addition to a non-conforming structure? I have asked and gotten no specific citation of code. 4. I believe Staff interpretation on this specific issue is narrow, not broad as recommended by the General Plan and the State Historic Building Code. What is broad about denying what would otherwise be allowed by triple, but for the preservation of two historic landmarks? 5. Staff position on the subterranean parking space, that an extra two feet of level ground "should be" required has no basis in code. Borrowing code meant for public parking garages from Public Works is not allowed by law. There are much larger private, residential subterranean garages with steeper ramps (216 6th, 428 16th) throughout the downtown RMH-a zone so I could steepen the ramp to make the parking space level but the proposal is more practical and conforming as it is. Staff's justification "its never been done before." is not a legitimate reason to deny it as a space nor the ramp as a space. HB -358-Item 21. - 78 The rest of the project, having full Planning Staff support and a high degree of support in the neighborhood, 3-4% opposition duly noted, is based on the historic preservation of two of the earliest examples of pioneer homes in Huntington Beach. I implore you to bring the 428 House home to the neighborhood and allow the preservation of these culturally and financially valuable community assets. I would be glad to answer any question you might have. Thank you Joseph D. Santiago *241.10 Required Findings B. For Variances. 1. The granting of a variance will not constitute a grant of special privilege inconsistent with limitations upon other properties in the vicinity and under an identical zone classification. 2. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification and is consistent with the General Plan. HB -359-Item 21. - 79 HB -360-Item 21. - 80 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: MAY 8, 2017 PROJECT NAME: HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION VARIANCES PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 17-0057 ENTITLEMENTS: VARIANCE NO. 17-003 DATE OF PLANS: APRIL 13, 2017 PROJECT LOCATION: 506 7TH STREET PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: CHRISTOPHER WONG, ASSOCIATE PLANNER TELEPHONE/E-MAIL: (714) 374-5357 / CHRIS.WONG@SURFCITY-HB.ORG PROJECT DESCRIPTION: A PROPOSAL TO RELOCATE A HISTORIC SINGLE-FAMILY RESIDENCE FROM 428 7TH STREET TO 506 7TH STREET. THE RELOCATED STRUCTURE WILL BE PLACED ATOP A NEW THREE- CAR GARAGE AND BASEMENT, AND WILL BE CONNECTED TO THE EXISTING RESIDENTIAL STRUCTURE ON THE LOT VIA A NEW HALLWAY. VARIANCES ARE REQUESTED TO DEVIATE FROM FRONT YARD, SIDE YARD, AND GARAGE SETBACKS; MAXIMUM BUILDING PROJECTIONS INTO SETBACKS; MAXIMUM HEIGHT OF DWELLINGS (DORMERS); MAXIMUM LOT COVERAGE; AND REQUIRED OFF-STREET PARKING. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. VARIANCE NO. 17-003: 1. The site plan, floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design (with the following modifications). a. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing proposed screening must be submitted for review and approval with the application for building permit(s). (HBZSO Section 230.76) HB -361-Item 21. - 81 Page 2 of 4 b. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, they shall be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. (HBZSO Section 230.76) 2. Prior to issuance of demolition permits, the following shall be completed: a. The applicant shall follow all procedural requirements and regulations of the South Coast Air Quality Management District (SCAQMD) and any other local, state, or federal law regarding the removal and disposal of any hazardous material including asbestos, lead, and PCB’s. These requirements include but are not limited to: survey, identification of removal methods, containment measures, use and treatment of water, proper truck hauling, disposal procedures, and proper notification to any and all involved agencies. (AQMD Rule 1403) b. Pursuant to the requirements of the South Coast Air Quality Management District, an asbestos survey shall be completed. (AQMD Rule 1403) c. The applicant shall complete all Notification requirements of the South Coast Air Quality Management District. (AQMD Rule 1403) d. The City of Huntington Beach shall receive written verification from the South Coast Air Quality Management District that the Notification procedures have been completed. (AQMD Rule 1403) e. All asbestos shall be removed from all buildings prior to demolition of any portion of any building. (AQMD Rule 1403) 3. Prior to issuance of grading permits, the following shall be completed: a. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Community Development Department for review and approval. (HBZSO Section 232.04) b. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Public Works Department for review and approval. (HBZSO Section 232.04) c. Standard landscape code requirements apply. (HBZSO Chapter 232) d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (HBZSO Section 232.04.B) e. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (HBZSO Section 232.06.A) 4. Prior to issuance of building permits, the following shall be completed: a. The property owner shall sign, notarize, and record with the County Recorder a covenant assuring that the single-family residence will be maintained as one (1) dwelling unit. (HBZSO Section 204.06.F) b. A Certificate of Compliance shall be approved by the Community Development Department, and placed on record with the County Recorder. (HBZSO 258.06) HB -362-Item 21. - 82 Page 3 of 4 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Such activities are prohibited Sundays and Federal holidays. (HBMC 8.40.090) 6. The structure(s) cannot be occupied, the final building permit(s) cannot be approved, and utilities cannot be released until the following has been completed: a. Complete all improvements as shown on the approved grading, landscape and improvement plans. (HBMC 17.05) b. All trees shall be maintained or planted in accordance to the requirements of Chapter 232. (HBZSO Chapter 232) c. All landscape irrigation and planting installation shall be certified to be in conformance to the City approved landscape plans by the Landscape Architect of record in written form to the City Landscape Architect. (HBZSO Section 232.04.D) d. An onsite 36” box tree or the palm equivalent shall be provided in the front yard, and a 24” box tree shall be provided in the parkway to meet the Huntington Beach; Zoning and Subdivision Ordinance, the Arboricultural and Landscape Standards and Specifications, and the Municipal Code. (HBZSO Section 232.08, Resolution 4545, HBMC 13.50) e. The provisions of the Water Efficient Landscape Requirements shall be implemented. (HBMC 14.52) 7. The Development Services Departments (Building, Fire, Planning, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Community Development Director may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. (HBZSO Section 241.18) 8. Variance No. 17-003 shall become null and void unless exercised within one year of the date of final approval, or as modified by condition of approval. An extension of time may be granted by the Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. (HBZSO Section 241.16.A) 9. Variance No. 17-003 shall not become effective until the appeal period following the approval of the entitlement has elapsed. (HBZSO Section 241.14) 10. The Planning Commission reserves the right to revoke Variance No. 17-003 pursuant to a public hearing for revocation, if any violation of the conditions of approval, Huntington Beach Zoning and Subdivision Ordinance or Municipal Code occurs. (HBZSO Section 241.16.D) HB -363-Item 21. - 83 Page 4 of 4 11. The project shall comply with all applicable requirements of the Municipal Code, Planning and Building Department and Fire Department, as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (City Charter, Article V) 12. Construction shall be limited to Monday through Saturday, 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. (HBMC 8.40.090) 13. The applicant shall submit a check in the amount of $50.00 for the posting of the Notice of Exemption/Determination at the County of Orange Clerk’s Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission’s approval of entitlements. (California Code Section 15094) HB -364-Item 21. - 84 HUNTINGTON BEACH BUILDING DIVISION PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: MAY 6, 2017 PROJECT NAME: HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION VARIANCES PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 17-0057 ENTITLEMENTS: VARIANCE NO. 17-003 DATE OF PLANS: APRIL 13, 2017 PROJECT LOCATION: 506 7TH STREET PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: MARK CARNAHAN TELEPHONE/E-MAIL: (714) 374-1792/ MCARNAHAN@SURFCITY-HB.ORG PROJECT DESCRIPTION: A PROPOSAL TO RELOCATE A HISTORIC SINGLE-FAMILY RESIDENCE FROM 428 7TH STREET TO 506 7TH STREET. THE RELOCATED STRUCTURE WILL BE PLACED ATOP A NEW THREE- CAR GARAGE AND BASEMENT, AND WILL BE CONNECTED TO THE EXISTING RESIDENTIAL STRUCTURE ON THE LOT VIA A NEW HALLWAY. VARIANCES ARE REQUESTED TO DEVIATE FROM FRONT YARD, SIDE YARD, AND GARAGE SETBACKS; MAXIMUM BUILDING PROJECTIONS INTO SETBACKS; MAXIMUM HEIGHT OF DWELLINGS (DORMERS); MAXIMUM LOT COVERAGE; AND REQUIRED OFF-STREET PARKING. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer.  REQUIREMENT:  Development Impact Fees may be required for new construction and commercial/industrial additions.  Submit separate plans for all disciplines; Building 3 sets. Landscape plan is a separate submittal for irrigation and plants only. No accessory structures or flat work will be reviewed on the landscape plans. HB -365-Item 21. - 85 Page 2 of 3  CODE REQUIREMENTS BASED ON PLANS & DRAWINGS SUBMITTED:  Basement and 1st floor of the project shall comply with the current State building codes adopted by the City at the time of permit application submittal. Currently they are 2016 California Building Code (CBC), 2016 California Residential Code (CRC), 2016 California Mechanical Code, 2016 California Plumbing Code, 2016 California Electrical Code, 2016 California Energy Code, 2016 California Green Building Standards Code, and the Huntington Beach Municipal Code (HBMC). Compliance to all applicable state and local codes is required prior to issuance of building permit. The note on page 3 stating “Requirements of Title 24, Part 6, the California Energy Code, except where historical significance of character-defining features are threatened,” Is not accurate as it relates to the new construction. The applicant will have to comply with the current State Building Codes at time of permit issuance for all trades and disciplines.  Provide Emergency Escape and Rescue Openings per section R310.1 and R310.2.3 for basements.  The historical building can be placed on new construction per the 2016 California Historical Building Code. This would include structural upgrades to historical building. The plans as drawn show the 1st floor <3ft from the property line. If this is accurate, no openings would be allowed per the 2016 California Residential Code.  There are alternate means and methods to protect openings and eaves per the 2016 Historical Building Code Section 8-402. The applicant and designer will have to fully comply with these allowances for the historical building.  There is no circulate on the 2nd floor?  It appears that the 2nd floor Billiard Room wall and windows protrude further out into the side yard setback? Is this accurate, and what is that dimension to property line?  The 2nd floor (E) rear porch will require a guardrail designed per current code.  Wall legend is not accurate.  Review and provide compliance with Title 17 of the City of Huntington Beach Municipal Code, Building and Construction, specifically 17.28. This document can be found online on the city’s website.  In addition to all of the code requirements of the 2016 California Green Building Standards Code, specifically address Construction Waste Management per Sections 4.408.2, 4.408.3, 4.408.4. Prior to the issuance of a building permit the permitee will be required to describe how they will comply with the sections described above. Prior to Building Final Approval, the city will require a Waste Diversion Report per Sections 4.408.5.  The City of Huntington Beach has adopted the 2016 California Green Building Standards Code, including Sections 4.106.4.1 for Electric Vehicle (EV) Charging for New Construction  COMMENTS:  Planning and Building Department encourage the use of pre-submittal building plan check meetings.  Separate Building, Mechanical, Electrical and Plumbing Permits will be required for all exterior accessory elements of the project, including but not limited to: fireplaces, fountains, sculptures, light poles, walls and fences over 42” high, retaining walls over 2’ high, detached trellises/patio covers, gas piping, water service, backflow anti-siphon, electrical, meter pedestals/electrical panels, swimming pools, storage racks for industrial/commercial projects.  Provide on all plan submittals for building, mechanical, electrical and plumbing permits, the Conditions of Approval and Code Requirements that are associated with the project through the HB -366-Item 21. - 86 Page 3 of 3 entitlement process. If there is a WQMP, it is required to be attached to the plumbing plans for plan check. HB -367-Item 21. - 87 CITY OF HUNTINGTON BEACH FIRE DEPARTMENT PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: MAY 4, 2017 PROJECT NAME: HISTORIC SINGLE-FAMILY RESIDENCE RELOCATION VARIANCES PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 17-0057 ENTITLEMENTS: VARIANCE NO. 17-003 DATE OF PLANS: APRIL 13, 2017 PROJECT LOCATION: 506 7TH STREET PROJECT PLANNER: CHRISTOPHER WONG, ASSOCIATE PLANNER PLAN REVIEWER: STEVE EROS, FIRE PROTECTION ANALYST TELEPHONE/E-MAIL: (714) 536-5531 / STEVE.EROS@SURFCITY-HB.ORG PROJECT DESCRIPTION: A PROPOSAL TO RELOCATE A HISTORIC SINGLE-FAMILY RESIDENCE FROM 428 7TH STREET TO 506 7TH STREET. THE RELOCATED STRUCTURE WILL BE PLACED ATOP A NEW THREE-CAR GARAGE AND BASEMENT, AND WILL BE CONNECTED TO THE EXISTING RESIDENTIAL STRUCTURE ON THE LOT VIA A NEW HALLWAY. VARIANCES ARE REQUESTED TO DEVIATE FROM FRONT YARD, SIDE YARD, AND GARAGE SETBACKS; MAXIMUM BUILDING PROJECTIONS INTO SETBACKS; MAXIMUM HEIGHT OF DWELLINGS (DORMERS); MAXIMUM LOT COVERAGE; AND REQUIRED OFF-STREET PARKING. The following is a list of code requirements deemed applicable to the proposed project based on plans received and dated April 13, 2017. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer- Fire: Steve Eros, Fire Protection Analyst. Automatic Fire Sprinklers may be required. NFPA13D Automatic fire sprinkler systems are required per the California Fire Code and California Residential Code for new single family homes. Separate plans (two sets) shall be submitted to the Fire Department for permits and approval. For Fire Department approval, reference that a fire sprinkler system will be installed in compliance with the California Fire Code, NFPA 13d, and City Specification # 420 - Automatic Fire Sprinkler Systems in the building plan notes. (FD) HB -368-Item 21. - 88 Page 2 of 2 Note: The proposed plans does not clearly show the square footage of the entire new home. If the renovated home exceeds 5,000 square feet including all garage, bathrooms, etc., then a NFPA 13D fire sprinkler system will be required for the entire project. Further information is required to determine if the home requires fire sprinklers. Residential (SFD) Address Numbers shall be installed to comply with City Specification #428, Premise Identification. Number sets are required on front of the structure in a contrasting color with the background and shall be a minimum of four inches (4”) high with one and one half inch (½”) brush stroke. For Fire Department approval, reference compliance with City Specification #428, Premise Identification in the plan notes and portray the address location on the building. (FD) THE FOLLOWING SHALL BE MAINTAINED DURING CONSTRUCTION: a. Fire/Emergency Access and Site Safety shall be maintained during project construction phases in compliance with CFC Chapter 33, Fire Safety During Construction And Demolition. (FD) OTHER: a. Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b. Outside City Consultants The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) Fire Department City Specifications may be obtained at: Huntington Beach Fire Department Administrative Office City Hall 2000 Main Street, 5th floor Huntington Beach, CA 92648 or through the City’s website at http://www.huntingtonbeachca.gov/government/departments/Fire/fire_prevention_code_enforce ment/fire_dept_city_specifications.cfm If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. HB -369-Item 21. - 89 HB -370-Item 21. - 90 HB -371-Item 21. - 91 HB -372-Item 21. - 92 HB -373-Item 21. - 93 HB -374-Item 21. - 94 Construction date: Estimated Factual 1905 Unknown Architect Unknown 10. Builder 1. Approx. property size (in feet) 50 Frontage Depth 1 1 7.5' or approx. acreage 12. Date(s) of enclosed photograph(s) 10/85 Stare of California — The Resources Agency DEPARTMENT OF PARKS AND RECREATION HISTORIC RESOURCES INVENTORY Ser. No, HABS HAER NR SHL Loc UTM: A ATIFICATION 1. Common name 2. Historic name - 3. Street or rural address: 428 7th Street co Huntington Beach zip 92648 County Orange 4. Parcel number: 024-132-01 5. Present Owner: John McCormick Address: 8132 Sterling Avenue co Huntington Beach Zip 92646 Ownership is: Public Private X 6. Present Use: Residence Original use: Residence DESCRIPTION 7a. Architectural style: Colonial Revival 7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its originJII condition: Narrow clapboard siding covers the 11/2 story house at 428 7th Street. The high bellcast hipped roof features matching dormers centered with double-hung windows. Curved -carved rafter tails accent the roof and dormer eaves. The recessed front porch occupies the east half of the front porch and is supported by a single round column resting on a clapboard clad railing. Two entry doors face onto the porch and are accented by large windows at the top and recessed panels below. The base flares out slightly at the foundation line. A beltcourse forms a sill for the double-hung windows which are used throughout the house. Molding tops all the lintels and the porch frieze. Wooden stairs, flanked by a plain balustrade, lead onto the porch. A slanted bay window is located near the center of the east facade. An enclosed porch can be seen in the back. HB -375-Item 21. - 95 13. Condition: Excellent Good X Fair Deteriorated No longer in existence 14. Alterations: Front steps 15. Surroundings: (Check more than one it necessary) Open land Scattered buildings Densely built-up Residential X Industrial Commercial Other: 16. Threats to site: None known Private development X Zoning Vandalism Public Works project Other: 17. Is the structure: On its original site? Moved? Unknown? X 18. Related features: None SIGNIFICANCE 19. Briefly state historical and/or architectural importance (include dates, events, and persons associated with the site.) This is an outstanding example of coastal architecture which is significant to the historical streetscape of the City of Huntington Beach. Individually it represents a unique statement of the skilled craftsmanship prevalent in the early City. 20. Main theme of the historic resource: (If more than one is checked, number in order of importance.) Architecture 1 Arts & Leisure Economic/industrial Exploration/Settlement Government Military Religion Social/Education 21. Sources (List books, documents, surveys, personal interviews and their. dates). 22. Date form prepared 7186 By (name) D. Marsh Organization Thirtieth Street Architects Inc Address: 2821 Newport Blvd. City Newport Beach Zip 92663 Phone: (714) 673-2643 HB -376-Item 21. - 96 HB -377-Item 21. - 97 From:Joseph D. Santiago To:Wong, Chris Subject:RE: Entitlement Continuance Date:Tuesday, September 26, 2017 3:35:37 AM Hi Chris, thanks for catching that oversite. I would like to continue to October 16, the earlier of the two dates given as options. J Sent on a Sprint Samsung Galaxy Note® 3 -------- Original message -------- From: "Wong, Chris" <Chris.Wong@surfcity-hb.org> Date: 09/25/2017 4:01 PM (GMT-08:00) To: joseph santiago <graphicviolencedesn@yahoo.com> Subject: Entitlement Continuance Joe, In your letter, you forgot to mention the specific date you would like to continue the hearing to. Please indicate the specific date, or otherwise indicate you would like to continue the hearing to a date uncertain. Christopher Wong | Associate Planner City of Huntington Beach | Planning Division 714-374-5357 | chris.wong@surfcity-hb.org HB -378-Item 21. - 98 6 PtU/JT -iNiCo -roki EGA.ck c)iti C_Lc-/ae RECEIVED )40NIINGToki \)A-Ni\iN6 De-PAIL-TA/I E-Ar--/ OCT 10 2011 1,(uNirif\R,ToN VDA-ct-1 CA r/ Co.ifoo Fgom! JO5G-PLA SPiwilhtio L03 /bTl Ave_H / cA- PLA4 iee-c2bc-sTNG !\\0\LG -r-kt 20c -i aom -TIN UA-NC-C--;A F01Q_ -0/1E M D F-C-AL 4C-AA2 c AJG oN) ftANN-) oNA /At S S )7)E.MM__ OF A-uLcLu P-a.0C-Al IOU i4 (5T -0 C- IZ,(AyK 4--:5061 -r14 -The kE F oQ `r14-6 (-744_1,0tA jildb leZA-50»1.1. ), 17Lp\i\INt SOO(ANG SUC)S14-Arrikl- k116-C-/dCG/ r(-)&cr5ONNG rog RSCtnibtAkD 1,GCV.,A-•1/1/16-A1P4-Tion) Fo2. VPrC 2, 0 Fruz_ or ki EGOnAi—/Ok) C_R c 01:7- oPfosivok BY ) «\-\ E (144-4 Ko-Amek C()Ecl El /1-3 `(0E-T-C--c_ Goo FA1V-1 OA) b-4-iik-(.F oFA-tA, 2-3 aPPom-AJT -S, 1JCL,UPPJC OM 51-1kbu, Gt-90-(A-A1A:44.1 CAlki 1,/(YUE7) Dept. of Community Development HB -379-Item 21. - 99 Dept. ID ED 17-28 Page 1 of 2 Meeting Date: 11/6/2017 Statement of Issue: The City Council is asked to conduct a public hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, as amended (Code) in connection with the proposed tax-exempt Bond by the Public Finance Authority (PFA) in an amount not to exceed $20,000,000, to assist in the finance of the acquisition, construction, equipping, and improvement of the Prime Healthcare Huntington Beach, LLC (Huntington Beach Hospital). The Public Finance Authority is a joint exercise of powers authority and is the responsible fiscal agent for the bonds. Financial Impact: There is no fiscal impact to the City. The City will receive an issuance fee of $7,500, which will be applied to the General Fund. Recommended Action: A) Conduct the Public Hearing under the requirements of TEFRA and the Internal Revenue Code of 1986, as amended (Code) to Approve a Tax Exempt Bond Financing by the Public Finance Authority for Prime Healthcare Huntington Beach, LLC (Huntington Beach Hospital); and, B) Adopt Resolution No. 2017-53, "Resolution of City of Huntington Beach, California Approving a Tax Exempt Bond Financing to be Undertaken by the Public Finance Authority with Respect to Certain Projects of Prime Healthcare Huntington Beach, LLC Located in the City of Huntington Beach California." Alternative Action(s): Do not approve the Resolution and direct staff as necessary. Analysis: Huntington Beach Hospital is located 17772 Beach Boulevard and has been serving the residents of Huntington Beach since 1967. Huntington Beach Hospital is a 131-bed facility with over 500 employees and 300 doctors. In 2012, Prime Healthcare Foundation converted the hospital into a nonprofit organization. As stated, Prime Healthcare Huntington Beach, LLC, (Borrower) is a nonprofit corporation, organized under the laws of Delaware, and tax-exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Borrower is the sole CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Kellee Fritzal, Deputy Director, Business Development SUBJECT: Public Hearing under the Tax and Equity Fiscal Responsibility Act (TEFRA) and the Internal Revenue Code of 1986, to adopt Resolution No. 2017-53 approving a Tax Exempt Bond Financing to be undertaken by the Public Finance Authority of Wisconsin with respect to certain projects of Prime Healthcare Huntington Beach, LLC located in the City of Huntington Beach, California (Huntington Beach Hospital) HB -380-Item 22. - 1 Dept. ID ED 17-28 Page 2 of 2 Meeting Date: 11/6/2017 corporate member of Prime Healthcare Huntington Beach, LLC, a Delaware limited liability company, which owns certain hospital, healthcare, and related facilities located in the City of Huntington Beach, California. Based on the age of the building and the need to update facilities and equipment, Prime Healthcare is looking to finance the upgrades though a bond. The proceeds from the sale of the Bonds will be loaned to the Borrower, in the amount not to exceed $20,000,000 for Huntington Beach Hospital, to finance, refinance and/or reimburse the costs of the acquisition, construction, equipping, and improvement of the hospitals, other healthcare facilities, and their related facilities, including land (“Projects”). The Bond will specifically finance the following for Huntington Beach Hospital: Mammography Replacements New Nurse Call System Upgrade three (3) elevators Lobby remodel Replace four (4) air handlers (Radiology, Surgery, Isolation) Remodel Pharmacy Replace HVAC system controllers, chiller barrel, and exterior signage Upgrade parking lot lighting to LED Replace/Install first floor fixtures for mental health fast track area The remainder of the proceeds of the Bonds will be used by other affiliates of the Borrower for projects located in other jurisdictions in the State of California, as well as the states of Georgia, Ohio and Texas. Public Finance Authority The Authority is a political subdivision of the State of Wisconsin created for the purpose of issuing tax-exempt and taxable conduit bonds for public and private entities nationwide. The Authority is sponsored by the National Association of Counties, the National League of Cities, the Wisconsin Counties Association, and the League of Wisconsin Municipalities. The Authority partners with local governments to assist in the financing of public benefit projects that create temporary and permanent jobs, affordable housing, community infrastructure, and improve the overall quality of life in local communities. The Authority is authorized to issue bonds in all 50 states providing economies of scale for multi-jurisdictional projects. Prime Healthcare is doing a multiple state bond which the Public Finance Authority can accomplish. The Bonds will be special limited obligations of the Issuer payable solely from the loan repayments to be made by the Borrower to the Issuer, and certain funds and accounts established by the bond indenture for the Bonds. Environmental Status: Not Applicable Strategic Plan Goal: Strengthen economic and financial sustainability Attachment(s): 1. Resolution No. 2017-53 "Resolution of City of Huntington Beach, California Approving a Tax Exempt Bond Financing to be Undertaken by the Public Finance Authority with Respect to Certain Projects of Prime Healthcare Huntington Beach, LLC Located in the City of Huntington Beach California" 2. PowerPoint HB -381-Item 22. - 2 RESOLUTION NO. 2017-53 RESOLUTION OF CITY OF HUNTINGTON BEACH, CALIFORNIA APPROVING A TAX EXEMPT BOND FINANCING TO BE UNDERTAKEN BY THE PUBLIC FINANCE AUTHORITY WITH RESPECT TO CERTAIN PROJECTS OF PRIME HEALTHCARE HUNTINGTON BEACH, LLC LOCATED IN THE CITY OF HUNTINGTON BEACH, CALIFORNIA WHEREAS, Prime Healthcare Foundation, Inc., a Delaware nonprofit, nonstock corporation (the "Borrower"), has requested the Public Finance Authority (the "Issuer"), a Wisconsin bond issuing commission created under Sections 66.0301, 66.0303 and 66.0304 of the Wisconsin Statutes to issue revenue bonds to pay for the costs of certain projects of the Borrower and/or certain of the Borrower's affiliates, located in the states of California, Georgia, Ohio and Texas; and Pursuant to Section 66.0304(11)(a) of the Wisconsin Statutes, prior to their issuance, bonds issued by the Issuer must be approved by the governing body or highest ranking executive or administrator of the political jurisdiction within whose boundaries the project is to be located; and The Borrower is the sole corporate member of Prime Healthcare Huntington Beach, LLC, a Delaware limited liability company, which owns certain hospital, healthcare and related facilities located in the City of Huntington Beach, California (the "City"); and The Borrower has requested the assistance of the Issuer to finance and/or refinance (including reimburse) eligible costs of the acquisition, construction, equipping and improvement of certain hospitals, other healthcare facilities, and their related facilities, including land, located within the geographical boundaries of the City and owned by Prime Healthcare Huntington Beach, LLC (the "Projects"); and The Borrower has requested the Issuer to issue revenue bonds (the "Bonds"), in an aggregate principal amount of not to exceed $387,000,000 to finance and refinance projects in California, Georgia, Ohio and Texas, of which not to exceed $20,000,000 is expected to be used to finance and/or refinance the Projects in the City; and The Borrower has requested that the City approve the financing and/or refinancing of the Projects and the issuance of the Bonds in order to satisfy the requirements of Section 4 of the Amended and Restateu Joint Exercise of Powers Agreement Relating to the Issuer, dated as of September 28, 2010 (the "Joint Exercise Agreement"), and Section 66.0304(11)(a) of the Wisconsin Statutes; and Furthermore, pursuant to Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), the issuance of the Bonds requires approval, following a public hearing, by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Projects are located; and 17-6065/167504hnv 1 HB -382-Item 22. - 3 RESOLUTION NO. 2017-53 A notice of public hearing with respect to the proposed issuance of the Bonds and meeting the requirements of Section 147(f) of the Code was published in a newspaper of general circulation in the City and a copy of such notice is attach-d hereto as Exhibit A; and The City Council conducted the public hearing, at which time an opportunity was provided to present arguments both for and against the issuance of the Bonds and the nature and location of the Projects to be financed and refinanced; and The City Council now desires to approve the financing and/or refinancing and the issuance of the Bonds, NOW, THEREFORE, BE IT RESOLVED by the City Council, as follows: Section 1. The City Council hereby approves the issuance of the Bonds by the Issuer for the Borrower in a total amount not to exceed $387,000,000, and approves an amount not to exceed $20,000,000 which is expected to be used to finance and/or refinance the Projects in the City. It is the purpose and intent of the City Council that this Resolution constitutes approval of the financing and/or refinancing and the issuance of the Bonds for that portion of the Bonds which is expected to be used to finance and/or refinance Projects in the City for the purposes of Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Projects are located, in accordance with said Section 147(f) of the Code. It is also the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the City, which is the (or one of the) governmental unit(s) having jurisdiction over the area in which the Projects are located, in accordance with Section 66.0304(11)(a) of the Wisconsin Statutes and Section 4 of the Joint Exercise Agreement. Section 2. The Mayor and all other officials of the City are hereby authorized and directed, jointly and severally, to do any and all things and to prepare or cause to be prepared, negotiate, execute and deliver any and all documents which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Section 3. Nothing in this Resolution shall be construed to create any obligations of the City or any City officials or employees with respect to the repayment of the Bonds. Neither the Bonds nor the interest thereon shall ever constitute an indebtedness or a charge against the general credit or taxing powers of the City within the meaning of any constitutional or charter provision or statutory limitation and neither shall ever give rise to any pecuniary liability of the City. The owners of the Bonds shall never be paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues of the City. Section 4. This Resolution shall take effect immediately upon its passage. 17-6065/167504/mv 2 HB -383-Item 22. - 4 Deputy Director ofAonomic Development RESOLUTION NO. 2017-53 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor REVIEWED AND APPROVED: City Manager 17-6065/1675041mv 3 HB -384-Item 22. - 5 RESOLUTION NO. 2017-53 EXHIBIT A NOTICE OF PUBLIC HEARING [Attached] 17-6065/167504/my 4 HB -385-Item 22. - 6 • • Toy. 01. the tusuer.P."1.Yel:: 's:r.let•rfrant.tlie. -he...flan:ay the ,15 ,-.7.r1w....:1 to the: Otr late .tuedr. tistbiitie-tl: 11...s Wadipden-' . . . . . . : • • • • • • • Exhibit "A" AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA,) ) ss. County of Orange am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter, I am the principal clerk of The Orange County Register. a newspaper • of general circulation, published in the city of Santa Ana, County of Orange, and which news- paper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905, Case No, A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: October 20,2017 "1 certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct": Executed at Santa Ana, Orange County, California, on Date: October 20,2017 PROOF OF PUBLICATION • • .7..! , :Crgercit ....IN' err..41 1.1evcr....te-::141!•e•I e l.. -iletirte...J1ret•••• 115 ir:irC...2 lii an:. 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Grand Ave. Santa Ana, CA 92701 (714) 7964209 HB -386-Item 22. - 7 TEFRA Public Hearing Prime Healthcare Huntington Beach LLC November 6, 2017HB -387-Item 22. - 8 Summary There is no fiscal impact to the City –the City is a conduit to allow for the tax exempt financing Bonds are limited obligations of the Public Finance Authority Paid solely by Prime Healthcare Huntington Paid solely by Prime Healthcare Huntington Beach LLC (owner) No direct obligation of the City Prime Healthcare Huntington Beach LLC is the Huntington Beach HospitalHB -388-Item 22. - 9 Public Finance Authority Public Finance Authority was formed in 2010 The Public Finance Authority is a political subdivision of the State of Wisconsin with the authority to issue bonds in all 50 authority to issue bonds in all 50 states. Membership is not a requirement. Issues taxable and tax-exempt bonds for financing economic, cultural and community development Works with local governments, non-profit organizations and businessesHB -389-Item 22. - 10 Huntington Beach Hospital Proceeds will be used to reimburse the costs of the acquisition, construction, equipping and improvement of the hospital, including , such as: Mammography Replacements NewNurse Call System Upgrade 3 elevatorsUpgrade 3 elevators Lobby remodel , Upgrade Parking Lot Lighting to LED Replace air handlers (Radiology, Surgery, Isolation) Remodel Pharmacy Replace HVAC system controllers, chiller barrel and exterior signage Replace/Install 1st floor fixtures for mental health fast track areaHB -390-Item 22. - 11 Public Hearing To satisfy the Federal and State tax code, the City is required to: Conduct tonight’s public hearing under the Conduct tonight’s public hearing under the requirements of TEFRA and the Internal Revenue Code of 1986; Adopt the Resolution approving the issuance of the Bonds by the Public Finance Authority for the benefit of the Huntington Beach Hospital.HB -391-Item 22. - 12 Questions HB -392-Item 22. - 13 Dept. ID CA 17-004 Page 1 of 1 Meeting Date: 11/6/2017 Statement of Issue: The City Council has directed the City Attorney to amend Chapter 2.28 of the Huntington Beach Municipal Code to offer health insurance benefits to Council Members’ current spouses and family member dependents. Financial Impact: N/A Recommended Action: Approve for introduction Ordinance No. 4127, “An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington Beach Municipal Code Relating to City Council.” Alternative Action(s): Do not adopt An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington Beach Municipal Code Relating to City Council. Analysis: Section 2.28.020 of the Huntington Beach Municipal Code is amended to offer City Council Members’ current spouses or family member dependents City-funded health insurance benefits with the entire cost of premiums to be covered by the Council Member. Environmental Status: N/A Strategic Plan Goal: Non-Applicable – Administrative Item Attachment(s): 1. Ordinance No. 4127 – “An Ordinance of the City of Huntington Beach Amending Chapter 2.28 of the Huntington Beach Municipal Code Relating to City Council.” 2. Legislative Draft of Section 2.28.020 Health Insurance Benefits CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 11/6/2017 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Michael E. Gates, City Attorney PREPARED BY: Michael E. Gates, City Attorney SUBJECT: Approve for introduction Ordinance No. 4127 amending Chapter 2.28 of the Huntington Beach Municipal Code (HBMC) relating to health benefits for City Council HB -393-Item 23. - 1 APPROVED ASO FORM: ATTEST: / City Attorney ORDINANCE NO. 4127 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.28 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CITY COUNCIL HEALTH INSURANCE BENEFITS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. Section 2.28.020 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.28.020 Health Insurance Benefits Except as provided herein, each member of the City Council shall be offered all health insurance benefits (medical/dental/vision/life/add/Ltd) which are granted, and in the future shall be granted, to the department heads of the City of Huntington Beach, and the cost of such health insurance benefits shall be included in the annual budget and paid by the City. Each Council Member shall be offered City-funded health insurance benefits (medical/dental/vision/life/addiltd) for each Council Member. Each Council Member may add their current spouse and/or family member dependents onto the City's group health insurance policy with the additional monthly premium cost above single coverage for medicalldental/vision to be borne by the requesting member via payroll deduction or direct bill if insufficient funds. No cash-in-lieu thereof (medical opt-out) shall be offered to a Council Member or spouse and/or family member dependent. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 2017. Mayor City Clerk REVIEWED AND APPROVED: City Manager / City Attorney Au 17-6078/167650hnv HB -394-Item 23. - 2 LEGISLATIVE DRAFT HBMC CHAPTER 2.28 2.28.020 Health Insurance Benefits Except as provided herein, each member of the City Council shall be offered all health insurance benefits (medical/dental/vision/life/add/ltd) which are granted, and in the future shall be granted, to the department ,heads of the City of Huntington Beach, and the cost of such health insurance benefits shall be included in the annual budget and paid by the City. Each Council Member shall be offered City-funded health insurance benefits (medical/dental/vision/life/ add/ltd) for each Council Member. only; no spouse or dependent coverage, andEach Council Member may add their current spouse and/or family member dependents onto the City's group health insurance policy with the additional monthluremium cost above sin le covera e for medical/dental/vision to be borne by the requesting member via payroll deduction or direct bill if insufficient funds. -11-No cash-in-lieu thereof (medical opt-out) shall be offered to eacha Council Member or spouse and/or family member dependent. (2079-8/76, 3956- 9/12, 4044-3/15) 17-6078/167651/mv HB -395-Item 23. - 3 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Mike Posey, Mayor Pro Tem Date: October 31, 2017 Subject: CITY COUNCIL MEMBER ITEM FOR THE NOVEMBER 6, 2017, CITY COUNCIL MEETING – ECONOMIC IMPACTS OF THE HUNTINGTON BEACH AIR SHOW STATEMENT OF ISSUE: The 2nd Huntington Beach Air Show (Air Show) concluded on October 1, 2017, and attracted hundreds of thousands of visitors over the three-day show. While the Air Show is free, the City benefits through visitors spending money on parking, dining, and shopping before, during, and after the event. The Air Show is a reminder of the City’s history in aeronautics and is a proud exhibition of aviation’s past, present, and future. The City is proud to host such an awe-inspiring event that draws crowds from throughout the region. It is important for the City to understand the quantitative data that supports the positive economic impact that the Air Show brings into the City and not just the qualitative anecdotes from store owners, restaurant managers, etc. In order to understand the quantitative data, an in-depth analysis must be conducted to understand the economic impact. RECOMMENDED ACTION: Direct the City Manager to conduct an Economic Analysis of the 2017 Air Show and report back to City Council in ninety (90) days. xc: Fred Wilson, City Manager Lori Ann Farrell Harrison, Assistant City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney HB -396-Item 24. - 1 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: From: Date: Subject: Honorable Mayor and City Council Members Barbara Delgleize, Mayor Lyn Semeta, City Council Membe Erik Peterson, City Council Members November 1, 2017 CITY COUNCIL MEMBER ITEM FOR THE NOVEMBER 6, 2017, CITY COUNCIL MEETING — CENSURE OF A PUBLIC OFFICIAL STATEMENT OF ISSUE: At the previous City Council Meeting on October 16, 2017, City Council Member Billy O'Connell made a few very objectionable statements during Council Member Comments. That portion of the Council Meeting is specifically reserved for Council Members to share brief comments about recent events attended, offer gratitude for various community activities, and the like. No official City business, or serious matters to be discussed or considered by the City Council, are to be discussed during this portion of the meeting. However, at the October 16 meeting, Mr. O'Connell improperly revealed the details of an individual's "complaint" lodged with the City, which called for an investigation into a particular grievance/matter. Mr. O'Connell also made disparaging comments about City Departments and called for specific actions to be taken regarding the grievance matter. Such complaints are received by the City all the time, but the City's handling of these complaints are not subject to public disclosure during the time of grievance/complaint review, or durinq any investigation that may result. This non-disclosure of such matters are a part, among other basis, of the City's privileged deliberative and investigative processes. Any such matter that a Council Member considers substantive, or a matter of Council-wide concern, should be agendized. Raising an issue for comment or discussion of substance or Council-wide concern, without properly agendizinq the issue in advance, is a Brown Act violation. Mr. O'Connell's statements appear an attempt to call into question the integrity and character of the City Manager's Office, City Attorney's Office, and the Police Department. These offensive statements were likely illegal and may jeopardize the integrity of the investigation that may occur. City Council Members do not enjoy the same unbridled free speech at Council Meetings that the public does. Council Members are limited by the Brown Act, limited by the City's entitlement to maintain and preserve certain privileges, and limited by City Council Meeting decorum. In order to prevent Mr. O'Connell from continuing to violate the Brown Act, put at risk the privileges the City is entitled to preserve, and from continuing to violate City Council Meeting decorum, we recommend, as provided for in the Robert's Rules of Order, the following course of Censure discipline: HB -397-Item 25. - 1 City Council Member Item — November 6, 2017, City Council Meeting Page 2 November 1, 2017 RECOMMENDED ACTION: Direct the City Manager and City Attorney to prepare a Resolution of Censure publicly admonishing Council Member Billy O'Connell for his statements made during Council Member Comments on October 16, 2017. This Resolution should state the facts succinctly and call for Mr. O'Connell to formally apologize to the City for his inappropriate disclosures. The Resolution should state that the City Council does not tolerate such public statements of disparagement toward the men and women of other City departments, who deserve our respect. The Resolution should also put Mr. O'Connell on notice that the City Council will not tolerate any like statements in the future, and if such were to happen, that Mr. O'Connell will not be permitted to speak at Council Meetings, and if such statements continue beyond that, Mr. O'Connell may be subject to dismissal from City Council Meetings altogether by the Mayor and Sergeant at Arms. Xcr Fred Wilson, City Manager Lori Ann Farrell Harrison, Assistant City Manager Robin Estanislau, City Clerk Michael Gates, City Attorney HB -398-Item 25. - 2