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HomeMy WebLinkAbout2019-10-21 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable 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 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, October 21, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF OLIVER CHI, City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 City Council/Public Financing Authority AGENDA October 21, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-8531.Capital Improvement Project (CIP) Unfunded Capital Projects List 19-10532.Review of Options to Address our CalPERS Unfunded Accrued Liability RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 19-10753.Mayor Peterson to announce: Pursuant to Government Code § 54956.8, the City Council takes this opportunity to publicly introduce and identify designated property negotiator; City Manager, Oliver Chi, who will be participating today’s in Closed Session discussion regarding negotiations with: The City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California, Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California, Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California, Page 1 of 9 2 City Council/Public Financing Authority AGENDA October 21, 2019 Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California, and Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. CLOSED SESSION 19-10478.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). 19-10489.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: Tabares (Tiffany) v. City of Huntington Beach and Eric Esparza; USDC Case No.: 8:18-cv-00821 JLS (JDEx). 19-104910.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: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686. 19-105211.Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with the City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California. 19-106912.Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California. Page 2 of 9 3 City Council/Public Financing Authority AGENDA October 21, 2019 19-107013.Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California. 19-107114.Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California. 19-107215.Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. 19-107316.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: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy PLEDGE OF ALLEGIANCE INVOCATION 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. Page 3 of 9 4 City Council/Public Financing Authority AGENDA October 21, 2019 19-97717.Deacon Tom Concitis, St. Mary’s by the Sea Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-98018.Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month” 19-97919.Mayor Peterson to call on Police Chief Rob Handy to present the Mayor’s award to Lieutenant Oscar Garcia ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CONSENT CALENDAR 19-102520.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 7, 2019, as written and on file in the office of the City Clerk. Recommended Action: 19-99221.Receive and file City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between April 1, 2019 and June 30, 2019 Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the Period of April 1, 2019 and June 30, 2019.” Recommended Action: 19-97222.Approve the appointments of Bud Benneman, Kevin Fockler, Kathleen McGowan, Joan Siegal, Corvi Urling to the Environmental Board and the reappointment of Tony Soriano to the Environmental Board as recommended by City Council Liaisons, Councilmembers Page 4 of 9 5 City Council/Public Financing Authority AGENDA October 21, 2019 Barbara Delgleize and Jill Hardy A) Approve the appointments of Bud Bennemen, Kevin Fockler, Kathleen McGowan, Joan Siegal, and Corvi Urling to the Environmental Board as approved by City Council Liaisons, Councilmembers Barbara Delgleize and Jill Hardy, their terms to expire June 30, 2023; and, B) Re-appoint Tony Soriano, his term to expire June 30, 2023. Recommended Action: 19-96423.Adopt Resolution No. 2019-64 certifying that the City has the resources to implement the projects to be included in the Federal Transportation Improvement Program (FTIP) as required by the Orange County Transportation Authority (OCTA) Adopt Resolution No. 2019-64, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2020/21 - 2025/26 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” Recommended Action: 19-101824.Adopt Resolution No. 2019-72 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith A) Adopt Resolution No. 2019-72, “Resolution of the City Council of the City of Hunting Beach Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and, B) Approve authorization to execute any necessary actions to comply with Resolution 2019-72 including: 1) the inter-fund transfer of $514,651 from the Bond Project Fund (319) to the Infrastructure Fund (314); and 2) an appropriation increase of $320,349 to the Bond Project Fund to utilize the remaining bond proceeds on capital projects as authorized in Recommended Action: Page 5 of 9 6 City Council/Public Financing Authority AGENDA October 21, 2019 the Bond Indenture and Supplemental Amendments. 19-101925.Adopt Public Financing Authority Resolution No. 24 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith A) Adopt Resolution No. 24, “Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and , B) Approve authorization to execute any necessary actions to comply with Resolution 24. Recommended Action: 19-100026.Approve and authorize execution of an Agreement for sharing consultant costs for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency Assessments and Emergency Response Plans (Phases II and III) with the Municipal Water District of Orange County (MWDOC) Approve and authorize the City Manager to execute the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC). Recommended Action: 19-100827.Approve and authorize execution of a three-year Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC in the amount of $1,080,000 to provide billing services for emergency paramedic and ambulance services; and, increase the Fire Department’s Professional Services authority accordingly A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Recommended Action: Page 6 of 9 7 City Council/Public Financing Authority AGENDA October 21, 2019 Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,080,000 over a three-year period; and, B) Increase the Fire Department’s professional services authority accordingly by the commensurate amount to ensure compliance with Administrative Regulation No. 228. ADMINISTRATIVE ITEMS 19-103728.Receive and file the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Recommended Action: 19-104229.Authorize the Sale of City-Owned Real Property Located at 15311 Pipeline Lane for $2,744,000 A) Authorize the sale of the Pipeline Property to Steve Chalabian and Jackie Jernigan for $2,744,000; and B) Authorize and allocate funds for the payment of escrow fees associated with the transaction for an amount not to exceed $19,000; and C) Authorize and allocate funds for the payment of associated commission fees in an amount not to exceed 2.5% of the property sale price ($68,600) payable to Lee Associates, to be paid from the proceeds of the sale or Residual Receipts Fund 233; and D) Authorize the City Manager to request a 45-day period to allow for current tenants to vacate the site prior to the close of escrow; and E) Authorize the City Manager, with the approval as to form by the City Attorney Office, to execute any and all necessary documents to consummate the real estate transaction. Recommended Action: ORDINANCES FOR INTRODUCTION 19-97130.Approve for introduction Ordinance No. 4190 adopting the 2019 Model California Construction Codes; and schedule a Public Hearing for November 18, 2019 Recommended Action: Page 7 of 9 8 City Council/Public Financing Authority AGENDA October 21, 2019 A) Approve Introduction of Ordinance No. 4190, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 - Building and Construction Chapters 17.04, 17.07, 17.40, 17.44, and 17.48 to Adopt by Reference the Current California Code of Regulations Title 24 Parts 1-12 with Regard to the 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 Edition of the California Mechanical Code, 2019 Edition of the California Plumbing Code, and 2019 Edition of the California Electrical Code; to Adopt the 2019 Edition of the California Administration Code, 2019 Edition of the California Energy Code, 2019 Edition of the California Historical Building Code, 2019 Edition of the Reference Standards Code, and the 2019 Edition of the Green Building Standards Code; Chapter 17.46 Amending to Reference the 2018 Uniform Swimming Pool, Spa and Hottub Code; Chapter 17.60 Amending to Reference the 2018 Uniform Solar, Energy and Hydronic and Geothermal Code;” (Attachment No. 1) and , B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4190 on November 18, 2019. 19-102231.Approve for introduction Ordinance No. 4189 amending Municipal Code Chapter 17.56 adopting the California Fire Code, 2019 Editions; and schedule a Public Hearing for November 18, 2019 A) Approve for introduction Ordinance No. 4189, “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code,” 2019 edition; and , B) Schedule a Public Hearing for November 18, 2019. Recommended Action: COUNCILMEMBER ITEMS 19-107432.Submitted by Councilmember Posey - Updating the Historic Standard Market Plaque at 126 Main Street Given the information that I’ve received, and based on a review that has already been conducted by both the City Historic Resources Board and the Huntington Beach Preserve Our Past group, I am recommending that the City Council vote to direct staff to update the plaque located on the historic Standard Market building with correct historical information, as outlined in the attached information packet. Recommended Action: COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT Page 8 of 9 9 City Council/Public Financing Authority AGENDA October 21, 2019 The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, November 4, 2019, 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 Page 9 of 9 10 City of Huntington Beach File #:19-853 MEETING DATE:10/21/2019 Capital Improvement Project (CIP) Unfunded Capital Projects List City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™11 City of Huntington Beach File #:19-1053 MEETING DATE:10/21/2019 Review of Options to Address our CalPERS Unfunded Accrued Liability City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™12 City of Huntington Beach File #:19-1075 MEETING DATE:10/21/2019 Mayor Peterson to announce: Pursuant to Government Code § 54956.8, the City Council takes this opportunity to publicly introduce and identify designated property negotiator; City Manager, Oliver Chi, who will be participating today’s in Closed Session discussion regarding negotiations with: The City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California, Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California, Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California, Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California, and Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™13 City of Huntington Beach File #:19-1047 MEETING DATE:10/21/2019 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). City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™14 City of Huntington Beach File #:19-1048 MEETING DATE:10/21/2019 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: Tabares (Tiffany) v. City of Huntington Beach and Eric Esparza; USDC Case No.: 8:18-cv-00821 JLS (JDEx). City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™15 City of Huntington Beach File #:19-1049 MEETING DATE:10/21/2019 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: Turman (Kathy M.) v. City of Huntington Beach; OCSC Case No.: 30-2018-01008686. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™16 City of Huntington Beach File #:19-1052 MEETING DATE:10/21/2019 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with the City of Costa Mesa concerning price and terms of payment for the disposition of real property located on a portion of 3175 Airway Avenue, Costa Mesa, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™17 City of Huntington Beach File #:19-1069 MEETING DATE:10/21/2019 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Five Point Plaza LLC & JHC Acquisitions LLC concerning price and terms of payment for the disposition of real property located on a portion of 18431 Beach Boulevard, Huntington Beach, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™18 City of Huntington Beach File #:19-1070 MEETING DATE:10/21/2019 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Dave Shenkman concerning price and terms of payment for the disposition of real property located on a portion of 61 Main Street, Huntington Beach, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™19 City of Huntington Beach File #:19-1071 MEETING DATE:10/21/2019 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Marian Johnson concerning price and terms of payment for the disposition of real property located on a portion of 21 Main Street, Huntington Beach, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™20 City of Huntington Beach File #:19-1072 MEETING DATE:10/21/2019 Pursuant to Government Code § 54956.8, the City Council shall recess to Closed Session to give instructions to the City's Negotiator, Oliver Chi, City Manager, regarding negotiations with Tina Viray and Nelson Wescott GP DBA as The Surf City Store concerning price and terms of payment for the disposition of real property located on a portion of 60 Main Street, Huntington Beach, California. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™21 City of Huntington Beach File #:19-1073 MEETING DATE:10/21/2019 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: Benzen Properties, LLC, et al. v. City of Huntington Beach, et al.; OCSC Case No.: 30-2019-01070544. City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™22 City of Huntington Beach File #:19-977 MEETING DATE:10/21/2019 Deacon Tom Concitis, St. Mary’s by the Sea Catholic Church and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™23 City of Huntington Beach File #:19-980 MEETING DATE:10/21/2019 Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month” City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™24 City of Huntington Beach File #:19-979 MEETING DATE:10/21/2019 Mayor Peterson to call on Police Chief Rob Handy to present the Mayor’s award to Lieutenant Oscar Garcia City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™25 City of Huntington Beach File #:19-1025 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of October 7, 2019 require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated October 7, 2019, as written and on file in the office of the City Clerk. Alternative Action(s): Do not approve and/or request revision(s). Analysis: None. Environmental Status: Non-Applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. October 7, 2019 CC/PFA Regular Meeting Minutes City of Huntington Beach Printed on 10/16/2019Page 1 of 1 powered by Legistar™26 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, October 7, 2019 4:00 PM - Council Chambers 6:00 PM - Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER — 4:00 PM ROLL CALL Pursuant to Resolution 2001-54 Councilmember Carr requested and was granted permission to be absent. Present: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: Carr ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council Agenda packet: Study Session #1. (19-1006) PowerPoint Communication submitted by Oliver Chi, City Manager, entitled Fiber Optic Master Plan and Implementation Roadmap. #2. (19-1015) PowerPoint communication submitted by Oliver Chi, City Manager, entitled Funding Availability for a Navigation Center / Homeless Shelter. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — 1 Speaker 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. David Geddes was called to speak and stated his support for Study Session Item No. 1 regarding Fiber Optic Master Plan, and shared his opinion that there are a number of areas within the City that are away from residential neighborhoods and appropriate for a Navigation Center. (00:01:17) 27 Council/PFA Regular Minutes October 7, 2019 Page 2 of 11 STUDY SESSION 1. 19-1006 City Facility Fiber Installation Prioritization and Fiber/Wireless Master Plan Discussion City Manager Oliver Chi introduced Assistant to the City Manager, Antonia Graham who jointly with Transportation Manager, Bob Stachelski presented a PowerPoint communication entitled: Fiber Optic Master Plan and Implementation Roadmap with slides titled: Purpose, Accomplishments, Introduction, City Fiber Infrastructure by the Numbers, What is Fiber?, Existing Projects - Traffic Signal System, Existing Projects - Information Systems, Prioritization, Anticipated Priority Projects, Funding Mechanisms, and Next Steps/Recommendations. Councilmember Posey confirmed with Assistant Graham and Manager Stachelski that fiber is necessary for 5G technology which will be used by cell service providers. Councilmember Delgleize and staff discussed efforts to ensure service will be available for businesses coming to the former Boeing property. Councilmember Brenden and Assistant Graham discussed the joint policy being developed, including discussions with utility and carrier companies which are interested in seeing a draft and providing their input. Assistant Graham stated that the City is not interested in competing with providers, and intends to use fiber only to connect City facilities. Councilmember Brenden requested a report on the joint policy as soon as possible. Mayor Pro Tem Semeta and Assistant Graham discussed potential funding from Air Quality Management District (AQMD) for projects that reduce particulate matter. Mayor Peterson and staff discussed technicalities related to fiber for traffic signal poles, bandwidth requirements, and joint trenches. 2. 19-1015 Housing Element and SB 2 Funds Discussion City Manager Oliver Chi introduced Director of Community Development, Ursula Luna-Reynosa and Deputy Director of Economic Development, Kellee Fritzal, and presented a PowerPoint communication entitled: Funding Availability for a Navigation Center/Homeless Shelter with slides titled: Issue Background, What is SB 2?, SB 2 Funds - Revenue Allocation, SB2 - Year 1 Funding(2), Orange County SPA's, SB2 - Year 1 Funding, SB2 - Year 2+ Funding(3), SB2 Funding Overview, Accessing SB2 Funding Requires An HCD-Compliant Housing Element, Other Possible Funding Sources to Address Homelessness, and Questions & Feedback. Councilmember Posey thanked City Manager Chi for the presentation and shared details for the Summary 5-Year Cumulative Total of $3.655M which is monies collected by the State from local real estate transactions, and use of other resources. Councilmember Posey confirmed that neither the Housing Element, nor SB 2, contain a construction mandate. City Manager Chi stated that this item addresses two top concerns of residents: homelessness and housing density. A motion was made by Brenden, second by Posey to recess to Closed Session for Items 4 – 8. With no objections, the motion passed. 28 Council/PFA Regular Minutes October 7, 2019 Page 3 of 11 RECESSED TO CLOSED SESSION — 4:54 PM CLOSED SESSION ANNOUNCEMENT(S) 3. 19-1005 Mayor Peterson announced: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief and Kelly Rodriguez, Assistant Police Chief; David Segura, Interim Fire Chief and Michael Baumgartner, Marine Safety Division Chief; Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA), Surf City Lifeguard Employees Association (SCLEA), and Management Employees’ Organization (MEO). CLOSED SESSION 4. 19-1010 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). 5. 19-1012 Pursuant to Government Code § 54956.8, the City Council recessed into Closed Session to give instructions to the City’s Negotiator, Oliver Chi, City Manager, regarding negotiations with David Haaslo concerning price and terms of payment for the disposition of real property located on a portion of 17881 Beach Blvd, Huntington Beach, California. 6. 19-1001 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager and Peter Brown, Chief Negotiator; also in attendance: Robert Handy, Police Chief; Kelly Rodriguez, Assistant Police Chief, Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Huntington Beach Police Officers’ Association (POA). 7. 19-1002 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, David Segura, Interim Fire Chief; Chuck Adams, Interim Chief Financial Officer; Michael Baumgartner, Marine Safety Division Chief and Michele Warren, Director of Human Resources regarding the following: Surf City Lifeguard Employees’ Association (SCLEA). 8. 19-1003 Pursuant to Government Code § 54957.6, the City Council recessed into Closed Session to meet with its designated labor negotiator: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting Assistant City Manager, Chuck Adams, Interim Chief Financial Officer, and Michele Warren, Director of Human Resources regarding the following: Management Employees’ Organization (MEO). 29 Council/PFA Regular Minutes October 7, 2019 Page 4 of 11 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:01 PM ROLL CALL Pursuant to Resolution 2001-54 Councilmember Carr requested and was granted permission to be absent. Present: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: Carr PLEDGE OF ALLEGIANCE — Led by Councilmember Delgleize INVOCATION 9. 19-976 Rev. Pattie Mercado, Spiritual Director of HB Center of Spiritual Living 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 10. 19-983 Mayor Peterson called on Field Representative Alex Gonzalez from Representative Harley Rouda’s office who presented a Congressional Record Certificate to Normajean Janssen, daughter of Norma Gibbs, in honor of Mayor Gibbs’ service to the City of Huntington Beach Mr. Gonzales read and presented a Congressional Record Certificate to Ms. Janssen in recognition of the years of compassionate community service provided by Norma Gibbs, the First Female Mayor of Huntington Beach. 11. 19-975 Mayor Peterson called on representatives from the 2019 Taste of Huntington Beach who presented a check for $50,000 to Friends of the Children’s Library Susan Welfringer, co-manager and volunteer, 2019 Taste of Huntington Beach, presented a check for $50,000 which represented the revenue generated by this year's event. Ms. Welfringer thanked the sponsors, food vendors, wineries and breweries, multiple other vendors and non-profits that all contributed to a successful event which broke attendance and revenue records. 12. 19-1013 Mayor Peterson presented commendation to Fire Chief David Segura in recognition of National Fire Prevention Week and to promote HBFD’s Open House on Saturday, October 12 at Fire Station 1-Gothard from 10am to 2pm 30 Council/PFA Regular Minutes October 7, 2019 Page 5 of 11 Fire Chief Segura encouraged the community to attend the HBFD's Open House where Fire Department services including marine safety, firefighting, emergency medical services, vehicle extrication, and hazardous material responses will be showcased through demonstrations and educational materials. 13. 19-903 Mayor Peterson called on City Clerk Robin Estanislau who recognized local high school students efforts to promote National Voter Registration Day, Tuesday, September 24, 2019 City Clerk Robin Estanislau presented an overview of the process to promote National Voter Registration Day which encourages students who will turn 18 before the March 2020 Primary Election to register to vote, and students 16 or older to pre-register for voting. Students recognized from Ocean View High School included: Bella Brannon, Taylor Ro, Diesel Merkle, Sage Frock, Kristen Cotton, and Margaux Hart. James Bledsoe and Michael Caruso also assisted but were unable to attend this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) City Manager’s Report #14. (19-1007) Email communication received regarding the air show. Consent Calendar #15. (19-912) Inter-Department Communication submitted by Robin Estanislau, City Clerk, regarding a correction to the September 16, 2019, draft City Council minutes. #17. (19-1009) Communication submitted to the City Council by Oliver Chi, City Manager, advising that Recommended Action B) “Authorize the City Manager to execute and an all documents related to the sale of 15311 Pipeline Lane, Huntington Beach, CA, and reimburse funds accordingly” is being withdrawn from consideration. #17. (19-1009) Email communication submitted by Gino Bruno regarding the sale of Pipeline Lane. #17. (19-1009) Email communication submitted by Lisa Mosley regarding the proposed homeless shelter. #18. (19-974) Eight (8) email communications received regarding proposed Residential Permit Parking District “Q.” #19. (19-970) Inter-Department Memo submitted by Tom Herbel, Acting Director of Public Works, advising that the proposed Permit Parking district Z is being withdrawn from consideration. #19. (19-970) Eleven (11) email communications received regarding proposed Permit Parking District “Z.” #21. (19-965) Inter-Department Communication submitted by Robert Handy, Chief of Police, advising that Recommended Action ‘A’ is being withdrawn from consideration. #22. (19-966) Inter-Department Communication submitted by Robert Handy, Chief of Police, advising that Recommended Action ‘A’ is being withdrawn from consideration. #24. (19-994) Inter-Department Memo submitted by Kellee Fritzal, Deputy Director of Economic Development, advising that the item is being removed and will be considered at the October 21, 2019 City Council meeting. #24. (19-994) Email communication submitted by Amory Hanson. 31 Council/PFA Regular Minutes October 7, 2019 Page 6 of 11 PUBLIC COMMENTS (3 Minute Time Limit) — 13 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. Tim Geddes, a resident of Huntington Beach for over 35 years, was called to speak and stated his opinions related to the social issues of affordable housing and homelessness, and encouraged the City to step up with a better public relations job in explaining and promoting the options. (01:16:15) Amory Hanson, a candidate for City Council in 2020 and a member of the Historical Resources Board, was called to speak and stated his opposition to Consent Item No. 24 (Withdrawn) regarding the International Surf Museum. (01:19:18) David Geddes, a resident of Huntington Beach, was called to speak and expressed appreciation for the safe Air Show, support for the efforts regarding installation of fiber/wireless, Housing Element and SB 2 funding, and shared his opinions regarding options for addressing the issues of homelessness and low- income housing. (01:21:11) James Peterson, Government Relations Manager, Southern California Edison, was called to speak and provided some details regarding the recent electrical box explosion at Old World Village, and described the continuing investigation and meetings with regulators. Mr. Peterson thanked the Huntington Beach Fire Department staff for a quick response and continued cooperation with the investigation. (01:23:57) Larry Schiel, a 30-year resident of Huntington Beach, was called to speak and stated his support for Consent Item No. 19 (Withdrawn) to establish Residential Permit Parking District "Z". (01:26:30) Kathryn Levassiur, a resident of Huntington Beach and Founding Member of the Huntington Beach Short Term Rental Alliance, was called to speak and encouraged the City to implement processes to regulate and tax a service which many residents are already providing. (01:29:52) Teresa Carlisle, Huntington Beach Art Center, was called to speak and announced the 2nd Annual Surf City Art Fest on Sunday, October 13, 11 am – 4 pm, with activities, art, music and food for kids and adults. (01:32:05) Nicole Yates, a 21-year homeowner in Huntington Beach, was called to speak and stated her support for Consent Item No. 19 (Withdrawn) to establish Residential Permit Parking District "Z". (01:32:55) John Kells was called to speak and stated support for Consent Calendar Item No. 18 amending Residential Permit Parking District "Q" simply to enhance safety. (01:35:14) William King, a new resident of Huntington Beach, was called to speak and stated his opposition to Consent Item No. 18 and Consent Item No. 19 (Withdrawn) regarding Residential Permit Parking Districts "Q" and "Z". (01:37:47) Robert was called to speak and asked that the City Council ensure clean air and environment for the safety of Edison High School students who are in close proximity to the Ascon landfill project. (01:40:16) Ann Parker was called to speak and asked that Huntington Beach sign an amicus brief as a show of support for the City of Costa Mesa to acknowledge the extent of the sober living home issues in Orange County. (01:40:31) 32 Council/PFA Regular Minutes October 7, 2019 Page 7 of 11 Amber was called to speak and asked that more information about the Ascon landfill project be made available to the public, and expressed her concern especially for the safety and health of Edison High School students and project area residents. (01:43:48) COUNCIL COMMITTEE — APPOINTMENTS — LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Posey reported attending an Orange County Vector Control Board meeting; a Southern California Association of Government (SCAG) new member orientation and a Community, Economic and Human Development Policy Committee meeting; and an Orange County Parks Commission meeting. Councilmember Delgleize reported attending an Orange County Transportation Authority (OCTA) Mobility 21 meeting; a CalPERS meeting; and several meetings on homelessness issues. Mayor Pro Tem Semeta reported attending the Regional Housing Needs Assessment (RHNA) Subcommittee meeting; and the Edge of Light art exhibit at the Huntington Beach Art Center. CITY MANAGER’S REPORT 14. 19-1007 Assistant City Manager Travis Hopkins provided updates on the Ascon Landfill Clean-up Site and AES Huntington Beach Energy Project; and, a recap of The Great Pacific Air Show was provided by Community Services Director Marie Knight, Interim Fire Chief David Segura, and Police Chief Robert Handy City Manager Oliver Chi stated his appreciation for the excellent welcome that City staff and residents have extended to him and his family. CONSENT CALENDAR Mayor Peterson announced that Consent Calendar Item Nos. #19 regarding Permit Parking District "Z", and #24 regarding the International Surf Museum were withdrawn from consideration. 15. 19-912 Approved and Adopted Minutes A motion was made by Posey, second Semeta to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated September 3, 2019, and the City Council/Public Financing Authority regular meeting minutes dated September 16, 2019, as amended by Supplemental Communication, as written and on file in the office of the City Clerk, The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 16. 19-951 Approved the September 2019 City of Huntington Beach Strategic Plan Update A motion was made by Posey, second Semeta to approve the September 2019 Strategic Objectives Update as contained within Attachment 1. 33 Council/PFA Regular Minutes October 7, 2019 Page 8 of 11 The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 17. 19-1009 Directed Staff to Explore Other Options for a Navigation Center and Authorize City Manager to Sign Documents Required For the Sale of Pipeline Lane Property A motion was made by Posey, second Semeta to direct Staff to evaluate other location options for a Homeless Navigation Center.; and, authorize the City Manager to execute any and all documents related to the sale of 15311 Pipeline Lane, Huntington Beach, CA, and reimburse funds accordingly as amended by Supplemental Communication to strike Recommended Action B. The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 18. 19-974 Adopted Resolution No. 2019-70 amending Residential Permit Parking District "Q" affecting residents on Wrenfield Drive and Cobra Lane in Huntington Beach A motion was made by Posey, second Semeta to adopt Resolution No. 2019-70, "A Resolution of the City Council of the City of Huntington Beach Amending Permit Parking District "Q" Within the City of Huntington Beach." The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 19. 19-970 ITEM WITHDRAWN FROM CONSIDERATION - Adopt Resolution No. 2019-71 establishing Permit Parking District "Z" affecting residents along the Heil Avenue frontage road between Goldenwest Street and Gothard Street 20. 19-990 Adopted Resolution No. 2019-73 amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19 for the Continuation of Capital Improvement Program (CIP) Projects A motion was made by Posey, second Semeta to adopt Resolution No. 2019-73, "A Resolution of the City Council of the City of Huntington Beach Amending the Fiscal Year 2019/20 Budget to Carry Over Unspent Appropriations from Fiscal Year 2018/19," which incorporates and references the continuation of funding. Exhibit A lists individual capital improvement projects and their respective carryover amounts totaling $15,682,663. The motion carried by the following vote: 34 Council/PFA Regular Minutes October 7, 2019 Page 9 of 11 AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 21. 19-965 Approved and authorized execution of Amendment 2 to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to add additional contract compensation in the amount of $62,447 for the management of the Gang Prevention and Intervention Program A motion was made by Posey, second Semeta to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program" for extension of term; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 2 to Agreement Between the City of Huntington Beach and Community Services Program, Inc. for Management of Gang Prevention and Intervention Program" for additional compensation, as amended by Supplemental Communication to strike Recommended Action A. The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 22. 19-966 Approved and authorized execution of Amendment 2 to the original three-year contract with Waymakers (formerly known as Community Service Programs, Inc. CSP), to add additional contract compensation in the amount of $77,950 for the management of the Juvenile Diversion Program A motion was made by Posey, second Semeta to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. for Management of Juvenile Diversion Program" for extension of term; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Community Services Program, Inc. for Management of Juvenile Diversion Program" for additional compensation, as amended by Supplemental Communication to strike Recommended Action A. The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 23. 19-973 Awarded and authorized execution of a construction contract with R. Dependable Construction, Inc. in the amount of $720,000 for the Murdy Community Center Improvements project, MSC-531; and, authorized project contingency expense not to exceed $144,000 A motion was made by Posey, second Semeta to accept the lowest responsive and responsible bid submitted by R. Dependable Construction, Inc. in the amount of $720,000; and, authorize project 35 Council/PFA Regular Minutes October 7, 2019 Page 10 of 11 contingency expense not to exceed $144,000; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr 24. 19-994 ITEM WITHDRAWN FROM CONSIDERATION - Approve and authorize a 5-year Lease Agreement between the City of Huntington Beach and Visit Huntington Beach (VHB) for the International Surf Museum located at 411 Olive Avenue and allow VHB to sub-lease the Museum to Surfing Heritage Cultural Center (SHACC) 25. 19-985 Waived Specific Event fees for the 2019 VISSLA International Surfing Association (ISA) World Junior Surfing Championship event, October 26 - November 3, 2019 A motion was made by Posey, second Semeta to authorize the City Manager to waive related Specific Event fees in the amount of $10,000 for the 2019 VISSLA ISA World Junior Surfing Championship and authorize use of the City Council Chambers at no cost on October 25, 2019, for a team manager meeting.; OR deny the above requests for the 2019 event; OR consider alternative options. The motion carried by the following vote: AYES: Brenden, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ABSENT: Carr COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Posey expressed kudos to staff and Public Safety divisions for a well-run and organized Great Pacific Air Show, reported attending the OCTax 9th Annual Roses, Radishes & The Royalty Award Dinner, and announced that Friday, October 25, Association of California Cities — Orange County (ACC—OC) will host a Housing Summit at the Disney Grand Resort where he will be a moderator and on the speakers panel. Councilmember Hardy reported attending the American Legion Post 133 Centennial Celebration, the Memorial for Norma Gibbs, Surf City Sundown 10, dedication of the Westminster School District Office to the Mendez Family, and Edison High School Hall of Fame dinner. Councilmember Brenden acknowledged Councilmembers Carr and Delgleize for running in the Surf City Sundown 10, and Councilmember Hardy for singing the National Anthem at the Surf City Sundown 10 and the Great Pacific Air Show; reported taking flight in the Police helicopter, joining Councilmembers Posey and Delgleize to watch the Bushard Bridge take down over the 405 Freeway, taking a tour of the Orange County Sanitation District with Councilmember Carr, a tour of the Bowerman Landfill in Irvine, Kiwanis Installation dinner, American Legion Post 133 Centennial Celebration, Memorial for Norma Gibbs, and stated his prayers are with the individuals injured in the Old World Oktoberfest explosion, as well as Steve Carr, for a speedy recovery. 36 Council/PFA Regular Minutes October 7, 2019 Page 11 of 11 Councilmember Delgleize thanked Councilmember Carr for inspiring her to train for and participate in the Surf City Sundown 10, thanked Normajean Janssen for sharing the very best of her mother, Norma Gibbs, and stated her prayers are with those individuals injured at the Old World Oktoberfest explosion, as well as Steve Carr. Mayor Pro Tem Semeta reported attending the Association of California Cities — Orange County (ACC—OC) Local Government Finance Committee meeting, the American Legion Post 133 Centennial Celebration and thanked Kathie Schey for the static displays, memorial for Norma Gibbs, presented commendations to Safe Passage Heals from Women Run Orange County, was Grand Marshall for the 43rd Old World Oktoberfest Parade, welcomed the Snowbirds and Thunderbirds in Los Alamitos for the Great Pacific Airshow, and thanked Mr. Kevin Elliott and Code Four for an outstanding Air Show, including the hundreds of volunteers, City staff and Public Safety divisions. Mayor Peterson thanked Mayor Pro Tem Semeta for being his replacement at many event s while he was in Biarritz, France (Surf City Europe) laying the foundation for a new "Sister City" in preparation for the 2024 Olympics, encouraged people to watch social media for an announcement of an event to help Old World recover, and expressed his best wishes for a speedy healing for Bernie Bischoff. ADJOURNMENT — 7:29 PM to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Monday, October 21, 2019, 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 _______________________________________ 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 37 City of Huntington Beach File #:19-992 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Receive and file City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s office between April 1, 2019 and June 3 0, 2019 Statement of Issue: The listed contracts are entered into by City Departments and consultant firms pursuant to the Huntington Beach Municipal Code. Funds are in the City budget. These contracts have been transmitted to the City Clerk for official filing for the public record. Financial Impact: No fiscal impact. Recommended Action: Receive and file the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the Period of April 1, 2019 and June 30, 2019.” Alternative Action(s): Provide alternative direction to staff Analysis: On November 15, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms pursuant to Huntington Beach Municipal Code Chapter 3.03. Accordingly, Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts. This policy ensures public review of new contracts through identification on the Council agenda as required by section 6.4.1 of the policy. Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s office for the second quarter of 2019. Environmental Status: Not applicable City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™38 File #:19-992 MEETING DATE:10/21/2019 Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period April 1, 2019 and June 30, 2019.” City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™39 Page 1 of 1 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of April 1, 2019 and June 30, 2019 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 04/01/2019 Community Development Keyser Marston Associates, Inc. nte $32,240 Update Inclusionary Housing Ordinance 04/01/2022 04/08/2019 Human Resources Bob Murray & Associates nte $25,900 Conducting a Nation-Wide Recruitment for the Position of City Manager 04/08/2022 04/18/2019 Information Services Matrix Audio Visual Designs Inc. nte $6,800 On-Call Audio/Visual Staffing Consulting 07/18/2019 04/22/2019 City Manager Pun Group LLP nte $22,500 Agreed-Upon Procedures Cash Balance Allocation Services for the Public Cable Television Authority 04/22/2022 04/30/2019 City Manager SAE Communications nte $5,000 Media and Communication Efforts Related to Homelessness 04/30/2022 05/07/2019 Community Development SZFM Design Studio, Inc. nte $30,000 Design Consulting and Peer Review Service for Developments Proposed in City 05/07/2022 05/10/2019 Community Development Placeworks nte $29,980 Noise Ordinance Update to the Huntington Beach Municipal Code 05/10/2022 6/4/2019 Office of Business Development RSM Design nte $13,500 Connectivity Options for Downtown Huntington Beach 6/4/2022 6/4/2019 Office of Business Development Civicstone nte $29,995 Media and Communication Efforts Related to Homelessness 6/4/2022 6/6/2019 Community Development Lisa Wise Consulting, Inc. nte $30,000 Short Term Rental Study 6/6/2022 6/11/2019 Office of Business Development Hinderliter, De Llamas and Associates nte $9,800 Cannabis Management Services 6/11/2022 6/13/2019 City Manager RRM Design Group nte $40,000 The City of Huntington Beach Public Art Master Plan 06/13/2022 6/17/2019 Human Resources Liebert Cassidy Whitmore nte $30,000 Labor Negotiation Services, Peter Brown – Chief Negotiator 12/31/2019 6/21/2019 Police Department Starling Thomas Concepts nte $30,000 Crime Prevention Through Environmental Design Consulting Services 6/21/2022 40 City of Huntington Beach File #:19-972 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve the appointments of Bud Benneman, Kevin Fockler, Kathleen McGowan, Joan Siegal, Corvi Urling to the Environmental Board and the reappointment of Tony Soriano to the Environmental Board as recommended by City Council Liaisons, Councilmembers Barbara Delgleize and Jill Hardy Statement of Issue: There are currently six vacant positions on the Environmental Board. After review of submitted applications, Bud Benneman, Kevin Fockler, Kathleen McGowan, Joan Siegal, and Corvi Urling are being transmitted for consideration for appointment to the Environmental Board. In addition to the approval of five new Environmental Board members, one previous Environmental Board member requested reappointment. Financial Impact: Not applicable. Recommended Action: A) Approve the appointments of Bud Bennemen, Kevin Fockler, Kathleen McGowan, Joan Siegal, and Corvi Urling to the Environmental Board as approved by City Council Liaisons, Councilmembers Barbara Delgleize and Jill Hardy, their terms to expire June 30, 2023; and , B) Re-appoint Tony Soriano, his term to expire June 30, 2023. Alternative Action(s): Do not approve the appointments and direct staff how to proceed. Analysis: Six vacancies currently exist on the Environmental Board. These vacancies were a result of Board Members terms expiring on June 30, 2019. Staff reviewed all of the applications with the City Council Liaisons and their selections are reflected in this item. City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™41 File #:19-972 MEETING DATE:10/21/2019 Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Bud Benneman Application 2. Kevin Fockler Application 3. Kathleen McGowan Application 4. Joan Siegal Application 5. Corvi Urling Application 6. Tony Soriano Request for Reappointment City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™42 APPLICATION FOR APPOINTMENT TO A CITIZEN COMMISSIONJ BOARD, COMMITTEE, OR TASK FORCE (Please type or print clearly) IMPORT ANT NOTICE; Before applying, you need to know the following: * All Council appointed commission, board, and committee members are required biwannuaHy to take harassment training and two hours of ethics training. * You are applying for a public position. As such, the information provided in your agpUcatjori is a public record and cannot be kept confidential. · This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 41h Floor of City Hall, 2000 Main Street (at Yorktown). NAME Benneman Bud J DATE _81_1_51_2_01_9~---- Last First Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE _E_nv_i_ro_n_m_e_nt_al_B_o_a_rd _______ _ LENGTH OF RESIDENCY 10 years OCCUPATION Professor Of Geology and Environmental Science UNITED ST ATES CITIZEN? yes CURRENTL y SERVING ON A CITY BOARD OR COMMlSSfON? None IFSO,WH!CHONE?~--~----------~--~-~~~--~---~---~~~~~ HOME ADDRESS: BUSINESS ADDRESS: ----PHONE --CELL E·MAIL FAX ____ _ EMAIL AX _____ _ EDUCATIONAL BACKGROUND B.S. Geology B.S. Environmental Science S.S. Economics Masters Engineering/ Hydrology. Thesis: Ground Water Flow Across Fractures and Contaminant Transport PROFESSIONAL LICENSES AND/OR ASSOCrATIONS Served as a member of the Huntington Beach Chamber of Commerce Environmental Sustainability Committee. PROFESSJONAL EXPERIENCE Worked in the mining industry Shire Gypsum on remediation of toxic waste and ground water contamination College Professor at Golden West College from 2010 to current 3 43 SPECIAL KNOWLEDGE OR SKILLS National Environmental Polley Act (NEPA) Implantation of policy and standards, compliance. Undergraduate research with an environmental impact statement for a coastal resort near Caba San Lucas Baja California, Sur. CIVIC AND/OR SERVICE MEMBERSHIPS Advisor for several Golden West Clubs such at the Environmental Club, Surf Club and Science Club. CIVIC INTERESTS Beach environments, sustainability of beaches, urban runoff, urban sprawl, high density developments, traffic, and alternative transportation. HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY? I have worked in industry and academics. I understand the need for industry and business. At the same time I undrestand environmental issues and the need to work together for the benefit of industry and concerns for the environment. While working in the mining industry I was able to bridge the gap between environmental concerns and the need for mining. WHY DO YOU WJSH TO SERVE ON A VOLUNTEER CITIZEN'S BODY? To become involved in the city where I live and to tie Golden West College (GWC) with its student body to environmental issues facing our beach community. Serve as a mentor for my GWC students and seek greater stewardship and have a vested interest in issues facing this city. Jt is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the apprication process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 Q[ in nerson to th~ 4th floor of City 1:19.lL 2000 Main Streej fat YorktQwnb 4 (Revised 10/13/2010 2:04:00 PM) 44 TO A CITIZEN COMMISSION, BOARD, COMMITTEE, OR TASK FORCE . (Pf ease type or print clearly) .. . . . . : . . ': -~P2.Rj!~~~ Na~~~~ ~:~~~!fo~~i~~l,0::;e!~~:~:~~:!!11 ~:~:~h1-a~~:1y. to ::i- harassment tra.ining and two hours of ethics training. * You are applying for a public position. As such~ the information provided in vour application is a public record and cannot be kept confidential. · · · . · · · :; · · · , ·. ·' · . · .. This ap.plicationshould"be"'"reiu-med to theCity-Council Offices, P~O. Box -190, Huntington Beach, CA 92648 o·dn- person to the 4th Floor of Citl Hall, 2000 Main Street (at Yorktown). · . : NAME Fockler Kevin . c DATE 02/1112019 --------Last First Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE Environmental Board-Secretary LENGTH OF RESIDENCY 30+ yrs OCCUPATION Retired Businessman, Teacher, Non Profit Boards. UNITED STATES CITIZEN?. yes CURRENTL y SE'RVING ON A CITY BOARD OR COMMISSION? . No --- IFSO,WHICHONE?~---~~~~--------------:--~~--~ HOME ADDRESS: .... ___ _ PHONE E-MAIL EDUCATIONAL BACKGROUND OCC-AA Degree ( 1977) BUSINESS ADDRESS: PHONE ______ CELL _____ _ EMAIL _______ FAX ____ _ cSOLB-BA History, Minor Human Resource Mangement cSOLB-Teaching credential 1982 Baxter Intl' Financial Mgmt Certified PROFESSIONAL UCENSES AND/OR ASSOCIATIONS Nationar Education Association Suiinder Intl., ASS Chapter-Education Chair Open Hearts for Purple Hearts A80Aso STEAM Foundation PROFESSIONAL EXPERIENCE Business: 13 years with Baxter lntlNWR Corp., Industrial Division. Sales, Marketing, Region Mg.mt 2+ Years Anderson Unicom, V. P. of supplier Management.· 19 Years as an Eaucator at Talbert Middle School in AS. Whtie at BaxterJ our division was responsible for all lab supphes, chemicals, and bulk chemicals sold into the Environmental Lab Industry, Healthcare, Bio-Chemical, Pharma, University & Semicor \ 45 Hi degree of knowledge in the waste management arena, water testing and environmental arrestment of ocean pollution and debris. CIVIC AND/OR SERVICE MEMBERSHIPS HBUHSD ... STEAM Board-Treasurer; Surfrider Foundation Education Chair Elks Lodge #1767, Open Hearts for Purple Aearts~Board Member. Helping disabled vets CIVIC INTERESTS Helping Disabled Veterans Helping the Homeless (Currently workmg with the AB Homeless Coalition Task Force) Working with the High School Yovth on STEAM careers Running for City Council Working wit.h Surfrider as an active Beach Defender and promoting Surfrider to all High Sch~ols and middle schools jn the HB/Seal Beach areas and eastward HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS ()F THE COMMUNITY? As an someone who understands the balancing act between progress, environmental protection, a~d well intended laws, I feel my career of serving the community-at-large will help me give the City Council the fairest and best recommendations possible based on the n~eds of the whole community and the projects total impact on .. the citizens.of Huntington Beach,. WHY DO YOU WISH TO SERVE ON A VOLUNTEER CITIZEN'S BODY? I left private industry to become a teacher and to serve the community in which I live, and it is my desire to increase my responsibility so I can help Huntington Beach maintain its' reputation. as surt City, OsA, and to help make it the best beach community in California. It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant4 Selection will be made without discrimination based on the race, creed, genderf or sexual orientation of the applicant. Additional information concerning ·a particular commission, board, committee, or task force or· the application process is available through the staff support department identified above .. General questions can be directed to Cathy Fikes, (714) 536-5553. This applicati.on should be returned to the City Council Offfoes, P .0,. Box 190, Huntington Beach, CA 92648 or in person to the 4th floor of City Hall. 2000 Main Street .(fil Yorktown). _ · . 46 APPLICATION FOR APPOINTMENT TO A CITIZEN COMMISSION, BOARD, COMMITTEE, OR TASK FORCE (Please type or print clearly) IMPORTANT ·o 1 'iCc Before applying, you need to know the following: * All Council appointed commission, board, and committee members are required bi-annually to take harassment training and two hours of ethics training. * You are applying for a public position. As such, the information provided in your application is a public record and cannot be kept confidential. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th Floor of City Hall, 2000 Main Street (at Yorktown). NAME McGowan Last Kathleen First c DATE 12/14/2018 Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE Environmental Board LENGTH OF RESIDENCY 6 yrs OCCUP~ION_E_n_vi_ro_n_m_e_n_t_a_I C~o_ns_u_lt_a_n_t~~~~~~~~~ UNITED ST ATES CITIZEN? Yes CURRENTL y SERVING ON A CITY BOARD OR COMMISSION? No ' ---~--- 1 F SO, WHICH ONE? _____________________________ ~ HOME ADDRESS: BUSINESS ADDRESS: PHONE CELL _____ _ EMAIL ________ FAX _____ _ EDUCATIO B.S., Chemical Engineering, The Johns Hopkins University M.S., Environmental Engineering, Georgia Institute of Technology PROFESSIONAL LICENSES AND/OR ASSOCIATIONS Registered Professional Engineer in Chemical Engineering, CA License No. CH 4989 California Stormwater Quality Association, subcommittee on Watershed Mgmt. & Impaired Waters American Institute of Chemical Engineers, member (currently working toward certification as an Envision Sustainability Professional) PROFESSIONAL EXPERIENCE My environmental consulting experience spans 30 years of work in watershed protection and industrial and hazardous waste management. My current consulting practice is focused on stormwater/urban runoff management and watershed protection for municipal clients in LA County. I have taught environmental technology courses at the college level, and also served as Education Director and Executive Director of a non-profit land conservancy. 3 47 SPECIAL KNOWLEDGE OR SKILLS Effective writing, grant writing, technical and regulatory testimony and analysis. Familiar with coastal sage scrub habitat/plant communities in the area. Experience reviewing CEQA EIRs, mitigated negative declarations, etc. CIVIC AND/OR SERVICE MEMBERSHIPS Previously served as appointed citizen on the Palos Verdes Landfill Advisory Committee (2 years) Previously served as adult leader and merit badge counselor in Boy Scouts of America (5 years) CIVIC INTERESTS I am interested in sustainable infrastructure and development and supporting local government leadership in this area. HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY? If I am selected to serve on the Environmental Board, I will strive to work with my colleagues to find effective, evidence-based solutions to the challenges posed to us by the City Council. I will apply my technical and regulatory expertise to provide effective analysis on which the Council can rely for decision-making and policy setting. WHY DO YOU WISH TO SERVE ON A VOLUNTEER CITIZEN'S BODY? In consulting for small municipalities I have worked closely with city councils and have seen how local government comes closest to the democratic ideals envisioned by our country's founders. By providing my environmental expertise to our local elected officials I hope to help them develop effective, technically informed environmental policies in the best interests of our community. It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. This application should be returned to the City Council Offices, P.O. Box 190. Huntington Beach. CA 92648 or in person to the 4th floor of City Hall, 2000 Main Street li!! Yorktown). 4 (Revised 10/13/2010 2:04:00 PM) 48 APPLICATION FOR APPOINTMENT TO A CITIZEN COMMISSION, BOARD, COMMITTEE, OR TASK FORCE (Please type or print clearly) IMPORT ANT NOTICE: Before applying~ you need to know the following: "h All Council appointed commission, board, and committee members are required bi-annually to take harassment training and two hours of ethics training. * You are applying for a public position. As such, the information provided in your application is a public record and cannot be kept confidential. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th Floor of City Hall, 2000 Main Street (at Yorktown). NAME Siegal Joan p DATE 4/25/2019 ~----~--~-------Last First Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE _E_nv_i_ro_n_m_en_t..;...al_B_o_a_rd _______ _ LENGTH OF RESIDENCY la~s OCCUPATION Environmental Remediation Project Manager UNITED STATES CITrZEN? _Y_e_s __ CURRENTL y SERVING ON A CITY BOARD OR COMMISSION? _N_o_~ IF SO, WHICH ONE?~~~~~~~~--~~~~------~~------------~------- HOME ADDRESS: BUSINESS ADDRESS: PHONE CELL ' .. PHONE---CELL: E-MAIL ____ _ EMAIL FAX _____ ~ EDUCATIONAL BACKGROUND MS, Environmental Engineering, University of Southern California, 1980 MS, Marine Biology, University of Southern California, 1980 BS, Geology, State University of New York, 1975 PROFESSIONAL LICENSES AND/OR ASSOCIATIONS PMP -Project Management Professional PROFESSIONAL EXPERIENCE Senior Project Manager for cleanup of hazardous waste sites over the past 30 years at DoD installations in California, Hawaii, and Nevada. Conducted remedial investigations and prepared feasibility studies, proposed plans, and RODs for sites contaminated with fuels, solvents, and lead. Managed the cleanup of large fuel and solvent plumes. Investigated and prepared decision documents for a chemical warfare materiel sites. Investigated contamination emanating from closed landfills and prepared closure documents. Consultant for Orange County Water District on skeet and rifle range located on their property and for Investigation of groundwater contaminant plume. 3 49 SPECIAL KNOWLEDGE OR SKILLS Environmental engineering, hazardous wastes, CERCLA process, project and program management, interaction with regulators. CIVIC AND/OR SERVICE MEMBERSHIPS Huntington Beach Lions Club American Corporate Partners (Assist veterans) CIVIC INTERESTS I was a member of the Environmental Board in the early 1990's, but have not served on a city board since. I have been active in the Huntington Beach Lions Club, chairing the Student Speakers contest and Ronald MacDonald House dinners, and have participated in numerous Crabfests and pancake breakfasts. I am also a mentor for American Corporate Partners, and have assisted veterans over the past three years transition to civilian careers by one-on-one coaching. My interest for Huntington Beach is to make sure we maintain clean water and beaches 1 and preserve our wetlands and natural spaces. HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS .OF THE COMMUNITY? As a long .. time resident of Huntington Beach and an environmental engineering professional, I believe I am well qualified to assist the city on making sound decisions on issues impacting the health and welfare of its residents and the surrounding environment. Much of my career has been spent helping the Department of Defense negotiate win-w1n solutions to complex environmental problems, coming from a position of pragmatism, not activism. WHY DO YOU WISH TO SERVE ON A VOLUNTEER CITIZEN'S BODY? I am nearing retirement, plan to stay in Huntington Beachl and would like to use my professional skllls to support my community. Atso, twould like to help maintain Huntington Beach as the wonderful pf ace to live it currently Is, including making sure we protect our natural spaces and marine environment, conserve water, and make sound decisions on future construction projects. I would also enjoy interacting with like .. minded fellow board members for the bettermenf of our community. It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant.· Selection will be made without discrimination base~ on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. ' This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach. CA 92648 or in person to the 4th floor of City Hall, 2000 Main Street _{fil Yorktown). 4 (Revised 10/13/2010 2:04:00 PM) 50 APPLICATION FOR APPOINTMENT TO A CITIZEN COMMISSION, BOARD, COMMITTEE, OR TASK FORCE (Please type or print clearly) IMPORTANT Before applying, you need to know the following: * All Council appointed commission, board, and committee members are required bi-annually to take harassment training and two hours of ethics training. * You are applying for a public position. As such, the information provided in vour application is a public record and cannot be kept confidential. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th Floor of City Hall, 2000 Main Street (at Yorktown). NAME URLING Last CORVI First J DATE MAY 20, 20119 Middle Initial NAME OF BOARD, COMMISSION, COMMITTEE, OR TASK FORCE ENVIRONMENTAL BOARD LENGTH OF RESIDENCY 5yrs (7/2019) OCCUPATION MORTGAGE BANKER -----~-~--~--~---~ UNITED STATES CITIZEN? YES CURRENTLY SERVING ON A CITY BOARD OR COMMISSION? _Y_E_S __ IF SO, WHICH ONE? INVESTMENT ADVISORY BOARD, CERT BOD, CHAMBER AMBASSADOR, OCR CHAIR HOME ADDRESS: BUSINESS ADDRESS: PHONE ------CELL PHONE _________ CELL _____ _ E-MAIL--FAX _____ _ EMAIL--------------------FAX------ EDUCATIONAL BACKGROUND CALIF STATE UNIV NORTHRIDGE UNIVERSITY OF CALIFORNIA IRVINE MORTGAGE BANKERS ASSOC OF AMERICA PROFESSIONAL LICENSES AND/OR ASSOCIATIONS NATIONAL MORTGAGE LENDING LICENSE #163870 -LICENSED IN CA, WA & OR CALIFORNIA DEPT OF REAL ESTATE #01157396 CERTIFICATE OF PERSONAL FINANCIAL PLANNING PROFESSIONAL EXPERIENCE 25 YEARS IN MORTGAGE LENDING, REAL ESTATE AND FINANCE 3 51 SPECIAL KNOWLEDGE OR SKILLS PERSONAL FINANCE, COMPUTING, SALES, MARKETING, TEAM BUILDING, LEADERSHIP DEVELOPMENT CIVIC AND/OR SERVICE MEMBERSHIPS ROBERT MAYER LEADERSHIP ACADEMY, GRADUATE 2019 ORANGE COUNTY REALTORS LEADERSHIP, GRADUATE 2019 CALIFORNIA MORTGAGE BANKERS ASSOCIATION OF AMERICA FUTURE LEADERS, CADET 2019 CIVIC INTERESTS HUNTINGTON BEACH FIRE DEPARTMENT CERT PROGRAM MEALS ON WHEELS DRIVER, SENIOR CENTER AT CENTRAL PARK HUNTING BEACH CHAMBER OF COMMERCE, AMBASSADOR HOMES FOR HUMANITY OC, COLLEGE BOUND COMMITTEE PACIFIC AIRSHOW TEAM LEAD VOLUNTEER HOW WILL YOUR QUALIFICATIONS BEST SERVE THE NEEDS OF THE COMMUNITY? I BELIEVE MY EXPERIENCE AND KNOWLEDGE OF THE EVENTS AND COMMITTEES THAT I HAVE BEEN A PART OF IN THE PAST GIVES ME UNIQUE INSIGHT AS TO MOST EFFICIENTLY MANAGE THE TASKS INVOLVED WITH EACH APRTICULAR SITUATION WHY DO YOU WISH TO SERVE ON A VOLUNTEER CITIZEN'S BODY? I BELIEVE IT IS MY DUTY TO GICVE BACK AND TO DO MY BEST TO LEAVE THINGS BETTER OFF THAN I FOUND THEM TO WHOM MUCH IS GIVEN, MUCH IS REQUIRED It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applicant. Selection will be made without discrimination based on the race, creed, gender, or sexual orientation of the applicant. Additional information concerning a particular commission, board, committee, or task force or the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. This application should be returned to the City Council Offices, P.O. Box 190, Huntington Beach, CA 92648 or in person to the 4th floor of City Hall, 2000 Main Street _(fil Yorktown). 4 (Revised 10/13/2010 2:04:00 PM) 52 May 7, 2019 To: Tess Nguyen Associate Planner Department of Community Development City of Huntington Beach Hi Tess, and congratulations for becoming the new liaison for the City of HB Environmental Board. In a “term-limit verification” meeting – which, I had with Councilwomen Jill Harding and Barbara Delgleize on Monday, April 29th at City Hall along with Mark Sheldon (Chairman of the Environmental Board), I would like to be considered and continue my volunteer time remaining on the Environmental Board. As an environmentalist and leader with the Surfrider Foundation along with my 28 years with “Sustainable in the Build Environment” with IFMA, I’d like to continue serving on the Environmental Board to help the City of Huntington Beach with environmental awareness with shared ideas for the City and our community. (Since you don’t know much about me; I’ve attached some videos, to this email, showing the work that my organization has done behind the scenes to help Huntington Beach for your knowledge and review) Please consider my request. Thank you. Yours truly, Tony Soriano Past President of IFMA Orange County Director at Large Chapter Manager, and Immediate Past Chairman for the Surfrider Foundation 53 City of Huntington Beach File #:19-964 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, PE, Director of Public Works Subject: Adopt Resolution No. 2019-64 certifying that the City has the resources to implement the projects to be included in the Federal Transportation Improvement Program (FTIP) as required by the Orange County Transportation Authority (OCTA) Statement of Issue: The Orange County Transportation Authority (OCTA) requires the submittal of a resolution certifying that the City has the resources to implement the projects listed be included in the Federal Transportation Improvement Program. Financial Impact: None associated with this action Recommended Action: Adopt Resolution No. 2019-64, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2020/21 - 2025/26 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” Alternative Action(s): Do not adopt the resolution and provide staff with an alternative direction. Analysis: The City Council has committed local funding, in the past, to match Federal funded grants through the Federal Transportation Improvement Program (FTIP). The FTIP is a database that programs funding for all State and Federal Funded transportation projects as well as projects of regional significance. The two projects previously authorized to receive these grant funds are: 1. Atlanta Avenue Widening Project 2. Utica Avenue Bicycle Boulevard In order to maintain these previously approved and budgeted grant funds, OCTA, which administers these federal grants, is requiring that all Orange County agencies have their respective council or City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™54 File #:19-964 MEETING DATE:10/21/2019 board approve a resolution reaffirming that it has the resources to fund the projects submitted for inclusion in the FTIP. Environmental Status: Not required for this action Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. Resolution No. 2019-64, “A Resolution of the City Council of the City of Huntington Beach Certifying that the City has the Resources to Fund the Projects in the FY 2020/21 - 2025/26 Transportation Improvement Program and Affirms its Commitment to Implement All Projects in the Program.” City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™55 RESOLUTION NO. 2019-64 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THAT THE CITY HAS THE RESOURCES TO FUND THE PROJECTS IN THE FY 2020/2 1 -2025 /26 TRANSPORTATION IMPROVEMENT PROGRAM AND AFFIRMS ITS COMMITMENT TO IMPLEMENT ALL PROJECTS IN THE PROGRAM WHEREAS, The City of Huntington Beach ("CITY") i s located within the metropolitan planning boundaries of the Southern California Association of Governments; and CITY has authorized project submittals to the Orange County Transportation Authority's (OCTA) Federal Transportation Improvement Program (FTIP); and CITY is the lead agency for projects and will comply with applicable local , state, and federal provisions inc lud ing but not limited to the FTIP , California Environmental Quality Act, National Environmental Policy Act, Americans with Disabiliti es Act, and Buy America; and CITY agrees to construct Transportation Control Measures projects as noted in the amendments in a timely manner, NOW, THEREFORE, the City Council of the City of Huntington Beach doe s hereby resolve as follows: 1. That it affirms the City's commitment to the projects submitted in the 2020 Federal Transportation Improvement Program: a. Atlanta Avenue Widening Project (from Huntington St. to Delaware St.) b . Utica A venu e Bicycle Boulevard PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on , 2019. Mayor REVIEWED AND APPROVED: City Manager 19-7936-211495 56 City of Huntington Beach File #:19-1018 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Chuck Adams, Interim Chief Financial Officer Subject: Adopt Resolution No. 2019-72 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith Statement of Issue: City Council authorization is requested to amend the authorized use of available proceeds related to the 2014 Series A Lease Revenue Bonds to include soft costs related to the Police Building Modernization Project. Financial Impact: There are sufficient fund balances in the Infrastructure Fund (314) and the Bond Project Fund (319) to support this request. Recommended Action: A) Adopt Resolution No. 2019-72, “Resolution of the City Council of the City of Hunting Beach Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and, B) Approve authorization to execute any necessary actions to comply with Resolution 2019-72 including: 1) the inter-fund transfer of $514,651 from the Bond Project Fund (319) to the Infrastructure Fund (314); and 2) an appropriation increase of $320,349 to the Bond Project Fund to utilize the remaining bond proceeds on capital projects as authorized in the Bond Indenture and Supplemental Amendments. Alternative Action(s): City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™57 File #:19-1018 MEETING DATE:10/21/2019 Do not approve the recommended action and direct staff accordingly. Analysis: In November 2014, the City issued Lease Revenue Bonds totaling $15.295M to finance the construction of a new Senior Center in Central Park. Due to project cost savings, approximately $835,000 in bond proceeds are remaining and available to use towards other capital projects. In order to expend bond proceeds on capital projects other than the Senior Center, the City is required to adopt Resolution 2019-72 that provides City Council authority to amend the project scope listed in the bond indenture documents to include soft costs associated with the Police Building Modernization Project. Authorization is requested for appropriation and transfer authority of (A) $514,651 from the Bond Project Fund (319) to the Infrastructure Fund (314) for previously approved and incurred capital improvement costs related to the Police Building Modernization Project; and (B) $320,349 in additional appropriations in the Bond Project Fund to expend the remaining bond proceeds from the 2014 Series A Lease Revenue Bond on capital projects as authorized in the Bond Indenture and Supplemental Amendments. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and maintain the infrastructure Strengthen long-term financial and economic sustainability Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 2019-72, “Resolution of the City Council of the City of Huntington Beach Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith” 2. Second Amendment Supplemental Indenture City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™58 RESOLUTION NO. 2019-72 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE IN CONNECTION WITH A · CHANGE IN THE AUTHORIZED USE OF PROCEEDS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY (ORANGE COUNTY, CALIFORNIA) LEASE REVENUE BONDS, 2014 SERIES A, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, in order to finance and refinance various capital improvement projects (collectively, the "Projects"), the City of Huntington Beach (the "City") leased ce1tain real property owned by the City, including the improvements thereto, known as the Civic Center (collectively, the "Property"), to the Huntington Beach Public Financing Authority (the "Authority") pursuant to a Site Lease, dated as of September 1, 2011, by and between the City and the Authority, as amended and supplemented by the First Amendment to Site Lease, dated as of November 1, 2014, by and between the City and the Authority, and subleased the Prope1ty back from the Authority pursuant to a Lease Agreement, dated as of September 1, 2011, by and between the City and the Authority, as amended and supplemented by the First Amendment to Lease Agreement, dated as of November 1, 2014, by and between the City and the Authority (collectively, the "Lease Agreement"); and The City and the Authority determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance and refinance the Projects through the issuance by the Authority of (i) the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Refunding Bonds, 2011 Series A (Capital Improvement Refinancing Project) (the "Series 2011 A Bonds"), and (ii) the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A (Senior Center Project) (the "Series 2014A Bonds" and together with the Series 201 lA Bonds, the "Bonds"), pursuant to an Indenture, dated as of September 1, 2011, by and among the Authority, the City and The Bank of New York Mellon Trust Company, N.A., as trustee (the "Trnstee"), as amended and supplemented by the First Supplemental Indenture, dated as ofNovember 1, 2014, by and among the Authority, the City and the Trustee (collectively, the "Indenture"), payable from the base rental payments (the "Base Rental Payments") to be made by the City under the Lease Agreement and the other assets pledged therefor under the Indenture; and All rights to receive such Base Rental Payments were assigned without recourse by the Authority to the Trustee pursuant to the Indenture; and In consideration of such assignment and the execution of the Indenture, the Authority issued the Bonds (capitalized undefined terms used in these recitals shall have the meanings ascribed thereto in the Indenture); and The Indenture provides that, subject to the conditions set forth therein , the Indenture and the rights and obligations of the Authority, the City, the Trustee and the Owners under the 59 Resolution No. 2019-72 Ind enture m ay be modified or amended from time to time and at any time by a Supplemental Indenture, which the Authority, the Cit y and the Trustee may enter into with out the con sent of a ny Owners for any reason not otherwi se provided for in the Ind e nture, provided s uch amendment or supplement does not adversely affect the rights or interests of the Owners; and A p01tion of the proceeds of th e Series 2 014A Bonds remains unspent and the City and the Authority have determined tha t it would be in the best interests of th e City and the Authority to amend the Indenture to expand the Projects funded with the Seri es 2014A Bonds to include the Police Building Modernization Proj ect to be completed for the Police Depa1tment building at the C ivic Center (the "Police Building Modernization Project") and any other capital improvement project the City deems a priority (collectively, the "Expanded Projects"); and The City and the Authority have determined that such an amendment to the Indenture would not adversely affect the rights or inte res ts of the Owners under the Ind enture; and The Authority a nd the City desire th a t the Trustee, the Authority and the City enter into a Second Supplemental Indenture (the "Second Supplemental Indenture") in o rd er to provid e for the amendment of the Indenture to expand the Projects funded with the Series 20 14A Bonds to include the Expanded Projects; and The City Council of the City (the "City Council ") has been presented w ith the form of the Second Supplemental Indenture, and the City Co uncil has examined and approved the Second Supplemental Indenture and de s ire s (i) to authorize and direct the execution of such documen t and the consummation of the amendment of the Indenture to expand the Projects funded w ith the Series 2014A Bonds to include the Expand ed Projects, and (ii ) authorize the expenditure of the remaining Series 2014A Bond proceeds on the Expanded Projects; and All acts , conditions and things required by the Constitution and laws of the State of Cal ifornia to exist, to have happened and to have been perfmmed precedent to and in connection w ith th e con summation of the actio ns authori zed hereby do exist, have happened and have been performed in regular and due time, fo 1m an d manner as required b y law, an d the City is now duly authorized and e mpowered, pursuan t to each and every requirem ent of l aw, to consummate su ch act ions for the purpose, in the manner a nd up on the te1ms here in provi de d ; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDE R AS FOLLOWS : Section 1. All of the recita ls he rein contained are true and colTect and the City Co uncil so finds. Section 2. The form of the Second Supplementa l Indenture, submitted to and on file with the City C lerk, is hereb y approved, and the Mayor of the City, and such other member of the City Co un c il as the Mayor m ay desi gnate, the C ity Manager, the Assistant City Manager and the Chief Financial Officer of the C ity, and s uch other officers of t he City as the C ity Manager may designa te (collectively, the "Authori zed Officers"), a re each hereby authorized and directed, for and in t he name a nd o n be ha lf of the City, to execute and de li ver the Second Supplemental Ind entur e in sub stanti all y sa id fo tm, wi th s uch c han ges therein as the Auth orized Officer executing the sam e may require or approve, su ch approval to be conclu sivel y evid enced by the 19 -8037/2 1535 0 2 60 Resolution No. 2019-72 execution and del ivery th ereof, and the Authori ze d Officers are each h ereb y authorized and di rected, for a nd in the name and on behalf of the City, to ex pend the remaining Series 20 14A Bond proceeds on the Expanded Projects . Section 3. The Authorized Office rs are hereby authorized an d directed, jointly and severall y, to do any and a ll things which they may deem necessary o r advisable in order to cons ummate the transaction here in autho ri zed and otherwi se to carr y out, give effect to and comply with the terms and intent of this Reso lution. Section 4. All actions heretofo r e taken by the officers, employees and agents of the City with respect to the transaction set fo rth above are hereby approved , confirmed and ratified. Section 5. Thi s Resolution and the declarat ion herein shall take effect from and after its date of adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regu lar meeting thereof he ld on the day of , 20 19. Mayor REVIEWED AND APPROVED: C ity Manager I nterim Chief Financial Officer APPROVED AS TO FORM: 19-8037/2 15350 3 61 .... -.. SECOND SUPPLEMENTAL . IND.ENTURE · by and among HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY and CITY OF HUNTINGTON BEACH and THE BANK OF NEW YORK MELLON TRUST COMP ANY, N.A., AS TRUSTEE 19 -80 37/2 15352 4 164-9723-2 159.1 Dated as of October 1, 2019 62 TABLE OF CONTENTS PARTl PARTICULAR AMENDMENTS Page Part 1.1. Amendments to Section 1. 01 .......................................................................................... 3 PART2 MISCELLANEOUS Part 2.1. Effect of Second Supplementa l Indenture ...................................................................... 4 Part 2.2. Execution in Counterparts .............................................................................................. 4 Part 2 .3. Effective Date ................................................................................................................. 4 Pait 2.4. Effective Date ................................................................................................................. 4 19-8037/2 15352 4164-9723-2159.1 63 SECOND SUPPLEMENTAL INDENTURE THIS SECOND SUPPLEMENTAL INDEN TURE (thi s "Second Suppl emental Ind enture"), i s made and e nt ere d into as of October 1, 20 19, by and among the HUNTINGT ON BEACH PUBLIC FINANCING AUTHORITY, a joint exercise of powers entity organized and ex isting under and by vi rtue of the l aws of the State of Cal ifo rnia (the "Authority"), the CITY OF HUNTINGTON BEACH, a municipal corporati on and ch ar ter ci ty duly or gan ize d and existing under and by virtue of the Co n stitution a nd laws of the State of Ca l ifo rn ia and its Cha rter (the "City"), and THE BANK OF NEW YORK MELLON TRU ST COMPANY, N .A., a n ati onal ba nking association duly organi zed and ex isting under and by vi1iue of the laws of the United States of Am eri ca (the "Trustee"). WIT NE S S ETH: WHEREAS, in order to finance and refinan ce various capital improvement projects (co ll ecti vely, th e "Proj ects"), the City l ease d certain real p ro p erty owned by the City, including the improve ments ther eto, known as the Civic Center (collectively, the "Prope1iy"), to the Authority pursuant to a Site Lease, dated as of September 1, 201 1, by and between the City an d the Authori ty, as amend ed and s upplemented by the First Amendment to Site Lease, dated as of November 1, 2014, by and between the City and the Authority, and subleased the Property back from the Authority pursu ant to a Lease Agreement, dated as of September 1, 201 1, by and b etween the Ci ty and the Authority, as amended and s upplemented by the First Amendment to Lease Agreement, dated as of November l , 2014, by and between th e City and the Authori ty (co ll ectively, the "Lease Agreement"); and WHEREAS, the Ci ty and the Au tho rity determined that it woul d b e in the best interests of the City and the Authority to provide the funds necessary to finance and r efinance the Proj ects through the issuance b y the Authority of (i) the Huntington Beach Public Financing Auth or ity (Orange County, Cali forn ia) Le ase Revenue Refunding Bonds, 20 11 Series A (Capital Impro ve ment Refinancing Project) (the "S eri es 201 lA Bonds"), and (ii) the Huntington Beach Public Financing A uth ority (Orange County, Ca li fornia) Lease Reve nue Bond s, 20 14 Seri es A (Senior Center Project) (the "Series 2014A Bonds" and together wi th the Series 20 1 lA Bonds, the "Bond s"), pursuant to a n Indenture, dated as of September 1, 201 1, by and among the Authority, the City and the Trustee, as a mended and s upplemented by the Fi r st Supplemental Inde nture, elated as of Novemb er 1, 20 14 , by and among the Authority, the City an d the Trustee (collectively, the "Indenture"), payable from the base renta l paym ents (th e "Base Rental Payments") to be made by the City under the Lease Ag reement and th e other assets pledged therefor under the Indenture; and · WHEREAS, all ri ghts to rec e ive such Base Rental Payments were assigned without r eco urs e by the Authority to the Trustee pursuant to th e Indenture; and WHEREAS, in consideration of such assignment a nd the execution of the Ind enture, the A uthori ty issu ed the Bonds (capitalized undefined term s used in these recitals shall have the meanings ascribed thereto in the Indenture); and WHEREAS, the Indentme provides that, subj ect to the conditions set fmih therein, the In denture and the rights and obligations of the Authority, the City, t he Trustee and the Owners 19-8037/2 15352 4 164 -9723-2159. l 64 under the Indenture may be modified or amended from tim e to t ime an d at any time by a Suppleme ntal Ind enture, which the Authority, th e City and the T ru stee may enter into w ithout the consent of a ny Owners fo r any reason not otherwise provided for in the Indenture, provided such amendment or supplement does not adversely affect the rights or interests of the Owners ; and WHEREAS, a portion of the proceeds .of th e Series 2 01 4A Bonds remains unspent and the City and the A u thority h ave determined that it would be in the bes t interests of the Ci ty and the A uthority to a mend the Indent ure to expand th e Projects funded w ith the Series 2014A Bonds to i nclude the Police Building Modernization Project to be completed for the Poli ce Department building at the Civic Center and any other capital improvement projects the City deems a priority (collecti vely, the "Expanded Projects"); and WHEREAS, the City a nd the Authority have determined· that s uch an amendment to the Indenture would not adversely affect th e rights or interests of th e Owners under the Indenture; and WHEREAS, in order to acco mpli s h the amendme nt of the Indenture to expand the Projects to include the Expanded Projects, the T rustee, the Authority an d the City are entering into this Second Suppl em ental Indenture; and WHEREAS, all acts, conditions and things r equired by law to exi st, to have happened and to have been performed precedent to and in connection with the execut ion and entering into of thi s Second Supplemental Inde nture do exi st, have happened and have been p erformed in regul ar and due time, form and manner as required by la w, and the parties hereto are now du ly authorized to execute and enter into this Second Supplemental Indenture; NOW, THEREFORE, in consideration of the premises and of the mutua l agreements and coven ants contained herein and fo r other val uab le consi deration, the pru.iies do he re by agree as follows : PARTl P ARTICULAR AMENDMENTS Part 1.1. Amendments to Section 1.01. Section 1.01 of the Indenture is h ereby amended by modifying the fo ll owin g term: "Series 2014A Project" means (i) the capital improvement project described in rec ital clauses to the First Supplemental Indenture, (ii) the capital improvement project constitutin g the City's Police Building Modernization Project to be completed for th e Police Department b uil d ing at the Civic Center, and (i ii) any other capita l improvement proj ect the City .deem s a priority. 19-8037/215352 4164 -9723-2159.1 PART2 MISCELLANEOUS 2 65 Part 2.1. Effect of Second s ·upplcmental Indenture. This Second Supplemental Indenture and all of the terms and provisions herein contained shall form part of the Indenture as fully and with the same effect as if all such terms and provisions had been set forth in the Indenture. The Indenture is hereby ratified and confirmed and shall continue in full force and effect in accordance with the terms and provisions thereof, as heretofore amended and supplemented, and as amended and supplemented here by. If there shall be any conflict between the terms of this Second Supplemental Indenture and the terms of the Indenture (as in effect on the day prior to the effective date of this Second Supplemental Indenture), the terms of this Second Supplemental Indenture shall prevail. Part 2.2. Execution in Counterpart~. This Second Supplemental Indenture may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Part 2.3. Governing Law. This Second Supplemental Indenture shall be construed and governed in accordance with th e laws of the State of California. Part 2.4. Effective Date. This Second Supplemental Indenture shall become effective immediately upon the execution hereof. 19-8037/2 15352 4164-9723-2159.1 3 66 IN WITNESS WHEREOF, the parties hereto have executed this Second Supplemental Indenture by their officers thereunto duly authorized as of the day and year first written above. 19 -8037/2 15352 4 164 -9723-2 159.1 4 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Authorized Officer HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Erik Peterson, Chair of the Board of Directors CITY OF HUNTINGTON BEACH Chuck Adams, Interim Chief Financial Officer 67 City of Huntington Beach File #:19-1019 MEETING DATE:10/21/2019 REQUEST FOR PUBLIC FINANCING AUTHORITY ACTION SUBMITTED TO:Honorable Chair and Board Members SUBMITTED BY:Oliver Chi, Executive Director PREPARED BY:Chuck Adams, Interim Chief Financial Officer Subject: Adopt Public Financing Authority Resolution No. 24 authorizing the execution and delivery of a Second Supplemental Indenture in connection with a change in the authorized use of proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and authorizing the execution of necessary documents and certificates and related actions in connection therewith Statement of Issue: Public Financing Authority authorization is requested to amend the authorized use of proceeds related to the 2014 Series A Lease Revenue Bonds to include soft costs related to the Police Building Modernization project. Financial Impact: There is sufficient fund balance in the Bond Project Fund (319) to support this request. Recommended Action: A) Adopt Resolution No. 24, “Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith;” and, B) Approve authorization to execute any necessary actions to comply with Resolution 24. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: In November 2014, the City issued Lease Revenue Bonds totaling $15.295M to finance the construction of the Senior Center in Central Park. Due to project cost savings, approximately City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™68 File #:19-1019 MEETING DATE:10/21/2019 $835,000 in bond proceeds are remaining and available to spend on other capital projects. In order to expend bond proceeds on capital projects other than the Senior Center, the Public Financing Authority is required to adopt Resolution 24. Staff is recommending to amend the project scope listed in the bond indenture documents to include soft costs associated with the design of the Police Building Modernization project. Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Enhance and maintain the infrastructure Strengthen long-term financial and economic sustainability Enhance and modernize public safety service delivery Attachment(s): 1. Resolution No. 24, “Resolution of the Board of Directors of the Huntington Beach Public Financing Authority Authorizing the Execution and Delivery of a Second Supplemental Indenture in Connection with a Change in the Authorized Use of Proceeds of the Huntington Beach Public Financing Authority Lease Revenue Bonds 2014 Series A, and Authorizing the Execution of Necessary Documents and Certificates and Related Actions in Connection Therewith” 2. Second Amendment Supplemental Indenture City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™69 RESOLUTION NO. 24 RESOLUTION OF THE BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION AND DELIVERY OF A SECOND SUPPLEMENTAL INDENTURE IN CONNECTION WITH A CHANGE IN THE AUTHORIZED USE OF PROCEEDS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY LEASE REVENUE BONDS 2014 SERIES A, AND AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS AND CERTIFICATES AND RELATED ACTIONS IN CONNECTION THEREWITH WHEREAS, in order to finance and refinance various capital improvement projects (collectively, the "Projects"), the City of Huntington Beach (the "City") leased certain real property owned by the City, including the improvements thereto, known as the Civic Center (collectively, the "Prope1iy"), to the Huntington Beach Public Financing Authority (the "Authority") pursuant to a Site Lease , dated as of September 1, 2011, by and between the City and the Authority, as amended and supplemented by the First Amendment to Site Lease, dated as of November I, 2014, by and between the City and the Authority, and subleased the Prope1iy back from the Authority pursuant to a Lease Agreement, dated as of September I, 2011, by and between the City and the Authority, as amended and supplemented by the First Amendment to Lease Agreement, dated as of November 1, 2014 , by and between the City and the Authority (collectively, the "Lease Agreement"); and The City and the Authority determined that it would be in the best interests of the City and the Authority to provide the funds necessary to finance and refinance the Projects through the issuance by the Authority of (i) the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Refunding Bonds, 2011 Series A (Capital Improvement Refinancing Project) (the "Series 201 IA Bonds"), and (ii) the Huntington Beach Public Financing Authority (Orange County, California) Lease Revenue Bonds, 2014 Series A (Senior Center Project) (the "Series 2014A Bonds" and together with the Series 201 lA Bonds, the "Bonds"), pursuant to an Indenture, dated as of September 1, 2011 , by and among the Authority, the City and The Bank of New York Mellon Trust Company, N .A., as trustee (the "Trustee"), as amended and supplemented by the First Supplemental Indenture, dated as of November 1, 2014, by and among the Authority, the City and the Trustee (collectively, the "Indenture"), payable from the base rental payments (the "Base Rental Payments") to be made by the City under the Lease Agreement and the other assets pledged therefor under the Indenture; and All rights to receive such Base Rental Payments were assigned without recourse by the Authority to the Trustee pursuant to the Indenture; and In consideration of such assignment and the execution of the Indenture, the Authority issued the Bonds (capitalized undefined te1ms used in these recitals shall have the meanings ascribed thereto in the Indenture); and The Indenture provides that, subject to the conditions set forth therein , the Indenture and the rights and obligations of the Authority, the City, the Trustee and the Owners under the 4 I 23-8668-3 I 67. I 70 Resolution No. 24 Indenture may be modified or amended from time to time and at any time by a Supplemental Indenture, which the Authority, the City and the Trustee may enter into without the consent of any Owners for any reason not otherwise provided for in the Indenture, provided such amendment or supplement does not adversely affect the rights or interests of the Owners; and A portion of the proceeds of the Series 2014A Bonds remains unspent and the City and the Authority have determined that it would be in the best interests of the City and the Authority to amend the Indenture to expand the Projects funded with the Series 2014A Bonds to include the Police Building Modernization Project to be completed for the Police Department building at the Civic Center and any other capital improvement project the City deems a priority (collectively, the "Expanded Projects"); and The City and the Authority have dete1mined that such an amendment to the Indenture would not adversely affect the rights or interests of the Owners under the Indenture; and The Authority and the City desire that the Trustee, the Authority and the City enter into a Second Supplemental Indenture (the "Second Supplemental Indenture") in order to provide for the amendment of the Indenture to ex pand the Projects funded with the Series 2014A Bonds to include the Expanded Projects; and The Board of Directors of the Authority (the "Board of Directors") has been presented with the foim of the Second Supplemental Indenture, and the Board of Directors has examined and approved the Second Supplemental Indenture and desires to authorize and direct the execution of such document and the consummation of the amendment of the Indenture to expand the Projects funded with the Series 2014A Bonds to include the Expanded Projects; and All acts, conditions and things required by the Constitution and laws of the State of California to exist, to have happened and to have been performed precedent to and in connection with the consummation of the actions authorized hereby do exist, have happened and have been performed in regular and due time, form and manner as required by law, and the Authority is now duly authorized and empowered, pursuant to each and every requirement of law, to consummate such actions for the purpose, in the manner and upon the te1ms herein provided; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY, as follows: Section 1. All of the recitals herein contained are true and correct and the Board of Directors so finds. Section 2. The form of the Second Supplemental Indenture, submitted to and on file with the Secretmy of the Authority, is hereby approved , and the Chair of the Board of Directors of the Authority, and such other member of the Board of Directors as the Chair may designate, the Executive Director of the Authority and the Treasurer of the Authority, and such other officers of the Authority as the Executive Director of the Authority may designate (collectively, the "Authorized Officers"), are each hereby authorized and directed, for and in the name and on behalf of the Authority, to execute and deliver the Second Supplemental Indenture in 19-8037/2 15351 4123-8668-3 167 . I 2 71 Resolution No. 24 substantially said form , with such changes therein as the Authorized O fficer executing the same may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. Section 3. The Authorized Officers are hereby authorized and directed, jointly and severally, to do any and all things which they may deem necessaiy or advisable in order to consummate the h·ansaction herein authorized and otherwise to carry out, give effect to and comply with the te1ms and intent ofthis Resolution. Section 4. All actions heretofore taken by the officers, employees and agents of the Authority with respect to the trai1saction set fmih above are hereby approved, confomed and ratified. Section 5. This Resolution shall take effect from and after its date of adoption . PASSED AND ADOPTED by the Board of Directors of the Huntington Beach Public Financing Authority at a regulai· meeting thereof held on the day of , 2019. REVIEWED AND APPROVED : Executive Director 19-8037/215351 4123-8668-3167. I Chair INITIATED AND APPROVED: 3 72 .... -.. SECOND SUPPLEMENTAL . IND.ENTURE · by and among HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY and CITY OF HUNTINGTON BEACH and THE BANK OF NEW YORK MELLON TRUST COMP ANY, N.A., AS TRUSTEE 19 -80 37/2 15352 4 164-9723-2 159.1 Dated as of October 1, 2019 73 TABLE OF CONTENTS PARTl PARTICULAR AMENDMENTS Page Part 1.1. Amendments to Section 1. 01 .......................................................................................... 3 PART2 MISCELLANEOUS Part 2.1. Effect of Second Supplementa l Indenture ...................................................................... 4 Part 2.2. Execution in Counterparts .............................................................................................. 4 Part 2 .3. Effective Date ................................................................................................................. 4 Pait 2.4. Effective Date ................................................................................................................. 4 19-8037/2 15352 4164-9723-2159.1 74 SECOND SUPPLEMENTAL INDENTURE THIS SECOND SUPPLEMENTAL INDEN TURE (thi s "Second Suppl emental Ind enture"), i s made and e nt ere d into as of October 1, 20 19, by and among the HUNTINGT ON BEACH PUBLIC FINANCING AUTHORITY, a joint exercise of powers entity organized and ex isting under and by vi rtue of the l aws of the State of Cal ifo rnia (the "Authority"), the CITY OF HUNTINGTON BEACH, a municipal corporati on and ch ar ter ci ty duly or gan ize d and existing under and by virtue of the Co n stitution a nd laws of the State of Ca l ifo rn ia and its Cha rter (the "City"), and THE BANK OF NEW YORK MELLON TRU ST COMPANY, N .A., a n ati onal ba nking association duly organi zed and ex isting under and by vi1iue of the laws of the United States of Am eri ca (the "Trustee"). WIT NE S S ETH: WHEREAS, in order to finance and refinan ce various capital improvement projects (co ll ecti vely, th e "Proj ects"), the City l ease d certain real p ro p erty owned by the City, including the improve ments ther eto, known as the Civic Center (collectively, the "Prope1iy"), to the Authority pursuant to a Site Lease, dated as of September 1, 201 1, by and between the City an d the Authori ty, as amend ed and s upplemented by the First Amendment to Site Lease, dated as of November 1, 2014, by and between the City and the Authority, and subleased the Property back from the Authority pursu ant to a Lease Agreement, dated as of September 1, 201 1, by and b etween the Ci ty and the Authority, as amended and s upplemented by the First Amendment to Lease Agreement, dated as of November l , 2014, by and between th e City and the Authori ty (co ll ectively, the "Lease Agreement"); and WHEREAS, the Ci ty and the Au tho rity determined that it woul d b e in the best interests of the City and the Authority to provide the funds necessary to finance and r efinance the Proj ects through the issuance b y the Authority of (i) the Huntington Beach Public Financing Auth or ity (Orange County, Cali forn ia) Le ase Revenue Refunding Bonds, 20 11 Series A (Capital Impro ve ment Refinancing Project) (the "S eri es 201 lA Bonds"), and (ii) the Huntington Beach Public Financing A uth ority (Orange County, Ca li fornia) Lease Reve nue Bond s, 20 14 Seri es A (Senior Center Project) (the "Series 2014A Bonds" and together wi th the Series 20 1 lA Bonds, the "Bond s"), pursuant to a n Indenture, dated as of September 1, 201 1, by and among the Authority, the City and the Trustee, as a mended and s upplemented by the Fi r st Supplemental Inde nture, elated as of Novemb er 1, 20 14 , by and among the Authority, the City an d the Trustee (collectively, the "Indenture"), payable from the base renta l paym ents (th e "Base Rental Payments") to be made by the City under the Lease Ag reement and th e other assets pledged therefor under the Indenture; and · WHEREAS, all ri ghts to rec e ive such Base Rental Payments were assigned without r eco urs e by the Authority to the Trustee pursuant to th e Indenture; and WHEREAS, in consideration of such assignment a nd the execution of the Ind enture, the A uthori ty issu ed the Bonds (capitalized undefined term s used in these recitals shall have the meanings ascribed thereto in the Indenture); and WHEREAS, the Indentme provides that, subj ect to the conditions set fmih therein, the In denture and the rights and obligations of the Authority, the City, t he Trustee and the Owners 19-8037/2 15352 4 164 -9723-2159. l 75 under the Indenture may be modified or amended from tim e to t ime an d at any time by a Suppleme ntal Ind enture, which the Authority, th e City and the T ru stee may enter into w ithout the consent of a ny Owners fo r any reason not otherwise provided for in the Indenture, provided such amendment or supplement does not adversely affect the rights or interests of the Owners ; and WHEREAS, a portion of the proceeds .of th e Series 2 01 4A Bonds remains unspent and the City and the A u thority h ave determined that it would be in the bes t interests of the Ci ty and the A uthority to a mend the Indent ure to expand th e Projects funded w ith the Series 2014A Bonds to i nclude the Police Building Modernization Project to be completed for the Poli ce Department building at the Civic Center and any other capital improvement projects the City deems a priority (collecti vely, the "Expanded Projects"); and WHEREAS, the City a nd the Authority have determined· that s uch an amendment to the Indenture would not adversely affect th e rights or interests of th e Owners under the Indenture; and WHEREAS, in order to acco mpli s h the amendme nt of the Indenture to expand the Projects to include the Expanded Projects, the T rustee, the Authority an d the City are entering into this Second Suppl em ental Indenture; and WHEREAS, all acts, conditions and things r equired by law to exi st, to have happened and to have been performed precedent to and in connection with the execut ion and entering into of thi s Second Supplemental Inde nture do exi st, have happened and have been p erformed in regul ar and due time, form and manner as required by la w, and the parties hereto are now du ly authorized to execute and enter into this Second Supplemental Indenture; NOW, THEREFORE, in consideration of the premises and of the mutua l agreements and coven ants contained herein and fo r other val uab le consi deration, the pru.iies do he re by agree as follows : PARTl P ARTICULAR AMENDMENTS Part 1.1. Amendments to Section 1.01. Section 1.01 of the Indenture is h ereby amended by modifying the fo ll owin g term: "Series 2014A Project" means (i) the capital improvement project described in rec ital clauses to the First Supplemental Indenture, (ii) the capital improvement project constitutin g the City's Police Building Modernization Project to be completed for th e Police Department b uil d ing at the Civic Center, and (i ii) any other capita l improvement proj ect the City .deem s a priority. 19-8037/215352 4164 -9723-2159.1 PART2 MISCELLANEOUS 2 76 Part 2.1. Effect of Second s ·upplcmental Indenture. This Second Supplemental Indenture and all of the terms and provisions herein contained shall form part of the Indenture as fully and with the same effect as if all such terms and provisions had been set forth in the Indenture. The Indenture is hereby ratified and confirmed and shall continue in full force and effect in accordance with the terms and provisions thereof, as heretofore amended and supplemented, and as amended and supplemented here by. If there shall be any conflict between the terms of this Second Supplemental Indenture and the terms of the Indenture (as in effect on the day prior to the effective date of this Second Supplemental Indenture), the terms of this Second Supplemental Indenture shall prevail. Part 2.2. Execution in Counterpart~. This Second Supplemental Indenture may be executed in several counterparts, each of which shall be deemed an original, and all of which shall constitute but one and the same instrument. Part 2.3. Governing Law. This Second Supplemental Indenture shall be construed and governed in accordance with th e laws of the State of California. Part 2.4. Effective Date. This Second Supplemental Indenture shall become effective immediately upon the execution hereof. 19-8037/2 15352 4164-9723-2159.1 3 77 IN WITNESS WHEREOF, the parties hereto have executed this Second Supplemental Indenture by their officers thereunto duly authorized as of the day and year first written above. 19 -8037/2 15352 4 164 -9723-2 159.1 4 THE BANK OF NEW YORK MELLON TRUST COMPANY, N.A., as Trustee Authorized Officer HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Erik Peterson, Chair of the Board of Directors CITY OF HUNTINGTON BEACH Chuck Adams, Interim Chief Financial Officer 78 City of Huntington Beach File #:19-1000 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of an Agreement for sharing consultant costs for the 2019 America’s Water Infrastructure Act’s Compliance Risk and Resiliency Assessments and Emergency Response Plans (Phases II and III) with the Municipal Water District of Orange County (MWDOC) Statement of Issue: Submitted for City Council approval is an agreement to share consultant costs for the 2019 America’s Water Infrastructure Act (AWIA) Compliance Risk and Resiliency Assessments (RRA) and Emergency Response Plans (ERP). Completion of the RRA and the ERP is a Federal mandate. Financial Impact: Expenditure appropriations totaling $115,000 are budgeted in Water Fund account 50685801.69365 for this project. Recommended Action: Approve and authorize the City Manager to execute the “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC). Alternative Action(s): Instruct staff to hire a consultant independent of MWDOC. Analysis: Section 2013 of AWIA requires community water systems that serve more than 3,300 people to complete a risk and resiliency assessment (RRA) and develop an emergency response plan (ERP). The RRA is due March 31, 2020, and the ERP is due September 30, 2020. Risk and Resiliency Assessment City of Huntington Beach Printed on 10/16/2019Page 1 of 3 powered by Legistar™79 File #:19-1000 MEETING DATE:10/21/2019 Per AWIA, the RRA shall include: 1. The risk to the system from malevolent acts and natural hazards; 2. The resilience of the pipes and constructed conveyances, physical barriers, source water, water collection and intake, pretreatment, treatment, storage and distribution facilities, electronic, computer, or other automated systems (including the security of such systems) which are utilized by the system; 3. The monitoring practices of the system; 4. The financial infrastructure of the system; 5. The use, storage or handling of various chemicals by the system; and 6. The operation and maintenance of the system. Essentially, this expands on the Vulnerability Assessment that all water systems were required to perform in 2002. However, this Assessment includes an assessment of potential natural hazards, cyber threats, and the financial infrastructure. Emergency Response Plan No later than six months after certifying completion of its risk and resilience assessment, each system must prepare or revise, where necessary, an emergency response plan that incorporates the findings of the assessment. The plan shall include: 1. Strategies and resources to improve the resilience of the system, including the physical security and cybersecurity of the system; 2. Plans and procedures that can be implemented, and identification of equipment that can be utilized, in the event of a malevolent act or natural hazard that threatens the ability of the community water system to deliver safe drinking water; 3. Actions, procedures and equipment which can obviate or significantly lessen the impact of a malevolent act or natural hazard on the public health and the safety and supply of drinking water provided to communities and individuals, including the development of alternative source water options, relocation of water intakes and construction of flood protection barriers; and 4. Strategies that can be used to aid in the detection of malevolent acts or natural hazards that threaten the security or resilience of the system. As many of these requirements are similar, if not identical for many of the water agencies in Orange County, MWDOC has retained a consultant, Herndon Solutions Group (HSG) to prepare the RRA and ERP for member agencies who choose to participate. HSG was selected via a Request for Proposal process by MWDOC with member agencies contributing to both the development of the RFP as well as the selection process. A majority of MWDOC member agencies have agreed to participate with the MWDOC effort. The City’s $115,000 costs are based on the MWDOC consultant contract divided by the number of agencies participating in the project. Per MWDOC, 23 out of 25 agencies have indicated their intention to participate and are in the process of receiving approval from their respective governing bodies. Partnering with MWDOC will allow the City to benefit from the economy of scale under such common City of Huntington Beach Printed on 10/16/2019Page 2 of 3 powered by Legistar™80 File #:19-1000 MEETING DATE:10/21/2019 requirements rather than bearing these costs entirely by hiring our own consultant. Additionally, with the tight deadline imposed by the EPA on larger water systems to complete the RRA, it would be difficult to retain our own consultant and meet this deadline. Failure to submit either assessment by the deadline could result in a penalty of up to $25,000 per day. At this time, the EPA has still not finalized all details of the requirements in the RRA, but they have indicated that the March 31, 2020 deadline will not be extended. It should be noted that the RRA and ERP will contain sensitive information about the City’s Water Infrastructure and therefore, the final assessment will neither be considered in an open City Council session nor will it be submitted to the State Water Resources Board or any other public agency where the document would be subject to the Freedom of Information Act. Environmental Status: Not Applicable Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1. “Agreement for Sharing Consultant Costs for 2019 AWIA Compliance Risk and Resiliency Assessments and Emergency Response Plans for Participating Agencies (Phases II and III)” with the Municipal Water District of Orange County (MWDOC) City of Huntington Beach Printed on 10/16/2019Page 3 of 3 powered by Legistar™81 FINAL 9-11-19 AGREEMENT FOR SHARING CONSULTANT COSTS FOR 2019 AWIA COMPLIANCE RISK AND RESILIENCY ASSESSMENTS AND EMERGENCY RESPONSE PLANS FOR PARTICIPATING AGENCIES (PHASES II AND Ill) THIS AGREEMENT is made and entered into as of October 2019, by and between: 1 . Irvine Ranch Water District 2. City of Santa Ana 3. South Coast Water District 4. City of Huntington Beach 5. City of Garden Grove 6. Moulton Niguel Water District 7. Santa Margarita Water District 8. City of Fullerton 9. City of Orange 10. East Orange County Water District 11. City of San Juan Capistrano 12. City of Westminster 13. City of Buena Park 14. Yorba Linda Water District 15. City of Tustin 16. City of Newport Beach 17. City of La Habra 18. City of Fountain Valley 19. City of San Clemente 20. El Toro Water District 21. City of Brea 22. City of Seal Beach 23. Trabuco Canyon Water District 24. Serrano Water District, (collectively "Participating Agencies" and individually "Participating Agency") and the Municipal Water District of Orange County ("MWDOC"). The Participating Agencies and MWDOC are also collectively referred to as "Parties." RECITALS WHEREAS, per Section 2013 of Title II, America's Water Infrastructure Act ("AWIA"), utilities are required to design and complete an AWIA Compliance Crosswalk; conduct a Risk and Resilience Assessment ("RRAs") for their agency; and develop or update an Emergency Response Plan ("ERP"); and WHEREAS, each Participating Agency has the responsibility under AWIA to conduct a RRA and prepare an ERP for its respective agency; and 1 82 FINAL 9-11-19 WHEREAS, the Participating Agencies share many water supply characteristics, including water sources, regional water management agencies, location, climate history, and demographics; and WHEREAS, the Participating Agencies and MWDOC desire to cooperate with each other to obtain economies of scale and thereby reduce preparation costs for each of the Participating Agencies in conducting RRAs and subsequently preparing or updating an ERP in response to AWlA requirements; and WHEREAS, MWDOC and the Participating Agencies have jointly prepared and agreed to a Scope of Work that was incorporated into a Request for Proposals for AWlA Compliance Crosswalks, Risk and Resilience Assessments, and Emergency Response Plans for Orange County Water Utilities, issued Wednesday, May 15, 2019 ("RFP") and HSG, LLC, dba Herndon Solutions Group ("HSG" or "Consultant") was chosen as the successful consultant to prepare each Participating Agency's AWIA Compliance Crosswalk, RRA and ERP; and WHEREAS, Consultant has been retained for three separate and distinct phases of work under the RFP; Phase I, Design and Completion of AWIA Cornpliance Crosswalks for each of the Participating Agencies; Phase II, conducting RRAs based on AWIA requirements, the Participating Agency's Specific AWIA Compliance Crosswalk and other rnaterials provided by Participating Agencies; and Phase Ill, updating or creating an ERP for each of the Participating Agencies based on AWIA requirements, the Agency's current ERP, the Agency Specific AWIA Compliance Crosswalk, the Agency Specific RRA, and other materials provided by Participating Agencies; and WHEREAS, Phase I is in the process of being completed under a separate arrangement for MWDOC and Participating Agencies, and the scope of work for Phases II and Ill will be finalized based on the results of Phase I and execution of this Agreement; and WHEREAS, MWDOC and its staff are willing to coordinate this process, including the preparation and administration of a professional services agreement with the selected consultant; and the administration of the cost sharing provisions of this Agreement; NOW, THEREFORE, in consideration of the payment of money as set forth below and the mutual promises of the Parties hereto, it is agreed: 1. Engagement of Consultant and Administration of Consultant Agreement MWDOC has executed a professional services agreement for the work identified in the response to the Request for Proposals by HSG for purposes of Phases I, II and Ill of the RFP ("Consultant Agreement"), and this Agreement is necessary to budget the scope of services for each Participating Agency for Phases II and Ill along with other MWDOC costs, attached as Exhibit A. MWDOC has amended its standard professional services agreement form for the Consultant Agreement and required appropriate types and limits of insurance coverage. Each CGL policy shall identify MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers as additional insureds, or be endorsed to identify these parties as additional insureds using a form acceptable to MWDOC. The Consultant Agreement requires the consultant's insurer(s) to waive all 2 83 FINAL 9-11-19 rights of subrogation against MWDOC, the Participating Agencies, and their directors, officers, agents, employees, attorneys, consultants and volunteers. The Consultant Agreement requires Consultant to ensure that its sub-consultants, if any, provide similar insurance coverage. 1.2 MW DOC shall coordinate all aspects of the proposed work with Consultant and communicate with each Participating Agency, regularly and upon request of the Participating Agency, regarding the status and substance of Phases II and Ill; 1.3 MWDOC shall make payments to the Consultant for progress payments as work proceeds. MWDOC shall withhold 10% of each progress payment to Consultant in a retention fund until such time as every Participating Agency has notified MWDOC that it is satisfied with the final RRAs and ERPs prepared for it by Consultant. 1 A Each Participating Agency shall provide all documents, information and assistance requested by Consultant during the performance of the Consultant Agreement. 1.5 The City of San Juan Capistrano agrees to add MWDOC as an additional protected party, pending approval by the City's insurance provider, the California Joint Powers Insurance Authority. 2. Cost Sharing by Participating Agencies. 2.1 MWDOC shall: 2.1.1 Collect from each Participating Agency upon execution of this Agreement or at other times as agreed upon between MWDOC and Participating Agency amounts that will total the full amount of the portion of the total cost allocated to that Participating Agency based on the Consultant's proposal and other MWDOC costs for Phases II and Ill, as attached in Exhibit A. The column labeled "Agency Estimated Total Phases 2 & 3 w/ Contingency" in Exhibit A includes, and each participating Agency agrees to, a 10% contingency which· allows for minor variations in the cost of work as noted in Section 2.2.3 or for additional work that may be added by a Participating Agency per Section 2.2.2); 2.1.2 Inform each Participating Agency of any proposed extra work under the Consultant Agreement that relates to preparation of that Participating Agency's final RRAs and ERPs for Phases II and Ill and that would result in an increase in that Participating Agency's payment under this Agreement. MWDOC and the affected Participating Agency must both approve such extra work before MWDOC will notify Consultant to proceed with the work. 2.1.3 Be responsible for making progress payments directly to Consultant from funds paid to MWDOC by Participating Agencies (see section 1.3). 3 84 FINAL 9-11 ·19 2.1.4 Prepare a final accounting and either distribute any remaining funds collected from the Participating Agencies back to the Participating Agencies or issue a final bill to Participating Agencies where there are funds due. 2.2 Each Participating Agency shall: 2.2.1 Pay to MWDOC upon execution of this Agreement or at other times as agreed upon between MWOOC and Participating Agency amounts that will total to the full amount of the portion of the total cost allocated to that Participating Agency in the selected contractor's proposal plus other MWDOC costs, as attached in Exhibit A; 2.2.2 Pay to MWDOC, upon prior written approval of any extra work under the Consultant Agreement that relates to preparation of its final RRAs and ERPs for Phases II and Ill, the full amount owed for the approved work. Each Participating Agency shall bear all costs associated with extra work it approves. 2.2.3 Note that as Participating Agencies decide to participate or not to participate in Phases II and Ill, the cost sharing of costs among the Participating Agencies for the Consultant and MWDOC's costs will vary somewhat from agency to agency. Information relative to adjustments in costs among Participating Agencies shall be shared on a periodic basis as decisions are being made by the various Participating Agencies. Also, because the timing of completion of the RRA and ERP vary among agencies, it is allowable to schedule the payment of an invoice for those smaller agencies desiring to pay their deposit out of next year's budget. 3. Accounting Upon request of any Participating Agency, MWDOC will provide copies of the selected Consultant's invoices and MWDOC's payment records. 4. Independent Contractor Any consultant engaged by MWDOC on behalf of the Participating Agencies as contemplated in this Agreement will not be a party to this Agreement and will not be an employee or agent of MWDOC or any of the Participating Agencies, either as a result of this Agreement or as a result of a professional services agreement between MWDOC and the consultant. Any consultant engaged as contemplated in this Agreement will be an independent contractor to MWDOC. 5. Warranty, Indemnification and Defense MWDOC shall use its best efforts in administering the Consultant Agreement, but makes no representations, guarantees or warranties to the Participating Agencies as to the quality or timeliness of work product provided by Consultant pursuant to the Consultant Agreement. The Participating Agencies, and each of them, shall indemnify MWDOC, its directors, officers, employees and agents against, and will hold and save them harmless from, any and all actions, claims, penalties, 4 85 FINAL 9-11-19 obligations or liabilities, in law or in equity, of every kind or nature whatsoever, that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of or in any manner directly or indirectly connected with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA. As between the Participating Agencies, any costs associated with the indemnity and defense obligations set forth in the previous two sentences shall be the financial responsibility of each Participating Agency based on the same pro rata basis as the allocation of costs set forth in Section 2.1.1 herein and Exhibit A hereto. In the event MWDOC, its directors, officers, employees and agents are made a party to any action or proceeding filed in connection with a challenge to any work prepared pursuant to the Consultant Agreement in connection with any RRA, ERP, and/or any other work contemplated by this Consultant Agreement subject to AWIA, the Participating Agency whose RRA, ERP or AWIA-related work is challenged shall provide a complete defense to MWDOC, its directors, officers, employees and agents and shall reimburse MWDOC for all costs and expenses incurred as a result of the action or proceeding, including reasonable attorney's fees. 6. Notice If to: Any notice or communication required to be given under this Agreement shall be in writing and effective when deposited, first class postage prepaid, with the United States Postal Service addressed to the contracting Parties as follows: Notices to Parties Municipal Water District of Robert J. Hunter, General Manager Orange County Municipal Water District of Orange County 18700 Ward St. P.O. Box 20895 Fountain Valley, CA 92728 1. Irvine Ranch Water District Paul Cook, General Manager Irvine Ranch Water District 15600 Sand Canyon Avenue Irvine, CA 92618 2. City of Santa Ana Kristine Ridge, City Manager City of Santa Ana P.O. Box 1988, M-24 Santa Ana, CA 92702 5 86 FINAL 9-11-19 3. South Coast Water District Rick Shintaku, General Manager South Coast Water District 31592 West Street Laguna Beach, CA 92651 4. City of Huntington Beach Oliver Chi, City Manager City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 5. City of Garden Grove Scott Stiles, City Manager City of Garden Grove P.O. Box 3070 Garden Grove, CA 92842 6. Moulton Niguel Water District Joone Lopez, General Manager Moulton Niguel Water District 27500 La Paz Road P.O. Box 30203 Laguna Niguel, CA 92607-0203 7. Santa Margarita Water District Dan Ferons, General Manager Santa Margarita Water District P.O. Box 7005 Mission Viejo, CA 92690 8. City of Fullerton Ken Domer, City Manager City of Fullerton 303 W. Commonwealth Avenue Fullerton, CA 92832 9. City of Orange Rick Otto, City Manager City of Orange 300 E. Chapman Ave Orange, CA 92866 10. East Orange County Water District Lisa Ohlund, General Manager East Orange County Water District 185 N. McPherson Rd. Orange, CA 92869 11. City of San Juan Capistrano Benjamin Siegel, City Manager City of San Juan Capistrano 32400 Paseo Adelanto San Juan Capistrano, CA 92675 6 87 FINAL 9-11 ·19 12. City of Westminster Eddie Manfra, City Manager City of Westminster 8200 Westminster Blvd. Westminster, CA 92683 13. City of Buena Park Jim Vanderpool, City Manager City of Buena Park 6650 Beach Blvd. Buena Park, CA 90622 14. Yorba Linda Water District Marc Marcantonio, General Manager Yorba Linda Water District 1717 E. Miraloma Ave. Placentia, CA 92870 15. City of Tustin Matthew West, City Manager City of Tustin 300 Centennial Way Tustin, CA 92780 16. City of Newport Beach Grace Leung, City Manager City of Newport Beach P.O. Box 1768 Newport Beach, CA 92663 17. City of La Habra Jim Sadro, City Manager City of La Habra P.O. Box 337 La Habra, CA 90633-0337 18. City of Fountain Valley Rob Houston, City Manager City of Fountain Valley 10200 Slater Ave. Fountain Valley, CA 92708 19. City of San Clemente James Makshanoff, City Manager City of San Clemente 100 Avenida Presidio San Clemente, CA 92672 20. El Toro Water District Dennis Cafferty, General Manager El Toro Water District P.O. Box 4000 Laguna Hills, CA 92654 7 88 FINAL 9-11-19 21. City of Brea Bill Gallardo, City Manager City of Brea 1 Civic Center Circle Brea, CA g2821 22. City of Seal Beach Jill Ingram, City Manager City of Seal Beach 211 81h Street Seal Beach, CA go740 23. Trabuco Canyon WO Michael Perea, General Manager T rabuco Canyon Water District 32003 Dove Canyon Drive Trabuco Canyon, CA 92679 24. Serrano Water District Jerry Vilander, General Manager Serrano Water District 18021 Lincoln Street Villa Park, CA 92861-6446 7. Jurisdiction and Venue In all matters concerning the validity, interpretation, performance, or effect of this Agreement, the laws of the State of California shall govern and be applicable. The Parties hereby agree and consent to the exclusive jurisdiction of the courts of the State of California and that venue of any action brought hereunder shall be in Orange County, California. 8. Counterparts and Facsimile This Agreement may be executed by the Parties· in counterparts, which counterparts shall be construed together and have the same effect as if all the Parties had executed the same instrument. Counterpart signatures may be transmitted by facsimile, email, or other electronic means and have the same force and effect as if they were original signatures. All parties have participated in the drafting of this Agreement. 9. Severability If any provision of this Agreement shall be held illegal, invalid, or unenforceable, in whole or in part, the legality, validity, and enforceability of the remaining provisions shall not be affected thereby. 8 89 10. Term FINAL 9-11-19 This Agreement shall commence upon the date of the earliest execution by any Participating Agency below and shall extend thereafter through the completion of all work product generated by the Consultant and delivered to MWDOC and to each Participating Agency. The scheduled completion date by the Consultant is November 21, 2021. MWDOC shall issue a Notice of Completion to all Participating Agencies upon close-out of the Consultant Agreement. Notwithstanding anything to the contrary in this Section 10, this Agreement may be terminated earlier by MWDOC in its discretion upon or after termination of the Consultant Agreement. 11. Entire Agreement This Agreement contains the entire agreement of the Parties relating to the subject matter hereof; and the Parties have made no agreements, representations, or warranties, either written or oral, relating to the subject matter hereof that are not set forth herein. Except as provided herein, this Agreement may not be modified or altered without prior written approval from both parties. IN WITNESS WHEREOF, the Parties have hereunto affixed their names as of the day and year !hereinafter written, which shall be and is the effective date of this Agreement. Execution of Agreement by Parties Municipal Water District of Orange County Date: By: Robert J. Hunter, General Manager Municipal Water District of Orange County Approved as to Form: Date: By: Joseph Byrne General Counsel 9 90 1. Irvine Ranch Water District FINAL 9-11-19 Date:----------- By: __________ ~ Paul Cook, General Manager Irvine Ranch Water District Approved as to Form: Date: ----------- By:------,-----~ General Counsel 10 91 2. City of Santa Ana FINAL 9-11-19 By: ___________ _ Kristine Ridge, City Manager City of Santa Ana Approved as to Form: Date:----------- By:..,.,..---------~ City Attorney 11 92 3. South Coast Water District FINAL 9-11-19 By:~~~~~~~~~~~~ Rick Shintaku, General Manager South Coast Water District Approved as to Form: By:~~-,-,-~~~~~~~~ Arthur Kidman General Counsel 12 93 4. City of Huntington Beach FINAL 9-11 ·19 By:~---------~ Oliver Chi, City Manager City of Huntington Beach Approved as to Form: Date:---------- By:~---------~ City Attorney /'JN' 13 94 5. City of Garden Grove FINAL 9-11-19 By:--.,.--------~ Scott Stiles, City Manager City of Garden Grove Approved as to Form: Date:----------- By: ___________ _ City Attorney 14 95 6. Moulton Niguel Water District FINAL 9-11-19 Date:----------- By: ___________ _ Joane Lopez, General Manager Moulton Niguel Water District Approved as to Form: Date: ----------- By: ___________ _ General Counsel 15 96 7. Santa Margarita Water District FINAL 9-11·19 Date:----------- By: __________ ~ Dan Ferons, General Manager Santa Margarita Water District Approved as to Form: Date:----------- By:---------- General Counsel 16 97 FINAL 9-11-19 8. City of Fullerton By: ,-,--------:-,---:-,------Ken Domer, City Manager City of Fullerton Approved as to Form: Date:----------- By:----------- City Attorney 17 98 9. City of Orange By: FINAL 9-11-19 ~~~~~~~~~~~~ Rick Otto, City Manager City of Orange Approved as to Form: By: 18 .,--~-c-c-~~~~~~~~~ Gary Sheatz City Attorney 99 FINAL 9-11-19 10. East Orange County Water District Date:----------- By: __________ ~ Lisa Ohlund, General Manager East Orange County Water District Approved as to Form: Date:----------- By:---------- General Counsel 19 100 11. City of San Juan Capistrano FINAL 9-11-19 By: __________ ~ Benjamin Siegel, City Manager City of San Juan Capistrano Approved as to Form: Date:----------- By: ------------City Attorney 20 101 12. City of Westminster FINAL 9-11-19 Dale:----------- By: ___________ ~ Eddie Manfra, City Manager City of Westminster Approved as to Form: Date: ----------- By: __________ ~ City Attorney 21 102 13. City of Buena Park FINAL 9·11·19 Date:----------- By: __________ ~ Jim Vanderpool, City Manager City of Buena Park Approved as to Form: Date:----------- By: __________ ~ City Attorney 22 103 14. Yorba Linda Water District FINAL 9-11-19 Date:----------- By:----------:---,--- Marc Marcantonio, General Manager Yorba Linda Water District Approved as to Form: Date:----------- By: __________ ~ Arthur Kidman General Counsel 23 104 15. City of Tustin FINAL 9-11-19 By:~~~~~~~~~~~ Matthew West, City Manager City of Tustin Approved as to Form: By:~~~~~~~~~~~~ City Attorney 24 105 FINAL 9-11-19 16. City of Newport Beach Date:----------- By: -,,----,-----,-,---.,.-.,------ Grace Leung, City Manager City of Newport Beach Approved as to Form: Date:----------- By: ------------City Attorney 25 106 17. City of La Habra FINAL 9-11-19 Date:----------- By: __________ ~ Jim Sadro, City Manager City of La Habra Approved as to Form: Date: ----------- By: __________ ~ City Attorney 26 107 18. City of Fountain Valley FINAL 9-11-19 By:~~~~~~~~~~~ Mayor, Steve Nagel City of Fountain Valley Approved as to Form: By:~~~~~~~~~~~ Attorney for the City, Colin Burns 27 108 19. City of San Clemente FINAL 9-11-19 By: __ ~~~~~~-~~ James Makshanoff, City Manager City of San Clemente Approved as to Form: Date:----------- By: ___________ ~ City Attorney 28 109 20. El Toro Water District FINAL 9-11-19 By:~~~~~~~~~~~~ Dennis Cafferty, General Manager El Toro Water District Approved as to .Form: By:.,-,,-~~~~~~~~~~ Gil Granito General Counsel 29 110 21. City of Brea FINAL 9-11-19 Date:---------- By: __________ ~ Bill Gallardo, City Manager City of Brea Approved as to Form: Date:---------- By: __________ ~ City Attorney 30 111 22. City of Seal Beach FINAL 9-11-19 By: __________ ~ Jill Ingram, City Manager City of Seal Beach Approved as to Form: Date:----------- By:-,--,---------~ City Attorney 31 112 23. Trabuco Canyon Water District FINAL 9-11-19 By:--,---------,---~ Michael Perea, General Manager Trabuco Canyon Water District Approved as to Form: Date: __________ _ By: ___________ _ General Counsel 32 113 24. Serrano Water District FINAL 9-11-19 By:~~~~~~~~~~~~ Jerry Vilander, General Manager Serrano Water District Approved as to Form: By:.,---,-~~~~~~~~~ Joel Kuperberg General Counsel 33 114 Orange County Potable Water Jurisdictions COSTS Municipal Water District of Orange County Irvine Ranch Water District Santa Ana, City of South Coast Water District Huntington Beach, City of Garden Grove, City of Moulton Niguel Water District*** Santa Margarita Water District Fullerton, City of Orange, City of Mesa Water District East Orange County Water District**• San Juan Capistrano, City of•* Westminster, City of Buena Park, City of Yorba Linda Water District***" Tustin, City of Newport Beach, City of••• La Habra,Cityof Fountain Valley, City of San Clemente, City of El Toro Water District Brea, City of Seal Beach, City of Laguna Beach County Water District La Palma, City of Trabuco Canyon Water District Serrano Water District . i ExtiibltA AWIA Scope of Services Selection Population 2,300,000 412,933 338,247 257,386 201,000 174,226 171,856 159,104 140,392 140,094 110,000 100;000 34,593 93,179 83,347 80,067 68,088 66,800 63,118 59,227 51,522 49,054 43,328 25,561 23,000 15,948 12,712 6,641 AWIARRA Deadline 12/31/2020 12/31/2020 12/31/2020 12/31/2020 6/30/2021 6/30/2021 6/30/2021 6/30/2021 Phase 1 Crosswalk Under Separate Invoicing Phase 2 Risk Phase 3 Emergency Response Plans Agency Estimated and Resilience r----,..---,-----1 Total Phases Assessment Low Medium High 34 1,2&3 $131,953 $113,668 $160,610 $131,953 $131,953 $160,610 $160,610 $113,668 $160,610 $131,953 $0 $160,610 $160,610 $113,668 $160,610 $160,610 $160,610 $113,668 $160,610 $160,610 $0 ,,, $0 $160,610 $160,610 J\ti~riti;> .=:: EStiriT~t-ecf.::· ft.t.1 Phas..S i.&3iiJt . ¢b~jj=ng~~~\;:: $116,748 .$145;405' ·.·· .. $i45;405 i $145;405 . $98,463 ,, <S1i6;14ir s1i6;14ii.' $145,405' 115 City of Huntington Beach File #:19-1008 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:David A. Segura, Fire Chief Subject: Approve and authorize execution of a three-year Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC in the amount of $1,080,000 to provide billing services for emergency paramedic and ambulance services; and, increase the Fire Department’s Professional Services authority accordingly Statement of Issue: The Fire Department is requesting approval of a three-year professional services contract with Wittman Enterprises, LLC in the amount of $1,080,000 for billing services for emergency paramedic and ambulance service. The professional services authority for Wittman Enterprise, LLC is also requested to be increased by a commensurate amount. Financial Impact: Sufficient funds are included in FY 2019/20 budget (10065401). Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a “Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service” in an amount not to exceed $1,080,000 over a three- year period; and, B) Increase the Fire Department’s professional services authority accordingly by the commensurate amount to ensure compliance with Administrative Regulation No. 228. Alternative Action(s): Do not approve the contract and direct staff accordingly. Analysis: The City of Huntington Beach Fire Department requires a professional and competent billing service related to emergency paramedic and ambulance services. These services are currently provided under an October 4, 2015, professional services agreement with Wittman Enterprises, LLC, which is City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™116 File #:19-1008 MEETING DATE:10/21/2019 now on a month-to-month agreement. Wittman Enterprises, LLC currently charges 4.75% of collected revenues. On July 26, 2019, a request for proposals (RFP) was issued to solicit proposals from qualified vendors. The following three vendors responded to the RFP: ·Wittman Enterprises, LLC ·R1-Advanced Data Processing ·EMS Management & Consultants Each proposal was reviewed and scored by a panel comprised of staff from Finance, Accounting Services, and Public Works based on the criteria outlined in the RFP. Consideration in the evaluation of submittals included the ability to best provide services, meeting the components of the RFP, and comparable experience with customers similar to Huntington Beach in Orange County. After evaluating the proposals, one vendor was disqualified for not meeting the minimum RFP requirements. Of the two that met requirements, the panel concluded that Wittman Enterprises, LLC best demonstrated the ability to provide the services specified in the RFP. Additionally, Wittman Enterprises, LLC has provided consistent and quality billing services to the City, and they reduced their fee from 4.75% to 3.9% of collected revenues. Wittman Enterprises, LLC has over 28 years experience in emergency paramedic and ambulance billing and serves more than 90 public agencies in California. They have a depth of experience with the Orange County EMS System and a strong knowledge of local insurance payers and California regulations in this area. The contractual billing fee is based on all revenue for billing services. Environmental Status: None. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1. Professional Services Contract between the City of Huntington Beach and Wittman Enterprises, LLC City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™117 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERV ICE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY ," and WITTMAN ENTERPRISES, LLC, a Limited Liability Corporation hereinafter referred to as "CONS ULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide billing services for emergency paramedic and ambulance services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selec ted to perfo1m these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows : 1. SCOPE OF SERVICES CONSULT ANT shall provide all serv ices as described in Exhibit ''A, 11 which is attached hereto and incorporated into this Agreement by this reference . These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates Corinne Wittman-Wong who shall represent it and be its so le contact and agent in all consultations with CITY during the performance of this Agreement. 19-80 11 /2 151 14 agree/ surfnet/professiona l svcs mayor 5/19-204082 I of 12 118 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on October 2 1, 2019 (the 11 Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein . All tasks specified in Exhibit t1 A ti shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This .schedule may be amended to benefit the PROJECT if mutually agreed to in writing by C ITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consid eration of the performance of the services described herein , CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specifi ed in Exhibit "B, t1 which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed One Million Eighty Thousand Dollars ($1,080,000). 5 . EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULT ANT will undertake s uch work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 19-8011/2 15114 agree/ surfnet/professionul svcs mayor 5/ 19-204082 2of12 119 6. METHOD OF PAYMENT CONSULT ANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all mate rials prepared hereunder, including, without limitation, all original dra wings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents , shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These material s may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend, indemnify and hold harml ess CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages , lo sses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent (or alleged negligent) perfo1mance ofthis Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such l oss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. 19-80111215114 agree/ surfn et/professional svcs mayor 5/19-204082 3of12 120 B. To the extent that CONSULTANT performs "Design Professional Services" within the meanin g of Civil Code Section 2782.8, then the following Hol d Harmle ss provision applies in p lac e of subsection A above: "CONSULT ANT hereby agrees to protect, defend, indemnify and ho ld h armless CITY and its officers, e lected or appointed official s, employees, agents and vo lunteers, from and ag ainst any and all claims, damages, losses, expenses, demands and defense costs (incl uding, without limitation, costs and fee s of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pe1tain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT . In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and /or litigation is unable to pay it s share of defense costs due to bankruptcy or dissolution of the bu siness, CONSULT ANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify , including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardle ss of whether subparagraph A or B appli es, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fee s incurred by CITY in enfo rcing this obligation. This indemni ty shall apply to all claims and liabi lity regardless of whether any insurance policies are app licab le. The policy limits do not act as a limitation upon th e amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a profes sional liability insurance po licy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liabil ity in an amount not less than One Million Dollars 19-80 111215114 agree/ surfnet/profess ional svcs mayor 5/19-204082 4of12 121 ($1,000,000.00) per occunence and in the aggregate. The above-mentioned insurance shall not contain a self-insured r etenti on without the express writte n consent of CITY; however an insurance policy "d eductible" of Ten T hou sand Dollars ($10,000.00) or l ess is permitted. A claims-made policy s hall be acceptab le if the policy further provides that: A . The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or r ep lacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise t o future cl aims . CONSULTANT wi ll make every effort to maintain similar insurance during the require d extend e d period of coverage fo ll owing PROJECT completion. If insurance is terminated for any r eason , CONSULT ANT agrees to pur chase an extended r eporting provisi on of at least two (2) years to r epo1t claims arising from work performed in connection with thi s Agreement. If CONSULT ANT fails or refuses t o produce or maintain the insurance r equired by this secti on or fail s or refuses to furn i sh the CITY with required proof that insurance has been procured and i s in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith te1minate this Agreement. Such terminatio n shall n ot effect Co nsultant's r ight to be paid for its time and materials expended prior to notifi cation of terminati on . CONSULTANT waives the right to receive compensati on and agrees to indemnify the CITY for any wo rk per fo 1med prior to approval of in surance by th e CITY. 10. CERTIFICATE OF INSURANCE Prior to commen cing performance of the work h ereunder , CONSULTANT shall furni sh to CITY a certificate of in sm an ce subj ect to approval of the City Attorney evi dencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 19-801 1/2 151 14 agree/ surfnet/professional svcs m ayor 5/19-2 04082 5of 12 122 A. provide the name and policy number of each canier and policy; B. stat e that the policy is cunently in force; and C. shall promise that such policy shall not be suspended, voi ded or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation fo r nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for canying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a co py of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance h ereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULT ANT shall secure at its own cost and expense, and be responsible fo r any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection wi th the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT A ll work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall 19-8011 /2151 14 agree/ surfnet/professional svcs mayor 5/19-204082 6of12 123 be made in writing, noti ce of whi c h sh a ll b e deli vere d to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evi dence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it b y CONSULT ANT. 13 . ASSIGNMENT AND DELEGATION This Agreement is a personal service co ntract and the work hereunder shall not be assigned, dele gate d or s ubcontracted by CONSULT ANT to any other p er son or e ntity without the prior express written consent of CITY. If an ass ignment, delegation or subcontract i s approved, a ll approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. C OPYRIGHTS/PA TE NTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of thi s Agreement. 15. CITY EMPLOYEES AND OFFICIALS C ONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall h ave any financial interest in this Agreement in vio lati on of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other co mmunications hereunder shall be given e ither by personal de livery to CONSULTANT's agent (as designated in Section 1 h ereinab ove) or to CITY as the s ituation sha ll warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depo siting the sam e in the United States Postal Service, to the addresses specified below. CITY and C ONSULT ANT m ay designate diffe re nt addresses to which subsequent notices, certificates or 19-80 11 1215 11 4 agree/ surfnet/professional svcs mayor 5/19-204082 7of12 124 other communications will be sent by notifying the other p arty via personal de li very, a reputabl e overnight carrier or U. S. certified mail-retmn receipt requested: TO CITY: City of Huntington Beach A TIN: Fire Chief 2000 Main Street Huntington Beach, CA 92648 17 . CONSENT TO CONSULTANT: Wittman Enterpri ses, LLC ATIN: Corinne Wittman-Wong, CEO 11093 Sun Center Drive Rancho Cordova, CA 95670 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or ev ent. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unle ss in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference on ly and are not representative of matters incl uded or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provisio n of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all paiis of this Agreement shall in all cases be construed as a whole, according to its fair meaning , and not s trictly for or against an y of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining 19-80111215114 agree/ surfnet/professional svcs mayo r 5/19-204082 8of12 125 covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any ot her unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herei n and any prese nt or future statute, law, ordinance or regulation contrary to which the parties have no ri ght to contract, then the latter shall prev ail , and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 2 1. DUPLICATE ORIGINAL The original of thi s Agreement and one or more copies hereto have been prepared and sig ned in counterparts as duplicate originals, each of which so executed shall, inespective of the date of its executi on and delivery, be dee me d an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shal l be responsible fo r fu ll compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULT ANT and CITY ag ree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands ·that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for 19-80 11 12 15114 agree/ surfnet/profes sional svcs mayor 5/19-204082 9of12 126 CITY; and CITY shall not be liabl e for payment of any legal services expenses incurred by CONSULT ANT. 24. AITORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enfo rce the te1ms and/or provisions of this Agreement or to secure the performance hereof, each paiiy shall beai· its own attorney's fees, such that the prevailing paiiy shall not be entitled to r ecover its attorney's fee s from the nonprevailing paiiy. 25 . SURVIVAL Term s and conditions of this Agreement, which by their sense and context survive the expiration or termination ohhis Agreement, shall so survive. 26 . GOVERNING LAW This Agreement shall be governed and construed in acco rdance with the laws of the State of California. 27. SIGNATORIE S Each undersigned represents and wanants that its signature her einbelow has the power, authority and right to bind their respective parties to each of the te1m s of this Agr eement, and shall indemnify CITY full y for any injuries or damages to CITY in the event that such authority or power i s not, in fact, held by the s ignatory or is withdrawn. 28 . ENTIRETY The parties ackno wledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm 's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties a lso acknowledge and agree that no representations, inducements, promises, agreements or warranties, or al or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this 19-80 11 /2 15114 agree/ surfnet/professional svcs mayor 5/1 9-20 4082 10of12 127 Agreement, and that that party has not execut ed thi s Agreement in reliance on any rep rese ntati on , inducement, promise, agreem ent, warrant y, fact or circumstance not expressly set forth in this Agreement. This Agre ement , and the attach ed exhibits, contain th e entire agreement between the parties re spectin g the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the p rui ies respecting the subject matter hereof. 29. EFFECTIVE DATE Thi s Agreement shall be effe ctive on the date of its approval by the City Council. Thi s Agreement shal l expire when term inated as provi ded herein. 19-80 11 /215 11 4 agree/ surfnet/professional svcs mayor 5/19-204082 11 of 12 128 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be e.xecuted by and through their authorized officers. C(j)NSUL TANT, WITIMAN ENTERPRISES, LLC CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ~~ --7~ /..__ ____________ _ BY,: ~ ~~ Mayor I A/.t. /re .........-/-.. l:J od-c n print name ITS: (circle one) Chainna~ice President City Clerk hief Financial Officer/Asst. REVIEWED AND APPROVED: City Manager l9i80l l/2l5l 14 agree/ surf net/professional svcs mayor S/19-204082 12of 12 129 EXHIBIT "A" A. ST A TEMENT OF WORK: (Nanative of work to be performed) Wittman Enterprises, LLC will conduct emergency p arame dic and ambul ance billing services for the City of Huntington B each. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: Private Billing Wittman Enterprises, LLC to prepare all invoices and fo ll ow-up mailings. Initial invoicing w ith both English and Spanish instruct ion s will \;le on 8 X 11 billings and w ill be placed in envelopes, sealed and mailed, postage prepaid. Initial invoi cing occurs within three ( 4) d ays ofreceipt of transport ti ckets . Toll Free 800 tel ephone number provided to patients. An initial telephone call will a lso b e m ad e at this time to elicit any ins urance information from the patient or patient's fami ly. If we receive no answer on this call, Wittman 's will send an inquiry letter in additi on to the initial invoice. The standard bill sche dule i s as fo llows: Private Bill Schedule 1. Invoice 2. Statement 3. Past Due 4. Final Demand Medicare, Medicaid, Medi-Me di Immediately 30 days 20 days 10 day s Wittman Enterprises, LLC to prepare a ll invoices and e lectronically convey to Medicare and Medicaid/Medi-Cal fisca l intermediaries. All secondary and coinsurance billing transfened to the appropriate secondary pay source and promptly billed to that source. III. Workers' Compensation and Private Insurance Wittman Enterprises, LLC to bill private insurance, suppl em ental in surance, secondary insurance and Workers' Compensation billed according to spec ifi c requirements. Electronic billing of insurance companies is perfo1med where appropriate . Any correspondence for additional information or fo ll ow up necessar y to secure insurance payments w ill be p erformed by Wittman E nterprises, LLC . Delinquent Claim Handling Patients with claims aging over 45 days will be contacted by telephone for payment arrangements . Telephone foll ow up will continue until payment in full is received or account is dismissed by the City to an outside collection agency. Wittman Enterprises, LLC will utilize installment billing as a ll owed by the City in cases of financial hardship. EXHIBIT A 130 Receipts Processing Wittman Enterprises, LLC will r eceive direct payment, posting and depositing cash receipts within one (1) day of receipt. Bank deposit receipt will be emailed to the City. Wittman Enterprises, LLC shall have no access to the proceeds of the receipts. All funds are under the exclusive control of the City of Huntington Beach. Reports Monthly, Wittman Enterprises , LLC will perform accurate month end close procedures that will result in the following reports: Monthly Ticket Survey Monthly Sales Journal Monthly Cash Receipts Journal Monthly Receivables Aging Management AIR Analysis Statistical Reports customized to client needs Provider Responsibilities • Submit necessary transport information, including pay source information and patient condition, to Wittman Enterprises , LLC for bi lling purposes. •Forward to Wittman Enterprises, LLC all necessary information relating to patient transports services, payments and patient eligibility. •Notify Wittman Enterprises, LLC of any accounts that require special attention. • Obtain signature of patient or guardi an. • Provide pati ent's Social Security Number Source Documents Wittman Enterprises, LLC will retain all source documents including attachments for six (6) years . When seryice contracted is terminated, a ll source documents are returned to Provider at the Provider's expense. C. CITY'S DUTIES AND RESPONSIBILITIES: In a timely manner, the City will provide accurate documentation to the vendor so that they can conduct emergency paramedic and ambulance billing services. The City will provide v endor with supplemental documents as required from various sources to assist in completing billing services. D. WORK PROGRAM/PROJECT SCHEDULE: To be determined. EXHIBIT A 131 EXHIBIT "B" Payment Schedul e (Fixed Fee P ayment) 1. CONSULT ANT shall be e ntitl ed to m o nthly prog ress pay ments toward th e fi xed fee set forth here in in accordance w ith the fo ll owin g progress and payment sch edules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and oth er d ocum entation prepa red by CONSULTANT shall be submitted to CITY to demonstrate progress toward compl etion of tasks . In the event CITY rejects or has comm ents on any such product, CITY shall identify specifi c requirements for s ati sfact01y completi on. 3. CONSULTANT shall s ubmit to CITY an in vo ic e for each monthly progress payment due. Such in vo ice s hall: A) Reference thi s Agreement; B) D escribe the servi ces per formed; C) S how the total amount of the paym e nt due; D) Include a certification by a prin c ipal mem ber of CONSULT ANT's firm that the work h as been performed in accor dance w ith the provisi ons of th is Agreement; and E) For a ll p aym ents include an estimate of the percentage of work completed. Upon s u bmiss io n o f any such invo ice, if CITY is satisfied t hat CONSUL TANT is m aki ng satisfactory progress toward completion of tasks in accordance w ith t his Agreement, CITY shall approve the invoice, in w hi ch event payment sha ll be made within th irty (30) days of receipt of the ·in voi ce by CITY. S uc h approval sha ll n ot be unreasonably withheld . If CITY does not approve a n in voice, CITY sha ll notify CONSULT ANT in writing of the r easons fo r no n-approval a nd the schedule of performance set forth in Exhibi t "A" may at the option of C ITY be suspended until the pa rt ies agree that past perfo rman ce by CONSULT ANT is in , or has been brough t into compliance, or until th is Agreement has expired or is terminated as prov ide d herein . 4. A ny b illings fo r extra work or additio nal serv ices a uth orized in advan ce and in writing by CITY s h a ll be invoi ced separate ly to C ITY. Suc h invoi ce sha ll contain all of the information required a b ove, a n d in addition s ha ll li st the ho urs expended and h ourly rate charged for such t ime . Such in vo ices shall be a pproved by CITY if the work performed is in accord ance with the extra work o r additional servi ces requested, and if C ITY is satisfi ed th at t he statement of h o urs worked and costs in cmTed is accurate . Suc h approval shall not be unreasonab ly w ithheld. Any dispute between the parties concerning payment of such an invo ice shall be treated as separate and apart from the ongo in g per fo rmance of the remaind e r of this Agreement. Exhibit B 132 EXHIBITB PAYMENT SCHEDULE CITY OF HUNTINGTON BEACH PROFESSIONAL SERVICES AGREEMENT WITH I. Fees WITTMAN ENTERPRISES, LLC FOR EMS BILLING SERVICES A. P ercentage ofNet Co ll ections 3.90% of net collected revenue Included B. Monthly Reports Net Co ll ections are the dollars eligible fo r co ll ectio n after adj usting for Medi care and Medi-Cal write downs. "Collected Revenue" is the net dollars co ll ected minus any refunds or payor adjustments . Billing services ar e offered for a percentage of collected revenue as agreed upon by the two parties and indicated above. 1 Exhibit B 133 1 2 3 4 5 6 7 8 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WITTMAN ENTERPRISES, LLC FOR BILLING SERVICES FOR EMERGENCY PARAMEDIC AND AMBULANCE SERVICE Table of Contents Scope of Services ..................................................................................................... 1 City Staff Assistance ................................................................................................ 2 Term; Time of P erformance ..................................................................................... 2 Compensation .......................................................................................................... 2 Extra Work ............................................................................................................... 2 Method of Payment .................................................................................................. 3 Disposition of Plans, Estimates and Other Documents ........................................... 3 Hold Harmless ......................................................................................................... 3 9 Professional Liability Insurance ............................................................................ .4 10 Certificate of Insurance ............................................................................................ 5 11 Independent Contractor ............................................................................................ 6 12 Termination of Agreement. ...................................................................................... 6 13 Assignment and Delegation ... : .................................................................................. 6 14 Copyrights/Patents ................................................................................................... 7 15 City Employees and Officials .................................................................................. 7 16 Notices ......................................................................................... 7 1 7 Consent .................................................................................................................... 8 18 Modification ............................................................................................................. 8 19 Section Headings ..................................................................................................... 8 20 Interpretation of this Agreement .............................................................................. 8 2 1 Duplicate Original .................................................................................................... 9 22 Irrunigration ............................................................................................................... 9 23 Legal Services Subcontracting Prohibited ................................................................ 9 24 Attorney's Fees .......................................................................................................... 10 25 Survival ..................................................................................................................... 10 26 Governing Law ......................................................................................................... 10 27 Signatories ........................................................................................................ : ........ 10 28 Entirety ................................................................... : .................................................. 10 29 Effective Date ................................................................................. 11 134 ~ WITIENT -01 JMAHNCKE ACORD" CERTIFICATE OF LIABILITY INSURANCE I CATE (MWDOIYYYY) '----'"' 9/18/2019 THIS CERTIFICATE IS ISSUED AS A MATIER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPO N THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT B ETWEEN THE IS SUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies ) must have ADDITIONAL INSURED provisions or be endo rsed. If SUBROGATION IS WAIVED, s ubject to the terms and conditions of the policy, certain policies may r e quire an endorsement. A s tatement on this certificate does not conrer rights to the certificate h o lder In lieu of such endorsement(s). PROO UC ER 2~f:fj;~CT Wes tern Elite Insurance Solutions ri:JgN~o Extl: (916) 259-6900 I rie~ No1:(866) 206-8646 130 Diamond Creek Place, Suite 2 Roseville, CA.~5747 ~~Ml!~ ••. INSURERISI AFFORDING COVERAGE NAIC # INSURER A: National Fire Insurance Comoanv of Hartford INSU RED INSURE R e : Continental Insurance Comoanv Wittman Enterprises LLC INSURER c ,Continental Casualtv Comoanv 11093 Sun C e nter Drive INS URER o :State Comoensatlon Insurance Fund Rancho Cordova, CA 95670 INSURERE :AXIS Surolus Insurance Comoanv INSURER F: Travelers Casualtv Insurance Co of Amer COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAM ED ABOVE FOR THE PO LIC Y PERIOD INDICATED. NOT'MTHSTANDIN G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOC UMENT Willi RESP ECT TO WHICH THIS CERTIFI CATE MAY BE ISS UED OR MAY PERTAIN, THE INSURANCE AFFORDED BY TH E POLICIES DESCRIBED HEREIN IS SUBJ ECT TO ALL THE TERMS, EXCLUS IONS A NO CONDITIONS OF S UCH POLI CIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. i~;: TYPE OF INSURANCE ~.~.P~ ~H.i;i~ POLICY NUMBER POLICY EFF POLICY EXP LIM ITS .... , A x COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 -:J CLAIMS-MACE [Kl OCCUR !?~g,!1,J9~~i:.~E.-~. 300,000 x 86020067350 7/1/2019 7/1/2020 s -ME O EXP IAnv one OflfSMI s 10,000 - -PERSONAL & AOV INJURY s 2,000,000 4,000,000 ~'L AGGREGATE LIMIT APDS PER: GENERAL AGGREGATE s POLICY o ~~a Loe PROO! Ir.TS -""MP/OP Ar::r> s 4 ,000,000 OTH ER: EPLI FIDUCI ARY $ 10,000 8 ~TOMOelLE LIABILITY ji,~~~\'!.~~tflNGLE LIMIT s 1,000,000 x ANY AUTO 86020067395 7/1 /2019 7/1/2020 BODILY INJURY I Per~""""' s -O\AINEO -SC HEDULED -AUTOS ONLY _ AUTOS /jl. lPRC VED AS TO FORM BODILY INJURY CPer accident\ $ -~L~oNLY -~m'~~l~ v-· ~~ Fil!.9~Md\ht?AMAGE s <! I>/' --I / -s c x UMBRELLA LIAB ~ OCCUR -r • MIC IHAe ~e. GATH . EACH OCCURREN CE $ 2,000,000 -CJ !TY __ f431 711 /2019 7/1 /2020 2,000,000 EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I x I RETENTI ON$ 1 OJLUJ OF HUN J'JNGiON eeACH s D WORKERS COMPENSA TION x I ~~~T UTE I I ~~H-ANO EMPLOYERS' LIABILITY Y /N 9161868-2019 7/1/2019 7/1/2020 1 ,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE D E.L. EACH ACCIDENT s OFFICERIM~MB~ EXCLUOEO? N /A 1,000,000 (M1nd1toiy n N E.L. DISEASE -EA EMPLOYEE s ~m~~~ ~:gPERATIONS below E.L DISEASE -POLICY LI MIT ! 1,000,000 E Cyber Liability P00100004271101 1117/2018 11/7/2019 Aggregate/Limit 1,000,000 F Professional Llab 107019103 1/1/2019 1/1/2020 Each Claim/Agg 2 ,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101 1 Ad dl11onal Remark s Schedule, may be attac hed If mora space Is ra ~ulred) The C ity of Huntington Beach, its officers, elected or appointed officials, employees, ag ents and volunteers wl I be named as Additional Insured with respects to General Liability per attached endorsement form number SB146932F. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 2000 Mai n Street Huntington Beach, CA 92648 AUTHORIZ ED REPRESENTATIVE I /-vrLL ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 135 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Billing Services for Emergency Paramedic and Ambulance Service SERVICE DESCRIPTION: Provide the tasks and activities associated with preparing , invoicing , categorizing, recording, monitoring, supervising and managing the billing program for those emergency medical services operated by the City of Huntington Beach Fire Department. VENDOR: Wittman Enterprises, LLC OVERALL RANKING: 1 of 3 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager, Finance 2. Senior Civil Engineer, Public Works 3. Administrative Analyst, Fina nce I. MINIMUM QUALIFICATIONS REVIEW 11. • Written Proposal Score: Wittman Enterprises, LLC -Minimum Qualifications Review Total Weighted Maximum Criteria Score Score Compliance with RFP 135 150 Technical Approach 325 375 Qualifications 350 375 Clarity 135 150 Cost 225 375 References and Background 75 75 Total I 1245 I 1500 DUE DILIGENCE REVIEW • Wittman Enterprises currently provides billing services for the City of Huntington Beach and other comparab le agencies in Orange County including Newport Beach , Costa Mesa, Anaheim and Fullerton . Vendor meets project requirements and City's needs. Wittman Enterprises, LLC -Summary of Review • Vendor scored highest in five out of six categories and met all requirements of the RFP. They have provided consistent & quality billing services to the Cit . Witttman Enterprises, LLC -Pricing • 3.9% of net collections, lower rate from current contract 136 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: Billing Services for Emergency Paramedic and Ambulance Service SERVICE DESCRIPTION: Provide the tasks and activities associated with preparing , invoicing, categorizing, recording, monitoring, supervising and managing the billing program for those emergency medical services operated by the City of Huntington Beach Fire Department. VENDOR: Vendor #2 OVERALL RANKING: 2 out of 3 SUBJECT MATTER EXPERTS/RATERS: 1. Project Manager , Finance 2. Senior Civi l Engineer, Public Works 3. Adm inistrative Analyst , Finance I. MINIMUM QUALIFICATIONS REVIEW II. • Written Proposal Score: VENDOR #2-Minimum Qualifications Review -Total Weighted Maximum Criteria Sc o re Score Compliance with RFP 130 150 Technical Approach 250 375 Qualifications 287.50 375 Clarity 120 150 Cost 350 375 References and Background 55 75 Total I 1,192.50 I 1500 DUE DILIGENCE REVIEW • Vendor provides billing services to City of Los Angeles , City and County of San Francisco, and c it ies i n Northern Californ ia. VENDOR #2-Summary of Review • Vendor met the requirements in the RFP . VENDOR #2-Pricing • 2. 75% of net collections 137 City of Huntington Beach File #:19-1037 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Receive and file the monthly status update on the 6th cycle Regional Housing Needs Assessment (RHNA) process Statement of Issue: During the July 15, 2019,City Council Study Session, Community Development staff presented an overview of the 6th Cycle RHNA process and related items of information as directed by the City Council. At the end of the study session, the City Council requested monthly updates on the status of the 6th Cycle RHNA process. This update provides a summary of what has occurred since the last monthly update on September 16, 2019. Financial Impact: There is no fiscal impact. Recommended Action: Receive and file the monthly Regional Housing Needs Assessment (RHNA) process status update. Alternative Action(s): Provide alternative direction to staff. Analysis: The following is a summary of what has occurred during the RHNA process since the last monthly update on September 16, 2019. After the conclusion of the draft RHNA methodology comment period on September 13, 2019, where three different methodologies were under consideration (Option 1, Option 2, and Option 3), SCAG staff held a workshop for the general public and local jurisdictions on September 23, 2019,to preview proposed changes to the draft methodology based on comments received and discuss next steps in the process. The revised methodology proposed by SCAG is essentially a version of Option 1 with the addition of new factors for existing need. For example, SCAG removed share of existing population and building City of Huntington Beach Printed on 10/16/2019Page 1 of 3 powered by Legistar™138 File #:19-1037 MEETING DATE:10/21/2019 new factors for existing need. For example, SCAG removed share of existing population and building permit activity from the methodology. SCAG also added new factors such as access to jobs within a 30 minute drive and “high resource area” classifications as a threshold for social equity adjustment. Transit access is now based on planned High Quality Transit Areas (HQTAs) through the year 2045. The City previously commented on the draft methodologies and did not support the use of Option 1 due to its reliance on flawed data and inclusion of existing need as a major component of RHNA allocation. SCAG has not made some of the data sources available for the revised version of Option 1 so it is difficult to comment on the accuracy of the data. On October 7, 2019, the SCAG RHNA subcommittee reviewed the proposed draft methodology and recommended approval to the SCAG Community, Economic and Human Development (CEHD) Committee, which will consider the item at a meeting scheduled for October 21, 2019. Mayor Pro Tem Semeta and Council Member Posey are members of the CEHD representing the City of Huntington Beach and the Orange County Council of Governments, respectively. The table below shows the potential 6 th cycle RHNA numbers for Huntington Beach based on the proposed methodology. The numbers in the table show three potential RHNA scenarios: HCD’s regional determination and SCAG’s recommended alternatives (the high and low numbers). As mentioned in last month’s City Council RHNA update, SCAG filed a form objection to HCD’s regional determination number and recommended an alternative regional determination range. HCD is expected to respond to SCAG’s formal objection on the regional determination later this month. City of Huntington Beach Potential 6th Cycle RHNA Regional Determination (# Housing Units) Regional Determination Source Very Low Low Mod Above Mod Total RHNA 1,344,740 HCD (8-22-19)1,001 593 627 1,405 3,625 821,000 SCAG Alternate Determination - Low (9- 5-19) 495 293 310 694 1,792 924,000 SCAG Alternate Determination - High (9- 5-19) 578 342 362 811 2,093 If approved by the CEHD, the draft methodology will be scheduled for consideration by the SCAG Regional Council on November 7, 2019. If approved, the draft methodology will be sent to HCD for a 60 day review. Environmental Status: The filing of a status update on the 6th Cycle RHNA process is not a project as defined by Section 15378 of the CEQA Guidelines and is not subject to CEQA. Strategic Plan Goal: City of Huntington Beach Printed on 10/16/2019Page 2 of 3 powered by Legistar™139 File #:19-1037 MEETING DATE:10/21/2019 Non-Applicable - Administrative Item Attachment(s): None City of Huntington Beach Printed on 10/16/2019Page 3 of 3 powered by Legistar™140 City of Huntington Beach File #:19-1042 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Kellee Fritzal, Deputy Director of Economic Development Subject: Authorize the Sale of City-Owned Real Property Located at 15311 Pipeline Lane for $2,744,000 Statement of Issue: Authorize the sale of City-owned real property located at 15311 Pipeline Lane (Pipeline Property) to Steve Chalabian and Jackie Jernigan in the amount of Two Million Seven Hundred Forty-Four Thousand Dollars ($2,744,000). The City will also pay applicable escrow and commission fees. Financial Impact: The City’s total costs to acquire the Pipeline Property was $2,748,176. As currently structured, the proposed sale of the Pipeline Property will result in approximately $2,656,400 net revenue to the city (this includes the City paying the estimated escrow costs of $19,000 and commission costs of $68,600). The City has a tenant renting space at the Pipeline Property which has earned $12,481 in rent revenue to the City. Factoring rent in the proposed sale of the Pipeline Property will result in a cumulative estimated net loss of $79,295. Proceeds from the sale of the property will be used to reimburse the City for the initial purchase of the Pipeline Property. Those funds include the Redevelopment Dissolution Assignment (Fund 100), the Community Development Block Grant Rehabilitation Loans (Fund 215), the Community Development Block Grant Program Reallocations & Cumulative Project Savings (Fund 239), and Residual Receipts (Fund 233). Recommended Action: A) Authorize the sale of the Pipeline Property to Steve Chalabian and Jackie Jernigan for $2,744,000; and B) Authorize and allocate funds for the payment of escrow fees associated with the transaction for an amount not to exceed $19,000; and C) Authorize and allocate funds for the payment of associated commission fees in an amount not City of Huntington Beach Printed on 10/16/2019Page 1 of 3 powered by Legistar™141 File #:19-1042 MEETING DATE:10/21/2019 to exceed 2.5% of the property sale price ($68,600) payable to Lee Associates, to be paid from the proceeds of the sale or Residual Receipts Fund 233; and D) Authorize the City Manager to request a 45-day period to allow for current tenants to vacate the site prior to the close of escrow; and E) Authorize the City Manager, with the approval as to form by the City Attorney Office, to execute any and all necessary documents to consummate the real estate transaction. Alternative Action(s): Do not approve the Purchase and Sale Agreement and provide staff with additional direction. Analysis: On April 18, 2019, the City Council authorized the purchase of real property located at 15311 Pipeline Lane, for use as a possible homeless navigation center. After coordinating outreach meetings related to the matter, the City heard significant concerns from the business community regarding use of the Pipeline Property for the proposed shelter use. Based on the feedback received, on October 7, 2019, the City Council directed that staff look for alternative locations for a shelter locations, and to proceed with the disposition of the Pipeline Property. Based on that direction, staff solicited and received a written offer from a commercial real estate agent representing Steve Chalabian and Jackie Jernigan to purchase the Pipeline Property for $2,744,000. Initially, the proposed purchase offer from the buyer included a provision that the City pay a broker fee of 3% as part of the transaction. After further negotiation, the broker agreed to lower his commission by 0.5%, for a total fee of 2.5%. In addition, the proposed sale of the property would include a 50%-50% split of all escrow fees. Given this overall transaction framework, if approved, the sale of the Pipeline Property would result in a net loss to the City of approximately $79,295, as follows: §The City initially acquired the property for $2,744,000, and in addition, paid a total of $4,176 in escrow fees, for a total cost of $2,748,176. §Pursuant to the terms of the proposed property sale now, the $2,744,000 that the City would receive from the transaction would be reduced by $87,600 to account for related escrow and commission costs (escrow costs are estimated at $19,000, while commission fee costs are estimated at $68,600). This would result in the sale providing the City with net proceeds estimated at $2,656,400. §During the time that the City has owned the property, tenants have paid the City a total of $12,481 in rent. §The total net loss to the City based on the above factors would be approximately $79,295. Environmental Status: Not applicable City of Huntington Beach Printed on 10/16/2019Page 2 of 3 powered by Legistar™142 File #:19-1042 MEETING DATE:10/21/2019 Strategic Plan Goal: Non-Applicable - Administrative Item Attachment(s): 1. Letter of Understanding to Purchase 15311 Pipeline Lane City of Huntington Beach Printed on 10/16/2019Page 3 of 3 powered by Legistar™143 License ID# 01197433 August 23, 2019 Kellee Fritzal Deputy Director Office of Business Development 2000 Main Street, 5th Floor Huntington Beach, CA 92648 BRAD SCHNEIDER SVP /PRINCIPAL License 01887613 +1949 724 4708 Tel + 1 949 623 6304 Fax bschneider@lee-associates.com www.lee-associates.com RE: LEITER OF UNDERSTANDING TO PURCHASE 15311-15323 PIPELINE LANE HUNTINGTON BEACH, CA 92649 Kellee: Lee & Associates, Newport Beach has been authorized by Steve Chalabian and Jackie Jernigan and/or permitted assignee, to submit this proposal outlining the preliminary terms and conditions for the purchase/sale of the above-mentioned property. Please note the terms presented below are intended for discussion purposes only, are non-binding, and may be amended or withdrawn at any time. 1. PROPERTY: 2. PURCHASE PRICE: 3. DEPOSITS: A multi-tenant industrial building approximately 11,200 square feet located at 15311-15323 Pipeline Lane, Huntington Beach. Two Million Seven Hundred and Forty-Four Thousand Dollars ($2,744,000.00) at close of escrow: Buyer to deposit One Hundred Thousand and 00/100 Dollars ($100,000.00) upon opening of escrow. By 5:00 p.m. local time on the thirtieth (30th) calendar day after opening of escrow, the deposit will become non-refundable upon buyer waiving all contingencies on the 30th calendar day. Should Buyer choose not to proceed prior to 5:00 p.m. local time on the thirtieth (30th) calendar day, Buyer may cancel escrow at Buyer's sole and absolute discretion and it shall provide unilateral instructions to Escrow Holder, where upon escrow shall be canceled and the deposit and any other funds or instruments deposited into escrow by Buyers shall be promptly returned to Buyer, and neither party shall have any further right, liability or obligation with respect to the purchase and sale of the property of escrow, which shall be held in an interest-bearing account during the due diligence period. 144 Kellee Fritzal 4. OPENING OF ESCROW: s. TITLE/ESCROW: 6. CLOSE OF ESCROW: 7. BUYER'S CONTINGENCIES: August 23, 2019 Pa e 2 Upon mutual acceptance of this letter, Seller shall draft a Purchase and Sale Agreement/Escrow Instructions incorporating the terms of this Letter. Escrow shall be deemed open when the following has been completed: A. A mutually executed Purchase and Sale Agreement/Escrow Instructions (the "Purchase Agreement") has been deposited into escrow. B. Buyer has placed Initial Deposit into escrow, as defined above. Title and Escrow shall be handled by First American Title (Kim Cosenza) and Trans-National Escrow (Diana Wood). Seller shall provide a Standard Owners Policy of Title Insurance (Cl TA) for the property, and Buyer shall have the option to pay for the incremental upgrade from a standard policy to the extended policy coverage. All other fees, as customary, shall be split equally between the Seller and the Buyer. Escrow shall close fifteen (15) days from removal of contingencies. Buyer's obligation to perform on the purchase shall be subject to its satisfaction of the following Contingencies, which are for Buyer's benefit only (the "Contingencies"). In the event, any of the following Contingencies are not satisfied by 5:00 p.m. PST on the thirtieth (30th) day after opening of escrow, Buyer may, at its sole option, either waive such Contingencies or terminate the Purchase Agreement. If Buyer elects to terminate the Purchase Agreement pursuant to this section, the Initial Deposit shall be returned to Buyer (less one-half (1/2) of title and escrow cancellation charges). Failure of Buyer to notify Seller or Escrow Holder in writing within the applicable time limit that any of the following Contingencies has not been satisfied, shall be deemed to be satisfaction of the Contingency: 145 Kellee Fritzal 8.BROKERAGE: 9.TERMS OF OFFER: August 23, 2019 Pa e 3 A.Inspection of the Property including, but not limited to HVAC and Roof B.Existing Reports and Leases: Within five (S) days after opening of escrow, Seller will deliver to Buyer soils report, existing leases, building plans, copies of all permits and current utility bills, Tenant Estoppel Certificates, disclosure of any litigation, violations or noncompliance matters affecting the property, City conditions of approval report and final parcel map. C.Preliminary Title: Seller shall provide Buyer, within five (S) days after opening of escrow, a current preliminary title report for the project. D.Phase I Report: Buyer to obtain a Phase I Environmental Report. E.Existing Tenant: Prior to Buyer waiving it's Contingencies, the existing tenant shall vacate the property and remove the spray booth, repair any roof penetrations due to the spray booth removal, and leave the Property in broom swept condition. All contingencies shall expire thirty {30) days "from the opening of escrow" and once the existing tenant vacates the property. Seller shall supply all items requested within five (5) business days from opening. Brad Schneider of Lee & Associates - Newport Beach, Inc. represents the buyer in this transaction. Lee & Associates - Newport Beach, Inc. shall be paid a 2.5% commission of the purchase price by the seller. The foregoing may be accepted by Buyer by executing and returning letter to Seller on or before 5:00 p.m. on Wednesday October 30, 2019. 146 Kellee Fritzal August 23, 2019 Pa e 4 THIS LETTER IS INTENDED SOLELY AS A PRELIMINARY EXPRESSION OF GENERAL INTENTIONS AND IS TO BE USED FOR DISCUSSION PURPOSES ONLY. THE PARTIES AGREE THAT THIS LETTER IS NOT INTENDED TO CREATE ANY AGREEMENT OR OBLIGATION BY EITHER PARTY TO NEGOTIATE A DEFINITIVE AGREEMENT AND IMPOSES NO DUTY ON EITHER PARTY TO CONTINUE NEGOTIATIONS. THE PARTIES INTEND THAT NEITHER SHALL HAVE ANY CONTRACTUAL OBLIGATIONS TO THE OTHER WITH RESPECT TO THE MATTERS REFERRED HEREIN UNLESS AND UNTIL A DEFINITIVE AGREEMENT HAS BEEN FULLY EXECUTED AND DELIVERED BY THE PARTIES. PRIOR TO DELIVERY OF A DEFINITIVE EXECUTED AGREEMENT, AND WITHOUT ANY LIABILITY TO THE OTHER PARTY, EITHER PARTY MAY (1) PROPOSE DIFFERENT TERMS FROM THOSE SUMMARIZED HEREIN, (2) ENTER INTO NEGOTIATIONS WITH OTHER PARTIES, AND/OR (3) UNILATERALLY TERMINATE ALL NEGOTIATIONS WITH THE OTHER PARTY HERETO. We look forward to your response. Please call me with any questions. Sincerely, Brad Schneider Senior Vice President/Principal +1949 724 4708 AGREED AND ACCEPTED: BUYER: STEVE CHALABIAN AND JACKIE JERNIGAN, OR NOMINEE B~~ Title: S1'~'1Ji ~ ~"A\..lAt::.\&) Date: i)-i..,)\~ SELLER: By: Title: Date: 147 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (As required by the Civil Code} When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLER'S AGENT ("Seller'' includes both a vendor and a lessor) A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seller. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (bl A duty of honest and fair dealing and good faith. (cl A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT ("Buyer'' includes both a purchaser and a lessee) A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Seller's agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a) Diligent exercise of reasonable skill and care in performance of the agent's duties. (b) A duty of honest and fair dealing and good faith. (c) A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER (including lessor and lessee) A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer: (a) A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b) Other duties to the Seller and the Buyer as stated above in their respective sections. In representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a causal relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the Civil Code set forth on page 2 (or a separate page). Read it carefully. Disclosure Provided By: Lee & Associates-Newport Beach BRE License#: 01197433 .. ··~ Signed By: Brad Schneider Salesperson BRE Licen/l #: 01887613 Date: ></1/1 1 ? ' l NOTE: ~By: Signed By: Steve Chala~ [Check o<l\ Iii Buy~ D Seller D Lessee D Lessor] Date: "-'"3 \ °I Signed By: __________________ _ [Check one D Buyer D Seller D Lessee D Lessor] Date: _____________ ~ •When the listing brokerage company also represents Buyer/Lessee: The Listing Agent shall have one Agency Disclosure form signed by Seller/Lessor and a second Agency Disclosure form signed by Buyer/Lessee. •When Seller/Lessor and Buyer/Lessee are represented by different brokerage companies: (i) the Listing Agent shall have one Agency Disclosure form signed by Seller/Lessor and (ii) the Buyer's/Lessee's Agent shall have one Agency Disclosure form signed by Buyer/Lessee and either that same or a different Agency Disclosure form presented to Seller/Lessor for signature prior to presentation of the offer. If the same form is used, Seller/L ssor may sign here: [Check one D Seller D 148 DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP CIVIL CODE SECTIONS 2079.13 THROUGH 2079.24 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent" means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee" means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his or her associate licensees who perform as agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) "Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer'' includes vendee or lessee. (d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobile homes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction. (f) "Listing agreement" means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) "Listing agent" means a person who has obtained a listing of real property to act as an agent for compensation. (h) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the listing agent. (i) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. 0) "Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) "Real property" means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year's duration, and mobile homes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131.6 of the Business and Professions Code. (I) "Real property transaction" means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) "Sell," "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n) "Seller" means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another. "Seller'' includes both a vendor and a lessor. (o) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or an agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Title 9. However, "subagent" does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior to entering into the listing agreement. (b) The selling agent shall provide the disclosure form to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the selling agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mail addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shall provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on the reverse side of this form. 2079.17 (a) As soon as practicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exclusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seller. (c) The confirmation required by subdivisions (a) and (b) shall be in the following form. ---~r~D=D~N=O~T C=O=M~P=LE~T~E~S~A=M~PL=E~O=N~L Y~'---1s the Agent of (check one): 0 the seller exclusively; or 0 the buyer exclusively Name lJsting Agent (Brokerage Firm) ---~ID=O~N=O~T=CO=M=P~L=ET~E-S=A=M~P=LE~O=N=L~Y/~--1s the Agent of (check one): D the seller exclusively; or D the buyer exclusively; or D both the seller and buyer Name Usting Agent (If not same as the Ustmg Agent) (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the result of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this arocle if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to sell the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a dual agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent. 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts governed by this article or for any breach of a fiduciary duty or a duty of disclosure. 149 City of Huntington Beach File #:19-971 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:Ursula Luna-Reynosa, Director of Community Development Subject: Approve for introduction Ordinance No. 4190 adopting the 2019 Model California Construction Codes; and schedule a Public Hearing for November 18, 2019 Statement of Issue: The California Health and Safety Code mandates that every three years the building and construction codes be updated for all cities and counties throughout the State in order to adopt the code with local amendments. If the City Council approves the attached ordinance, the most recent editions of the California construction codes with the applicable amendments will become effective January 1, 2020, as required by State law. Financial Impact: The adoption of the proposed Codes will not have any fiscal impact on the City’s budget. Recommended Action: A) Approve Introduction of Ordinance No. 4190, “An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 - Building and Construction Chapters 17.04, 17.07, 17.40, 17.44, and 17.48 to Adopt by Reference the Current California Code of Regulations Title 24 Parts 1-12 with Regard to the 2019 Edition of the California Building Code, 2019 Edition of the California Residential Code, 2019 Edition of the California Mechanical Code, 2019 Edition of the California Plumbing Code, and 2019 Edition of the California Electrical Code; to Adopt the 2019 Edition of the California Administration Code, 2019 Edition of the California Energy Code, 2019 Edition of the California Historical Building Code, 2019 Edition of the Reference Standards Code, and the 2019 Edition of the Green Building Standards Code; Chapter 17.46 Amending to Reference the 2018 Uniform Swimming Pool, Spa and Hottub Code; Chapter 17.60 Amending to Reference the 2018 Uniform Solar, Energy and Hydronic and Geothermal Code;” (Attachment No. 1) and, B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4190 on November 18, 2019. Alternative Action(s): City of Huntington Beach Printed on 10/16/2019Page 1 of 3 powered by Legistar™150 File #:19-971 MEETING DATE:10/21/2019 1. Do not approve the ordinance for introduction. This would mean that the State codes become law by default without local amendments. 2. Continue the item and direct staff accordingly. Analysis: Construction codes that regulate the health and safety of the structures in our city are published every three years, to keep up with current design technology and construction materials. The California Building Standards Commission is charged with approving and publishing the State Codes under Title 24. The 2019 editions of the California Building, Green Building Standards, Residential, Mechanical, Plumbing, and Electrical Codes were published on July 1, 2019. In accordance with Section 18941.5 of the California Health and Safety Code, the City is mandated to enforce the codes starting on January 1, 2020. Summary of Title 24 Updates: The 2019 California Building Code has undergone only minor changes from the 2016 edition. The majority of the changes were already made to the 2016 codes by interim changes that were carried forward in the 209 codes. A few of the most noteworthy changes are: ·Occupied roofs (permitted as per the story immediately below the roof) ·Mezzanine area limitation (allowing 50% of the open roof below under certain conditions) ·Protection of attics with fire sprinkler or other acceptable alternative methods in mid-level multi -family occupancies ·General office space floor areas to allow 50% larger before triggering additional exits ·Tsunami loads and designs for large public assemblies and essential facilities ·Exception to emergency escape openings in basement bedrooms when automatic sprinkler system is installed ·Interconnection of carbon monoxide alarms ·Solar panels for new single-family homes using the prescriptive energy method Official adoption of the codes by reference allows the City of Huntington Beach to amend the codes for administrative purposes and for special conditions and hazards that do not exist in all jurisdictions, if necessary. The specific findings (Attachment No. 3) are also required to be adopted since the State requires cities to justify that the amendments are reasonably necessary because of local climatic, geological or topographic conditions. If the codes are not adopted, they will become law by default without amendments. Summary of Local Amendments: Huntington Beach has certain climatic and geological conditions that need to be mitigated to prevent certain hazards from occurring. Climatic conditions include Santa Ana winds and dry climatic conditions that could result in fires while the City’s location to Pacific Ocean could result in flooding. Local amendments include fire prevention systems and clarifying the minimum requirements for roof covering to mitigate fire hazards while requiring underground piping to be sleeved to protect infrastructure from flooding hazards. Geological conditions include seismic activity, methane district, corrosive soils, tsunami hazard zone, and floodplain hazards due to the failure of upstream dams. Examples of local amendments to mitigate such hazards include requiring soils and methane reports City of Huntington Beach Printed on 10/16/2019Page 2 of 3 powered by Legistar™151 File #:19-971 MEETING DATE:10/21/2019 Examples of local amendments to mitigate such hazards include requiring soils and methane reports as part of Construction Documents, fire prevention systems, flood resistant construction and climatic and geographic design criteria. All other local amendments are administrative in nature. The Uniform Swimming Pool, Spa and Hot Tub Code and Uniform Solar, Hydronics and Geothermal Code are not mandated by the State. However, new editions are proposed to be adopted to reflect changes and to stay current with industry standards. Adoption of the codes requires two City Council meetings as follows: First meeting is to introduce the Ordinance (October 21, 2019); and the second meeting is to adopt them with findings. The proposed Huntington Beach Municipal Code amendments are contained in the attached legislative drafts. Environmental Status: The project involves adoption of an ordinance to incorporate the California Building Code update into the Huntington Beach Municipal Code. The project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project is also exempt pursuant to City Council Resolution No. 4501, which supplements the CEQA Guidelines Section 15320, Class 20, and states that projects involving "adoption of ordinances (except zoning) which establish or amend procedures for reviewing an activity or which require subsequent discretionary action which is subject to CEQA. .." are exempt. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1. Ordinance No. 4190 2. Legislative Draft 3. Finding of Facts for code amendments City of Huntington Beach Printed on 10/16/2019Page 3 of 3 powered by Legistar™152 ORDINANCE NO . 4190 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE, TITLE 17 -BUILDING AND CONSTRUCTION CHAPTERS 17.04, 17.07, 17.40, 17.44 AND 17.48 TO ADOPT BY REFERENCE THE CURRENT CALIFORNIA CODE OF REGULATIONS TITLE 24 PARTS 1-12 WITH REGARD TO THE 2019 EDITION OF THE CALIFORNIA BUILDING CODE, 2019 EDITION OF THE CALIFORNIA RESIDENTIAL CODE, 2019 EDITION OF THE CALIFORNIA MECHANICAL CODE, 2019 EDITION OF THE CALIFORNIA PLUMBING CODE, AND 2019 EDITION OF THE CALIFORNIA ELECTRICAL CODE; TO ADOPT THE 2019 EDITION OF THE CALIFORNIA ADMINISTRATION CODE, 2019 EDITION OF THE CALIFORNIA ENERGY CODE, 2019 EDITION OF THE CALIFORNIA HISTORICAL BUILDING CODE, 2019 EDITION OF THE REFERENCE STANDARDS CODE, AND THE 2019 EDITION OF THE GREEN BUILDING STANDARDS CODE; CHAPTER 17.46 AMENDING TO REFERENCE THE 2018 UNIFORM SWIMMING POOL, SPA AND HOTTUB CODE; CHAPTER 17.60 AMENDING TO REFERENCE THE 2018 UNIFORM SOLAR, ENERGY AND HYDRONIC AND GEOTHERMAL CODE. The City Council of Huntington Beach does hereby ordain as follows: SECTION 1: Purpose and Authority. Pursuant to Health & Safety Code Section 17922 and 18935, the State of California Building Standards Commission has approved the adoption on new model codes relating to de sign and construction for the protection of life and prope1ty. The Building Standards Commission has advised local jurisdictions that the State of California will adopt the 2019 Edition of the California Building Standards Code. The purpose of this Ordinance is to adopt by reference the 2019 California Code of Regulations Title 24, Parts 1-12 and certain supplemental regulations, subject to the definitions , clarifications, and the amendments set forth in this Ordinance. A copy of all of the referenced codes and standards therefore are on file in the office of the building official pursuant to Health & Safety Code Section 18942( d)(l) and are made available for public inspection at City Hall within the Depmtment of Community Development, Building Division, during regular business hours. SECTION 2: Amendments. Local jurisdictions may amend the California Building Code as necessm·y by making findings that differences caused by local topographical, geographical, and l 9-7945/215361 153 climatic conditions exist in Huntington Beach. In accordance with Californi a Health & Safety Code Section 17958.7, any modifi cations m ade via local ordinance must contain findings and be filled, a long wi th the findings thereto, with the Building Standards Commission. The findings are contained in the "Express Findings" section attached hereto as Exhibit #2 and incorporated herein by reference. These local changes will be incorporated in to Title 17 of the Huntington Beach Municipal Code to preserve the health, welfare and safety of residents, businesses and prope1ty within the City. Amendments to the Huntington Beach Municipal Code are set forth in the Legislative Drafts and attached as Exhibit # 1 and incorporated herein by reference. SECTION 3: Application. This Code shall provide regulations for a ll new construction and any alterations, repairs, relocations, or reconstruction of any building or any pmtion thereof including any e lectrical , mechanical, gas, or plumbing installed on any property or used on or within any building. SECTION 4: Conflicts with Other laws, rules, etc. In the event of any conflict between this Code and any law, rule o r regulation of the State of California, that requirement which establishes the higher standard of safety shall govern. Failure to comply with such standard of safety shall be a violation of this Code. SECTION 5: Validity . If any section, subsection, sentence, clause, phrase or po1tion of this Ordinance is for any reason held out to be invalid or unconstitutional by the decision of any comt of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Counci l of the City of Huntington Beach hereby declares that it would have adopted this ordinance and each section, subsection, sentence, clause, phrase or pmtion thereof irrespective of the fact that any one or more sections, subsection, sentence clause, phrases or portions be declared valid or unconstitutionally. SECTION 6: Reference to Prior Code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Huntington Beach Building Code, 2016, shall be construed to appl y to the corresponding provisions contained within the Huntington Beach Building Code, 2019. SECTION 7: Filing. A copy of this Ordinance shall be filed with the California Building Standards Commission , which includes the City's "Express Findings" supporting the City's amendments to the Codes specified. SECTION 8: Effective Date. This Ordinance shall become effective 30 days after its adoption. 19-7945/215361 2 154 Ordinance No . 4190 PASSED AND ADOPTED by the City Council of Huntington Beach at regular meeting thereof held on the day of , 20 19. Mayor ATIEST: APPROVED AS TO FORM: City Cl erk REVIEWED AND APPROVED : INITIATED AND APPROVED: IA;11 ~ Q .~ City Manager D irector of Community Deve lopment 19-7945/215361 3 155 Legislative Drafts for Ordinance No. 4190 Page 1of48 EXHIBIT #1: LEGISLATIVE DRAFTS EXHIBITS SECTION! Adoption of CALIFORNIA ADMINISTRATION CODE Chapter 17. 02 SECTION2 Amendments to BUILDING CODE Chapter 17. 04 SECTION3 Amendments to RESIDENTIAL CODE Chapter 17.07 SECTION4 Amendments to MECHANICAL CODE Chapter 17.40 SECTIONS Amendments to PLUMBING CODE Chapter 17.44 SECTION6 Amendments to SWIMMING POOL, SPA AND HOT TUB CODE Chapter 1 7.46 SECTION? Amendments to ELECTRICAL CODE Chapter 1 7.48 SECTION 8 Adoption of ENERGY CODE Chapter 17.49 SECTION9 Adoption of HISTORICAL BUILDING CODE Chapter 17.50 SECTION 10 Adoption of EXISTING BUILDING CODE Chapter 17.51 SECTION 11 Adoption of GREEN BUILDING STANDARDS CODE Chapter 17.52 SECTION 12 Adoption of REFERENCE STANDARDS CODE Chapter 17.53 SECTION 13 Amendments to UNIFORM SOLAR, HYDRONICS AND Chapter 17. 60 GEOTHERMAL CODE 156 SECTION 1 Legislative Drafts for Ordinance No. 4190 Page2 of 48 Chapter 17.02 CALIFORNIA ADMINISTRATION CODE Sections: 17.02.010 Adoption of the 2019 California Administration Code 17.02.010 Adoption The 2019 California Administrative Code (codified in Part 1 of Title 24 of the California Code of Regulations), as published by the International Code Council and tbe California Building Standards Commission, is hereby adopted bv reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code. and amendments thereto. are hereby adopted and incorporated. pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5. as fully as though set forth at length herein. for the purpose of regulating and administering the erection. construction, enlargement, alteration, repair. moving, removal. conversion. demolition, occupancy, equipment, use, height. area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 157 SECTION2 Sections: 17.04.010 17.04.020 17.04.030 l 7.04.040 17.04.050 17.04.060 17.04.070 17.04.080 17.04.090 17.04.100 17.04.110 17.04.120 l 7.04.130 17.04.140 l 7.04.l 50 17.04.160 17.04.170 Legislative Drafts for Ordinance No. 4190 Page3 of 48 Chapter 17.04 BUILDING CODE Adoption of the 2019 California Building Code Section [A] 101.1 -amended Section [A] l 03. l -amended Section [A] l 04. l -amended Section [A] 105.2-amended Section [A] 105 .3 .2 amended Section [A] 105.5 -amended Subsection [A] 107.2.l.l -added Subsection [A] l 07.2.1.2 -added Section [A] 107.2.9-added Section [A] 109-amended Section [A] 113.1 -amended Section 90 l. l -amended Table 1505. l -amended Subsection 1505. l .3 -amended Chapter 36 Building Security -added Chapter 55 Methane District Regulations -added 17.04.0;1()10 Adoption There is hereby ade)'Jted by the City Ceaneil by referenee that eertain eede knevm as the 201 e California Blli!Eling Cede, aREl the vrl!ele thereef, inelooing i\)'J)'Jendill I entitled "Patie Cevers," and eirne)'JtiRg all ether a)'J)'Jendiees save and exoe)'Jt these )'Jertiens as are hereafter meElified er amended. The 2019 California Building Code Volumes 1and2. and the whole thereof. including Appendix I entitled "Patio Covers" and all national codes and standards referenced therein (codified in Part 2 of Title 24 of the California Code of Regulations\ as published by the International Code Council and the California Building Standards Commission. is hereby adopted by reference, subject to the amendments. deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments 158 Legislative Drafts for Ordinance No. 4190 Page 4 of 48 thereto shall be controlling within the corporate limits of the City of Huntington Beach. (2747- 2/85, 2976-12/88, 3022-12/89, 3147-7/92, 3305-12/95, 3422-7/99, 3573-10/02, 3789-1/08, 3892- 12/10, 3993-11/13, 4106-12/16 xxxx-12/19) 17.04.01()20 CBC Section fA! 101.1 -Amended CBC Chapter 1, Section W 101.1 is hereby amended to read as follows: ""-"-""""~!....!-'-""'"-'This ehaiiter These Regulations shall be known as the Huatingten Beaeh Building Code of Huntington Beach, may be cited as such, and will \Je hereinafter referred to herein as the BuilEl-ing Cede "this code." (2747-2/85, 3422-7/99) 17.04.0:H CBC Chapter l, Seetien 101.2 Seepe f,mended The previsiens ef this Cede shall aii:13ly te the eenstruetien, alteratien, mevement, enlargement, replaeement, repair, eE1t1i:13ment, use and eeeupaney, leeatien, maintenanee, remeYal and demelitien ef e>1ery building er strueture er any aii:13artenanees eeBHeeted er attaehed te sueh buildings er struetures. Eirneptien: Detaehed ene and twe family dwelling and multiple single family dwellings (tewnheuses) net mere than three steries a\Je-1e grade plan in height ·mth a separate means ef egress and their aeeessery struetures shall ee1BJ3ly with the Califemia Residential Cede. (3789 L'tl8, 3892 12/10) 17.04.030 CBC Chapter l, Section [A] 1113.1 Creation of enforcement agency-Amended: CBC Chapter 1. Section [A] 103.l Creation of enforcement agency is hereby amended to read as follows: [A] 103.1 Creation of enforcement agencv. Department of Community Development Building Division is hereby created and the official in charge thereof shall be known as the building official. 17.04.040 CBC Chapter 1, Subsection IA! 1!14.Hl.1 Flood hazard areas-Amended: CBC Chapter 1. Section [A] l 04. l 0.1 Flood hazard areas is hereby amended to read as follows: 104.10.1 Flood ha:rnnl areas. The Building Official shall not grant modifications to any provision required in flood hazard areas unless a determination has been made in accordance with the Floodplain Overlay District portion of the Huntington Beach Zoning Code Chapter 222. 17.04.0~50 CBC Chapter l, Section [AJ 105.2 Work Exempt From Permit-Amended: Section W 105 .2 Work Exempt from Permit is amended to read in its entirely as follows: [A] 105.2 Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in 159 Legislative Drafts for Ordinance No. 4190 Page 5 of 48 violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, pagodas, gazebos and similar uses, provided the floor area does not exceed 120 square feet. Such structures shall comply with setback and height requirements of the Zoning Subdivision Ordinance and the Fire Code. 2. Masonrv or Concrete ¥fences not over 42 inches hlgh in height above lowest adjacent grade 0l' and all other fences arehiteettlfal feaffifes not exceeding sH< Q feet in height above the lowest adjacent grade and not within required zoning setbacks or subject to review by the Fire Department. Exception: Walls and fences less than 6 feet in height that are required as a condition of project approval. subject to review by the Fire Department. guard system or pool barrier system are required to have permits. 3. Oil derricks and tanks. 4. Retaining walls wllieh de Het SHJlflBrt that are not over twe '!feet sf earth in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IHA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2: 1. 6. Sidewalks, platforms, decks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, are not greater than 5,000 gallons and are installed entirelv above ground. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, other playground equipment and similar type recreational structures accessory to detached one-and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies. supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support iH GroHJl R 3 aHfl U 066\lfJffilSies. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over live 2 feet Hine 2 inches in height. 14. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding 15 feet in height. 15. Re-roofing an area smaller than 100 square feet while satisfying all applicable application requirements. 16. Replacement doors and windows when the waterproofing membrane is not altered and emergency egress dimensions are equal to or better than the original permitted layout. 17. New roof penetrations less than 14" by 14" when no framing modifications or additions are required. 160 Legislative Drafts for Ordinance No. 4190 Page 6 of 48 Unless otherwise provided by this Code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Any of the above items that are located in a Floodplain Overlay District, Enviromnentallv Sensitive Area or subject to a discretionary Planning Division approve! or as otherwise reguired by the Planning Division or any other authority/agency is not exempt from permits. Electrical: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2. Radio and television transmitting stations: The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. 3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 4. Temporary decorative lighting. 5. Replacement of attachment plug receptacles, but not the outlets therefor. 6. Replacement of general use snap switches. 7. Repair or replacement of any overcurrent device of the required capacity in the same location. 8. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 9. The wiring for temporary theater, motion picture or television stage sets. 10. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 11. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code. 12. Non-vehicle-mounted portable generators. 13. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable cooking or clothes drying appliance. 4. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 161 Legislative Drafts for Ordinance No. 4190 Page 7 of 48 2. Portable ventilation equipment or appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less. 8. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: I. The stopping ofleaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 3. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location. Exception: electric and fuel gas water heaters. 4. Replacement of any part that does not alter its approval or make it unsafe. (3789- 1/08, 3892-12/10) 17.04.0~60 CBC Chapter l, Division II, Section [A] 105.3.2 Time Limitation of Application-Amended: CBC Chapter 1, Division II, Section 1A! 105 .3 .2 Time Limitation of Application is amended in its entirely as follows: [Al 105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: I. The applicant shall submit an application every 180 days, accompanied by a plan review extension fee, established by resolution of the City Council. 2. Any plans that remain in plan review over 360 days shall meet all construction standards that are adopted at the time the permit is issued. 3. Plans may not remain in plan review more than 720 days except under extreme situations as approved by the building official. (3789-1/08, 3892-12/10) 17.04.0~70 CBC Chapter 1, Division II, Section [AJ 105.5 Expiration-Amended: CBC Chapter 1, Division II, Section [A] 105.5 Expiration is amended in its entirely as follows: 162 Legislative Drafts for Ordinance No. 4190 Page 8 of 48 [Al 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 180 days 12 months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Work shall be considered suspended or abandoned if substantial approval of one of the required progress inspections is not accomplished every 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefer thereof shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee. The building official is authorized to grant, in writing one or more extensions of time. for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. The fJermittee heldiag an imeiqiired fJermit may awly fer an eicteasiea. The 13uildffig offieial may eittead the time fer aetieas 13y the fJermittee fer a IJeried aet ei<eeedffig 180 days llfl01l ·m·ittea awlieatiea 13y the IJermittee. Permits shall aet fie exteaded mere than oaee eirn6f)t ooder eictreme sitllatiellS aad whea RflflFe'red 13y the !mildiag effieial. (3789- 1/08, 3892-12/10) Time limitation for permit expiration as the result of code enforcement shall he as per notice of violation or as otherwise determined by the Building Official. 17.04.080 CBC Chapter l, Division II, Section !Al 107 Submittal Documents -Added: CBC Chapter 1, Division I!, Section [A] 107 Submittal Documents -· A new Subsection [A] l 07.2. l. l is added to read in its entirely as follows: !Al 107.2.lJ Building Security. The construction drawings shall show conformance with the Building Security provisions in Building Code Chapter 23 as amended in 17.04. 160. 17.04.090 CBC Chapter 1, Division U, Section [Al 107 Submittal Documents -Added: CBC Chapter l, Division II. Section [Al 107 Submittal Documents -A new Subsection [A] 107.2. l.2 is added to read in its entirely as follows: !Al 107.2.l.2 Methane Overlay District. New building construction in the defined methane overlay districts shall complv with the Building Code Chapter 55 as amended in 17.04.170 and with the Huntington Beach Fire Code. 17.04.100 CBC Chapter 1, Division II, Section [A] 107 Submittal Documents -Added: CBC Chapter l, Division U, Section [A] l 07 Submittal Documents -A new Subsection [A] I 07.2.9 is added to read in its entirely as follows: !Al 107.2.9 Soils report. A Soil report shall be submitted with all permit applications for new construction and additions. Soil Reports shall be prepared by a professional engineer licensed by the State to prepare such reports. The Building Official mav waive this 163 Legislative Drafts for Ordinance No. 4190 Page 9 of 48 requirement if he/she finds that the scope of work applied for does not necessitate a soil report. 17.04.@Sl 10 CBC Chapter 1, Division II, Section !Al 109 Fees-Amended: CBC Chapter 1, Division II, Section [A] 109 Fees amended in its entirely as follows: §-[Al 109.1 Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The building official may allow temporary exceptions. §-181109.1.1 Plan review fees. When a plan or other data is required to be submitted a plan review fee .shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan review. Said plan review fees shall be as established by resolution of the City Council. §-181109.1.2 Permit fees. The fee shall be paid at permit issuance. The standard for determination of value or valuation of the project shall be made by the building official and as established by resolution of the City Council. §-fAJ 109.1.3 Miscellaneous service fees. Whenever an application is made for all other services, a fee for the service in an amount established by resolution of the City Council shall be paid to the City. §-181109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by resolution of the City Council. §-181 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official and as established by resolution of the City Council. §-!Al 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by resolution by the City Council that shall be in addition to the required permit fees. §-181109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. 164 Legislative Drafts for Ordinance No. 4190 Page 10 of 48 §--JAi 109.6 Refunds. The building official may authorize the refund of any fee paid hereunder for work that was not performed or for fees that were collected erroneously as established by resolution of the City Council. (3789-1/08, 3892-12/10) 17.04.0J6 CBC ChaflteF 1, Division II, Seetien 111.1 Use and Oeeuf1aney !.mended l'le building er strnemre shall be w.;ed er ee6Uflied, oor shall a ehange in the ei<isting eeeuflant er eeeUfJaney elassifieatien ef a building er strueffire er flertien thereef be made until the building effieial has issued a eertifieate ef eeeUfJaney therefer as flrevided herein. Issuanee ef a eertifieate ef eeeUfJaney shall net ee eenstrued as an apflreval ef a vielatien efthe fJrevisiens efthis Gede er efether erdinanees efthejurisdietien. Th<eefltien: Greufl R, Divisien 2, 3 and U ee6UfJaneies. (3789 1/98, 3892 12/IG, 4 !Ge ~ 17.04.120 CBC Chapter l, Division II, Section [Al 113.1 Board of Appeals general- Amended: CBC Chapter l, Division Section [A] 113. l is hereby amended to read in its entirely as follows: [A] 113.l General. In order to hear and decide appeals of the orders, decisions or determinations made bv the building official relative to the application and interpretation of this code. there shall be and hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copv to the building official. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the appeals board. 17.04.130 CBC Chapter 9 Fire Protection Systems, Section 901.1 Scope-Amended CBC Chapter 9 Fire Protection Systems, Section 901.1 Scope amended to read as follows: Section 901.1 Scope. The provisions of this chapter shall specify where fire protection systems are required and shall apply to the design, installation and operation of fire protection systems. For amended sprinkler requirement, see Huntington Beach Municipal Code, Chapter 17.56 of this Code. (2747-2/85, 3022-12/89, 3305-12/95, 3422-7/99, 3789- 1/08, 3892-12/10) 17.04.140 CBC Chapter 15, Table 1505.1-Amended: CBC Chapter 15, Table l 505. l in Subsection 1505.l of Section 1505 is hereby amended to read as follows: IA IB TABLE 1505.1" MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IIA !IB llIA IIIB IV VA VB 165 B B B G-B B Legislative Drafts for Ordinance No. 4190 Page 11of48 G-B B B G-B For SI: l foot= 304.8 mm, 1 square foot= 0.0929 m 2 . a. Unless otherwise required in accordance with Chapter 7 A 17.04.150 CBC Chapter 15 Subsection 1505.1.3 -Amended: Subsection 1505. 1.3 is amended, bv the deletion of the entire section and the addition of a new section thereto. to read as follows: 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period. the entire roof covering of everv new structure. and any roof covering applied in the alteration. repair or replacement of the roof of every existing structure. shall be a fire-retardant roof covering that is at least Class R 17.04.060 CBC Seetioas 19101\<liaimum Slab PFovisions aad 1910.1 GeneFal f.meaded The thiekness of eon6fete floor slabs SHflflOrted direetly on the groffi!d shall not lie less than 3 1/2 inehes (89 mm), and shall lie flrevided with minilffilffi reinforeing equal to 6 ic 6 ic Wl. 4 ll vn, 4 welded wire faerie SHflflOrted to remain in fllaee from the eenter to Hflfler one third of the slab for the dHFatioa of eonerete fllaeement. (2747 2/85, 2976 12/88, 33()5 12/95, 3422 7/99, 3789 1/()8, 3892 12/1()) 17.04.1)8()160 Chapter 36 Building Security-Added a New Chapter The Building Code is hereby amended by adding thereto new Chapter 36 entitled "Building Security," to read as follows: § 3601. Purpose. The purpose of this chapter is to establish minimum standards of construction for protection against unlawful entry. § 3602. Alternative security provisions. When approved by the building official, site security systems may be provided in lieu of the specific security provisions of Section 3608, "Garages-Multiple dwellings." § 3603. Definitions. For the purpose of this chapter, certain terms used herein are defined as follows: "Cylinder guard" means a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. "Deadlocking latch" means a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. "Dead bolt" means a bolt which has no automatic spring action and which is operated by a key cylinder, thumb tum, or level, and is positively held fast when in the projected position. "Latch" means a device for automatically holding a door shut after being closed. 166 Legislative Drafts for Ordinance No. 4190 Page 12 of 48 "Light" means any glazed opening whether glazed with glass, plastic, metal, wood or composition sheets or panels, or similar materials, and shall include windows, skylights, view ports or view panels and similar openings. § 3604. Entry vision. All main or front entry doors to R occupancies 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 or view port or by window or other opening located and constructed as required by this chapter. Such area shall be provided with a light. § 3605. Doors. A. General. A door forming a part of the enclosure of a dwelling unit or of an area of a building occupied by one tenant shall be constructed, installed, and secured as set forth in this section. B. Swinging doors. 1. Swinging wooden doors which can be opened from the inside without using a key shall be of solid core construction. Lights in doors shall be as set forth in this chapter. 2. A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a dead bolt and deadlocking latch. The dead bolt and latch may be activated by one lock or by individual locks. Dead bolts shall contain hardened inserts, or equivalent, designed to repel cutting tool attack. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device which requires no key, special knowledge or effort. 3. A straight dead bolt shall have a minimum throw of one inch and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt. All dead bolts of locks which automatically activate two or more dead bolts shall embed at least one-half inch but need not exceed three-fourths inch into the holding devices receiving the projected bolts. 4. A deadlocking latch shall be provided with a bolt projecting not less than five- eighths inches from the edge of the door in which it is installed. 5. The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a dead bolt or dead bolts as set forth in subsection (B)(2) above. EXCEPTIONS: a. The bolt or bolts need not be key operated but shall not be otherwise activated, from the exterior side of the door. b. The bolt or bolts may be engaged or disengaged automatically with the dead bolt or by another device on the active leaf or lower leaf. c. Manually-operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt may be used when not prohibited by the Building Code or other laws and regulations. 6. Doorstops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb or joined by a rabbet. 167 Legislative Drafts for Ordinance No. 4190 Page 13 of 48 7. Nonremovable pins shall be used in pin-type hinges which are accessible from the outside when the door is closed. 8. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or when otherwise accessible to gripping tools. 9. Unframed glass doors shall be of fully tempered glass not less than one-half inch thick. 10. Narrow-framed glass doors shall be of fully tempered glass not less than one- quarter inch thick. C. Sliding glass doors. Sliding glass doors shall be equipped with locking devices. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. § 3606. Windows, or other openings. A. General. Windows, or other similar openings shall be constructed, installed and secured as set forth in this section. B. Materials. Only fully-tempered glass or approved metal bars, screens, or grills shall be used for any opening in which glass is utilized which is located within 40 inches of the locking device on a door. C. Locking devices. All windows or other openings which are designed to be opened shall be provided with locking devices. § 3608. Garages-Multiple dwellings. Whenever a development includes three or more dwelling units, all covered parking required by other provisions of the Huntington Beach Municipal Code shall be provided by fully-enclosed garages. Garage space for each tenant shall be separated by partitions of three-eighths-inch plywood or any approved equivalent with studs set not more than 24 inches apart on one side. Doors and windows in such garages shall be constructed, equipped and secured as required by this chapter. (2747-2/85, 2787-9/85, 2976-12/88, 3022-12/89, 3305-12/95, 3422-7/99, 3573-10/02) 17.04.98S170 Chapter 55 Methane District Regulations -Added a new Chapter The Building Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows: § 5501. Purpose. This Division sets forth the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts. It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts. § 5502. Definitions. For the purposes of this division, the following definitions shall also be applied. A. Flammable Gas shall mean any gaseous substance capable of sustaining combustion or explosion. 168 Legislative Drafts for Ordinance No. 4190 Page 14 of 48 B. Gas Detection System shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists. A part of the system shall be subject to building the system and all devices which are department and Fire Department approved. C. Methane Gas shall mean the hydrocarbon substance commonly known as "natural gas," chemical formula CH4. For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of the application of the provisions of this chapter. D. Methane Gas Overlay District shall mean those districts within the City of Huntington Beach as defined in Section 5503. E. Qualified Engineer shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control systems. F. Vent System shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. § 5503. Overlay Districts. Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts," which is on file with the Fire Department. The Methane District boundaries are as follows. Note that the directions of north, south, east, west, and similar directions are general in nature only. District One: Saybrook Lane south from Edinger Avenue to Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, east on Warner Avenue to Bolsa Chica Street, north on Bolsa Chica Street to Edinger A venue, west on Edinger A venue to Saybrook Lane. District Two: All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary northeast to Edwards Street, Edwards Street north to Slater A venue, Slater A venue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. § 5504. Plan Required. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department. The Fire Chief may require a plan for the testing of site soils for the presence of methane gas. Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes, pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas. The Fire Chief may require other actions as deemed necessary to ensure the safety of the development or building site. 169 Legislative Drafts for Ordinance No. 4190 Page 15 of 48 § 5505. Testing Required. Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis. § 5506. Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells, underground gathering and collection systems for gasses, vent systems, and flared vent systems. Other systems, devices, or components may be required as deemed necessary by the Fire Chief in order to ensure the safety of the development and buildings. If the mitigation measure does not reduce the soil concentrations of methane to an acceptable level, or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards. § 5507. Isolation Barriers Required. New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier, and shall be a type approved by the Fire Department. § 5508. Access. All methane gas mitigation systems required by this article shall be made accessible to City personnel for the purposes of monitoring, maintenance, and evaluation for effectiveness. § 5509. Areas Outside of Established Methane Overlay District Boundaries. Upon the determination of the Fire Department that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations. § 5510. Additional Remedial Measures. If the concentration of flammable gas in any building in the City reaches or exceeds 25% of the minimum concentration which form an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures. Such measures shall be subject to the approval of the Fire Department. (3004- 8/89, 3022-12/89, 3422-7/99) 170 SECTION3 Sections: 17,07,010 17,07,020 ! 7,07,030 l 7,07,040 !7,07,050 17,07,060 17,07,070 J 7,07,080 l 7,07,090 17,07JOO 17,07,] l 0 J 7,07J20 ! 7,07J30 J 7,07J40 l 7,07J50 17,07,] 60 J7,07J70 l 7,07J 80 J 7,07J90 l 7,07200 17,07210 Legislative Drafts for Ordinance No, 4190 Page 16 of 48 Chapter 17.07 RESIDENTIAL CODE Adoption of the 2019 California Residential Code Section R l 0I,1 -amended Section RI 03, I -amended Section RI05,2 -amended Section Rl 05,3,l J -deleted Section Rl05,3,2-amended Section Rl 05,5 -amended Section R l 06, L6 -added Section Rl 06, l, 7 -added Section Rl06,L8 -added Section R l 08 -amended Section RI 12, I -amended Section R30 l J ,3 2 _, amended Table R30L2(1)-amended Footnote g to Table R30L2(l)-amended Section R3 l3J amended Section R3 I 3 2 -amended Section R322 -amended Section 902 -deleted and replaced Chapter 36 Building Security -added Chapter 55 Methane District Regulations -added 17.07.0;Mrn} Adoption There is hereby aElej'lted !Jy the City Gellfleil !Jy referenee that eertain eede lmevm as the 2016 Galifemia Residential Gede, and the whele thereef, inelliding lqij'lenEliit H, entitled "Patie Gevers," and eiteej'lting all ether aflfl6Rdiees save and eiteej'lt these pertiens as are hereafter meElified er amended, The 2019 California Residential Code. and whole thereof. including Appendix H. entitled "Patio Covers". Appendix V. entitled "Swimming Pool Safety Act", and all national codes and standards referenced therein (codified in Part 2,5 of Title 24 of the California Code of Regulations), as published bv the International Code Council and the California Building Standards Commission. is hereby adopted bv reference. subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code, Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq,, and Health and Safety Code Section 189415, as though fully set forth at length herein, for the purpose of regulating and administering the erection, 171 Legislative Drafts for Ordinance No. 4190 Page 17 of48 construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of residential one-and two-family dwellings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. (3894-12/10, 3995-12/13, 4108-12116 xxxx-l 2/19) 17.07.0.W20 CRC Section RIOI.1-Amended CRC Chapter 1, Section RlOl.1 is hereby amended to read as follows: R10L1 Title. This ehapter These provisions shall be known as the "Hm:itingten Beaeh Residential Cede," Residential Code !Or One-and Two-familv Dwellings of Huntington Beach. may be cited as such, and will be referred to herein as "this Code." (3 894-12/10) 17.07.0~30 CRC Chapter I, Division II, Section R103.1 Enforcement Agency-Amended CRC Chapter 1, Division II, Section R103.l Enforcement Agency is hereby amended to read as follows: Rl03.1 Enforcement Agency. The Department of Community Development Building Division is the enfereing ageney fer these previsiens is hereby created and the official in charge thereof shall be known as the building official. (3894-12/10, 4108-12/16) 17.07.040 CRC Chapter I, Division II, Section RlOS.2 Work Exempt From Permit- Amended CRC Chapter 1, Division II, Section Rl 05 .2 Work Exempt From Permit is hereby amended to read as follows: RIOS.2 Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: Building: 1. One-story detached accessory structures used as tool and storage sheds, playhouses, pagodas, gazebos and similar uses, provided the floor area does not exceed 120 square feet. Such structures shall comply with setback and height requirements of the Zoning Subdivision Ordinance and the Fire Code. 2. Masonry or Concrete ¥fences not over 42 inches high in height above lowest adjacent grade er and all other fences arelliteetaEal features not exceeding sii. §.feet in height above the lowest adjacent grade and not within required zoning setbacks or subject to review bv the Fire Department. Exception: Walls and fences less than 6 feet in height that are required as a condition of project approval, subject to review by the Fire Department. guard system or pool barrier system are required to have permits. 3. Oil derricks and tanks. 172 Legislative Drafts for Ordinance No. 4190 Page 18 of 48 4. Retaining walls whieh de net sappert that are not over twe :I: feet ef earth in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1. 6. Sidewalks, platforms, decks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and not part of an accessible route. 7. Painting, papering, filing, carpeting, cabinets, counter tops and similar finish work. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, are not greater than 5.000 gallons and are installed entirelv above ground. 9. Temporary motion picture, television and theater stage sets and scenery. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, other playground equipment and similar type recreational structures accessory to detached one-and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support in Greap R 3 and U eeeHpaneies. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over H¥e 2 feet nine 2 inches in height. 14. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding 15 feet in height. 15. Re-roofing an area smaller than 100 square feet while satisfying all applicable application requirements. 16. Replacement doors and windows when the waterproofing membrane is not altered and emergency egress dimensions are equal to or better than the original permitted layout. 17. New roof penetrations less than 14" by 14" when no framing modifications or additions are required. Unless provided by this Code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Any of the above items that are located in a Floodplain Overlay District. Environmentally Sensitive Area or subject to a discretionarv Planning Division approve! or as otherwise required by the Planning Division or anv other authority/agency is not exempt from Electrical: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2. Radio and television transmitting stations: The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do 173 Legislative Drafts for Ordinance No. 4190 Page 19 of 48 apply to equipment and wiring for a power supply and the installations of towers and antennas. 3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 4. Temporary decorative lighting. 5. Replacement of attachment plug receptacles, but not the outlets therefor. 6. Replacement of general use snap switches. 7. Repair or replacement of any overcurrent device of the required capacity in the same location. 8. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 9. The wiring for temporary theater, motion picture or television stage sets. 10. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 11. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code. 12. Non-vehicle-mounted portable generators. 13. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Gas: 1. Portable heating appliance. 2. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. 3. Portable cooking or clothes drying appliance. 4. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. Portable ventilation equipment or appliances. 3. Portable cooling unit. 4. Stearn, hot or chilled water piping within any heating or cooling equipment regulated by this Code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of 1 horsepower (746 W) or less. 8. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Plumbing: 1. The stopping ofleaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new 174 Legislative Drafts for Ordinance No. 4190 Page20 of 48 material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 3. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location. Exception: electric and fuel gas water heaters. 4. Replacement of any part that does not alter its approval or make it unsafe. (3894- 12/10) 17.07.04S50 CRC Chapter 1, Division II, Section R105.3.1.l-Deleted CRC Chapter 1, Division II, Section Rl05.3.l.l, Determination of substantially improved or substantially damaged existing buildings in flood hazard areas, is hereby deleted. (3894- 12/10) 17.07.0S060 CRC Chapter 1, Division II, Section R105.3.2 Time Limitation of Application- Amended CRC Chapter 1, Division II, Section RI 05 .3 .2 Time Limitation of Application is amended to read as follows: R105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: 1. The applicant shall submit an application every 180 days, accompanied by a plan review extension fee, established by resolution of the City Council. 2. Any plans that remain in plan review over 360 days shall meet all construction standards that are adopted at the time the permit is issued. 3. Plans may not remain in plan review more than 720 days except under extreme situations as approved by the building official. (3894-12/10) 17.07.0SS70 CRC Chapter 1, Division II, Section R105.5 Expiration-Amended CRC Chapter 1, Division II, Section Rl05.5 Expiration is amended to read as follows: R105.5 Expiration. Every permit issued shall become invalid unless the work en the site authorized by such permit is commenced within 180 days 12 months after its issuance;-fil if the werk affill.eri~ed en the site by st1eh permit is st1spended er aliandened fer a peried ef or after commencement of work if more than 180 days after the time the werk is eemmeneed pass between inspections. Work shall be considered suspended or abandoned if substantial approval of one of the required progress inspections is not accomplished every 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee 175 Legislative Drafts for Ordinance No. 4190 Page2I of 4S shall pay a new full permit fee. The building official is authorized to grant, in writing one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. The ]'leflllittee holdiag an ooeiqiired J'lefl!lit may a]'lply fer an eirteHsioa. The eaildiag offieial may eirteHd the time fer aetioas ey the peflllittee fer a period Hot eirneeffing 189 days li]'lOH 'Nl'itteH lij'lj'liieatieH ey the pefl!littee. Pefl!litS shall Het ee eirteaded more than onee eirn0]'lt ooaer eirtreme simatioHS and whoo ilfl]'lfeved ey the eailffing effieial. (3894- 12/10) Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official. 17,117.080 CRC Chapter 1, Division U, Section R106 Construction Documents -Added: CRC Chapter l. Division II. Section Rl 06 Constrnction Documents a new Subsection R 106.1.6 is added to read in its entirely as follows: Rl06.L6 Building Security. The constrnction drawings shall show conformance with the Building Security provisions in Building Code Chapter 36 as amended in 17.04.080. 17.()7.090 CRC Cl:mpter 1, Division II, Section R106 Constrnction Documents -Added: CRC Chapter l, Division I!, Section Rl 06 Construction Documents a new Subsection Rl 06.1. 7 is added to read in its entirely as follows: RHl6.1.7 Methane Overlay District. New building constrnction in the defined methane overlay districts shall comply with the Building Code Chapter 55 as amended in 17.04.085 and with the Huntington Beach Fire Code. 17.07.100 CRC Chapter 1, Division H, Section R106 Construction Documents -Added: CRC Chapter I, Division II, Section RI 06 Construction Documents a new Subsection Rl 06.1.8 is added to read in its entirely as follows: R106.1.8 Soils report. A Soil report shall be submitted with all permit applications for new constrnction and additions. Soil Reports sball be prepared by a professional engineer licensed by the State to prepare such reports. The Building Official may waive this requirement if he/she finds that tbe scope of work applied for does not necessitate a soil report. I 7.07.9-+Sl 10 CRC Chapter 1, Division II, Section RIOS Fees-Amended Chapter l. Division IL Section l 08 is herebv amended to read in its entire!v as: § RIOS.I Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The building official may allow temporary exceptions. 176 Legislative Drafts for Ordinance No. 4190 Page22 of 48 § Rl08.l.1 Plan review fees. When a plan or other data is required to be submitted, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan review. Said plan review fees shall be established by resolution of the City Council. § R108.1.2 Permit fees. The fee shall be paid at permit issuance. The standard for determination of value or valuation of the project shall be made by the building official and as established by resolution of the City Council. § Rl08.1.3 Miscellaneous service fees. Whenever an application is made for all other services, a fee for the service in an amount established by resolution of the City Council shall be paid to the City. § R108.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by resolution of the City Council. § R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official and established by resolution of the City Council. § R108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by resolution by the City Council that shall be in addition to the required permit fees. § Rl08.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. § R108.6 Refunds. The building official may authorize the refund of any fee paid hereunder for work that was not performed or for fees that were collected erroneously as established by resolution of the City Council. (3894-12/10) 17.1)7.120 CRC Chapter 1, Section R112.1 Board of Appeals General-Amended: CRC Chapter!, Section Rl 12.l is hereby amended to read in its entirely as follows: R112.1 General. In order to hear and decide appeals of the orders. decisions or determinations made by the building official relative to the application and interpretation 177 Legislative Drafts for Ordinance No. 4190 Page23 of 48 of this code, there shall be and herebv created a board of appeals. The board of appeals shall be appointed by the Citv Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Depending on the subject of the appeaL specialized expertise may be solicited for the purpose of providing input to the appeals board. 17.07.06S130 CRC Chapter 3, Section R301.1.3.2 Engineered Design-Amended CRC Subsection R30l.l.3.2 is hereby amended to read in its entirely as follows: The lrniltlillg offieial shall rnEtffire eonstmetion doe1llllents to lie apfJFoved and stamped lly a California lieensed arehiteet or engineer for all dwellings of woodframe eonstmetion more than two stories and easement in height loeated in Seismie Design Category A, B, or C. l'!otvfithstanding other seetions of the law, the law estalllishlng these provisions is found in Business and Professions Code Seetions 5537 and 6737.1. R301.1.3.2. Woodframe structures greater than two-stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodfi:ame construction more than ene two stery stories in height or with basement loeated in Seismie Design Category DQ, DI, D2, or B. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Section 5537 and 6737.1. (3894-12/10) 17.07.trn)140 CRC Chapter 3, Table R301.2(1) Climatic and Geographic Design Criteria- Amended TABLE R301.2(1) WIND DESIGN SUBJECT TO DAMAGE FROM GROUND SEISMJC FROST WINTER ICEBARRlER FLOOD AIR SNOW SPEED d TOPOGRAPHIC DESIGN LINE DESIGN UNDERLAYMENT HAZARDS FREEZING LOAD0 EFFECTSk CATEGORY WEATHERING' DEPTII TERMJTE' TEMPe REQUIREDh g INDEXi (mph) b D2 orE See Zero ~110 No Negligible 12-24" Very Heavy 43 No 0 Footnote g MANUAL J D:ESIGN CRITERIAn MEAN ANNUAL TEMPi 60 Summer Altitude Indoor Design Design Ii eating Elevation Latitude Winter l-Ieating Cooling Correction Temperature Temperature Ten1perature Factor Coolinf! Difference 40 34 41 80 l.00 70 75 Cooling \Vind Velocity Wind Velocity Coincident Wet \Vinter Sun1mer Ten1perature I-I eating Cooling Bulb Daily Range I-Jumidity Bun1idity Difference 7 68 14 5 75 178 Legislative Drafts for Ordinance No. 4190 Page 24 of 48 For SI: 1 Jloumi Jler s<iuare foot-Q.Q479 kPa, 1 mile Jler hour -Q.447 mis. a. Weathering may retj-Uire a higher strength eonerete or graE!e of masoary thaa aeeessary to satisfy the struetural requirements of this CoE!e. The weathering eollllIIH shall be filled in with the W'3atheriag iaE!eit (i.e., "Hegligi\Jle," "moderate" or "severe") for eoHerete as E!etermiaeE! from the Weathering Probability Majl [Figure R3Ql.2(3)]. The graE!e of masoary llllits shall be E!etermiaeE! from ASTM C 34, C 55, C 02, C 73, C 9(), C 129, C 145, C 210 or C 052. b. The frost line E!ejlth may retj-Uire Ele6Jler footiHgs thaa imiieateE! in Figure R4Q3.1(1). The jurisE!ietioH shall fill in the frost !iHe Elejlth eoluma vffih the mimmura E!6jlth of footing below finish graE!e. e. The jurisaietiol! shall filj ill this jlart of the table to inaieate the neea for jlroteetioll EleJlenE!ing on whether there has been a history of loeal su\Jterraneaa termite E!amage. El. The jurisE!ietion shall fill in this jlart of the table "vith the wffiE! SJleeE! from the basie winE! SJleeE! maJl [Figure R3Ql.2(4l£Bt1]. WinE! eilJlosure eategory shall be E!etermineE! on a site Sjleeifie basis in aeeorE!aaee with Seetion R3Ql.2.l.4. e. Teffijleratures shall be JlermitteE! to refleet loeal elirnates or loeal weather eitjlerienee as E!etermineE! by the bui!E!ing offieial. f. The jurisE!ietion shall fill in this jlart of the table with the seismie E!esigu eategory E!etermineE! from Seetion R3Ql.2.2.l. g. The jurisE!ietien shall fill ia this jlart efthe table with (a) the Elate of the jurisE!ietien's entry into the "1'/ational FleeE! Insuraaee Program (Elate of aE!ejltion efthe first eeE!e er erE!inaaee for management of fleeE! hazard areas), (\J) the E!ate(s) of the FleeE! Insuraaee SmE!y aaE! (e) the Jlaael llllffihers aaE! Elates of all eurrently effeetive FIRMs aaE! FBFMs or ether flooE! hazard maJl aE!ejlteE! by the autherity having jurisE!ietion, as ameHE!eE!. (a) The City entered NFIP in 1983 (aE!ejlteE! fleeE! regulations en Mareh IQ, 1981). (ll) Latest floeE! insuraaee stuE!y was on Deeember 3, 2QQ9. (e) The Jlaael llllffihers aaE! Elates of all effeetive FIRMs aaE! FBFMs, effeetive Elate shall be Deeember 3, 2QQ9: 1. 1185 ii. 1195 111. 2275 IY. 2295 Y. 2315 Vi. 2325 vii. 2335 '1111. 2345 Ill. 2415 )[, 2425 lll. 2445 idi. 2515 lHH. 2535 lHV. 2015 179 xv. 2625 KYi. 2635 Kvii. 2645 Legislative Drafts for Ordinance No. 4190 Page 25 of 48 h. Ill aeeeFCianee with Seetiens R905.2.7.1 R905.l.2, R905.4.3.1, R905.5.3.l, R905.6.3.l, R905.7.3.1 and R905.8.3.l, where there has lieen a histery efleeal damage frem the effeets ef iee damming, the jurisdietien shall fill in this part efthe talile vfith "YES." Otherwise, the jurisffietien shall fill in this part efthe talile w1th "NO." L The jw-isdietien shall fill in this part sf the taale with the HlO year retl.-IFB peried air freezing indeic (BF days) frem Figare R4 03 . 3 (2) er fr em the 100 year (99%) valae en the Natienal Glimatie Data Genter data talile '\'\ir Freezing lndeic USA Methed (Base 32°)" at www.nede.neaa.gev!fpsf.html. J. The jurisdietien shall fill in this part ef the talile with the mean annual temperatare frem the Natienal Glimatie Data Genter data talile "Air Freezing llldeK USA Methed (Base 32°F)" at \H'P.v.nede.neaa.gev/fpsf.html. k. In aeeerdanee ·;,4th Seetien R301.2.1.5, where there is leeal histerieal data deeamenting stmetaral damage te liaildings dae te tepegraphie vfind speed ap effeets, the jurisffietien shall fill in this part ef the talile vfith "YES." Othervfise, the jurisdietien shall indieate "NO" in this part efthe talile. (3894 12!10) 17.07.ISOAmendment to Table R301.2(1) Footnote g. Table R301.2(1) footnote g is amended to read as follows: Section Table R301.2(1) Footnote g. For the latest information regarding City's FIRM Maps for Flood Hazard Locations, City's entry into the National Flood Insurance Program. dates of the Flood Insurance Study. and Panel Numbers (copies of which are on file in the Office of the City's Community Development Department) visit Flood Information section in the Community Development Home Page at: https://www.huntingtonbeachca.gov/government/departments/planning/flood/index.cfm 17.07.0'n160 CRC Chapter 3, Section R313.1 Townhouse Automatic Fire Sprinkler Systems, Exeeption Amended R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses per Huntington Beach Fire Code Chapter 17.56. Exception: For additions and alterations to existing townhomes, see Huntington Beach Munieipal Fire Code Chapter 17.56. (3894-12/10) 17.07.™170 CRC Chapter 3, Section R313.2 One-and Two-Family Dwellings Automatic Fire Sprinkler Systems, Exeeption Amended. R313.2 One-and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one-and two-family dwellings per Huntington Beach Fire Code Chapter 17 .56. 180 Legislative Drafts for Ordinance No. 4190 Page26 of 48 Exception: For additions and alterations to existing one-and two-family dwellings, see Huntington Beach J>.fullieipal Fire Code Chapter 17.56. (3894-12/10) 17.07.180 CRC Section R322.l Flood-Resistant Constmction General-Amended: Section R322. l General is hereby amended to read as follows: R322J General. Buildings and structures constructed in whole or in part in flood hazard areas. including A or V Zones and Coastal A Zones, as established in Table R301.20\ and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas. shall be designed and constructed in accordance with the most restrictive provisions contained in the Floodplain Overlay District in the Zoning and Subdivision Ordinance Chapter 222, Local Coastal Program or this section. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodwavs shall be designed and constructed in accordance with ASCE 24. 17.07.07§ CRC ChapteF J, Seetien R40J.l.J Seismie ReinfeFeing, Exeeptien Deleted CRC Chapter 3, Seetisn R4 03 .1.3 Seismie R~inffireing, Bi<eeptisn is hereby deleted. (3894 12/10) 17.07.080 CRC ChapteF 4, Seetien R40S.1 CeneFete OF Masemy Feundatiens, Exeeptien Deleted CR-C Chaflter 4, Seetisn R403.l Csnerete er Mass!lfy Fs1111Eiatisns, Bi<eeptisn is hereby deleted. (3894 12/10) 17.07.086 CRC ChapteF S, Seetien RSOG.1 CeneFal Amended Csoorete slab en grsood flssrs shell lie a mirn!ffilffi 3 5 inehes (89 mm) thiek and shell lie prsvit!et! w-ith minimwn reinfureing eCIUal ts e x e ll 'NI .4 welded wire faerie (fur ei(flansive sails, see Seetisn R403.l.8). The speeifiea esffifJressi"ve strength sf esnerete shall lie as set furth in Seetisn R4 02.2. (3 894 12/10) 17.07.190 Section R902 Fire Classification-Deleted Section R902 is amended in its entirety and replaced by California Building Code Section l 505 as amended m Huntington Beach Municipal Code Sections 17.04.140 through 17.04.150. 17.07.090200 Chapter 45 Building Security-Added 181 Legislative Drafts for Ordinance No. 4190 Page 27 of 48 The Residential Code is hereby amended by adding thereto new Chapter 45 entitled, "Building Security," to read as follows: Building Security shall comply with Building Code Chapter 36 as amended in 17.04.160. § 3<i91. PuFpese. The pllfflose of this ehapter is to establish miaiffillffi standards of eoastruetioa fer proteetioa agaiHst lllllawful eatry. § 3692. A-lternative seeRrity Jlrevisions. WheH approves liy the lffiilE!iHg effieial, site seeurity systems may lie previE!eE! iH lieu of the speeifie seeurity previsieas of Seetiea 36()8, "Garages Mult~le E!-welliHgs." § 3693. Definitiens. For the pHffJese of this ehapter, eertaia terms useE! hereia are defiaeE! as fellows: "CyliaE!er guard" meaas a hardeHeE! riag surrooodiag the el(posed portion of the leek eyliader er ether E!eviee whiefi is so fastened as to preteet the eyliader from wreaehffig, pryiag, euttiag er plliliHg liy attaek tools. "Deadloekiag lateh" means a lateh ia ·Nhiefi the lateh liolt is positively held iH the projeeteE! pesitiea liy a guard liolt, plunger or awdliary meehaaism. "DeaE! belt" meaas a liolt whleh has ao autematie spriag aetion aaE! whleh is operated liy a key eylinE!er, thumb tum, or level, aad is positively held fast vffiea ia the projeeteE! pesitioa. "Lateh" meaas a deviee fer autematieally heldiHg a door shut after lieiHg eleseE!. "Light" meaas any gla>"ed opeaiag whether gla>"ed with glass, plastie, metal, wood or eempesitiea sheets or paaels, er similar materials, anE! shall ineluE!e v.V.ndows, skylights, view ports or view paaels aad similar openiags. § 3694. Entry yision. All maia or froat entry doors to R oeeupaaeies shall lie arranged so that the oeeupaat has a viev.· of the area immediately outside witheut epeaiag the E!eer. Sueh view may lie provided liy a doer viewer er view port er liy window er other epeaiag loeated aaE! eonstrueted as reE!l±ireE! liy this ehapter. Sueh area shall lie pro'rided vrith a lighh § 369S. Deers. D. General. A doer fermiag apart efthe eaelosure ofa dwelliag llllit or of an area ef a liui!E!ing oeeHJlieE! liy one teaant shall lie eoastrueted, iastalleE!, aad seeured as set forth in this seetioa. B. Swinging deers. rn. Swinging woodea doors whleh ean lie opeaeE! from the inside without using a key shall lie of solid eore eoastruetioa. Lights in E!oors shall lie as set forth ia thls efiapter. 11. A siagle swffigiag E!oor, the aetive leaf of a pair of E!oors, and the bottom leaf of Duteh doors shall lie ellll~eE! ·;,4th a dead liolt and deadloekiHg latefi. The E!ead liolt aad lateh may lie aetivateE! liy one loek or liy iadividual leeks. Dead bolts shall eoataia hardeaed iaserts, or eEtllivaleHt, desigaed to repel euttiag tool attaek. The leek or leeks shall lie key operated from the ei<terior side of the door 182 Legislative Drafts for Ordinance No. 4190 Page28 of 48 and engaged or disengaged from the interior side of the door by a deviee vffiieh requires no key, Sj'leeial lrnovAedge or effort. 12. f, straight dead bolt shall have a mininmm throw of one ineh and the embedment shall be not less than five eighths ineh into the holding deviee reeeiving the j'lrojeeted bolt. All dead bolts of loeks wh-ieh aatomatieally aetivate two or more dead bolts shall embed at least one half ineh but need not ~meed three fourths ineh into the holding devises reeeiving the J3rojeeted bolts. 13. A deaEiloeking lateh shall be J'lfO\'iEied with a bolt j'lrojeeting oot less than five eighths inehes from the edge of the door in wh-ieh it is installed. 14. The inaetive leaf of a j'lair of doors and the UJ3J3er leaf of Duteh doors shall be equifiied with a dead bolt or dead bolts as set forth in subseetion (B)(2) above. EXCEPTIONS: d. The bolt or bolts need not be key oj'lerated but shall not be otherwise aetivated, from the eicterior side of the door. e. The bolt or bolts may be engaged or disengaged automatieally with the dead bolt or by another deviee on the aetive leaf or lower leaf. f. Manually OJ3erated hardened bolts at the toj'l and bottom of the leaf and wh-ieh emlied a min-illlUlll of one half ineh into the deo1iee reeeiv-ing the j'lrojeeted bolt may be used vffien not j'lrohlbited by the Building Code or other laws and regulations. 15. Doorstoj'ls on wooden jambs for in swinging doors shall be of one j'lieee eonstruetion with the jamb or joined by a rabbet. l 0. l'lornemovable j'lins shall be used in j'liH tyj'le hinges vffiieh are aeeessible from the outside when the door is elosed. 17. Cylinder guards shall be installed on all mortise or rim tyj'le eylinder loeks installed in doors vffienever the eylinder j'lrojeets beyond the faee of the door or wheo otherwise aeeessible to grifiimg toels. 18. Unframed glass doors shall be of fully temj'lered glass not less than one half inehthlek. 10. Narrow framed glass doors shall be of fully telllj'lered glass not less than one quarter ineh thiek. F. Slidiug glass dooFs. ~Hiding glass doors shall be et:ju-ij'lj'led with loek-ing deo1iees. Cylinder guards shall be installed on all mortise or rim tyj'le eylinder loeks installed in doors whene>1er the eylinder J3roj eets beyond the faee of the door or is othe1vrise aeeessible to grij'lj'ling tools. § 3606. Wiudows, OF otheF OJ3eBiBgs. D. GeneFal. Windows, or other similar Oj'lenings shall be eonstrueted, installed and seeured as set forth in this seetion. B. Materials. Only fully temj'lered glass or aj'lj'lroved metal bars, sereens, or grills shall be used for any OJ3emng in whleh glass is utilined 'Nh-ieh is loeated vrithln 4 0 inehes of the loek-ing deoliee on a door. F. Loelaug de>1•iees. All windows or other OJ3emngs wh-ieh are designed to be OJ3ened shall be J3rovided with loek-ing devises. 183 Legislative Drafts for Ordinance No. 4190 Page 29 of 48 § ~608. Garages l\lultiple dwellings. Whenever a eevelejlment ineluees three er mere dwelling units, all eeveree jlarking reEtHiree lly ether jlrevisiens sf the Huntingten Beaeh .1-.<!unieifial Cede shall Ile Jlrevieee lly fully enelesee garages. Garage SJlaee fer eaeh tenant shall Ile Sef!aratee lly partitiens efthree eighths ineh Jllyweee er any aJJJlrsvee eEjllivalent with stiles set net mere than 24 inehes ajlart en sne side. Deers and wineev1S in stieh garages shall Ile eenstmetee, eE!llifJJlee and seemed as reEtHiree lly this ehapter. (3995 12/13) 17.07.210 Methane District Reg11iations -Added The Residential Code is hereby amended by adding thereto new Chapter 5 5 entitled "Methane District Regulations" to read as follows: Projects in Methane District shall comply with Building Code Chapter 55 as amended in J 7.04.170 and with the Huntington Beach Fire Code. 184 SECTION4 Sections: 17.40.010 17.40.020 17.40.030 17.40.010 Adoption Legislative Drafts for Ordinance No. 4190 Page 30 of 48 Chapter 17.40 MECHANICAL CODE Adoption of the 2019 California Mechanical Code Section 10 !. l ·-amended Chapter l deleted and replaced with CBC Chapter l, Division II There is hereby adopted ey the City Comieil ey refureaee that eertaia eo de YdlOWll as the 2016 Califernia Meehaaieal Cede, aa4 the whole thereef, iaeladiag Appeadiees A, B, aad C, eirnept as hereiaafier provided em eirnladillg Chapters 1 aa4 14 thereof. The 2019 California Mechanical Code, and whole thereof. including Appendices A. B, and C. except as hereinafter provided but excluding Chapters I and 14 thereof (codified in Part 4 of Title 24 of the California Code of Regulations). as published by the International Code Council and the California Building Standards Commission. is hereby adopted by reference. subject to the amendments. deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (2747-6/85, 2976-12/88, 3022-12/89, 3147-7/92, 3312-2/96, 3425-7/99, 3574- 10/02, 3790-1/08, 3895-12/10, 3999-12/13, 4110-12/16 xxxx-12/19) 17.40.020 Title CMC Chapter 1, Subseetioa Section 101.1 is hereby amended to read as follows: HH.1 Title. This ehapter document shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this Code." (1938-10/74, 2431-7/80, 2747-6/85) 17.40.0i§.30 Administration -Amended For administrative provisioas efthe eoE!e see Chapter 1 of the Heatiagtoa Beaeh Bai!Elilig Gede The administrative provisions shall be as provided for in the California Building 185 Legislative Drafts for Ordinance No. 4190 Page31of48 Code. Chapter l Division II, Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. (3892-12/10) 186 SECTIONS Sections: 17.44.010 17.44.020 17.44.030 17.44.040 17.44.010 Adoption Legislative Drafts for Ordinance No. 4190 Page 32 of 48 Chapter 17.44 PLUMBING CODE Adoption of the 2019 California Plumbing Code Section l 01. l -amended Chapter l deleted and replaced with CBC Chapter 1, Division II Section 312.l -amended There is hereby adopted \Jy the City Coooeil \Jy referenee that eertain eode knowfl as the 2916 California Plum\Jing Code, and the vmole thereof, ineluding Appendiees A, D, E, anci I eirnept as hereafter provided, \Jut ~rnlml-ing Chapter 1, entitled "f,dministration." The 2019 California Plumbing Code. and whole thereof. including Appendices A D. E, and l, except as hereinafter provided. but excluding Chapters l, entitled "Administration" (codified in Part 5 of Title 24 of the California Code of Regulations). as published by the International Code Council and the California Building Standards Commission. is hereby adopted bv reference, subject to the amendments. deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 as fully as though set forth at length herein for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of plumbing and drainage systems. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. (1937-10/74, 2089-8/76, 2431-7/80, 2747-2/85, 2976-12/88, 3022-12/89, 3147-7/92, 3426-7/99, 3790-1/08, 3896-12/10, 4000-12/13, 4111-12/16 xxxx-12/19) 17.44.020 Title CPC Chapter 1, 8u\Jseetien Section 101.1 is hereby amended to read as follows: Hll.1 Title. This ehapter document shall be known as the "Huntington Beach Plumbing Code," may be cited as such, and will be referred to herein as "this Code." (1409-5/68, 1630-2/71, 1937-10/74, 2431-7/80, 2747-2/85, 2976-12/88) 17.44.0~30 Administration For administrative previsions ofthis Cede, see Chapter 1 of the Hmltington Beaeh Beilding Gede The administrative provisions shall be as provided for in the California Building 187 Legislative Drafts for Ordinance No. 4190 Page 33 of 48 Code, Chapter l Division IL Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. (3896-12/10) 17.44.02S Seetion 422.S Toilet Faeilities foF 'Workers Seetien 422.5 is he!'eby amended by adding the fellev.4ng: 422.S Toilet facilities for workers. Smtaale teilet faeilities shall be previded and maintained iR a sanitary eendition for the \else of workers dming eensffiletion. Sooh toilet faeilities shall be leeated \iflSR er v.4thin a reasenable distanee ef the let, premises, er site \ifleR whieh S\ieh werk is being dene. In ne ease shall the line eftravel te any tei!et faeility eireeed 5 00 feet. (3147 7/92, 3575 10/02, 3790 1/08, 3896 12/10, 4000 12/13) 17.44.0~4() Section 312 !\ilaterials Protection of Piping, Materials am! Strnctnres Section 312.1 of Section 312 of CPC is hereby amended to read in its entirety as follows: Preteetien ef piping, materials and str\ietures Section 312.1 General. All underground copper piping and PEX tubing installed in a potable water system throughout the City limits must be completely sleeved with a minimum six millimeter polyvinyl sleeve. (3147-7/92, 3309-12/95, 3426-7/99, 3575- 10/02, 3790-1/08, 3896-12/10, 4000-12/13) 188 SECTION6 Legislative Drafts for Ordinance No. 4190 Page 34 of 48 Chapter 17.46 SWIMMING POOL, SPA AND HOT TUB CODE Sections: 17.46.010 17.46.020 17.46.030 17.46.040 17.46.050 17.46.060 17.46.070 17.46.080 17.46.090 17.46.010 Adoption Adoption of the 2018 Uniform Swinnning Pool, Spa and Hot Tub Code Section JO l.1 -amended Chapter l deleted and replaced with CBC Chapter l, Division II Section 108 -added Chapter 2 Definitions --added Subsection 301.2.4 -amended Section 402.2 -amended Section 512.l -amended Section 803 -deleted and replaced There is hereby adopted by the City Council by reference that certain code known as the Uniform Swimming Pool, Spa and Hot Tub Code (USPSHTC), compiled by the International Association of Plumbing and Mechanical Officials, being particularly the ~ 2018 edition thereof and the whole thereof, except as hereafter provided excluding Chapter 1, "Administration." Such code, and amendments thereto, are hereby adopted and incorporated pursuant to California Govermnent Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of swimming pool, spa and hot tub systems; by requiring a permit and inspection for installation, alteration and replacement of said systems. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (3147-7/92, 3310-12/95, 3427-7/99, 3898-12/10, 4001-12/13, 4112-12116 xxx-12/19) 17.46.020 Title Uniform Swimming Pool. Spa and Hot Tub Code Chapter 1. Section l 0 l. I is hereby amended to read as follows: 101.1 Title. This document shall be known as the Uniform Swinnning Pool. Spa. and Hot Tub Code of Huntington Beach, may be cited as such, and will be referred to herein as "this Code." 17.46.0M30 Administration For administrative prnvisions of this Code, see Chajlter 1 of the HlilltiHgtoH Beaeh BHilaing Cede Except as amended below. the administrative provisions shall be as provided for in 189 Legislative Drafts for Ordinance No. 4190 Page 35 of 48 the California Building Code, Chapter l Division II, Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. (3898-12/10) 17.46.40 Authority to Abate New Section 108 Authority to Abate is hereby added to read as follows: A. It shall be unlawful and is hereby declared to be a public nuisance for any person owning, leasing. occupying or having charge of any residential property in the City to maintain such premises in such a manner that any of the following conditions are found to exist thereon: l. The failure to secure and maintain from public access all doorways. gate access and other openings, with regards to the barrier requirements of this Code. 2. Uncleanliness of swimming pool water as determined by the building official. All swimming pool and spa water shall be maintained in a clear condition which is free of algae, insects, debris and in a sanitary condition. The entire floor of the swimming pool shall be clearly visible. B. Where a nuisance exists, the building official shall reguire the nuisance or violation to be abated and where necessary, shall seek such abatement in the manner provided by law. (3147-7/92, 3898-12/10) 17 .46.o;wso Definitions Chapter 2 of the USPSHTC is hereby amended by adding or modifying the following definitions: § 204 BerrieF f, fenee, 'Nall, liail4ing wall er a eemliinatien thereef, whieh ee!Hjlletely sllITellflds the swimming peel ana elistruets aeeess te the swimming peel. §-209 Grade (surface) -The underlying surface such as earth or a walking surface. §-218 Portable - A non-permanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired). §-221 Swimming Pool - A swimming pool is any body of water having a depth exceeding 18 inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes. This includes in-ground, above-ground and on-grade pools, spas and hot tubs. (3147-7/92, 3310-12/95, 3576-10/02, 3898-12/10) 17.46.08060 Installation of Fuel Gas Piping Chapter~ 3, Subsection 30 l .2.4 is amended to read as follows: ChepteF S. 301.2.4 Fuel Gas Piping. Fuel gas piping shall be installed in accordance with the requirements of the Huntington Beach Plumbing and Mechanical Code§. (3147-7/92, 3310-12/95, 3427-7/99) 17.46.0lS Pool, Sne end Hot Tub Outlets 190 Seetion 309.4 is hereby amended to read as fellows: Legislative Drafts for Ordinance No. 4190 Page 36 of 48 § 309.4 Peel, Spa and Hot Tull Outlets. \l/hen ever a building permit is issued fer the eonstruetion of a new svlimming pool or Sjla, the pool or Sjla shall meet all of the fello.,ving reEtuifements: l) The suetion outlet of the pool or spa fer whieh the permit is issued shall be eEfHi-jlped to provide eireulation throughout the pool or spa as preseribed in paragraph (2). 2) The swinuning pool or Sjla shall have at least Wo'o eireulation drains per f1HIBjl that shal-1 be hydraulieally balaneed and symmetrieally pltunBed through one or more "T" fittings, and that are S6jlarated liy a distanee of at least three feet in any dimension liet'.veen the drains. Suetion outlets that are less than 12 inehes aeross shall lie eovered with anti entrapment grates, as speeified in the ASMB/Al'ISI Standard f, 112.19.8, that ear.not lie removed exeept with the use of tools. Slots or openffigs in the grates or similar proteetive de>liees shall lie ofa shape, area, and arrangement that would pre'1ent physieal entrapmeffi and would not pose any suetion hazard to bathers. 3) Any liaeirnjl safety system that an owner of a new swimming pool or spa may ehoose to install in addition to the reEfHirements set ferth in subdivisions (a) and (li) shall meet the standards as published in the doeumem, "Guidelines fer Entrapment Hazards: Making Pools aa4 Spas Safer," Publieation Number 363, Mareh 2005, United States Consumer Produet Safety Commission. 4) Whene>1er a building permit is issued fer the remodel or modifieation of an eidsting swiffiffiing pool, toddler pool, or Sjla, the permit shall relj:uire that the suetion outlet of the eidsting swiffiffiing pool, toddler pool, or spa lie Ujlgraded so as to lie eEfHi!lped with an anti entrapment eover meeting eurrem standards of the Ameriean Soeiety fer Testing aa4 Materials (f.STM) or the Ameriean Soeiety of Meehanieal Engineers (ASME). Seetions 309.4.l, 309.4.2, 309.4.3 aa4 309.4.4 are hereby deleted. (3898 12/10) 17.46.030 Wastewater Disposal Seetion 313 .1 is hereby amended the fellowing eirneption: § 313.1 Eueptien: Spas and hot tulis under 750 gallons shall not lie reEfHired to diseharge imo ase>Ner. (3147 7/92, 3310 12/95, 3427 7/99, 3898 12/10) 17.46.0SO Peel Enelesures and Barriers Seetion 324 is hereby added to read as fellows: A. ,'\Ry swimming pool, hot tuli, spa or similar outdoor liody of water intended for swiffiffiing or reereational bathing, 18 inehes or more in depth, shall eontain an enelosure or barrier to eonform to the fellowing relj:uirements: Eneptien: Spas and hot tulis of less than 750 gallons may have a rigid loeking eover to substitute fer other barriers. I. The top of the barrier shall lie at least 60 inehes above grade measured on the side of the barrier whieh faees away J3oom the swiffiffiing pool. 191 Legislative Drafts for Ordinance No. 4190 Page 37 of 48 2. Openings in the limier shall net allew passage ef a fellf ineh diameter S]'lhere. Sh.."Ulls, trees, er laHElseape materials eaHHet be eensidered as part efthe barrier. 3. Selid 13miers, saeh as masenry er eenerete, er stene walls shall net eeHtain indeHtatieHS, er pretmsiens eleser than 4 5 inelies apart vertieally, herizeHtally, er frem tep efwall, fficeept fer teeled masemyjeints. 4. f,ny eenfigmatieH preYiding ladder like aeeess allev.ing illegal entry te the peel area shall be prehi13ited. Ladder like aeeess shall mean any methed er aetien saeh as elim13iag, erawliHg, pushing, jumpiag er ether means te gain aeeess te a peel er spa area. 5. V.lflere the 13arrief is eemposed efhorizoHtal and vertieal mem13ers, the Elistanee 13etv;een the tops of the horizontal members shall be 4 5 inehes or mere. Openings between Yertieal merH13ers shall not eirneed fem inehes. 6. Maidlllilm mesh size fer ehaiH link fenees shall be a ene and a Ej-Harter ineh SEJ-Hare alliess the fenee is previded w-ith slats fastened at the tep er the 13ottem whieh reElaee the openings to no mere than ene and three Ej-Harters inehes, the wire shall be net less than nine galfge. 7. \\lflere the barrier is eempesed ef diagonal merH13ers, &aeh as a lattiee fen£e, the H!aJ(ifffilm opeHiHg fefH!ed by the Eliagenal mem13ers shall be He mere than ene and three Ej-Harters inehes. 8. f,11 reEJ-Hired peel fenee and gate enelesmes shall ffi(tend to ·.vithin two inehes of fifHI seil er paYement. All aeeess gates shall be eonstmeted iH eeH!]'llianee \\ith all reEj-H-iremeHts stipulated fer peel fenees in paragraphs 1 threugh 7 a13eve, and shall be eEJ-Hipj'led te aeeommodate a leek-ing dev-iee. f.eeess gates shall epen elltward away frem the peel, spa, or het tall, and shall be self elesiHg and have a self latehing de>,iee. The release meehan-ism ef the self latehing deviee is te lie leeated oot less than €iQ iHa13es frnm the bottom of tlie gate er adjeining grade. 9. The barriers and all self elesing and self latehing de>1iees, reEJ-Hired by this seetion, shall be installed aHEl in preper werking order 13efere any water is plaeed iH the peel. rn. A dwelling er appllrteHaHt stmetllre may be used as a part ef the reEj-H-ired enelosme. 11. EEj-H-iYaleHt 13miers may be awreved on a ease by ease basis. (3147 7/92, 331() 12/95, 3427 7199, 3576 1()/()2, 3898 12/1()) 17.46.0SS f,dditional Single Family Residential BaFFieF Re11uiFements Seetion 324. l is hereby added to read as fellews: § J24.1 Single Family Residential BaFFieF RellffiFements. V.lfleneyer a eoHStrlletien permit is issued fer eenstruetien ef a new swimm-ing peel er spa, er a eenstmetien permit is issued fer rerHodeliHg of an ffidsting sv.illlllling peel er spa, at a private, single family heme it shall be eEJ-H-ipped with at least ene ef the fellowing seven drowning preventien safety featmes: 1. The peel shall be iselated frem the heme by a barrier eonfefH!ing te Seetien 17.46.QSQ HBMC. 192 Legislative Drafts for Ordinance No. 4190 Page38 of 48 2. The peel shall l3e eE!llifiped with an appreved safety peel eeveF that meets all efthe reE!llifemel!ts efASTM SpeeifieatieH F 1340. 3. The rnsideHee shall be equipped "vith eilit alarms listed iH aeeerdanee "vith UL 2017 SH these deers previdiHg difeet aeeess te the peel, iHelooiHg garnge eidt deers. 4. All deers previdiHg aifeet aeeess frem the heme or garnge ts the s•.v-immiHg peel shall be eE!llififled with a self elesing, self latehiHg deviee w-ith a release meehanism plaeed HS low.ir than 5 4 iHehes ab eve the flem. 5. The S'.vimmiHg peel shall ineerperate remevable mesh peel feHeing that H11lets ASTM SpeeifieatieH F 2280 standard iH eeHjuHetieH with a gate that is self elesiHg and self latehiHg and ean aeeemmodate a key leekable deviee. 0. SwimmiHg peel alarms that, wheH plaeed iH peels, w-ill seood upeH deteetioH sf aeeideHtal er ooaHtherized eHtranee iHto the vlateF. These peel alarms shall meet and be iHdepeHdeHtly eertified ts eemply •Nith ,A,STM Standard F 2208 "Standard SpeeifieatieH fer Peel fJarms" wfiieh iHelooes slllfaee metieH, press&e, seHar, laseF and iHfrared type alarms. Fer pllfflOSes efthis artiele, "swimmiHg peel alarms" shall HSt iHelude swimmiHg preteetiSH alarm de>1iees desigHed fer iHdividual use, sli4 as an alarm attaehed ts a ehild that se1lllils wheH the ehild beeell11ls S1ihmeFged iH vlater. 7. OtheF means efpreteetieH, if the degree efpreteetieH afferded is eE!llal ts er greateF than that afferded by any sf the deviees set ferth aaeve, and h!l'le beeH rnaepem!el!tly verified by an appreved testiHg laberntery as meeting standards fer these deviees established by the ASTM er the AmeFiean Seeiety sf Meehanieal Engineers (ASME) as determined by the buildiHg effieial. (3427 7/99, 3898 12/10) 17.4fi.llfill CenstFuetien Re11uiFements Seetien 325 is hereby amended ts read as fellows: f,ll swimming peel eenstrnetien shall be in eellfermanee with eHgineered design fer eiqiansive sails, irnless a sails repert by a registered engineer, appre'"ed by the building effieial, indieates etflep,vise. (3147 7/92, 3427 7199) 17.4fi.ll71l ,•.utharity ta ,\bate Seetien 320 is hereby added ts read as fellews: C. It shall be lllllawful and is hereby deelared ts be a publie llllisanee fer any persen ewlling, leasiHg, eeellflying er haviHg eharge efany residential preperty in the City ts maintain sueh preraises iH sueh a marmer that any sf the fellew-ing eomlitieHS are feulld ts eilist thereen: 3. The fail&e ts seeure and mail!taiH frem publie aeeess all deerways, gate aeeess and etheF epeHings, with regards to the barrier reE!lliremel!ts efthis Cede. 4. UneleanliHess sf swimmiHg peel water as determilled by the buildiHg effieial. fJl sv.'immiHg peel and spa v;ater shall be maintaiHed iH a elear eenditien whieh is free sf algae, iHseets, debris and iH a saHitary eeHditieH. The entire fleer efthe sw'.mmiHg peel shall be elearly visible. 193 Legislative Drafts for Ordinance No. 4.190 Page 39 of 48 D. \V:liere a ffilisanee eitists, the liuiiEling sffieial shall require tlie ffilisanee er vislatisn ts lie aliated anEl where neeessary, shall seek sueh aliatement in the manner 13rsvided liy law. (3147 7/92, 3898 12/10) 17.46.070 Stmctnrnl Design Section 402.3 is hereby amended to read as follows: Swimming pools shall be designed to withstand anticipated stresses under both full and empty conditions, taking into consideration climatic, hvdrostatic, seismic, geotechnica!, and integration of the pool with other structural conditions. All swimming pool construction shall be in conformance with engineered design for expansive soils, unless a soils report by a registered engineer, approved by the building official, indicates otherwise. (3147-7/92, 3427-7/99) 17.4<i.080 IBStallatien af Fuel Gas Pining Cha13ter 5 is amended ts read as follsws: ChapteF S. Fuel gas 13i]3ing shall lie installed in aeesrdanee ·mth the requirements sf the Hll£tingtsn Beaeh Plumliing Cede. (3147 7/92, 3310 12/95, 3427 7/99) 17.46.1181! Wastewater Disposal -Amended Section 5 l 2.1 General is hereby amended by adding the following exception: 512.1 Exception: Spas and hot tubs under 750 gallons shall not be required to discharge into a sewer. 17.46.090 -Barrier Requirements -Amended Section 803.0 Barrier Requirements is deleted in its entirety and replaced with Section 3109 of the California Building Code as amended by Huntington Beach Municipal Code Chapter 17.04. 194 SECTION7 Sections: ] 7.48.010 17.48.020 17.48.030 17.46.040 17.48.010 Adoption Legislative Drafts for Ordinance No. 4190 Page 40 of 48 Chapter 17.48 ELECTRICAL CODE Adoption of the 2019 California Electrical Code Section I 0 I . I -amended Chapter I deleted and replaced with CBC Chapter I, Division II Section 250.52(A)(5) -amended There is hereby adopted by the City Council by reference that certain code known as the ;wM 2019 California Electrical Code, eitetlflting Artiele 89 and except as hereafter provided. Such code is hereby adopted and incorporated pursuant to Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of all electrical installations in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict therewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. (2787-9/85, 2976-12/88, 3022-12/89, 3115-6/91, 3311-12/95, 3428-7/99, 3577-10/02, 3719-8/05, 3790-1/08, 3897-12/10, 4002-11/13, 4113-12/16 xxxx-12/19) 17.48.020 Title CEC Chapter 1, Section 101.1 is hereby amended to read as follows: This ehapter These regulations shall be known as the "Huntington Beach Electrical Code," may be cited as such, and will be referred to herein as "this Code." (2787-9/85) 17.48.02§30 Administration For administrative provisions of this Code see Title 1 of the Hlllltington Beaeh Bmlding Cede The administrative provisions shall be as provided for in the California Building Code. Chapter 1 Division IL Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. (3897-12/10) 17.48.040 Grounding Electrodes ·Section 250.52(A)(5), Rod and pipe electrodes, is amended to read as follows: 250.52(A)(5) Rod and Pipe Electrodes. Rod electrodes shall not be less than 2.Sm (8 ft.) in length, and shall consist of the following materials: a) Permanent rod electrodes shall be stainless steel. b) Temporary rod electrodes for temporary construction power poles may be copper or copper clad. 195 Legislative Drafts for Ordinance No. 4190 Page 41of48 c) Stainless steel rods less than 15.87 nnn (5/8 in.) in diameter and nonferrous rods shall be listed and shall not be less than 13nnn (1/2 in.) in diameter. (3719-8/05, 3897-12/10) 196 SECTION 8 Sections: 17.49.010 17.49.010 Adoption Legislative Drafts for Ordinance No. 4190 Page42 of48 Chapter 17.49 ENERGY CODE Adoption of the 2019 California Energy Code The 2019 California Energy Code (codified in Part 6 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission. is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building· and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection. construction, enlargement, alteration. repair, moving, removal. conversion. demolition, occupancv. equipment. use. height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 197 SECTION9 Sections: 17.50.010 17.50.010 Adoption Legislative Drafts for Ordinance No. 4190 Page 43 of 48 Chapter 17.50 HISTORICAL BUILDING CODE Adoption of the 2019 California Historical Building Code The 2019 California Historical Building Code (codified in Part 8 of Title 24 of the California Code of Regulations)_ as published bv the International Code Council and the California Building Standards Commission, is herebv adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Constrnction Code. Such code, and amendments thereto, are hereby adopted and incorporated. pursuant to California Government Code Section 50022.2 et seq .. and Health and Safetv Code Section 18941.5. as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement alteration. repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach, 198 SECTION 10 Sections: 17.51.010 17.51.020 17.51.030 17.SUHO Adoption Legislative Drafts for Ordinance No. 4190 Page 44 of 48 Chapter 17.51 EXISTING BUILDING COIIE Adoption of the 2019 California Existing Building Code Section [A] JO l. l -amended Chapter l, Division II deleted and replaced with CBC Chapter l, Division II The 2019 California Existing Building Code (codified in Part 10 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference. subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fullv as though set forth at length herein, for the purpose of regulating and administering the erection, construction. enlargement. alteration. repair, moving, removal, conversion. demolition. occupancy, equipment, use, height. area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 17.51.020 Title -amended Section [Al 101. l is hereby amended to read as follows: These regulations shall be known as the "Existing Building Code of Huntington Beach, may be cited as such, and hereinafter referred to as "this Code." 17.51.030 Administration -amended Chapter l, Division I!, Sections l 0 l through 115 shall be as provided for in the California Building Code, Chapter I Division JI. Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. 199 SECTION 11 Legislative Drafts for Ordinance No. 4190 Page 45 of 48 Chapter 17.52 GREEN BUILDING STANDARDS CODE Sections: 17.52.010 Adoption of the 2019 California Green Building Standards Code 17.53.010 Adoption The 2019 California Green Building Standards Code (codified in Part ll of Title 24 of the California Code of Regulations). as published by the International Code Council and the California Building Standards Commission. is hereby adopted by reference, subject to the amendments. deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5. as fully as though set forth at length herein. for the purpose of regulating and administering the erection, construction. enlargement. alteration, repair, moving. removal. conversion, demolition, occupancy, equipment, use. height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 200 SECTION 12 Legislative Drafts for Ordinance No. 4190 Page 46 of 48 Chapter 17.52 REFERENCED ST AND ARDS CODE Sections: 17.53.010 Adoption of the 2019 California Referenced Standards Code 17.53.0IO Adoption The 2019 California Referenced Standards Code (codified in Part 12 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission. is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code. and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair. moving, removaL conversion, demolition, occupancv. equipment, use, height. area. and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code. together with amendments thereto shall be controlling within the corporate limits of the Citv of Huntington Beach. 201 SECTION 13 Legislative Drafts for Ordinance No. 4190 Page 47 of 48 Chapter 17.60 SOLAR, ENERGY f'"~D HYDRONICS AND GEOTHERMAL CODE Sections: 17.60.010 17.60.020 17.60.030 l 7.60.040 17.60.010 Adoption Adoption of the 2018 Uniform Solar, Hydronics And Geothe1mal Code Title -amended Chapter l -removed and replaced with CBC Chapter l, Division II Chapter I 0 -amended There is hereby adopted by the City Council by reference that certain code known as the Uniform Solar, ERergy anEl Hydronics and Geothermal Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the ~ 2018 Edition thereof and the whole thereof, except as hereafter provided, excluding Chapter 1, "Administration." Such code, and amendments thereto, are hereby adopted and incorporated pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 as though fully set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of solar energy systems; by requiring a permit and inspection for installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. (2178-4/77, 2431-7/80, 2787-9/85, 2976-12/88, 3022- 12/89, 3147-7/92, 3308-12/95, 3429-7/99, 3899-12/10, 4003-12/13, 4114-12/16 xxxx-12/l 9) 17 .60.020 Title -amended This chapter shall be known as the "Huntington Beach Solar EllOrgy anEl HyElroRies CoEle Solar. Hydronics And Geothermal Code," may be cited as such and will be referred to herein as "this Code." (2178-4/77, 2431-7/80, 3022-12/89, 4114-12/16) 17.60.01S30 Administration -amended For aElmillistFative IJrovisiolls of this CoEle see Chaf)ter 1 _ofthe Hootillgtoll Beaeh Bui±Elillg Gede The administrative provisions shall be as provided for in the California Building Code, Chapter l Division II, Scope And Administration as adopted pursuant to Section 17.04 of the Huntington Beach Municipal Code. (3899-12/10) 17 .60.0~40 Electrical -amended Chapter 10 is amended to read as follows: 202 Legislative Drafts for Ordinance No. 4190 Page 48 of 48 Chapter 10. Electrical installations shall be in accordance with the requirements of the Huntington Beach Electrical Code. (3899-12/10) 203 Express Findings for Ordinance No. 4190 Pagelof6 EXIDBIT #2: EXPRESS FINDINGS Code Amendment for Adoption of the 2019 Edition of the Model California Construction Codes and Express Findings for Local Amendments are set forth below: Health & Safety Code Section 17958 mandates that the City of Huntington Beach ("City") shall adopt Ordinances or regulations imposing the requirements of certain uniform industry codes adopted by the State pursuant to Health & Safety Code Section 17922; and The State of California is mandated by Health and Safety Code Section 17922 to impose the same requirements as are contained in the most recent edition of the California Building Code, the California Residential Gode, California Electrical Code, and the California Electrical Code (hereinafter referred to collectively as "Codes"); and Health & Safety Code Section l 7958.5(a) pennits the City to make such changes or modifications to the Codes as are reasonably necessary because of local conditions; and Health and Safety Code Section 17958.7 requires that the City Council, before making any modifications or changes to the Codes, shall make an express finding that such changes or modifications are reasonably necessary because of local climatic, geographic or topographic conditions; and The Building Official and Director of Community Development have recommended that changes and modifications be made to the Codes and have advised that certain said changes and modifications to the California Building Code, 2019 Edition; the California Residential Code, 2019 Edition; the California Plumbing Code, 2019 Edition, and the California Electrical Code, 2019 Edition are reasonably necessary due to local conditions in the City of Huntington Beach and have further advised that the remainder of said changes and modifications are of an administrative or procedural nature, or concern themselves with subjects not covered by the Code or are reasonably necessary to safeguard life and property within the City of Huntington Beach. The City Council for the City of Huntington Beach finds that the above recitals are true and correct and pursuant to the requirements of Health and Safety Code Section 17958. 7, the Council finds and determines there is a need to adopt the changes or modifications to the uniform codes because of local climatic, topographical, and geological conditions as follows: Chapter I Amendment Snmmary Findings Section Historv HBMC 17.04 '-BUILDING CODE . . . . . . .. [A] 103.1 New Creation of Enforcement Agency (amended Administrative by changing division name to Department D-1 of Community Development Building Division) [A] 105.2 Existing Work Exempt from Permit D-1, B-1 19-7945/215360 204 [A] 105.3.2 Existing [A] 105.5 Existing [A] 107.2.l.1 New [A] 107.2.1.2 New [A] 107.2.9 New [A] 109 Existing [A] 113.1 New 901.l Existing 1505.l New 1505.1.3 New Chapter 36 Existing Chapter 55 Existing Express Findings for Ordinance No. 4190 Page 2 of6 Time Limitation of Application Administrative ' D-1 Expiration Administrative D-1 Construction Documents -Building Administrative Security D-2 Construction Documents -Methane Overlay D-1, B-2 District Construction Documents -Soils Report D-1, B-1, B-2, B- 3 Fees Administrative D-1 Board of Appeals Administrative (clarification) D-1 Fire Protection System -Scope A-2, B-6 (referencing HB Fire Code) Minimum Roof Covering A-1, A-2, B-1, B- (Clarifying Class "B" minimum roof 6, B-7 covering) Roof Covering Within all Other Areas A-1, A-2, B-1, B- (Clarifying Class "B" minimum roof 6, B-7 covering) Building Security Administrative D-2 Methane District ReITTJlations B-2 HBMC 17:07 -RESIDENTIAL CODE . . . R103.1 Existing Creation of Enforcement Agency (amended Administrative by changing division name to Department D-1 of Community Development Building Division) Rl05.2 Existing Work Exempt from Permit D-1,B-1 Rl05.3.l.1 Existing Determination of substantially improved or D-1, A-3, B-4, B- substantially damaged existing buildings in 5 flood hazard areas (Section deleted since this section has to meet with the Floodplain Overlay District requirements of the Zoning Code) R105.3.2 Existing Time Limitation of Application Administrative D-1 R105.5 Existing Expiration Administrative D-1 R106.1.6 New Construction Documents -Building Administrative Security D-2 Rl06.l.7 New Construction Documents -Methane Overlay D-1, B-2 District Rl06.l.8 New Construction Documents -Soils Report D-1, B-1, B-2, B- 3 RIOS Existing Fees Administrative 19-7945/215360 205 Express Findings for Ordinance No. 4190 Page 3 of6 D-1 RI 12.1 New Board of Appeals Administrative D-1 R301.l.3.2 Existing Engineered Design B-1 Table R301.2(1) Existing Climatic and Geographic Design Criteria B-1 and Manual J Design Criteria completed for · Huntin!rton Beach Table R301.2(1) Existing Completed Table for the Flood Hazard areas A-3, B-4, B-5 Footnote g based on the Floodplain Overlay District R313.l Existing Townhouse Automatic Fire Sprinkler A-2, B-6 Systems (amended to reference HB Fire Code) R313.2 Existing One-and Two-Family Dwellings Automatic A-2, B-6 Fire Sprinkler Systems (amended to reference HB Fire Code) R322.l New Flood-Resistant Construction (amended to A-3, B-4, B-5 included the Floodplain Overlay District and Local Coastal Program) R902 New Roof Fire Classification A-1, A-2, B-1, B- (amended to coordinate with the Building 6, B-7 Code for requirements) Chapter 36 Existing Building Security Administrative (amended t-0 reference to the Building Code D-2 for reauirements) Chapter 55 New Methane District Regulations (amended to B-2 clarify that this section is also applicable to residential structures and referencing to the Building & Fire Codes). HBMC 17.40-MECHANICAL CODE .. Chapter I Existing Administration Administrative (amended to reference the Building Code) D-1 HBMC 17.44 -PLUMBING CODE . Chapter I Existing Administration Administrative (amended to reference the Building Code) D-1 312.I Existing Protection of Piping, Materials and A-3- Structures (amended by requiring underground copper and PEX tubing to be sleeved) HBMC 17.46-SWIMMINGPOOL, SPA AND HOT TUB CODE . . Chapter I Existing Administration Administrative (amended to reference the Building Code) D-1 108 Existing Authority to Abate Administrative (amended by relocating to the appropriate D-1 Section) Chapter 2 Existing Definitions Administrative (amended by adding additional defmitions) D-1 19-7945/215360 206 301.2.4 Existing 402.3 Existing 512.l Existing 803 New Express Findings for Ordinance No. 4190 Page 4 of6 Fuel Gas Piping Administrative (amended to include Mechanical Code) D-1 Structural Design D-1, B-1 Wastewater Disposal Administrative (added an exception for spas and hot tubs D-1 under 750 gallons) Barrier Requirements Administrative (amended to reference to the Building D-1 Code) HBMC 17.48-ELECTRICALCODE . . Chapter 1 Existing Administration Administrative (amended to reference the Building Code) D-1 250.52(A)(5) Existing Grounding Electrodes D-1, B-1, B-2, B- 3 . HBMC 17.51-EXISTING BUILDING CODE . . Chapter 1 New Administration Administrative {amended to reference the Building Code) D-1 HBMC 17.60-SOLAR, ENERGY AND HYDRONICS AND GEOTHERMAL CODE Chapter 1 Existing Administration Administrative (amended to reference the Building Code) D-1 Chapter 10 Existing Electrical Administrative (amended to reference Huntington Beach D-1 Electrical Code) SECTION 1: Changes and modifications to the Codes adopted by the City of Huntington Beach as recommended by the Building Official and Director of Community Development are hereby found to be reasonably necessary due to the following general findings to local conditions: A. Climatic Conditions: 1. Hot, dry, high velocity winds (called Santa Ana winds) are common in the area. These winds reduce the relative humidity causing severe drying of the vegetation and common building materials. These dry conditions predispose the area to large destructive fires (conflagration). 2. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for the building occupants and by containing or controlling the spread of fire. Fire sprinkler systems also provide an efficient use of water for the control and containment of fires. 3. The southern boundary of the City is along the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves, which can cause flooding in large areas of the city. Along part of the eastern boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities 19-7945/215360 207 Express Findings for Ordinance No. 4190 Page 5 of6 until it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is contained in a manmade channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. 4. The warm, dry climate is conducive to swimming pools which creates a higher probability of child drownings where pools are unprotected. B. Geological Conditions: 1. The City of Huntington Beach is located in an area of high seismic activity. The Newport-Inglewood Fault runs through the City, which is the largest of several faults. Studies reveal that this fault has the probability of generating a 6.6 magnitude earthquake. -Because of the population density and the number of structures in the City, the risk oflife loss and property damage due to earthquake activity is considerable. Experts predict a major earthquake in our area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by "Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, 1988, State Department of Conservation," page 59, "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe". 2. Much of the City is deemed to be in a methane district due to the natural detritus of organic matter in the Huntington Beach Oil Fie1d, which was first discovered in 1920 and from which there was approximately 2.4 million barrels of oil and approximately 1.1 million cubic feet of gas produced in 2015. This hazard presents a unique threat to the City and has the potential to cause fire, or environmental emergencies. 3. Significant areas of Huntington Beach contain corrosive soils that reduce the expected usable life of water services when metallic pipes are exposed to these soils. 4. According to the City Hazard Mitigation Plan (2017), the City has large portions in the tsunami hazard zone subject to tsunami inundation, areas on land that can become quickly flooded when there is a tsunami. These flood conditions would impact the response and activity level of the Fire Department or cause damage to the structures and infrastructures. 5. There are no dams in Huntington Beach. However, the city is on the floodplain on the Santa Ana River. There are two dams, Prado Dam and Seven Oaks Dam, which are located upstream of Huntington Beach on the Santa Ana River. Failure of either dam could cause damage in Huntington Beach. The primary threat to Huntington 19-7945/215360 208 Express Findings for Ordinance No. 4190 Page 6 of6 Beach is from the failure of Prado Dam. If the dam were to experience a partial or complete failure event, the resulting flood would likely overtop the banks of the Santa Ana River. Depending on the amount of water released, the failure of Prado Dam could results in floodwaters inundating all of Huntington Beach except for the area roughly bordered by Beach Boulevard, Talbert Avenue, Edwards Street, and the shore. 6. Traffic and circulation congestion presently existing in the City of Huntington Beach often places fire department response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any earthquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessary. 7. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands, are carried by the wind to other locations, and thereby spread fire quickly. Past Grand Jury Report findings support this concern. C. Topographical Conditions: I. None used D. Administrative: 1. This amendment is necessary for administrative clarification as permitted by Health and Safety Code section 18909, and does not modify a Building Standard pursuant to the California Health and Safety Code Sections 17958, 17958.5 and 17958.7. This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of Huntington Beach. 2. The California Model Building Security Ordinance (CMBSO), published in January 1978, was drafted by the California Crime Prevention Officers Association in conjunction with the California Attorney General's Office and addresses both residential and nonresidential structures. Many cities and counties have adopted the CMBSO, receiving national exposure tlnough manufacturers associations and publications in crime prevention literature. The City of Huntington Beach adopted the Building Security Ordinance and notified all builders concerning the code. 19-7945/215360 209 City of Huntington Beach File #:19-1022 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Oliver Chi, City Manager PREPARED BY:David A. Segura, Fire Chief Subject: Approve for introduction Ordinance No. 4189 amending Municipal Code Chapter 17.56 adopting the California Fire Code, 2019 Editions; and schedule a Public Hearing for November 18, 2019 Statement of Issue: The City Council is requested to adopt an Ordinance amending Municipal Code, Chapter 17.56 adopting the California Fire Code, 2019 Edition. Financial Impact: Not applicable. Recommended Action: A) Approve for introduction Ordinance No. 4189, “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code,” 2019 edition; and, B) Schedule a Public Hearing for November 18, 2019. Alternative Action(s): Not introduce the Ordinance. Analysis: The Fire Code (Code) is revised every three years to keep pace with current technologies and hazardous processes. The City of Huntington Beach, upon review and evaluation, traditionally adopts the revised edition. The 2019 California Fire Code is the latest model code revision published by the California Building Standards Commission in conjunction with the International Code Council. State law mandates that this Code be enforced by all California jurisdictions, effective January 1, 2020. In order to amend this Code to meet local conditions and special hazards that do not exist in all City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™210 File #:19-1022 MEETING DATE:10/21/2019 In order to amend this Code to meet local conditions and special hazards that do not exist in all jurisdictions, the City needs to officially adopt the Code by ordinance (Attachment 1), effective January 1, 2020. Therefore, it is important that all revisions be made at the time of this Ordinance introduction. If the Code is not adopted as such, it will become law by default without amendments. Adopting the 2019 California Fire Code would coincide with the adoption of the 2019 California Building and Residential Code by the Community Development Department, scheduled to also take effect January 1, 2020. The 2019 California Building Code is also published by the California Building Standards Commission. It is a sister publication of the 2019 California Fire Code, which coordinates code references between the two publications to prevent conflicting code sections. The California Building Standards Commission requires that local amendments to the California Fire Code be supported by express findings of fact. The proposed revisions to the Fire Code adoption acknowledges the local conditions that necessitate the changes. A summary of proposed local amendments for the 2019 Edition of the California Fire Code is included (Attachment 2). If the ordinance is introduced at this meeting, a public hearing would be scheduled for the City Council meeting of November 18, 2019, at which time adoption could also take place. If adopted, the ordinance would then become effective January 1, 2020. Environmental Status: None. Strategic Plan Goal: Enhance and modernize public safety service delivery Attachment(s): 1. “An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code,” 2019 edition. 2. Ord 4189 Legislative Draft 3. Summary of proposed Local Amendments for the 2019 California Fire Code 4. PowerPoint Presentation City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™211 ORDINANCE NO. 4189 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE ADOPTING THE CALIFORNIA FIRE CODE WHEREAS, Section 17958.5 of the California Health and Safety Code pennits the City to make changes or modifications to the California Fire Code as such changes or modifications are reasonably necessary because of local climatic, geographic or topographical conditions ; and The Fire Chief of the City of Huntington Beach has recommended that the California Fire Code be adopted by the City with ce11ain changes or modifications which are necessary to meet local climatic, geographical or topographical conditions. The City Council of the City of Huntington Beach does hereby find and ordain as follows: SECTION 1. Findings . The following findings are hereby adopted in support of Chapter 17.56 of the Huntington Beach Municipal Code: The City of Huntington Beach is aware that due to climatic, geological and topographical conditions, there is potential for disasters and major fires within the City. The applicable finding for each amendment, addition, or deletion from the California Fire Code (CFC) is listed in Section 2 of this ordinance. The basis of conditions are found in the Local Hazard Mitigation Plan (LHMP) (2017). The following conditions will be considered: 19-7943/215527 I Climatic Severe Weather Drought Flood Medium __ H_ig_L Medium ---- Geological _____________ , l Coastal hazards Medium Dam failure Medium Geologic hazards ___ Medium Seismic haza_1_·d_s ______ H_i_....g_h __ -1 Medium 1 212 CLIMATIC CONDITIONS Severe Weather • Hot, dry, high velocity winds (ca ll ed Santa Ana winds) are common in the area. These winds reduce the re lative humidity causing severe dry ing of the vegetation and common building materials. These dry conditions predispose the area to large destructive fires (conflagration). Drought • The loca l c limate is currently in a drought condition. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for the building occupants and by containing or controlling the spread of fire. Fire sprink ler systems a lso provide an efficient use of water for the control and containment of fires. Flood • The southern boundary of the City is a long the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves, which can cause flooding in large areas of the city. Along pa1i of the eastern boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities until it terminates in the ocean at the Huntington Beach/Newpo1i Beach border. The river is contained in a man- made channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. GEOLOGICAL CONDITIONS Coastal hazards • According to the City Hazard Mitigation Plan (2017), the City has large portions in the tsunami hazard zone subject to tsunami inundation, areas on land that can become quickly flooded when there is a tsunami. These flood conditions would impact the response and activity level of the Fire Department. Dam Failure • There are no dams in Huntington Beach. However, the city is on the floodp lain on the Santa Ana River. There are two dams, Prado Dam and Seven Oaks Dam, which are located upstream of Huntington Beach on the Santa Ana River. Failure of either dam could cause damage in Huntington Beach. The primary threat to Huntington Beach is from the failure of Prado Dam. If the dam were to experience a partial or complete failure 19-7943/2 15527 2 213 event, the resulting flood would likely overtop the banks of the Santa Ana River. Depending on the amount of water released, the failure of Prado Dam could results in floodwat ers inundating all of Huntington Beach except for the area roughly bordered by Beach Boulevard, Talbert Avenue, Edwards Street, and the shore. Geologic hazard s • Much of the City is deemed to be a methane di s trict due to the natural detritu s of organic matter in the Huntington Beach Oil Field, which was first discovered in 1920 and from which there was approximately 2.4 million banels of oil and approximately 1.1 million cubic feet of gas produced in 2015. This hazard presents a unique threat to the City and has the potential to cause fire, or environmental emergencies. Seismic hazard s • The City of Huntington Beach is located in an area of high seismic activity. The Newpo1t-lnglewood Fault run s through the City, which is the largest of several faults. Studies reveal that this fault has the probability of generating a 6.6 magnitude earthquake. Because of the population density and the number of structures in the City, the risk of life loss and property damage due to ea1thquake activity is considerable. TOPOGRAPHICAL CONDITIONS Human hazards • The City has a population of200,641 (US Census 2018) people in 27 square miles. The daytime population increases significantly in th e summer due to beach related activities; the City hosts more than 16 million beach visitors each year. • Heavy traffic is common on the City streets and roadways . There are two s ta te highways (Beach Boulevard with 60,000 to 72,000 vehicles/day and Pacific Coast Highway with 43,000 vehicles/day) and a major freeway (1-405 with 280,000 vehicles/day) routed through the City. • Major eaithquakes are always accompanied by the disruption of traffic flow. F ires caused by damaged flammable gas piping; ruptured fuel storage tanks and electrical arching are probable. The Fire Depaitment responses to fires and other emergencies may be compromised. The presence of built-in fire protection systems and regulation of tank in stallations provide an added degree of protection for the community. • There are also numerous narrow alleys and cul-de-sac s present. The ability for fire apparatus access is critical for timely emergency respon se. The regulation of these access routes is necessary to help provide reaso nable res ponse times. 19-7943 /2 15527 3 214 • The southeast border of the city is the Pacific Ocean, which prevents mutual aid responses from 1/3 of th e perimeter of the city. 19-7943/2 15527 4 215 # Section Chapter 1 Scope and Administration 1 IFC Chapter 1 sections not adopted by CA 2 101.1 3 102.7 4 105.4.2.1 x 5 105.6.30 6 108.1 7 110.4 Chapter 2 Definitions 8 202 -Containment Vessel Chapter 3 General Requirements 9 IFC Chapter 3 sections not adopted by CA, except Section 301 .8.4 , Open-flame cooking devices 10 321 11 322 Chapter 5 Fire Service Features 12 503 .1.1 x 13 503 .2 x 14 503 .2.1 x 15 503 .2.3 x 16 503.2.4 x 19-7943/215527 Climatic x x x x x x 5 "O 0 0 ~ x x x x x x Geologic Not a building code Not a buildinz code Not a building code x x x x Not a buildinf! code Not a building code Not a buildinf! code Not a building code Not a buildinz code Not a building code x x x x x x ... 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C,!) -= 00 -= Amendment Type # Section Climatic Geologic Topographical Amended Added 17 503.2.5 x x x x x x 18 503 .6 .x x x x x x 19 505.1 x x x x x x 20 506.1 x x x x x x 21 507. l x x 22 507.5 x x x x x x 23 5 0 7.5.7 x x x x x x Chapter 9 Fire Protection S• stems 24 901.6.3 x x x x x x 25 903.2 x x x x x x 26 903.2.4 x x x x x x 27 903.3.1.1.l x x x x x x 28 903.3.5.3 x x x x x x 29 903.4 x x x x x x 30 907.1 x x x x x x 31 914.2. l x x 32 914.3.l x x 33 914.6. l x x x x x x x 34 916.12 x x Chapter 11 Construction Requirements for Existin2 Buildin2s 35 IFC C hapter 11 x x x x x x x x x sectio ns not adopted by CA 36 1103.5 x x x x x x 37 1103 .5.5 x x x x x x 38 110 3 .7 x x x x x x 39 1103.7.10 x x x x x x Chapter 23 Motor Fuel Repair Garaae 40 2306.2.3 x x 41 23 06.2.4 .1 x x 19-7943/215527 6 217 :.. --"' <l> .~ r:l'.J (J "' -"' <l> ~ .:: "O ~ "O 5 ; OJ) 'P ·-"O -"O :.. .:: OJ) -:.. 5 :.. ~ . <l> -= 0 "' ~ 0 -5 ; > ~ 0 ~ N C': = -~ rll ~ <l> <l> e ~ 0 ~ ~ ~ 0 N ·• N = N <l> to: <l> to: ==] rr.i ~ ~ u::i:: ~ C"-' .:: 00 .c Amendment Type # Section Climatic Geologic Topographical Amended Added 42 2306.2.4.2 x x x 43 2306.2.6 x x x Chapter 33 Fire Safety During Construction and Demolition 44 3310.1 x x x x x x 45 331 2 .l x x x x x x 46 33 13 . l x x x x x x 47 3314.J.l x x x x x x 48 3318 x x x x x x Chapter 50 Hazardous Materials -General Provisions 49 5003.3.1.4 x x x Chapter 57 Flammable and Combustible Liquids 50 5704.2.9 .6. l x x x 51 5704.2.11.l x x 52 5704.2.13. 1.4 x x 53 5706.2.4.4 x x 54 5706.3 x x Chapter 58 Flammable Gases and Flammable Cryogenic Fluid 55 5801.l.l. x x 56 5806.2 x x Chapter 61 Liquefied Petroleum Gases 57 6104.2 x x x Chapter 80 Reference Standards NFP A 13-16 Standard.for the Installation of Sprinkler Systems, as amended 58 NFPA 13 -6.7.2 x x x x x 59 NFPA 13 -8.17.1.1.l x x x x x 60 NFPA 13 -22.1.3 x x x x x (43) NFPA 13D-16 Standard for the Installation of Sprinkler Systems in One-and Two -Family Dwelfinus and Manufactured Homes, as amended 61 NFPA l3D -4.7 x x x x x 62 NFPA 130-7.1.2 x x x x x 19-7943 /215527 7 218 ~ z ..... -"1 ~ .~ fl') (j "1 ... "1 ... "SJ> "O c: "O ~ :.. ell "O ·-"O -"O . ... ..... :.. e -c: • ~: = 0 "1 c: -= 0 :.. e ; ... c: 0 C: N c= ::: -c: "1 c: ~ ~ e ~ 0 c: ~ ~ 0 N .... N : N ~ c: ~ c: =~ rJl ~ ~ u= ~ C!) ..c If.!. ..c Amendment Type # Section C limatic G eo log ic Topographical A m ended Added 63 NFPA 13 0-7.3 x x x x x 64 NFPA 130-7.3 .1 x x x x x 65 NFPA 130-7.6 x x x x x NFPA 13R-1 6 66 NFPA 13R-6.16.1 x x x x x NFPA 14-13 Installation of Stan dpipe and Hose Sys tems, as amended 67 NFPA 14 -6.4.5 .4 .l x x x x x NFPA 24-1 6 In sta lla tion of Pr ivate Fire Service M a ins and The ir ATJTJurtenances, as amend ed I 68 NFPA 24 -5.9.1.2 x x x x x 69 NFPA 24-5.9.1.2 .1 x x x x x 70 NFPA 24-6 .2 .1.l x x x x x 71 NFPA 24 - 6 .3.3 x x x x x 72 NFPA 24-10 .1.1.3.2 x x 73 NFPA 24-10.4.1. l x x 74 NFPA24-10.4.l.4 x x 75 NF PA24-10.4.3.l x x NFPA 72 -16 Natio na l Fire A larm and SiJ!:11,alinK Cod e, as amended 76 NFPA 72- 14 .2 .2 .2 .3 x x x x x x x x x A ppendix B F ire F low R equirements for Buildin 2s 77 App endi x B-x x x x x x x x x BI OS . I 19 -7943 /215527 8 219 SECTION 2 . The findings shall not be codified. SECTION 3. Chapter 17 .56 of the Huntington Beach Municipal Code is repealed in its entirety and replaced as fo llows. 17.56.010 Adoption An ordinance of the City of Huntington adopting the 2018 edition of the International Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous subst ances, materials and devices, and from conditions h azardous to li fe or prope1iy in the occupancy of buildings and premises in the City of Huntington Beach; providing for the issuance of permits and collection of fees therefor; repealing Ordinance No. 4123 of the City of Huntington Beach and all other ordinances or parts of laws in conflict therewith. Section 1. That the California Fire Code 2019 Edition, three (3) copies of which are on file in the office of the C ity Clerk of the C ity of Huntington Beach incl uding all omissions in Chapter 1, Division II, Chapter 3 except Section 301.8.4, Chapter 1 1, Chapter 25, Chapter 26, and Appendix Chapters E, F, G , and H (see California Fire Code Section I 01.2.1, 2019 edition), as published by the International Code Council , be and is hereby adopted as the Fire Code of the City of Huntington Beach, in the State of Cal ifornia regulating and governing the safeguarding of life and prope1iy from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises as herein provided; providing for the issuance of permits and co ll ection of fees therefor; and each and all of the regulations, provisions, penalties, conditions and terms of said Fire Code on file in the office of the City of Huntington Beach are hereby referred to, adopted, and made a part hereof, as if fully set out in this legislation, with the additions, insertions, deletions and changes, if any, prescribed in Section 2 of this Ordinance. Section 2. T hat Ordinance No. 4123 of City of Huntington Beach entitled An Ordinance of the City of Huntington Beach Amending Chapter 17.56 of the Huntington Beach Municipal Code Adopting the California Fire Code and all other ordinances or parts of laws in conflict herewith are hereby repealed. Section 3. That if any section, subsection, sentence, c lause or phrase of this legislation is, for any reason, held to be unconstitutional, such decision shall not affect the validity of the remaining po1iions of this ordinance. The City Council hereby declares that it would have passed this law, and each section, subsection, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, c lauses and phrases be declared unconstih1tional. Section 4. That nothing in thi s legislation or in the Fire Code hereby adopted sh all be construed to affect any suit or proceeding impending in any court, or any rights acqu ired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in Section 4 of this law; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this legislation. 19 -7 943/215527 9 220 Section 6. That the C ity Clerk is hereby ordered and directed to cause this legisl ation to be published. 17.56.020 Definition. Whe rever the word "jurisdiction" is used in the Fire Code as a reference to a location, it s hall m ean the C ity of Huntington Beach . 17.56.030 CFC Section [Al 101.1 Title, Amended. These regul ati ons shall be kn own as the City of Huntington Beach F ire Cod e (HBFC), hereinafter referred to as "this code." 17.56.040 CFC Section [Al 102.7 Referenced codes and standards, Amended. The codes and standards referenced in thi s code shall be tho se that are listed in C hapter 80 as well as City Specifications as si gned by the Fire Chief , and such codes and standards shall be considered to be pa rt of the re quirements of thi s code to the prescribed extent of each s uc h reference and as further regulated in Sectio ns 102. 7 .1 and 102. 7 .2. 17.56.050 CFC Section [Al 105.4.2.1 Fire Protection sys tem shop drawings, Amended. Shop drawings fo r the fir e protection system(s) shall be submitted to indicate compliance with this code and the constru ction docume nts, and shall b e approved prior to the start of installation. Shop drawings shall conta in a ll information as required by the referenced in stall ation standards in Chapter 9. Shop drawings are required for any fir e protection system th at is to be installed or modifi ed , re gard l ess of the number of sprinkler heads, a larm devices or nozzles involved, or t he doll ar va lu e of the wo rk. 17.56.060 CFC Section 105.6.30 Mobile food preparation vehicles, Amended. A permit is re quired for mobile food preparation vehicles that are pa1i of a Huntington Beach permitted sp ecial or specifi c event e quippe d with applia nces that produce smoke o r grease-laden vapors. 17.56.070 CFC Section [Al 108.1 Board of appeals established, Amended. In order to hear and decid e appeals of orders , d ecisions or determination s made by the fire code official re lat ive to t he application and interpretat ion of thi s code, there may be created a board of appeals . The bo ard of appeals shall be appo inted b y the City Council a nd sh all h old offi ce at its pl easure . The fir e code official sha ll be an ex officio mem ber of said bo a rd but sha ll have no vote on any matter b efore the board. The bo a rd shall adopt rul es of procedure for conductin g its business, and sha ll render a ll deci sio ns and findin gs in writing to the appell ant w ith a duplicate copy to the fire code official. 17.56.080 CFC Section [Al 110.4 Violation Penalties Ame nd ed. Persons w ho sh a ll violate a provision of thi s code or sha ll fail to comply with any of th e requirements th ereo f or w ho sha ll erec t, inst all , a lter, re pair or do work in v iolati o n of the approve d constructio n documen ts or directive of the fire co de official, or of a permit or ce1iificate used under provision s of thi s code sha ll be guilty of a misdemeanor as prescribed in C hapter 1.16 of the Huntington Beach Municipal Co de, or may be s ubj ect to admini strative citations as prescribed in Chapter 1.18 of the Huntington Beach Municipal Code. Each day that a v iolation continues after due noti ce h as been served shall be deemed a separate offense. 19 -7943/2 155 27 10 221 17.56.090 CFC Section 202, Definitions, CONTAINMENT VESSEL, Amended. A gas-tight Department of Transportation-transp01table recovery vessel designed so that a leaking compressed gas container can be placed with in its confines thereby encapsulating the leaking container. 17.56 .1 00 CFC Section321, Development on or near land containing or em itting toxic combustible or flammable liguids, gases or vapors, Added SECTION 321 DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC, COMBUSTIBLE OR FLAMMABLE LIQUIDS, GASES ORV APORS, Added 321.1 Geological studies, evaluations, reports. The fire code official may require the submitt al for approval of geological studies, evaluations, repo1ts remedial recommendations and/or simi lar documentation from a state licensed and department- approved individual or firm on any parcel of land to be developed which has, or is adjacent to, or within 1000 feet of a parcel of land that has an active or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors. The submitted documentation wi ll show that the site is compliant with cutTent signed City Specifications 429, Methane District Building Permit Requirements and 431 - 92, Soil Quality Standards. 17.56.110 CFC Section 322, Parade floats, Added CFC SECTION 322 PARADE FLOATS, Added 322.1 Decorative materials, Added. Decorative material s on parade floats shall be non- combustible or flame retardant. 322.2 Fire protection, Added. Motorized parade flo ats and towing apparatus shall be provided with a minimum 2A 1 OBC rated portable fire extinguisher readi ly accessibl e to the operator. 322.3 Engine exhaust, Added. Motorized parade floats shall be provided with an engine exhaust sys tem that is capable of can-ying the exhaust product away from any e nclosed spaces to the open air. 17.56.120 CFC Section 503.1.1 Buildings and facilities, Amended. Approved fire apparatus access roads shall be provided for every building, facility or p01tion of a building h ereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and cmrent signed City Specification 401 , Minimum Standards for Fire Apparatus Access, and shall extend to within 150 feet (45 720 mm) of all p01tio.ns of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception s: 19-7943/215527 11 222 1. The fire code official is authorized to increase the dimension of 150 feet ( 45 720 mm) where: 1.2. Fire apparatus access roads cannot be in stalled because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3. There are not more tha n two Group R-3 or Group U occupancies. 17.56.130 CFC Section 503.2 Specifications. Fire apparatus access roads shall be installed and airnnged in accordance with Sections 503.2.1 through 503.2.8 and current City Specification 401, Minimum Standards.for Fire Apparatus Access. 17.56.140 CFC Section 503.2.1 Dimensions, Amended. The fire access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.150 CFC Section 503.2.3 Surface, Amended. Fire apparatus access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.160 CFC Section 503.2.4 Turning radius, Amended. The required turning radius of a fire apparatus access road shall comply with th e requirements s tat ed in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.170 CFC Section 503.2.5 Dead ends, Amended. Dead-end fire apparatus access roads in excess of 150 feet ( 45 720 mm) in length sh a ll comply with the requirements stated in current City Specification 401, Minimum Standards.for Fire Apparatus Access. 17.56.180 CFC Section 503.6 Security gates, Amended. The installation of security gates across a fire apparatus access road shall be in stalled and operated in accordance w ith cmTent City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. 17 .5 6.190 CFC Section 505.1 Address identification, Amended. New and existing buildings shall be provided with address id entification in accordance with City Specification 428, Premise Identification. 17.56.200 CFC Section 506.1 Where required, Amended. Where access to or within a sh·ucture or an area i s restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to b e installed in an approved location in accordance with cm1·ent City Specification 403, Fire Access.for Pedestrian or Vehicular Security Gates & Buildings. 17.56.210 CFC Section 507.1 Required water supply, Amended. An approved water supply capable o f supplying the required fire flow for fire protection s hall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. 19-7943/2 1552 7 12 223 Exception: Title 25 California Code of Regulations, Chapter 2, Subchapter 1, Article 6 -Fire Protection Standards for Parks -is hereby adopted by reference , and applies to a ll existing mobile home parks licensed by the State of California Depa1iment of Housing and Community Development (HCD), notwithstanding any contrary provisions as set fo1ih in Title 25, Section l 304(a). 17.56.220 CFC Section 507.5 Fire hydrant systems, Amended. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.7 and Appendix C, or by an approved method. Minimum fire hydrant spacing for mu lti-family residential (triplexes or greater, apa1iment houses, hotels, convents or monasteries) and all commercial or industrial prope1iies shall be spaced not more than 300 feet along streets or fire apparatus access roadways, so that all fire apparatus-accessibl e portions of the building are within 150 feet of a hydrant. Minimum fire hydrant spacing for single-famil y detached and duplex residential dwelling s shall be not more than 500 feet along the street or fire apparatus access roadways, so that each dwelling is within 300 feet of a hydrant. 17.56.230 CFC Section 507.5.7 Fire hydrant supply connections, Added. It shall be prohibited for underground water supply lines with a single connection from a municipal main to supply both fire hydrants and fire suppression systems. Looped supply lines that are s upplied from two points of connection shall be a llowed for hydrants and fire suppress ion system supplie s. 17.56.240 CFC Section 901.6.3 Records, Amended. Records of all system inspections, te sts and maintenance required by the referenced standards shall be maintained. All repotis of the test and maintenance results shall be submitted to the Huntington Beach F ire Department e lectronically in a method and format selected by the fire code official. 17.56.250 CFC Section 903.2 Where Required, Amended. Approved automatic sprinkler syste ms in new buildings and structures as well as existing buildings and structures, as required by Section 1103.5 .5, shall be provided in the locations described in Sections 903.2.1 through 903 .2.12. In no case, where the provisions of Section 903 of this code are app licable, and notwithstanding any less restrictive provis ions or exceptions, shall a building or structure be constructed or modified to exceed 10 ,000 square feet in tota l gross floor area, or 5,000 square feet in gross floor area per fire area, without approved automatic sprinkler systems being provided throughout the building or fire area, respectively. 17.56.260 CFC Section 903.2.4 Group F, Amended. An automatic sprinkl er system sha ll be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: I. A Group F fire area exceeds 5,000 square feet. 2. A Group F fire area is located more than three stories above grade plane. 3. Reserve 19-7943/215527 13 224 4. A Group F occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m 2). 17.56.270 CFC Section 903.3.1.1.1 Exempt location, Amended. In other than Group I-2 , I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invi sible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains e lectrical equipment. I . Any room where the app li cation of water, or flame and water, constitutes a serious life or fire hazard. 2 . Any room or space wh ere sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Fire service access elevator machine rooms and machinery spaces. 4. Machine rooms, machinery spaces, control rooms, and control spaces with occupant evacuation elevators designed in accordance with Section 3008 of the California Building Code. 5. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated e lect rica l power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907 .2 and are separated from the remainder of the building by not less than I-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemb lies constructed in accordance w ith Section 712 of the California Building Code, or both. 6 . Solar photovoltaic panel structures with no use underneath. Signs may be provided, as determined by the enforcing agency prohibiting any use underneath including storage. 7. Solar photovoltaic (PV) panels suppo11ed by framing that h ave sufficient uniformly distributed and unobstructed openings throughout the top of the a rra y (horizontal plane) to a llo w h e at and gases to escape, as determined by the enforcing agency. 17.56.280 CFC Sectio n 903.3.5.3 Hydraulic calculations margin, Added. F ire protection system hydraulic calculations shall include a I 0 percent safety margin between the available water supply and the required system s upply. 17.56.290 CFC Section 903.4 Sprinkler system supervision and alarms, Amended. All valves controlling the water s upply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switch es on a ll sprinkler systems shall be electrically supervised by a listed fire a laim control unit. Exceptions: 1. Automatic sprinkl er syst ems protecting one-and two-family dwellings. 2. Limited area systems in accordance with Section 903.3.8. 19-7943/215527 14 225 3. Reserved. 4. Jocke y pump control valves that are sealed or locked in the open position. 5. Reserved. 6. Valves controlling the fuel supply to fire pump engines that are sea led or locked in the open po s iti on. 7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. 17.56.300 CFC Section 907.1 General, Amended. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and ex isting buildings and structures. The requirements of Section 907.2 are applicable to new buildings and sh·uctures. The requirements of Section 907.2 are also applicable to existing buildings and structures as required by section 907. 9. 17.56.310 CFC Section 914.2.1 Automatic sprinkler system, Amended. Covered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkl er system in accordance with Section 903 .3 .1.1, which shall comply with the following: 1. The automatic sprinkler system shall be complete and operative throughout occupied space in the covered mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be s imilarl y protected unless provided w ith approved altern ate protection. 2. Sprinkler protection for the mall of a covered mall building sh a ll be independent from that provided for tenant spaces or anchor buildings. 3. Sprinkler protection for the tenant spaces of an open mall building shall be independent from that provided for anchor buildings. 4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall. 5. Where tenant spaces are supplied by the same system, they shall be ind ependentl y controll ed. Exception: Reserved. 17.56.320 CFC Section 914.3.1 Automatic sprinkler system, Amended. Buildings and structures shall be equ ipp ed throughout with an automatic sprinkler system in accordance with Section 903.3 .1 .1 and a secondary water s upply where required by Section 914.3.2 . A sprink ler water-flow alarm-initiating device and a control valve with a supervisory s ignal -initiating device shall be provided at the latera l connection to the riser on each floor. 17.56.330 CFC Section 914.6.1 Automatic sprinkler system, Amended. Stages shall be equipped with an automatic fire-extinguishing system in accordance with Section 903.3.1.1. 19-7943/2 15527 15 226 Sprinklers shall be installed unde r the roof and gridi ro n and under all catwalks and ga lleries over the stage. Sprinklers shall be install ed in dre ssing rooms, performer lounges, shops and storerooms accessory to such s tages . 17.5 6.340 CFC Section 916.12 Notification Devices, Added. Gas detection systems shall be equipped w ith emergency notification devices. Notification devices shall be located in all areas of the building protected by the gas detection system . Notifica tion devices shall comply wi th the in sta ll atio n and spacin g r equirem ents stated in NFPA 72 and the manufacturer's specifications. 17.56.350 CFC Section 1103.5 Sprinkler systems, Amended. An automatic sprinkler system shall be provi ded in existing buildings in accordance with Sections 110 3 .5 .1 through 1103 .5.5. 17.56.360 CFC Se ction 1103.5.5 Tenant improvements, Added. Section 9 03 sh a ll apply to ex istin g occupancies/tenant space undergoing tenant impro vement as follows: 1 . Occupancy/tenant space undergoing tenant improvement where the square foo tage of the space is being in creased. 2. Occupancy/tenant space where there is a change in occupancy cl ass ification to an assembly, educati onal , institutional , hazardou s, or res id ential use. 3. Occupan cy/tenant space where the entire roof s tructure is to be removed during the improvement. 4. Assembly occupancy wi th an occ upant load th at exceeds 299 per sons. Exceptions: 1. Exis tin g Group R-3 occupancies tha t will remain below a gross floor area of 5,000 square feet. 2. Exis tin g Gro up R-2 occupancies w here the tenant improvement is in only one unit. 17.56.370 CFC Section 1103.7 Fire alarm systems, Amended. An approved fire a larm sys tem shall be in stall ed in existing buildings and structures in acco rd ance w it h Sections 1103. 7 .1 through 110 3.7.10 an d provide occupant notification in accordance with Section 907 .5 unl ess other r equirements are provided by other sections of th is code . Exis ting high-rise buildings sha ll comply w ith Section 110 3.7.8 and 11 03 .7 .9. Exception: Occupancies wi th an existing previously approved fire a larm system. 17.56.380 CFC Section 1103.7.10 Tenant improvements, Added. Section 907 s ha ll apply to existing occupan cies/te nant space undergoing tenant improvement as fo ll ows: 1 . Occupancy/tenant space undergoing tenant improvement wher e the square foo tage of the space is bein g increased. 19-7943/215527 16 227 2. Occupan cy/tenant space where there is a change in occupancy classification to an assembly, educational, institutional, hazardous , or residential use. 3. Occupancy/tena nt s pace where the entire roof structure is to be removed during the improvement. 4. Assembly occupancy that in creases the maximum occupant load to exceed 299 persons . Exception: The fire code officia l may waive th is requirement based on the scope of the project. 17 .56.3 90 CFC Section 23 06 .2.3 Above-ground tanks located outside, above grade, Amended. Above-ground tanks shall not be used for the storage of Class I, II, or III liquid motor fuel s, except as provided by this section . 1. A bove-gro und tan ks used for outside, above-grade storage of C lass I liqu id s shall be li sted and labeled as protected above groun d tanks in accordance w ith UL 2085 and shall be in acco rdance with Chapter 57. Such tanks s hall be loc ated in accordance with Table 2306.2.3. 2. Above-ground tanks used for outside, above-grade storage of C lass II o r IIIA liqui ds shall be listed and labe led as protected above-ground tanks in accordance with UL 2085 and shall b e in stalled in accordance with Chapter 57 . Tank locations shall be in accordance w ith Table 23 06 .2.3. Exception: Other aboveground tanks that comply with Chapter 57 where approved by the fire code official. 3. Tanks co nt aining fuels shall not exceed 2,200 ga llons (8,327 L). Aggregate quantities greater than 2,200 ga ll ons at a single site r equires approval by the fire code official. 4 . Tanks located at farms, construction projects, o r rural areas shall comply with section 5706.2 5. Above-ground tank s used for outside above-grade storage of Class IIIB liquid motor fuel sha ll be listed and labeled in accordance with UL 142 or listed and labeled as protected a bove-gro und tanks in accord ance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. 17.56.400 CFC Section 2306.2.4.1 Tank capacity limits, Amended. Tanks storing Class I and Class II liquid s a t an individual site shall be limited to a maximum individual capacity of2,200 ga ll ons (8,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a si ngle site r equ ires approval by the fire code official. 19-7943/2 15527 17 228 17.56.410 CFC Section 2306.2.4.2 Fleet vehicle motor fuel -dispensing facilities, Amended. Tanks storing Class II and Class IIIA liquids at a fleet vehicle motor fuel-dispensing facility shall be limited to a maximum individual capacity of2,200 gallons (8 ,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a s in g le site requires approval by the fire code official. 17.56.420 CFC Section 2306.2.6 Special enclosures, Amended. Where installation of tanks in accordance with Section 5704 .2.11 is impractical , or because of property or building limitations, tanks for liquid motor fuels are allowed to be installed in buildings in special enclosures in accordance with all of the following: 1. The special enclosures shall be liquid tight and vapor tight. 2. The special enclosure shall not contain backfill. 3. Side, top and bottom of the special enclosure shall be reinforced concrete at least 6 inches (152 mm) thick, with openings for in spection through the top only . 4. Tanks connections shall be piped or closed such that neither vapors not liquid can escape into the enclosed space between the s pecial enclo sure and any tanks inside the special enclosme . 5. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate in side the s pecial enclosure shou ld a leakage occur. 6. Tanks containing Class I, II , or IIIA liquids in side a special enclosure s hall n ot exceed 2,2 00 gallons (8 ,327 L) in individual capacity. Aggregate quantities greater than 2,200 gallons (8 ,327 L) at a single site r equires approval by the fire code official. 7. Each tank within spec ial enclosures shall be s urrounded by a clear space of not less th a n 3 feet (910 mm) to allow for maintenance and ins pection. 17.56.430 Section 3310.1 Required access, Amended. Approved vehicle access for firefighting shall be provided to all construction or demoli tion sites. Vehicle access s hall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections . Vehicle access sh all be provided by either temporary or permanent roads, capable of supporting vehicle loading under a ll weather conditions. Vehicle access s hall be maintained until pe1manent fire apparatus access roads are available. Construction sites shall have a minimum of 6-foot perimeter s ecurity fencing with gates installed for fire apparatus access. Gate widths shall be a minimum of 24 fee t for fire apparatus roadways and 6 feet for walk-in entry. Secured vehicle gates or entries s hall utili ze approved Knox padlock or e ntries s hall utilize an approved padlock or chain (maximum link or lock shackle size of Yi'') when required by a fir e code official. Temporary fir e l ane signs shall be provided and maintained to allow emergency access during construction. Hydra nts, fire department connections, and fire lanes shall be posted "Fire Lane -No Parking" when required by the fire code official. 19 -7943/215527 18 229 17.56.440 CFC Section 3312.1 When required, Amended. An approved water s upply for fire protection, either temporary or pe1manent, as approved by both the Fire and Public Works Departments, shall be made available as soon as combustible material arrives on the s ite. 17.56.450 CFC Section 3313.1 Where required, Amended. In buildings required to have standpipes by Section 905.3. I , not less than one standpipe shall be provided for use during construction. Such stan dpipe s hall be provided with fire department hose connections at accessible locations adjacent to usable stair s. Such standpipes s hall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. 17.56.460 CFC Section 3314.1.1 Function During Construction, Ad ded. For buildings higher than a single story above grade, and under construction, an approved automatic sprinkler system shall be installed and shall be fully functional up to one floor below the highest point of construction hav ing s ecured decking or flooring. Exception: Buildings entirely of Type 1 or Type 2 construction. 17.56.470 CFC Section 3318 Owner's responsibility, Added. Necessary precautions and engineering controls shall be utilized to minimize the potential for fa lse alarm activations caused by construction activity. False alaims caused by construction activity shall be treated as a system malfunction and may result in charge s in accordance with the approved fee sc hedule. 17.56.48 0 CFC Section 5003.3.1.4 R espo nsibility for cleanup, Amended. The person, fom or corporatio n re sponsible for an unauthorized discharge shall institute and complete all act ions necessary to remedy the effects of such unauthorized di schmge, whether sudden or gradua l, at no cost to the juris diction. When deem ed necessary by the fire code official, cleanup may be initiated by the fire depaitment or by an authorized indiv idual o r firm . Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge . Clean up shall comply with cmTent signed City Specification 431-92, Soil Quality Standard. 17.56.490 CFC Section 5704 .2.9.6.1 Locations where above-ground tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of Class I and Class II liquids in outside, above-ground tanks are hereby established for a ll commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Exceptions: 1. Bulk plants may exist in 1-G (General Industrial) zoned d i stricts only. 2. Class III liquids classified as a crude oil may only be stored on properties with an 0 (oil operations, no drilling) or 01 (drilling allowed, subject to conditional use) suffix. 3 . Class II liqui ds may be stored temporaril y on construction si tes with the approva l of the fire code official. 19-7943/215527 19 230 4. Storage of Class I or Class II liquid s in aboveground tanks is prohibited within the C ity of Huntington Beach except at the locations classified as Zone 1-G (General Indu strial) where permitted by a site plan use permit on property designated as potentially suitable for the uses permitted under these zone's classifications by the Huntington Beach Zoning and subdiv ision Ordinance as the same may be amended from time to tim e. 17.56.500 CFC Section 5704.2.11.1 Location, Amended. Flammable and combustible liquid storage tanks located underground, either outside or under buildings, shall be in accordance with all of the following: 1. Tanks shall be located with respect to existing foundations and supports such that the loads canied by the latter cannot be transmitted to the tank. 2. The distance from any pai1 of a tank storing liquids to the nearest wall of a basement, pit, cellar, or lot line shall not be less than 3 feet (914 mm). 3. A minimum distance of 1 foot (305 mm), s he ll to shell, shall be maintained between underground tanks. 4. The in stallation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The fire code official may authorize in stall ation of underground combustible/flammab le liquid tanks in agricultural and manufacturing districts. 17.56.5 10 CFC Section 5704.2.13.1.4 Tanks abandoned in place, Amended. Tanks shall not be abandoned in place. 17.56.520 CFC Section 5706.2.4.4 Locations where above-gi·ound tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of C lass I and II li quids in outside, aboveground tanks are hereby establi shed for all commercial land use di stricts as defined in the Huntington Beach Zoning and Subdivision Ordinan ce. Exceptions: 1. Bu lk plants may exist in 1-G (general industri a l) zoned districts only. 2. Class III liquids class ified as crude oil may only be stored on prope11ies with an 0 (oi l operations, no drilling) or 01 (drilling allowed, subject to conditional use) suffix. 3. Class II li quids may be stored temporarily on construction sites w ith the approval of the fire code official. 4 . The storage of C lass I and C lass II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at location s classified as Zone I-G (general indush·ial) where permitted by a site plan use permi t on prope11y designated as 19-7943/2 15 527 20 231 Huntington Beach Zoning and Subdivision Ordinance as the same may be amended fro m time to time. 17.56.530 CFC Section 5706.3 Well drilling, operating, and abandonment. Amended. Wells for oil production or injection, a nd wells for natural gas shall be drilled, operated or abandoned in accord ance th e Huntington Beach O il Code (Huntington Beach Municipal Code T itle 15). Where t here is a conflict between the Cal ifornia Fire Code and the Huntington Beach Oil Code, the most restri ctive shall govern. 17.56.540 CFC S ection 5801.1.1 Methane Soil Gas, Added. All sources of methane soil gas, including petrogenic and bi ogenic , a re subj ect t o methane soil gas testing, passive or active mitigation, and methane detection and a larm systems as p rescribed in C ity Specification 429, Methane Dis trict Building Permit Requ iremen ts. 17.56.550 CFC Section 5806.2 Limitations, Amended. The li mits referred to herein prohibiting the storage of fla mmabl e cryogeni c flui ds in stati onar y containers outsi de b u ildings are hereby established for a ll commercia l land use districts as defin e d in the Huntington Beach Zoning and Subdivision Ordinance. 17 .56.560 CFC Section 6104.2 Limitations, Amended . The limits referre d to herein prohibiting the storage of liquefied p etrole um gases for the protection of heavi ly popu lated or congested areas ar e h e reby established for a ll commercial land u se di stricts as de fined in the Huntington Beach Zoning and Subdivi s ion Ordinance. 17.5 6.5 70 CFC Chapter 80, Reference Standards, Amendments to NFPA 13-16 6.7.2, Amended: Fire department connections (FDC) s ha ll b e of an approved ty p e. The location shall be approved and be no more than 150 feet from a publ ic or private hydrant. If the FDC serves a standpipe system, it shall be no more than 100 feet from a hydrant. The size of piping and the number of inlets s ha ll be approved by t h e Fire code offi cial. If approved by the H.B. Public Works Dept., it m ay b e install ed on the b ack.flow assembly. Fire depaitment inl et connections shall be painted OSHA safety red. When the fire sprinkler densit y design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, fom 2 Yi'' inlets shall be provided. 8.17.1.1.1 Residential Water-flow Alarms, Added. Local water-flow a larms shall be provided on a ll spri nkler systems and shall be connected to the building fire a larm or water-flow monitoring system where provided. Group R occupancies not requi ring a fire a larm system by the California Fire Code shall be provided with at least one approved interior alarm dev i ce in each unit, or interconnection to the unit smoke alarm system. Sound level s in all s l eeping areas shall be a minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with a ll intervening doors closed. A lai·ms shall be audible within a ll oth er liv ing a reas within each dwelling u n it. When not connected t o a fir e a la rm or water-flow monitoring system, audible devices shall be p owered from an uninte1rnptible circuit (except fo r over-current protection (GFI), serving normally operated appliances in the residence. 19-7943/215527 21 232 23.1.3 (43), Amended: Size and location of hy drants, s howing size a nd numbe r of o utlets and if outlets are to be equipped with independent gate valves . Whether hose houses and equi pment are to be provided, and by whom, shall be indicated. Static and residual h ydrants that were used in the fl ow tests shall be shown. Water s upply cert ification shall be not m ore than six months prior to the plan submittal to the authority having juris dicti on. 17 .56.580 CFC Chapter 80, Reference Standards, Amendments to N FP A 13D-16 4.1.5, Added: Stock of Spare Sprinklers. 4.1.5.1, Added: A supply of at least two sprinklers for each type shall be maintained o n the pre mi ses so that a ny sprinklers that have operated or been damaged in any way can be promptly replaced. 4.1.5.2, Added: The sprinklers s hall co rre spo nd to the types and temperature ratings of the sprinklers in the property. 4.1.5.3, Added : The sprinklers s h a ll be kept in a cabinet located w h ere the temperature to which they are subjected will at no time exceed 100 °F (38 °C). 4.1.5.4, Added: A sp ecial sprinkler wrench sha ll be provided a nd kept in the cabinet to be used in the removal a nd installation of sprinklers. One sprinkler wrench shall be prov id e d fo r each type of sprinkler in stalled. 7.1.2, Amended. The sprinkler system piping sha ll not have a sep arate co ntrol valve install ed unless supervised by one of the following method s: (1) Central station, proprietary or remote station alarm service. 7.3 Pressure Gauges, Amended. At least one water press ure gauge sh a ll be installed on the ri ser assembly. 7.6 Alarms, Amended. Exterior water flow alarm indicating dev ices sha ll be listed for outside service and audible from the s treet from which the house is addressed. Exterior audible devices shall be placed on the front or s ide of the structure and the location subject to final approval by the fire code official. Additional interior a larm devices sh a ll be required to provide a udibility throughout the s tructure . Sound levels in a ll sleeping areas w ith all intervening doors closed shall be a minimum of 15 dBA above the average ambient so und leve l but not less than 75 dBA. Audib le device s s hall be p owered from an unintenuptible circuit (except for over-current protection) serving norma ll y operated appliances in the resi d ence. Exceptions : 19 -7943/215527 1. When an approved water flow monitoring system i s installed, interior audible devices m ay be powered through the fi re alarm control panel. 22 233 2. When smoke detectors specified by the CBC or CRC are used to sound an interior alarm upon water flow switch activation. 17.56.590 CFC Chapter 80, Reference Standards, Amendments to NFPA 13R-16 6.16 .1, Amended. A local waterflow alarm s hall be prov id ed on all sprinkler systems and shall be connected to the building fire alarm or water-flow m onitoring syste m where provided. Group R occupancies containing le ss than the number of storie s, dwelling units or occupant load specified in Chapter 9 of the California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound level s in all s leeping areas shall be a minimum of 15 dBA a bove the average ambient sound or a minimum of 7 5 dBA with all intervening doors closed. Alarms shall be a udibl e within all o ther living areas wi thin each dwelling un it. When not connected to a fire alarm, reside ntial s moke detection or water-flow m o ni toring system , aud ible devices s hall be powered from an uninterruptible circuit (except for over- current protection) serving normally operated appliances in the residence. There sha ll also b e a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. 17.56.600 CFC Chapter 80, Reference Standards, Amendments to NFPA 14-13 6.4 .5.4 .1, Amended. The fire department connection s ha ll have/our 2 Yz inch, internal tlu·eaded (NHS) inlets. The inlets shall be provided with approved caps to protect the system from entry of debris. The location of the FDC shall be approved and be no more than I 00 feet from a p ubl ic hydrant. If acceptable to the water authority, it may be insta ll ed on the backflow assembly. Fire department inlet connections shall be p ain te d OSHA safety red. 17 .56.610 CFC Chapter 80, Reference Standards, Amendments to NFPA 24-16 5.9.1.2, Amended. Fire department connections shall be of an approved type and contain a minimum of two 2 Yz inch inlets. The location shall be approved and be no more than 15 0 feet from a public or private fire hydrant when serving a fire sprinkler system . When serving a standpipe system, it can be no more than 100 feet from a h ydrant. If acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red. 5.9.1.2.1, Added. When the sprinkler den sity design is 500 gpm (including the interior h ose stream demand) or g re a ter, or a standpipe sys tem is included, fo ur 2 W' inlets shall be provided. 6.2 .1.1, Added. The closest up stream indic atin g control valve to the riser shall be painted OSHA red. 6.3.3, Added. All post indicator valves controlling fir e suppression water supplies sh all be painted OSHA red . 19-7943 /215527 23 234 10.1.1.3.2, Added. All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings sha ll be protected w ith a loose 8-mi l polyethylene tube. T he ends of the tube shall extend past the j oint by a minimum of 12 in ches and be sealed with 2 inch wid e tape approved for und er ground use. Galvanizin g does not m eet the requirements of thi s section. Exception: 3 16 Stainless Steel pipe and fittings. l 0.4.1.1 , Amended. All bolted joint acc essories s hall be cleaned and thoroughly coated with asphalt or other co1Tosion-retarding m aterial, prior to poly-tube, and after installation. 10 .4.1.4, Added . A ll bo lts used in pipe-joint assembly s ha ll be 316 sta in less s teel. 10.4.3.1, Amended. Private fire serv ice main s supp lying fire protection systems within the building shall be permitted to extend no more than 18 inches, as measured from the o utside of th e buil d in g to the center of the vertical pipe, under the building to the ri ser locati o n . The pipe under the building or building fo undati on shall be 3 16 stainle ss steel and shall not contain mechanical joints. 10.4.3.1.1 , A mended. Pipe Jo int s s hall not be located under foundation footings. The pipe under the building o r building foundation s ha ll b e 316 stainless steel and s hall not contain mechanical j o ints. 10.4.3.2, Amended. Where approved, private fire service mains supplying systems w ithin t he buil d ing shall be p erm itted to extend more than 18 inches u nder the bui ld ing when a ll the requirements of 10.4.3.2 .1 through 10.4 .3.2.4 are m et. 17.56.620 CFC C hapter 80, Reference Standards, Amendments to NFPA 72-16 14.2.2.2 .3, Amended. If a defi c iency is not conected at th e conclusion of sys tem inspection, testin g, or maintenance, the system owner or the owner 's designated representative a nd fire code official shall be info rmed of the impair ment in writi ng within 2 4 h ours. 17.56.630 CFC Appendix B, Fire Flow Requirements for Buildings , BIOS One-and two- family dwellings , Amended. The minimum fire-flow and flo w duration requirements for one- and two-fami ly dwellings, Gro up R-3 and R-4 buildings and townhouses shall be as specified in Tables BIO S.I (1) a nd BIO S.I (2). Exception: When the building is equipped with an approved automatic sprinkler sys tem, th e fire flow requirements of Table B 1 OS. l and B lOS.1 (2) shall not be less than 1,000 gallons per minute (378S .4 L/min) fo r 1 h our. 19-7943/2 15527 24 235 SECTION 4 . This ordinance shall become effective thirty (30) days from the date of 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 , 2019. Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager 19-7943/215527 25 236 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 1 of 33 2019 FIRE CODE ADOPTION CHAPTER 1, SCOPE AND ADMINISTRATION 17.56.030 [A] 101.1 Title, Amended These regulations shall be known as the City of Huntington Beach Fire Code (HBFC), hereinafter referred to as “this code.” Markup Version [A] 101.1 Title These regulations shall be known as the City of Huntington Beach Fire Code (HBFC) hereinafter referred to as “this code.” 17.56.040 [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 as well as City Specifications as signed by the Fire Chief , and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Markup Version [A] 102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 as well as City Specifications as signed by the Fire Chief , and such codes and standards shall be considered to be part of the requirements of this code to the pre- scribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 17.56.050 [A] 105.4.2.1 Fire Protection system shop drawings, Amended. Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code and the construction documents, and shall be approved prior to the start of installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. Shop drawings are required for any fire protection system that is to be installed or modified, regardless of the number of sprinkler heads, alarm devices or nozzles involved, or the dollar value of the work. Markup Version [A] 105.4.2.1 Fire Protection system shop drawings, Amended. Shop drawings for the fire protection system(s) shall be submitted to indicate compliance with this code 237 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 2 of 33 and the construction documents, and shall be approved prior to the start of installation. Shop drawings shall contain all information as required by the referenced installation standards in Chapter 9. Shop drawings are required for any fire protection system that is to be installed or modified, regardless of the number of sprinkler heads, alarm devices or nozzles involved, or the dollar value of the work. 17.56.060 105.6.30 Mobile food preparation vehicles, Amended. A permit is required for mobile food preparation vehicles that are part of a Huntington Beach permitted special or specific event equipped with appliances that produce smoke or grease-laden vapors. Markup Version 105.6.30 Mobile food preparation vehicles, Amended. A permit is required for mobile food preparation vehicles that are part of a Huntington Beach permitted special or specific event equipped with appliances that produce smoke or grease-laden vapors. 17.56.070 [A] 108.1 Board of appeals established, Amended. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there may be created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. Markup Version [A] 108.1 Board of appeals established, Amended. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretation of this code, there may be created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall have no vote on any matter before the board. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the fire code official. 17.56.080 [A] 110.4 Violation Penalties Amended. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code shall be guilty of a misdemeanor as prescribed in Chapter 1.16 of the Huntington Beach Municipal Code, or may be subject to administrative citations as prescribed in Chapter 238 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 3 of 33 1.18 of the Huntington Beach Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. Markup Version [A] 110.4 Violation Penalties Amended. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code shall be guilty of a misdemeanor as prescribed in Chapter 1.16 of the Huntington Beach Municipal Code, or may be subject to administrative citations as prescribed in Chapter 1.18 of the Huntington Beach Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offence. CHAPTER 2, DEFINITIONS 17.56.090 CONTAINMENT VESSEL, Amended. A gas-tight Department of Transportation- transportable recovery vessel designed so that a leaking compressed gas container can be placed within its confines thereby encapsulating the leaking container. Mark-up version: CONTAINMENT VESSEL, Amended. A gas-tight Department of Transportation- transportable recovery vessel designed so that a leaking compressed gas container can be placed within its confines thereby encapsulating the leaking container. CHAPTER 3, GENERAL REQUIREMENTS 17.56.100 SECTION 321 DEVELOPMENT ON OR NEAR LAND CONTAINING OR EMITTING TOXIC, COMBUSTIBLE OR FLAMMABLE LIQUIDS, GASES OR VAPORS, Added 321.1 Geological studies, evaluations, reports. The fire code official may require the submittal for approval of geological studies, e valuations, reports remedial recommendations and/or similar documentation from a state licensed and department-approved individual or firm on any parcel of land to be developed which has, or is adjacent to, or within 1000 feet of a parcel of land that has an active or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors. The submitted documentation will show that the site is compliant with current signed City Specifications 429, Methane District Building Permit Requirements and 431-92, Soil Quality Standards. 239 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 4 of 33 17.56.110 CFC SECTION 321 PARADE FLOATS, Added 321.1 Decorative materials, Added. Decorative materials on parade floats shall be non-combustible or flame retardant. 321.2 Fire protection, Added. Motorized parade floats and towing apparatus shall be provided with a minimum 2A10BC rated portable fire extinguisher readily accessible to the operator. 321.3 Engine exhaust, Added. Motorized parade floats shall be provided with an engine exhaust system that is capable of carrying the exhaust product away from any enclosed spaces to the open air. CHAPTER 5, FIRE SERVICE FEATURES 17.56.120 503.1.1 Buildings and facilities, Amended. Approved fire apparatus access roads shall be provided for every building, facility or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and current signed City Specification 401, Minimum Standards for Fire Apparatus Access, and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1.1 Reserved. 1.2. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3. There are not more than two Group R-3 or Group U occupancies. 2. Reserved. Mark-up Version: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every building, facility or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and current City Specification 401, Minimum Standards for 240 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 5 of 33 Fire Apparatus Access shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exceptions: 1. The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where any of the following conditions occur 1.1 Reserved. 1. 2 Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar conditions, and in approved alternatives means of fire protection is provided. 1.3. There are not more than two Group R-3 or Group U occupancies. 2. Reserved. 17.56.130 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and current City Specification 401, Minimum Standards for Fire Apparatus Access. Mark-up Version: 503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.140 503.2.1 Dimensions, Amended. The fire access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. Mark-up Version: 503.2.1 Dimensions, Amended. Fire apparatus access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.150 Section 503.2.3 Surface, Amended. Fire apparatus access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. Mark-up Version: 241 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 6 of 33 Section 503.2.3 Surface, Amended. Fire apparatus access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.160 503.2.4 Turning radius, Amended. The required turning radius of a fire apparatus access road shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. Mark-up Version 503.2.4 Turning radius Amended. The required turning radius of a fire apparatus access road shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.170 503.2.5 Dead ends, Amended. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall comply with the requirements sta ted in current City Specification 401, Minimum Standards for Fire Apparatus Access. Mark-Up Version: 503.2.5 Dead ends, Amended. Dead-end fire apparatus access roads in excess of 150 feet (45 720 mm) in length shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.180 503.6 Security gates. The installation of security gates across a fire apparatus access road shall be installed and operated in accordance with current City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Mark-Up Version: 503.6 Security gates, Amended. The installation of security gates across a fire apparatus access road shall be installed and operated in accordance with current City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. 17.56.190 505.1 Address identification, Amended. New and existing buildings shall be provided with address identification in accordance with City Specification 428, Premise Identification. Mark-Up Version: 505.1 Address identification, Amended. New and existing buildings shall be provided with address identification in accordance with City Specification 428, Premise Identification. 242 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 7 of 33 17.56.200 506.1 Where required, Amended. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location in accordance with current City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Mark-up Version: 506.1 Where required, Amended. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location in accordance with current City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. 17.56.210 507.1 Required water supply, Amended. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Exception: Title 25 California Code of Regulations, Chapter 2, Subchapter 1, Article 6 – Fire Protection Standards for Parks – is hereby adopted by reference, and applies to all existing mobile home parks licensed by the State of California Department of Housing and Community Development (HCD), notwithstanding any contrary provisions as set forth in Title 25, Section 1304(a). Mark-Up Version: 507.1 Required water supply, Amended. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. Exception: Title 25 California Code of Regulations, Chapter 2, Subchapter 1, Article 6 – Fire Protection Standards for Parks – is hereby adopted by reference, and applies to all existing mobile home parks licensed by the State of California Department of Housing and Community Development (HCD), notwithstanding any contrary provisions as set forth in Title 25, Section 1304(a). 17.56.220 507.5 Fire hydrant systems, Amended. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.7 and Appendix C, or by an approved method. 243 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 8 of 33 Minimum fire hydrant spacing for multi-family residential (triplexes or greater, apartment houses, hotels, convents or monasteries) and all commercial or industrial properties shall be spaced not more than 300 feet along stre ets or fire apparatus access roadways, so that all fire apparatus-accessible portions of the building are within 150 feet of a hydrant. Minimum fire hydrant spacing for single-family detached and duplex residential dwellings shall be not more than 500 feet along the street or fire apparatus access roadways, so that each dwelling is within 300 feet of a hydrant. Mark-Up Version: 507.5 Fire hydrant systems, Amended. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.6 and Appendix C, or by an approved method. Minimum fire hydrant spacing for multi-family residential (triplexes or greater, apartment houses, hotels, convents or monasteries) and all commercial or industrial properties shall be spaced not more than 300 feet along streets or fire apparatus access roadways, so that all fire apparatus-accessible portions of the building are within 150 feet of a hydrant. Minimum fire hydrant spacing for single-family detached and duplex residential dwellings shall be not more than 500 feet along the street or fire apparatus access roadways, so that each dwelling is within 300 feet of a hydrant. 17.56.230 Section 507.5.7 Fire hydrant supply connections, Added. It shall be prohibited for underground water supply lines with a single connection from a municipal main to supply both fire hydrants and fire suppression systems. Looped supply lines that are supplied from two points of connection shall be allowed for hydrants and fire suppression system supplies. CHAPTER 9, FIRE PROTECTION SYSTEMS 17.56.240 901.6.3 Records, Amended. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained. All reports of the test and maintenance results shall be submitted to the Huntington Beach Fire Department electronically in a method and format selected by the fire code official. Mark-up Version: 901.6.3 Records, Amended. Records of all system inspections, tests and maintenance required by the referenced standards shall be maintained. All reports of the test and maintenance results shall be submitted to the Huntington Beach Fire Department electronically in a method and format selected by the fire code official. 17.56.250 903.2 Where Required, Amended. Approved automatic sprinkler systems in new buildings and structures as well as existing buildings and structures, as required by Section 1103.5.5, shall be provided in the locations described in Sections 903.2.1 244 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 9 of 33 through 903.2.12. In no case, where the provisions of Section 903 of this code are applicable, and notwithstanding any less restrictive provisions or exceptions, shall a building or structure be constructed or modified to exceed 10,000 square feet in total gross floor area, or 5,000 square feet in gross floor area per fire area, without approved automatic sprinkler systems being provided throughout the building or fire area, respectively. Mark-Up Version: 903.2 Where required, Amended. Approved automatic sprinkler systems in new buildings and structures as well as existing buildings and structures, as required by Section 1103.5.5, shall be provided in the locations described in Sections 903.2.1 through 903.2.12. In no case, where the provisions of Section 903 of this code are applicable, and notwithstanding any less restrictive provisions or exceptions, shall a building or structure be constructed or modified to exceed 10,000 square feet in total gross floor area, or 5,000 square feet in gross floor area per fire area, without approved automatic sprinkler systems being provided throughout the building or fire area, respectively. 17.56.260 903.2.4 Group F, Amended. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. A Group F fire area exceeds 5,000 square feet. 2. A Group F fire area is located more than three stories above grade plane. 3. Reserve 4. A Group F occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m²). Mark-Up Version: 903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: 1. A Group F-1 fire area exceeds 12,000 square feet (1115 m 2). 2. A Group F-1 fire area is located more than three stories above grade plane. 3. Reserve. 4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeds 2,500 square feet (232 m 2). 245 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 10 of 33 17.56.270 903.3.1.1.1 Exempt location, Amended. In other than Group I-2, I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Fire service access elevator machine rooms and machinery spaces. 4. Machine rooms, machinery spaces, control rooms, and control spaces with occupant evacuation elevators designed in accordance with Section 3008 of the California Building Code. 5. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 712 of the California Building Code, or both. 6. Solar photovoltaic panel structures with no use underneath. Signs may be provided, as determined by the enforcing agency prohibiting any use underneath including storage. 7. Solar photovoltaic (PV) panels supported by framing that have sufficient uniformly distributed and unobstructed openings throughout the top of the array (horizontal plane) to allow heat and gases to escape, as determined by the enforcing agency. Mark-Up Version: 903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3 occupancies, automatic sprinklers shall not be required in the following rooms or areas where such rooms or areas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers shall not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 246 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 11 of 33 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Fire service access elevator machine rooms and machinery spaces. 4. Machine rooms, machinery spaces, control rooms, and control spaces associated with occupant evacuation elevators designed in accordance with Section 3008 of the California Building Code. 5. When approved by the fire code official, spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, and associated electrical power distribution equipment, provided those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 of the California Building Code or not less than 2-hour horizontal assemblies constructed in accordance with Section 712 of the California Building Code, or both. 6. Solar photovoltaic panel structures with no use underneath. Signs may be provided, as determined by the enforcing agency prohibiting any use underneath including storage. 7. Solar photovoltaic (PV) panels supported by framing that have sufficient uniformly distributed and unobstructed openings throughout the top of the array (horizontal plane) to allow heat and gases to escape, as determined by t he enforcing agency. 17.56.280 903.3.5.3 Hydraulic calculations margin, Added. Fire protection system hydraulic calculations shall include a 10 percent safety margin between the available water supply and the required system supply. 17.56.290 903.4 Sprinkler system supervision and alarms, Amended. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area systems in accordance with Section 903.3.8. 3. Reserved. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Reserved. 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 247 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 12 of 33 7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. Mark-Up Version: 903.4 Sprinkler system supervision and alarms. All valves controlling the water supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Exceptions: 1. Automatic sprinkler systems protecting one- and two-family dwellings. 2. Limited area systems in accordance with Section 903.3.8. 3. Reserved. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Reserved. 6. Valves controlling the fuel supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, preaction and deluge sprinkler systems that are sealed or locked in the open position. 17.56.300 907.1 General, Amended. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.2 are also applicable to existing buildings and structures as required by section 907.9. Mark-Up Version: 907.1 General, Amended. This section covers the application, installation, performance and maintenance of fire alarm systems and their components in new and existing buildings and structures. The requirements of Section 907.2 are applicable to new buildings and structures. The requirements of Section 907.2 are applicable to existing buildings and structures as required by section 907.9. 248 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 13 of 33 17.56.310 914.2.1 Automatic sprinkler system, Amended. Covered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, which shall comply with the following: 1. The automatic sprinkler system shall be complete and operative throughout occupied space in the covered mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be similarly protected unless provided with approved alternate protection. 2. Sprinkler protection for the mall of a covered mall building shall be independent from that provided for tenant spaces or anchor buildings. 3. Sprinkler protection for the tenant spaces of an open mall building shal l be independent from that provided for anchor buildings. 4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall. 5. Where tenant spaces are supplied by the same system, they shall be independently controlled. Exception: Reserved. Mark-Up Version: 914.2.1 Automatic sprinkler system. Covered and open mall buildings and buildings connected shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1, which shall comply with the all of the following: 1. The automatic sprinkler system shall be complete and operative throughout occupied space in the mall building prior to occupancy of any of the tenant spaces. Unoccupied tenant spaces shall be similarly protected unless provided with approved alternative protection. 2. Sprinkler protection for the mall of a covered mall building shall be independent from that provided for tenant spaces or anchor buildings. 3. Sprinkler protection for the tenant spaces of an open mall building shall be independent from that provided for anchor buildings. 4. Sprinkler protection shall be provided beneath exterior circulation balconies located adjacent to an open mall. 5. Where tenant spaces are supplied by the same system, t hey shall be independently controlled. Exception: Reserved. 249 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 14 of 33 17.56.320 914.3.1 Automatic sprinkler system, Amended. Buildings and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 914.3.2. A sprinkler water-flow alarm-initiating device and a control valve with a supervisory signal-initiating device shall be provided at the lateral connection to the riser on each floor. Exception: Reserved. Mark-Up Version: 914.3.1 Automatic sprinkler system. Buildings and structures shall be equipped throughout with an automatic sprinkler system in accordance with Section 903.3.1.1 and a secondary water supply where required by Section 914.3.2. A sprinkler water-flow alarm-initiating device and a control valve with a supervisory signal-initiating device shall be provided at the lateral connection to the riser on each floor. Exception: 5Reserved. 17.56.330 914.6.1 Automatic sprinkler system, Amended. Stages shall be equipped with an automatic fire-extinguishing system in accordance with Section 903.3.1.1. Sprinklers shall be installed under the roof and gridiron and under all catwalks and galleries over the stage. Sprinklers shall be installed in dressing rooms, performer lounges, shops and storerooms accessory to such stages. Exceptions: 1. Reserved. 2. Reserved. 3. Reserved. Mark-Up Version: 914.6.1 Automatic sprinkler system. Stages shall be equipped with an automatic sprinkler system in accordance with Section 903.3.1.1. Sprinklers shall be installed under the roof and gridiron and under all catwalks and galleries over the stage. Sprinklers shall be installed in dressing rooms, performer lounges, shops and storerooms accessory to such stages. Exceptions: 1. Reserved. 2. Reserved. 3. Reserved. 250 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 15 of 33 17.56.340 916.12 Notification Devices, Added. Gas detection systems shall be equipped with emergency notification devices. Notification devices shall be located in all areas of the building protected by the gas detection system. Notification devices shall comply with the installation and spacing requirements stated in NFPA 72 and the manufacturer’s specifications. CHAPTER 11, CONSTRUCTION REQUIREMENTS FOR EXISTING BUILDINGS 17.56.350 1103.5 Sprinkler systems, Amended. An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5. Mark-Up Version: 1103.5 Sprinkler systems. An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1103.5.1 through 1103.5.5 17.56.360 1103.5.5 Tenant improvements, Added. Section 903 shall apply to existing occupancies/tenant space undergoing tenant improvement as follows: 1. Occupancy/tenant space undergoing tenant improvement where the square footage of the space is being increased. 2. Occupancy/tenant space where there is a change in occupancy classification to an assembly, educational, institutional, hazardous, or residential use. 3. Occupancy/tenant space where the entire roof structure is to be removed during the improvement. 4. Assembly occupancy with an occupant load that exceeds 299 persons. Exceptions: 1. Existing Group R-3 occupancies that will remain below a gross floor area of 5,000 square feet. 2. Existing Group R-2 occupancies where the tenant improvement is in only one unit. Mark-Up Version: Not applicable – Added Section 17.56.370 1103.7 Fire alarm systems, Amended. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.10 and provide occupant notification in accordance with Section 907.5 251 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 16 of 33 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.8 and 1103.7.9. Exception: Occupancies with an existing previously approved fire alarm system. Mark-Up Version: 1103.7 Fire alarm systems. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through 1103.7.10 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing high-rise buildings shall comply with Section 1103.7.8 and 1103.7.9. 17.56.380 1103.7.10 Tenant improvements, Added. Section 907 shall apply to existing occupancies/tenant space undergoing tenant improvement as follows: 1. Occupancy/tenant space undergoing tenant improvement where the square footage of the space is being increased. 2. Occupancy/tenant space where there is a change in occupancy classification to an assembly, educational, institutional, hazardous, or residential use. 3. Occupancy/tenant space where the entire roof structure is to be removed during the improvement. 4. Assembly occupancy that increases the maximum occupant load to exceed 299 persons. Exception: The fire code official may waive this requirement based on the scope of the project. CHAPTER 23, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES 17.56.390 2306.2.3 Above-ground tanks located outside, above grade, Amended. Above- ground tanks shall not be used for the storage of Class I, II, or III liquid motor fuels, except as provided by this section. 1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above ground tanks in accordance with UL 2085 and shall be in accordance with Chapter 57. Such tanks shall be located in accordance with Table 2306.2.3. 2. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in 252 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 17 of 33 accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. Exception: Other aboveground tanks that comply with Chapter 57 where approved by the fire code official. 3. Tanks containing fuels shall not exceed 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons at a single site requires approval by the fire code official. 4. Tanks located at farms, construction projects, or rural areas shall comply with section 5706.2 5. Above-ground tanks used for outside above-grade storage of Class IIIB liquid motor fuel shall be listed and labeled in accordance with UL 142 or listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. Mark-Up Version: 2306.2.3 Above-ground tanks located outside, above grade, Amended. Aboveground tanks shall not be used for the storage of Class I, II or III liquid motor fuels, except as provided by this section. 1. Above-ground tanks used for outside, above-grade storage of Class I liquids shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be in accordance with Chapter 57. Such tanks shall be located in accordance with Table 2306.2.3. 2. Above-ground tanks used for outside, above-grade storage of Class II or IIIA liquids shall be listed and labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. Exception: Other above-ground tanks that comply with Chapter 57 where approved by the fire code official. 3. Tanks containing fuels shall not exceed 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons at a single site requires approval by the fire code official. 4. Tanks located at farms, construction projects, or rural areas shall comply with Section 5706.2. 5. Above-ground tanks used for outside above-grade storage of Class IIIB liquid motor fuel shall be listed and labeled in accordance with UL 142 or listed and 253 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 18 of 33 labeled as protected above-ground tanks in accordance with UL 2085 and shall be installed in accordance with Chapter 57. Tank locations shall be in accordance with Table 2306.2.3. 17.56.400 2306.2.4.1 Tank capacity limits, Amended. Tanks storing Class I and Class II liquids at an individual site shall be limited to a maximum individual capacity of 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. Mark-Up Version: 2306.2.4.1 Tank capacity limits, Amended. Tanks storing Class I and Class II liquids at an individual site shall be limited to a maximum individual capacity of 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. 17.56.410 2306.2.4.2 Fleet vehicle motor fuel-dispensing facilities, Amended. Tanks storing Class II and Class IIIA liquids at a fleet vehicle motor fuel-dispensing facility shall be limited to a maximum individual capacity of 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. Mark-Up Version: 2306.2.4.2 Fleet vehicle motor fuel-dispensing facilities, Amended. Tanks storing Class II and Class IIIA liquids at a fleet vehicle motor fuel-dispensing facility shall be limited to a maximum individual capacity of 2,200 gallons (8,327 L). Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. 17.56.420 2306.2.6 Special enclosures, Amended. Where installation of tanks in accordance with Section 5704.2.11 is impractical, or because of prope rty or building limitations, tanks for liquid motor fuels are allowed to be installed in buildings in special enclosures in accordance with all of the following: 1. The special enclosures shall be liquid tight and vapor tight. 2. The special enclosure shall not contain backfill. 3. Side, top and bottom of the special enclosure shall be reinforced concrete at least 6 inches (152 mm) thick, with openings for inspection through the top only. 254 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 19 of 33 4. Tanks connections shall be piped or closed such that neither vapors not li quid can escape into the enclosed space between the special enclosure and any tanks inside the special enclosure. 5. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate inside the special enclosure should a leakage occur. 6. Tanks containing Class I, II, or IIIA liquids inside a special enclosure shall not exceed 2,200 gallons (8,327 L) in individual capacity. Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. 7. Each tank within special enclosures shall be surrounded by a clear space of not less than 3 feet (910 mm) to allow for maintenance and inspection. Mark-Up Version: 2306.2.6 Special enclosures, Amended. Where installation of tanks in accordance with Section 5704.2.11 is impractical, or because of property or building limitations, tanks for liquid motor fuels are allowed to be installed in buildings in special enclosures in accordance with all of the following: 1. The special enclosure shall be liquid tight and vapor tight. 2. The special enclosure shall not contain backfill. 3. Sides, top and bottom of the special enclosure shall be of reinforced concrete at least 6 inches (152 mm) thick, with openings for inspection through the top only. 4. Tank connections shall be piped or closed such that neither vapors nor liquid can escape into the enclosed space between the special enclosure and any tanks inside the special enclosure. 5. Means shall be provided whereby portable equipment can be employed to discharge to the outside any vapors which might accumulate inside the special enclosure should leakage occur. 6. Tanks containing Class I, II or IIIA liquids inside a special enclosure shall not exceed 2,200 gallons (8,327 L) in individual capacity. Aggregate quantities greater than 2,200 gallons (8,327 L) at a single site requires approval by the fire code official. 7. Each tank within special enclosures shall be surrounded by a clear space of not less than 3 feet (910 mm) to allow for maintenance and inspection. CHAPTER 33, FIRE SAFETY DURING CONSTRUCTION 17.56.430 3310.1 Required access, Amended. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. 255 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 20 of 33 Vehicle access shall be provided by either temporary or permanent roads, capa ble of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Construction sites shall have a minimum of 6-foot perimeter security fencing with gates installed for fire apparatus access. Gate widths shall be a minimum of 24 feet for fire apparatus roadways and 6 feet for walk-in entry. Secured vehicle gates or entries shall utilize approved Knox padlock or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of ¼”) when required by a fire code official. Temporary fire lane signs shall be provided and maintained to allow emergency access during construction. Hydrants, fire department connections, and fire lanes shall be posted “Fire Lane – No Parking” when required by the fire code official. Mark-Up Version: 3310.1 Required access, Amended. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capa ble of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. Construction sites shall have a minimum of 6-foot perimeter security fencing with gates installed for fire apparatus access. Gate widths shall be a minimum of 24 feet for fire apparatus roadways and 6 feet for walk-in entry. Secured vehicle gates or entries shall utilize approved Knox padlock or entries shall utilize an approved padlock or chain (maxim um link or lock shackle size of ¼”) when required by a fire code official. Temporary fire lane signs shall be provided and maintained to allow emergency access during construction. Hydrants, fire department connections, and fire lanes shall be posted “Fir e Lane – No Parking” when required by the fire code official. 17.56.440 3312.1 When required, Amended. An approved water supply for fire protection, either temporary or permanent, as approved by both the Fire and Public Works Departments, shall be made available as soon as combustible material arrives on the site. Mark-Up Version: 3312.1 When required, Amended. An approved water supply for fire protection, either temporary or permanent, as approved by both the Fire and Public Works Departments, shall be made available as soon as combustible material arrives on the site. 17.56.450 3313.1 Where required, Amended. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipe shall be provided with fire department hose connections at accessible locations adjacent to usable stairs. Such standpipes shall be extended as 256 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 21 of 33 construction progresses to within one floor of the highest point of construction having secured decking or flooring. Mark-Up Version: 3313.1 Where required, Amended. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipe shall be provided with fire department h ose connections at accessible locations adjacent to usable stairs. Such standpipes shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. 17.56.460 3314.1.1 Function During Construction, Added. For buildings higher than a single story above grade, and under construction, an approved automatic sprinkler system shall be installed and shall be fully functional up to one floor below the highest point of construction having secured decking or flooring. Exception: Buildings entirely of Type 1 or Type 2 construction. 17.56.470 3318 Owner’s responsibility, Added. Necessary precautions and engineering controls shall be utilized to minimize the potential for false alarm activations caused by construction activity. False alarms caused by construction activity shall be treated as a system malfunction and may result in charges in accordance with the approved fee schedule. CHAPTER 50, HAZARDOUS MATERIALS – GENERAL PROVISIONS 17.56.480 5003.3.1.4 Responsibility for cleanup. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the fire code official, cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Clean up shall comply with current signed City Specification 431- 92, Soil Quality Standard. Mark-Up Version: 5003.3.1.4 Responsibility for cleanup, Amended. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost to the jurisdiction. When deemed necessary by the fire code official, 257 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 22 of 33 cleanup may be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Clean up shall comply with current signed City Specification 431-92, Soil Quality Standard. CHAPTER 57, FLAMMABLE AND COMBUSTIBLE LIQUIDS 17.56.490 5704.2.9.6.1 Locations where above-ground tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of Class I and Class II liquids in outside, above-ground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Exceptions: 1. Bulk plants may exist in I-G (General Industrial) zoned districts only. 2. Class III liquids classified as a crude oil may only be stored on properties with an O (oil operations, no drilling) or O1 (drilling allowed, subject to conditional use) suffix. 3. Class II liquids may be stored temporarily on construction sites with the approval of the fire code official. 4. Storage of Class I or Class II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at the locations classified as Zone I-G (General Industrial) where permitted by a site plan use permit on property designated as potentially suitable for the uses permitted under these zone’s classifications by the Huntington Beach Zoning and subdivision Ordinance as the same may be amended from time to time. Mark-Up Version: 5704.2.9.6.1 Locations where above-ground tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of Class I and Class II liquids in outside, aboveground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Exceptions: 1. Bulk plants may exist in I-G (General Industrial) zoned districts only. 2. Class III liquids classified as a crude oil may only be stored on properties with an O (oil operations, no drilling) or O1 (drilling allowed, subject to conditional use) suffix. 258 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 23 of 33 3. Class II liquids may be stored temporarily on construction sites with the approval of the fire code official. 4. Storage of Class I or Class II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at the locations classified as Zone I -G (General Industrial) where permitted by a site plan use permit on property designated as potentially suitable for the uses permitted under these zone ’s classifications by the Huntington Beach Zoning and subdivision Ordinance as the same may be amended from time to time. 17.56.500 5704.2.11.1 Location, Amended. Flammable and combustible liquid storage tanks located underground, either outside or under buildings, shall be in accordance with all of the following: 1. Tanks shall be located with respect to existing foundations and supports such that the loads carried by the latter cannot be transmitted to the tank. 2. The distance from any part of a tank storing liquids to the nearest wall of a basement, pit, cellar, or lot line shall not be less than 3 feet (914 mm). 3. A minimum distance of 1 foot (305 mm), shell to shell, shall be maintained between underground tanks. 4. The installation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The fire code official may authorize installation of underground combustible/flammable liquid tanks in agricultural and manufacturing districts. Mark-Up Version: 5704.2.11.1 Location, Amended. Flammable and combustible liquid storage tanks located underground, either outside or under buildings, shall be in accordance with all of the following: 1. Tanks shall be located with respect to existing foundations and supports such that the loads carried by the latter cannot be transmitted to the tank. 2. The distance from any part of a tank storing liquids to the nearest wall of a basement, pit, cellar or lot line shall not be less than 3 feet (914 mm). 3. A minimum distance of 1 foot (305 mm), shell to shell, shall be maintained between underground tanks. 4. The installation of underground combustible/flammable liquid tanks is hereby prohibited in all residential districts. The fire code official may authorize 259 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 24 of 33 installation of underground combustible/flammable liquid tanks in agricultural and manufacturing districts. 17.56.510 5704.2.13.1.4 Tanks abandoned in place, Amended. Tanks shall not be abandoned in place. Mark-Up Version: 5704.2.13.1.4 Tanks abandoned in place, Amended. Tanks shall not be abandoned in place. 17.56.520 5706.2.4.4 Locations where above-ground tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of Class I and II liquids in outside, aboveground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Exceptions: 1. Bulk plants may exist in I-G (general industrial) zoned districts only. 2. Class III liquids classified as crude oil may only be stored on properties with an O (oil operations, no drilling) or O1 (drilling allowed, subject to conditional use) suffix. 3. Class II liquids may be stored temporarily on construction sites with the approval of the fire code official. 4. The storage of Class I and Class II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at locations classified as Zone I-G (general industrial) where permitted by a site plan use permit on property designated as Huntington Beach Zoning and Subdivision Ordinance as the same may be amended from time to time. Mark-Up Version: 5706.2.4.4 Locations where above-ground tanks are prohibited, Amended. The limits referred to herein prohibiting the storage of Class I and II liquids in outside, aboveground tanks are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Exceptions: 260 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 25 of 33 1. Bulk plants may exist in I-G (general industrial) zoned districts only. 2. Class III liquids classified as crude oil may only be stored on properties with an O (oil operations, no drilling) or O1 (drilling allowed, subject to conditional use ) suffix. 3. Class II liquids may be stored temporarily on construction sites with the approval of the fire code official. 4. The storage of Class I and Class II liquids in aboveground tanks is prohibited within the City of Huntington Beach except at locations classified as Zone I-G (general industrial) where permitted by a site plan use permit on property designated as Huntington Beach Zoning and Subdivision Ordinance as the same may be amended from time to time. 17.56.530 5706.3 Well drilling, operating, and abandonment. Amended. Wells for oil production or injection, and wells for natural gas shall be drilled, operated or abandoned in accordance the Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15). Where there is a conflict between the California Fire Code and the Huntington Beach Oil Code, the most restrictive shall govern. Current CFC: 5706.3 Well drilling and operating, Amended. Wells for oil production or injection, and wells for natural gas shall be drilled and operated in accor dance with Section 5706.3.1.1 through 5706.3.8 and the Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15). Where there is a conflict between the California Fire Code and the Huntington Beach Oil Code, the most restrictive shall govern. CHAPTER 58, FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS 17.56.540 5801.1.1 Methane Soil Gas, Added. All sources of methane soil gas, including petrogenic and biogenic, are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems as prescribed in City Specification 429, Methane District Building Permit Requirements. 17.56.550 5806.2 Limitations, Amended. The limits referred to herein prohibiting the storage of flammable cryogenic fluids in stationary containers outside buildings are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. 261 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 26 of 33 Mark-Up Version: 5806.2 Limitations Amended. flammable cryogenic fluids in stationar containers outside buildings is prohibited The limits referred to herein prohibiting the storage of flammable cryogenic fluids in stationary containers outside buildings are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. CHAPTER 61, LIQUIFIED PETROLEUM GASES 17.56.560 6104.2 Limitations, Amended. The limits referred to herein prohibiting the storage of liquefied petroleum gases for the protection of heavily populated or congested areas are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance. Mark-Up Version: 6104.2 Maximum capacity within established limits, Amended. The limits referred to herein prohibiting the storage of liquefied petroleum gases for the protection of heavily populated or congested areas are hereby established for all commercial land use districts as defined in the Huntington Beach Zoning and Subdivision Ordinance.Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a water capacity of 2,000 gallons (7570 L) (see Section 3 of the Sample Legislation for Adoption of the California Fire Code on page v). Exception: In particular installations, this capacity limit shall be determined by the fire code official, after consideration of special features such as topographical conditions, nature of occupancy, and proximity to buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and capabilities of the local fire department. CHAPTER 80, REFERENCED STANDARDS AMENDMENTS TO NFPA 13-16 17.56.570 6.7.2, Amended: Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public or private hydrant. If the FDC serves a standpipe system, it shall be no more than 100 feet from a hydrant. The size of piping and the number of inlets shall be approved by the Fire code official. If approved by the H.B. Public Works Dept., it may be installed on the backflow assembly. Fire department inlet connections 262 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 27 of 33 shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided. Mark-Up Version: 6.7.2, Amended Fire department connections shall be equipped with approved plugs or caps, properly secured and arranged for easy removal by fire departments. Fire department connections (FDC) shall be of an approved type. The location shall be approved and be no more than 150 feet from a public or private hydrant. If the FDC serves a standpipe system, it shall be no more than 100 feet from a hydrant. The size of piping and the number of inlets shall be approved by the Fire code official. If approved by the H.B. Public Works Dept., it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided. 8.17.1.1.1 Residential Water-flow Alarms, Added. Local water-flow alarms shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water-flow monitoring system where provided. Group R occupancies not requiring a fire alarm system by the California Fire Code shall be provided with at least one approved interior alarm device in each unit, or interconnection to the unit smoke alarm system. Sound levels in all sleeping areas shall be a minimum of 15 DBA above the average ambient sound or a minimum of 75 DBA with all intervening doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm or water-flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over-current protection (GFI), serving normally operated appliances in the residence. 23.1.3 (43), Amended: Size and location of hydrants, showing size and number of outlets and if outlets are to be equipped with independent gate valves. Whether hose houses and equipment are to be provided, and by whom, shall be indicated. Static and residual hydrants that were used in the flow tests shall be shown. Water supply certification shall be not more than six months prior to the plan submittal to the authority having jurisdiction. Mark-Up Version: 23.1.3 (43), Amended Size and location of hydrants showing size and number of outlets and if outlets are to be equipped with independent gate valves. Whether hose houses and equipment are to be provided, and by whom, shall be indicated. 263 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 28 of 33 Static and residual hydrants that were used in flow tests shall be shown. Water supply certification shall be not more than six months prior to the plan submittal to the authority having jurisdiction. AMENDMENTS TO NFPA 13D-16 17.56.580 4.1.5, Added: Stock of Spare Sprinklers. 4.1.5.1, Added: A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. 4.1.5.2, Added: The sprinklers shall correspond to the types and temperat ure ratings of the sprinklers in the property. 4.1.5.3, Added: The sprinklers shall be kept in a cabinet located where the temperature to which they are subjected will at no time exceed 100 oF (38oC). 4.1.5.4, Added: A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed. 7.1.2, Amended. The sprinkler system piping shall not have a separate control valve installed unless supervised by one of the following methods: (1) Central station, proprietary or remote station alarm service. (2) Reserved. (3) Reserved. Mark-Up Version: 7.1.2, Amended The sprinkler system piping shall not have separate control valves installed unless supervised by one of the following methods: (1) Central station, proprietary or remote station alarm service (2) Local alarm service that causes the sounding of an audible signal at a constantly attended location Reserved. (3) Valves that are locked open Reserved. 7.3 Pressure Gauges, Amended. At least one water pressure gauge shall be installed on the riser assembly. Mark-Up Version: 264 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 29 of 33 7.3 Pressure Gauges, Amended. At least one water pressure gauge shall be installed on the riser assembly. 7.3.1, Reserved. Mark-Up Version: 7.3.1 Where a dry system is installed, a pressure gauge shall be installed to indicate system air pressure. Reserved. 7.6 Alarms, Amended. Exterior water flow alarm indicating devices shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide audibility throughout the structure. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA. Audible devices shall be powered from an uninterruptible circuit (except for over-current protection) serving normally operated appliances in the residence. Exceptions: 1. When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. 2. When smoke detectors specified by the CBC or CRC are used to sound an interior alarm upon water flow switch activation. Mark-Up Version: 7.6* Alarms, Amended. Local waterflow alarms shall be provided on all sprinkler systems in homes not equipped with smoke alarms or smoke detectors in accordance with NFPA 72. Exterior water flow alarm indicating devices shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location subject to final approval by the fire code official. Additional interior alarm devices shall be required to provide audibility throughout the structure. Sound levels in all sleeping areas with all intervening doors closed shall be a minimum of 15 dBA above the average ambient sound level but not less than 75 dBA. Audible devices shall be powered from an uninterruptible circuit (except for over-current protection) serving normally operated appliances in the residence. Exceptions: 1. When an approved water flow monitoring system is installed, interior audible devices may be powered through the fire alarm control panel. 265 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 30 of 33 2. When smoke detectors specified by the CBC or CRC are used to sound an interior alarm upon water flow switch activation. AMENDMENTS TO NFPA 13R-16 17.56.590 6.16.1, Amended. A local waterflow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water-flow monitoring system where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Chapter 9 of the California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm, residential smoke detection or water-flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over-current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. Mark-Up Version: 6.16.1, Amended. A local waterflow alarm shall be provided on all sprinkler systems and shall be connected to the building fire alarm or water-flow monitoring system where provided. Group R occupancies containing less than the number of stories, dwelling units or occupant load specified in Chapter 9 of the California Fire Code as requiring a fire alarm system shall be provided with a minimum of one approved interior alarm device in each unit. Sound levels in all sleeping areas shall be a minimum of 15 dBA above the average ambient sound or a minimum of 75 dBA with all intervening doors closed. Alarms shall be audible within all other living areas within each dwelling unit. When not connected to a fire alarm, residential smoke detection or water-flow monitoring system, audible devices shall be powered from an uninterruptible circuit (except for over-current protection) serving normally operated appliances in the residence. There shall also be a minimum of one exterior alarm indicating device, listed for outside service and audible from the access roadway that serves that building. AMENDMENTS TO NFPA 14-13 266 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 31 of 33 17.56.600 6.4.5.4.1, Amended. The fire department connection shall have four 2 ½ inch, internal threaded (NHS) inlets. The inlets shall be provided with approved caps to protect the system from entry of debris. The location of the FDC shall be approved and be no more than 100 feet from a public hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. Mark-Up Version: 6.4.5.4.1, Amended The location of the fire department connection shall be permitted to exceed 100 ft (30.5 m) subject to the approval of the authority having jurisdiction. The fire department connection shall have four 2 ½ inch, internal threaded (NHS) inlets. The inlets shall be provided with approved caps to protect the system from entry of debris. The location of the FDC shall be approved and be no more than 100 feet from a public hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. AMENDMENTS TO NFPA 24-16 17.56.610 5.9.1.2, Amended. Fire department connections shall be of an approved type and contain a minimum of two 2 ½ inch inlets. The location shall be approved and be no more than 150 feet from a public or private fire hydrant when serving a fire sprinkler system. When serving a standpipe system, it can be no more than 100 feet from a hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red. Mark-Up Version: 5.9.1.2, Amended. Fire department connections shall be equipped with approved plugs or caps that are secured and arranged for easy removal by fire departments. Fire department connections shall be of an approved type and contain a minimum of two 2 ½ inch inlets. The location shall be approved and be no more than 150 feet from a public or private fire hydrant when serving a fire sprinkler system. When serving a standpipe system, it can be no more than 100 feet from a hydrant. If acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red. 5.9.1.2.1, Added. When the sprinkler density design is 500 gpm (including the interior hose stream demand) or greater, or a standpipe system is included, four 2 ½” inlets shall be provided. 267 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 32 of 33 6.2.1.1, Added. The closest upstream indicating control valve to the riser shall be painted OSHA red. 6.3.3, Added. All post indicator valves controlling fire suppression water supplies shall be painted OSHA red. 10.1.1.3.2, Added. All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 316 Stainless Steel pipe and fittings. 10.4.1.1, Amended. All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion-retarding material, prior to poly-tube, and after installation. Mark-Up Version: 10.4.1.1 Coatings. All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion retarding material prior to poly-tube, and after installation. 10.4.1.4, Added. All bolts used in pipe-joint assembly shall be 316 stainless steel. 10.4.3.1, Amended. Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 18 inches, as measured from the outside of the building to the center of the vertical pipe, under the building to the riser location. The pipe under the building or building foundation shall be 316 stainless steel and shall not contain mechanical joints. 10.4.3.1.1, Amended. Pipe Joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 316 stainless steel and shall not contain mechanical joints. 10.4.3.2, Amended. Where approved, private fire service mains supplying systems within the building shall be permitted to extend more than 18 inches under the building when all the requirements of 10.4.3.2.1 through 10.4.3.2.4 are met. Mark-Up Version: 10.4.3.1, Amended. Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 10 ft (3.0 m), as measured from the outside of the building, under the building to the riser location 18 inches, as measured from the outside of the building to the center of the vertical pipe, under the building to the riser location. The pipe under the building or building foundation shall be 316 stainless steel and shall not contain mechanical joints. 268 G:\PattyE\Draft Agenda Items for Attaching\Ord 4190 Legislative Draft.docx Page 33 of 33 10.4.3.1.1, Amended Pipe joints shall not be located directly under foundation fittings. 10.4.3.1.2, Amended Piping shall be installed a minimum of 12 in. (300 mm) below the bottom of building foundations or footers. AMENDMENTS TO NFPA 72-16 17.56.620 14.2.2.2.3, Amended. If a deficiency is not corrected at the conclusion of system inspection, testing, or maintenance, the system owner or the owner’s designated representative and fire code official shall be informed of the impairment in writing within 24 hours. Mark-Up Version: 14.2.2.2.3, Amended. If a deficiency is not corrected at the conclusion of system inspection, testing, or maintenance, the system owner or the owner’s designated representative and fire code official shall be informed of the impairment in writing within 24 hours. APPENDIX B, FIRE-FLOW REQUIREMENTS FOR BUILDINGS 17.56.630 B105.1 One- and two-family dwellings, Amended. The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1 (1) and B105.1 (2). Exception: When the building is equipped with an approved automatic sprinkler system, the fire flow requirements of Table B105.1and B105.1 (2) shall not be less than 1,000 gallons per minute (3785.4 L/min) for 1 hour. Mark-Up Version: B105.1 One- and two-family dwellings, Amended. The minimum fire-flow and flow duration requirements for one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1 (1) and B105.1 (2). . Exception: .When the building is equipped with an approved automatic sprinkler system, the fire flow requirements of Table B105.1and B105.1 (2) shall not be less than 1,000 gallons per minute (3785.4 L/min) for 1 hour 269 SUMMARY OF PROPOSED LOCAL AMENDMENTS FOR THE 2019 FIRE CODE 1 Summary: Proposed adoption of 2019 Fire Code with 71 local amendments Sixty-seven amendments are “carry over” (Most with no changes from 2016 code cycle) Four new local amendments proposed Seven local amendments repealed – streamlining unnecessary code changes New Amendments 1)102.7 Referenced codes and standards. The codes and standards referenced in this code shall be those that are listed in Chapter 80 as well as City Specifications as signed by the Fire Chief, and such codes and standards shall be considered to be part of the requirements of this code to the pre-scribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. Rationale: Due to the size of the community and the on-going growth and development, the plan check process maximizes the use of our limited personnel resources. In an effort to expedite the process for contractors/developers this section spells out the needs in an effort to ensure customers understand the requirements of submitting plans prior to work. 2)105.6.30 Mobile food preparation vehicles. A permit is required for mobile food preparation vehicles that are part of a Huntington Beach permitted special or specific event equipped with appliances that produce smoke or grease-laden vapors Rationale: New for 2019 CFC. Due to risks associated with food trucks, this new (2019) code amendment is adopted but with a modification. Permits for mobile food preparation vehicles will be required only if they are included in a Huntington Beach specific or special event permit. These tend to be larger audience events. Catering trucks not associated with an event will not require operational permits. 3)503.2 Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and current City Specification 401, Minimum Standards for Fire Apparatus Access. Rationale: This area has a very dry climate, with occasional high winds, and could be severely impacted by a seismic or similar catastrophic event that could affect response times and the ability of a fire protection system to perform as designed. 270 SUMMARY OF PROPOSED LOCAL AMENDMENTS FOR THE 2019 FIRE CODE 2 4)901.6.3 Records, Amended. Records of all system inspections, tests and maintenance (ITM) required by the referenced standards shall be maintained. All reports of the test and maintenance results shall be submitted to the HBFD electronically in a method and format selected by the fire code official. Rationale: Makes clear that all ITM reports to be electronically shared with Fire in a specific format e.g., using The Compliance Engine. Repealed Amendments & Rationale 1)105.4 Construction Documents. Rationale: Code has sufficient language. 2)510.6.1 Testing and proof of compliance. Rationale: Due to Compliance Engine, no need to post Emergency Responder Radio Communication System (ERRCS)results next to Fire Alarm Control Panel 3)901.6 Inspection, testing, and maintenance. Rationale: Code amended language regarding gas detection system. 4)901.6.2.2 Fire alarm tag, Added. Rationale: Due to Compliance Engine, need for alarm tag is not required. 5)901.2.1.8 Group B, Added. Rationale: Removed in order to achieve alignment with CBC. 6)5703.3.3.3 Heating, lighting and cooking appliances. Rationale: Single family housing exception addressed in 2019 code 7)5705.3.7.5.1 Ventilation. Rationale: Exception for natural ventilation does not need to be removed. 271 PROPOSED ADOPTION OF THE 2019 CALIFORNIA FIRE CODE (CFC) WITH LOCAL AMMENDMENTS CITY OF HUNTINGTON BEACH 272 Background The California Building Standards Code is updated on a triennial cycle and includes the CFC. California Fire Code is Title 24, Chapter 9 Office of the California State Fire Marshal has adopted the 2019 CFC as published by the California Building Standards Commission Basis of the CFC is the 2018 International Fire Code. 273 Background The City traditionally proposes certain modifications to address local needs and adopts the CFC by reference in the Huntington Beach Municipal Code Chapter 17.56. 274 Local Amendments Most amendments are “carry over” with no changes from last code cycle Four new amendments proposed Seven amendments repealed - streamlining code requirements and review process 275 Proposed Amendment Example 901.6.3 Records Clarified that all reports of inspection, test, and maintenance (ITM) shall be submitted electronically Rationale: HBFD uses The Compliance Engine; all reports are submitted online 276 Amendments Repealed Amendments in last code cycle not carried forward 1) 105.4 Construction Documents. Code has sufficient language. 2) 510.6.1 Testing and proof of compliance. Due to Compliance Engine, do not need to post ERRCS results next to Fire Alarm Control Panel. 3) 901.6 Inspection, testing, and maintenance. Code amended language regarding gas detection system. 4) 901.6.2.2 Requirement to add fire alarm tag. Due to Compliance Engine, need for alarm tag is not required. 5) 901.2.1.8 Requirement to include Group B. Removed in order to achieve alignment with the California Building Code. 6) 5703.3.3.3 Heating, lighting and cooking appliances. Single family housing exception addressed in 2019 code. 7) 5705.3.7.5.1 Ventilation. Exception not needed for natural ventilation. 277 Recommendation Adopt the proposed ordinance to repeal the current Huntington Beach Municipal Code Chapter 17.56 and replace it according to the attached ordinance. 278 City of Huntington Beach File #:19-1074 MEETING DATE:10/21/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Mike Posey, City Councilmember Subject: Submitted by Councilmember Posey - Updating the Historic Standard Market Plaque at 126 Main Street Background: This past May 2019, I was informed by the Huntington Beach Preserve Our Past group that the plaque located on the historic Standard Market building at 126 Main Street may contain historically inaccurate information (see attached information packet). Of note, the Standard Market building is a two-story building constructed in the zigzag moderne style, and was built and operated by the DeBritton family. Based on information that I received, it appears that the plaque may contain several inaccurate details, including the following: §The Standard Market opened in 1931, not in 1926 as indicated on the plaque. §Robert DeBritton owned the market and the building, not Roy DeBritton as indicated on the plaque. §Roy DeBritton’s son Bob did not work at the Standard Market as indicated on the plaque. Based on the facts that I was provided with, it appears that an extensive process was engaged to assess the updated details that should be included in a new plaque at the Standard Market building. Among the steps taken during this review process include: §The City’s Historic Resources Board voted in September 2013 to update Standard Market plaque, given the historical inaccuracies included in the existing plaque language. §The current owner of the building has given provided permission to update the plaque. §Language for a new proposed plaque has been developed for consideration by the Huntington City of Huntington Beach Printed on 10/16/2019Page 1 of 2 powered by Legistar™279 File #:19-1074 MEETING DATE:10/21/2019 Beach Preserve Our Past group. Recommended Action: Given the information that I’ve received, and based on a review that has already been conducted by both the City Historic Resources Board and the Huntington Beach Preserve Our Past group, I am recommending that the City Council vote to direct staff to update the plaque located on the historic Standard Market building with correct historical information, as outlined in the attached information packet. Attachment(s): 1. Supporting Documentation City of Huntington Beach Printed on 10/16/2019Page 2 of 2 powered by Legistar™280 Huntington Beach Preseive Our Past HB POP "We Pop Up To Help With Preservation In HB" May 24, 2019 Dear Councilman Posey, In 2000 The HRB had a plaque made, and that the City paid for, for 'T'he Historic Standard Market that was located at 126 Main Street. Unfortunately some of the information on the plaque is historically inaccurate. • 'T'he market opened in 1931 not 1926. • Robert Young DeBritton owned the market and the building, not Roy DeBritton. • His son did not work there, as he was not even born yet. • In September the HRB voted and passed to replace the plaque out of their budget. • In August 2015 Barbara Haynes received an email from HRB member Dave Wentworth stating they are not going to replace it. • Mr. DeBritton's son Bob, tried for years after the plaque was installed to get it corrected, hut to no avail. • HBPOP wants to see the history corrected for the DeBritton family. A fow more details were added for the new plaque as well as a photo of the open air market. 'T'hank you in advance for you helping correct history! Sincerely, Barbara Haynes and Gloria Alvarez HB Preserve Our Past 281 There are 7 attachmentli: • The current plaque • The new proposed plaque • Pricing direct from the foundry • 'T'he demo permit verit}ring the demolition date • 'fhe letter from the mmer of the building giving us permission to change the plaques • Minutes from the HRB voting and passing to get a new plaque made • The letter from Dave Wentworth stating they are not going to replace it 282 283 126 MAIN STREET HISTORIC SITE OF THE STANDARD MARKET THE CLASSIC TWO STORY ZIG ZAG MODERNE STRUCTURE BUILT BY ROBERT YOUNG DeBRITION, OPENED ON THIS SITE IN LATE 1931 WITH APARTMENTS ABOVE AND AN OPEN SIDED MARKET BELOW. THE MARKET FEATURED A GROCERY DEPARTMENT, RUN BY ROBERT YOUNG DeBRITION, THE STANDARD FRUIT AND VEGETABLE DEPARTMENT RUN BY LEO CLOY , THE BAKERY DEPARTMENT RUN BY EDGAR DALTON, AND THE MEAT DEPARTMENT RUN BY RAY MclNTOSH, WHO HAD THE LARGEST AND FINEST REFRIGERATORS FOR THE FRESHEST EGGS , DAIRY AND FISH.THE RAINBOW LUNCH COUNTER , A POPULAR MEETING PLACE FOR LOCALS, WAS OPERATED BY CLAUDE FREDERICK. THE STANDARD MARKET SURVIVED THE 1933 EARTHQUAKE, THE GREAT DEPRESSION, A VOLATILE STORM ALL IN ITS FIRST DECADE. FINALLY DAMAGED BY A FIRE, IT WAS DEMOLISHED IN 1997. THIS PLAQUE IS DEDICATED BY HUNTINGTON BEACH PRESERVE OUR PAST 2019 284 Fwd: Fwd: Re: Quote https://mail.aol.com/webmail-std/en-us/PrintMessage From: Tom <tom@socaltrophy.com> To: Dglassiest <dglassiest@aol.com> Subject: Fwd: Fwd: Re: Quote Date: Mon, Apr 15, 2019 9:49 am Attachments: Standard Market placque flnal.docx (11K), SM.jpg (105K), SM also.jpg (100K) Barbara Heard back from foundry rep. The cost to do a 18" x 24" cast bronze plaque with text and a metal photo plate is $1,840.00 plus $40.00 shipping and CA sales tax. Rep said the black and white photo has more contrast and would work better. Let me know if you have any questions. Thank you. Tom 337 W. Cerritos Ave., Glendale, CA 91204 Hours: Mon-Fri 8:30am to 4:30pm Tom Skidmore, Vice President Southern California Trophy Company Ph: 818-550-9144 I Fax: 818-550-9126 www.socaltrophy.com Southern California Bronze Company Ph: 818-550-9132 I Fax: 818-550-9126 www.socalbronze.com Docu-Seal Ph: 818-550-9144 www.docu-seal.com 4/1812019, 8:35 AM 285 •• '* l ll-Q liB CITY OF HUNTINGTON BEACH 2000 MAIN ST. HUNTINGTON BEACH, CA 92648 No . 114923 """"1\CHlDr ~C~MtHT P.O. IOX tto · CN..rCIWA 1»41 (7U.~41 ALL CNSPECT ION REQUESTS MU ST BE RECE IVED BY 4 : C)O P . M. FOR TH E FOLLOW CNG OfW' S INSPECT ION. OU I LO LNG P E R M I T I r Permit Number : B-056994 Bldg. Address : 126 MA lN ST Tract: NA -DEMO PC II Lot: NA RD 4SU Block: NA I EXIST. BLOG. Building Use : COM Ownar: ADEL ZEIDAN 200 PCH HB Ph. <714 >374-16't8 '•'t3 CA 92648 Contractor : TROJA~ CONCRETE CUTTCNG 1149 S EASTERN AVE LO S ANGELES CA Ph. 2 13 -262-82~2 St .No. 683305 Designer : NA 90022 C l ost1e11 : CC? L City L ie . Al79680, Pro]oct -Oesc;iptlo~;-5£HOLJSH-57oC>SouARE-FOOT-BLDG~-,STANDnRD -MARK~TliPROOF ___ _ OF HA2ARDOUS WrlSTE REMOVAL RE1'D PRJOR TO FlNAL INSPEC-1 SUDMJT TO P.LANNlNG OJ VI S JON* PER MJT CANCELLED BY CONTRAC I Sq.Ft. Rer./Com: Garage : No. Stor ,iei:;: Va luation: t Misc. No . Fernilier.: Bldg. Codr:tr OEl10 ' Occ:. Group : Occ . Load: Zone: SPS-3-CZ Pub lic 8uildingNO Conotr . Type: ~~~4!1s~;~~:~~~9 ~----------~~~~.:._~::~-~~:--------~~;~i~~~e;~:11~Q---------~---I eeel1£~~1en~2L!~l~7 __ e!~n£b~ck :~~-------~~--~~~-~-------~---------~ Authorized: Building: 09/18/97 BG Public Works: ____________ Pl~.!1!!'1n9.:...Q2L1~£97~l!__-~-------Ei!:~-Q~eil--------------· ~--------t etQ~UDIS9z_Q?l lB/97 _~tl-_!B-OS6994 _!~~Y2~l-22L!§l27_Ytl~-------~---~--------! 12f:llGfH e!.!Q~ INSPECTION PLl'INCHECK L!BRARV CONSERVATION OF.HOUT ION MICRO COPY Bt:!OY!f.r o .oo o.oo O.O!) 0.00 65.00 1.00 ' i ) PERMIT FEES i t • . 0kCQU!f.r ~G~b!llE!l Q~ BtlOLJ~~ 0GCQU~! ~ RAAC023lt30600 ISSUANCE 2::S . 00 RAAC023433200 RAAC023470500 PENALTY O.C)O RAACD23'•B3000 RLXLS39l71l00 PARKS & REC. 0.00 RSKC023433500i GAA 00020116 P/PLANCHECK 0.00 h~ACD23 t 33800j RAACD23430600 L CBRARV DEV. 0. 00 RLCCD23'•32800 I GUU 00022S:S:5 TOTAL FEE 9 l . 00 EXPIRED Date:~.fil.:l.t- By: -~'----FJ NAL INSPECT JON: INlTJALS DATE Procc11~ed: 09/18/97 VH HD-056994 l ssuad : 09/18/97 YH PQR.•l~IJJI No. 114923 VlttlTE COPY. ALE, BLUE CO"V ·COUNTY, CANARY COPV ·OFFICE. GREEN COPY -APPLICANT, PINK COPY· TREASURER ... 286 Huntington Beach Preserve Our Past HBPOP "We POP Up To Help With Preservation In HB" May 22, 2019 Coastline West Attn: Dave In May 2014 The Historic Resources Board asked permission to change the Standard Market plaque on the Walnut side because the current plaque is historically inaccurate. They did receive permission to replace it. Unfortunately the HRB is not doing the plaque, but Huntington Beach Preserve Our Past is the process of getting a new plaque with the correct information. If you could please forward this to the correct person so we can have permission, we can replace the plaque, we will move forward. There will be no cost to the building owner and the City will be the ones replacing the plaque. Thank you in advance for your help. Sincerely, Barbara Haynes HB Preserve Our Past 19006 Holly Lane * Huntington Beach, California 92648 287 City of Huntington Beach Historic Resources Board .... M eeting Minutes Wednesday, Sep t ember18, 2013, 6:00 P.M . City Hall, Room B-7, 2000 M ain St, Huntington Beach, CA 92648 1. . Call to Orde r/Rol l Ca ll -Meeting called to order at 6:00 P.M. by Haynes, substituting for Alvarez Bryant, Essner; Haynes, Minnie, David Wentworth, Sr., Duane Wentworth. Alva r ez, Santi ago, Sch ey absent. II. Welcome and Introduction -No o ne present to be introduced. Ill. Approval of Minutes -No minutes available to be approved. IV . Public Comments -No public comments. V. Oral Communication and Presentations -Design Review Board Report Schey absent. No DRB Report. VI. Administrative -No admin is trative report. VII. Current Issues 1. Draft Historic Context and Survey Report 2. Wintersburg Japan ese Church 3. Main Street Library and Triangle Park Sign and Plaque There will be three (3) plaques at a total cost of $3,137.40. HRB $900 HBDRA $400 Anonymous $1,000 Ano nymous $100 Sti ll needed $737.40 Discussion ensued regarding paying for the remainder of the plaques for the library from HRB Fund. Motion to pay for plaques from HRB Fund $737.40 for plaques. Haynes (1), Minnie (2) 4. Ora l History Project -Tab led 5. Walking To ur Filming -Matt Liefring, who films events for the City, wil l do a video of the walking tour HRB created. 6. Standing Committees -Haynes will redo with last names, instead of first names. 7. Board Goals -Bryant had copy o f older Board Goals. Haynes read them aloud . HRB had already done many of them. HB News-HRB should scan old issues back to 1900's. Haynes to contact Jerry? 8. Surf City Nights -Dave Wentworth, Sr. reported that most of the ac t ivity was 7-8 P.M. Cindy and Duane Wentwort h suggested an 11" x 14" photo to be opportun ity drawn. 9. St andard Market Plaque -Plaque must be redone because it's historically Inaccurate . Discussion ensued about attaching plaques and about paying for t he plaque from the HRB Fund. Motion to pay $325 for new plaque. Bryant (1), Wentworth (2) 10. Es t ablish Arch iving/A r tifact Subcommittee -Ramos to re-emai l HRB By laws to all current members o f t he HRB 11. Facebook -Haynes reported th at HRB is up to 258 "Likes." 12. Approved letterhead unanimously . VII I. Materials Distributed and Recent Findings IX. Items to be Agendized - Addition of Annual HRB Holiday Party Vote to exte nd Surf City Nights X. Next Meeting/Adjournment - Next meeting wi l l be October 16, 2013. Meeting adjourned at 6:58 P.M . Haynes (1) Minnie (2) Respectfu lly su bmitted, Roz Essner, Sec retary 288 Standard Market Plaque https://mail.aol.comlwebmail-std/en-us/PrintMessage ' I ofl From: Dewentworthsr <Dewentworthsr@aol.com> To: dglasslest <dglasslest@aol.com> Subject: Standard Market Plaque Date: Thu, Aug 20, 2015 3:40 pm Subject: Standard Market Plaque Barbara, We had a discussion about the Standard Market Plaque and because the City Council has told us that ALL plaques going forward must be approved by them for both funding, and text. This has essentially stopped any plaque planning & installation for the near future. The Finance Dept. has told us they are dissolving our current bank account for ALL Boards effective the end of their fiscal year. Our questionable finance account situation has complicated our ability to get the Standard Market plaque issue resolved. The fact that the current plaque in question(near the elevator) is on private property, any Group has the rights to proceed on this re-plaque on their own, as long as they have property owners approval, and the correct wording, if they so chose to do so. Dave Wentworth Sr. Hb Historic Resources Board 8/20/2015 3:45 PM 289