HomeMy WebLinkAbout2019-11-18 Agenda PacketMEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members
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AGENDA
CITY COUNCIL/PUBLIC FINANCING AUTHORITY
Monday, November 18, 2019
Council Chambers
2000 Main Street
Huntington Beach, CA 92648
Study Session - 3:00 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
AGENDA November 18, 2019City Council/Public Financing
Authority
3:00 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
19-9981.Public Art Master Plan Update
19-8522.Magnolia Tank Farm Project Overview
RECESS TO CLOSED SESSION
CLOSED SESSION ANNOUNCEMENT(S)
19-11643.Mayor Peterson to announce: Pursuant to Government Code §
54957.6, the City Council shall recess into Closed Session to meet
with its designated labor negotiators: Oliver Chi, City Manager; also
in attendance:Travis Hopkins, Acting Assistant City Manager
regarding the following: Municipal Employees’ Association (MEA);
Management Employees’ Organization (MEO); Police Officers’
Association (POA), Police Management Association (PMA); Marine
Safety Management Association (MSMA) Surf City Lifeguard
Employees’ Association (SCLEA), and Non-Associated.
CLOSED SESSION
19-11574.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, four (4).
19-11585.Pursuant to Government Code § 54956.9(d)(1), the City Council shall
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2
AGENDA November 18, 2019City Council/Public Financing
Authority
recess into Closed Session to confer with the City Attorney
regarding the following lawsuit: Cruz v. City of Huntington Beach;
USDC Case No.: 8:19-cv-1449-DOC (ADSx).
19-11596.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: Californians for Homeownership,
Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760.
19-11637.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; also in attendance: Travis
Hopkins, Acting Assistant City Manager regarding the following:
Municipal Employees Association (MEA); Management Employees'
Organization (MEO); Police Officer's Association (POA); Police
Management Association (PMA); Marine Safety Management
Association (MSMA) Surf City Lifeguard Employees’ Association
(SCLEA) and Non-Associated.
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.
19-10888.Kelly Frankiewicz of the Leisure World Community Church and
member of the Greater Huntington Beach Interfaith Council
CLOSED SESSION REPORT BY CITY ATTORNEY
AWARDS AND PRESENTATIONS
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AGENDA November 18, 2019City Council/Public Financing
Authority
19-11539.Mayor Peterson to call on Victoria Alberty to present the “Adoptable
Pet of the Month”
19-108410.Mayor Peterson to present commendations to the newly crowned
Miss Huntington Beach 2020 Mara James and her court
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
PUBLIC COMMENTS (3 Minute Time Limit)
COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
CITY MANAGER'S REPORT
CITY ATTORNEY'S REPORT
19-116011.City Attorney to report on status of certain lawsuits including, among
possibly others, City’s SB 54 challenge, and the AB 101 and SB 1333
challenges
CONSENT CALENDAR
19-113912.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular, and Housing
Authority special meeting minutes dated November 4 , 2019, as written and on file in the
office of the City Clerk.
Recommended Action:
19-109613.Approve additional appropriation of $150,000 for professional Fire
Prevention inspection, plan check, and environmental engineering
services, and increase professional services authority accordingly
A) Approve an additional appropriation of $150,000 for Fire Prevention inspection, plan
check and environmental engineering services as these expenditures are primarily
cost-neutral and generally offset by reimbursements from developers and revenues
generated from inspection and plan review services; and,
B) Increase the Fire Department’s professional services authority by $150,000 to ensure
compliance with Administration Regulation No. 228.
Recommended Action:
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4
AGENDA November 18, 2019City Council/Public Financing
Authority
19-96714.Approve contract for street sweeping enforcement with Universal
Protection Services, LP, DBA Allied Universal Security Services
Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between
the City of Huntington Beach and Universal Protection Services, LP DBA Allied Universal
Security (UASS) for Street Sweeping Enforcement Services” in an amount not to exceed
$1,119,000 over a three-year term; and authorize the City Manager to execute the
attached contract.
Recommended Action:
19-103815.Approve First Amendment to Lease between the City and Kokomo’s
Surfside Grill, Inc., for a Beach Food Concession at the Marine Safety
Education Center and approve Consent to Assignment and
Assumption of Lease for Kokomo’s Concession
A) Approve and authorize the City Manager to execute the Consent to Assignment and
Assumption of Lease Agreement for Kokomo’s Concession; and
B) Approve and authorize the City Manager to execute the First Amendment to Lease
dated September 5, 2017 between the City of Huntington Beach and Kokomo’s Surfside
Grill, a California Corporation for a Beach Food Concession on the first floor level of the
Marine Safety Education Center.
Recommended Action:
19-112916.Adopt Resolution 2019-11 approving a summary vacation of an
easement over a portion of 13th Street and Crest Avenue; adopt
Resolution 2019-77 declaring a strip of City-owned property as
surplus property; approve Quitclaim Deed for ownership of
easement and the agreement for sale of surplus real property
between the City and Dawn and Naomi Shimoda; and, authorize
recordation of resolutions and exhibits with the Orange County
Recorder
A) Adopt Resolution No. 2019-11, “A Resolution of the City Council of the City of
Huntington Beach ordering the summary vacation of an easement over a portion of 13th
Street and Crest Avenue in the City of Huntington Beach” (Attachment 1); and ,
B) Adopt Resolution No. 2019-77, “A resolution of the City Council of the City of
Huntington Beach declaring that a strip of City owned property adjacent to 743 13th Street,
Huntington Beach, is surplus property” (Attachment 7); and,
Recommended Action:
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AGENDA November 18, 2019City Council/Public Financing
Authority
C) Instruct the City Clerk to record Resolutions No. 2019-11 and 2019-77 and the
attached exhibits with the Orange County Recorder; and ,
D) Approve the “Agreement for Sale of Surplus Real Property and Escrow Instructions by
and between the City of Huntington Beach and Dawn Michiko Shimoda and Naomi
Shimoda,” (Attachment 5); and
E) Approve the Quitclaim Deed transferring ownership of easement to Dawn Michiko
Shimoda and Naomi Shimoda, as well as any other escrow documents necessary for this
transfer (Attachment 6).
19-114117.Adopt Resolution No. 2019-88 establishing City policy on termination
of residential water service; adopt Resolution No. 2019-87 amending
the Consolidated Comprehensive Citywide Master Fee and Charges
Schedule to allow reduced water service reconnection fees for
households earning less than 200% of the Federal poverty line, and
establish a deposit schedule for new water service customers; and,
increase appropriations and professional services authority by
$60,000 to fund utility billing software updates and part time contract
staffing and other related costs for implementation and
administration of Senate Bill No. 998
A)Adopt Resolution No. 2019-88, “A Resolution of the City Council of the City of
Huntington Beach Establishing City Policy on Termination of Residential Water Service,”
and
B) Adopt Resolution No. 2019-87, “A Resolution of the City Council of the City of
Huntington Beach Amending the Consolidated Comprehensive Citywide Master Fee and
Charges Schedule to Allow Reduced Water Service Reconnection Fees for Households
Earning Less Than 200% of the Federal Poverty Line, and to Establish a Deposit
Schedule for New Water Service Customers, All As Established Pursuant to Resolutions
Nos. 2016-59, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55, 2019-07, and 2019-19
(Supplemental Fee Resolution No. 10),” and
C) Increase Appropriations and Professional Services Authority by $60,000 in the Water
Fund (Fund 506).
Recommended Action:
19-111018.Adopt Resolution No. 2019-76 approving the annual Measure M2
Expenditure Report for the City of Huntington Beach
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AGENDA November 18, 2019City Council/Public Financing
Authority
Adopt Resolution No. 2019-76, "A Resolution of the City Council of the City of Huntington
Beach Concerning the M2 Expenditure Report for the City of Huntington Beach."
Recommended Action:
19-114019.Adopt Ordinance No. 4200 amending Huntington Beach Municipal
Code Section 2.76.010 to add the Classification of Director of
Organizational Learning & Engagement
Approved for introduction 11-04-2019 - Vote: 6-0-1 (Peterson absent)
Adopt Ordinance No. 4200,” An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to
Exclusions From the Competitive Service” by adding the Director of Organization Learning
& Engagement.
Recommended Action:
PUBLIC HEARING
19-108620.Adopt Ordinance No. 4189 amending Municipal Code Chapter 17.56
adopting the California Fire Code, 2019 Editions
Approved for introduction 10-21-2019 - Vote: 7-0
Adopt 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 .
Recommended Action:
19-108521.Adopt Ordinance No. 4190 adopting the 2019 Model California
Construction Codes
Approved for introduction October 21, 2019 - Vote: 7-0
Adopt 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;”
Recommended Action:
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AGENDA November 18, 2019City Council/Public Financing
Authority
(Attachment No. 1).
ADMINISTRATIVE ITEMS
19-114522.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:
19-116723.Adopt City Council Resolution No. 2019-89 Providing for the Possible
Issuance of One or More Series of City of Huntington Beach Taxable
Pension Obligation Bonds and Authorizing a Trust Agreement, A
Validation Action and Other Matters Relating Thereto
A) Adopt Resolution 2019-89, “A Resolution of the City Council of the City of Huntington
Beach Providing for the Issuance of One or More Series of City of Huntington Beach
Taxable Pension Obligation Bonds and Authorizing a Trust Agreement, A Validation
Action and Other Matters Relating Thereto” and,
B) Authorize the City Manager and City Clerk to take all administrative and budgetary
actions necessary to perform the bond issuance, including the negotiation and execution
of agreements with Orrick Herrington and Sutcliffe LLP for judicial validation proceedings,
bond counsel, and disclosure counsel services; KNN Public Finance to act as municipal
advisor; and US Bank to act as trustee.
Recommended Action:
ORDINANCES FOR INTRODUCTION
19-112824.Approve for introduction Ordinance No. 4192, which establishes
Municipal Code Section 10.40.265 prohibiting misuse of disabled
person placards or license plates, and adopt Resolution No. 2019-75,
which establishes a bail amount for the new Municipal Code section
and adds it to the Uniform Bail Schedule for Parking Violations
A) Approve for Introduction Ordinance No. 4192, “An Ordinance of the City of Huntington
Beach adding Section 10.40.265 to Chapter 10.60 of the Huntington Beach Municipal
Code Relating to Disabled Parking Placards and License Plates;” and,
B) Adopt Resolution No. 2019-75, “A Resolution of the City Council of the City of
Huntington Beach Adopting an Amended Uniform Bail Schedule for Parking Violations .”
Recommended Action:
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8
AGENDA November 18, 2019City Council/Public Financing
Authority
19-113025.Approve for Introduction Ordinance 4201 Amending Chapter 8.48 of
the Huntington Beach Municipal Code Relating to Public Nuisance
Abatement of Abandoned, Wrecked, Dismantled or Inoperative
Vehicles.
Approve for Ordinance 4201, “An Ordinance of the City of Huntington Beach Chapter 8.48
of the Huntington Beach Municipal Code Relating to Public Nuisance Abatement of
Abandoned, Wrecked, Dismantled or Inoperative Vehicles.”
Recommended Action:
COUNCILMEMBER COMMENTS (Not Agendized)
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is
Monday, December 2, 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
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City of Huntington Beach
File #:19-998 MEETING DATE:11/18/2019
Public Art Master Plan Update
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-852 MEETING DATE:11/18/2019
Magnolia Tank Farm Project Overview
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1164 MEETING DATE:11/18/2019
Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall
recess into Closed Session to meet with its designated labor negotiators: Oliver Chi, City
Manager; also in attendance:Travis Hopkins, Acting Assistant City Manager regarding the
following: Municipal Employees’ Association (MEA); Management Employees’ Organization
(MEO); Police Officers’ Association (POA), Police Management Association (PMA); Marine
Safety Management Association (MSMA) Surf City Lifeguard Employees’ Association
(SCLEA), and Non-Associated.
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1157 MEETING DATE:11/18/2019
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, four
(4).
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1158 MEETING DATE:11/18/2019
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: Cruz v. City of
Huntington Beach; USDC Case No.: 8:19-cv-1449-DOC (ADSx).
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1159 MEETING DATE:11/18/2019
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: Californians for
Homeownership, Inc. v. City of Huntington Beach; OCSC Case No. 30-2019-01107760.
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1163 MEETING DATE:11/18/2019
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; also in attendance: Travis
Hopkins, Acting Assistant City Manager regarding the following: Municipal Employees
Association (MEA); Management Employees' Organization (MEO); Police Officer's Association
(POA); Police Management Association (PMA); Marine Safety Management Association
(MSMA) Surf City Lifeguard Employees’ Association (SCLEA) and Non-Associated.
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1088 MEETING DATE:11/18/2019
Kelly Frankiewicz of the Leisure World Community Church and member of the Greater
Huntington Beach Interfaith Council
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1153 MEETING DATE:11/18/2019
Mayor Peterson to call on Victoria Alberty to present the “Adoptable Pet of the Month”
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1084 MEETING DATE:11/18/2019
Mayor Peterson to present commendations to the newly crowned Miss Huntington Beach
2020 Mara James and her court
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1160 MEETING DATE:11/18/2019
City Attorney to report on status of certain lawsuits including, among possibly others, City’s
SB 54 challenge, and the AB 101 and SB 1333 challenges
City of Huntington Beach Printed on 11/13/2019Page 1 of 1
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City of Huntington Beach
File #:19-1139 MEETING DATE:11/18/2019
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, and Housing Authority special meeting minutes
of November 4, 2019 require review and approval.
Financial Impact:
None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular, and Housing Authority special
meeting minutes dated November 4, 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. November 4, 2019 CC/PFA Regular, Housing Authority Special Meeting Minutes
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Minutes
City Council/Public Financing Authority
City of Huntington Beach
Monday, November 4, 2019
4:00 PM – No Study Session
5:00 PM – Closed Session
6:00 PM – Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 6:00 PM portion of this meeting
is on file in the Office of the City Clerk, and archived at
www.surfcity-hb.org/government/agendas/
5:00 PM — COUNCIL CHAMBERS
CALLED TO ORDER — 5:00 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
Absent: Peterson
Pursuant to Resolution No. 2001-54, Mayor Peterson requested, and was granted permission to be
absent.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
— None (Received After Agenda Distribution)
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS (3 Minute Time Limit) — None
A motion was made by Brenden, second by Posey to recess to Closed Session for Items 2 – 6, and with
no objections, the motion passed.
CLOSED SESSION ANNOUNCEMENT(S)
1. 19-1113 Mayor Pro Tem Semeta announced: Pursuant to Government Code § 54957.6, the
City Council shall recess into Closed Session to meet with its designated labor
negotiators: Oliver Chi, City Manager; also in attendance: Travis Hopkins, Acting
Assistant City Manager regarding the following: Municipal Employees’ Association
(MEA); Management Employees’ Organization (MEO); Police Officers’ Association
(POA), Police Management Association (PMA); Marine Safety Management
Association (MSMA) Surf City Lifeguard Employees’ Association (SCLEA), and
Non-Associated.
RECESSED TO CLOSED SESSION — 5:01 PM
22
Council/PFA Regular Minutes
Housing Authority Special Minutes
November 4, 2019
Page 2 of 15
2. 19-1099 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, three (3).
3. 19-1100 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Cruz v. City of Huntington Beach; USDC Case No.: 8:19-cv-1449-DOC (ADSx).
4. 19-1101 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
City v. State of California (SB 54); OCSC Case No. 30-2018-00984280.
5. 19-1112 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 regarding the
following: Municipal Employees Association (MEA); Management Employees’
Organization (MEO); Police Officer’s Association (POA); Police Management
Association (PMA); Marine Safety Management Association (MSMA) Surf City
Lifeguard Employees’ Association (SCLEA) and Non-Associated.
6. 19-1124 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into
Closed Session to confer with the City Attorney regarding the following lawsuit:
Californians for Homeownership, Inc. v. City of Huntington Beach; OCSC Case No.
30-2019-01107760
6:00 PM - COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO
ORDER THE SPECIAL MEETING OF THE HOUSING AUTHORITY — 6:03 PM
ROLL CALL
Present: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
Absent: Peterson
Pursuant to Resolution No. 2001-54, Mayor Peterson requested, and was granted permission to be
absent.
PLEDGE OF ALLEGIANCE — Led by City Manager Chi
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.
7. 19-1087 Mark Currie of Baha’i of Huntington Beach and member of the Greater Huntington
Beach Interfaith Council
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Council/PFA Regular Minutes
Housing Authority Special Minutes
November 4, 2019
Page 3 of 15
AWARDS AND PRESENTATIONS
8. 19-1115 Mayor Pro Tem Semeta called on Board Members of the Friends of the Huntington
Beach Public Library to present a check for $150,000 to Director of Library
Services, Stephanie Beverage, for books and other library materials
Director of Library Services, Stephanie Beverage, introduced the Friends of the Huntington Beach
Library (FHBL) as one of the largest, most dedicated and most effective volunteer groups she has ever
worked with. Funds raised from the FHBL book sales, gift shop and special events since 2000 has
totaled nearly $3 Million dollars.
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:
Consent Calendar
#10. 19-1083 Communication submitted by Robin Estanislau, City Clerk, identifying a correction to the
October 21, 2019, minutes.
#16. 19-1104 Email communication submitted by Amory Hanson.
Administrative Items
#17. 19-1119 Email communication submitted by Janet Bean.
#17. 19-1119 Communication submitted by Travis Hopkins, Acting Assistant City Manager, submitting a
signed lease agreement with identified revisions.
#18. 19-1024 Communication submitted by Ursula Luna-Reynosa, Community Development Director
and Kellee Fritzal, Deputy Director of Economic Development, providing a draft
Acquisition Loan Agreement for 18431 Beach Blvd., and identifying a revision to
Recommended Action A.
#18. 19-1024 Two (2) email communications submitted by Jenny Braithwaite and Prof. Galen T. Pickett.
#19. 19-1094 Fifty-seven (57) email and MyHB communications received.
CLOSED SESSION REPORT BY CITY ATTORNEY — None
PUBLIC COMMENTS (3 Minute Time Limit) — 36 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.
Cheri Atkinson, Homeless United HB Member and Clinical Social Worker, was called to speak and stated
her support for Administrative Item No. 18 and Jamboree Housing regarding development of senior
apartment units. (00:11:34)
Karen Carroll, long-time resident of Huntington Beach and Committee Chair, Justice and Peace Ministry
at Saint Bonaventure Catholic Church, was called to speak and stated her support for Administrative
Item No. 18 and Jamboree Housing regarding development of senior apartment units. (00:14:18)
24
Council/PFA Regular Minutes
Housing Authority Special Minutes
November 4, 2019
Page 4 of 15
Gigi Jackson, a newer resident of Huntington Beach and member of Homeless United HB, was called to
speak and stated her support for Administrative Item No. 18 and Jamboree Housing regarding
development of senior apartment units. (00:17:21)
Michelle Kerns, 20-year resident, Huntington Beach homeowner, and Homeless United HB Member, was
called to speak and stated her support for Administrative Item No. 18 and Jamboree Housing regarding
development of senior apartment units. (00:20:14)
Galen Pickett, property owner, resident of Huntington Beach, and Homeless United HB Member, was
called to speak and stated his support for Administrative Item No. 18 and Jamboree Housing regarding
development of senior apartment units, and Administrative Item No. 19 regarding Housing and
Community Development (HCD) certification to become eligible for SB 2 Funds. (00:23:06)
Howard Herdman, a long-time resident of Huntington Beach, was called to speak and stated his support
for Administrative Item No. 18 and Jamboree Housing regarding development of senior apartment units.
(00:25:20)
Natalie Moser, 40-year resident, Chair, Human Relations Task Force, and Homeless United HB Member,
was called to speak and stated her support for Administrative Item No. 18 and Jamboree Housing
regarding development of senior apartment units, and Administrative Item No. 19 regarding Housing and
Community Development (HCD) certification to become eligible for SB 2 Funds. (00:28:12)
Cari Swan was called to speak and stated her opposition to Administrative Item No. 19 regarding
Housing and Community Development (HCD) certification to become eligible for SB 2 Funds. (00:31:15)
Ralph Bauer, long-time resident of Huntington Beach, was called to speak and stated his support for
Administrative Item No. 18 and Jamboree Housing regarding development of senior apartment units.
(00:34:18)
Shirley Dettloff, 55-year resident of Huntington Beach, was called to speak and stated her support for
Administrative Item No. 18 and Jamboree Housing regarding development of senior apartment units.
(00:37:11)
Tim Geddes, 35 plus-year resident of Huntington Beach, was called to speak and stated his opinions in
opposition to the Magnolia Tank Farm and Shopoff projects, and encouraged the City Council to always
make "the right thing to do" decisions. (00:41:09)
Bob Pace, a passionate surfer and Huntington Beach International Surfing Museum Former Board
Member, was called to speak and stated his opposition to having an out-of-area company manage the
Huntington Beach International Surfing Museum. (00:44:11)
Bill Fury, former Huntington Beach International Surfing Museum Board Member, was called to speak
and stated his opposition to having an out-of-area company manage the Huntington Beach International
Surfing Museum. (00:47:30)
Gary Sahagen, Huntington Beach International Surfing Museum Former Board Member, was called to
speak and stated his opposition to having an out-of-area company manage the Huntington Beach
International Surfing Museum. (00:50:37)
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Rabbi Stephen Einstein, Founding Member and Past President of the Greater Huntington Beach
Interfaith Council, was called to speak and stated his support for Administrative Item No. 18 and
Jamboree Housing regarding development of senior apartment units. (00:54:05)
Adam Bushman Orozco, an avid surfer, was called to speak and stated his support for local
management of the Huntington Beach International Surfing Museum. (00:56:03)
Jericho Poppler, Women's Surfing Champion and the Surf City Go Go Girls were called to speak and
danced to Surf City by Jan & Dean to encourage the City Council to do the right thing for the Huntington
Beach International Surfing Museum. (00:57:20)
Mike Downey was called to speak and stated support for local management of the Huntington Beach
International Surfing Museum. (01:00:39)
Diana Dehm, Surf City resident and Former Director of the Huntington Beach International Surfing
Museum, was called to speak and stated support for local management of the Huntington Beach
International Surfing Museum. (01:01:26)
Bruce Wareh was called to speak and stated his opposition to Administrative Item No. 19 regarding
Housing and Community Development (HCD) certification to become eligible for SB 2 Funds. (01:05:00)
Jerry Barry, a 55-year resident of Huntington Beach, was called to speak and stated his opposition to
Administrative Item No. 19 regarding Housing and Community Development (HCD) certification to
become eligible for SB 2 Funds. (01:09:08)
Sharon Messick, HBLAP, was called to speak and shared slides to document her opinion on the heavy
toxic burden created for her neighborhood related to the AES, Ascon Landfill and Shopoff Development
projects, and asked City Council to not approve the Magnolia Tank Farm project. (01:10:13)
Rita Barry, a 55-year resident of Huntington Beach, was called to speak and stated her opposition to
Administrative Item No. 19 regarding Housing and Community Development (HCD) certification to
become eligible for SB 2 Funds. (01:13:10)
Terri Wargo was called to speak and stated support for local management of the Huntington Beach
International Surfing Museum. (01:15:11)
Teresa Carlisle, Huntington Beach Art Center, was called to speak and announced the 6th Annual
Huntington Beach Arts Council Exhibition, Inspired, showing from November 16 through December 14,
with an Opening Reception on Saturday, November 16th, Public Reception from 6:30 - 9 p.m. (01:16:25)
Kathryn Levassiur, a long-time Huntington Beach resident, was called to speak and announced the Fix-It
Clinic, Saturday, November 16, Huntington Beach Central Library, 1 - 3 p.m., a free family event to try to
fix things that don't work. (01:18:20)
Amber, a 19-year home owner in south east Huntington Beach, was called to speak and stated her
concerns related to possible toxic conditions at Edison High School, Edison Community Center and area
residents from the Ascon Landfill project. (01:19:14)
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Milt Dardis was called to speak and shared his opinions regarding the Shopoff project, and asked why
there are no underground soil samples for the Ascon Landfill project. (01:22:31)
Shannon Eggleston, an avid surfer and local business owner, was called to speak and shared her
support for local management of the Huntington Beach International Surfing Museum. (01:25:52)
Becky Ettinger, a former surfing coach and Professor of Nursing, was called to speak and stated her
support for local management of the Huntington Beach International Surfing Museum. (01:27:33)
Rob Pool was called to speak and stated his opposition to Administrative Item No. 19 regarding Housing
and Community Development (HCD) certification to become eligible for SB 2 Funds, and opposition to
building anything next to the Magnolia Tank Farm, which he believes is a toxic dump. (01:30:27)
Bryce Leisy, Wilson High School Surf Coach, Long Beach, was called to speak and stated his support for
local management of the Huntington Beach International Surfing Museum. (01:33:54)
Kelli Inman, 46-year resident, 25-year homeowner and mother of an Edison High School sophomore,
was called to speak and shared potential toxicity family health issues which she suspects are related to
the Ascon Landfill project, and expressed her dismay at the lack of transparency regarding the potential
effects for staff and students at Edison High School as related to the Ascon Landfill project. Mayor Pro
Tem Semeta asked Ms. Inman to complete a blue card for staff follow-up. (01:35:31)
Adam Wood, Building Industry Association of Orange County and Huntington Beach resident, was called
to speak and stated his support for Administrative Item No. 19 regarding Housing and Community
Development (HCD) certification to become eligible for SB 2 Funds. (01:38:49)
Zach Ifland, Surfing the Nations Executive Director, was called to speak and stated his support for local
management of the Huntington Beach International Surfing Museum. (01:39:38)
Lee Love, Surf City resident and business owner, was called to speak, and stated her support for local
management of the Huntington Beach International Surfing Museum, and invited everyone to the 20th
Annual Surf City Splash on Wednesday, January 1, 2020, to benefit the Huntington Beach International
Surfing Museum. (01:41:12)
COUNCIL COMMITTEE – APPOINTMENTS – LIAISON REPORTS, AB 1234 REPORTING, AND
OPENNESS IN NEGOTIATIONS DISCLOSURES
Councilmember Brenden reported meeting with Cynthia Guidry, the new Long Beach Airport Director,
regarding jet noise issues, and announced that Mayor Peterson is in Washington, DC meeting with the
FAA to continue discussions on jet noise solutions, and described HR 96, a bill in Congress that would
direct the FAA to report on the health impacts of air traffic noise and pollution. Councilmember Brenden
announced there are several vacancies on the Human Relations Task Force and applicant interviews will
be held the first week in December. Application forms are available on the City's website.
Councilmember Brenden, as a member of the Orange County Senior Citizen Advisory Council,
announced that AARP will host a public workshop entitled Livable Communities on Friday, November 8,
9:30 a.m. at Laguna Niguel City Hall.
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Councilmember Delgleize reported attending a meeting of the Orange County Housing Finance Trust,
and the Orange County Transit Authority Mayor's Forum.
CITY MANAGER’S REPORT
City Manager Chi acknowledged feedback related to the Surfing Museum, and indicated that the City will
continue communications with Visit Huntington Beach (VHB) and the local surf community to consider
options for Council approval in the near future.
CITY TREASURER’S REPORT
9. 19-809 Received and Filed the City Treasurer’s September 2019 Quarterly Investment
Report
City Treasurer Alisa Backstrom presented a PowerPoint communication entitled: City of Huntington
Beach Quarterly Investment Report with slides titled: Economic and Market Overview - September 2019,
Bond Basics, Portfolio Summary as of 9/30/2019, Investments by Type - as of 9/30/2019, Monthly
Activity, Quarterly Activity, Portfolio Earnings, and Selected Investment Policy Compliance
Requirements.
A motion was made by Posey, second Carr to receive and file the City Treasurer's Quarterly Investment
Report for September 2019, pursuant to Section 17.0 of the Investment Policy of the City of Huntington
Beach.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
CONSENT CALENDAR
Councilmember Posey pulled Item No. 15 for further discussion.
10. 19-1083 Approved and Adopted Minutes
A motion was made by Delgleize, second Hardy to approve and adopt the City Council/Public Financing
Authority regular meeting minutes dated October 21, 2019, as written and on file in the office of the City
Clerk as amended by Supplemental Communication to identify and correct a typographical error.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
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11. 19-1040 Approved and accepted donation of $150,000.00 from the Friends of the Huntington
Beach Public Library (FOTL); and, approved allocation
A motion was made by Delgleize, second Hardy to approve and accept the donation from the Friends of
the Huntington Beach Public Library, and allocate $150,000.00 to Adult Donations Account
10350102.64455 for books.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
12. 19-1109 Adopted Resolution No. 2019-79 Adopting the City’s Debt Management Policy
A motion was made by Delgleize, second Hardy to Adopt Resolution No. 2019-79, "A Resolution of the
City Council of the City of Huntington Beach Adopting the City's Debt Management Policy."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
13. 19-1004 Approved and authorized execution of Lease Agreements for two concession
buildings at the Huntington Beach Pier with Kite Connection and Surf City Store
A motion was made by Delgleize, second Hardy to approve and authorize the Mayor, City Clerk, and City
Manager to execute "Lease Between the City of Huntington Beach and Dave Shenkman, Doing
Business As Kite Connection International Incorporated;" and, approve and authorize the Mayor, City
Clerk, and City Manager to execute "Lease Between the City of Huntington Beach and Tina Viray and
Nelson Wescott, a General Partnership, Doing Business As the Surf City Store."
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
14. 19-1089 Approved and authorized execution of License Agreements with the County of
Orange to install, operate and maintain official and secure Ballot Drop Boxes at the
Huntington Beach Civic Center, 2000 Main Street, and the Main Street Branch
Library, 525 Main Street, in Huntington Beach
A motion was made by Delgleize, second Hardy to approve and authorize the Mayor and City Clerk to
execute a "License Agreement" with the County of Orange for installation, operation and maintenance of
a Ballot Drop Box as identified in Exhibits A and B (License Area description and location) at the
Huntington Civic Center, 2000 Main Street, Huntington Beach; and, approve and authorize the Mayor
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and City Clerk to execute a "License Agreement" with the County of Orange for installation, operation
and maintenance of a Ballot Drop Box as identified in Exhibits A and B (License Area description and
location) at the Main Street Branch Library, 525 Main Street, Huntington Beach.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
15. 19-1103 Authorized the appointment of Marie Knight to the position of Director of
Organization Learning and Engagement; created the Director of Organizational
Learning & Engagement classification by approving for introduction Ordinance No.
4200; Adopted Resolution No. 2019-78 amending the Non-Associated Salary
Resolution to add the classification of Director of Organizational Learning &
Engagement, while also clarifying the compensation range for the City Manager;
delegated authority for execution of the employment agreement for the Director of
Organizational Learning & Engagement to the City Manager
Councilmember Posey and City Manager Chi discussed funding and the responsibilities of the new
position as related to the Director of Human Resources position, and succession planning.
Mayor Pro Tem Semeta confirmed with City Manager Chi that a Director of Human Resources cannot be
hired without Council approval, and stated her support for this item.
A motion was made by Posey, second Hardy to, after the City Clerk reads by title, approve for
introduction Ordinance No. 4200," An Ordinance of the City of Huntington Beach Amending the
Huntington Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From
the Competitive Service" by adding the Director of Organization Learning & Engagement; and, adopt
Resolution No 2019-78, "A Resolution of the City Council of the City of Huntington Beach Modifying
Salary and Benefits for Non-Represented Employees By Adding the Director of Organizational Learning
& Engagement Classification and Establishing Compensation and Amending the Compensation for the
City Manager" as amended to strike reference to vacant Department Head positions identified on
Exhibit 1 of Resolution 2019-78, and, delegate authority to the City Manager and City Attorney to
execute Employment Agreement for the Director of Organizational Learning & Engagement; and,
approve the appointment of Marie Knight to the position of Director of Organizational Learning &
Engagement; and, approve and authorize the City Manager to execute the "Employment Agreement
Between the City of Huntington Beach and Marie Knight" for the position of Director of Organizational
Learning and Engagement.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
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16. 19-1104 Approved the appointment of Christopher Slama to the position of the Director of
Community Services and authorized the City Manager to execute the Employment
Agreement
A motion was made by Delgleize, second Hardy to approve and authorize the City Manager to execute
the "Employment Agreement between the City of Huntington Beach and Christopher Slama" for the
position of Director of Community Services.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
Mayor Pro Tem congratulated Mr. Chris Slama for accepting the position of Community Services
Director.
ADMINISTRATIVE ITEMS
17. 19-1119 Approved and authorized execution of a Lease Agreement for Let’s Go Fishing and
Surf City Snack Bar, LLC at the Huntington Beach Pier
City Manager Chi introduced the Lease, reasons for the change to a 1-year lease, and highlighted
expectations of tenants located on the municipal pier.
Councilmember Posey and City Manager Chi discussed some concerns and performance issues which
were not properly addressed through the Request for Proposals (RFP) process and Councilmember
Posey suggested a 6-month lease extension with Let's Go Fishing, followed by a month-to-month term
as Council proceeds to ensure proper return on taxpayers’ investment.
Councilmember Brenden stated his support for Councilmember Posey's statements and amendment for
a 6-month lease extension that then would convert to month-to-month to allow for Council direction and
development of an accurate RFP that addresses specific concerns.
Councilmember Hardy expressed her concerns with how this process was handled and stated support
for the amended motion.
Councilmember Delgleize suggested that it might be time to look at the whole pier, rather than just one
location on the pier.
Councilmember Carr stated support for Councilmember Delgleize's comment, as well as more accurately
defining expectations.
Mayor Pro Tem Semeta shared her support for the recommended changes, and including the other two
tenants in the process of defining the vision for the pier as a whole.
A motion was made by Posey, second Brenden to approve and authorize the Mayor, City Clerk, and City
Manager to execute "Lease between the City of Huntington Beach and Let's Go Fishing and Surf City
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Snack Bar in the City of Huntington Beach"; and direct staff to review expectations/options for the Pier
Concession and bring back as a Study Session item, as amended to revise lease agreement from a 1-
year to 6-month term, with a month-to-month option thereafter for year one; and, to accept
revisions submitted via Supplemental Communication to update the business name and delete
Section 16. Security Deposit.
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
18. 19-1024 Approved and authorized execution of an Acquisition Loan Agreement between the
City, Housing Authority and Beach Housing Partners LP for development of up to
43 senior apartment units located at 18431 Beach Boulevard; and approved
allocation of funds
City Manager Chi introduced Director of Community Development Ursula Luna-Reynosa and Deputy
Director of Economic Development Kellee Fritzal who presented a PowerPoint communication entitled:
Acquisition Loan Agreement: Between Huntington Beach & Jamboree, with slides titled Jamboree is a
Nonprofit Corporation founded in 1990, Beach Blvd and Main Street, Acquisition Loan Agreement, and
Questions.
Councilmember Posey confirmed with Director Luna-Reynosa that if the project is approved it would
provide Regional Housing Needs Assessment (RHNA) credit.
Councilmember Posey and City Manager Chi discussed the source of funds for the loan are restricted
housing-related funds the City has from pre-redevelopment days, and "in-lieu" fees.
Councilmember Carr requested the current balance in affordable housing funds, and City Manager Chi
confirmed that currently the City has $9M in restricted funds that must be used on low, very low or
homeless housing projects.
Councilmember Hardy explained that she is not approving a specific project by supporting this item, that
the process to approve a specific project is yet to come, and stated her optimism for this project at this
location.
Director Luna-Reynosa and City Manager Chi discussed the need to expand the timeline for completion
of financing.
Councilmember Brenden, City Manager Chi and Director Luna-Reynosa discussed loan process details
and Councilmember Brenden stated his support for this item.
Councilmember Delgleize stated her support for this item.
A motion was made by Posey, second Brenden to direct the City Manager/Executive Director and
City Attorney/Authority Counsel to finalize the draft Acquisition Loan Agreement (18431 Beach
Boulevard) by and among the Huntington Beach Housing Authority, City of Huntington Beach,
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and Beach Housing Partners LP; and, authorize and direct the City Manager/Executive Director, after
City Attorney/Authority Counsel review, to sign any necessary documents to implement the Agreement;
and, appropriate funds of $2.1 million from Fund 217 and $900,000 from Fund 352 for this purpose, as
amended by Supplemental Communication to revise Recommended City Council and Housing
Authority Action A).
The motion carried by the following vote:
AYES: Brenden, Carr, Semeta, Posey, Delgleize, and Hardy
NOES: None
ABSENT: Peterson
19. 19-1094 Directed staff to prepare Amendments to the Housing Element of the General Plan
and to the Beach Edinger Corridor Specific Plan (BECSP) to obtain Housing and
Community Development (HCD) certification for the purpose of being eligible to
apply for SB 2 Funds
City Manager Chi presented a PowerPoint presentation entitled: Direction Regarding Housing Element
Certification to Obtain SB 2 Funds, with slides titled: How Did We Get Here? What Is the City Actually
Considering Tonight?, Why Is the City Trying To Get Its Housing Element Certified?, What's Included In
the Proposed Housing Element Plan Update?, How Would the Affordable Housing Overlay Work?,
Regarding Parking Standards, What Would Be Required for the 7 Sites?, Now . . . Where Are These 7
Sites, and How Many Units Are We Planning For?, Realistic Development Potential for the 7 Identified
Overlay Sites, Site 1: Cameron/Beach (South of Slater), Site 2: Beach/Main, Sites 3 & 4:
Delaware/Florida, Site 5: Beach/Yorktown (East Side), Site :6 Beach/Yorktown (West Side), Site 7:
Beach s/o Yorktown (State-Owned Property), Policy Question Before the City Council Tonight, Additional
Considerations, and Questions and Feedback.
Councilmember Posey provided a brief history of the effort and his support to qualify for SB 2 funding.
Councilmember Delgleize stated support for Councilmember Posey's comments and added that the laws
have changed since 2015 with tightening restrictions and increased numbers for affordable housing
requirements. Councilmember Delgleize described the properties identified as currently blighted and
supports this item as a good, long-term solution.
Councilmember Brenden stated his support for this item, but expressed concerns to the City Attorney
that approving this action might compromise other lawsuits against the State claiming Charter City
status. City Attorney Gates stated he was unable to comment or make any public disclosure.
Councilmember Hardy expressed her opinion that Huntington Beach has definitely stepped up to meet
RHNA requirements, especially noting that the City's numbers are in the hundreds higher than
neighboring cities, and stated her concern about considering multiple project sites, even if they are
currently in unsightly condition, because she believes reviewing the specific details on a project-by-
project basis is the correct way to proceed, and therefore she cannot support this item.
Councilmember Carr stated her support for the identified project sites, but questioned if HCD will accept
multiple one-offs throughout the City as meeting requirements. To define "by right" Director Luna-
Reynosa explained that projects have to comply with the City's development standards, and if they
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comply the developer does not have to secure any discretionary permits. Director Luna-Reynosa further
explained that the RHNA process is not one-offs, but rather planning for zoned properties that will allow
for a certain number of residential units to meet the RHNA thresholds.
City Manager Chi explained that the affordable housing development standards have already been
determined and approved, and this item under consideration is only to decide if the Council approves
submitting a plan to the State for their consideration that includes this affordable housing overlay to see if
they would approve and certify.
Mayor Pro Tem Semeta and Director Luna-Reynosa discussed the density bonus, which is State law and
provides for a percentage of units that must meet different affordability levels, and confirmed that
tonight's action will not change those options.
Councilmember Delgleize stated her support for the overlay because the development standards do exist
to ensure projects will be compatible.
Mayor Pro Tem Semeta stated support for development that is compatible with surrounding uses, and
expressed concerns regarding what she sees as the State's over-reaching policies to remove local
control over land-use decisions. Further, she expressed her belief that the City can produce affordable
housing without SB 2 Funds, and would therefore not be supporting the item.
Councilmember Posey explained that this item is only a planning process, does not require any building,
and creates an opportunity that may or may not result in development, but is expected to result in
compliance with RHNA for the next twenty-three months.
Staff provided an overview of the process required for housing element development and explained that
the current standards were adopted in 2015 with the approval of the Beach Edinger Corridor Specific
Plan. If approved, this item will ask HCD to review the City's housing element plan to determine if it
meets State housing element law. HCD will send a letter of determination that will either certify the plan
as presented, or stipulate any changes that must be made.
Councilmember Delgleize confirmed with staff that if certification is not reached before the next cycle in
Fall 2021, then any RHNA numbers not accommodated in the current planning period will be added to
the numbers for the new cycle, and stated her support for this item.
Councilmember Carr stated that she is against bad development and would like to have further
conversation with HCD on this issue and therefore supports this item.
A motion was made by Delgleize, second Posey to direct staff to prepare an amendment to the Housing
Element and BECSP for City Council consideration.
Councilmember Brenden and Mayor Pro Tem Semeta asked for clarification as they questioned whether
"directing staff to prepare an amendment to the Housing Element and BECSP for City Council
consideration" was what City Manager Chi described during the discussion.
Director Luna-Reynosa explained that HCD has engaged in an informal review process, but HCD will not
comment in writing until they receive a formal submittal.
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City Manager Chi helped amend the Recommended Action to meet Council expectations and clarify
Council's intentions.
A substitute motion was made by Brenden, second Carr to direct staff to prepare a plan for the
amendments to the Housing Element and Beach Edinger Corridor Specific Plan (BECSP) with the
affordable housing overlay, and submit that plan to the State Housing and Community
Development (HCD) for consideration and review in an effort to get our Housing Element
certified.
The substitute motion carried by the following vote:
AYES: Brenden, Carr, Delgleize, and Posey
NOES: Semeta, and Hardy
ABSENT: Peterson
COUNCILMEMBER COMMENTS (Not Agendized)
Councilmember Brenden read the list of Top Ten Senior Scams and recommended reading the front-
page article from the Council on Aging November newsletter; clarified for all residents that there is one
City-permitted non-profit vendor, Canning Hunger, which is authorized to ask for voluntary donations
when repainting curb street numbers; reported speaking at Eagle Scout Courts of Honor for Dane Tyler
Price of Troop 568, and Benjamin Mallory Walker of Troop 1; attending the Huntington Beach Kiwanis
Welcome for New City Manager Oliver Chi, the Association of California Cities – Orange County (ACC-
OC) Lunch and Learn Presents — Navigating Social Media/A Guide for Local Agency Officials, the
Spurgeon Awards Luncheon hosted annually by the Orange County Boy Scouts Exploring Program,
Colette's Children's Home Annual Gala; and announced the Saturday, November 16, Fix-It Clinic at
Central Library from 1—3 p.m. Councilmember Brenden closed his comments by remembering Dewey
Everett Linehan, a long-time Lion and member of the Forever Young Band, who recently passed away.
Councilmember Carr thanked the community for their continued support during her husband's healing
process and announced that he is now out of the hospital. She also announced her appointment by
Speaker Anthony Rendon to serve on the California Commission on Aging.
Councilmember Posey reported that the Association of California Cities – Orange County (ACC-OC) has
created a new Housing Committee that named him as the Chair, and he attended the Closing Ceremony
of the VISSLA ISA World Junior Surfing Championships.
Councilmember Delgleize commended the Friends of the Library volunteers for the tremendous amount
of money they raise each year; reported attending a Veterans Ceremony in Costa Mesa where 100-year
old Lt. Jane Poor and 99-year old Sgt. Bill Call were recognized; and congratulated City of Huntington
Beach residents who completed the Certified Emergency Response Training (CERT) Class.
Councilmember Hardy reported participating in the VISSLA ISA World Junior Surfing Championships
Opening Ceremony.
Mayor Pro Tem Semeta reported participating in the VISSLA ISA World Junior Surfing Championships
Closing Ceremony and congratulated Coach Brett Simpson and Team USA for earning Gold; attending
the Orange County Transportation Authority District (OCTA) Mayor's Forum, the Mental Health Forum
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hosted by Senator John Moorlach, Association of California Cities – Orange County (ACC-OC) CalPERS
Educational Forum, and the Downtown Business Improvement District (DBID) Halloween celebration.
ADJOURNMENT — at 9:53 PM to the next regularly scheduled meeting of the Huntington Beach City
Council/Public Financing Authority on Monday, November 18, 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
and Housing Authority of the City of Huntington
Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
36
City of Huntington Beach
File #:19-1096 MEETING DATE:11/18/2019
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 additional appropriation of $150,000 for professional Fire Prevention inspection, plan
check, and environmental engineering services, and increase professional services authority
accordingly
Statement of Issue:
The Fire Department requires professional fire prevention inspection, plan check, and environmental
engineering services on an as-needed basis. These professional services are critical to making sure
development related and inspection services are provided to the community in a timely manner. The
Department requests an additional appropriation of $150,000 for these services.
Financial Impact:
The FY 2019/20 budget for professional services under 10065201.69365 is currently $100,000 so an
additional allocation of $150,000 is requested. The recommended action is primarily cost-neutral
since a major portion of these expenditures are reimbursed by developers and also offset by
revenues generated from inspection and plan review services.
Recommended Action:
A) Approve an additional appropriation of $150,000 for Fire Prevention inspection, plan check and
environmental engineering services as these expenditures are primarily cost-neutral and generally
offset by reimbursements from developers and revenues generated from inspection and plan review
services; and,
B) Increase the Fire Department’s professional services authority by $150,000 to ensure compliance
with Administration Regulation No. 228.
Alternative Action(s):
Do not approve the additional appropriation and provide staff with alternative direction.
City of Huntington Beach Printed on 11/13/2019Page 1 of 3
powered by Legistar™37
File #:19-1096 MEETING DATE:11/18/2019
Analysis:
The Fire Prevention Division is responsible for enforcing local, state, and federal codes in order to
reduce the loss of life and property from preventable fires and other emergencies. These
responsibilities are achieved through the use of professional services to cover the increase in
workload.
In Fiscal Year 2018/19, the Fire Prevention Division conducted 10,050 inspections and 1,870
development and fire protection/life safety plan check reviews that yielded approximately $1.2 million
in annual revenues. These inspections covered businesses, residential facilities, hazardous materials
occupancies, oil wells, and new construction. This Division also performed annual inspections of
approximately 1,992 multi-family residential complexes as mandated by the State.
Whenever City staff can no longer meet the increased demands of development activity, including
performing life safety, business, and state mandated inspections, these services are usually
supplemented with professional fire prevention inspection and plan review consulting services. This
approach is a cost effective method of closing the gap between the demands for inspection and plan
review services and the ability of City staff to meet those demands.
Typical Fire Prevention inspection, plan check, and environmental engineering services include:
·Performing over the counter plan check services and consultations
·Performing plan checks for detailed technical projects, including oil well abandonments
·Performing field inspections of operational fire permits, fire protection systems, fire master
plans, and architectural plans
·Determining plan compliance with applicable codes, specifications, and City standards
·Submitting a list of items requiring correction to achieve conformance with City regulations
·Providing technical reports of findings and recommendations
The Fire Prevention Division is taking steps in evaluating our service priorities and the potential of
redirecting a portion of our staff hours based upon a community risk assessment. Our mission will
remain intact while we find ways to reduce our use of professional services. We also recognize that
the volume of new development and redevelopment in Huntington Beach can fluctuate year-to-year.
We will continue to monitor the need for contract services and create a long-term staffing plan based
upon the ability to fulfill the mission of our division while addressing the ebb and flow of development
and redevelopment needs.
The Fire Department is requesting an additional appropriation for professional environmental
engineering and plan check/fire inspection services. The current funding for FY 2019/20 is $100,000
and is anticipated to be exhausted by the end of the calendar year. An additional appropriation of
$150,000 to the Fire Prevention business unit (10065201.69365) is requested. This amount will
sustain these services through June 30, 2020. These expenditures are primarily cost-neutral since a
major portion of the services are reimbursed by developers and offset by General Fund revenues
generated from cost recovery fees associated with fire inspection and plan check services.
The additional allocation is needed to enable the Fire Prevention Division maintain its mission of
providing development related and inspection services to the community in a timely manner.
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File #:19-1096 MEETING DATE:11/18/2019
Environmental Status:
None.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
None.
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City of Huntington Beach
File #:19-967 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve contract for street sweeping enforcement with Universal Protection Services, LP,
DBA Allied Universal Security Services
Statement of Issue:
Street sweeping is helpful in reducing pollution, removing debris, preventing clogs in storm drains,
and improving street appearance on our 1,121 miles of mostly residential and commercial streets. It
is important that street sweeping and its related enforcement component is efficient and effective.
Low staffing levels and other factors have contributed to less than full enforcement. Outsourcing
street sweeping enforcement will increase the number of citations written and provide full time
employees the opportunity to serve the citizens in other important capacities.
In July of 2019, a Request for Proposal (RFP) was advertised for street sweeping enforcement
services. Ten companies submitted proposals prior to the August deadline. Proposals were
independently reviewed by an Evaluation Committee consisting of City staff from various
Departments. The proposals were reviewed using standardized criteria. As a result of this process,
four companies were identified as being able to meet the needs of the City. These four companies
were invited to participate in an in-person interview to further discuss the proposal. The same
Evaluation Committee sat on this panel and evaluated the companies. From this process, the City
contacted references provided by the top two ranked companies.
Based on the Evaluation Committees’ analysis of the RFP proposals, the in-person interviews, and a
references check, Allied Universal Security Services was determined to be the most qualified
company which met all of the requirements to provide high quality street sweeping enforcement
services to the City of Huntington Beach.
Allied Universal Security Services is a well-established and professional company who is
experienced in street sweeping enforcement. They have performed street sweeping enforcement
duties for other Orange County cities and they will bring innovative ideas to the City through the use
of technology and data analysis.
Financial Impact:
Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is
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File #:19-967 MEETING DATE:11/18/2019
Over a three-year period, the total amount of this contract is $1,119,000. Annual costs for services is
$362,000 for year 1, $373,000 for year 2, and $384,000 for year 3. Sufficient appropriations are
budgeted in the current fiscal year in the Police Department. Funds for future years will be budgeted
accordingly.
With an approved service agreement, the annual cost savings will be approximately $117,000. This
savings will be realized with the defunding of five (5) parking enforcement officer positions and
decommissioning of three (3) vehicles. Any increase to revenue is unknown at this time.
Recommended Action:
Approve and authorize the Mayor and City Clerk to execute “Service Agreement Between the City of
Huntington Beach and Universal Protection Services, LP DBA Allied Universal Security (UASS) for
Street Sweeping Enforcement Services” in an amount not to exceed $1,119,000 over a three-year
term; and authorize the City Manager to execute the attached contract.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
It is important that street sweeping enforcement is efficient and effective. Our Parking Control
Officer’s (PCO) are often pulled from street sweeping enforcement duties due to other priority calls
for service and citizen complaints. With increased housing, more community events, homeless
issues, recreational vehicle parking complaints, and inconsistent street sweeping enforcement, it
becomes even more important that the City find ways to improve the reliability of street sweeping
enforcement.
By contracting with a private company, the City can redirect existing personnel and resources to
handle quality of life issues, citizen complaints, and other community priorities.
Based on a thorough evaluation of all proposals, and a review of the cost for services for maintaining
in-house street sweeping enforcement, it was determined the proposal submitted by Allied Universal
Security Services represents the best value to the City. The initial annual cost for services is
$362,000, which represents a significant one-time and annual cost savings when compared to
maintaining the services in-house. The annual cost in the two subsequent years is anticipated to be
approximately $373,000 and $384,000 respectively.
The contracted company will be driving fuel-efficient vehicles which will be branded to match the
existing fleet. Allied Universal will use improved technology and analytics to more effectively monitor
their employees and street sweeping enforcement efforts. This will lead to positive outcomes for the
City and the community by further supporting Department and City strategic goals.
The Huntington Beach Police Department has met with Allied Universal Security Services leadership
and outlined the street sweeping enforcement route information as well as the expectations of the
City to improve street sweeping enforcement services while improving customer service. Allied
Universal Security Services has clearly demonstrated their ability and commitment to meet the City’s
expectations with their written proposal as well as during the interview process.
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File #:19-967 MEETING DATE:11/18/2019
No city staff will be laid off as a result of the outsourcing.
It is recommended the City Council award a service agreement to Allied Universal Security Services
for City-wide street sweeping enforcement services for a not to exceed amount of $1,119,000 for
three (3) years.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Proposed Contract with Universal Protection Services, LP, DBA Allied Universal Security
Services
2. Proposed Contract Exhibit A
3. Proposed Contract Exhibit B
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EXHIBIT A
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1. SCOPE OF PROJECT
I. CONTRACTOR QUALIFICATIONS
CONTRACTOR must meet all of the following requirements, which may be waived only at
CITY's sole and absolute discretion:
Personnel Information
The names and resumes of the principal officers, partners, and or officials shall be submitted
to the City for review.The names(s) and resume(s) of the individual(s) who will be
considered in responsible charge of the City of Huntington Beach street sweeping
enforcement contract shall be clearly indicated.
Parking Enforcement Officer’s (PEO), including the Parking Enforcement Supervisor, must
be capable of communicating effectively in English in order to communicate with City staff
and residents, if needed. CONTRACTOR's drivers shall maintain safety and driving records
in accordance with Federal, State, County, and City regulations.
The names and years of experience of each PEO and backup personnel with copies of State
of California Department of Motor Vehicles records are also to be submitted. PEO’s must
have at least three years of driving experience.
PEOs’ DMV record shall not have 2 or more violation points in a 12-month period. A DUI
and Hit & Run each constitute 2 violation points (Vehicle code section 12810).
PEOs shall be equipped with cellular phones. Operators shall be required to answer or return
any cell phone calls within five minutes. Operators must adhere to California Senate Bill
1613 requiring the use of a hands-free device when using a cell phone while driving.
Subcontractors
If applicable, the CONTRACTOR must include in their proposal complete identification of
all subcontractors,including business address, telephone number, point of contact and work
to be performed. For subcontractors performing the work called out in this agreement, the
same information requested of CONTRACTOR must also be provided for the subcontractor.
Equipment
CONTRACTOR shall furnish five (5) primary street sweeping enforcement vehicles. Four
(4) shall be for the Parking Enforcement Officers (PEO) and one (1) shall be for the
supervising PEO. Each vehicle shall be no more than one-year-old at the time the contract
begins and is good working order. It shall be branded in accordance with the agreed upon
images, language, and markings.
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CONTRACTOR must have sufficient back-up vehicles to perform services when primary
vehicles are unavailable due to repairs or maintenance.
The equipment shall be sufficient to perform the work required herein during the hours
specified. In the event a primary street sweeping enforcement vehicle requires repair or
replacement, a back-up vehicle must be available so that the established sweeping schedule
does not fall behind. The successful CONTRACTOR shall be responsible for the repair,
maintenance, and service of its street sweeping enforcement equipment.
Existing Inventory
CONTRACTOR must provide a detailed inventory of the CONTRACTOR's equipment and
accessories that will be used to fulfill this contract.
The inventory of the street sweeping enforcement vehicle equipment shall include the
following:
Type, model/brand, year of manufacture, and the date the vehicle was
acquired.
Service records for each vehicle with total number of miles and hours (miles
only, if vehicle is not equipped with an hour meter) each vehicle has been in
service.
Anticipated remaining useful life as of the date of inventory.
Type and manufacturer of recording device for hour of operation, miles per
hour, and Global Positioning System (GPS)tracking system.
All initial vehicles used shall not exceed one (1) year in age. Age of vehicle shall be
determined and verified by California Department of Motor Vehicle (DMV) registration.
All vehicles shall be in "good" condition. A vehicle in good condition, on the whole, must
not have any major flaws (no body damage). The interior and exterior must have very few, if
any, apparent dings, scratches, or defects, and the paint is still intact. The body of the vehicle
should be rust-free or have very little rust. The tires must all match with little wear. Vehicles
shall be subject to inspection by the Fleet Supervisor or his designee. The Fleet Supervisor or
his designee reserves the right to require any corrections deemed necessary to reflect
acceptable service standards.
Vehicles must have means to monitor locations, speeds, hours of operation for reporting
purposes. **"Refer to Track, Gather, and Provide Real-Time Data in this section."
Vehicles shall have the City logo on the front driver and passenger doors, the Allied
Universal logo on the rear driver-side and passenger-side doors, and have must include the
phrase "Under contract with The City of Huntington Beach" in six-inch (6) letters on both
sides of the vehicles. Final approval of signs must be granted by the Traffic/Special Events
Unit Commander or his designee prior to use.
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Leased Equipment
All leased equipment shall be listed separately with the same detailed existing inventory
listing from the previous section; the time remaining on each vehicle's lease and options for
renewal, where applicable, shall be stated.
II. SCOPE OF WORK
CONTRACTOR shall use and furnish, at the firm's own expense, all labor, equipment, and
materials necessary for the satisfactory performance of the street services set forth herein.
The work to be performed under these specifications consist of providing street sweeping
enforcement services for the City of Huntington Beach in pre-designated areas of the CITY
on CITY determined schedules and at CITY selected hours of each day of the week.
Street Sweeping Enforcement Description
General — The service provider will provide street sweeping enforcement services to
approximately 1,121 miles of mostly residential roadways.
There are four (4) daily street sweeping routes, which take place between 8:00 am and 4:00
pm. Some routes have different start times and the CONTRACTOR will be provided with a
detailed schedule by the CITY.
During periods when there is no scheduled street sweeping (i.e. holidays, fifth weeks of the
month), the PEO’s will not be needed.
The CITY will only be billed for services rendered.
If services are not needed, the CITY will make our best efforts to provide 24 hour notice to
the CONTRACTOR.
In situations where this is not possible, or the CONTRACTOR reports for duty to find a full
day of services is not needed, the CITY intends to utilize the PEO’s for a minimum of four
hours of work. During these periods, the PEO’s will be tasked with patrolling on-street and
off-street parking areas to enforce fire lane violations, disabled parking violations, scofflaw
violations, report signage and markings deficiencies, or perform other mutually agreed upon
tasks/enforcement.
Pre-designated areas consist of the following:
Various districts of residential local streets.
Various areas posted for one side sweeping per sweeping day within posted time
frames.
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Various areas of residential local streets posted for days of the week and at posted
time frames.
Arterial Highways, Majors, Primaries, and Secondaries.
Curb and Gutter sides, curb and gutter medians, curb and gutter one side, i.e.
perimeters.
Painted medians.
City parking lots.
Commercial/ Industrial areas.
Pre-Determined Schedules
Residential local streets shall be swept once per week or twice per month as directed, on
various days of either 1st, 2nd, 3rd, or 4th week of the month.
Posted residential locals have time frames in addition to the daily schedules that must be
adhered to.
Arterial median, painted median lanes, and intersections shall be swept in conjunction
with Route 4, or as directed by the City.
III. GENERAL SPECIFICATIONS
Holidays
CONTRACTOR shall not provide street sweeping enforcement services on any of the
following Holidays:New Year's Day, President's Day, Memorial Day, Independence Day,
Labor Day, Thanksgiving, Friday after Thanksgiving, and Christmas Day. Street sweeping
enforcement does still take place on Martin Luther King Day and Veteran’s Day.
Prior to commencement of contract work, agreement on days of make-up sweeping due to
holidays shall be reached by comparing those recognized by the bargaining units of the City,
CONTRACTOR's operators, and refuse disposal personnel. Those holidays that are the same
in all three groups shall become the official list for this contract and shall be recorded as such
by a letter to file.
Sweeping Services Management Plan
CONTRACTOR shall have a plan for ensuring all street sweeping routes are enforced. The
Management Plan must include solutions that consider population growth, parked cars,
refuse pickup services, etc. CONTRACTOR is encouraged to use the latest technological
advances in their plan to achieve their management plan objectives. In order to give
CONTRACTOR a more accurate idea of the scope of work, the approximate annual curb
miles are as follows:
Residential Streets:30,060 CM
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Arterial Streets:700 CM
Raised and Painted Medians: 1,030 CM
Delays in Street Sweeping Enforcement
In the event of inclement weather, CONTRACTOR shall not be required to perform regular
scheduled street sweeping enforcement. CONTRACTOR shall, immediately upon direction
from the Public Works Street Department Lead Worker or authorized designee, sweep any
streets that become littered with storm debris or become impassable due to collected water.
During inclement weather which prevents adherence to the regular sweeping schedule for
two (2) or less days in a given week, the sweeping areas so affected by the weather shall be
swept within five (5) days of the scheduled sweeping without interruption of the regular
sweeping schedule. The Maintenance Operations Manager or authorized designee reserves
the right to determine what constitutes inclement weather. CONTRACTOR shall perform all
extra work required by such inclement weather without additional charge and shall provide
CITY with a schedule of when the makeup sweeping will be completed.
Track, Gather, and Provide Real-Time Data
The selected vendor must have the ability to track, gather, and provide real-time data with the
use of a GPS tracking system, or acceptable alternate system, for each PEO vehicle while
performing services for the CITY. Real time access to GPS shall be provided to CITY. CITY
will request a report, on an as-needed basis, that includes, but not limited to the following:
a. Speed
b. Direction
c. Location on map
d. Address
e. Distance traveled
The recorded data intervals must not exceed one (1) minute between records (Ping Rate equal
to or less than one (1) minute) and the searchable records must be kept for a minimum of six
(6) months.
Communication
CONTRACTOR shall provide equipment for two-way voice or text message communication
between the City of Huntington Beach and the individual sweepers.
Contractor Response
CONTRACTOR shall respond within 24 hours to requests or complaints from the CITY.
Speed Limit of Street Sweeper Enforcement Vehicles
Sweepers shall not operate above posted speed limits.
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Street Sweeping Enforcement Complaints
CONTRACTOR shall investigate any resident complaints that may concern or involve the
performance of the PEO and their operation. CONTRACTOR shall report to the
Traffic/Special Events Unit Commander or authorized designee on the following working
day as to the action or procedure taken with reference to any complaints.
Storage of Equipment
The CITY shall provide five parking spaces at the Public Works-City Corporation Yard at
17371 Gothard St. for the storage of the CONTRACTOR vehicles during periods of non-use.
While these vehicles are in use, the CITY will allow the CONTACTOR’s employees to park
their personal vehicles in this space. The CITY will provide a location for the
CONTRACTOR to retrieve, store, charge, the hand-held ticket writing devices.
Courteous Operation
CONTRACTOR shall perform street sweeping enforcement operations in a manner that
causes a minimum inconvenience to the residents and businesses within the CITY.
CONTRACTOR shall ensure that PEO’s conduct their activities in a professional and
courteous manner.
Accident Reports
CONTRACTOR shall provide a copy of a detailed written report of any and all accidents
involving CONTRACTOR's vehicles, personnel and/or equipment while operating within the
City to the designated City representative within twenty-four (24) hours from the date and
time of the accident. Said report shall include the date and time of the accident and a copy of
any law enforcement reports or reference identification resulting from the accident.
CONTRACTOR shall provide the name and contact information of CONTRACTOR's safety
officer, including cell phone for emergency contact.
Record Keeping
CONTRACTOR shall maintain a daily log detailing enforcement areas each day, scheduled
areas missed, date and time missed areas,reasons scheduled enforcement was not performed
or completed as scheduled, and total citations/warnings written in the City of Huntington
Beach. The report shall also specify the number and nature of complaints received, when
they were responded to, and how the complaints were resolved. CONTRACTOR shall
submit to the City a monthly and an annual report that summarizes curb mileage for
residential, arterial, and industrial areas enforced. CONTRACTOR shall meet all Federal,
State, or Local regulations pertaining to street sweeping enforcement equipment operation.
CONTRACTOR shall provide all necessary operational information and data that may be
required to complete the reporting requirements of any legally established regulatory agency.
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Compensation & Invoicing
Compensation for all services shall be based on the proposed and awarded fee schedule, per
the specifications and details in this Agreement. Invoices submitted by CONTRACTOR shall
be paid in accordance with the terms stated on the signed Agreement. The approved pricing
shall remain in effect unless modified by mutual written consent of both parties. CITY
requires the CONTRACTOR to provide monthly invoices for services. Upon the request of
the City, the CONTRACTOR shall submit the following information per vehicle:
GPS Data
Water usage and meter reads including the date the meter was read
Sweeper CNG usage
Routes completed
Curb miles swept
Complaint log
Liquidated Damages
Failure of the CONTRACTOR to complete the work in accordance with the specifications
will result in damages being sustained by the CONTRACTOR.
The following are cause for liquidated damages:
a. Missing scheduled sweeping days without providing prior notice to, and
acknowledgement by, the Operations Manager, or authorized designee (including
inclement weather).
b. Poor results.
c. Any failure or refusal by CONTRACTOR to perform in accordance with the terms of
this contract.
Upon the first occurrence of any of the foregoing acts, CONTRACTOR will be notified in
writing by the City. CONTRACTOR shall respond within five (5) days with a written plan
stating how compliance with the requirements of the agreement must be met. If there is a
second occurrence of the same act by CONTRACTOR within a thirty-day (30) period, the
City shall have the right to withhold payment of $500.00. Each separate and subsequent
occurrence of the same act shall result in a liquidated-damages charge in the amount of
$500.00.
Additional/Added Posted Streets
In the event of additional posted streets are added in the City of Huntington Beach, the Public
Works Street Department Lead Worker or his designee shall place them on the appropriate
Sweep Schedule. CITY will provide thirty (30) days, written advance notice of changes to
the route or the frequency.
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Measurements
It is the responsibility of CONTRACTOR to make all measurements to determine his
proposal price. The City of Huntington Beach will not be responsible for determining the
quantities of materials necessary to complete the work specified.
City of Huntington Beach Business License
CONTRACTOR and any Subcontractors are required to obtain a City of Huntington Beach
Business License prior to award of Contract, and to maintain the license for the entire term of
the Agreement.
Prevailing Wage?
Street sweeping is not subject to prevailing wages per:
State of California
Department of Industrial Relations
Decision on Administrative Appeal
RE: Public Works Case No. 2005-007
Street Sweeping
City of Santa Clarita
Uniforms
The CONTRACTOR will provide uniforms to the PEO’s and PEO Supervisor. The uniforms
shall consist of: A white military type shirt with shoulder epaulets, two pleated chest pockets
with three-point flaps, permanent military creases, reinforced sewn-in badge tab, pleated
pockets with pen slot, and three-point scalloped flaps. The shoulders shall be adorned with
Allied Universal shouldn’t patches, the employee shall wear a badge with identification
number clearly visible, and a name plate over the right chest pocket to include the first name
initial and last name. Black uniform pants or shorts are authorized to be worn with a duty
belt. Employees can wear a black baseball cap with the Allied Universal marking on the
front. Black crew or ankle height socks are authorized with black shoes.
Term of Agreement
The City, at its option and with CONTRACTOR concurrence, may renew this Agreement for
two (2)additional one-year (1) periods on the same terms and conditions as provided herein,
including a provision for a Consumer Price Index (CPI) adjustment in the cost of the
Agreement. This option may be exercised only if the CONTRACTOR demonstrates superior
performance in providing services during the prior three-year (3) Agreement term and in
each successive one-year (1) term thereafter.
If an increase in compensation for service in succeeding option periods is requested, the
CONTRACTOR must provide detailed supporting documentation to justify the requested
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rate increase. The requested increase will be evaluated by the City, and the City reserves the
right to negotiate, accept, or reject the CONTRACTOR's requested compensation increase.
This Agreement's compensation terms may be adjusted by a mutually agreeable amount
based on and no greater than the Consumer Price Index for All Urban Consumers (CPI-U)
for Los Angeles-Riverside-Orange County, CA, changes over the previous contract period.
Requests for price changes must be made by the CONTRACTOR in writing sixty (60) days
before the end of the then-current agreement period and is subject to negotiation or rejection
by the City. Compensation increases shall only be considered at the expiration of each two-
year (2) contract extension period.
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City Wide Street Sweeping: Exhibit B 1 of 2
EXHIBIT B
Payment Schedule
A.Rate
All rates and charges per the attached Exhibit A.
B. Billing
1. All billing shall be done monthly for services completed the prior month.
2. CONTRACTOR shall submit to CITY an invoice for each monthly payment due.
Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due.
D) Include number of citations written, complaints received, miles driven, or
other mutually agreed upon details.
3. Upon request of CITY, CONTRACTOR shall submit the following:
A) GPS Data
B) Routes completed
C) Complaint log
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain
all of the information required above, and in addition shall list the hours expended
and hourly rate charged for such time. Such invoices shall be approved by CITY if
the work performed is in accordance with the extra work or additional services
requested, and if CITY is satisfied that the statement of hours worked and costs
incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute
between the parties concerning payment of such an invoice shall be treated as
separate and apart from the ongoing performance of the remainder of this
Agreement.
C. Liquidated Damages
Failure of CONTRACTOR to complete work in accordance with the terms and conditions
of this contract will result in damages being sustained by CONTRACTOR. The following
are cause for liquidated damages:
1. Missing scheduled sweeping days without providing prior notice to, and
acknowledgement by, the Maintenance Operations Manager or authorized designee
(including inclement weather).
C. Liquidated Damages (continued)
4. Poor results.
5. Any failure or refusal by CONTRACTOR to perform in accordance with the terms
of this contract.
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City Wide Street Sweeping: Exhibit B 2 of 2
Upon the first occurrence of any of the foregoing acts, Contractor will be notified in
writing by the City. Contractor shall respond within five (5) days with a written plan stating
how compliance with the requirements of the agreement must be met. If there is a second
occurrence of the same act by Contractor within a thirty-day (30) period, the City shall
have the right to withhold payment of $500.00. Each separate and subsequent occurrence of
the same act shall result in a liquidated damages charge in the amount of $500.00.
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City of Huntington Beach
File #:19-1038 MEETING DATE:11/18/2019
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:
Approve First Amendment to Lease between the City and Kokomo’s Surfside Grill , Inc., for a
Beach Food Concession at the Marine Safety Education Center and approve Consent to
Assignment and Assumption of Lease for Kokomo’s Concession
Statement of Issue:
The City Council is asked approve the Consent to Assignment and Assumption of Lease Agreement
for Kokomo’s Concession and First Amendment to the Lease dated September 5, 2017 , between the
City of Huntington Beach and Kokomo’s Surfside Grill, a California Corporation for a Beach Food
Concession on the first floor level of the Marine Safety Education Center.
Financial Impact:
The First Amendment will increase the base monthly rent resulting in an annual increase of $735.00,
in addition to any increases in sales overage rent. Revenues will be deposited into the General Fund
(10000100.43095).
Recommended Action:
A) Approve and authorize the City Manager to execute the Consent to Assignment and Assumption
of Lease Agreement for Kokomo’s Concession; and
B) Approve and authorize the City Manager to execute the First Amendment to Lease dated
September 5, 2017 between the City of Huntington Beach and Kokomo’s Surfside Grill, a California
Corporation for a Beach Food Concession on the first floor level of the Marine Safety Education
Center.
Alternative Action(s):
Do not approve the Consent to Assignment and Assumption of Lease Agreement and First
Amendment to Lease and direct staff accordingly.
Analysis:
On September 5, 2017, the City Council approved a 10-year Lease Agreement (“Lease”) with
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Kokomo’s Surfside Grill, Inc., for the operation of a beach concession located at the Junior Lifeguard
Headquarters. Kokomo’s Surfside Grill, Inc., is currently operated by Michael and Christie Bartusick.
They sell food, drinks, and offer beach equipment rentals to residents and visitors out of the 1,140
square foot concession.
Recently, Michael Bartusick approached staff about selling the business known as Kokomo’s Surfside
Grill, Inc., to Michael and Joseph Ali. The Ali’s currently manage Zack’s Pier Plaza and Zack’s Too
(located near Beach Blvd.), which have a history of providing excellent customer service and
enhancing the visitor experience to tourists and the local community. In addition, Zack’s Pier Plaza is
amongst the strongest revenue generating concessionaires operating along the beach.
In order for Mike and Joseph Ali to operate the Kokomo’s Surfside Grill, a formal assignment of the
Lease is needed to transfer the Lease terms, conditions, and all obligations. Section 34 (a) of the
Lease states that the Lessee shall not voluntarily assign or otherwise transfer its interest in the Lease
or in the Premises, without prior written consent of the City. The City Attorney’s Office has prepared a
Consent to Assignment and Assumption of Lease Agreement for Kokomo’s Concession to complete
the transaction. The basic terms of the Lease are as follows:
·10-year term, eight (8) years remaining
·Options: One five-year option, at City’s discretion
·Base Monthly Rent: $250.00 (low), $750 (middle), and $1,500.00 (peak) seasons
·Percentage Rent: 4% (low), 9.5% (middle), 11.5% (peak) seasons
·Low Season: January, February, November, and December
·Middle Season: March, April, and October
·Peak Season: May, June, July, August, and September
In addition, a First Amendment to the Lease has been prepared to clarify the annual base rent
escalations by utilizing the All Urban Consumers (CPI-U) for the Los Angeles-Riverside-Orange
County Area (1982-84=100) as published by the U.S. Bureau of Labor Statistics for September 1,
2019. The chart below compares the differences in the base rent amounts between the Lease and
the First Amendment:
Original Lease First Amendment
Season No. of
Months
Base Rent Season SubtotalsNew Base Rent Seasonal Subtotals
Low 4 $250 $1,000 $270 $1,080
Middle 3 $750 $2,250 $800 $2,400
Peak 5 $1,500 $7,500 $1,601 $8,005
Totals 12 $10,750 $11,485
The annual difference in rent between the First Amendment and the Lease is $735. Each year
thereafter, the base rent amount will increase based on the aforementioned CPI. Upon approval of
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both agreements by the City Council and close of escrow for the business assets, Mike and Joseph
Ali will operate the concession as Kokomo’s Surfside Grill. The Economic Development Committee
(EDC) reviewed the request for Assignment at the September 11, 2019, meeting and recommended
approval. Based on the foregoing, staff is recommending approval of the assignment.
Environmental Status:
No applicable
Strategic Plan Goal:
Strengthen long-term financial and economic sustainability
Attachment(s):
1. Consent to Assignment and Assumption of Lease Agreement for Kokomo’s Concession,
including Exhibit “A,” Lease dated September 5, 2017; Exhibit “B,” First Amendment to Lease
Dated September 5, 2017, and Exhibit “C,” Agreement for Purchase and Sale of Assets.
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City of Huntington Beach
File #:19-1129 MEETING DATE:11/18/2019
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:
Adopt Resolution 2019-11 approving a summary vacation of an easement over a portion of 13
th Street and Crest Avenue; adopt Resolution 2019-77 declaring a strip of City-owned property
as surplus property; approve Quitclaim Deed for ownership of easement and the agreement
for sale of surplus real property between the City and Dawn and Naomi Shimoda; and,
authorize recordation of resolutions and exhibits with the Orange County Recorder
Statement of Issue:
The City owns a strip of land by 13th Street and Crest Avenue, the land was for dedication for street
and sidewalk approvals. The City has completed all street and sidewalk improvements and no longer
needs the small remnant piece of land. It is requested that the City Council adopt two Resolutions
declaring the strip surplus property and ordering a summary vacation of an easement, and approve
an agreement for sale of surplus property with Dawn and Naomi Shimoda.
Financial Impact:
The City would not incur any expenses of the vacation of the easement. However, the City will
receive Two Thousand Two Hundred Fifty Dollars ($2,250.00) for the disposition of the property to be
deposited into the General Fund.
Recommended Action:
A) Adopt Resolution No. 2019-11, “A Resolution of the City Council of the City of Huntington Beach
ordering the summary vacation of an easement over a portion of 13th Street and Crest Avenue in the
City of Huntington Beach” (Attachment 1); and,
B) Adopt Resolution No. 2019-77, “A resolution of the City Council of the City of Huntington Beach
declaring that a strip of City owned property adjacent to 743 13th Street, Huntington Beach, is surplus
property” (Attachment 7); and,
C) Instruct the City Clerk to record Resolutions No. 2019-11 and 2019-77 and the attached exhibits
with the Orange County Recorder; and,
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D) Approve the “Agreement for Sale of Surplus Real Property and Escrow Instructions by and
between the City of Huntington Beach and Dawn Michiko Shimoda and Naomi
Shimoda,” (Attachment 5); and
E) Approve the Quitclaim Deed transferring ownership of easement to Dawn Michiko Shimoda
and Naomi Shimoda, as well as any other escrow documents necessary for this transfer (Attachment
6).
Alternative Action(s):
Do not approve the Resolutions for Purchase Agreement and direct staff as necessary.
Analysis:
On June 24, 1905, 13
th Street was dedicated (the “Dedication”) to the City of Huntington Beach on
the map of the Wesley Park Section (Attachment 2) in fee interest as determined by a title report.
Since the Dedication, all necessary public street and sidewalk improvements have been constructed
adjacent to the residential property at 743 13
th Street (the “Property”). However, these improvements
do not extend to the ultimate boundary of the Dedication, resulting in a one-foot wide by 150.5-foot
long portion of remnant right-of-way that exists between the interior side of the public sidewalk and
the legal boundary line of the property (see Attachment 3), this remnant right of way will be referred
to as “Surplus Property.” This surplus property is isolated between the public right of way and the
adjacent property owner’s property line at 743 13
th Street. This is a corner lot and does not abut any
other property, see aerial photo of property (Attachment 8).
Staff is requesting that this 1-foot wide portion of the Dedication be vacated to increase the size of
the property owner’s yard. The portion of the Dedication that the City is requested to summarily
vacate is located adjacent to the owner’s existing front and side yards and has been determined by
the Public Works Department to be unnecessary for any future public utility, pedestrian or vehicular
circulation. The proposed result of vacating this portion of the Dedication will not have a detrimental
impact to any future public services nor to public infrastructure. On January 23, 2019, the City of
Huntington Beach Planning Commission approved General Plan Conformance No. 18-002
(Attachment 4), finding that the proposed Summary Street Vacation (of the Dedication portion located
at the southwest corner of 13
th Street and Crest Avenue) conforms to the goals and policies of the
City’s General Plan.
Unlike the General Street Vacation process, the Summary Street Vacation process does not have
public noticing requirements, nor does it require a separate public hearing prior to the Council taking
action. After Council’s adoption, the resolution shall be recorded with the Orange County Recorder to
affect the street vacation.
The City of Huntington Beach Planning Commission approved General Plan Conformance No. 18-
002.Staff is requesting that the City of Huntington Beach approve Resolution No. 2019-77 declaring
that strip of City-owned property, adjacent to the property on 743 13
th Street,as surplus property and
then concurrently sell that surplus property to the adjacent property owners, Dawn Michiko Shimoda
and Naomi Shimoda (Attachment 5).
The City Attorney’s Office has drafted and approved an Agreement for Sale of Surplus Real Property
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The City Attorney’s Office has drafted and approved an Agreement for Sale of Surplus Real Property
and Escrow Instructions by and Between the City of Huntington Beach and Dawn Michiko Shimoda.
The City has agreed to sell the surplus property to the Shimodas for Two Thousand Two Hundred
Fifty Dollars ($2,250.00).
Environmental Status:
The proposal is categorically exempt from the California Environmental Quality Act, pursuant to City
Council Resolution No. 4501, Class V: Alterations in Land Use Limitations, sub-section (a) minor
street, alley and utility easement vacations.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Resolution No. 2019-11, “A Resolution of the City Council of the City of Huntington Beach
ordering the summary vacation of an easement over a portion of 13
th Street and Crest Avenue
in the City of Huntington Beach.”
2. Map of Wesley Park Section (of the City of Huntington Beach)
3. Exhibits A and B Legal Description and Plat Map (Vacation of Right-of-Way Easement)
4. Notice of Action - General Plan Conformance 18-002
5. Agreement for sale of surplus property and escrow instructions by and between the City of
Huntington Beach and Dawn Michiko Shimoda and Naomi Shimoda
6. Quitclaim Deed transferring ownership of surplus real property from The City of Huntington
Beach to Dawn Michiko Shimoda and Naomi Shimoda
7. Resolution No. 2019-77, “A Resolution of the City Council of the City of Huntington Beach
declaring that a strip of City owned property adjacent to 743 13
th Street, Huntington Beach is
surplus property.”
8. Aerial photo map of 743 13
th Street.
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743 13th St. Property is adjacent to City owned surplus property Aerial Map of 743 13th St 183
City of Huntington Beach
File #:19-1141 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Dahle Bulosan, Interim Chief Financial Officer
Subject:
Adopt Resolution No. 2019-88 establishing City policy on termination of residential water
service; adopt Resolution No. 2019-87 amending the Consolidated Comprehensive Citywide
Master Fee and Charges Schedule to allow reduced water service reconnection fees for
households earning less than 200% of the Federal poverty line, and establish a deposit
schedule for new water service customers; and, increase appropriations and professional
services authority by $60,000 to fund utility billing software updates and part time contract
staffing and other related costs for implementation and administration of Senate Bill No. 998
Statement of Issue:
Senate Bill No. 998 (SB 998) requires the City of Huntington Beach, as a municipal water provider to
more than 3,000 customers, to establish (by February 1, 2020) policies and procedures for
terminating residential water service in accordance with the new state legislation. The City will be
compliant with SB 998 with the approval of Resolution No. 2019-88 establishing City policy on
termination of residential water service.
Approval of Resolution No. 2019-87 amending the consolidated comprehensive Citywide Master Fee
and Charges Schedule to allow reduced water service reconnection fees for households earning less
than 200% of the federal poverty line and establishing a deposit schedule for new water service
customers. In addition, $60,000 in appropriations and professional authority is requested to fund
utility billing software updates and part time contract staffing and other related costs for
implementation and administration of SB 998.
Financial Impact:
Revenue from residential water billing is posted into the Water Fund (Fund 506). The estimated
annual revenue impact from the reduced water reconnection fees as required by SB 998 for
household incomes below 200% of the federal poverty line is a decrease of $16,000 to $76,000
depending on whether reconnections occur during regular business hours or after hours. In addition,
expenditure appropriations of $60,000 is requested in Fund 506 in FY19/20 for utility billing software
updates, temporary contract staffing, and other related costs to implement and manage SB 998
compliance. Additional ongoing funding of SB 998 administrative costs will be evaluated as a part of
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File #:19-1141 MEETING DATE:11/18/2019
the FY20/21 budget development process.
Recommended Action:
A)Adopt Resolution No. 2019-88, “A Resolution of the City Council of the City of Huntington Beach
Establishing City Policy on Termination of Residential Water Service,” and
B) Adopt Resolution No. 2019-87, “A Resolution of the City Council of the City of Huntington
Beach Amending the Consolidated Comprehensive Citywide Master Fee and Charges Schedule to
Allow Reduced Water Service Reconnection Fees for Households Earning Less Than 200% of the
Federal Poverty Line, and to Establish a Deposit Schedule for New Water Service Customers, All As
Established Pursuant to Resolutions Nos. 2016-59, 2017-46, 2018-01, 2018-29, 2018-48, 2018-55,
2019-07, and 2019-19 (Supplemental Fee Resolution No. 10),” and
C) Increase Appropriations and Professional Services Authority by $60,000 in the Water Fund
(Fund 506).
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
The City of Huntington Beach (City) provides residential water service to over 45,000 single-family
customers and 4,600 multi-family customers, in compliance to Chapter 14.12 of the Huntington
Beach Municipal Code. With the passing of Senate Bill No. 998 (SB 998) in September of 2018,
each urban and community water system is required to adopt and post on its website a written policy
on procedures for discontinuation of residential service. Based on the City’s customer base for
residential water, compliance to SB 998 is required by February 1, 2020,and subject to a violation
fee of up to $1,000 per day for noncompliance.
Policy on Discontinuation of Water Service
SB 998 requires the following to be included in the City’s written policy on discontinuation of water
service:
·Residential water service cannot be discontinued until an account has been delinquent for at
least sixty (60) days.
·The customer must be contacted by telephone or written notice no less than seven (7)
business days before residential water service is shut down for nonpayment.
·Alternative payment plan options must be made available.
·An appeal process must be outlined with no discontinuation of water service during the appeal
period.
·The policy must also allow for special medical and financial circumstances under which water
services will not be discontinued.
·Residential water services can be shut down no sooner than five (5) business days after
posting a final notice of intent to disconnect.
·The policy must outline the procedures for restoring service, including offering reduced water
reconnection fees for household incomes below 200% of the federal poverty line.
·Procedures for providing notice must comply with SB 998, including a good faith effort to visit
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·Procedures for providing notice must comply with SB 998, including a good faith effort to visit
the address if written notice is undeliverable and no contact by phone has been successful.
·Procedures are required to allow occupants to become customers (in landlord-tenant cases)
without having to pay any delinquent balances from a landlord’s account.
Resolution No. 2019-88 fully complies with the legal requirement of SB 998 and is recommended for
City Council approval (Attachment 1).
Master Fee and Charges Schedule Updates
Resolution No. 2019-87 amends the Citywide Master Fee and Charges Schedule to 1) reduce the
same day reconnection service fees for household incomes below 200% of the federal poverty line to
comply with maximum fees allowable under SB 998 and 2) formalize a deposit schedule for new
water service customers (Attachment 2).
Reconnection Service Fees
Reconnection service fees are assessed on customers who wish to reconnect their water
service after service has been shutoff due to delinquent payment. Current same day
reconnection service is $70 for regular hours and $248 for after hours. SB 998 limits the
amount that may be charged to $50 for regular hours and $150 for after hours for households
with incomes below 200% of the federal poverty line. Household income at 200% of the
federal poverty line is $42,660 for a three-person household. Huntington Beach has an
average of 2.6 persons per household. 18.8% of households in Huntington Beach have a
household income below 200% of the federal poverty line. There were 775 water shut offs in
FY 18/19. Based on this data, revenue from water reconnection fees is estimated to decrease
by $16,000 to $76,000 depending on whether reconnections occur during regular business
hours or after hours.
Water Service Deposits
Water service deposits are currently assessed on new water customers and may be waived or
refunded for creditworthy customers. Deposits range from $75 to $1,600 depending on the
meter size and type of service. There are no recommended changes to the deposit amounts.
This resolution will formalize the deposit amounts assessed on new customers.
Implementation and Administration Costs
Utility billing software (Advanced CIS) updates are necessary to implement SB 998. Advanced CIS
will need to be updated to reflect modified terms, revised fees, change in due dates, translation of
policies and other modifications. Software update costs is estimated to be $9,000. In order to
manage these new requirements for SB 998 compliance, additional contract staffing at the
Accountant Technician II level is requested. Contract staff is necessary to administer payment plans,
evaluate program eligibility, answer customer calls, assist in additional noticing requirements, and
other related duties.
Contract staffing is estimated to be $47,000. Other related costs such as noticing supplies, policy
translation, and contingent costs are estimated to be $4,000. Total overall costs for implementation
and administration is $60,000 in FY 19/20. City Council approval is requested for $60,000 in
appropriations and professional services authority. Additional ongoing funding of SB 998City of Huntington Beach Printed on 11/13/2019Page 3 of 4
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File #:19-1141 MEETING DATE:11/18/2019
appropriations and professional services authority. Additional ongoing funding of SB 998
administrative costs will be evaluated as a part of the FY20/21 budget development process.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Improve Quality of Life
Attachment(s):
1. Resolution No. 2019-88 “A Resolution of the City Council of the City of Huntington Beach
Establishing City Policy on Termination of Residential Water Service”
2. Resolution No. 2019-87 “A Resolution of the City Council of the City of Huntington Beach
Amending the Consolidated Comprehensive Citywide Master Fee and Charges Schedule to
Allow Reduced Water Service Reconnection Fees for Households Earning Less Than 200% of
the Federal Poverty Line, and to Establish a Deposit Schedule for New Water Service
Customers, All As Established Pursuant to Resolutions Nos. 2016-59, 2017-46, 2018-01, 2018
-29, 2018-48, 2018-55, 2019-07, and 2019-19 (Supplemental Fee Resolution No. 10)”
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PW-59 Same Day Turn-On New Service (Regular Hours)$ 70 $ 70 100%
PW-59.1 Same Day Reconnection Service (Regular Hours)$ 70 $ 70 100%
PW-59.2 Same Day Reconnection Service (Regular Hours) - Low Income [9]$ 70 $ 50 71%
PW-60 Same Day Turn-On New Service (After Hours) - 2 Hour Minimum $ 248 $ 248 100%
PW-60.1 Same Day Reconnection Service (After Hours) - 2 Hour Minimum $ 248 $ 248 100%
PW-60.2 Same Day Reconnection Service (After Hours) - 2 Hour Minimum -
Low Income [9] $ 248 $ 150 60%
Notes
[9]
To qualify for the low income rate, household income must be below 200% of the federal poverty level or meet requirements as
specified in CA Health and Safety Code section 116914. The Chief Financial Officer shall annually increase the Low Income
Reconnection Fees by the CPI beginning June 1, 2021, and every June 1 thereafter. The base index of the CPI adjustment shall be
defined as the All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area (1982-84=100) as published by the
United States Bureau of Labor Statistics ("Bureau") as such index stands on January 1, 2020, and the “current index” shall be the
index for the month of January immediately preceding the June 1, 2021 adjustment date, and every June 1 adjustment date
thereafter, provided that in no event shall the Low Income Reconnection Fees exceed the non-Low Income Reconnection Fees.The
City shall post the new CPI-U adjusted Fees on the City website and in the City Policy on discontinuation of residential water service.
Exhibit A
Water Reconnection Fees
No. Fee Description Current Fee % Cost
Recovery
Recommended
Fee Level
197
PW-78 Deposit - Residential - Meter Size 3/4"[11] $ 75 $ 75 N/A
PW-79 Deposit - Residential - Meter Size 1"[11] $ 100 $ 100 N/A
PW-80 Deposit - Residential - Meter Size 1 1/2"[11]$ 125 $ 125 N/A
PW-81 Deposit - Residential - Meter Size 2"[11]$ 175 $ 175 N/A
PW-82 Deposit - Residential - Meter Size 3"[11]$ 225 $ 225 N/A
PW-83 Deposit - Residential - Meter Size 4"[11]$ 400 $ 400 N/A
PW-84 Deposit - Residential - Meter Size 6"[11]$ 800 $ 800 N/A
PW-85 Deposit - Residential - Meter Size 8"[11] $ 1,150 $ 1,150 N/A
PW-86 Deposit - Residential - Meter Size 10"[11]$ 1,600 $ 1,600 N/A
PW-87 Deposit - Fire Service - Meter Size 4"$ 80 $ 80 N/A
PW-88 Deposit - Fire Service - Meter Size 6"$ 120 $ 120 N/A
PW-89 Deposit - Fire Service - Meter Size 8"$ 160 $ 160 N/A
PW-90 Deposit - Fire Service - Meter Size 10"$ 200 $ 200 N/A
Notes
[11] Multi units: Add $10.00 for each unit over 1
* Current deposits historically assessed to new customers. There are no recommended changes to the deposit
amount. This resolution will formalize the deposit amounts assessed. The City may waive or refund
deposits for creditworthy customers as outlined in Administrative Regulation 311.
Exhibit B
Water Service Deposit
No. Fee Description Current Deposit* Recommended
Deposit Level* % Cost Recovery
198
City of Huntington BeachMaster Fee andCharges ScheduleEffective Date February 01, 2020199
City Clerk3Finance 4 - 6Community Development 7 - 17Information Services18Office of Business Development 19 - 21Public Works 22 - 28Police 29 - 30Fire 31 - 41Library 42 - 45Community Services 46 - 70City of Huntington BeachMaster Fee and Charges ScheduleTable of Contents200
Copies:CL-1 Per page (per case law)[1]$ 0.10 CL-2 Miscellaneous (includes micro film)Cost of Reproduction Electronic Data Request (CD/DVD Copy)CL-3Copy of Existing Data FileActual cost CL-4Copy of Non-Existing Data FileActual cost CL-5Certification of Document$ 18 CL-6Passport Program (Application fee, Federal Program Mandate)$35 (per Department of State) CL-7Passport Photograph (optional)$ 10 CL-8Hourly Rate:City Clerk$ 105 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Per Public Records ActCity Clerk - User Fees Adopted Fee No. DescriptionMaster Fee and Charges ScheduleClerkPage 3 of 70201
Delinquent Customer FeesReturned Check Processing (Non-Sufficient Funds NSF)FN-11st NSF Check [2] $ 25 FN-2Each Subsequent NSF Check[2] $ 35 FN-3Processing of Delinquent Administrative Citation $ 39 FN-4Transient Occupancy Tax (TOT) Administration processing fee (in addition to penalty) $ 33 FN-5Collections Processing Fee $ 33 Other Fees and Charges FN-6Credit Card Convenience Processing Fee[7]$ 3.28 FN-7Parking Citation Processing Fee$ 3.28 FN-8Cash Bond Acceptance and Processing$ 85 FN-9Tract/Other Bonds Processing$ 50 FN-10Lien Processing$ 85 FN-11Business Improvement District (BID) Processing Fee$ 10 FN-12Refund Processing - Check$ 30 FN-13Check Reissuance$ 35 Water Billing FN-14Utility Customer Set-Up (residential, industrial, construction)$ 33 FN-15Utility Billing Late Fee greater of 5% or $10 flat rate Business LicenseFN-20Change to Business License - Name$ 20 FN-21Change to Business License - Location$ 20 FN-22Duplicate Business License$ 11 FN-23Business License Tax Processing Renewal$ 25 FN-24Business License Tax Renewal Processing (Tax Exempt Business)$ - FN-25Business License Application$ 45 FN-26Business License Application (Tax Exempt Business)$ - FN-27Business License Home Occupation$ 11 FN-28Business License Field Re-inspection$ 20 FN-29Business License Revocation$ 329 FN-30Oil Penalty Administration Fee$ 38 Special Regulatory Business PermitsFN-31Bingo Permit[1]$ 50 Finance - User Fees and ChargesNo. Description Adopted Fee Master Fee and Charges ScheduleFinancePage 4 of 70202
Finance - User Fees and ChargesNo. Description Adopted Fee FN-32Entertainment Permit - new$ 402 FN-33Entertainment Permit - renewal$ 402 FN-34Entertainment Permit- change of location/name$ 177 FN-35Entertainment Permit- conceptual $ 625 FN-36Fortune Teller Permit - initial$ 273 FN-37Fortune Teller Permit - renewal$ 273 FN-38Fortune Teller Permit - change of location/name$ 170 FN-39Sexually Oriented Business (SOB) Business Permit - initial $ 773 FN-40Sexually Oriented Business (SOB) Business Permit - renewal$ 773 FN-41Sexually Oriented Business (SOB) Business Permit - change name/location$ 254 FN-42Sexually Oriented Business (SOB) Performer Permit - initial$ 773 FN-43Sexually Oriented Business (SOB) Performer Permit - renewal$ 773 FN-44Massage Establishment Registration Certificate - initial / add partner$ 565 FN-45Massage Establishment Registration Certificate - renewal$ 565 FN-46Massage Establishment Registration Certificate - change of location/name/removal of partner $ 190 FN-47Massage Independent Registration Certificate- initial$ 284 FN-48Massage Independent Registration Certificate- renewal$ 200 Master Fee and Charges ScheduleFinancePage 5 of 70203
Finance - User Fees and ChargesNo. Description Adopted Fee FN-49Massage Independent Registration Certificate- change of location/name$ 60 FN-50Escort Service Permit - initial$ 617 FN-51Escort Service Permit - renewal$ 617 FN-52Escort Service Permit - change of location/name$ 254 FN-53Escort Employee Permit - initial$ 617 FN-54Escort Employee Permit - renewal$ 617 Subpoena FeesFN-55Response to subpoena - Hourly[5]$ 24 FN-56Response to subpoena - Records[5]$ 15 FN-57Response to subpoena - Civil[6]$ 275 FN-58Copies - Standard Size (up to 8.5 x 14) per copy plus actual postage charges$0.10 + postage FN-59Copies - Documents off of microfilm + actual postage charges$0.20 + postage FN-60Copies - Reproduction of Documents requiring special processing + actual postage charges Actual Cost of production Hourly Rate:FN-61Finance$ 131 FN-62Sidewalk Vending Permit Fee$ 268 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Bingo permit - Max $50 - CA Govt. Code 25845; Penal Code 326.3-326.5[2]Per CA Civil Code; 1st NSF Check is limited to $25 fee; each subsequent NSF check is limited to $35 fee[4]Current master fee schedule includes this fee but is not currently being charged due to CA State Law - SB731 section 4600 effective 9/1/09 and revised by AB1147 effective 1/1/15[5] CA Evidence Code 1563[6] CA Govt. Code 68097[7]Not charged for parking metersMaster Fee and Charges ScheduleFinancePage 6 of 70204
PLANNING COMMISSION ACTIONS[1]PL-1Annexation Request (deposit) Deposit of $37,000 PL-2Coastal Development Permit [2]$ 8,432 Conditional Use Permit:PL-3 New Residential $ 11,937 PL-4 Commercial/Industrial$ 12,695 PL-5 Alcohol, Dancing or Live Entertainment$ 5,493 PL-6Mixed Use$ 27,767 PL-7Entitlement Continuance [3]$ 613 Development AgreementPL-8 Original Contract or Significant Amendment (Deposit) Deposit of $33,000 PL-9 Minor Amendment / Affordable Housing Only$ 12,255 PL-10 Annual Review (Planning Commission Hearing)$ 4,377 PL-11 Annual Review (Administrative Review)$ 2,626 Entitlement Plan AmendmentPL-12 New Hearing$ 5,999 PL-13 No Change to Conditions - Director Review$ 3,277 PL-14General Plan Amendment – GPA Major$ 58,087 PL-15General Plan Amendment - GPA Minor$ 32,782 PL-16General Plan Conformance$ 7,316 PL-17Local Coastal Program Amendment$ 24,189 PL-18Reversion to Acreage$ 6,103 PL-19Special Permit$ 4,693 Tentative Tract MapPL-20Base$ 30,389 PL-21Per Lot$ 88 PL-22Variance [5]$ 4,999 PL-23Zoning Map Amendment [6]$ 34,927 PL-24 Precise Plan of Street Alignment$ 19,884 PL-25Mobile Home Park Conversion Review$ 51,151 PL-26Zoning Text Amendment-Major$ 45,197 PL-27Zoning Text Amendment-Minor$ 18,988 ZONING ADMINISTRATOR ACTIONS[1]Coastal Development Permit [2]PL-28 Single Family Dwelling$ 4,607 PL-29 All Others$ 5,975 PL-30Conditional Use Permit$ 6,890 PL-31Conditional Use Permit (Fences/Exceptions to Height Limits)$ 2,281 PL-32Entitlement Continuance [3]$ 438 Community Development, Planning Division - User FeesNo. Description Adopted Fee Master Fee and Charges SchedulePlanningPage 7 of 70205
Community Development, Planning Division - User FeesNo. Description Adopted Fee Entitlement Plan AmendmentPL-33 New Hearing$ 3,141 PL-34 No Change to Conditions - Director Review$ 1,998 PL-35Temporary Use Permit$ 4,808 PL-36Bond (if applicable)[C] $ 500 PL-37Tentative Parcel Map$ 7,478 PL-38Tentative Parcel Map Waiver$ 3,287 Tentative Tract MapPL-39Base$ 12,088 PL-40Per Lot$ 89 PL-41Variance [5]$ 4,561 ENVIRONMENTAL REVIEW[1]PL-42Environmental Assessment (Deposit)[7] See Note PL-43 Historic Structures (Deposit)[7] See Note PL-44Environmental Review Focused EA (Deposit)[7] See Note Mitigation Monitoring: PL-46 Mitigated Negative DeclarationPL-47 Environmental Impact Report- PL-48Environmental Impact Report (EIR) (Deposit) [7] See Note STAFF REVIEW AND SERVICES[1]PL-49Address Assignment Processing (per project)$ 1,722 PL-50Address Change$ 383 Administrative PermitPL-51 List 1: Outdoor Dining, Eating and Drinking Establishments, Fence Extensions (<8'), Personal Enrichment Services over 5,000 sq. ft., and Home Occupations $ 1,431 PL-52 List 2: Parking Reduction, Carts & Kiosks, Waiver of Development Standards, Non-conforming structure additions $ 2,274 PL-53 List 2A: Daycare No charge PL-54 List 3: Privacy Gates, Game Centers, Accessory Dwelling Units, Manufactured Home Parks $ 2,148 PL-55 List 4: Personal Enrichment Services under 5,000 sq ftNo charge PL-56Animal Permits$ 361 PL-57Categorical Exclusion letter (coastal)$ 438 PL-58CC&R Review$ 1,424 PL-59Certificate of Compliance$ 1,344 Design Review BoardPL-60Minor- approved by DRB Secretary$ 1,638 PL-61Others$ 3,277 Master Fee and Charges SchedulePlanningPage 8 of 70206
Community Development, Planning Division - User FeesNo. Description Adopted Fee PL-62Extension of Time $ 525 Pl-63Initial Plan, Zoning & Review (land use changes, zone changes, conceptual plans) $ 875 Landscape Plan Check:PL-64 Single Family Dwelling$ 644 PL-65 Tract Map $ 1,288 PL-66 Commercial/Industrial/Multi-Family Dwelling $ 1,288 PL-67Limited Sign Permit$ 1,563 PL-68Lot Line Adjustment / Lot Merger (Planning)$ 1,138 Planned Sign ProgramPL-70 Single User and Amendments to Existing Programs$ 1,644 PL-71 Multiple Users$ 2,563 Preliminary Plan Review: [4]PL-72 Single Family Residential$ 1,218 PL-73 Multi-Family Residential (up to 9 units)$ 2,141 PL-74 Multi-Family Residential (≥10 units)$ 3,359 PL-75 Non-Residential / Mixed Use$ 3,947 PL-76Sign Code Exception – Staff$ 1,401 PL-77Sign Code Exception – Design Review Board$ 1,926 Site Plan Review PL-78Major -PC Review$ 12,058 PL-79Minor- Façade remodel, Car Dealerships$ 5,012 PL-80Temporary and Promotional Activity Sign Permit$ 88 PL-81Temporary Sales/Event Permit$ 255 PL-82Wireless Permit Applications$ 1,532 Zoning Letter:PL-83 Zoning/ Flood Verification$ 88 PL-84 Zoning Letter Staff$ 263 PL-85Zoning Research/Information (Per Hour - 1 hr. min.)$ 175 PL-86Planning Consultation/Meeting Fee (Per Hour, Per Planner; 1 hr. min.) $ 175 APPEALS[1]To Planning CommissionPL-87 Single family owner appealing decision of own property$ 2,926 PL-88 Others$ 4,039 PL-89 Appeal of Director’s Decision (PC Public Hearing)$ 2,814 PL-90 Appeal of Director’s Interpretation (PC Non-Public)$ 2,107 To City Council (file w/ City Clerk’s Office)PL-91 Single family owner appealing decision of own property$ 2,220 PL-92 Others$ 3,564 PL-93Mills Act Annual Fee$ 175 Master Fee and Charges SchedulePlanningPage 9 of 70207
Community Development, Planning Division - User FeesNo. Description Adopted Fee PL-94Mills Act Application Fee$ 500 PLANNING BUILDING PLAN REVIEW[1]PL-95Planning Plan review46% of building inspection feePL-96Standard production units after model unit has been reviewed20% of building inspection fee[C]PL-97Refer to separately presented Affordable Housing in-lieu Fee SchedulePL-98for Planning Fees PL 97 - 103PL-99PL-100(established per Resolution 2007-71 and subject to annual adjustment)PL-101PL-102PL-103OTHER FEESPL-104Downtown Specific Plan Fee [C]$831 per acre Outdoor Dining: PL-105 License Agreement Application Fee$ 175 PL-106 License Agreement Use Charge per sq. ft [C]$ 0.01 PL-107 License Agreement Code Enforcement Fee per sq. ft [C]$ 4 PL-108Noise Deviation Permit$ 1,401 General Plan Maintenance Fee per $1,000 valuation of new constructionchange to sq ft General Plan Maintenance Fee per sq. ft$ 0.27 Pursuant to City Council Resolution No. 2012-66 adopted on October [C]PROJECTS REQUIRING A SUBDIVISION MAPResidential Land Use:PL-144Detached Dwelling Units (Persons per Dwelling: 2.913)PL-145Attached Dwelling Units (Persons per Dwelling: 2.257)PL-146Mobile Home Dwelling Units (Persons per Dwelling: 1.822)Beach Edinger Corridor Fees:[C]Net new commercial or office project$0.30/sq.ft. Net new industrial project$0.30/sq.ft. AFFORDABLE HOUSING IN-LIEU FEE Master Fee and Charges SchedulePlanningPage 10 of 70208
Community Development, Planning Division - User FeesNo. Description Adopted Fee Remodels or façade improvements (commercial)$0.08/sq.ft. Remodels or façade improvements (industrial)$0.08/sq.ft. New residential units (MFR)$300/unit New residential units (SFR)$300/unit New hotel room$300/room ADDITIONAL FEES MAY BE REQUIREDENTITLEMENTS FOR DEVELOPMENT INCLUDE INITIAL REVIEW OF PLANS AND ONE SUBSEQUENT REVISION SUBMITTAL. REVIEW OF PLANS IN EXCESS OF ONE REVISION SHALL BE CHARGED THE FULLY BURDENED HOURLY RATE. ALSO SEE DEPARTMENTS OF PUBLIC WORKS, FIRE, AND THE BUSINESS LICENSE DIVISION FOR ADDITIONAL FEES.Hourly RatePL-147Planning$ 175 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes:[1]Includes automation fee[2]Coastal Development Permit reduced 50% when processed concurrently [3]Plus costs for Notice of Publication, if applicable[4]50 percent of fee credited towards future entitlements[5]Variance fee reduced 50% when processed concurrently with a Conditional Use Permit[6]ZMA fee reduced 50% when processed concurrently with a General Plan Amendment[C]Included for the purpose of consolidation into the new Master Fee & Charges Schedule[7]Deposit with actual costs based on a time and material (T&M) basisMaster Fee and Charges SchedulePlanningPage 11 of 70209
B-1Permit Processing Charge (All permits, plan reviews, including change of contractor, owner, special inspector program, etc.)$ 32.00 B-2Building Inspection Fees (Including Foundation or Partial Building Inspection as well as routine building permit activities) Based on Project Valuation Inspection Fees (based on valuation): $1 to $500$ 52.00 $501 to $2,000$52.00 for first $500 + $3.31 for each additional $100 or fraction thereof $2,001 to $25,000$101.00 for first $2,000 + $14.89 for each additional $1,000 or fraction thereof $25,001 to $50,000$444.00 for first $25,000 + $10.75 for each additional $1,000 or fraction thereof $50,001 to $100,000$713.00 for first $50,000 + $7.43 for each additional $1,000 or fraction thereof $100,001 to $500,000$1,086.00 for first $100,000 + $5.39 for each additional $1,000 or fraction thereof $500,001 to $1,000,000$3,461.00 for first $500,000 + $5.05 for each additional $1,000 or fraction thereof $1,000,000 and up$5,985.00 for first $1,000,000 + $3.88 for each additional $1,000 or fraction thereof B-3Building Plan Review Fees61% of building inspection feeB-4Standard production units after model unit has been reviewed[6] 26% of building inspection fee B-5Plan Review Fee for projects requiring review in excess of 2-4 reviews - HOURLY $100,000 or less - 2 or more reviews $ 129 $100,001 - $1,000,000 - 3 or more reviews $ 129 $1,000,001 or more - 4 or more reviews $ 129 B-6Refund Processing Fee $ 194 B-7Record Retention Fee - Each sheet of permitted drawings[5] $ 4.04 B-8Record Retention Fee - Each Issued permit[5] $ 1.04 B-9Counter Staff Research/Special Services (More than 10 min.) actual cost; $129 per hr. B-10Copies from Microfilm[5] $3.00 for 1st copy, $1.50 each additional copy B-11Copies not on Microfilm[5] $ 0.10 B-12Building Plan Review Extension $ 129 B-13Building Permit Extension $ 129 B-14Building Relocation Inspection Fee (first 2 hours, minimum charge) $ 258 Community Development, Building Division - User Fees Adopted Fee No. DescriptionMaster Fee and Charges ScheduleBuildingPage 12 of 70210
Community Development, Building Division - User Fees Adopted Fee No. DescriptionB-15Building Relocation Inspection Fee (each additional hour) $ 129 B-16Investigation Fee-for work performed without a permit[7] Equal to Std. Insp. Fee OR Actual cost, whichever is greater. Minimum $250 B-17Reinspection Fee$ 161 B-18Permit Supplement[8]B-19Expired Permits[7, 9] $ 43 B-20Recording and Release of Non-Compliance due to Permit Expiration & Similar Services - City Processing Fee $ 129 B-21Recording and Release of Non-Compliance due to Permit Expiration & Similar Services - County Recorder Fee[10] $ 10 B-22Certificate of Occupancy w/Building Permit No Charge B-23Certificate of Occupancy Review (no inspection required)[3]$ 43 B-24Modified Certificate without additional inspection/admin. [4]$ 32 B-25Certificate when Inspection/Administrative Services required - B/M Occ$ 161 B-26Certificate when Inspection/Administrative Services required - All Other Occ$ 516 B-27Certificate of Occupancy Review services requiring services in excess of 75 minutes for B/M Occupancy, or in excess of 250 minutes for Other Occupancies $129/hour B-28Temporary Certificate of Occupancy - B/M Occupancies Actual Cost; $100 minimum B-29Temporary Certificate of Occupancy - All Other Occupancies Actual Cost; $225 minimum B-30Building Division Counter Services, Inspection, Plan Review, Supervisory Services - during normal work hours - hourly rate$ 129 B-31Building Division Counter Services, Inspection, Plan Review, Supervisory Service - outside normal work hours - hourly rate$ 156 B-32Planning Division - Building Plan ReviewSee Planning Fee AnalysisB-33State of California - SMIP fees[5]B-34Huntington Beach Library and School District Fees[5]B-35Electrical Permit FeesMinimum $39.00 New single and multiple-family residential buildings including additions and attached garages$0.18/sq foot, $39.00 minimum Each service meter$0.94/AMP, $39.00 minimum Each sub panel$ 45.30 Each self-contained, factory-wired, approved unit (2-HP max over 2-HP see generators, motors and transformers)$ 24.15 Lighting Fixtures: First 50 fixtures, each$ 3.75 Each additional fixture$ 1.85 Each pole with fixtures$ 24.15 Generators, Motors and Transformers: HP, kW, or KVA. Rating of Equipment up to and including two (2)$ 24.15 Over two (2) and not over ten (10)$ 45.30 Over ten (10) and not over fifty (50)$ 95.15 Over fifty (50)$ 234.00 Receptacle and Switch Outlets:Master Fee and Charges ScheduleBuildingPage 13 of 70211
Community Development, Building Division - User Fees Adopted Fee No. Description First fifty (50) outlets, each$ 3.75 Each additional outlet$ 1.85 Each section of track lighting or multiple outlet assembly$ 12.05 Signs: 1st sign at one address$ 234.00 Each additional sign at the same address$ 95.15 Fuse up$ 60.40 Temporary service: Each temporary or construction pole (including lights and outlets for outdoor uses) $ 95.15 Each sub-pole with panel$ 45.30 Each misc. item regulated by HB Electrical Code where no fee listed$ 45.30 B-36Electrical Plan Review 62% of electrical Inspection fee; $65 minimum Reviews in excess of 3 submittals $129/hr; $65 minimum B-37Mechanical Permit FeesMinimum $39.00 Installation or relocation of each furnace, including ducts and/or vents attached to such appliance$ 69.50 Each Fire and/or Smoke Damper$ 30.00 Relocation or replacement of each appliance vent not included in an appliance item also permitted $ 30.00 HVAC Duct Extension/Relocation for 1 to 10 ducts$ 44.00 Each Additional Duct$ 5.75 Installation or relocation of each boiler to 15hp or compressor to and including 5 tons, including attached cuts and/or vents$ 75.00 Installation or relocation of each boiler over 15 hp or compressor over 5 tons, including attached ducts and/or vents $ 179.00 Each evaporative cooler (non-portable type)$ 36.00 Exhaust fan connected to a single environmental air duct (includes residential cooking hoods) $ 18.50 Each Air Handling unit not part of a factory-assembled appliance$ 36.00 Each ventilation system less than or equal to 100,000 cfm which is not a portion of any HVAC system authorized by permit $ 36.00 Each ventilation system less more or equal to 100,000 cfm which is not a portion of any HVAC system authorized by permit $ 75.00 Hood served by mechanical exhaust including duct/fan$ 75.00 Miscellaneous items including all factory-built stoves, ovens, etc.$ 36.00 Factory Built fireplaces$ 36.00 Each low pressure gas-piping system up to .5 psi$ 29.00 Each medium or high pressure gas piping system exceeding .5 psi$ 98.50 Each misc. item regulated by HB Mechanical Code where no fee listed$ 36.00 B-38Mechanical Plan Review 121% of mechanical Inspection fee; $53 minimum Master Fee and Charges ScheduleBuildingPage 14 of 70212
Community Development, Building Division - User Fees Adopted Fee No. DescriptionReviews in excess of 3 submittals $129/hr; $65 minimum B-39Plumbing Permit FeesMinimum $39.00 Each plumbing fixture $ 39.00 Each building sewer$ 78.00 Rainwater systems-per drain$ 20.00 Each water heater and or vent$ 39.00 Each low pressure gas-piping system, up to .5 psi$ 29.00 Each medium or high pressure gas piping system exceeding .5 psi$ 98.50 Each waste interceptor or each kitchen grease trap$ 78.00 Installation or alteration of water piping, including vacuum breakers or backflow devices$ 78.00 Water Treating Equipment$ 39.00 Floor Drain or floor sink$ 39.00 Each misc. item regulated by HB Plumbing Code where no fee is listed$ 39.00 Sump Pumps (sewage or rainwater)$ 39.00 Medical Gas System of 1 to 5 outlets$ 262.00 Each additional medical gas outlet$ 25.00 Each misc. item regulated by HB Plumbing Code where no fee listed$ 39.00 B-40Plumbing Plan Review 68% of plumbing Inspection fee; $65 minimum Reviews in excess of 3 submittals $129/hr; $65 minimum B-41Swimming Pool Permit FeesMinimum $39.00 Building Inspection Fee0.8x as established herein Building Plan Review Fee61% of building inspection fee Planning Plan Review Fee20% of building inspection fee Electrical Items$ 125.00 Exception: Above ground spas, see electrical items$ - Plumbing Items$ 110.00 Exception: Above ground spas, see plumbing items$ - Pre-Site Inspection$ 129.00 B-42 Solar Energy Permit Fees[11] Varies based on State GC Residential15 kW or less $ 384 More than 15 kW $384 + $15 per kW above 15 kW Commercial15 kW or less $ 384 More than 15 kW to 50 kW $ 1,000 More than 50 kW to 250 kW $1,000 + $7 per kW above 50 kW More than 250 kW$2,000 + $5 per kW above 250 kW B-43 Landscape InspectionResidential $ 65 Commercial/Industrial/Multi-family $ 194 B-44NPDES Inspection (hourly, 1/2 hour minimum) $ 129 Master Fee and Charges ScheduleBuildingPage 15 of 70213
Community Development, Building Division - User Fees Adopted Fee No. DescriptionB-45Building without a permit-fine [5] 2 X Inspection Fee B-46Technology Automation fee6% of all development, permit and prevention fees for Planning, Building, Public Works and Fire For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Building Flat Fees only; remainder of cost analysis conducted on program level in separate analysis[2]Fees may be waived for Plumbing, Mechanical and Electrical permits issued by the Department of Building & Safety for electrical, mechanical or plumbing systems that either produce energy or save natural resources and exceed State and Federal minimum requirements. Examples include, but are not limited to, photovoltaic systems, solar water heating systems, high efficiency furnaces and high efficiency air conditioners.[3]City collects $75 current fee (building counter svcs.)[4] Only $30 processing fee is collected if modified[5]Not included in cost analysis; placeholder on Master Fee Schedule[6]Fee percentage set by City policy, not evaluated through NBS cost analysis[7]Penalty; set by City code/citation authority. Not included in NBS cost Analysis[8]Per City policy, fees to issue revised permits, adjust permits, admin permits or those not listed are subject to the processing fee, microfilm fee, and other fee schedule line items as applicable. Minimum Inspection Fee does not apply[9]Per City policy, fees to reactivate permits include the established processing fee plus a penalty of 50%of the new inspection fee for projects with less than 6 months expiry, or 100% of new inspection fee for more than 6 months expiry[10]Fee set by County; NBS did not evaluate[11]Fees for this section are set by the State Government Code SectionMaster Fee and Charges ScheduleBuildingPage 16 of 70214
CE-1Re-inspection Fee without Citation $ 151 CE-2Re-inspection Fee with a Citation $ 377 CE-3Notice & Order Fee $ 2,640 CE-4Mobile Vending Permit Initial $ 264 CE-5Mobile Vending Permit Annual $ 75 CE-6Shopping Cart Retrieval Containment Application $ 566 CE-7Newsrack - New Permit $ 490 CE-8Newsrack - annual Permit per rack $ 75 CE-9Appeals Fee for Notice & Order $ 422 CE-10Hourly Rate $ 151 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.NotesCommunity Development, Code Enforcement Division - User FeesNo. Description Adopted Fee Master Fee and Charges ScheduleCode EnforcementPage 17 of 70215
IS - 1 Technology Fee[1]6%Notes:[1] To be charged on all user fee services using the ELM system Information Services - User FeeNo. Description Adopted Fee Master Fee and Charges ScheduleInformation ServicesPage 18 of 70216
OBD-1Subordination Fee $ 250 OBD-2Reconveyance Fee $ 80 OBD-3Demand Fee $ 140 OBD-4Rehab Loan / Grant Fee[1] $ 500 OBD-5Affordable Housing Unit Inspection $ 43 OBD-6Affordable Housing Unit - Annual Review $ 22 OBD-7Film Permit Application charge $ 150 OBD-8Student Film Permit Application charge $ 50 OBD-9Film Permit Revisions $ 120 OBD-10Hourly Rate $ 91 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Pursuant to City Council adoption of the Housing and Rehab Rules and Regulations on April 5, 2010, Rehab Loan/Grant fee was set at $500Office of Business Development - User FeesNo. Description Adopted Fee Master Fee and Charges ScheduleOffice of Business DevelopmentPage 19 of 70217
Motion Daily Charges
Professional
Crew of under 5 200.00$
Crew of 5‐9 400.00$
Crew of 10‐20 500.00$
Crew greater than 20 600.00$
Huntington Beach Film/Production Companies
Crew of under 5 150.00$
Crew of 5‐9 300.00$
Crew of 10‐20 400.00$
Crew greater than 20 500.00$
Nonprofit
Crew of under 5 50.00$
Crew of 5‐9 100.00$
Crew of 10‐20 200.00$
Crew greater than 20 300.00$
Still Daily Charges
Professional
Crew of under 10 200.00$
Crew of 10‐20 300.00$
Crew greater than 20 400.00$
Huntington Beach Film/Production Companies
Crew of under 10 100.00$
Crew of 10‐20 200.00$
Crew greater than 20 300.00$
Nonprofit
Crew of under 10 50.00$
Crew of 10‐20 100.00$
Crew greater than 20 200.00$
Additional Charges
Location Use Fees To be determined on case‐by‐case
basis by the City Manager or his/her
Designee
Student with instructor Verification Daily Fees not required
Government Agencies Daily Fees not required
Amateur photographers (including realtors and filming for personal
use), Filming for private family use, and same‐day breaking news no charge; film permit not required
Description Adopted Charges
Office of Business Development -- Film Permit Services Charges
Master Fee and Charges Schedule
OBD‐Filming ChargesPage 20 of 70 218
FEE DESCRIPTIONStrand Parking StructureDaily Fee:September 15 ‐ May 15:First 15 minutes(included as part of first hour) No Charge No ChargeFirst 2 hours or less $2.00 $2.00Each 20 minutes thereafter$1.00$2.00Daily Maximum$15.00$18.00May 16 ‐September 14:First 15 minutes (included as part of first hour) No Charge No ChargeFirst 2 hours or less $2.00 $2.00Each 20 minutes thereafter$2.00$3.00Daily Maximum$17.00$20.00Flat Rate (after 8:00 pm)$6.00$8.00Holiday Event Flat Rate$27.00$30.00Valet Rates: September 15 ‐ May 15First 2 hours$6.00$6.00Each 20 minutes thereafter$1.00$2.00Maximum Rate$18.00$20.00May 16‐September 14:First 2 hours$6.00$6.00Each 20 minutes thereafter$1.00$2.00Maximum Rate$18.00$20.00Monthly Parking Pass: 24 hours, 7 days per week access$40.00$50.00Business Hours Parking Pass:4th Amendment to Owner Participation Agreement Annual CPI$18.86$18.86Increase each MayOFFICE OF BUSINESS DEVELOPMENT ‐ FACILITY RENTALS AND RECREATIONAL SERVICE FEESFEE AMOUNTFloor MaximumMaster Fee and Charges ScheduleOBD‐Strand ParkingPage 21 of 70219
DEVELOPMENT RELATED FEES* All Plan Check fees include 2 plan checks; additional plan checks are additionalPW-1Bond reduction (partially completed projects)[2,3]Deposit of $2,400 PW-2Cash Bond Processing (plus $85 Treasury Fee)$ 594 PW-3Construction Water (per dwelling unit)[C]$ 100 PW-4Drainage Fees per acre-Ordinance #3741 dated 9/06, Resolution 2006-23[C]$ 14,497 PW-5Dock Construction Plan Review/Inspection $ 951 PW-6Final Parcel Map Check[2,3]Deposit of $3,775 PW-7Final Tract Map Check[2,3]Deposit of $5,200 PW-8Lot Line Adjustment (Public Works)[2,3]Deposit of $1,150 PW-9Fire Hydrant Flow Analysis - Deposit[3,7] Deposit of $825 Grading Plan Check & Inspection (includes erosion control)PW-10 (51--300 cubic yards) - deposit[2,3]Deposit of $4,500 PW-11 (301-5,000 cubic yards) - deposit[2,3]Deposit of $8,025 PW-12 (Greater than 5,001 cubic yards) Maximum Deposit*[2,3]Deposit of $12,025 Improvement Plan Check: PW-13Misc/Minor[7]$ 762 PW-14 Single Family Dwelling (deposit)[2,3]Deposit of $1,700 PW-15 All Others per 4 sheets (deposit)[2,3]Deposit of $4,000 PW-16Landscape Plan Check and Inspection - (Right-of-way) - Deposit[3,7]Deposit of $1,500 ENCROACHMENT PERMITSImprovement InspectionPW-17Minor (2 Hr. Min. Deposit)[2,3] $ 238 PW-18Residential Minor $ 1,783 PW-19Residential Major $ 5,943 PW-20Commercial/Retail/Industrial - Minor $ 2,377 PW-21Commercial/Retail/Industrial - Major $ 5,943 PW-22Utility Co Encroachment Permit[C]$ 275 Improvement Inspection (Utilities) - per hour (billed monthly)$ 119 Encroachment Permit Expired $ 119 PW-23Encroachment Permit (None/working without): Violation [4] 2 X Permit Fee PW-24Street Vacation: Full vacation[2,3]Deposit $3,900 Summary vacation[2,3]Deposit $2,500 Public Works - User FeesNo. Description Adopted Fee Master Fee and Charges SchedulePublic WorksPage 22 of 70220
Public Works - User FeesNo. Description Adopted Fee PW-25Street Lighting Plan Check - Per Sheet$ 713 PW-26Survey Fee (per point)$ 59 PW-27Traffic Control Plan Check - Per sheet $ 357 PW-28Traffic Signal Plan Check - Per sheet$ 1,545 PW-29Traffic Signs & Striping Plan Check - Per Sheet$ 832 PW-30Obstruction/Storage Bin Permit (good for 7 days)[7]$ 59 PW-31Illegal Refuse Bin Impound$ 119 PW-32Illegal Storage Bin$ 178 PW-33Recycling Bin Permit (annual)[7]$ 149 PW-34Residential Parking Permit $ 24 PW-35Residential Parking Permit Replacement$ 10 PW-36Residential Parking Permit (each additional)$ 10 PW-37Temporary Restricted Parking Permits (Construction) * plus cost of signs ($ .75 per sign) $30 plus $ .75 per sign PW-38Temporary Parking in Permit Districts (fee is per sign)$ 1 PW-39Temporary Construction Parking Permit (use on street sweeping day)$ 30 PW-40Residential Street Tree Request (24" box) (Review & Installation), plus cost of tree[5] $ 312 PW-41Street Tree Non-Permitted Removal (Evaluation & determination of tree cost; billing resident for tree replacement & installation), plus $50/caliper inch of trunk @ 48" $ 749 PW-42Transportation Permits: Wide/Overweight/Loading: (set by state) Single Permit [10]$ 16 Annual Permit [10]$ 90 NPDES/STORMWATER PW-43Commercial High Priority sites (BMPs)- Annual Inspection$ 119 PW-44Commercial Medium$ 119 PW-45Commercial Low$ 119 PW-46Industrial High Priority $ 336 PW-47Industrial Medium $ 119 PW-48Industrial Low$ 119 PW-49Construction High Priority$ 169 PW-50Construction Medium $ 69 PW-51Construction Low $ 50 PW-52Commercial - Industrial Reinspection $ 119 PW-53Stormwater Permit Maintenance Inspection Fee $ 158 Master Fee and Charges SchedulePublic WorksPage 23 of 70221
Public Works - User FeesNo. Description Adopted Fee FATS, OILS & GREASES (FOG)*PW-54Food Service Establishment with Grease Control Devise (billed monthly); covers 1 insp/yr - see below $ 128 Monthly $11/month PW-55Food Service Establishment without Grease Control Devise (billed monthly; covers 2 insp/yr) - see below $ 297 Monthly $27/month PW-56Food Service Establishment - Re-Inspection $ 69 WATERPW-57Delinquent Bill Water Tag$ 45 PW-58Delinquent Bill Water Shut-off $ 115 PW-59Same Day Turn-On Service (Regular Hours)$ 70 PW-59.1Same Day Reconnection Service (Regular Hours)$ 70 PW-59.2Same Day Reconnection Service (Regular Hours) - Low Income[9]$ 50 PW-60Same Day Turn-On Service (After Hours)- 2 Hour Minimum*$ 248 PW-60.1Same Day Reconnection Service (After Hours) - 2 Hour Minimum$ 248 PW-60.2Same Day Reconnection Service (After Hours) - 2 Hour Minimum - Low Income[9] $ 150 PW-61Construction Water Meter Deposit[C]$ 700 PW-62Temp Meter Rental Setting & Removal (each occurrence)[7]$ 119 PW-64Turn Off/On/Stand-by (customer requested) per hourActual Cost MISCELLANEOUS FEESPW-65Banner Hanging- Main Street (Tree Dept)$ 219 PW-66Pennant Hanging (each) (Signals Dept)$ 62 PW-67Memorial Park Bench $ 250 PW-68Damage to City property[8] Actual Cost w/ 2 hour min. PW-69Emergency cleanup (hazmat, street cleaning)[8] Actual Cost w/ 2 hour min. PW-70Tree/Shrub Overhang Abatement[8] Actual Cost w/ 2 hour min. PW-71Weed Abatement (per parcel), plus additional contract costs if applicable[6]$ 187 PW-72Archive Fee (as-builts per sheet)$ 119 PW-73Special Studies (Hydrology/Sewer/Other)Actual Cost PW-74Excessive Plan Checks > 2; per Re-Check[3]Actual Cost; Minimum Deposit $600 PW-75Re-Inspection (hourly)[8] Actual Cost Master Fee and Charges SchedulePublic WorksPage 24 of 70222
Public Works - User FeesNo. Description Adopted Fee PW-76Public Improvement Inspection - After Hours * 4 hour minimum (hourly)[8] Actual Cost ($484 Minimum) Copies of plans and specifications (Most items available on-line)[C] $ .10 per copy per PRA or Actual Cost for plans Orange County Sanitation District [C]Sewer Connection Fee (City)[C]Traffic Impact FeeC]Water Capital Facilities Charge[C]Electric Vehicle Charging Rate $0.29/kWh HOURLY RATEHourly Rate - Maintenance$ 125 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.PW-77Hourly Rate - Engineering$ 119 Master Fee and Charges SchedulePublic WorksPage 25 of 70223
Public Works - User FeesNo. Description Adopted Fee WATER SERVICE DEPOSIT*PW-78Deposit - Residential - Meter Size 3/4"[11]$ 75 PW-79Deposit - Residential - Meter Size 1"[11]$ 100 PW-80Deposit - Residential - Meter Size 1 1/2"[11]$ 125 PW-81Deposit - Residential - Meter Size 2"[11]$ 175 PW-82Deposit - Residential - Meter Size 3"[11]$ 225 PW-83Deposit - Residential - Meter Size 4"[11]$ 400 PW-84Deposit - Residential - Meter Size 6"[11]$ 800 PW-85Deposit - Residential - Meter Size 8"[11]$ 1,150 PW-86Deposit - Residential - Meter Size 10"[11]$ 1,600 PW-87Deposit - Fire Service - Meter Size 4" $ 80 PW-88Deposit - Fire Service - Meter Size 6" $ 120 PW-89Deposit - Fire Service - Meter Size 8" $ 160 PW-90Deposit - Fire Service - Meter Size 10" $ 200 Notes[C]Included for the purpose of consolidation into the new Master Fee & Charges Schedule[2]Fee is currently a deposit, with actual costs using FBHR[3]Fee recommended is deposit with actual costs using FBHR[4]Penalty; not included in cost analysis[5]Time estimates represents upgrade from standard 15 gallon to 24 inch box[6]Fee plus additional costs if applicable[7]Revised fee structure[8]Actual Costs; using Fully Burdened Hourly Rates (FBHR)[9][10]Fee set by California Vehicle Code section 35795[11]Multi units: Add $10.00 for each unit over 1*Current deposits historically assessed to new customers. There are no recommended changes to the deposit amount. This resolution will formalize the deposit amounts assessed. The City may waive or refund deposits for creditworthy customers as outlined in Administrative Regulation 311.To qualify for the low income rate, household income must be below 200% of the federal poverty level or meet requirements as specified in CA Health and Safety Code section 116914. The Chief Financial Officer shall annually increase the Low Income Reconnection Fees by the CPI beginning June 1, 2021, and every June 1 thereafter. The base index of the CPI adjustment shall be defined as the All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area (1982-84=100) as published by the United States Bureau of Labor Statistics ("Bureau") as such index stands on January 1, 2020, and the “current index” shall be the index for the month of January immediately preceding the June 1, 2021 adjustment date, and every June 1 adjustment date thereafter, provided that in no event shall the Low Income Reconnection Fees exceed the non-Low Income Reconnection Fees.The City shall post the new CPI-U adjusted Fees on the City website and in the City Policy on discontinuation of residential water service.Master Fee and Charges SchedulePublic WorksPage 26 of 70224
Use Category Rate Basis Base Charge
Commercial – Industrial Per 1,000 square feet 1
Low Demand2 Per 1,000 square feet $321.001 (min $3,855)
Average Demand4 Per 1,000 square feet $2,000.001 (min $3,855)
High Demand3 Per 1,000 square feet $4,571.00 (min $3,855)
Single Family Residential (SFR)5 Per Each
5+ bedrooms $5,356
4 Bedrooms $4,586
3 Bedrooms $3,855
2 Bedrooms $3,121
1 Bedrooms $2,387
Multi – Family residential (MFR)6 Per Unit
4 + Bedrooms Per Unit $4,164
3 Bedrooms Per Unit $3,429
2 Bedrooms Per Unit $2,695
1 Bedrooms Per Unit $1,926
Studio Per Unit $1,238
Bedroom Additions
2nd bedroom addition Per each $734
3rd bedroom addition Per each $734
4th bedroom addition Per each $731
5th bedroom addition Per each $770
6th bedroom addition No additional charge No additional charge
OCSD Rates effective 7/1/17
7Studio - one single room with no separating doors or opening leading to another part of the room (except for a
bathroom).
1Provided that the minimum Capital Facilities Capacity Charge for such new construction shall be $3,855.00
2 Low Demand connections are the following categories of users: Nurseries; Warehouses; Churches; Truck Terminals; RV
Parks, RV Storage Yards, Lumber/Construction Yards, Public Storage Buildings; and other facilities with restrooms, offices,
lobbies and/or areas whose flows are similar in volume to these listed categories Parking Structures not connected to the
sewer will not be charged.
3 High Demand connections are the following categories of users: Restaurants (including patios used for additional seating
capacity), Supermarkets; Car Washes; Coin Laundries; Amusement Parks; Shopping Centers with one or more Restaurants, or
Food Court; Food Processing Facilities; Textile Manufacturers; and other dischargers whose flow is similar in volume to these
listed categories.
4All other connections are Average demand users including: Hotels, Strip Malls without restaurants, Music Halls
without food facilities, Office buildings, Senior Housing with individual living units without kitchens but with a
common kitchen, and wash pads
5 Bedroom additions are considered a change of use and a CFCC must be paid. Bedrooms include enclosed loft
additions, bonus rooms that may be used as offices, workout rooms, media rooms, or libraries, or any other
additions, which could potentially be used as a bedroom. The classification of these additions will be reviewed
and determined by staff. Any detached building such as an addition over an existing garage or a new building with
the same designation as mentioned above will be considered a separate living residence (SFR).
6MFR units consist of multiple units that receive one secured property tax bill such as apartments. Senior housing
with individual living units that include a kitchen are considered MFR units.
Orange County Sanitation District (OCSD)
Capital Facilities Capacity Charge (CFCC)
FY 2017 - 2018
CITY OF HUNTINGTON BEACH
Public Works Fee Schedule
July 1, 2017 Update
Master Fee and Charges Schedule
PW‐OCSDPage 27 of 70 225
$2,317
$1,895
Meter Size & Type EDU’s Charge
3/4” 1 $2,633
1”2 $5,267
1 ½”3 $7,901
2”5 $13,170
3”11 $28,974
4” Compound 17 $44,776
4” Domestic & Turbine 33 $86,919
6” Compound 33 $86,919
6” Domestic & Turbine 67 $176,469
8” Domestic 117 $308,163
10” Domestic 183 $479,241
Residential Development
Meter size & type EDUs Charge
3/4"1 $2,700
1"2 $5,398
1 1/2"3 $8,099
2"5 $13,497
3"11 $29,693
4" Compound 17 $45,888
4" Domestic & Fire Service 33 $89,077
6" Compound 33 $89,077
6" FM 67 $180,853
8" FM 117 $315,818
10" FM 183 $493,972
Non-residential Development
Parcels less than 10,000 sq ft $60 per usable unit
Parcels 10,000 sq ft or greater $300 per acre or fraction
thereof or
$60 per usable unit
whichever is greater
WATER CAPITAL FACILIITES CHARGE Effective October 1, 2011
CITY SEWER CONNECTION FEES Effective October 1, 2017
Single Family Dwelling Unit
CITY OF HUNTINGTON BEACH
Public Works Fee Schedule
Multiple Family Dwelling Unit
Non-Residential (based on water meter size relationship to Equivalent Dwelling Unit, EDU )
Resolution 2003-52, 2012-23, Ordinance#3613-9/03
Master Fee and Charges Schedule
PW‐Water & SewerPage 28 of 70 226
PD-1 Noise disturbance response/processing$ 379 ( in addition to a fine/penalty)PD-2Clearance letter $ 34 Subpoena Fee[3]$ 15 PD-3Response to subpoena - Hourly[3]$ 24 PD-4Response to subpoena - Records [4]$ 15 PD-5Response to subpoena - Civil - (Deposit per day; actual costs)[4]$ 275 PD-6Vehicle equipment correction inspection/ Cite Sign Off (sworn)$ 20 Digital reproduction (CD-ROM)PD-7Copy of Existing Data File$ 12 PD-8Copy of Non-Existing Data File$ 26 PD-9Vehicle release $ 173 PD-10Alarm permit application review/renewal (non sworn)$ 41 PD-10.1Alarm permit application review/renewal (non sworn) - Senior Rate[9]$ 20.50 False Alarm Fee (with Permit)PD-11.11st false alarm in 12-month period (waived w/online alarm school)[4]$ 25 PD-11.22nd false alarm in 12-month period[4]$ 50 PD-123rd false alarm[4]$ 75 PD-134th false alarm[4]$ 100 PD-145th false alarm[4]$ 150 PD-156th false alarm[4]$ 300 PD-167th false alarm[4]$ 400 PD-178th false alarm in 12-month period (plus non-response status)[4]$ 500 False Alarm Fee (without Permit)PD-17.11st false alarm (waived w/permit application within 10 days)$ 250 PD-17.22nd false alarm$ 250 PD-17.33rd false alarm$ 500 PD-17.44th false alarm (plus non-response status)$ 1,000 PD-18Response [2]PD-19Records Check (non sworn)$ 26 PD-20Boot Removal (non sworn)$ 121 PD-21Vehicle Repossession Receipt (non sworn) [6]$ 15 PD-47Massage Establishment Registration Certificate (ERC) - Revocation Appeal $ 2,080 No. Police - User Fees Adopted Fee Fee DescriptionMaster Fee and Charges SchedulePolicePage 29 of 70227
No. Police - User Fees Adopted Fee Fee DescriptionPD-48Tow truck establishment - initial (sworn) [7]$ 416 PD-49Tow truck establishment - renewal (sworn)$ 104 PD-50Tow truck establishment - change of location (sworn)$ 208 PD-51Tow truck driver - initial (sworn)$ 208 PD-52Tow truck driver - renewal (sworn)$ 208 PD-53Jail Processing/Booking Fee[1]$ 275 PD-54City Jail Fee per Inmate per day (Pay to Stay)[4]$ 100 PD-55One Time Admin fee for cost of account set up of an applicant $ 50 PD-56Renting a GPS Inmate Tracking Device per 24-hour period[4]$ 10 PD-57Bicycle Impound[8], $ 20 Drug/DUI/Hazmat/Other Incident Response PD-58 * DUI - $12,000 Maximum per State lawActual Cost Hourly RatesPD-59Sworn$ 208 Non-Sworn$ 103 Jail$ 134 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]City does not collect on all booking fees.[2]For Information Purposes only; not included in cost analysis[3] CA Govt. Code 68097; CA Evidence Code 1563[4]Placeholder for Master Fee Schedule (MFS); Not included in cost analysis[6]Set by state[7]No volume - 5 yr cycle[8]CA Govt. Code 53150-35159[9]Senior discounted rate - applicant must be 62 years or older and have a combined annual adjusted gross income of all members of the household that does not exceed the HUD Income Guidelines for "Very Low Income Category"Master Fee and Charges SchedulePolicePage 30 of 70228
Fire Department - Development FeesUnderground/Aboveground Storage Tanks[7,15,18]F-1Underground Tank & piping Installation Plan Check (One Tank)$ 322 F-2Underground Tank & piping Installation Inspection (One Tank)$ 402 F-3Underground Tank Install Plan Check each additional tank$ 80 F-4Underground Tank Install Inspection each additional tank$ 322 F-5Underground Tank Removal Plan Check (One Tank)$ 161 F-6Underground Tank Removal Inspection (One Tank)$ 804 F-7Underground Tank Removal Plan Check each additional tank$ 40 F-8Underground Tank Removal Inspection each additional tank$ 161 F-9Flammable / Combustible Liquid new piping or re-pipe Plan Check$ 241 F-10Flammable / Combustible Liquid new piping or re-pipe Inspection$ 322 F-11Aboveground - Storage Tank Installation Plan Check (Per Tank)$ 482 F-12Aboveground - Storage Tank Installation Inspection (Per Tank)$ 322 F-13Aboveground - Storage Tank Removal Plan Check$ 80 F-14Aboveground - Storage Tank Removal Inspection$ 241 F-15Aboveground - Storage Tank Removal Plan Check - Each additional tank$ 40 F-16Aboveground - Storage Tank Removal Inspection - Each additional tank$ 161 Methane Barrier and Venting System[15,18]Methane Protection System Plan Check:F-17 1-2,500 sq feet $ 241 F-18each additional sq ft > 2,500 sq ft $ 0.04 F-19 Plan Recheck (hourly)$ 161 Methane Protection System Inspection (includes two risers):F-20 0 - 2,500 sq feet $ 804 F-21each additional sq ft > 2,500 sq ft $ 0.12 F-22 additional risers$ 40 F-23 each additional floor over three stories$ 40 Methane Protection SystemF-24Methane Protection System Repair Inspection - 1 - 100 sq. ft.$ 241 F-25Methane Protection System Repair Insp - each additional sq. ft. over 100 sq. ft.$ 1.21 F-26Methane Plan Check repair$ 161 No. DescriptionFire - User Fees & Charges Adopted Fee Master Fee and Charges ScheduleFire Page 31 of 70229
No. DescriptionFire - User Fees & Charges Adopted Fee Project Review and Oversight for Compliance with City Specification 429 (Methane Mitigation) or 431-92 (Soil remediation)F-27Single Family Residence / Multifamily Residential up to 5 units[13, 22]$322 Deposit; actual cost (FBHR) F-28All Other Residential, Commercial and Industrial[13, 22]$805 Deposit; actual cost (FBHR) Water Based Fire Protection Systems[7,15,18]F-29Fire Sprinkler Single family base (up to 30 heads) Plan Check $ 402 F-30Fire Sprinkler Single family base (up to 30 heads) Inspection$ 482 F-31Fire Sprinkler Multi Family Residences (up to 120 heads) Plan Check$ 643 F-32Fire Sprinkler Multi Family Residences (up to 120 heads) Inspection$ 965 F-33Fire Sprinkler Commercial/Industrial base (up to 50 heads) Plan Check$ 643 F-34Fire Sprinkler Commercial/Industrial base (up to 50 heads) Inspection$ 804 F-35Fire Sprinkler Tenant Improvement (up to 10 heads) Plan Check$ 161 F-36Fire Sprinkler Tenant Improvement (up to 10 heads) Inspection$ 241 F-37Fire Sprinkler, Per Additional Head - All Types of Buildings (plan check)$ 2 F-38Fire Sprinkler, Per Additional Head - All Types of Buildings (Inspection)$ 3 F-39Standpipe System Plan Check (Per Vertical Standpipe)$ 322 F-40Standpipe System Inspection (Per Vertical Standpipe)$ 643 F-41Fire Sprinkler, Per Additional Head Plan Check (head replacement only, no modification to piping) $ 1 F-42Fire Sprinkler, Per Additional Head Inspection (head replacement only, no modification to piping) $ 1.55 F-43Fire Protection Underground System Plan Check (includes 1 riser or hydrant)$ 482 F-44Fire Protection Underground System Inspection (includes 1 riser or hydrant)$ 643 F-45Fire Protection Underground, Per Additional Sprinkler Riser or Hydrant Plan Check $ 322 F-46Fire Protection Underground, Per Additional Sprinkler Riser or Hydrant Inspection $ 322 F-47Fire Pump Plan Check$ 643 F-48Fire Pump Inspection$ 965 Fire Alarm or Methane Detection:[7,15,18]F-49Up to 25 devices - Plan Check $ 402 F-50Up to 25 devices - Inspection$ 402 F-51Tenant Improvement (up to 5 devices) Plan Check[7]$ 156 F-52Tenant Improvement (up to 5 devices) Inspection[7]$ 233 F-53Per additional Device (new or TI) plan check$ 3 F-54Per additional Device (new or TI) inspection$ 6 Alternative Automatic Extinguishing Systems:[7,15,18]Master Fee and Charges ScheduleFire Page 32 of 70230
No. DescriptionFire - User Fees & Charges Adopted Fee F-55Dry or Wet Chemical, CO2, Halon, Clean Agent, and Other Plan Check $ 322 F-56Dry or Wet Chemical, CO2, Halon, Clean Agent, and Other Inspection$ 322 Other Fire Construction Permits:[7,15,18]F-57Industrial Oven Plan Check $ 161 F-58Industrial Oven Inspection$ 322 F-59LPG, Cryogenics, Compressed Gas, Medical Gas, Battery Storage Systems, & other Fire Construction Permit Plan Check $ 322 F-60LPG, Cryogenics, Compressed Gas, Medical Gas, Battery Storage Systems, & other Fire Construction Permit Inspection $ 402 F-61Emergency Responder Radio Coverage Plan Review & Coordination[13,15]$ 482 F-62Emergency Responder Radio Coverage Inspection & Coordination[13,18]$ 643 F-63Public School Access & Water Supply Plan Check[15]$ 322 New Street Name or Name Change Review:[15]F-64Per street name$ 161 New Construction / Remodel:NewValuation Based Fire Inspection Fees (Applicable to Building Permit):F-65 $1 to $500 $ 90 F-66 $501 to $2,000; 1st $500$ 90 F-67 $501 to $2,000; each additional $100 or fraction thereof$ 2.00 F-68 $2,001 to $25,000; 1st $2,000$ 160 F-69 $2,001 to $25,000; each additional $1,000 or fraction thereof$ 4.00 F-70 $25,001 to $50,000; 1st $25,000$ 170 F-71 $25,001 to $50,000; each additional $1,000 or fraction thereof$ 2.00 F-72 $50,001 to $100,000; 1st $50,000$ 220 F-73 $50,001 to $100,000; each additional $1,000 or fraction thereof$ 0.97 F-74 $100,001 to $500,000; 1st $100,000$ 269 F-75 $100,001 to $500,000; each additional $1,000 or fraction thereof$ 0.64 F-76 $500,001 to $1,000,000; 1st $500,000$ 526 F-77 $500,001 to $1,000,000; each additional $1,000 or fraction thereof$ 0.64 F-78 $1,000,000 and up; 1st $1,000,000$ 847 F-79 $1,000,000 and up; each additional $1,000 or fraction thereof$ 0.60 NewValuation Based Fire Plan Review Fees (Applicable to Building Permit):F-80 $1 to $500[14]$ 60 F-81 $501 to $2,000; 1st $500[14]$ 60 Master Fee and Charges ScheduleFire Page 33 of 70231
No. DescriptionFire - User Fees & Charges Adopted Fee F-82 $501 to $2,000; each additional $100 of fraction thereof$ 2.00 F-83 $2,001 to $25,000; 1st $2,000[14]$ 120 F-84 $2,001 to $25,000; each additional $1,000 or fraction thereof$ 3.18 F-85 $25,001 to $50,000; 1st $25,000[14]$ 151 F-86 $25,001 to $50,000; each additional $1,000 or fraction thereof$ 2.06 F-87 $50,001 to $100,000; 1st $50,000[14]$ 203 F-88 $50,001 to $100,000; each additional $1,000 or fraction thereof$ 1.03 F-89 $100,001 to $500,000; 1st $100,000[15]$ 254 F-90 $100,001 to $500,000; each additional $1,000 or fraction thereof$ 0.52 F-91 $500,001 to $1,000,000; 1st $500,000[15]$ 461 F-92 $500,001 to $1,000,000; each additional $1,000 or fraction thereof$ 0.51 F-93 $1,000,000 and up; 1st $1,000,000[16]$ 719 F-94 $1,000,000 and up; each additional $1,000 or fraction thereof$ 0.30 F-95Plan Review Fee Exception (Standard Production Units after model unit has been reviewed are charged at % of Fire Plan Review fee for first model unit. Changes are to be reviewed on an hourly basis)[10] 26% of Plan Review fee F-96Alternative Materials and Methods of Construction (hourly) - Minimum 1 hour review deposit required Actual cost (FBHR) The Following Notes Apply to All Fire Construction Permits:For plan and permit scanning costs, see "Document Production, Processing & Retrieval" (F-128 and F-129)Technology automation fees applies to alll development permit/plan check/inspection (F‐135)For plan review and inspection hourly charges, see "Emergency Response Charges" (F‐252)NEW OPERATIONAL PERMIT (per permit)F-97Plan Check/Application Code Review[14]$ 161 F-98Inspection[17]$ 80 FIRE/LIFE SAFETY INSPECTION[17,26]F-99Up to 750 sq. ft[27]$ 72 F-100751 - 2,500 sq. ft$ 108 F-1012,501 - 5,000 sq. ft.$ 200 F-1025,001 - 25,000 sq. ft.$ 320 F-10325,001 - 50,000 sq. ft.$ 563 F-104Over 50,000 sq. ft.$ 724 F-105Repeat inspection/inspection attempt/violation notice$ 80 Master Fee and Charges ScheduleFire Page 34 of 70232
No. DescriptionFire - User Fees & Charges Adopted Fee F-106Additional for New Occupancy/Tenant Inspection [17,26]$ 121 PETROCHEM INSPECTIONS[18,26]F-107Oil/Gas/Injection Well Abandonment Plan Check$ 482 F-108Oil/Gas/Injection Well Abandonment Inspection$ 482 F-109Oil/Gas/Injection Well Vent Inspection - per well$ 482 F-110Oil/Gas/Injection Well Activation Plan Check/Permit[7]$ 241 F-111Oil/Gas/Injection Well Activation Plan Check/Permit - per additional well[7]$ 80 F-112Oil/Gas/Injection Well Activation Inspection[7]$ 161 F-113Oil/Gas/Injection Well Activation Inspection - per additional well[7]$ 80 F-114Oil Well Gas Monitoring Inspection$ 161 F-115Existing Oil/Gas/Injection Well - Initial well$ 241 F-116Existing Oil/Gas/Injection Well Inspection - per additional well$ 40 F-117Oil Well Re-inspection - per well$ 121 STATE MANDATED INSPECTIONSF-118Convalescent / Care Facility Inspections[17,26]Actual Cost F-119Hospitals / Medical Facility Inspections[17,26]Actual Cost F-120Private School Inspections[17,26]Actual Cost High Rise Inspections[17,26]F-121 7 stories (base fees)$ 2,900 F-122 Per floor above 7 stories$ 223 Hotel, Motel & Multifamily Inspections[17,26]F-123 Up to 3 Units (base fee)$ 31 F-124 per additional unit over 3 units$ 1.33 F-125Large Family Day Care Inspections[17,26]$ 289 Fire Clearance Pre-Inspection for State LicenseF-126 1 to 25 persons (Fee Set by State) $50 or current State Fee F-127 26 or more persons (Fee Set by State) $100 or current State Fee DOCUMENT PRODUCTION, PROCESSING & RETRIEVALF-128Record Retention Fee - Each sheet of permitted drawings[10,24]$ 4.04 F-129Record Retention fee - Each Issued permit[10,24]$ 1.04 F-130Refund Processing Fee[10,24]$ 80 F-131Reactivate permit for projects expired LESS than 6 months (plus penalty)[10,24] $ 44 F-132penalty[10,24] 50% of new inspection fee Master Fee and Charges ScheduleFire Page 35 of 70233
No. DescriptionFire - User Fees & Charges Adopted Fee F-133Reactivate permit for projects expired GREATER than 6 months (plus penalty)[10,24]$ 44 F-134penalty[10,24] 100% of new inspection fee F-135Technology Automation Fee6%SPECIAL SERVICES FEES & CONDITIONS (See Conditions 1-4 below)F-136Inspection Outside of Normal Work Hours - Hourly Rate (Conditions 1, 3, 4)[1,3,4] $161/Hr, 2 Hour Minimum F-137Inspection During Normal Work Hours - Hourly Rate (Conditions 1, 2)[1,2] $ 161 F-138Plan Review Outside Normal Work Hours - Hourly Rate (Conditions 1, 3, 4)[1,3,4] $161/Hr, 2 Hour Minimum F-139Plan Review During Normal Work Hours - Hourly Rate (Conditions 1, 2)[1,2] $ 161 F-140Investigation Charge (work without a permit)[6]2X Permit Fee F-141Administrative Processing for Consultant Work$ 80 Fire - Marine Safety - User FeesJUNIOR LIFEGUARD PROGRAM FEESF-142Resident Fees Charged$ 605 F-143Non-Resident Fees Charged$ 635 F-143.3Sand Crab (resident and non-resident)$ 150 Central Net Training Center-User Fees[11]ASSEMBLY-CLASSROOM #1/ 50-100F-144Safety Rate ($0-$11,999)- per hour50$ F-14510% Reduced Rate ($12,000-$24,000)- per hour45$ F-14620% Reduced Rate ($25,000-$39,999)- per hour40$ F-14730% Reduced Rate ($40,000- Plus)- per hour35$ F-148Commercial- per hour55$ CLASSROOM #2 / 18-35F-149Safety Rate ($0-$11,999)- per hour35$ F-15010% Reduced Rate ($12,000-$24,000)- per hour30$ F-15120% Reduced Rate ($25,000-$39,999)- per hour25$ F-15230% Reduced Rate ($40,000- Plus)- per hour20$ F-153Commercial- per hour35$ CLASSROOM #4 / 42F-154Safety Rate ($0-$11,999)- per hour40$ F-15510% Reduced Rate ($12,000-$24,000)- per hour35$ Master Fee and Charges ScheduleFire Page 36 of 70234
No. DescriptionFire - User Fees & Charges Adopted Fee F-15620% Reduced Rate ($25,000-$39,999)- per hour30$ F-15730% Reduced Rate ($40,000- Plus)- per hour25$ F-158Commercial- per hour45$ CLASSROOM #5 / 22F-159Safety Rate ($0-$11,999)- per hour25$ F-16010% Reduced Rate ($12,000-$24,000)- per hour20$ F-16120% Reduced Rate ($25,000-$39,999)- per hour17$ F-16230% Reduced Rate ($40,000- Plus)- per hour15$ F-163Commercial- per hour25$ EXECUTIVE BOARDROOM / 12F-164Safety Rate ($0-$11,999)- per hour75$ F-16510% Reduced Rate ($12,000-$24,000)- per hour70$ F-16620% Reduced Rate ($25,000-$39,999)- per hour60$ F-16730% Reduced Rate ($40,000- Plus)- per hour50$ F-168Commercial- per hour90$ DRILL GROUNDS & TOWERF-169Safety Rate ($0-$11,999)- per hour75$ F-17010% Reduced Rate ($12,000-$24,000)- per hour70$ F-17120% Reduced Rate ($25,000-$39,999)- per hour60$ F-17230% Reduced Rate ($40,000- Plus)- per hour50$ F-173Commercial- per hour90$ TOWER & BURN ROOMSF-174Safety Rate ($0-$11,999)- per 1/2 day475$ F-175Safety Rate ($0-$11,999)- per full day700$ F-17610% Reduced Rate ($12,000-$24,000)- per 1/2 day425$ F-17710% Reduced Rate ($12,000-$24,000)- per full day630$ F-17820% Reduced Rate ($25,000-$39,999)- per 1/2 day370$ F-17920% Reduced Rate ($25,000-$39,999)- per full day575$ F-18030% Reduced Rate ($40,000- Plus)- per 1/2 day325$ F-18130% Reduced Rate ($40,000- Plus)- per full day500$ F-182Commercial- per 1/2 day550$ F-183Commercial- per full day835$ DRILL GROUNDSF-184Safety Rate ($0-$11,999)- per hour55$ F-18510% Reduced Rate ($12,000-$24,000)- per hour50$ F-18620% Reduced Rate ($25,000-$39,999)- per hour45$ F-18730% Reduced Rate ($40,000- Plus)- per hour30$ F-188Commercial- per hour65$ TOWER (NO BURNING)F-189Safety Rate ($0-$11,999)- per hour55$ F-19010% Reduced Rate ($12,000-$24,000)- per hour50$ F-19120% Reduced Rate ($25,000-$39,999)- per hour45$ Master Fee and Charges ScheduleFire Page 37 of 70235
No. DescriptionFire - User Fees & Charges Adopted Fee F-19230% Reduced Rate ($40,000- Plus)- per hour30$ F-193Commercial- per hour65$ DRAFTING / TEST PITF-194Safety Rate ($0-$11,999)- per hour15$ F-19510% Reduced Rate ($12,000-$24,000)- per hour13$ F-19620% Reduced Rate ($25,000-$39,999)- per hour12$ F-19730% Reduced Rate ($40,000- Plus)- per hour11$ F-198Commercial- per hour17$ FLASHOVER TRAININGF-199Safety Rate ($0-$11,999)- per burn session475$ F-20010% Reduced Rate ($12,000-$24,000)- per burn session450$ F-20120% Reduced Rate ($25,000-$39,999)- per burn session425$ F-20230% Reduced Rate ($40,000- Plus)- per burn session400$ F-203Commercial- per burn session500$ ENTIRE FACILITYF-204Safety Rate ($0-$11,999)- per hour150$ F-20510% Reduced Rate ($12,000-$24,000)- per hour130$ F-20620% Reduced Rate ($25,000-$39,999)- per hour115$ F-20730% Reduced Rate ($40,000- Plus)- per hour100$ F-208Commercial- per hour205$ ALL OUTSIDE AREAF-209Safety Rate ($0-$11,999)- per hour90$ F-21010% Reduced Rate ($12,000-$24,000)- per hour85$ F-21120% Reduced Rate ($25,000-$39,999)- per hour75$ F-21230% Reduced Rate ($40,000- Plus)- per hour65$ F-213Commercial- per hour115$ PROPANE/ FLAMMABLE PROPSF-214Safety Rate ($0-$11,999)- per burn session465$ F-21510% Reduced Rate ($12,000-$24,000)- per burn session425$ F-21620% Reduced Rate ($25,000-$39,999)- per burn session375$ F-21730% Reduced Rate ($40,000- Plus)- per burn session315$ F-218Commercial- per burn session760$ VENTILATION WOOD PROPF-219Safety Rate ($0-$11,999)- plus Material cost and clean up65$ F-22010% Reduced Rate ($12,000-$24,000)- plus Material cost and clean up65$ F-22120% Reduced Rate ($25,000-$39,999)- plus Material cost and clean up65$ F-22230% Reduced Rate ($40,000- Plus)- plus Material cost and clean up65$ F-223Commercial- plus Material cost and clean up65$ CUPA Program- Hazardous Materials Review and Inspection[12,17,26]Annual Fee by Quantity Ranges:F-2241 chemical281$ Master Fee and Charges ScheduleFire Page 38 of 70236
No. DescriptionFire - User Fees & Charges Adopted Fee F-2252-5 chemicals402$ F-2266-10 chemicals643$ F-22711-15 chemicals804$ F-22816-20 chemicals1,045$ F-22921-25 chemicals1,126$ F-23026-30 chemicals1,206$ F-23131-35 chemicals1,286$ F-23236 and above chemicals1,367$ Late fee [6]150$ Fire - EMS FeesPlaceholder for Master Fee Schedule - NBS did not evaluate[10]FALSE ALARM RESPONSE/NON-EMERGENCY SERVICE CALLS (RESIDENTIAL & COMMERCIAL)F-2331 or 2 in 12-month period (No charge 1st 2 in 12 months)[28]$ - F-2343 in 12-month period[28]$ 120 F-2354 in 12-month period[28]$ 245 F-2365 in 12-month period[28]$ 490 F-237Each additional False Alarm Response over 5 in 12-month period[28]$ 610 F-238ResponseSPECIAL/ SPECIFIC EVENTS Plan Review/ Inspection[20]F-239Up to 750 sq. ft. event area[17, 14] $ 241 F-240750 - 5,000 sq. ft. event area[17, 14] $ 482 F-2415,001 - 25,000 sq. ft. event area[18, 15]$ 322 F-24225,001 - 50,000 sq. ft. event area[18, 15]$ 1,450 F-243> 50,000 sq. ft. event area (base fee)[18, 15]$ 2,400 F-244Per 2,000 sq. ft. > 50,000 sq. ft.[18, 15]$ 80 EMERGENCY RESPONSE CHARGESF-245Accident/Incident ResponseActual Cost F-246DUI Accident ResponseActual Cost F-247Hazardous Materials Clean-upActual Cost F-248Water / Flood Pumping & Clean-upActual Cost F-249Urban Search and Rescue (USAR)Actual Cost Hourly Rates (any other services not identified elsewhere in this fee schedule will be billed at the hourly rate):F-250Paramedic Engine Company (4 person)$ 537 Master Fee and Charges ScheduleFire Page 39 of 70237
No. DescriptionFire - User Fees & Charges Adopted Fee F-251Truck Company (4 person)$ 537 F-252Fire Prevention$ 161 F-253Marine Safety$ 90 F-254Marine Safety - Seasonal/Part-Time$ 19 F-255Emergency Transport Unit (2 EMT/ Vehicle Operators)$ 279 F-256Hazmat (4 person)$ 537 F-257Fire PersonnelActual Cost F-258Consultant Fee (Final consultant fee charges based on actual per hour charges)F-259Subpoena Appearance (fee set by Court) $ 275 F-260Subpoena Request for Records (fee set by Court)$ 15 F-261California Fire Code (CFC) Maintenance Testing and Inspection Report Submittal New$12 per CFC regulated features for each submission or actual cost For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1] Condition 1 -- The payment of such fees shall be in addition to other required fees[2]Condition 2 -- When the special services is provided during normal work hours, the fee shall be based on the actual time expended, but not less than one-half (1/2) hour[3] Condition 3 -- When the special service is provided as overtime as per the employee's MOU[4]Condition 4 -- When the special service is provided as overtime on a normal day off or a typical City holiday, as defined in the City's current Memorandum of Understanding (MOUS)[5]**Note: Most of these cannot be broken down individually because they involve multiple unites/recourses, such as DUI Accident Response or Hazmat Unit Response.[6] Penalty; not included in cost analysis[7] Previous fee covered both plan check and inspection[8]Deposit for staff time, plus Consultant deposit based on consultant estimate; actual costs using FBHR and consultant costs[9] Fee is listed on HBFD fee schedule; however was not collected, therefore current revenue reflects $0 Actual Cost, Deposit based on consultant estimate (recommended) Master Fee and Charges ScheduleFire Page 40 of 70238
No. DescriptionFire - User Fees & Charges Adopted Fee [10]Emergency Medical Service fees are approved separately using transportation fees adopted by the Orange County Emergency Medical Services Agency and through research by staff for other cost-associated fees.[11]Fees not included in cost analysis; per Prop 26 - market sensitive, included in fee comparison survey; Per City - no recommended fee changes at this time.[12]1/3 of fee collected annually; therefore revenue included in cost analysis is 1/3 of total revenue (annual estimate); fee structure has been modified[13]Actual Costs - using the Fully Burdened Hourly Rates (FBHR), plus any outside consultant costs if applicable[14] Includes 2 plan reviews; additional plan checks will be billed at the adopted hourly rate[15] Includes 3 plan reviews; additional plan checks will be billed at the adopted hourly rate[16] Includes 4 plan reviews; additional plan checks will be billed at the adopted hourly rate[17]Includes up to 2 inspections or violation notices. Additional actions may be billed as a "Repeat inspection/inspection attempt/violation notice"[18] Includes up to 3 inspections; additional inspections may be billed at the adopted hourly rate[19][20]One temporary operational permit included. Each additional operational permit is billed at the adopted rates.[21]Current Fee Amount assumed at 50% Plan Check and 50% Inspection. Current practice does not delineate between PC and Insp fee amounts.[22] Review time exceeding initial hours assumed for establishing deposit is billed at hourly rate[23] Fire/Life Safety Inspection Fees based on square footage also apply[24] Staff recommend fee consistent with Building department[25] Technology Automation fee added to all development, permit and prevention related fees.[26]Includes fire and life safety inspection for common and commercial areas. If the structure meets the definition of "high rise," the "high rise" fee applies in lieu of this fee.[27]Multi-tenant commercial/industrial inspection is conducted for common fire features that are the responsibility of the building complex, mall owner or management company including egress, sprinklers, alarms, private fire hydrants, and emergency access.[28]False alarms include (1) system or detector malfunction, including improper performance of fire alarm system that is not a result of a proper system response to environmental stimuli such as smoke or high heat conditions; and (2) unintentional system or detector operation (no fire), includes tripping an interior device unintentionally. Non-emergency service calls include (1) lock-ins (non-emergency), (2) smoke or odor removal (no fire), (3) removal of a victim from a stalled elevator that has known mechanical issues; (4) other abuses of Fire Department services for repeat non-emergency conditions (excludes medical).Master Fee and Charges ScheduleFire Page 41 of 70239
Library Card FeesL-1Replacement Card $ 5 L-2Replacement Card - Children's $ 5 Material processing fees and Media Rental ChargesThe Director of Library Services has the authority to waive fines and penalties, up to $25. Late Library material processing:L-3Children's Overdue Book fines$.15 - $3.00 L-4Regular Overdue Book fines$.25 - $5.00 L-5Media Fines$.15 - cost of item Processing Fees:L-6Processing Fee (for lost materials) $ 5 L-7Processing Fee (for damaged materials) $ 5 L-8Processing Fee (for replacement materials) $ 5 Damaged Materials Fees:L-9Damaged Audiobook CD $ 15 L-10Damaged Audiobook case $ 10 L-11Damaged music CD case $ 1 L-12Damaged DVD/Video case $ 2 L-13Damaged Radio Frequency ID tag $ 2 L-14Damaged Chromebook $ - L-15Actual Replacement Cost actual cost Reserve Request Fees:L-16Interlibrary loan request - book $ 6 L-17Interlibrary loan request - microfilm $ 6 Facility Rental Charges (per hour unless otherwise noted)[1]Please see rate sheet for specific facility rental ratesL-21Includes: Central Library, Main St. room rentals, Theater rentals[3]15% increase Small Study Room Rentals$ 5 Cleaning/Security Deposit L-22Theaters, Rooms C&D combined, Talbert Room $ 500 L-23Maddy, B, C, D, E Rooms $ 300 L-24Technician Fee for Theater per hour $ 40 Library - User FeesNo. Description Adopted Fee Master Fee and Charges ScheduleLibraryPage 42 of 70240
Library - User FeesNo. Description Adopted Fee Alcohol Use/Liability insuranceL-25Under 100 persons in attendanceL-26Over 100 persons in attendanceL-27Setup/Takedown Charge (charged in addition to room rental rate) $ 85 L-28Setup/Takedown Charge Rooms C&D (mandatory; charged in addition to room rental rates)) $ 150 L-29Cleaning Services (hourly) $ 65 Reservations and Cancellations PolicyL-30Standard Cancellation Fee (plus 10% of total room rental x number of months reservation held) $ 50 L-31Less than 20 days (Penalty) Entire Rental Charge L-32Date Change $ 30 L-33Security staff ‐ minimum of 1 for up to 100 people (City requirement) ‐ per hour $ 30 HOURLY RATEsL-34Full-time$ 118 L-35Part-time $ 30 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Charges for use of City Facilities may be waived for City sponsored and Co-sponsored programs & events[3]Facility Rentals - not included in cost analysis; market based; no change in rates recommended; Revenues sourced from FY 14 Trial BalanceMaster Fee and Charges ScheduleLibraryPage 43 of 70241
Adopted Charges
B Room Non Profit (501c3) - Residential 50.00$
Non Profit (501c3) - Non Residential 60.00$
Business/private - Residential 80.00$
Business - Non Residential 90.00$
Balboa Room Non Profit (501c3) - Residential 50.00$
Non Profit (501c3) - Non Residential 60.00$
Business/private - Residential 80.00$
Business - Non Residential 90.00$
C Room (piano) Non Profit (501c3) - Residential 85.00$
Non Profit (501c3) - Non Residential 95.00$
Business/private - Residential 120.00$
Business - Non Residential 135.00$
D Room Non Profit (501c3) - Residential 85.00$
Non Profit (501c3) - Non Residential 95.00$
Business/private - Residential 120.00$
Business - Non Residential 135.00$
C/D Room Non Profit (501c3) - Residential 145.00$
Non Profit (501c3) - Non Residential 175.00$
Business/private - Residential 210.00$
Business - Non Residential 240.00$
C/D Room
flat rate package Non Profit (501c3) - Residential 800.00$
8 hour maximum Non Profit (501c3) - Non Residential 945.00$
Business/private - Residential 1,155.00$
Business - Non Residential 1,315.00$
E Room Non Profit (501c3) - Residential 50.00$
Non Profit (501c3) - Non Residential 60.00$
Business/private - Residential 70.00$
Business - Non Residential 80.00$
Maddy Room Non Profit (501c3) - Residential 60.00$
Non Profit (501c3) - Non Residential 80.00$
Business/private - Residential 95.00$
Business - Non Residential 110.00$
Talbert Room Non Profit (501c3) - Residential 95.00$
Library - Charges
Central Library Theater and Meeting Room Rental Charges
Master Fee and Charges Schedule
Library‐ChargesPage 44 of 70 242
Adopted Charges
Library - Charges
Central Library Theater and Meeting Room Rental Charges
Non Profit (501c3) - Non Residential 105.00$
Business/private - Residential 145.00$
Business - Non Residential 155.00$
Library Theater Non Profit (501c3) - Residential 120.00$
Monday-Thursday Non Profit (501c3) - Non Residential 150.00$
Business/private - Residential 220.00$
Business - Non Residential 240.00$
Library Theater Non Profit (501c3) - Residential 150.00$
Friday,Saturday,Sunday Non Profit (501c3) - Non Residential 185.00$
Business/private - Residential 335.00$
Business - Non Residential 365.00$
Tabby Theater Non Profit (501c3) - Residential 80.00$
Non Profit (501c3) - Non Residential 100.00$
Business/private - Residential 170.00$
Business - Non Residential 200.00$
Master Fee and Charges Schedule
Library‐ChargesPage 45 of 70 243
CS-28 Specific Events[1]Application FeeUnder 2,000 Estimated Overall Attendance $ 225.00 Over 2,000 Estimated Overall Attendance $ 450.00 Other Department Staff ChargesAs Applicable CS-29 Special Events[1]Application Fee$ 110.00 Other Department Staff ChargesAs Applicable Hourly Rate:Community Services$ 112 For services requested of City staff which have no fee listed in this fee schedule, the City Manager or the City Manager's designee shall determine the appropriate fee based on the established hourly rates for this department/division. Additionally, the City will pass-through to the applicant any discrete costs incurred from the use of external service providers if required to process the specific application.Notes[1]Fees for City Sponsored or Co-Sponsored programs & events may be waived per Resolution 2014-16Community Services - User FeesNo. Description Adopted Fee Master Fee and Charges ScheduleCommunity ServicesPage 46 of 70244
FACILITIESGroup I = Community Services Sponsored ActivityGroup II = Community Services Co-Sponsored ActivityGroup III = Civic and Nonprofit OrganizationsGroup IV = Residents or misc. HB Groups (2-hr min)Group V = Non-Residents (2-hr. min)Group VI = Commercial, Business, For Profit (2-hr min)Facility Reservation Change/Cancellation Fee $10.00After Business Hours (hourly rate) Additional $25.00/hourAlcohol Filing Fee$5.00Edison/Murdy Community Centers (hourly)Hall AGroup I & II N/AGroup III $55.00Group IV $65.00Group V $95.00Group VI $125.00Hall BGroup I & II N/AGroup III $40.00Group IV $45.00Group V $65.00Group VI $80.00Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesMaster Fee and Charges ScheduleCommunity Services‐Charges Page 47 of 70245
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesHall C & DGroup I & II N/AGroup III $40.00Group IV $45.00Group V $65.00Group VI $80.00StudioGroup I & II N/AGroup III $40.00Group IV $45.00Group V $65.00Group VI $80.00Hall A & BGroup I & II N/AGroup III $75.00Group IV $90.00Group V $140.00Group VI $175.00Hall A, B, C & DGroup I & II N/AGroup III $95.00Group IV $120.00Group V $175.00Group VI $235.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 48 of 70246
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesAll Halls & Game RoomGroup I & II N/AGroup III $105.00Group IV $130.00Group V $190.00Group VI $270.00Kitchen$10/hourPicnic Shelters (full day)Edison Community CenterNonprofit/Resident $50.00Nonresident $75.00Commercial $100.00Murdy Community CenterNonprofit/Resident $100.00 - $200.00Nonresident $150.00 - $300.00Commercial $175.00 - $350.00City Gym & Pool (hourly):Gym & Lockers (1-40)Group I & II N/AGroup III $50.00Group IV $60.00Group V $85.00Group VI $115.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 49 of 70247
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesGym & Lockers 41+Group I & II N/AGroup III $65.00Group IV $75.00Group V $110.00Group VI $145.00Pool & Lockers (1-25)Group I & II N/AGroup III $60.00Group IV $70.00Group V $100.00Group VI $135.00Room AGroup I & II N/AGroup III $35.00Group IV $40.00Group V $55.00Group VI $70.00Room BGroup I & II N/AGroup III $40.00Group IV $45.00Group V $65.00Group VI $80.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 50 of 70248
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesGame RoomGroup I & II N/AGroup III $35.00Group IV $40.00Group V $55.00Group VI $70.00Conference RoomGroup I & II N/AGroup III $20.00Group IV $25.00Group V $35.00Group VI $40.00Gym, Lockers (1-40), & 1 Room Group I & II N/AGroup III $60.00Group IV $75.00Group V $110.00Group VI $145.00Gym, Lockers (41+), & 1 Room Group I & II N/AGroup III $75.00Group IV $90.00Group V $135.00Group; VI $175.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 51 of 70249
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesPool, Lockers (1-25),& 1 RoomGroup I & II N/AGroup III $70.00Group IV $85.00Group V $130.00Group VI $165.00Gym, Pool, Game Room, Rooms A & B, & Lockers (1-25)Group I & II N/AGroup III $90.00Group IV $135.00Group V $195.00Group VI $270.00Gym, Pool, Game Room, Rooms A & B, & Lockers (26+)Group I & II N/AGroup III $105.00Group IV $150.00Group V $230.00Group VI $305.00Kitchen$10/hourPool Lifeguard $15.00/hourMaster Fee and Charges ScheduleCommunity Services‐Charges Page 52 of 70250
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesRodgers Senior Center (hourly):Main Hall (A & B) Group I & II N/AGroup III $50.00Hall AGroup I & II N/AGroup III $35.00Hall BGroup I & II N/AGroup III $30.00Hall CGroup I & II N/AGroup III $25.00Hall DGroup I & II N/AGroup III $25.00Hall EGroup I & II N/AGroup III $25.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 53 of 70251
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesSenior Outreach Center (hourly):Conference Room I & IIGroup I & II N/AGroup III $25.00Senior Center in Central Park (hourly except as noted below)Parkview Room, Stage & Patio included**6 hour minimum rental: Fri. after 3 pm, Sat. & Sun. all dayGroup I & II N/AGroup III $130.00Group IV $180.00Group V $210.00Group VI $280.00Parkview Room South, stage includedGroup I & II N/AGroup III $80.00Group IV $100.00Group V $120.00Group VI $160.00Parkview Room North, patio includedGroup I & II N/AGroup III $80.00Group IV $100.00Group V $120.00Group VI $160.00Note: Parkview Rooms available separately Mon-Thurs, Friday until 3:00 pmMaster Fee and Charges ScheduleCommunity Services‐Charges Page 54 of 70252
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesEdinger Medical Group -- Room 1Group I & II N/AGroup III $50.00Group IV $70.00Group V $80.00Group VI $100.00Edinger Medical Group -Room 2Group I & II N/AGroup III $40.00Group IV $60.00Group V $70.00Group VI $90.00Game RoomGroup I & II N/AGroup III $50.00Group IV $70.00Group V $80.00Group VI $100.00Dance RoomGroup I & II N/AGroup III $50.00Group IV $70.00Group V $80.00Group VI $100.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 55 of 70253
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesGroup Exercise RoomGroup I & II N/AGroup III $50.00Group IV $70.00Group V $80.00Group VI $100.00Kitchen (vendor use with room rental only)Group I & II N/AGroup III $20.00 < 4 hours $100 flat fee > 4 hoursGroup IV $20.00 < 4 hours $100 flat fee > 4 hoursGroup V $20.00 < 4 hours $150 flat fee > 4 hoursGroup VI $20.00 < 4 hours $150 flat fee > 4 hoursAdditional ChargesRoom Rental with alcohol Additional $20.00 per hour(not available for Dance Room or Group Exercise Room)Reduction for Group III Reduce 50% Mon - Thurs, 8:00 am to 10:00 pm; based on availabilityAdditional Hourly Staffing:Monday - Thursday, after 5:00 pm$25.00Friday after 3:00 pm, Saturdays & Sundays $35.00Room Rental Security Deposit (varies depending on room & event type)$100.00 - $1,000.00Set-up & Cleaning Charge$25.00 - $250 flat feeEvent Accessories$10.00 - $300.00 per useMaster Fee and Charges ScheduleCommunity Services‐Charges Page 56 of 70254
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesWedding Package #1 (ceremony + reception)$3,000.00 flat feeWedding Package #2 (reception only)$1,900.00 flat feeWedding Package #3 (outdoor lawn/patio ceremony)$600.00 flat feeArt Center (hourly):Multi-Purpose Room (hourly)Group I & II N/AAll Others $70/hourMulti-Purpose Room with Alcohol (additional hourly amount)Hourly Rate + $10.00/hourTechnical assistance/Security during closed hours$15.00/hourGalleries - Dinner Event $150.00/hour (5 hour min)Galleries - Wedding Reception $3,000.00 (8 hour max)Kitchen - Per Month$500.00Kitchen - Per Day$100.00Newland Barn (hourly):Group I & IIN/AGroup III$45.00Group IV$75.00Group V$95.00Group VI$120.00Newland Barn with Alcohol (additional hourly amount)Hourly Rate + $10.00/hourLake View Clubhouse (hourly):Group I & II N/AGroup III $20.00Group IV $25.00Group V $45.00Group VI $55.00Lake View Clubhouse with Alcohol (additional hourly amount)Hourly Rate + $10.00/hourMaster Fee and Charges ScheduleCommunity Services‐Charges Page 57 of 70255
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesLake Park/Harbour View Clubhouse (hourly): Group I & II No ChargeGroup III $35.00Group IV $40.00Group V $65.00Group VI $85.00Lake Park/Harbour View Clubhouse with Alcohol (additional hourly amount)Hourly Rate + $10.00/hourLake Park BBQ Facility $175.00 (nonprofit/resident)$275.00 (nonresident)$375.00 (commercial)Sports Complex - Team Room (daily)Group I & II N/AGroup III $20.00Group IV $25.00Group V $35.00Group VI $40.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 58 of 70256
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesHuntington Central ParkPicnic Shelter (daily rate)Nonprofit/Resident$250.00Nonresident$385.00Commercial$500.00Amphitheater (daily rate)Nonprofit/City Sponsored$150.00Park Site ReservationNonprofit/Resident$75.00 per dayNonresident$150.00 per dayCommercial $250.00/day OR $100.00/day + 10% gross revenue -- whichever is greater Band Stand Nonprofit/City Sponsored$175.00 (daily rate)Nonresident$250.00/day Commercial$350.00/day Youth Group Camping - Per Person/Per Night$4.00Jumper/ Bounce House/ Trailer with mounted Merry-Go-Round Permit$25.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 59 of 70257
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesCourts and Fields Rentals (hourly)Edison/Murdy Tennis/Racquetball Court Reservations$4.00/hour + tournament feesField/Practice Lights: Hope View$15.00Soccer/Softball/Artificial Turf Fields (Edison, Murdy, Worthy, Greer, Sports Complex, Lamb - hourly)Field without Lights:Adult/Youth $25.00Nonprofit Youth or Organized 55+ Seniors $15.00Field with Lights/Arena Field:Adult/Youth $35.00Nonprofit Youth or Organized 55+ Seniors $25.00After Business Hours (hourly rates) $20.00/per hourSoftball/Baseball Field Preparation Charge $25.00/field/per preparationSports Complex - Batting CagesOne Token$1.00Six Tokens$5.0030 minutes$15.00Adventure Playground Residents$4.00/personNon-Residents/Groups$4.00/personAdults/ChaperonesNo ChargeMaster Fee and Charges ScheduleCommunity Services‐Charges Page 60 of 70258
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesCOMMUNITY SERVICES PROGRAMSAdult Sports ProgramsSlo-Pitch Softball (per team)$420.00 (+$25.00 if late)Senior Softball (per team)$200.00Adult Soccer (per team)$400.00Tournaments10% of gross receipts + rental feesYouth Sports Programs/per participant:Basketball$60.00Summer Basketball$60.00Shooting Stars Basketball$60.00Flag Football$60.00Baseball$60.00Volleyball$60.00Jr. Baseball/Softball, Basketball, Football$60.00Pee Wee Soccer, Basketball, T-Ball$60.00Recreation/Human Services Events (per person):Pier Swim/with Shirt (pre-registration)$25.00Pier Swim/no Shirt (day of event)$25.00Rose Parade Excursion$110.00Surf Contest$40.00Family Camp Out $18.00/Space + $12.00/participantCamp HB$175.00Community Center Events$5.00 - $100.00Project Self-Sufficiency Special Events & Mixers$25.00 - $75.00Senior Center Dances & Events$5.00 - $50.00Instructional ClassesInstructional Classes - Processing Fee$6.00 maximumMaster Fee and Charges ScheduleCommunity Services‐Charges Page 61 of 70259
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesSands Community Services Guide AdvertisingBack Cover (full color) $3,500.00Inside Front Cover $3,200.00Inside Back Cover (full color) $2,800.00Full Interior (Two Color) $2,000.001/2 page (full color) $1,200.001/4 page (full color) $800.001/2 page (B & W, Horizontal) $800.001/4 page (B & W, Vertical) $500.00Aquatics Classes$85.00/session (maximum)Senior Citizen Swim$2.00Fitness Center Annual Membership (Senior Center in Central Park)Ages 50-79 $120.00Ages 80 + $80.00Art Center (per person):Memberships Friends/Family $60.00Student/Senior $40.00Supporter $150.00Sustaining $300.00Director's Circle $1,000.00Admission to EventsGeneral $15.00 - $150.00Members Discount varies by eventArt Camp for Kids$160.00 - $300.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 62 of 70260
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesFourth of July CelebrationParade Entry Application$300.00 - $2,500Non-Judged Exempt (marching bands, drum & bugle corps, mounted equestrianExemptParade/Fireworks Bleacher Seats $10.00 - $30.00Pier Plaza Festival Vendor Booths $500 to $2,000Official 4th of July Merchandise$5.00 - $40.00Surf City RunKids $15.00 - $30.00Residents, Open & Stroller $32.00 -$50.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 63 of 70261
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesSpecific EventsDay Use Charges (Daily)Resident Nonprofit (501c3)$650.00Non Resident - Non Profit (501c3)$1,000.00Commercial$1,350.00Set-up/Take Down Charges (Daily)Resident Non Profit (501c3) $ 325.00 Non Resident - Non Profit (501c3) $ 500.00 Commercial $ 675.00 Mobile Stage Rental (transferred from Resolution 2014-16 schedule)$700.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 64 of 70262
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesSpecial EventsDay Use Charges (Daily)Resident Non Profit (501c3)$375.00Non Resident - Non Profit (501c3)$425.00Resident$400.00Non Resident$500.00Commercial$550.00Set-up/Take Down Charges (Daily)Resident Non Profit (501c3)$187.00Non Resident - Non Profit (501c3)$212.00Resident$200.00Non Resident$250.00Commercial$275.00Modified Day Use Charges Minimum Hours/Use$325.00less than 3 hours with 20-50 participants that do not require any set-up and do not require additional staff time or city services. These events should not impact the beach public in any way.Minimum Participants No Chargeless than 20 participants with no professional contracted services associated with event. These events do not require any set-up and do not require additional stafftime or city services. These events should not impact the beach public in any way.Master Fee and Charges ScheduleCommunity Services‐Charges Page 65 of 70263
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesPARKING RATESSouth Beach Attended Lots - Daily RatesAuto, pickup truck, motorcycle$15.00/dayAutos with disabled person (DP ) placard$10.00Bus - 24 passengers or less$50.00/dayBus - 25 passengers or more$100.00/dayVehicles over 20 ft in length, including overhangs $15.00 per occupied space*Vehicles over 20 ft in length, inc overhangs, with disabled person (DP) placard $10.00 per occupied space*Fourth of July (flat rate) $30 for July 4th, plus $25.00 flat rate for each of two additional days immediately preceeding and/or following July 4th as selected by the Director of Community ServicesAir Show (daily flat rate)$30.00 until 5:00 pm* Example: Three (3) occupied spaces x $15 per space = $45.00.Event Parking - Beach Lots (permitted events)*Peak Season - Memorial Day weekend through Labor Day Weekend$15/dayNon-Peak Season - After Labor Day through October 31$10/dayNon-Peak Season - March 1 until Memorial Day Weekend$10/dayOff Season - November through the end of February$7/day* Available only to Specific Event organizers for permitted events that take place annually and when participants will park in beach lots at full day rate.Master Fee and Charges ScheduleCommunity Services‐Charges Page 66 of 70264
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesBeach Service Road Permit, Vendor PermitBeach Service Road Permit, Vendor Permit$10.00/year Beach Service Road Replacement Pass$5.00Resident Meter PassResident Meter Pass - up to 4 max per dwelling unit$10.00/yearResident Meter Replacement Pass$5.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 67 of 70265
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesAnnual Beach Parking Pass (Valid at Main Promenade & city beach)Vehicles under 20 ft, including overhangsGeneral $150.00Senior (62+) (one pass per person)$75.00Disabled Person (DP) Placard $75.00Veterans (with proper identification)$125.00Oversize Vehicles, up to 40 feet total length$300.00Annual Beach Parking Replacement Pass$10.00Surf Class Parking Pass $5.00/Semester(Students must furnish proof of school enrollment for the current semester) - pass is valid only during class/practice times and location as indicated on the permit submitted by the authorized school representative.Sunset Vista Camping Facility (Daily Rates)Winter Camping (October 1 - May 31) Recreational Vehicle (RV) plus auto$70.00/daySenior (62+)$60.00/dayWith Disabled Person (DP) Placard$60.00/dayReservation Fee $10.00Reservation Cancellation Fee $25.00(for cancellations less than 30 days)Recreational Vehicle (RV) Event Camping Three-Day Air Show Pass(BY RESERVATION ONLY) Up to $1,600 (3 or 4 day pass)(Valid Thursday of the Air Show after 10 am through Monday,10 am following completion of the Air Show)Master Fee and Charges ScheduleCommunity Services‐Charges Page 68 of 70266
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesParking LotsBlufftop Hourly Rate$2.00Dog Beach Hourly Rate$2.00First and Atlanta Hourly Rate$2.00First and Walnut Hourly Rate$2.00Pier Plaza Parking Hourly Rate$2.00Fourth of July (flat rate) $25.00 per occupied spaceSports Complex Day Use$1.00Season Parking Pass$10.00Annual Parking Pass (3 seasons)$30.00Vehicles over 20 feet, including overhangs, Day Use$10.00Warner Hourly Rate$2.00Main Promenade Parking StructureDaily Rates:First 30 minutesNo ChargeUp to Two Hours (includes first 30 minutes)$1.00/HourAfter Two Hours $1.00 / Each 20 MinutesEvening Rate: (After 9:00 pm)Prevailing Hrly Rate or $5.00(staff discretion)Maximum Daily Rate - Non-Peak $15.00Maximum Daily Rate - Peak (Memorial Day - Labor Day)$17.00Maximum Daily Rate - Holidays and Special Events $20.00Customer Validation/hour (Max two validations per ticket)$0.50/hourEmployee Pass$20.00/monthEmployee Daily Stamped Validation$2.00/dayMain Promenade Parking Structure (4th of July Only)$30.00Master Fee and Charges ScheduleCommunity Services‐Charges Page 69 of 70267
Community Services -- Facility Rentals and Recreational Services Charges [1]DescriptionAdopted ChargesMain Promenade Parking Structure (two additional days immediately preceding and/or following July 4th as selected by the Director of Community Services)First 30 minutesNo ChargeUp to Two Hours (includes first 30 minutes)$2.00/HourAfter Two Hours $2.00 / Each 20 MinutesMaximum Daily Rate$27.00Evening Rate: (After 9:00 pm)Prevailing Hrly Rate or $10.00(staff discretion)Main Promenade Parking Structure (Three-Day Air Show Event)First 30 minutesNo ChargeUp to Two Hours (includes first 30 minutes)$2.00/HourAfter Two Hours $2.00 / Each 20 MinutesMaximum Daily Special Event Rate$30.00Evening Rate: (After 9:00 pm) (Prevailing Hourly Rate or $10.00)(staff discretion)Notes:[1] Charges for City sponsored or co‐sponsored programs & events may be waived per Resolution 2014‐15Master Fee and Charges ScheduleCommunity Services‐Charges Page 70 of 70268
City of Huntington Beach
File #:19-1110 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Tom Herbel PE, Acting Director of Public Works
Subject:
Adopt Resolution No. 2019-76 approving the annual Measure M2 Expenditure Report for the
City of Huntington Beach
Statement of Issue:
In compliance with Renewed Measure M2 funding eligibility, the City is required to adopt a resolution
approving the annual Measure M2 Expenditure Report and submit the report and resolution to the
Orange County Transportation Authority (OCTA).
Financial Impact:
No additional funding is required for the resolution. Annual M2 Turnback allocation is
approximately $3.35 million.
Recommended Action:
Adopt Resolution No. 2019-76, "A Resolution of the City Council of the City of Huntington Beach
Concerning the M2 Expenditure Report for the City of Huntington Beach."
Alternative Action(s):
Do not adopt the Resolution and forego Measure M2 funding eligibility. This action would result in the
loss of approximately $3.35 million for the current fiscal year and potential grant funding for street
improvements.
Analysis:
Renewed Measure M2 is the one-half cent sales tax approved by the Orange County voters in
November 2006 for countywide transportation improvements. The multibillion dollar program, which
is administered by OCTA, extends the original Measure M (1991-2011) program for another 30 years.
All Orange County eligible jurisdictions receive a percentage of the sales tax revenue based on
population, Master Plan of Arterial Highways centerline miles and share of countywide taxable sales.
These funds can be used for local projects, as well as ongoing maintenance of local streets.
There are no competitive criteria to meet, but there are administrative requirements to maintain
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File #:19-1110 MEETING DATE:11/18/2019
eligibility to receive funding. A key requirement is to adopt the Measure M2 Expenditure Report each
year within six-months of the end of the local jurisdiction’s fiscal year and submit a resolution of
adoption and final report to OCTA. The City of Huntington Beach Measure M2 Report for fiscal year
2018-19 complies with this requirement. The report accounts for all M2 revenues, developer/traffic
impact fees and funds expended by the City towards street improvements, rehabilitation and
maintenance.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Attachment(s):
1. Resolution No. 2019-76, "A Resolution of the City Council of the City of Huntington Beach
Concerning the M2 Expenditure Report for the City of Huntington Beach."
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City of Huntington Beach
File #:19-1140 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Travis K. Hopkins, Acting Assistant City Manager
Subject:
Adopt Ordinance No. 4200 amending Huntington Beach Municipal Code Section 2.76.010 to
add the Classification of Director of Organizational Learning & Engagement
Approved for introduction 11-04-2019 - Vote: 6-0-1 (Peterson absent)
Statement of Issue:
City Council approval is requested to adopt Ordinance No. 4200 amending Section 2.76.010 of the
Huntington Beach Municipal Code to add the classification of Director of Organizational Learning and
Engagement as an at-will position. Exhibit 1 to Resolution No. 2019-78 modifies the Non-Associated
Salary Schedule to establish the classification and compensation of the Director of Organizational
Learning & Engagement, amends the compensation for the City Manager, and at Council direction on
November 4, 2019, removes the positions of the Director of Human Resources, Director of Building
and Safety, and Director of Economic Development.
Financial Impact:
This request has a net neutral budget impact. The Human Resources Department will report to the
City Manager’s Office leaving vacant the Director of Human Resources position. The costs for the
new Director of Organizational Learning & Engagement will be neutral to the organization by
exchanging for the Human Resources Director position. This Action does not increase the City’s
Table of Organization.
Recommended Action:
Adopt Ordinance No. 4200,” An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From the
Competitive Service” by adding the Director of Organization Learning & Engagement.
Alternative Action(s):
Do not adopt the ordinance and provide alternate direction.
Analysis:
The City of Huntington Beach has had recent retirement of the Human Resources Director providing
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an opportunity for reorganization of the Human Resources Department and the City Manager Office.
In order to provide improved direct support for the Human Resources Department the Department
will now report to the City Manager’s Office. The cost for the new position will be neutral to the
organization by exchanging the Human Resources Director position for the new Director of
Organizational Learning and Engagement. This adjustment will provide a focus on change
management, succession planning, organizational training, employee development and other
associated duties.
This position is a department head reporting directly to the City Manager, responsible for
organizational development, management and research programs. This position will provide support
to the 13 Departments and over 1,500 full and part-time employees in the development, coordination,
and implementation of organizational development and change initiatives that assure city workforce
is prepared to meet or exceed performance goals.
Marie Knight has more than three decades of experience in municipal government currently serving
as the Director of Community Services for Huntington Beach. Prior to her current position, she has
served as the Director of Parks and Recreation for the City of Long Beach and the Director of
Community Services for the Cities of Orange and Newport Beach. For the past 20 years Marie has
been a speaker and trainer on a local, state and national level in her profession assisting a variety of
municipal agencies, non-profit organizations and the State California Parks and Recreation Society in
areas such as customer service, employee development, leadership and change management.
The City Manager Recommends City Council approval to appoint Marie Knight to the position of
Director of Organizational Learning & Engagement effective November 4th, 2019. The contractual
compensation is at Non-Associated/Executive Management Pay Grade No. 0012 End Point. The
annual salary is $192,316.
In order to comply with CalPERS requirements, the proposed Non-Associated Executive
Management Salary Schedule was also updated to reflect the City Manager compensation approved
by the City Council on August 5, 2019.
Environmental Status:
N/A
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Ordinance No. 4200, “An Ordinance of the City of Huntington Beach Amending the Huntington
Beach Municipal Code by Amending Section 2.76.010 Thereof Related to Exclusions From
the Competitive Service” by adding the Director of Organization Learning & Engagement
2. Resolution No 2019-78, “A Resolution of the City Council of the City of Huntington Beach
Modifying Salary and Benefits for Non-Represented Employees By Adding the Director
Organizational Learning & Engagement and Establishing Compensation Amending the
Compensation for the City Manager”
3. Exhibit 1 to Resolution 2019-78 - Modified Non-Associated Executive Management Salary
Schedule (w/Council-directed revisions made on November 4, 2019)
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File #:19-1140 MEETING DATE:11/18/2019
4. Employment Agreement between The City of Huntington Beach and Marie Knight
5. Job Classification Specification - Director of Organizational Leadership and Engagement
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Pay Starting Control High
Grade Point Point Point
0591 City Manager NA0591 Per Contract 125.00 128.29
0029 Interim City Manager NA0029 NA NA 122.68
0592 Assistant City Manager NA0592 85.82 95.51 106.32
0014 Director of Community Services NA0014 74.64 83.07 92.46
0479 Chief Information Officer NA0479 74.64 83.07 92.46
0007 Director of Library Services NA0007 69.94 77.85 86.66
0589 Community Development Director NA0589 80.82 89.97 100.13
0010 Director of Public Works NA0010 80.82 89.97 100.13
0518 Chief Financial Officer NA0518 80.82 89.97 100.13
0015 Fire Chief NA0015 85.82 95.51 106.31
0011 Police Chief NA0011 85.82 95.52 106.31
0012
Director of Organizational Learning &
Engagement NA0012 74.64 83.07 92.46
0016 City Attorney NA0016 100.18 111.51 124.10
0017 City Clerk NA0017 69.94 77.85 86.66
0018 City Treasurer - PART-TIME NA0018 69.94 77.85 86.66
Pay
Grade
0593 Chief Assistant City Attorney NA0593 74.64 78.75 83.07 87.64 92.46
0699 Deputy Community Prosecutor NA0699 43.20 45.58 48.08 50.73 53.52
0840 Deputy Director of Community Dev NA0840 66.54 70.21 74.07 78.14 82.44
0650 Assistant Chief of Police NA0650 78.70 83.03 87.60 92.41 97.50
0900 Assistant Chief Financial Officer NA0900 66.54 70.21 74.07 78.14 82.44
ELECTED OFFICIALS
ELECTED OFFICIALS PART-TIME
CONTRACT NON-DEPARTMENT HEAD
D E
*Per Resolution 2019-78 adopted on 11/04/19 the compensation of City Manager was modified, the Director of Organizational Learning &
Engagement was added, and the positions of the Director of Human Resources, Director of Building & Safety and Director of Economic
Development were deleted.
EXHIBIT 1
NON-ASSOCIATED EXECUTIVE MANAGEMENT SALARY SCHEDULE
EFFECTIVE NOVEMBER 04, 2019
Job No.Description
Job No.Description A B C
EXECUTIVE MANAGEMENT
DEPARTMENT HEADS
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287
288
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CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
Page 1 of 4
JOB CODE:0012
EMPLOYMENT STATUS: REGULAR FULL-TIME
UNIT REPRESENTATION: NON-ASSOCIATED
FLSA STATUS:EXEMPT
DUTIES SUMMARY
The fundamental reason for the existence of this classification is to provide
organizational development, communication and research services that meet the
identified needs of individual department and citywide change efforts and goals. Areas
of responsibility include process mapping, research, training, and succession planning,
to obtain optimum efficiency and economy of operations.
DISTINGUISHING CHARACTERISTICS
This position is a Department Head reporting directly to the City Manager, responsible
for organizational development, management and research programs. Incumbent must
exercise considerable independence of action and judgement in performing duties,
which involve the development, coordination, and implementation of organizational
development and change initiatives that assure city workforce is prepared to meet or
exceed performance goals.
EXAMPLES OF ESSENTIAL DUTIES
Plans, develops and implements organization policies and goals; conducts related
research and needs analysis studies which result in recommendations and
implementation of appropriate action to assure organizational effectiveness; oversees
and coordinates the managed competition(?), process mapping and improvements
programs; develops methods/vehicles for improving internal communications; serves as
internal consultant with line management to provide customized solutions for various
departments; compiles data and analyzes past and current year performance trends to
prepare budgets and justify funds requested; formulates training policies, programs and
schedules, based on knowledge of identified training needs, organizational processes,
procedures or services; researches and selects outside consultant trainer to conduct
training in specific topics; coordinates and evaluates training work performed by
contractors and vendors; drafts applications and proposals to submit to fund granting
294
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
Page 2 of 4
authorities such as government agencies and foundations; confers with administrative
personnel and reviews activity and operating reports to determine changes in programs
or operations required; works with administrators, department heads and managers to
survey and assess employee development needs; develops and maintains reporting
systems to monitor departmental and employee progress toward achieving
organizational goals; develops employee motivational programs; provides internal
leadership consulting on employee and organizational development; facilitates the
alignment of individual development objectives and organizational objectives; prepares
reports and correspondence; performs other related duties.
The preceding duties have been provided as examples of the essential types of work
performed by positions within this job classification. The City, at its discretion, may add,
modify, change or rescind work assignments as needed.
MINIMUM QUALIFICATIONS:
Any combination of education, training, and experience that would likely provide the
knowledge, skills, and abilities to successfully perform in the position is qualifying. A
typical combination includes:
Knowledge of: The principles, methods and procedures utilized in; organizational
development, communication processes in complex organizations, process mapping,
professional ethics of group interaction and interpersonal dynamics, organizational
problem solving, conflict resolution, management, supervision and research.
Ability to: Plan, organize, develop and implement comprehensive organization and staff
development programs; establish and maintain credibility with employees, supervisors,
and managers; model behavior that is consistent with the organization values and basic
principles; analyze problems and recommend methods of resolution and change;
perform the role of facilitator and effectively utilize group dynamic skills and techniques;
present information to groups in an organized and timely manner; supervise the
performance of in-house volunteers and contract instructors; communicate effectively
verbally and in writing; work cooperatively with others.
Education: Bachelor’s degree from an accredited college or university in public
administration, public policy, business administration, organizational development,
industrial/organizational psychology, sociology or related field. Master’s degree and/or
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CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
Page 3 of 4
continuing education in a field related to management or organizational development is
preferred.
Experience: Five years of progressive responsibility as manager or supervisor in a
local government including working knowledge of organizational development tools.
Prior experience and proven accomplishments in organizational development program
design, implementation and maintenance highly desirable.
SPECIAL CONDITIONS:
Certificates/Licenses: A valid California Class C driver license with an acceptable
driving record required at time of appointment and during course of employment.
Employees regularly assigned/required to drive a city or personal vehicle in the course
and scope of work shall be required to participate in the DMV Employer Pull Notice
program
Public Employee Disaster Service Worker: In accordance with Government Code
Section 3100, all Huntington Beach city employees are required to perform assigned
disaster service worker duties in the event of an emergency or a disaster.
PHYSICAL TASKS AND ENVIRONMENTAL CONDITIONS:
Work is performed in a general office environment and may involve extended periods at
a computer keyboard or work station. Work involves sedentary to light work and
requires sitting for prolonged periods of time; standing and walking to retrieve work files
or to other departments or office locations; requires daily leaning, bending and/or
stooping to perform work at a desk or to retrieve information; daily pushing, turning or
twisting to move chair or body from desk; light grasping to hold a writing instrument or
documents; firm grasping as needed to carry work files or to operate office equipment;
finger dexterity to type on a computer keyboard; and hearing and speaking clarity to
answer the telephone or speak with staff and the public. There is the need to lift light
objects (up to 25 pounds) and perform other similar actions during the course of the
workday. Also requires the ability to operate, maneuver and/or control equipment,
machinery, tools and materials used in performing essential functions.
296
CITY OF HUNTINGTON BEACH
CLASS SPECIFICATION
TITLE: DIRECTOR OF ORGANIZATIONAL LEARNING AND ENGAGEMENT
PERSONNEL COMMISSION APPROVAL:
COUNCIL APPROVAL:
NOT APPLICABLE
Page 4 of 4
Employee accommodations for physical or mental disabilities will be considered on a
case-by-case basis.
0012
297
City of Huntington Beach
File #:19-1086 MEETING DATE:11/18/2019
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:
Adopt Ordinance No. 4189 amending Municipal Code Chapter 17.56 adopting the California
Fire Code, 2019 Editions
Approved for introduction 10-21-2019 - Vote: 7-0
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:
Adopt 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 .
Alternative Action(s):
Not adopt 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
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
City of Huntington Beach Printed on 11/13/2019Page 1 of 2
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File #:19-1086 MEETING DATE:11/18/2019
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 adopted, the ordinance will 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
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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
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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
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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.
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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
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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:
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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.
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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.
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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
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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).
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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,
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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.
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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
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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:
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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.
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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
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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.
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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:
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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.
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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
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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.
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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.
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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
357
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.
358
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.
359
PROPOSED ADOPTION OF THE 2019
CALIFORNIA FIRE CODE (CFC)
WITH LOCAL AMMENDMENTS
CITY OF HUNTINGTON BEACH
360
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.
361
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.
362
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
363
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
364
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.
365
Recommendation
Adopt the proposed ordinance to
repeal the current Huntington Beach
Municipal Code Chapter 17.56 and
replace it according to the attached
ordinance.
366
City of Huntington Beach
File #:19-1085 MEETING DATE:11/18/2019
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:
Adopt Ordinance No. 4190 adopting the 2019 Model California Construction Codes
Approved for introduction October 21, 2019 - Vote: 7-0
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:
Adopt 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).
Alternative Action(s):
1. Do not adopt the ordinance. This would mean that the State codes become law by default
without local amendments.
2. Continue the item and direct staff accordingly.
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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
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 reflectCity of Huntington Beach Printed on 11/13/2019Page 2 of 3
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File #:19-1085 MEETING DATE:11/18/2019
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
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City of Huntington Beach
File #:19-1145 MEETING DATE:11/18/2019
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 October 21, 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 October 21, 2019.
On October 21, 2019, the SCAG Community, Economic and Human Development (CEHD)
Committee, approved a SCAG staff recommended RHNA methodology to the Regional Council.
Mayor Pro Tem Semeta and Council Member Posey are members of the CEHD and attended the
meeting representing the City of Huntington Beach and the Orange County Council of Governments,
respectively.
The SCAG staff recommended methodology would have resulted in approximately 3,600 RHNA units
for the City of Huntington Beach. Although this number is greater than the current cycle RHNA
City of Huntington Beach Printed on 11/13/2019Page 1 of 2
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for the City of Huntington Beach. Although this number is greater than the current cycle RHNA
allocation, it resulted in one of the lower allocations for Huntington Beach of all the methodology
options that had been presented. In addition, the SCAG staff recommended methodology resulted in
a more equitable distribution of RHNA units than the current cycle.
On November 7, 2019,the SCAG Regional Council, made up of elected officials from the various
SCAG jurisdictions, considered the draft methodology. The Regional Council’s action on the RHNA
methodology would be the final step before sending the draft methodology to HCD for a 60-day
review. After a motion and a second for the SCAG staff recommended methodology, the Regional
Council ultimately voted 43-19 to approve a substitute motion, approving an alternative methodology
proposed by Mayor Rusty Bailey of Riverside rather than the SCAG staff recommended
methodology. Although there were some changes added to the methodology as part of the substitute
motion, the “Riverside” methodology would result in a RHNA allocation of approximately 13,300 units
to the City of Huntington Beach. The City was aware of a potential substitute motion prior to the
meeting and submitted a comment letter opposing the alternative “Riverside” methodology
(Attachment No.1). Mayor Pro Tem Semeta, representing the City of Huntington Beach on the
Regional Council, voted no on the substitute motion.
The approved methodology will now be forwarded to HCD for review. If HCD approves the
methodology, SCAG will then distribute RHNA units to its member jurisdictions. An appeal period will
follow the jurisdictional allocation.
Environmental Status:
The filing of a status update on the 6
th 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:
Non-Applicable - Administrative Item
Attachment(s):
1. November 7, 2019, Regional Council comment letter
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City of Huntington Beach
File #:19-1167 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Dahle Bulosan, Interim Chief Financial Officer
Subject:
Adopt City Council Resolution No. 2019-89 Providing for the Possible Issuance of One or
More Series of City of Huntington Beach Taxable Pension Obligation Bonds and Authorizing a
Trust Agreement, A Validation Action and Other Matters Relating Thereto
Statement of Issue:
It is requested that the City Council adopt a resolution authorizing the possible issuance of taxable
Pension Obligation Bonds (“POBs”) to refund all or a portion of its California Public Employees’
Retirement System (“CalPERS”) Unfunded Accrued Liability (“UAL”), and authorizing a judicial
validation proceedings related to the issuance of the POBs.
Financial Impact:
The issuance of pension obligation bonds for the refinancing of certain pension obligations of the City
of Huntington Beach will likely reduce the annual costs related to the UAL the City currently is
obligated to pay CalPERS. As of June 30, 2018, the most current actuarial valuation available from
CalPERS, the City’s UAL for all citywide employees and retirees is approximately $436.2 million.
Approximately 62% of the UAL is related to public safety (police and fire) employees, and 38% is
related to non-safety employees.
Currently, annual UAL payments to CalPERS will range from approximately $32.5 million for the 2020
21 fiscal year, up to approximately $46 million in the peak year of 2030-31. It is highly likely that the
increase will impact the ability of the City Council to adopt future balanced budgets. It may also
impact the high level of services currently provided to Huntington Beach’s residents and businesses.
The issuance of pension obligation bonds will allow the City of Huntington Beach to prepay up to
100% of the projected UAL, based on the most recent valuation report recently released by
CalPERS. By issuing pension obligation bonds, the City will be contractually obligated to make
annual debt service payments to the bondholders. One option would be to structure the annual debt
service payments to be level-dollar amount payments over the course of the life of the bonds. With
potentially lower interest rates paid on the bonds as compared to the current 7% interest rate
charged by CalPERS, and an estimated 24 year bond repayment schedule (presuming call
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File #:19-1167 MEETING DATE:11/18/2019
provisions are not exercised), the City could potentially achieve budgetary savings of $173 million
over the life of the bond financing. It reduces the potential UAL payment by $5 million for fiscal year
2020-21 from $32.6 million to approximately $27.6 million. Annual savings will continue to increase,
up to approximately $18.4 million in FY 2030/31, before decreasing in the last part of the debt service
schedule. Of note, all of these estimated cost savings are subject to market conditions at the time of
our actual bond issuance.
Recommended Action:
A) Adopt Resolution 2019-89, “A Resolution of the City Council of the City of Huntington Beach
Providing for the Issuance of One or More Series of City of Huntington Beach Taxable Pension
Obligation Bonds and Authorizing a Trust Agreement, A Validation Action and Other Matters Relating
Thereto” and,
B) Authorize the City Manager and City Clerk to take all administrative and budgetary actions
necessary to perform the bond issuance, including the negotiation and execution of agreements with
Orrick Herrington and Sutcliffe LLP for judicial validation proceedings, bond counsel, and disclosure
counsel services; KNN Public Finance to act as municipal advisor; and US Bank to act as trustee.
Alternative Action(s):
Do not approve the recommended actions and direct staff accordingly.
Analysis:
Over the last several years, CalPERS has made significant changes to the assumptions used in the
calculations of local agencies’ pension liabilities. These changes have resulted in (1) an increased
overall unfunded pension liability as the discount rate has been reduced from 7.5% to 7.0%, and (2)
sharp increases in annual payments due to CalPERS in earlier years followed by declining payments
in later years due to the method of amortizing the UAL payments.
The City has two CalPERS plans - a Public Safety plan and a Miscellaneous Employee’s plan. Each
plan’s UAL is comprised of multiple “amortization bases,” which are positive and negative amounts
generated each year based on the performance of the CalPERS Investment Fund and changes in
the actuarial assumptions. Each amortization base has a separate payment schedule over a fixed
period of years. Because of the CalPERS methodology, some of the payments continue to increase
each year while others will drop off. This creates a significant increase in UAL payments in the next
10 years from $32.6 to $46 million and significant decreases in UAL payments in the subsequent 14
years, from $46 million down to $10 million.
The difficulty that lies with the City of Huntington Beach, as well as many other local agencies, is the
ability to pay these large payments to CalPERS over the next 10 to 15 years, while still trying to
maintain a balanced budget. The City of Huntington Beach is focused on trying to minimize the
annual increases in the payments to CalPERS, so that balanced budgets can be maintained, and
there are manageable impacts to the services offered to the residents and businesses of Huntington
Beach. On October 21, 2018, a Study Session entitled, “An Existential Threat- Pension Cost
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Increases,” was presented to City Council, which discussed options for addressing the City’s growing
UAL payments. This presentation was also given during the October 30, 2019, Finance Commission
meeting. Both City Council and the Finance Commission unanimously provided staff with direction to
begin the process to refinance the City’s current UAL through a Pension Obligation Bond.
Through the issuance of pension obligation bonds to prepay the existing UAL, the City has better
control over the level of payments required to pay debt service on the bonds. These payments are
anticipated to be level each year so that the City can better plan its pension expense for budgeting
purposes.
The first step in the bond issuance process is a judicial validation by the court. The only issue that
the courts will consider is the legal ability of the City to issue pension obligation bonds, and whether
the sale of the bonds meets the State of California constitutional requirements. Any potential
financial impacts are not part of the court’s analysis.
At the conclusion of the validation process, the court will enter a judgment in favor of the City that the
obligation of the City (the liability owed to CalPERS), legally represents an “obligation imposed by
law”. Numerous prior court cases have determined that pension liabilities are obligations imposed by
law, and therefore are exempt from the debt limitation requirements set forth in Article XVI, Section
18, of the California Constitution. Many other cities have followed this same process for the issuance
of pension obligation bonds.
The resolution being presented to the City Council authorizes staff and bond counsel to submit the
necessary documents to the Orange County Superior Court to start the judicial validation process as
well as approve the following: (1) the issuance of bonds in an amount not-to-exceed: (a) the
aggregate principal amount of the Initial Series of Bonds shall not exceed the City’s unfunded
accrued actuarial liability under the PERS Contract pursuant to the Retirement Law as of the date of
issuance of the Initial Series of Bonds ($436.2 million as of June 30, 2018, as set forth in the
Actuarial Reports), as determined by PERS, plus the underwriter’s discount on the Initial Series of
Bonds, plus any original issue discount on the Initial Series of Bonds, plus the costs of issuance of
the Initial Series of Bonds, (b) the true interest cost to the City on the Initial Series of Bonds shall not
exceed 5.00%, and (c) the Initial Series of Bonds shall mature not later June 30, 2043 (the current
PERS final amortization of the City’s unfunded accrued actuarial liability as set forth in the Actuarial
Reports) and (2) a draft form of the Trust Agreement for the bonds. The total bond issuance is
currently estimated to be $444.4 million, based on the most current information available from PERS
and the City’s financing team. The Trust Agreement identifies the duties and responsibilities of the
trustee, establishes the terms and conditions which the bonds are to be issued, and the security for
the payment of the principal and interest on the bonds.
If the City Council approves staff’s recommendations, two concurrent processes will begin. The first
is the validation process referred to above, which is expected to take at least 90 days. At the same
time, staff and consultants will prepare other required financing documents and submit the financing
to credit agencies for a credit rating on the bonds.
The final actions to be taken by the City Council will be presented in March or April 2020, near the
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conclusion of the validation proceedings. Specifically, the actions include approval of the Preliminary
Official Statement, identifying a not-to-exceed interest rate for the bonds, as well as the underwriting
discount. The estimated savings from issuing the bonds will be updated at that time based on
changes in market conditions and an updated actual bond size, if both of the City’s CalPERS plans’
UAL are 100% paid. A financial analysis of the cost-effectiveness of prepaying both of the City’s
CalPERS plans’ UAL is underway and will be presented to the City Council when complete to support
the staff recommendation of which plans to fund (and if the plans should be funded at 100% of the
UAL or some lesser amount). The action recommended at this meeting is to validate the maximum
amount that could be required to pay both plans in full.
Environmental Status:
Not applicable.
Strategic Plan Goal:
Enhance and maintain infrastructure
Strengthen long term financial and economic sustainability.
Enhance and maintain City service delivery.
Attachment(s):
1. Resolution No. 2019-89,“A Resolution of the City Council of the City of Huntington Beach
Providing for the Issuance of One or More Series of City of Huntington Beach Taxable Pension
Obligation Bonds and Authorizing a Trust Agreement, A Validation Action and Other Matters
Relating Thereto”.
2. Trust Agreement.
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4149-7626-9600.2
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH PROVIDING FOR THE ISSUANCE OF ONE OR
MORE SERIES OF CITY OF HUNTINGTON BEACH TAXABLE
PENSION OBLIGATION BONDS AND AUTHORIZING A TRUST
AGREEMENT, A VALIDATION ACTION AND OTHER MATTERS
RELATING THERETO
WHEREAS, pursuant to Sections 20000 et seq. of the California Government Code (the
“Retirement Law”), the City of Huntington Beach (the “City”) has established two pension
plans, a Safety Plan (the “Safety Plan”) and a Miscellaneous Plan (the “Miscellaneous Plan”),
with the California Public Employees’ Retirement System (“PERS”); and
WHEREAS, the Retirement Law obligates the City (a) to make annual payments to
PERS to fund pension benefits for City employees who are PERS members, and (b) to make
annual payments to PERS to amortize the unfunded accrued actuarial liability with respect to
such pension benefits over a period not exceeding 30 years; and
WHEREAS, the obligation of the City to make such payments is evidenced by a contract
between the City and PERS (collectively, as heretofore and hereafter amended, the “PERS
Contract”); and
WHEREAS, as of June 30, 2018, based upon the actuarial reports of pension liability as
calculated by PERS with respect to the Safety Plan and the Miscellaneous Plan (together, the
“Actuarial Reports”), the City had an obligation in the amount of $436.2 million (consisting of
$270.1 million for the Safety Plan and $166.1 million for the Miscellaneous Plan) pursuant to the
Retirement Law as an unfunded accrued actuarial liability, based on the market value of assets;
and
WHEREAS, in order to refund a portion of the PERS Contract by paying all or portion
of such unfunded accrued actuarial liability, the City desires to issue taxable pension obligation
bonds to be designated the “City of Huntington Beach Taxable Pension Obligation Bonds,” with
such series and other designations as may be approved as herein provided, in one or more series
(collectively, the “Initial Series of Bonds”), in an aggregate principal amount not to exceed the
sum of (a) the City’s unfunded accrued actuarial liability under the PERS Contract pursuant to
the Retirement Law as of the date of issuance of the Initial Series of Bonds ($436.2 million as of
June 30, 2018, as set forth in the Actuarial Reports), (b) the costs of issuance of the Initial Series
of Bonds (including underwriter’s discount), and (c) any original issue discount on the Initial
Series of Bonds; and
WHEREAS, the City desires to authorize the issuance of additional bonds (the
“Additional Bonds”) payable on a parity with the Initial Series of Bonds (the Initial Series of
Bonds and any such Additional Bonds being collectively referred to herein as the “Bonds”), for
the purpose of refunding then payable portions of the PERS Contract by paying all or a portion
of the obligation of the City, as of the date of issuance of such Additional Bonds, to pay to PERS
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beneficiaries and the City’s unfunded accrued actuarial liability pursuant to the Retirement Law;
and
WHEREAS, in order to provide for the authentication and delivery of the Initial Series
of Bonds and to establish and declare the terms and conditions upon which the Initial Series of
Bonds and Additional Bonds are to be issued and secured, the City proposes to enter into a Trust
Agreement with U.S. Bank National Association or other commercial bank (such Trust
Agreement, in the form presented to this meeting, with such changes, insertions and omissions as
are made pursuant to this Resolution, being referred to herein as the “Trust Agreement”), as
trustee; and
WHEREAS, there has been prepared and submitted to this meeting a form of the Trust
Agreement; and
WHEREAS, the City has levied and continues to levy an ad valorem property tax
override levied at the rate of $0.01500 per $100 of the assessed value of all taxable property
within the City (the “Pension Tax Override”) to pay for the pension obligations of the City to
employees approved by the voters prior to July 1, 1978 (collectively, the “Prior Approved
Pension Obligations”) as permitted under Article XIIIA, Section 1(b)(1) of the California
Constitution; and
WHEREAS, the City may, upon the advice of its financial advisor and underwriter,
determine to pledge the Pension Tax Override in an amount not to exceed the Prior Approved
Pension Obligations to the payment of the Bonds; and
WHEREAS, the City has adopted a local debt policy (the “Debt Management Policy”)
that complies with Government Code Section 8855(i), and the City’s issuance of the Initial
Series of Bonds as contemplated by this Resolution is in compliance with the Debt Management
Policy; and
WHEREAS, California Government Code Section 5852.1 requires that the City Council
obtain from an underwriter, financial advisor or private lender and disclose, prior to
authorization of the issuance of bonds with a term of greater than 13 months, good faith
estimates of the following information in a meeting open to the public: (a) the true interest cost
of the bonds, (b) the sum of all fees and charges paid to third parties with respect to the bonds,
(c) the amount of proceeds of the bonds expected to be received net of the fees and charges paid
to third parties and any reserves or capitalized interest paid or funded with proceeds of the bonds,
and (d) the sum total of all debt service payments on the bonds calculated to the final maturity of
the bonds plus the fees and charges paid to third parties not paid with the proceeds of the bonds;
and
WHEREAS, in compliance with Government Code Section 5852.1, the City Council has
obtained from KNN Public Finance, A Limited Liability Company, as financial advisor and as
municipal advisor under Section 15B of the Securities Exchange Act of 1934 to the City, the
required good faith estimates with respect to the Initial Series of Bonds and such estimates are
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
Section 1. All of the recitals herein contained are true and correct and the City Council
of the City (the “City Council”) so finds.
Section 2. The City Council hereby finds and declares that the issuance of the Initial
Series of Bonds and the Additional Bonds and the other actions contemplated hereby are in the
best interests of the City and are expected, based on investment and other assumptions, to result
in significant savings to the taxpayers of the City.
Section 3. The issuance of the Initial Series of Bonds, on the terms and conditions set
forth in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and
approved. The Initial Series of Bonds, in substantially the form set forth in the Trust Agreement
submitted to this meeting and made a part hereof as though set forth herein, be and the same are
hereby approved. The Initial Series of Bonds may be issued as fixed rate, current interest bonds,
may have applicable call features, authorized denominations, payment dates and other variable
items related thereto, and may have series and other designations as appropriate; provided,
however, that (a) the aggregate principal amount of the Initial Series of Bonds shall not exceed
the City’s unfunded accrued actuarial liability under the PERS Contract pursuant to the
Retirement Law as of the date of issuance of the Initial Series of Bonds ($436.2 million as of
June 30, 2018, as set forth in the Actuarial Reports), as determined by PERS, plus the
underwriter’s discount on the Initial Series of Bonds, plus any original issue discount on the
Initial Series of Bonds, plus the costs of issuance of the Initial Series of Bonds, (b) the true
interest cost to the City on the Initial Series of Bonds shall not exceed 5.00%, and (c) the Initial
Series of Bonds shall mature not later June 30, 2043 (the current PERS final amortization of the
City’s unfunded accrued actuarial liability as set forth in the Actuarial Reports). The Mayor of
the City, and such other member of the City Council as the Mayor may designate, the City
Manager, the Assistant City Manager and the Chief Financial Officer of the City, and such other
officers of the City as the City Manager may designate (collectively, the “Authorized Officers”)
are, and each of them is, hereby authorized and directed, for and in the name of the City, to
execute and deliver the Initial Series of Bonds in the form attached to the Trust Agreement, with
such changes, insertions and omissions as the Authorized Officer executing the same may
require or approve, such requirement or approval to be conclusively evidenced by the execution
of the Initial Series of Bonds by such Authorized Officer. The Initial Series of Bonds shall
constitute an obligation imposed by law, pursuant to the Constitution of the State of California
and the Retirement Law, and an obligation of the City not limited as to payment from any special
source of funds; provided, however, that the Initial Series of Bonds shall not constitute an
obligation of the City for which the City is obligated to levy or pledge any form of taxation or for
which the City has levied or pledged or will levy or pledge any form of taxation, except that the
City may, and this Resolution gives the City the authority to, upon the advice of its financial
advisor and underwriter, pledge the Pension Tax Override in an amount not to exceed the Prior
Approved Pension Obligations to the payment of the Bonds, as determined and approved by an
Authorized Officer.
Section 4. The Trust Agreement, in substantially the form submitted to this meeting and
made a part hereof as though set forth herein, be and the same is hereby approved. The DRAFT446
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Authorized Officers are, and each of them is, hereby authorized and directed, for and in the name
of the City, to execute and deliver the Trust Agreement, with such changes, insertions and
omissions as the Authorized Officer executing the same may require or approve, such
requirement or approval to be conclusively evidenced by the execution of the Trust Agreement
by such Authorized Officer; provided, however, that any such changes, insertions and omissions
shall be consistent with the authority, and limitations thereon, granted to the Authorized Officers
in Section 3 hereof.
Section 5. The issuance of the Additional Bonds, on the terms and conditions set forth
in, and subject to the limitations specified in, the Trust Agreement, is hereby authorized and
approved. The Additional Bonds, in substantially the form of the Initial Series of Bonds set forth
in the Trust Agreement submitted to this meeting and made a part hereof as though set forth
herein, be and the same are hereby approved. The Additional Bonds may be issued in one or
more series, and may be issued as fixed rate, current interest bonds, may have applicable call
features, authorized denominations, payment dates and other variable items related thereto, and
may have series and other designations as appropriate; provided, however, that (a) the aggregate
initial principal amount of each issuance of Additional Bonds shall not exceed the sum of the
unpaid amount of the City’s obligation to make an annual contribution to PERS to fund pension
benefits for its members and their beneficiaries in the fiscal year such Additional Bonds are
issued plus the estimated unfunded accrued actuarial liability of the City to PERS pursuant to the
Retirement Law as of the date of issuance of such Additional Bonds, as determined by the City
and an independent actuary, plus the underwriter’s discount on such issue of Additional Bonds,
plus any original issue discount on such issue of Additional Bonds, plus the costs of issuance of
such series of Additional Bonds, and (b) the true interest cost to the City on such series of
Additional Bonds shall not exceed the true interest cost of the interest rate established by PERS
on the unfunded accrued actuarial liability of the City, and (c) the Additional Bonds of each
series shall mature not later than 30 years from the date of issuance thereof. The Authorized
Officers are, and each of them is, hereby authorized and directed, for and in the name of the City,
to execute and deliver the Additional Bonds in substantially the form of the Initial Series of
Bonds set forth in the Trust Agreement, with such changes, insertions and omissions as the
Authorized Officer executing the same may require or approve, such requirement or approval to
be conclusively evidenced by the execution of the Additional Bonds by such Authorized Officer.
The Additional Bonds shall constitute an obligation imposed by law, pursuant to the Constitution
of the State of California and the Retirement Law, and an obligation of the City not limited as to
payment from any special source of funds; provided, however, that the Additional Bonds shall
not constitute an obligation of the City for which the City is obligated to levy or pledge any form
of taxation or for which the City has levied or pledged or will levy or pledge any form of
taxation, except that the City may, and this Resolution gives the City the authority to, upon the
advice of its financial advisor and underwriter, pledge the Pension Tax Override in an amount
not to exceed the Prior Approved Pension Obligations to the payment of the Bonds, as
determined and approved by an Authorized Officer.
Section 6. The Authorized Officers are, and each of them is, authorized and directed, for
and in the name of the City, to do any and all things, including bringing a validation action under
Section 860 of the California Code of Civil Procedure, and to execute and deliver any and all
documents which they or any of them deem necessary or advisable in order to consummate the DRAFT447
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transactions contemplated by this Resolution and otherwise to carry out, give effect to and
comply with the terms and intent of this Resolution.
Section 7. With the passage of this Resolution, the City Council hereby certifies that the
Debt Management Policy complies with Government Code Section 8855(i) and that the Initial
Series of Bonds authorized to be issued pursuant to this Resolution are consistent with such
policy.
Section 8. All actions heretofore taken by the officers, employees and agents of the City
with respect to the transaction set forth above are hereby approved, confirmed and ratified.
Section 9. This Resolution 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
regular meeting thereof held on the 18th day of November, 2019.
______________________________________
Mayor
REVIEWED AND APPROVED:
______________________________________
City Manager
INITIATED AND APPROVED:
______________________________________
Chief Financial Officer
APPROVED AS TO FORM:
______________________________________
City Attorney
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EXHIBIT A
GOOD FAITH ESTIMATES
The good faith estimates set forth herein are provided with respect to the Initial Series of
Bonds in compliance with Section 5852.1 of the California Government Code. Such good faith
estimates have been provided to the City by KNN Public Finance, A Limited Liability Company,
the City’s financial advisor and municipal advisor under Section 15B of the Securities Exchange
Act of 1934 (the “Municipal Advisor”).
Principal Amount. The Municipal Advisor has informed the City that, based on the
City’s financing plan and based on market conditions prevailing at the time of preparation of
such estimate, its good faith estimate of the aggregate principal amount of the Initial Series of
Bonds to be sold in a public offering is $444,380,000.00 (the “Estimated Principal Amount”).
True Interest Cost of the Initial Series of Bonds. The Municipal Advisor has informed
the City that, assuming that the Estimated Principal Amount of the Initial Series of Bonds is sold,
and based on market conditions prevailing at the time of preparation of such estimate, its good
faith estimate of the true interest cost of the Initial Series of Bonds, which means the rate
necessary to discount the amounts payable on the respective principal and interest payment dates
to the purchase price received for the Initial Series of Bonds, is 3.408%.
Finance Charge of the Initial Series of Bonds. The Municipal Advisor has informed the
City that, assuming that the Estimated Principal Amount of the Initial Series of Bonds is sold,
and based on market conditions prevailing at the time of preparation of such estimate, its good
faith estimate of the finance charge for the Initial Series of Bonds, which means the sum of all
fees and charges paid to third parties (or costs associated with the Initial Series of Bonds), is
$1,261,341.00.
Amount of Proceeds to be Received. The Municipal Advisor has informed the City that,
assuming that the Estimated Principal Amount of the Initial Series of Bonds is sold, and based on
market conditions prevailing at the time of preparation of such estimate, its good faith estimate
of the amount of proceeds expected to be received by the City for sale of the Initial Series of
Bonds, less the finance charge of the Initial Series of Bonds, as estimated above, and any
reserves or capitalized interest paid or funded with proceeds of the Initial Series of Bonds, is
$443,118,659.00.
Total Payment Amount. The Municipal Advisor has informed the City that, assuming
that the Estimated Principal Amount of the Initial Series of Bonds is sold, and based on market
conditions prevailing at the time of preparation of such estimate, its good faith estimate of the
total payment amount, which means the sum total of all payments the City will make to pay debt
service on the Initial Series of Bonds, plus the estimated finance charge for the Initial Series of
Bonds, as described above, not paid with the proceeds of the Initial Series of Bonds, calculated
to the final maturity of the Initial Series of Bonds, is $650,307,062.
The foregoing estimates constitute good faith estimates only and are based on market
conditions prevailing at the time of preparation of such estimates. The actual principal amount of DRAFT449
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the Initial Series of Bonds issued and sold, the true interest cost thereof, the finance charges
thereof, the amount of proceeds received therefrom and total payment amount with respect
thereto may differ from such good faith estimates for a variety of reasons, including, without
limitation, due to (a) the market conditions prevailing on the actual date of the sale of the Initial
Series of Bonds being different than the market conditions prevailing at the time of preparation
of the estimates contained herein, (b) the actual principal amount of Initial Series of Bonds sold
being different from the Estimated Principal Amount, (c) the actual amortization of the Initial
Series of Bonds being different than the amortization assumed for purposes preparing the
estimates contained herein, (d) the actual interest rates at which the Initial Series of Bonds are
sold being different than those estimated for purposes of preparing the estimates contained
herein, (e) other market conditions, or (f) alterations in the City’s financing plan, or a
combination of such factors. The actual date of sale of the Initial Series of Bonds and the actual
principal amount of Initial Series of Bonds sold will be determined by the City based on various
factors. The actual interest rates borne by the Initial Series of Bonds will depend on market
conditions at the time of sale thereof. The actual amortization of the Initial Series of Bonds will
also depend, in part, on market conditions at the time of sale thereof. Market conditions,
including, without limitation, interest rates are affected by economic and other factors beyond
the control of the City and the Municipal Advisor. DRAFT450
4130-0730-6528.2
TRUST AGREEMENT
by and between
CITY OF HUNTINGTON BEACH
and
U.S. BANK NATIONAL ASSOCIATION
as Trustee
Dated as of __________ 1, 2020
City of Huntington Beach
Taxable Pension Obligation Bonds
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TABLE OF CONTENTS
Page
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ARTICLE I DEFINITIONS; EQUAL SECURITY ............................................................ 3
Section 1.01. Definitions............................................................................................ 3
Section 1.02. Trust Agreement Constitutes Contract ............................................... 10
ARTICLE II GENERAL BOND PROVISIONS; SERIES 2020 BONDS ......................... 12
Section 2.01. Nature of Obligation under Bonds ..................................................... 12
Section 2.02. Authorization and Terms of the Series 2020 Bonds .......................... 12
Section 2.03. Procedure for the Issuance of Series 2020 Bonds; Application
of Series 2020 Bond Proceeds ........................................................... 13
Section 2.04. Form of Bonds ................................................................................... 14
Section 2.05. Execution of Bonds ............................................................................ 14
Section 2.06. Transfer of Bonds .............................................................................. 14
Section 2.07. Exchange of Bonds ............................................................................ 15
Section 2.08. Bond Registration Books ................................................................... 15
Section 2.09. Mutilated, Destroyed, Stolen or Lost Bonds ...................................... 15
Section 2.10. Temporary Bonds ............................................................................... 15
Section 2.11. Book-Entry System for the Series 2020 Bonds ................................. 16
Section 2.12. Validity of Bonds ............................................................................... 17
ARTICLE III REDEMPTION OF SERIES 2020 BONDS .................................................. 18
Section 3.01. Redemption of Series 2020 Bonds ..................................................... 18
Section 3.02. Selection of Series 2020 Bonds for Redemption ............................... 19
Section 3.03. Notice of Redemption ........................................................................ 19
ARTICLE IV ADDITIONAL BONDS ................................................................................ 21
Section 4.01. Conditions for the Issuance of Additional Bonds .............................. 21
Section 4.02. Procedure for the Issuance of Additional Bonds ............................... 22
ARTICLE V PLEDGE; FUNDS ......................................................................................... 23
Section 5.01. Pledge ................................................................................................. 23
Section 5.02. Bond Fund .......................................................................................... 23
Section 5.03. Pledge of Pledged Tax Revenues; Establishment of Pension
Tax Override Fund and Transfers Therefrom .................................... 23
Section 5.04. Pension Liability Management Fund ................................................. 24
Section 5.05. Administrative Expense Fund ............................................................ 24 DRAFT452
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Section 5.06. Redemption Fund ............................................................................... 25
Section 5.07. Deposit and Investments of Money in Funds .................................... 25
ARTICLE VI COVENANTS OF THE CITY ...................................................................... 26
Section 6.01. Punctual Payment and Performance .................................................. 26
Section 6.02. Extension of Payment of Bonds ......................................................... 26
Section 6.03. Additional Debt .................................................................................. 26
Section 6.04. Power to Issue Bonds ......................................................................... 26
Section 6.05. Accounting Records and Reports ....................................................... 26
Section 6.06. Prosecution and Defense of Suits ...................................................... 26
Section 6.07. Continuation of Pension Tax Override .............................................. 26
Section 6.08. Continuing Disclosure ....................................................................... 27
Section 6.09. Waiver of Laws .................................................................................. 27
Section 6.10. Further Assurances............................................................................. 27
ARTICLE VII THE TRUSTEE ............................................................................................. 28
Section 7.01. The Trustee ........................................................................................ 28
Section 7.02. Liability of Trustee ............................................................................ 29
Section 7.03. Compensation and Indemnification of Trustee .................................. 30
ARTICLE VIII AMENDMENT OF THE TRUST AGREEMENT ....................................... 32
Section 8.01. Amendment of the Trust Agreement ................................................. 32
Section 8.02. Disqualified Bonds............................................................................. 33
Section 8.03. Endorsement or Replacement of Bonds After Amendment .............. 33
Section 8.04. Amendment by Mutual Consent ........................................................ 33
Section 8.05. Attorney’s Opinion Regarding Supplemental Trust Agreements ...... 33
ARTICLE IX EVENTS OF DEFAULT AND REMEDIES ................................................ 34
Section 9.01. Events of Default ............................................................................... 34
Section 9.02. Institution of Legal Proceedings by the Trustee; Remedies .............. 34
Section 9.03. Non-Waiver ........................................................................................ 34
Section 9.04. Remedies Not Exclusive .................................................................... 35
Section 9.05. Limitation on Owners’ Right to Sue .................................................. 35
Section 9.06. Absolute Obligation of City ............................................................... 35 DRAFT453
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ARTICLE X DEFEASANCE.............................................................................................. 36
Section 10.01. Discharge of Bonds ............................................................................ 36
Section 10.02. Unclaimed Money .............................................................................. 36
ARTICLE XI MISCELLANEOUS ...................................................................................... 38
Section 11.01. Benefits of the Trust Agreement Limited to Parties .......................... 38
Section 11.02. Successor Is Deemed Included in All References to
Predecessor ........................................................................................ 38
Section 11.03. Execution of Documents by Owners ................................................. 38
Section 11.04. Waiver of Personal Liability .............................................................. 38
Section 11.05. Acquisition of Bonds by City ............................................................ 38
Section 11.06. Destruction of Cancelled Bonds ........................................................ 38
Section 11.07. Notice to Owners ............................................................................... 39
Section 11.08. Content of Certificates ....................................................................... 39
Section 11.09. Accounts and Funds; Business Days ................................................. 39
Section 11.10. Notices ............................................................................................... 39
Section 11.11. Article and Section Headings and References ................................... 40
Section 11.12. Partial Invalidity................................................................................. 40
Section 11.13. Execution in Several Counterparts ..................................................... 40
Section 11.14. Governing Law .................................................................................. 41
EXHIBIT A FORM OF SERIES 2020 BOND ............................................................................. 1 DRAFT454
4130-0730-6528.2
TRUST AGREEMENT
THIS TRUST AGREEMENT (this “Trust Agreement”), dated as of __________ 1, 2020,
is by and between the CITY OF HUNTINGTON BEACH (the “City”), a municipal corporation
and charter city duly organized and existing under and by virtue of the Constitution and laws of
the State of California and its Charter, and U.S. BANK NATIONAL ASSOCIATION, a national
banking association organized and existing under the laws of the United States of America, as
trustee (the “Trustee”).
W I T N E S S E T H:
WHEREAS, the City is obligated by the Public Employees’ Retirement Law, Section
20000 et seq. of the California Government Code (the “Retirement Law”), to make payments to
the California Public Employees’ Retirement System (the “System”) relating to pension benefits
accruing to City employees who are System members; and
WHEREAS, the City has entered into a contract with the System with respect to the City’s
Safety Plan and the City’s Miscellaneous Plan, dated October 1, 1945, and as amended to and
including June 14, 2008, as heretofore and hereafter amended from time to time (the “PERS
Contract”), evidencing the City’s obligation to pay the City’s unfunded accrued actuarial liability
and its normal annual contribution to the System; and
WHEREAS, the City is authorized pursuant to Articles 10 and 11 (commencing with
Section 53570) of Chapter 3 of Division 2 of Title 5 of the California Government Code (the
“Act”) to issue bonds for the purpose of refunding any evidence of indebtedness of the City; and
WHEREAS, for the purpose of refunding the City’s obligations to the System evidenced
by the PERS Contract, the City has determined to issue from time to time its City of Huntington
Beach Taxable Pension Obligation Bonds (the “Bonds”); and
WHEREAS, for the purpose of refunding a portion of the City’s obligations to the System
evidenced by the PERS Contract, the City has determined to issue its City of Huntington Beach
Taxable Pension Obligation Bonds, Series 2020 (the “Series 2020 Bonds”), in the aggregate
principal amount of $___________; and
WHEREAS, in order to provide for the authentication and delivery of the Bonds, to
establish and declare the terms and conditions upon which the Bonds are to be issued and to secure
the payment of the principal thereof, premium, if any, and interest thereon, the City has authorized
the execution and delivery of this Trust Agreement; and
WHEREAS, to further secure the payment of principal of and interest and redemption
premiums, if any, on the Bonds, the City has elected to pledge certain Pension Tax Override
Revenues (as hereinafter defined), said pledge to be made and perfected in accordance with Section
5450 of the California Government Code; and
WHEREAS, the City has determined that all acts and proceedings required by law
necessary to make the Bonds, when executed by the City and authenticated and delivered by the
Trustee hereunder, valid, binding and legal obligations of the City payable in accordance with their DRAFT455
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terms, and to constitute this Trust Agreement a valid and binding agreement of the parties hereto
for the uses and purposes herein set forth in accordance with its terms, have been done and taken,
and the execution and delivery of this Trust Agreement has been in all respects duly authorized;
NOW, THEREFORE, THIS TRUST AGREEMENT WITNESSETH, that in order to
secure the payment of the principal of, premium, if any, and the interest on all Bonds at any time
issued and outstanding under this Trust Agreement, according to their tenor, and to secure the
performance and observance of all the covenants and conditions therein and herein set forth, and
to declare the terms and conditions upon and subject to which the Bonds are to be issued and
received, and in consideration of the premises and of the mutual covenants herein contained and
of the purchase and acceptance of the Bonds by the owners thereof, and for other valuable
considerations, the receipt whereof is hereby acknowledged, the City does hereby covenant and
agree with the Trustee, for the benefit of the respective owners from time to time of the Bonds, as
follows: DRAFT456
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ARTICLE I
DEFINITIONS; EQUAL SECURITY
Section 1.01. Definitions. Unless the context otherwise requires, the terms defined in this
Section shall for all purposes hereof and of any certificate, opinion, request or other document
herein or therein mentioned have the meanings herein specified.
“Act” means Articles 10 and 11 (commencing with Section 53570) of Chapter 3 of
Division 2 of Title 5 of the California Government Code.
“Additional Bonds” means Bonds other than Series 2020 Bonds issued hereunder in
accordance with the provisions of Article IV hereof.
“Administrative Expense Fund” means the fund by that name established and held by
the Trustee pursuant to Section 5.05 hereof.
“Authorized Denominations” means (a) $5,000 principal amount or any integral multiple
thereof, and (b) any other principal amount or integral multiple thereof as provided in a
Supplemental Trust Agreement.
“Authorized Officer” means, with respect to the City, the City Manager of the City, the
Assistant City Manager of the City, the Chief Financial Officer of the City and the Assistant Chief
Financial Officer of the City and any other person designated as an Authorized Officer of the City
in a Written Certificate of the City filed with the Trustee.
“Beneficial Owner” means the beneficial owner of a Bond, determined under the rules of
DTC.
“Bond Fund” means the fund by that name established and held by the Trustee pursuant
to Section 5.02 hereof.
“Bond Insurer” means any issuer or issuers of a policy or policies of municipal bond
insurance obtained by the City to insure the payment of principal of and interest on a Series of
Bonds issued under the Trust Agreement, when due otherwise than by acceleration, and which, in
fact, are at any time insuring such Series of Bonds. For the purposes of this definition, all consents,
approvals or actions required by the Bond Insurer shall be by action of a majority of all Bond
Insurers (based upon the aggregate principal amount of Outstanding Bonds insured by each such
Bond Insurer) if there is more than a single Bond Insurer.
“Bonds” means the Series 2020 Bonds and all Additional Bonds.
“Business Day” means any day other than (a) a Saturday or a Sunday, (b) a day on which
banking institutions in the city in which the Corporate Trust Office of the Trustee is located or
banking institutions in New York, New York, are authorized or required by law to be closed, or
(c) a day on which the New York Stock Exchange is closed. DRAFT457
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4130-0730-6528.2
“City” means the City of Huntington Beach, a municipal corporation and charter city duly
organized and existing under and by virtue of the Constitution and laws of the State and its Charter.
“Closing Date” means the date on which the Series 2020 Bonds are delivered to the
original purchaser of the Series 2020 Bonds.
“Continuing Disclosure Certificate” means the Continuing Disclosure Certificate of the
City, dated the Closing Date, as originally executed and as it may be amended from time to time
in accordance with the terms thereof.
“Corporate Trust Office” means the corporate trust office of the Trustee, which at the
date of execution of this Trust Agreement is that specified in Section 11.10 of this Trust
Agreement, provided, however, that for transfer, registration, exchange, payment and surrender of
Bonds such term means the office or agency of the Trustee at which, at any particular time, its
corporate trust operations business shall be conducted, or such other office designated by the
Trustee from time to time.
“Costs of Issuance” means all items of expense directly or indirectly payable by or
reimbursable to the City relating to the authorization, issuance, sale and delivery of the Bonds,
including but not limited to printing expenses, rating agency fees, bond insurance premiums, filing
and recording fees, initial fees, expenses and charges of the Trustee and its counsel (including the
Trustee’s first annual administrative fee), fees, charges and disbursements of attorneys, financial
advisors, actuaries, accounting firms, consultants and other professionals, fees and charges for
preparation, execution and safekeeping of the Bonds and any other cost, charge or fee in
connection with the original issuance of the Bonds.
“Costs of Issuance Fund” means the fund by that name established and held by the Trustee
pursuant to Section 2.03 hereof.
“Defeasance Securities” means any of the following to the extent then permitted by
applicable laws of the State:
(a) U.S. Treasury Certificates, Notes and Bonds (including State and Local Government
Series -- “SLGs”).
(b) Direct obligations of the Treasury of the United States which have been stripped by
the Treasury itself, CATS, TIGRS and similar securities
(c) Resolution Funding Corp. (REFCORP). Only the interest component of REFCORP
strips which have been stripped by request to the Federal Reserve Bank of New
York in book entry form are acceptable.
(d) Pre-refunded municipal bonds rated “Aaa” by Moody’s or “AAA” by S&P. If
however, the issue is only rated by S&P (i.e., there is no Moody’s rating), then the
pre-refunded bonds must have been pre-refunded with cash, direct U.S. or U.S.
guaranteed obligations, or AAA rated pre-refunded municipals to satisfy this
condition.
(e) Obligations issued by the following agencies which are backed by the full faith and
credit of the U.S. DRAFT458
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(i) U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
(ii) Farmers Home Administration (FmHA)
Certificates of beneficial ownership
(iii)Federal Financing Bank
(iv) General Services Administration
Participation certificates
(vi) U.S. Maritime Administration
Guaranteed Title XI financing
(vii)U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed public
housing notes and bonds
“DTC” means The Depository Trust Company and any successor thereto or any nominee
thererof.
“Event of Default” means an event described as such in Section 9.01.
“Fiscal Year” means the twelve-month period ending on June 30 of each year, or any other
annual accounting period hereafter selected and designated by the City as its Fiscal Year in
accordance with applicable law.
“Fitch” means Fitch, Inc., a corporation organized and existing under the laws of the State
of New York, and its successors and assigns, except that if such entity shall be dissolved or
liquidated or shall no longer perform the services of a municipal securities rating agency, then the
term “Fitch” shall be deemed to refer to any other nationally recognized municipal securities rating
agency selected by the City.
“Interest Payment Date” (a) with respect to the Series 2020 Bonds, means June 15 and
December 15 of each year, commencing ________ 15, 20__, and (b) with respect to any Additional
Bonds, the dates specified in the Supplemental Trust Agreement pursuant to which such Additional
Bonds are issued.
“Moody’s” means Moody’s Investors Service, a corporation organized and existing under
the laws of the State of Delaware, and its successors and assigns, except that if such entity shall be
dissolved or liquidated or shall no longer perform the services of a municipal securities rating
agency, then the term “Moody’s” shall be deemed to refer to any other nationally recognized
municipal securities rating agency selected by the City. DRAFT459
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“Opinion of Counsel” means a written opinion of counsel of recognized national standing
in the field of law relating to municipal bonds, appointed and paid by the City.
“Outstanding” means, when used as of any particular time with reference to Bonds
(subject to the provisions of Section 8.02 hereof), all Bonds theretofore or thereupon executed by
the City and authenticated by the Trustee, except (a) Bonds theretofore cancelled by the Trustee
or surrendered to the Trustee for cancellation in accordance herewith, (b) Bonds paid or deemed
to have been paid within the meaning of Section 10.01, and (c) Bonds in lieu of or in substitution
for which other Bonds shall have been executed, issued and delivered by the City pursuant hereto.
“Owner” means, with respect to any Bond, the registered owner thereof, as shown on the
registration books maintained by the Trustee hereunder.
“Participant” means any entity which is recognized as a participant by DTC in the book-
entry system of maintaining records with respect to book-entry bonds.
“Participating Underwriters” has the meaning ascribed thereto in the Continuing
Disclosure Certificate.
“Pension Liability Management Fund” means the fund by that name established and held
by the Trustee pursuant to Section 5.04 hereof.
“Pension Tax Override” means the ad valorem tax override annually levied at the rate of
$0.01500 per $100 of the assessed value of all taxable property within the City pursuant to Article
XIIIA, Section 1(b)(1) of the California Constitution.
“Pension Tax Override Authorization” means City Charter Section 607, adopted and
ratified by the City Council on January 17, 1966.
“Pension Tax Override Fund” means the Pension Tax Override Fund established
pursuant to Section 5.03 hereof.
“Pension Tax Override Revenues” means all of the revenues received by or payable to
the City from the Pension Tax Override, [less amounts attributable to such Pension Tax Override
allocated to the Huntington Beach Redevelopment Successor Agency as property tax revenues
(formerly tax increment revenues) pursuant to the Community Redevelopment Law of the State of
California in connection with the City Redevelopment Project Area].
“Permitted Investments” means any of the following to the extent then permitted by
applicable laws of the State:
(a) Direct obligations of the United States of America (including obligations issued or
held in book-entry form on the books of the Department of the Treasury, and CATS and TIGRS)
or obligations the principal of and interest on which are unconditionally guaranteed by the United
States of America.
(b) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by
any of the following federal agencies and provided such obligations are backed by the full faith DRAFT460
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4130-0730-6528.2
and credit of the United States of America (stripped securities are only permitted if they have been
stripped by the agency itself):
(i) U.S. Export-Import Bank (Eximbank)
Direct obligations or fully guaranteed certificates of beneficial ownership
(ii) Farmers Home Administration (FmHA)
Certificates of beneficial ownership
(iii) Federal Financing Bank
(iv) Federal Housing Administration Debentures (FHA)
(v) General Services Administration
Participation certificates
(vi) Government National Mortgage Association (GNMA or “Ginnie Mae”)
GNMA - guaranteed mortgage-backed bonds
GNMA - guaranteed pass-through obligations
(vii) U.S. Maritime Administration
Guaranteed Title XI financing
(viii) U.S. Department of Housing and Urban Development (HUD)
Project Notes
Local Authority Bonds
New Communities Debentures - U.S. government guaranteed debentures
U.S. Public Housing Notes and Bonds - U.S. government guaranteed
public housing notes and bonds
(c) Bonds, debentures, notes or other evidence of indebtedness issued or guaranteed by
any of the following non-full faith and credit U.S. government agencies (stripped securities are
only permitted if they have been stripped by the agency itself):
(i) Federal Home Loan Bank System
Senior debt obligations
(ii) Federal Home Loan Mortgage Corporation (FHLMC or “Freddie Mac”)
Participation Certificates
Senior debt obligations
(iii) Federal National Mortgage Association (FNMA or “Fannie Mae”)
Mortgage-backed securities and senior debt obligations
(iv) Student Loan Marketing Association (SLMA or “Sallie Mae”)
Senior debt obligations
(v) Resolution Funding Corp. (REFCORP) obligations DRAFT461
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4130-0730-6528.2
(vi) Farm Credit System
Consolidated systemwide bonds and notes
(d) Money market funds registered under the Federal Investment Company Act of
1940, whose shares are registered under the Federal Securities Act of 1933, and having a rating if
rated by S&P of AAAm-G; AAA-m; or AA-m and if rated by Moody’s of Aaa, Aal or Aa2,
including funds for which the Trustee, its parent holding company, if any, or any affiliates or
subsidiaries of the Trustee or such holding company provide investment advisory or other
management services.
(e) Certificates of deposit secured at all times by collateral described in (a) and/or (b)
above. Such certificates must be issued by commercial banks, savings and loan associations or
mutual savings banks, which may include the Trustee and its affiliates. The collateral must be held
by a third party and the bondholders must have a perfected first security interest in the collateral.
(f) Certificates of deposit, savings accounts, deposit accounts or money market
deposits which are fully insured by FDIC, including BIF and SAIF, which may include those of
the Trustee and its affiliates.
(h) Commercial paper rated, at the time of purchase, “Prime - 1” by Moody’s and “A-
1” or better by S&P.
(i) Bonds or notes issued by any state or municipality which are rated by Moody’s and
S&P in one of the two highest rating categories assigned by such agencies.
(j) Federal funds or bankers acceptances with a maximum term of one year of any bank
which has an unsecured, uninsured and unguaranteed obligation rating of “Prime - 1” or “A3” or
better by Moody’s and “A-1” or “A” or better by S&P, which may include the Trustee and its
affiliates.
(l) Any state administered pooled investment fund in which the City is statutorily
permitted or required to invest including, but not limited to, the Local Agency Investment Fund in
the treasury of the State.
(m) Investment Trust of California (CalTRUST).
(n) Repurchase agreements which have a maximum maturity of 30 days and are fully
secured at or greater than 102% of the market value plus accrued interest by obligations of the
United States Government, its agencies and instrumentalities, including limited to the following:
(i) the Federal Home Loan Bank Board (“FHLB”); (ii) the Federal Home Loan Mortgage
Corporation (“FHLMC”); (iii) the Federal National Mortgage Association (FNMA); (iv) Federal
Farm Credit Bank (“FFCB”); and (v) guaranteed portions of Small Business Administration
(“SBA”).
(o) Investment agreements and guaranteed investment contracts with issuers having a
long-term debt rating of at least “AA-” or “Aa3” by S&P or Moody’s, respectively.
(p) Deposits with the Local Agency Investment Fund (LAIF) of the State. DRAFT462
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(q) Corporate obligations issued by corporations organized and operating within the
United States or by depository institutions licensed by the United States or any state and operating
within the United States having a long-term debt rating of at least “AA-” or “Aa3” by S&P or
Moody’s, respectively.
“Pledged Tax Revenues” means an amount of Pension Tax Override Revenues sufficient
to pay debt service on Bonds representing the Secured Amount.
“Pre-Proposition 13 Pension Liability” means employee retirement benefits at a level not
in excess of the retirement benefits in existence prior to July 1, 1978 under the PERS Contract.
“Principal Amount” means the principal amount thereof.
“Principal Payment Date” means each June 15 on which principal is due on the Bonds.
“Rating Agencies” means Fitch, Moody’s and S&P, but in each case only to the extent
that such Rating Agency is then rating the Bonds at the request of the City.
“Record Date” means the first day (whether or not such day is a Business Day) of the
month of each Interest Payment Date.
“Redemption Fund” means the fund by that name established and held by the Trustee
pursuant to Section 5.06 hereof.
“Refunding Fund” means the fund by that name established and held by the Trustee
pursuant to Section 2.30 hereof.
“Representation Letter” means the Letter of Representations from the City to DTC, or
any successor Securities Depository for the Bonds, in which the City makes certain representations
with respect to issues of its securities for deposit by DTC or such successor depository.
“Retirement Law” means the Public Employees’ Retirement Law, commencing with
Section 20000 of the California Government Code.
“Secured Amount” means debt service on an amount of Bonds (including a pro rata share
of Costs of Issuance) the proceeds of which have been used to fund Pre-Proposition 13 Pension
Liability. The Secured Amount shall be determined at the time of issuance of any Series of Bonds
hereunder; and if less than all of the proceeds of a Series of Bonds issued hereunder are used to
fund Pre-Proposition 13 Pension Liability, then the Secured Amount shall be amortized on a pro
rata basis with respect to the payment of debt service on such Series of Bonds.
“S&P” means S&P Global Ratings, a division of Standard & Poor’s Financial Services
LLC, a corporation organized and existing under the laws of the State of New York, and its
successors or assigns, except that if such entity shall be dissolved or liquidated or shall no longer
perform the functions of a municipal securities rating agency, then the term “Standard & Poor’s”
shall be deemed to refer to any other nationally recognized municipal securities rating agency
selected by the City. DRAFT463
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“Securities Depository” means DTC and its successors and assigns or any other securities
depository selected by the City which agrees to follow the procedures required to be followed by
such securities depository in connection with the Bonds that are in book-entry form.
“Series” means all of the Bonds designated as being within a certain series, regardless of
variations in maturity date, interest rate, redemption and other provisions, and any Bonds thereafter
issued in transfer or exchange for such Bonds pursuant to this Trust Agreement.
“Series 2020 Bonds” means the City of Huntington Beach Taxable Pension Obligation
Bonds, Series 2020, issued hereunder.
“Service Charges” means (a) the regularly scheduled fees and charges payable by the City
to the Trustee hereunder, (b) ordinary fees and charges payable to a Rating Agency for its rating
of the Bonds, and (c) other ordinary fees and charges payable by the City to a third party for
administrative services with respect to the Bonds.
“State” means the State of California.
“Supplemental Trust Agreement” means any supplemental trust agreement amendatory
of or supplemental to this Trust Agreement, but only if and to the extent that such supplemental
trust agreement is specifically authorized hereunder.
“System” means the California Public Employees’ Retirement System.
“Term Bonds” means Bonds which are payable on or before their specified maturity dates
from sinking fund payments established for that purpose and calculated to retire such Bonds on or
before their specified maturity dates.
“Trust Agreement” means this Trust Agreement, dated as of __________ 1, 2020, by and
between the City and the Trustee, as originally executed and as it may from time to time be
amended or supplemented by one or more Supplemental Trust Agreements.
“Trustee” means U.S. Bank National Association, a national banking association
organized and existing under the laws of the United States of America, or any successor thereto as
Trustee hereunder, appointed as provided herein.
“Written Certificate” and “Written Request” of the City mean, respectively, a written
certificate or written request signed in the name of the City by an Authorized Officer. Any such
certificate or request may, but need not, be combined in a single instrument with any other
instrument, opinion or representation, and the two or more so combined shall be read and construed
as a single instrument.
Section 1.02. Trust Agreement Constitutes Contract. In consideration of the
acceptance of the Bonds by the Owners thereof, the Trust Agreement shall be deemed to be and
shall constitute a contract among the City, the Trustee and the Owners from time to time of all
Bonds authorized, executed, issued and delivered hereunder and then Outstanding to provide for
the payment of the interest on and principal of and redemption premiums, if any, on all Bonds
which may from time to time be authorized, executed, issued and delivered hereunder, subject to DRAFT464
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the agreements, conditions, covenants and provisions contained herein; and all agreements and
covenants set forth herein to be performed by or on behalf of the City shall be for the equal and
proportionate benefit, protection and security of all Owners of the Bonds without distinction,
preference or priority as to security or otherwise of any Bonds over any other Bonds by reason of
the number or date thereof or the time of authorization, sale, execution, issuance or delivery thereof
or for any cause whatsoever, except as expressly provided herein or therein. DRAFT465
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4130-0730-6528.2
ARTICLE II
GENERAL BOND PROVISIONS; SERIES 2020 BONDS
Section 2.01. Nature of Obligation under Bonds. The obligations of the City under the
Bonds, including the obligation to make all payments of interest and principal when due, are
obligations of the City imposed by law and are absolute and unconditional, without any right of
set-off or counterclaim. Except to the extent of the Pension Tax Override as provided herein, the
Bonds do not constitute an obligation of the City for which the City is obligated to levy or pledge
any form of taxation. Neither the Bonds nor the obligation of the City to make payments on the
Bonds constitute an indebtedness of the City, the State, or any of its political subdivisions within
the meaning of any constitutional or statutory debt limitation or restriction.
Section 2.02. Authorization and Terms of the Series 2020 Bonds. (a) The City has
reviewed all proceedings heretofore taken relative to the authorization of the Series 2020 Bonds
and has found, as a result of such review, and hereby finds and determines that all acts, conditions
and things required by law to exist, to have happened and to have been performed precedent to
and in the issuance of the Series 2020 Bonds do exist, have happened and have been performed in
due time, form and manner as required by law, and that the City is now duly authorized, pursuant
to each and every requirement of the Act, to issue the Series 2020 Bonds in the form and manner
and for the purpose provided herein and that the Series 2020 Bonds shall be entitled to the benefit,
protection and security of the provisions hereof.
(b) The Series 2020 Bonds shall be designated “City of Huntington Beach
Taxable Pension Obligation Bonds, Series 2020.” The aggregate principal amount of Series 2020
Bonds that may be issued and Outstanding under this Trust Agreement shall not exceed
$___________, except as may be otherwise provided in Section 2.09 hereof. The Series 2020
Bonds shall be dated the date of original delivery, shall be issued only in fully registered form in
Authorized Denominations, and shall mature on the dates and in the principal amounts and bear
interest at the rates as set forth in the following schedule:
Maturity Date
June 15
Principal
Amount
Interest
Rate
The Series 2020 Bonds shall bear interest at the rates (based on a 360-day year of twelve
30-day months) set forth above, payable on the Interest Payment Dates for the Series 2020 Bonds.
The Series 2020 Bonds shall bear interest from the Interest Payment Date next preceding the date
of authentication thereof, unless (i) a Series 2020 Bond is authenticated on or before an Interest DRAFT466
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Payment Date and after the close of business on the preceding Record Date, in which event it shall
bear interest from such Interest Payment Date, or (ii) a Series 2020 Bond is authenticated on or
before the first Record Date, in which event interest thereon shall be payable from the dated date
thereof; provided, however, that if at the time of authentication of any Series 2020 Bond interest
is then in default on the Outstanding Series 2020 Bonds, such Series 2020 Bond shall bear interest
from the Interest Payment Date to which interest has previously been paid or made available for
payment on the Outstanding Series 2020 Bonds. Payment of interest on the Series 2020 Bonds
due on or before the maturity or prior redemption thereof shall be made to the person whose name
appears in the registration books kept by the Trustee pursuant to Section 2.08 hereof as the Owner
thereof as of the close of business on the Record Date for an Interest Payment Date, whether or
not such day is a Business Day, such interest to be paid by check mailed on the Interest Payment
Date by first-class mail to such Owner at the address as it appears in such books; provided that
upon the written request of an Owner of $1,000,000 or more in aggregate principal amount of
Series 2020 Bonds received by the Trustee prior to the applicable Record Date, interest shall be
paid by wire transfer in immediately available funds. Any such written request shall remain in
effect until rescinded in writing by the Owner.
The principal of the Series 2020 Bonds shall be payable in lawful money of the United
States of America at the Corporate Trust Office of the Trustee. Payment of the principal of the
Series 2020 Bonds shall be made upon the surrender thereof at maturity or on redemption prior to
maturity at the Corporate Trust Office of the Trustee.
Section 2.03. Procedure for the Issuance of Series 2020 Bonds; Application of Series
2020 Bond Proceeds. At any time after the sale of the Series 2020 Bonds in accordance with the
Act, the City shall execute the Series 2020 Bonds for issuance hereunder and shall deliver them to
the Trustee, and thereupon the Series 2020 Bonds shall be authenticated and delivered by the
Trustee to the purchaser thereof upon the Written Request of the City and upon receipt of payment
therefor from the purchaser thereof. Upon receipt of payment for the Series 2020 Bonds from the
purchaser thereof, the Trustee shall set aside and deposit the proceeds received from such sale in
the following respective accounts or funds or with the following respective persons, in the
following order of priority:
(a) The Trustee shall deposit $_______ of the Series 2020 Bond proceeds in
the Refunding Fund, which fund is hereby established. On the Closing Date, the Trustee shall
promptly transfer all amounts in the Refunding Fund to the System. Thereafter, except as may be
provided in a Supplemental Trust Agreement, the Refunding Fund shall be closed.
(b) The Trustee shall deposit $________ in the Costs of Issuance Fund, which
fund is hereby created and which fund the City hereby agrees to maintain with the Trustee until
six months following the Closing Date. All money in the Costs of Issuance Fund shall be used
and withdrawn by the Trustee to pay or reimburse the Costs of Issuance of the Series 2020 Bonds
upon receipt of a Written Request of the City filed with the Trustee, each of which shall be
sequentially numbered and shall state the person to whom payment is to be made, the amount to
be paid, the purpose for which the obligation was incurred and that such payment is a proper charge
against said fund. On the date which is six months following the Closing Date for the Series 2020
Bonds or upon the earlier Written Request of the City, any remaining balance in the Costs of DRAFT467
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Issuance Fund shall be transferred to the Bond Fund. Thereafter, except as may be provided in a
Supplemental Trust Agreement, the Costs of Issuance Fund shall be closed.
Section 2.04. Form of Bonds. The Series 2020 Bonds and the authentication endorsement
and assignment to appear thereon shall be substantially in the form set forth in Exhibit A attached
hereto.
Section 2.05. Execution of Bonds. The Mayor of the City is hereby authorized and
directed to execute each of the Bonds on behalf of the City and the City Clerk of the City is hereby
authorized and directed to countersign each of the Bonds on behalf of the City. The signatures of
such officers of the City may be by printed, lithographed, engraved or otherwise reproduced by
facsimile reproduction. In case any officer whose signature appears on the Bonds shall cease to
be such officer before the delivery of the Bonds to the purchaser thereof, such signature shall
nevertheless be valid and sufficient for all purposes as if such officer had remained in office until
such delivery of the Bonds.
Only those Bonds bearing thereon a certificate of authentication in the form hereinbefore
recited, executed manually and dated by the Trustee, shall be entitled to any benefit, protection or
security hereunder or be valid or obligatory for any purpose, and such certificate of the Trustee
shall be conclusive evidence that the Bonds so authenticated have been duly authorized, executed,
issued and delivered hereunder and are entitled to the benefit, protection and security hereof.
Section 2.06. Transfer of Bonds. Any Bond may, in accordance with its terms, be
transferred in the books required to be kept pursuant to the provisions of Section 2.08 by the person
in whose name it is registered, in person or by such person’s duly authorized attorney, upon
surrender of such Bond for cancellation at the Corporate Trust Office of the Trustee accompanied
by delivery of a duly executed written instrument of transfer in a form acceptable to the Trustee;
provided, however, that the Trustee shall require the payment by the Owner requesting such
transfer of any tax or other governmental charge required to be paid with respect to such transfer
as a condition precedent to the exercise of such privilege; and provided further, that the Trustee
may refuse to transfer any Bonds during the 15 day period prior to the date established by the
Trustee for the selection of Bonds for redemption, or to transfer any Bonds selected by the Trustee
for redemption. Whenever any Bond shall be surrendered for transfer, the City shall execute and
the Trustee shall authenticate and deliver to the transferee a new Bond or Bonds of the same Series
of Bonds and maturity of Authorized Denominations equal to the Principal Amount.
The City and the Trustee may deem and treat the Owner of any Bond as the absolute owner
of such Bond for the purpose of receiving payment thereof and for all other purposes, whether
such Bond shall be overdue or not, and neither the City nor the Trustee shall be affected by any
notice or knowledge to the contrary; and payment of the principal or redemption price of and the
interest due on such Bond shall be made only to such Owner, which payments shall be valid and
effectual to satisfy and discharge liability on such Bond to the extent of the sum or sums so paid.
The cost of preparing the Bonds and any services rendered or expenses incurred by the
Trustee in connection with any transfer of the Bonds shall be paid by the City. DRAFT468
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Section 2.07. Exchange of Bonds. Any Bond may, in accordance with its terms, be
exchanged at the Corporate Trust Office of the Trustee for a new Bond or Bonds of the same Series
of Bonds and maturity of Authorized Denominations equal to the Principal Amount of the Bond
surrendered; provided, however, that the Trustee shall require the payment by the Owner
requesting such exchange of any tax or other governmental charge required to be paid with respect
to such exchange as a condition precedent to the exercise of such privilege; and provided, further,
that the Trustee may refuse to exchange any Bonds during the 15 day period prior to the date
established by the Trustee for the selection of Bonds for redemption, or to exchange any Bonds
selected by the Trustee for redemption.
The cost of preparing the Bonds and any services rendered or expenses incurred by the
Trustee in connection with any exchange shall be paid by the City.
Section 2.08. Bond Registration Books. The Trustee shall keep at its Corporate Trust
Office sufficient books for the registration and transfer of the Bonds which shall during normal
business hours with reasonable notice be open to inspection by the City, and upon presentation for
such purpose the Trustee shall, under such reasonable regulations as it may prescribe, register or
transfer the Bonds in such books as hereinabove provided.
Section 2.09. Mutilated, Destroyed, Stolen or Lost Bonds. If any Bond shall become
mutilated, the Trustee, at the expense of the Owner, shall thereupon authenticate and deliver a new
Bond or Bonds of the same Series of Bonds and maturity of Authorized Denominations equal in
aggregate Principal Amount to the Bond so mutilated in exchange and substitution for the Bond
so mutilated, but only upon surrender to the Trustee of the Bond so mutilated, and every mutilated
Bond so surrendered to the Trustee shall be cancelled.
If any Bond shall be lost, destroyed or stolen, evidence of such loss, destruction or theft
may be submitted to the Trustee and, if such evidence be satisfactory to the Trustee and indemnity
satisfactory to the Trustee shall be given, the Trustee, at the expense of the Owner, shall thereupon
authenticate and deliver a new Bond of the same Series of Bonds and maturity of authorized
denominations equal in aggregate Principal Amount to the Bond so lost, destroyed or stolen in lieu
of and in substitution for the Bond so lost, destroyed or stolen.
The Trustee may require payment of a reasonable sum for each new Bond delivered under
this Section and of the expenses which may be incurred by the City and the Trustee in the premises.
Any Bond delivered under the provisions of this Section in lieu of any Bond alleged to be lost,
destroyed or stolen shall be equally and proportionately entitled to the benefits hereof with all other
Bonds secured hereby, and neither the City nor the Trustee shall be required to treat both the
original Bond and any replacement Bond as being Outstanding for the purpose of determining the
principal amount of Bonds which may be issued hereunder or for the purpose of determining any
percentage of Bonds Outstanding hereunder, but both the original and replacement Bond shall be
treated as one and the same.
Section 2.10. Temporary Bonds. The Bonds issued hereunder may be initially issued in
temporary form exchangeable for definitive Bonds when ready for delivery, which temporary
Bonds may be printed, lithographed or typewritten, shall be of such denominations as may be
determined by the City, shall be in fully registered form and may contain such reference to any of DRAFT469
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4130-0730-6528.2
the provisions hereof as may be appropriate. Every temporary Bond shall be executed and
authenticated as authorized by the City in accordance with the terms hereof. If the City issues
temporary Bonds it will execute and furnish definitive Bonds without delay and thereupon the
temporary Bonds may be surrendered, for cancellation, in exchange therefor at the Corporate Trust
Office of the Trustee, and the Trustee shall deliver in exchange for such temporary Bonds
definitive Bonds. Until so exchanged, the temporary Bonds shall be entitled to the same benefits
hereunder as definitive Bonds delivered hereunder.
Section 2.11. Book-Entry System for the Series 2020 Bonds. (a) Except as otherwise
provided in subsections (b) and (c) of this Section, the Series 2020 Bonds shall initially be issued
in the form of a single authenticated fully registered bond for each Principal Payment Date of the
Series 2020 Bonds, and shall be registered in the name of Cede & Co., as nominee for DTC, or
such other nominee as DTC shall request pursuant to the Representation Letter. Payment of the
interest on any Series 2020 Bond registered in the name of Cede & Co. shall be made on each
Interest Payment Date for such Series 2020 Bonds to the account, in the manner and at the address
indicated in or pursuant to the Representation Letter.
(b) The Trustee and the City may treat DTC (or its nominee) as the sole and
exclusive owner of the Series 2020 Bonds registered in its name for the purposes of payment of
the principal or redemption price of and the interest on such Series 2020 Bonds, selecting the Series
2020 Bonds or portions thereof to be redeemed, giving any notice permitted or required to be given
to Owners hereunder, registering the transfer of the Series 2020 Bonds, obtaining any consent or
other action to be taken by Owners of the Series 2020 Bonds and for all other purposes whatsoever,
and neither the Trustee nor the City shall be affected by any notice to the contrary. Neither the
Trustee nor the City shall have any responsibility or obligation to any Participant (which shall
mean, for purposes of this Section, securities brokers and dealers, banks, trust companies, clearing
corporations and other entities, some of whom directly or indirectly own DTC), any person
claiming a beneficial ownership interest in the Series 2020 Bonds under or through DTC or any
Participant, or any other person which is not shown on the registration records as being an Owner,
with respect to (i) the accuracy of any records maintained by DTC or any Participant, (ii) the
payment by DTC or any Participant of any amount in respect of the principal or redemption price
of or the interest on any of the Series 2020 Bonds, (iii) any notice which is permitted or required
to be given to Owners of Series 2020 Bonds hereunder, or (iv) any consent given or other action
taken by DTC as Owner of Series 2020 Bonds. The Trustee shall pay the principal or redemption
price of and the interest on the Series 2020 Bonds only at the times, to the accounts, at the addresses
and otherwise in accordance with the Representation Letter, and all such payments shall be valid
and effective to satisfy fully and discharge the City’s obligations with respect to the Series 2020
Bonds to the extent of the sum or sums so paid. Upon delivery by DTC to the Trustee of written
notice to the effect that DTC has determined to substitute a new nominee in place of its then
existing nominee, the Series 2020 Bonds will be transferable to such new nominee in accordance
with subsection (f) of this Section.
(c) In the event that the City determines that it is in the best interests of the
Beneficial Owners of the Series 2020 Bonds that they be able to obtain definitive Series 2020
Bonds, the Trustee shall, upon receipt of a Written Request of the City, so notify DTC, whereupon
DTC shall notify the Participants of the availability through DTC of definitive Series 2020 Bonds,
and in such event the Series 2020 Bonds shall be transferable in accordance with subsection (f) of DRAFT470
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4130-0730-6528.2
this Section. DTC may determine to discontinue providing its services with respect to the Series
2020 Bonds at any time by giving written notice of such discontinuance to the Trustee or the City
and discharging its responsibilities with respect thereto under applicable law, and in such event
the Series 2020 Bonds shall be transferable in accordance with subsection (f) of this Section.
Whenever DTC requests the Trustee or the City to do so, the Trustee and the City will cooperate
with DTC in taking appropriate action after reasonable notice to arrange for another Securities
Depository to maintain custody of all certificates evidencing the Series 2020 Bonds then
Outstanding, and in such event the Series 2020 Bonds shall be transferable to such Securities
Depository in accordance with subsection (f) of this Section, and thereafter, all references in the
Trust Agreement to DTC or its nominee shall be deemed to refer to such successor Securities
Depository and its nominee, as appropriate.
(d) Notwithstanding any other provision hereof to the contrary, so long as all
Series 2020 Bonds Outstanding are registered in the name of any nominee of DTC, all payments
with respect to the principal or redemption price of and the interest on each such Series 2020 Bond
and all notices with respect to each such Series 2020 Bond shall be made and given, respectively,
to DTC as provided in the Representation Letter.
(e) The Trustee and the City are each hereby authorized and requested to
execute and deliver the Representation Letter and, in connection with any successor nominee for
DTC or any successor depository, enter into comparable arrangements, and shall have the same
rights with respect to its actions thereunder as it has with respect to its actions hereunder.
(f) In the event that any transfer or exchange of Series 2020 Bonds is authorized
under subsection (b) or (c) of this Section, such transfer or exchange shall be accomplished upon
receipt by the Trustee from the registered owner thereof of the Series 2020 Bonds to be transferred
or exchanged and appropriate instruments of transfer to the permitted transferee, all in accordance
with the applicable provisions of Sections 2.08 and 2.09 hereof. In the event that definitive Series
2020 Bonds are issued to Owners other than Cede & Co., its successor as nominee for DTC as
Owner of all the Series 2020 Bonds, another Securities Depository as holder of all the Series 2020
Bonds, or the nominee of such successor Securities Depository, the provisions of Sections 2.06
and 2.07 hereof shall also apply to, among other things, the registration, exchange and transfer of
the Series 2020 Bonds and the method of payment of the principal or redemption price of and the
interest on the Series 2020 Bonds.
Section 2.12. Validity of Bonds. The recital contained in the Bonds that the same are
issued pursuant to the Act and pursuant hereto shall be conclusive evidence of their validity and
of the regularity of their issuance, and all Bonds shall be incontestable from and after their
issuance. The Bonds shall be deemed to be issued, within the meaning hereof, upon delivery of
the definitive Bonds (or any temporary Bonds exchangeable therefor) and the proceeds of sale
thereof received. DRAFT471
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4130-0730-6528.2
ARTICLE III
REDEMPTION OF SERIES 2020 BONDS
Section 3.01. Redemption of Series 2020 Bonds. (a) Optional Redemption. The Series
2020 Bonds are subject to optional redemption prior to their maturity at the option of the City, in
whole or in part, on any date on or after June 15, 20__, from any source of available funds, at a
redemption price equal to 100% of principal amount of the Series 2020 Bonds to be redeemed,
plus accrued interest thereon to the date of redemption, without premium.
The City shall give the Trustee written notice of its intention to redeem Series 2020 Bonds
pursuant to this subsection not less than 45 days prior to the applicable redemption date, unless
such notice shall be waived by the Trustee.
(b) Mandatory Sinking Fund Redemption. The Series 2020 Bonds maturing on
June 15, 20__ shall be subject to mandatory sinking fund redemption, in part (as described in
Section 3.02), on June 15 in each year, commencing June 15, 20__, at a redemption price equal to
100% of the principal amount of the Series 2020 Bonds to be redeemed, without premium, plus
accrued interest thereon to the date of redemption, in the aggregate respective principal amounts
in the respective years as follows:
Sinking Fund
Redemption Date
(June 15)
Principal Amount
to be Redeemed
20__ (Maturity)
(c) The Series 2020 Bonds maturing on June 15, 20__ shall be subject to
mandatory sinking fund redemption, in part (as described in Section 3.02), on June 15 in each year,
commencing June 15, 20__, at a redemption price equal to 100% of the principal amount of the
Series 2020 Bonds to be redeemed, without premium, plus accrued interest thereon to the date of
redemption, in the aggregate respective principal amounts in the respective years as follows:
Sinking Fund
Redemption Date
(June 15)
Principal Amount
to be Redeemed
20__ (Maturity)
DRAFT472
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4130-0730-6528.2
Section 3.02. Selection of Series 2020 Bonds for Redemption. Redemption payments
on the Series 2020 Bonds being redeemed in part will be made in Authorized Denominations from
among maturities as the City shall direct the Trustee in writing or on a pro rata basis to each Owner
in whose name such Series 2020 Bonds are registered on the Record Date immediately preceding
a redemption date. “Pro rata” is determined, in connection with any mandatory sinking fund
redemption or any optional redemption, in part, by multiplying the principal amount of the Series
2020 Bonds of such maturity to be redeemed on the applicable redemption date by a fraction, the
numerator of which is equal to the principal amount of the Series 2020 Bonds of such maturity
owned by an Owner, and the denominator of which is equal to the total amount of the Series 2020
Bonds of such maturity then Outstanding immediately prior to such redemption date, and then
rounding the product down to the next lower integral multiple of $5,000, provided that the portion
of any Series 2020 Bonds to be redeemed shall be in Authorized Denominations and all Series
2020 Bonds of a maturity to remain outstanding following any redemption shall be in Authorized
Denominations.
So long as there is a Securities Depository for the Series 2020 Bonds, there will be only
one registered Owner and neither the City nor the Trustee will have responsibility for prorating
partial redemptions among beneficial owners of the Series 2020 Bonds.
Section 3.03. Notice of Redemption. Notice of redemption shall be mailed by first-class
mail by the Trustee, not less than 20 nor more than 60 days prior to the redemption date to the
respective Owners of the Bonds designated for redemption at their addresses appearing on the
registration books of the Trustee. Each notice of redemption shall state the date of such notice,
the redemption price, if any, (including the name and appropriate address of the Trustee), the
CUSIP number (if any) and ISIN number (if any) of the maturity or maturities, and, if less than all
of any such maturity is to be redeemed, the distinctive certificate numbers of the Bonds of such
maturity, to be redeemed and, in the case of Bonds to be redeemed in part only, the respective
portions of the principal amount thereof to be redeemed. Each such notice shall also state that on
said date there will become due and payable on each of said Bonds the redemption price, if any,
thereof and in the case of a Bond to be redeemed in part only, the specified portion of the principal
amount thereof to be redeemed, together with interest accrued thereon to the redemption date, and
that from and after such redemption date interest thereon shall cease to accrue, and shall require
that such Bonds be then surrendered at the address of the Trustee specified in the redemption
notice; provided, however, that any such notice of redemption may be cancelled and annulled by
a Written Request of the City given to the Trustee at least five days prior to the date fixed for
redemption, whereupon the Trustee shall forthwith give appropriate notice of such cancellation
and annulment to all the recipients of such notice of redemption. The failure of any Owner to
receive notice pursuant to this Section or any defect therein shall not invalidate any of the
proceedings taken in connection with such redemption.
If notice of redemption has been duly given as aforesaid and money for the payment of the
redemption price of the Bonds called for redemption is held by the Trustee, then on the redemption
date designated in such notice Bonds so called for redemption shall become due and payable, and
from and after the date so designated interest on such Bonds shall cease to accrue, and the Owners
of such Bonds shall have no rights in respect thereof except to receive payment of the redemption
price thereof. DRAFT473
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4130-0730-6528.2
All Bonds redeemed pursuant to the provisions of this Section shall be cancelled by the
Trustee and shall be destroyed with a certificate of destruction furnished to the City and shall not
be reissued. DRAFT474
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4130-0730-6528.2
ARTICLE IV
ADDITIONAL BONDS
Section 4.01. Conditions for the Issuance of Additional Bonds. The City may at any
time issue Additional Bonds on a parity with the Series 2020 Bonds, but only subject to the
following specific conditions, which are hereby made conditions precedent to the issuance of any
such Additional Bonds:
(a) The City shall be in compliance with all agreements and covenants
contained herein.
(b) The issuance of such Additional Bonds shall have been authorized pursuant
to the Act and shall have been provided for by a Supplemental Trust Agreement which shall specify
the following:
(i) The purpose for which such Additional Bonds are to be issued; provided
that such Additional Bonds shall be applied solely for (i) the purpose of satisfying any
obligation of the City to make payments to the System pursuant to the Retirement Law
relating to pension benefits accruing to the System’s members, and/or for payment of all
costs incidental to or connected with the issuance of Additional Bonds for such purpose,
and/or (ii) the purpose of refunding any Bonds then Outstanding, including payment of all
costs incidental to or connected with such refunding;
(ii) The authorized principal amount and designation of such Additional Bonds;
(iii) The date and the maturity dates of and the sinking fund payment dates, if
any, for such Additional Bonds;
(iv) The interest payment dates and principal payment dates for such Additional
Bonds;
(v) The denomination or denominations of and method of numbering such
Additional Bonds;
(vi) The redemption premiums, if any, and the redemption terms, if any, for such
Additional Bonds;
(vii) The amount, if any, to be deposited from the proceeds of sale of such
Additional Bonds in the Bond Fund;
(viii) Any repayment provisions including, without limitation, for reasonable
expenses, including attorneys’ fees and expenses, and proportionate consent rights,
proportionate or Series specific rights with respect to the direction of remedies, rights of
subrogation to the rights of such Owners to receive the amount of principal of and interest
on such Additional Bonds from the City, and notice provisions required in order to secure
municipal bond insurance for such Additional Bonds as the City determines will be
advantageous to the City; and DRAFT475
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(ix) Such other provisions (including the requirements of a book-entry Bond
registration system, if any) as are necessary or appropriate and not inconsistent herewith.
Section 4.02. Procedure for the Issuance of Additional Bonds. At any time after the
sale of any Additional Bonds in accordance with the Act, the City shall execute such Additional
Bonds for issuance hereunder and shall deliver them to the Trustee, and thereupon such Additional
Bonds shall be delivered by the Trustee to the purchaser thereof upon the Written Request of the
City, but only upon receipt by the Trustee of the following documents or money or securities, all
of such documents dated or certified, as the case may be, as of the date of delivery of such
Additional Bonds by the Trustee:
(a) An executed copy of the Supplemental Trust Agreement authorizing the
issuance of such Additional Bonds;
(b) A Written Request of the City as to the delivery of such Additional Bonds;
(c) An Opinion of Counsel to the effect that (i) the City has executed and
delivered the Supplemental Trust Agreement, and the Supplemental Trust Agreement is valid and
binding upon the City, and (ii) such Additional Bonds are valid and binding obligations of the
City;
(d) A Written Certificate of the City stating that all requirements of this Article
have been complied with and containing any other such statements as may be reasonably necessary
to show compliance with the conditions for the issuance of such Additional Bonds contained
herein; and
(e) Such further documents, money or securities as are required by the
provisions of the Supplemental Trust Agreement providing for the issuance of such Additional
Bonds. DRAFT476
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4130-0730-6528.2
ARTICLE V
PLEDGE; FUNDS
Section 5.01. Pledge. In order to meet the City’s obligations under the Retirement Law,
the City shall deposit or cause to be deposited with the Trustee for deposit into the Bond Fund on
or before the dates specified in Section 5.02 (or such other dates as provided in a Supplemental
Trust Agreement) the amount which, together with moneys transferred pursuant to Section 5.03(c)
hereof, is sufficient to pay the City’s debt service obligations on the Bonds. Subject only to the
provisions of this Trust Agreement permitting the application thereof for the purposes and on the
terms and conditions set forth herein, all of the amounts held in the Bond Fund are hereby pledged
by the City to secure the payment of the principal or redemption price of and interest on the Bonds
in accordance with their terms, the provisions of this Trust Agreement and the Act. Said pledge
shall constitute a first lien on such assets.
Section 5.02. Bond Fund. (a) The Trustee shall establish and maintain a special fund
designated the “Bond Fund.”
(b) The City agrees and covenants that, not later than 15 days prior to each
Interest Payment Date, it will transfer to the Trustee an amount which, together with the amount
then on deposit in the Bond Fund, will equal the amount of the principal of and interest on the
Bonds coming due on such Interest Payment Date. The Trustee shall, upon receipt of the amount
required to be transferred by the City pursuant to this subsection, deposit such amount in the Bond
Fund.
(c) In the event that, on the first Business Day of the month of each Interest
Payment Date, amounts in the Bond Fund are insufficient to pay the principal, if any, of and interest
on the Bonds due and payable on such Interest Payment Date, the Trustee shall immediately notify
the City and the Bond Insurer, if any, of the amount of such insufficiency. Upon being so notified,
the City shall, prior to the close of business on the Business Day immediately preceding such
Interest Payment Date, deliver or cause to be delivered to the Trustee immediately available funds
in an amount equal to the amount of such insufficiency. Immediately upon receipt thereof, the
Trustee shall deposit such funds in the Bond Fund.
(d) On each Interest Payment Date, the Trustee shall withdraw from the Bond
Fund for payment to the Owners of the Bonds the principal, if any, of and interest on the Bonds
then due and payable. If there are insufficient funds in the Bond Fund to pay the principal, if any,
of and interest on the Bonds, the Trustee shall apply the available funds first to the payment of
interest on the Bonds, then to the payment of principal of the Bonds.
Section 5.03. Pledge of Pledged Tax Revenues; Establishment of Pension Tax
Override Fund and Transfers Therefrom. (a) Subject only to the provisions of this Trust
Agreement permitting the application thereof for the purposes and on the terms and conditions set
forth herein, all of the Pledged Tax Revenues are hereby irrevocably pledged to secure the payment
of the principal or redemption price of and interest on the Bonds in accordance with their terms,
the provisions of this Trust Agreement and the Act, and the Pledged Tax Revenues shall not be
used for any other purpose while any of the Bonds remain Outstanding; subject to the provisions DRAFT477
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4130-0730-6528.2
of this Trust Agreement permitting the release of such Pledged Tax Revenues from such pledge.
This pledge shall constitute a first lien on the Pledged Tax Revenues for the payment of the Bonds
in accordance with the terms thereof. All the Pledged Tax Revenues, together with any interest
earned thereon, shall, so long as any Bonds shall be Outstanding hereunder, be transferred by the
City immediately upon receipt to the Trustee for deposit in the “Pension Tax Override Fund”
(hereinafter called the “Pension Tax Override Fund”), which Fund is hereby created by the City
and shall be maintained with the Trustee so long as any Bonds remain Outstanding. All Pledged
Tax Revenues, when and as received by the City, will be immediately transferred by the City to
the Trustee and held in trust in the Pension Tax Override Fund, and the City shall have no
beneficial right or interest in any of such money, except only as provided in this Trust Agreement.
All such Pledged Tax Revenues, whether received by the City in trust or deposited with the
Trustee, shall be accounted for separately and apart from all other money, funds, accounts or other
resources of the City.
(b) Notwithstanding the foregoing pledge and deposit requirements of
subsection (a) of this Section, the City shall not be required to deposit any Pledged Tax Revenues
with the Trustee in the Pension Tax Override Fund if the City is in compliance with the
requirements of Section 5.02 hereof; and the Pledged Tax Revenues may be used by the City as
provided in the Pension Tax Override Authorization.
(c) Not later than 15 days prior to each Interest Payment Date, the Trustee shall
transfer an amount from the Pension Tax Override Fund to the Bond Fund not greater than the
principal of and interest on the Bonds coming due on such Interest Payment Date in accordance
with Section 5.02.] After making the transfer required for the December 15 Interest Payment Date
by this subsection (c), the Trustee shall transfer all remaining funds then on deposit in the Pension
Tax Override Fund to the City and the City shall apply such funds as provided in the Pension Tax
Override Authorization.
Section 5.04. Pension Liability Management Fund. (a) The Trustee shall establish and
maintain a special fund designated the “Pension Liability Management Fund.”
(b) At its sole option, the City may make deposits into the Pension Liability
Management Fund at any time. Amounts in the Pension Liability Management Fund shall, as
specified in a Written Request of the City (i) be transferred by the Trustee to the Bond Fund to pay
principal of and interest on the Bonds, (ii) be transferred by the Trustee to the Redemption Fund
to pay the redemption price of Bonds optionally redeemed pursuant to the provisions hereof, or
(iii) be transferred to the City and applied by the City to pension funding costs; amounts in the
Pension Liability Management Fund shall not be used for any other purpose.
Section 5.05. Administrative Expense Fund. (a) The Trustee shall establish and
maintain a special fund designated the “Administrative Expense Fund.”
(b) [The City agrees and covenants that, not later than July 31 of each year], it
will transfer to the Trustee an amount which, together with the amount then on deposit in the
Administrative Expense Fund, will equal the amount of the Service Charges reasonably estimated
by the City to be coming due in the then current Fiscal Year and in July of the following Fiscal DRAFT478
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Year. The Trustee shall, upon receipt of the amount required to be transferred by the City pursuant
to this subsection, deposit such amount in the Administrative Expense Fund.
(c) Money in the Administrative Expense Fund shall be used and withdrawn by
the Trustee to pay Service Charges upon receipt of a Written Request of the City filed with the
Trustee, each of which shall state the person to whom payment is to be made, the amount to be
paid, the purpose for which the obligation was incurred and that such payment is a proper charge
against the Administrative Expense Fund.
Section 5.06. Redemption Fund. (a) The Trustee shall establish and maintain a special
fund designated the “Redemption Fund.”
(b) The Trustee shall deposit in the Redemption Fund amounts received from
the City in connection with the City’s exercise of its rights to optionally redeem Bonds pursuant
to the provisions hereof.
(c) Amounts in the Redemption Fund shall be disbursed therefrom for the
payment of the redemption price of Bonds redeemed pursuant to the provisions hereof.
Section 5.07. Deposit and Investments of Money in Funds. All money held by the
Trustee in any of the funds established pursuant hereto shall be invested in Permitted Investments
at the Written Request of the City. If no Written Request of the City is received, the Trustee shall
invest funds held by it in Permitted Investments described in paragraph [(d)] of the definition
thereof. Such investments shall, as nearly as practicable, mature on or before the dates on which
such money is anticipated to be needed for disbursement hereunder. All interest, profits and other
income received from any money so invested shall be deposited in the Bond Fund. The Trustee
shall have no liability or responsibility for any loss resulting from any investment made or sold in
accordance with the provisions of this Article, except for any loss due to the negligence or willful
misconduct of the Trustee. The Trustee may act as principal or agent in the acquisition or
disposition of any investment and may impose its customary charge therefor. DRAFT479
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ARTICLE VI
COVENANTS OF THE CITY
Section 6.01. Punctual Payment and Performance. The City shall punctually pay the
principal or redemption price of and interest on every Bond issued hereunder in strict conformity
with the terms hereof and of the Bonds, and will faithfully observe and perform all the agreements
and covenants to be observed or performed by the City contained herein and in the Bonds.
Section 6.02. Extension of Payment of Bonds. The City shall not directly or indirectly
extend or assent to the extension of the maturity of any of the Bonds or the time of payment of any
claims for interest on the Bonds, and in case the maturity of any of the Bonds or the time of
payment of any such claims for interest shall be extended, such Bonds or claims for interest shall
not be entitled, in case of any default hereunder, to the benefits of this Trust Agreement, except
subject to the prior payment in full of the principal of all of the Bonds then Outstanding and of all
claims for interest thereon which shall not have been so extended. Nothing in this Section shall
be deemed to limit the right of the City to issue bonds for the purpose of refunding any Outstanding
Bonds, and such issuance shall not be deemed to constitute an extension of maturity of the Bonds.
Section 6.03. Additional Debt. The City expressly reserves the right to enter into one or
more other agreements, trust agreements or indentures for any of its purposes, and reserves the
right to issue other obligations for such purposes.
Section 6.04. Power to Issue Bonds. The City is duly authorized pursuant to law to issue
the Bonds and to enter into this Trust Agreement. The Bonds and the provisions of this Trust
Agreement are the legal, valid and binding obligations of the City in accordance with their terms.
The Bonds constitute obligations imposed by law.
Section 6.05. Accounting Records and Reports. The City shall keep or cause to be kept
proper books of record and accounts in which complete and correct entries shall be made of all
transactions relating to the receipts, disbursements, allocation and application of moneys on
deposit in the funds and accounts established hereunder.
Section 6.06. Prosecution and Defense of Suits. The City shall defend against every
suit, action or proceeding at any time brought against the Trustee upon any claim to the extent
involving the failure of the City to fulfill its obligations hereunder; provided that the Trustee or
any affected Owner at its election may appear in and defend any such suit, action or proceeding.
Section 6.07. Continuation of Pension Tax Override. The City hereby covenants that,
so long as any Bonds remain outstanding hereunder, the City will comply with the following
requirements:
(a) The City will annually levy the Pension Tax Override;
(b) The City will take such steps as are lawfully permitted by the City to enforce
the collection of the Pension Tax Override; provided, that so long as the County of Orange acts as
the collection agency for property taxes in the City (including the Pension Tax Override), the City DRAFT480
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shall be deemed to be in compliance with this subsection (b) unless the County fails to perform its
duties to collect the Pension Tax Override;
(c) The City Council will not amend, or permit the amendment by initiative of,
any legislative action heretofore taken by the City Council in respect of the levy of the Pension
Tax Override to reduce the rate at which the Pension Tax Override is levied or reduce the property
or classes of property against which it is levied; and
(d) The City Council will not repeal, or permit the repeal by initiative of, the
Pension Tax Override Authorization.
Section 6.08. Continuing Disclosure. The City shall comply with and carry out all of the
provisions of the Continuing Disclosure Certificate. Notwithstanding any other provision of this
Trust Agreement, failure of the City to comply with the Continuing Disclosure Certificate shall
not be considered an Event of Default; provided, however, that the Trustee may (and, at the written
direction of any Participating Underwriter or the holders of at least 25% aggregate principal
amount of Outstanding Series 2020 Bonds, and upon indemnification of the Trustee to its
reasonable satisfaction, shall) or any holder or beneficial owner of the Series 2020 Bonds may,
take such actions as may be necessary and appropriate to compel performance, including seeking
mandate or specific performance by court order.
Section 6.09. Waiver of Laws. The City shall not at any time insist upon or plead in any
manner whatsoever, or claim or take the benefit or advantage of, any stay or extension law now or
at any time hereafter in force that may affect the covenants and agreements contained in this Trust
Agreement or in the Bonds, and all benefit or advantage of any such law or laws is hereby expressly
waived by the City to the extent permitted by law.
Section 6.10. Further Assurances. Whenever and so often as reasonably requested to do
so by the Trustee or any Owner, the City will promptly execute and deliver or cause to be executed
and delivered all such other and further assurances, documents or instruments, and promptly do or
cause to be done all such other and further things as may be necessary or reasonably required in
order to further and more fully vest in the Owners all rights, interests, powers, benefits, privileges
and advantages conferred or intended to be conferred upon them hereby. DRAFT481
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ARTICLE VII
THE TRUSTEE
Section 7.01. The Trustee. The Trustee shall, prior to an Event of Default, and after the
curing or waiver of all Events of Default that may have occurred, perform such duties and only
such duties as are specifically set forth in this Trust Agreement. The Trustee shall, during the
existence of any Event of Default that has not been cured or waived exercise such of the rights and
powers vested in it by this Trust Agreement, and use the same degree of care and skill in their
exercise, as a prudent person would exercise or use under the circumstances in the conduct of such
person’s own affairs.
The City may at any time, unless there exists any Event of Default, remove the Trustee
initially appointed and any successor thereto and may appoint a successor or successors thereto by
an instrument in writing; provided, however, that any such successor shall be a bank or trust
company doing business and having a corporate trust office in Los Angeles or San Francisco,
California, having a combined capital (exclusive of borrowed capital) and surplus of at least
$50,000,000 and subject to supervision or examination by federal or state authority. If such bank
or trust company publishes a report of condition at least annually, pursuant to law or to the
requirements of any supervising or examining authority above referred to, then for the purpose of
this Section the combined capital and surplus of such bank or trust company shall be deemed to be
its combined capital and surplus as set forth in its most recent report of condition so published.
The Trustee may at any time resign by giving written notice of such resignation to the City and by
mailing to the Owners notice of such resignation. Upon receiving such notice of resignation, the
City shall promptly appoint a successor Trustee by an instrument in writing. Any removal or
resignation of a Trustee and appointment of a successor Trustee shall become effective only upon
the acceptance of appointment by the successor Trustee. If, within 30 days after notice of the
removal or resignation of the Trustee no successor Trustee shall have been appointed and shall
have accepted such appointment, the removed or resigning Trustee may petition any court of
competent jurisdiction for the appointment of a successor Trustee, which court may thereupon,
after such notice, if any, as it may deem proper and prescribe and as may be required by law,
appoint a successor Trustee having the qualifications required hereby.
Any company into which the Trustee may be merged or converted or with which it may be
consolidated or any company resulting from any merger, conversion or consolidation to which it
shall be a party or any company to which the Trustee may sell or transfer all or substantially all of
its corporate trust business, provided that such company shall meet the requirements set forth in
the preceding paragraph, shall be the successor to the Trustee hereunder and vested with all of the
title to the trust estate and all of the trusts, powers, discretions, immunities, privileges and all other
matters as was its predecessor hereunder, without the execution or filing of any paper or further
act, anything herein to the contrary notwithstanding.
The Trustee is hereby authorized to pay or redeem the Bonds when duly presented for
payment at maturity or on redemption prior to maturity. The Trustee shall cancel all Bonds upon
payment thereof or upon the surrender thereof by the City and shall destroy such Bonds and a
certificate of destruction shall be delivered to the City. The Trustee shall keep accurate records of
all Bonds paid and discharged and cancelled by it. DRAFT482
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Section 7.02. Liability of Trustee. The recitals of facts, agreements and covenants herein
and in the Bonds shall be taken as recitals of facts, agreements and covenants of the City, and the
Trustee assumes no responsibility for the correctness of the same or makes any representation as
to the sufficiency or validity hereof or of the Bonds, or shall incur any responsibility in respect
thereof other than in connection with the rights or obligations assigned to or imposed upon it
herein, in the Bonds or in law or equity. The Trustee shall not be liable in connection with the
performance of its duties hereunder except for its own negligence, willful misconduct or breach of
duty.
The Trustee shall not be liable for any error of judgment made in good faith by a
responsible officer, unless it shall be proved that the Trustee was negligent in ascertaining the
pertinent facts.
The Trustee shall not be liable with respect to any action taken or omitted to be taken by it
in good faith in accordance with the direction of the Owners of not less than a majority in
Aggregate Principal Amount of the Bonds at the time Outstanding, relating to the time, method
and place of conducting any proceeding for any remedy available to the Trustee, or exercising any
trust or power conferred upon the Trustee under this Trust Agreement.
The Trustee shall be under no obligation to exercise any of the rights or powers vested in
it by this Trust Agreement at the request, order or direction of any of the Owners pursuant to the
provisions of this Trust Agreement unless such Owners shall have offered to the Trustee
reasonable security or indemnity against the costs, expenses and liabilities that may be incurred
therein or thereby. The Trustee has no obligation or liability to the Owners for the payment of
interest on, principal of or redemption premium, if any, with respect to the Bonds from its own
funds; but rather the Trustee’s obligations shall be limited to the performance of its duties
hereunder.
The Trustee shall not be bound to ascertain or inquire as to the performance or observance
of any of the terms, conditions, covenants or agreements herein or of any of the documents
executed in connection with the Bonds, or as to the existence of a default or event of default
thereunder. The Trustee shall not be responsible for the validity or effectiveness of any collateral
given to or held by it.
The Trustee may execute any of the trusts or powers hereunder or perform any duties
hereunder either directly or by or through attorneys-in-fact, agents or receivers, shall not be
answerable for the negligence or misconduct or any such attorney-in-fact, agent or receiver
appointed by it in accordance with the standards specified above. The Trustee shall be entitled to
advice of counsel and other professionals concerning all matters of trust and its duty hereunder,
but the Trustee shall not be answerable for the professional malpractice of any attorney-in-law or
certified public accountant in connection with the rendering of his professional advice in
accordance with the terms of this Trust Agreement, if such attorney-in-law or certified public
accountant was selected by the Trustee with due care.
Whether or not therein expressly so provided, every provision of this Trust Agreement, or
related documents relating to the conduct or affecting the liability of or affording protection to the
Trustee shall be subject to the provisions of this Article. DRAFT483
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The Trustee shall be protected in acting upon any notice, resolution, requisition, request
(including any Written Request of the City), consent, order, certificate, report, opinion, bond or
other paper or document believed by it to be genuine and to have been signed or presented by the
proper party or parties. The Trustee may consult with counsel, who may be counsel of or to the
City, with regard to legal questions, and the opinion of such counsel shall be full and complete
authorization and protection in respect of any action taken or suffered by it hereunder in good faith
and in accordance therewith.
Whenever in the administration of its rights and obligations hereunder the Trustee shall
deem it necessary or desirable that a matter be established or proved prior to taking or suffering
any action hereunder, such matter (unless other evidence in respect thereof be herein specifically
prescribed) may, in the absence of bad faith on the part of the Trustee, be deemed to be
conclusively proved and established by a Written Certificate of the City, which certificate shall be
full warrant to the Trustee for any action taken or suffered under the provisions hereof upon the
faith thereof, but in its discretion the Trustee may in lieu thereof accept other evidence of such
matter or may require such additional evidence as it may deem reasonable.
No provision of this Trust Agreement shall require the Trustee to expend or risk its own
funds or otherwise incur any financial liability in the performance or exercise of any of its duties
hereunder, or in the exercise of its rights or powers.
The Trustee shall have no responsibility or liability with respect to any information,
statement or recital in any offering memorandum or other disclosure material prepared or
distributed with respect to the issuance of the Bonds.
All immunities, indemnifications and releases from liability granted herein to the Trustee
shall extend to the directors, employees, officers and agents thereof.
Any company into which the Trustee may be merged or converted or with which it may be
consolidated or any company resulting from any merger, conversion or consolidation to which it
shall be a party or any company to which the Trustee may sell or transfer all or substantially all of
its corporate trust business, provided that such company shall meet the requirements set forth in
Section 7.01, shall be the successor to the Trustee hereunder and vested with all of the title to the
trust estate and all of the trusts, powers, discretions, immunities, privileges and all other matters
as was its predecessor hereunder, without the execution or filing of any paper or further act,
anything herein to the contrary notwithstanding.
Section 7.03. Compensation and Indemnification of Trustee. The City shall pay to the
Trustee from time to time, and the Trustee shall be entitled to, reasonable compensation for all
services rendered by it in the exercise and performance of any of the powers and duties hereunder
of the Trustee, and the City will pay or reimburse the Trustee upon its request for all reasonable
expenses, disbursements and advances incurred or made by the Trustee in accordance with any of
the provisions of this Trust Agreement (including the reasonable compensation and the expenses
and disbursements of its counsel and of all persons not regularly in its employ) except any such
expense, disbursement or advance as may arise from its negligence, default or willful misconduct,
including the negligence or willful misconduct of any of its officers, directors, agents or
employees. The City, to the extent permitted by law, shall indemnify and save the Trustee DRAFT484
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harmless against any liabilities, costs, claims or expenses, including those of its attorneys, which
it may incur in the exercise and performance of its powers and duties hereunder, including the
enforcement of any remedies and the defense of any suit, and which are not due to its negligence,
default or willful misconduct. The duty of the City to indemnify the Trustee shall survive the
termination and discharge of this Trust Agreement. DRAFT485
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4130-0730-6528.2
ARTICLE VIII
AMENDMENT OF THE TRUST AGREEMENT
Section 8.01. Amendment of the Trust Agreement. (a) This Trust Agreement and the
rights and obligations of the City and of the Owners may be amended at any time by a
Supplemental Trust Agreement which shall become binding when the written consents of the
Owners of a majority in aggregate principal amount of the Outstanding Bonds, exclusive of Bonds
disqualified as provided in Section 8.02 hereof, are filed with the Trustee. No such amendment
shall (i) extend the maturity of or reduce the interest rate on or amount of interest on or principal
or redemption price of, or extend the time of payment of, any Bond without the express written
consent of the Owner of such Bond, or (ii) reduce the percentage of Bonds required for the written
consent to any such amendment.
(b) The Trust Agreement and the rights and obligations of the City and of the
Owners may also be amended at any time by a Supplemental Trust Agreement which shall become
binding without the consent of any Owners, for any one or more of the following purposes:
(i) to add to the agreements and covenants required herein to be performed by
the City other agreements and covenants thereafter to be performed by the City, to pledge
or assign additional security for the Bonds (or any portion thereof), or to surrender any
right or power reserved herein to or conferred herein on the City;
(ii) to make such provisions for the purpose of curing any ambiguity or of
correcting, curing or supplementing any defective provision contained herein or in regard
to questions arising hereunder which the City may deem desirable or necessary and not
inconsistent herewith;
(iii) to provide for the issuance of any Additional Bonds and to provide the terms
of such Additional Bonds, subject to the conditions and upon compliance with the
procedure set forth in Article IV hereof;
(iv) to modify, amend or add to the provisions herein to permit the qualification
thereof under the Trust Agreement Act of 1939, as amended, or any similar federal statutes
hereafter in effect, and to add such other terms, conditions and provisions as may be
permitted by such statute or similar statute; and
(v) to modify, amend or supplement this Trust Agreement in any manner that
does not materially adversely affect the interest of Owners of Bonds.
[Notwithstanding anything to the contrary in this subsection (b), the City shall not modify, amend
or supplement this Trust Agreement in any manner that materially adversely affects the rights of
the Bond Insurer without the consent of each such Bond Insurer (provided, that, the consent of the
Bond Insurer shall not be required in connection with modifications, amendments or additions
pursuant to (iii) above). The Bond Insurer shall receive written notice of any proposed
amendments pursuant to this subsection (b).] DRAFT486
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Section 8.02. Disqualified Bonds. Bonds owned or held by or for the account of the City
shall not be deemed Outstanding for the purpose of any consent or other action or any calculation
of Outstanding Bonds provided in this Article, and shall not be entitled to consent to or take any
other action provided in this Article.
Section 8.03. Endorsement or Replacement of Bonds After Amendment. After the
effective date of any action taken as hereinabove provided, the City may determine that the Bonds
may bear a notation by endorsement in form approved by the City as to such action, and in that
case upon demand of the Owner of any Outstanding Bonds and presentation of his Bond for such
purpose at the Corporate Trust Office of the Trustee a suitable notation as to such action shall be
made on such Bond. If the City shall so determine, new Bonds so modified as, in the opinion of
the City, shall be necessary to conform to such action shall be prepared and executed, and in that
case upon demand of the Owner of any Outstanding Bond a new Bond or Bonds shall be exchanged
at the Corporate Trust Office of the Trustee without cost to each Owner for its Bond or Bonds then
Outstanding upon surrender of such Outstanding Bonds.
Section 8.04. Amendment by Mutual Consent. The provisions of this Article shall not
prevent any Owner from accepting any amendment as to the particular Bonds held by such Owner,
provided that due notation thereof is made on such Bonds.
Section 8.05. Attorney’s Opinion Regarding Supplemental Trust Agreements. The
Trustee may obtain an opinion of counsel that any Supplemental Trust Agreement complies with
the provisions of this Article and the Trustee may conclusively rely upon such opinion. DRAFT487
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ARTICLE IX
EVENTS OF DEFAULT AND REMEDIES
Section 9.01. Events of Default. If one or more of the following events (herein called
“Events of Default”) shall happen, that is to say:
(a) if default shall be made by the City in the due and punctual payment of the
interest on any Bond when and as the same shall become due and payable;
(b) if default shall be made by the City in the due and punctual payment of the
principal or redemption price of any Bond when and as the same shall become due and payable,
whether at maturity as therein expressed or by proceedings for redemption;
(c) if default shall be made by the City in the performance of any of the
agreements or covenants required herein to be performed by the City, and such default shall have
continued for a period of 60 days after the City shall have been given notice in writing of such
default by the Trustee or the Owners of not less than 25% in aggregate Principal Amount of the
Bonds at the time Outstanding, specifying such default and requiring the same to be remedied,
provided, however, if the default stated in the notice can be corrected, but not within the applicable
period, the Trustee and such Owners shall not unreasonably withhold their consent to an extension
of such time if corrective action is instituted by the City within the applicable period and diligently
pursued until the default is corrected; or
(d) if the City shall file a petition or answer seeking arrangement or
reorganization under the federal bankruptcy laws or any other applicable law of the United States
of America or any state therein, or if a court of competent jurisdiction shall approve a petition filed
with or without the consent of the City seeking arrangement or reorganization under the federal
bankruptcy laws or any other applicable law of the United States of America or any state therein,
or if under the provisions of any other law for the relief or aid of debtors any court of competent
jurisdiction shall assume custody or control of the City or of the whole or any substantial part of
its property.
Section 9.02. Institution of Legal Proceedings by the Trustee; Remedies. If an Event
of Default shall occur and be continuing, the Trustee may, and upon the written request of the
Owners of a majority in aggregate Principal Amount of the Bonds then Outstanding, and upon
being indemnified to its satisfaction therefor, shall, proceed to protect or enforce its rights or the
rights of the Owners of the Bonds under this Trust Agreement by a suit in equity or action at law,
either for the specific performance of any covenant or agreement contained herein, or in aid of the
execution of any power herein granted, or by mandamus or other appropriate proceeding for the
enforcement of any other legal or equitable remedy as the Trustee shall deem most effectual in
support of any of its rights and duties hereunder.
Section 9.03. Non-Waiver. Nothing in this Article or in any other provision hereof or in
the Bonds shall affect or impair the obligation of the City, which is absolute and unconditional, to
pay the principal or redemption price of and the interest on the Bonds to the respective Owners of
the Bonds on the respective Payment Dates as provided herein, or shall affect or impair the right DRAFT488
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of such Owners, which is also absolute and unconditional, to institute suit to enforce such payment
by virtue of the contract embodied herein and in the Bonds.
A waiver of any default or breach of duty or contract by the Trustee or any Owner shall
not affect any subsequent default or breach of duty or contract or impair any rights or remedies on
any such subsequent default or breach of duty or contract. No delay or omission by the Trustee or
any Owner to exercise any right or remedy accruing upon any default or breach of duty or contract
shall impair any such right or remedy or shall be construed to be a waiver of any such default or
breach of duty or contract or an acquiescence therein, and every right or remedy conferred upon
the Owners by the Act or by this Article may be enforced and exercised from time to time and as
often as shall be deemed expedient by the Trustee or the Owners.
If any action, proceeding or suit to enforce any right or exercise any remedy is abandoned,
the City, the Trustee and any Owner shall be restored to their former positions, rights and remedies
as if such action, proceeding or suit had not been brought or taken.
Section 9.04. Remedies Not Exclusive. No remedy herein conferred upon or reserved to
the Owners is intended to be exclusive of any other remedy, and each such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity or by statute or otherwise and may be exercised without exhausting and
without regard to any other remedy conferred by the Act or any other law.
Section 9.05. Limitation on Owners’ Right to Sue. No Owner of any Bond shall have
the right to institute any suit, action or proceeding at law or equity, for any remedy hereunder,
unless (a) such Owner shall have previously given to the Trustee written notice of the occurrence
of an Event of Default, (b) the Owners of at least a majority in aggregate Principal Amount of all
the Bonds then Outstanding shall have made written request upon the Trustee to exercise the
powers herein granted or to institute such suit, action or proceeding in its own name, (c) such
Owners shall have tendered to the Trustee reasonable security or indemnity against the costs,
expenses and liabilities to be incurred by it in compliance with such request, and (d) the Trustee
shall have refused or omitted to comply with such request for a period of 60 days after such request
shall have been received by, and said tender of indemnity shall have been made to, the Trustee.
Such notification, request, tender of indemnity and refusal or omission are hereby declared,
in every case, to be conditions precedent to the exercise by any Owner of any remedy hereunder;
it being understood and intended that no one or more Owners of Bonds shall have any right in any
manner whatever by his or their action to enforce any right under this Trust Agreement, except in
the manner herein provided, and that all proceedings at law or in equity to enforce any provision
of the Trust Agreement shall be instituted, had and maintained in the manner herein provided and
for the equal benefit of all Owners of the Outstanding Bonds.
Section 9.06. Absolute Obligation of City. Nothing contained herein or in the Bonds
shall affect or impair the obligation of the City, which is absolute and unconditional, to pay the
principal or redemption price of and the interest on the Bonds to the respective Owners of the
Bonds on their respective Payment Dates as herein provided. DRAFT489
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4130-0730-6528.2
ARTICLE X
DEFEASANCE
Section 10.01. Discharge of Bonds. (a) If the City shall pay or cause to be paid or there
shall otherwise be paid to the Owners of all Outstanding Bonds the interest thereon and the
principal thereof and the redemption premiums, if any, thereon at the times and in the manner
stipulated herein and therein, and shall pay or provide for the payment of all fees and expenses of
the Trustee then due, then all agreements, covenants and other obligations of the City to the Owners
of such Bonds hereunder shall thereupon cease, terminate and become void and be discharged and
satisfied. In such event, the Trustee shall execute and deliver to the City all such instruments as
may be necessary or desirable to evidence such discharge and satisfaction, the Trustee shall pay
over or deliver to the City all money or securities held by it pursuant hereto which are not required
for the payment of the interest on and principal of and redemption premiums, if any, on such
Bonds.
(b) Any Outstanding Bonds shall prior to the maturity date or redemption date thereof
be deemed to have been paid within the meaning of and with the effect expressed in subsection (a)
of this Section if (i) in case any of such Bonds are to be redeemed on any date prior to their maturity
date, the City shall have given to the Trustee in form satisfactory to it irrevocable instructions to
provide notice in accordance with Section 3.03 hereof, (ii) there shall have been deposited with
the Trustee either (A) money in an amount which shall be sufficient or (B) Defeasance Securities,
the interest on and principal of which when paid will provide money which, together with the
money, if any, deposited with the Trustee at the same time, shall be sufficient, in the opinion of an
Independent Certified Public Accountant (addressed to the City and the Trustee), to pay when due
the principal or redemption price of and the interest on such Bonds to become due on such Bonds
on and prior to the maturity date or redemption date thereof, as the case may be, (iii) there shall be
delivered to the Trustee an escrow agreement entered into by the City and the Trustee or other
fiduciary or escrow agent, (iv) there shall be delivered to the Trustee an opinion of nationally
recognized bond counsel to the effect that such Bonds have been paid within the meaning of this
Section addressed to the Trustee, and (v) the City shall have given the Trustee in form satisfactory
to it irrevocable instructions to mail to the Owners of such Bonds in accordance with Section 11.07
hereof notice that the deposit required by clause (ii) above has been made with the Trustee and
that such Bonds are deemed to have been paid in accordance with this Section and stating the
maturity date or redemption date upon which money is to be available for the payment of the
principal or redemption price of and interest on such Bonds.
Section 10.02. Unclaimed Money. Anything contained herein to the contrary
notwithstanding, any money held by the Trustee in trust for the payment and discharge of any of
the Bonds or the interest thereon which remains unclaimed for two years after the date when such
Bonds or interest thereon have become due and payable, either at their stated maturity dates or by
call for redemption prior to maturity, if such money was held by the Trustee at such date, or for
two years after the date of deposit of such money if deposited with the Trustee after the date when
such Bonds and interest shall have become due and payable, shall be repaid by the Trustee to the
City as its absolute property free from trust, and the Trustee shall thereupon be released and
discharged with respect thereto and the Owners shall not look to the Trustee for the payment of
such Bonds; provided, however, that before being required to make any such payment to the City, DRAFT490
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the Trustee may, and at the request of the City shall, at the expense of the City, mail to the Owners
in accordance with Section 11.07 hereof a notice that such money remains unclaimed and that,
after a date named in such notice, which date shall not be less than 30 days after the date of the
mailing of such notice, the balance of such money then unclaimed will be returned to the City. DRAFT491
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ARTICLE XI
MISCELLANEOUS
Section 11.01. Benefits of the Trust Agreement Limited to Parties. Nothing contained
herein, expressed or implied, is intended to give to any person other than the City, the Trustee, the
Bond Insurer, if any, and the Owners any right, remedy or claim under or by reason hereof. Any
agreement or covenant required herein to be performed by or on behalf of the City or any member,
officer or employee thereof shall be for the sole and exclusive benefit of the Trustee, and the
Owners.
Section 11.02. Successor Is Deemed Included in All References to Predecessor.
Whenever herein either the City or any member, officer or employee thereof or the Trustee is
named or referred to, such reference shall be deemed to include the successor or assigns thereof,
and all agreements and covenants required hereby to be performed by or on behalf of the City or
the Trustee, or any member, officer or employee thereof, shall bind and inure to the benefit of the
respective successors thereof whether so expressed or not.
Section 11.03. Execution of Documents by Owners. Any declaration, request or other
instrument which is permitted or required herein to be executed by Owners may be in one or more
instruments of similar tenor and may be executed by Owners in person or by their attorneys
appointed in writing. The fact and date of the execution by any Owner or such Owner’s attorney
of any declaration, request or other instrument or of any writing appointing such attorney may be
proved by the certificate of any notary public or other officer authorized to make acknowledgments
of deeds to be recorded in the state or territory in which such person purports to act that the person
signing such declaration, request or other instrument or writing acknowledged to such person the
execution thereof, or by an affidavit of a witness of such execution duly sworn to before such
notary public or other officer. The ownership of any Bonds and the amount, maturity, number and
date of holding the same may be proved by the registration books for the Bonds maintained by the
Trustee pursuant to Section 2.08 hereof.
Any declaration, request, consent or other instrument or writing of the Owner of any Bond
shall bind all future Owners of such Bond with respect to anything done or suffered to be done by
the Trustee or the City in good faith and in accordance therewith.
Section 11.04. Waiver of Personal Liability. No member, officer or employee of the
City shall be individually or personally liable for the payment of the principal or redemption price
of or the interest on the Bonds by reason of their issuance, but nothing herein contained shall
relieve any officer of the City from the performance of any official duty provided by the Act or
any other applicable provisions of law or hereby.
Section 11.05. Acquisition of Bonds by City. All Bonds acquired by the City shall be
surrendered to the Trustee for cancellation.
Section 11.06. Destruction of Cancelled Bonds. Whenever provision is made for the
return to the City of any Bonds which have been cancelled pursuant to the provisions hereof, the
Trustee shall destroy such Bonds and furnish to the City a certificate of such destruction. DRAFT492
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Section 11.07. Notice to Owners. Any notice required to be given by the Trustee
hereunder by mail to any Owners shall be given by mailing a copy of such notice, first class postage
prepaid, or by giving such notice by telecopy or by an overnight delivery service, to such Owners
at their addresses appearing in the registration books maintained by the Trustee pursuant to Section
2.08 hereof not less than 30 days nor more than 45 days following the action or prior to the event
concerning which notice thereof is required to be given; provided, however, that receipt of any
such notice shall not be a condition precedent to the effect of such notice and neither failure of any
Owner to receive any such notice nor any immaterial defect contained therein shall affect the
validity of the proceedings taken in connection with the action or the event concerning which such
notice was given.
Section 11.08. Content of Certificates. Every Written Certificate of the City with respect
to compliance with any agreement, condition, covenant or provision provided herein shall include
(a) a statement that the person or persons making or giving such certificate have read such
agreement, condition, covenant or provision and the definitions herein relating thereto, (b) a brief
statement as to the nature and scope of the examination or investigation upon which the statements
contained in such certificate are based, (c) a statement that, in the opinion of the signers, they have
made or caused to be made such examination or investigation as is necessary to enable them to
express an informed opinion as to whether or not such agreement, condition, covenant or provision
has been complied with, and (d) a statement as to whether, in the opinion of the signers, such
agreement, condition, covenant or provision has been complied with.
Any Written Certificate of the City may be based, insofar as it relates to legal matters, upon
an Opinion of Counsel unless the person making or giving such certificate knows that the Opinion
of Counsel with respect to the matters upon which his certificate may be based, as aforesaid, is
erroneous, or in the exercise of reasonable care should have known that the same was erroneous.
Any Opinion of Counsel may be based, insofar as it relates to factual matters information with
respect to which is in the possession of the City, upon a representation by an officer or officers of
the City unless the counsel executing such Opinion of Counsel knows that the representation with
respect to the matters upon which his opinion may be based, as aforesaid, is erroneous, or in the
exercise of reasonable care should have known that the same was erroneous.
Section 11.09. Accounts and Funds; Business Days. Any account or fund required
herein to be established and maintained by the Trustee may be established and maintained in the
accounting records of the Trustee either as an account or a fund, and may, for the purposes of such
accounting records, any audits thereof and any reports or statements with respect thereto, be treated
either as an account or a fund; but all such records with respect to all such accounts and funds shall
at all times be maintained in accordance with sound accounting practice and with due regard for
the protection of the security of the Bonds and the rights of the Owners. Any action required to
occur hereunder on a day which is not a Business Day shall be required to occur on the next
succeeding Business Day.
Section 11.10. Notices. All written notices to be given hereunder shall be given by mail
to the party entitled thereto at its address set forth below, or at such other address as such party
may provide to the other party in writing from time to time, namely:
If to the City: DRAFT493
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City of Huntington Beach
2000 Main Street
Huntington Beach, California 92648
Attention: Chief Financial Officer
If to the Trustee:
U.S. Bank National Association
633 West Fifth Street, 24th Floor
Los Angeles, California 90071
Attention: Global Corporate Trust
Telephone: 213-615-____
Facsimile: 213-615-6197
Section 11.11. Article and Section Headings and References. The headings or titles of
the several articles and sections hereof and the table of contents appended hereto shall be solely
for convenience of reference and shall not affect the meaning, construction or effect hereof, and
the singular and plural forms of words shall be deemed interchangeable, and words of any gender
shall be deemed and construed to include all genders, and all references herein to “Articles,”
“Sections,” subsections or clauses are to the corresponding articles, sections, subsections or clauses
hereof; and the words “hereby,” “herein,” “hereof,” “hereto,” “herewith,” “hereunder” and other
words of similar import refer to the Trust Agreement as a whole and not to any particular Article,
Section, subsection or clause hereof.
Section 11.12. Partial Invalidity. If any one or more of the agreements or covenants or
portions thereof required hereby to be performed by or on the part of the City or the Trustee shall
be contrary to law, then such agreement or agreements, such covenant or covenants or such
portions thereof shall be null and void and shall be deemed separable from the remaining
agreements and covenants or portions thereof and shall in no way affect the validity hereof or of
the Bonds, and the Owners shall retain all the benefit, protection and security afforded to them
under the Act or any other applicable provisions of law. The City and the Trustee hereby declare
that they would have executed and delivered the Trust Agreement and each and every other Article,
Section, paragraph, subdivision, sentence, clause and phrase hereof and would have authorized the
issuance of the Bonds pursuant hereto irrespective of the fact that any one or more articles,
sections, paragraphs, subdivisions, sentences, clauses or phrases hereof or the application thereof
to any person or circumstance may be held to be unconstitutional, unenforceable or invalid.
Section 11.13. Execution in Several Counterparts. This Trust Agreement may be
executed in any number of counterparts and each of such counterparts shall for all purposes be
deemed to be an original; and all such counterparts, or as many of them as the City and the Trustee
shall preserve undestroyed, shall together constitute but one and the same instrument. DRAFT494
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Section 11.14. Governing Law. This Trust Agreement shall be governed by and
construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the City has caused this Trust Agreement to be signed in its
name by its representative thereunto duly authorized, and the Trustee, in token of its acceptance
of the trusts created hereunder, has caused this Trust Agreement to be signed in its corporate name
by its officer thereunto duly authorized, all as of the day and year first above written.
CITY OF HUNTINGTON BEACH
By:
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
By:
Authorized Officer
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EXHIBIT A
FORM OF SERIES 2020 BOND
CITY OF HUNTINGTON BEACH
TAXABLE PENSION OBLIGATION BONDS
SERIES 2020
No. R- $________
Interest
Rate
Maturity
Date
Original
Issue Date CUSIP ISIN
_____, 20__
REGISTERED OWNER: CEDE & CO.
PRINCIPAL SUM: DOLLARS
The City of Huntington Beach, a municipal corporation and charter city duly organized
and existing under and by virtue of the Constitution and laws of the State of California and its
Charter (the “City”), for value received, hereby promises to pay to the registered owner identified
above or registered assigns, on the maturity date specified above (subject to any right of prior
redemption hereinafter provided for) the principal sum specified above, together with interest on
such principal sum from the Interest Payment Date (as hereinafter defined) next preceding the date
of authentication of this Bond (unless this Bond is authenticated as of an Interest Payment Date or
during the period from the first day of the month of an Interest Payment Date to such Interest
Payment Date, in which event it shall bear interest from such Interest Payment Date, or unless this
Bond is authenticated prior to the first Interest Payment Date, in which event it shall bear interest
from the original issue date specified above) until the principal hereof shall have been paid at the
interest rate per annum specified above, payable on ________ 15, 20__, and semiannually
thereafter on each ________ 15 and December 15 (each an “Interest Payment Date”). Interest due
on or before the maturity or prior redemption of this Bond shall be payable only by check mailed
on the Interest Payment Date by first-class mail to the registered owner hereof; provided that upon
the written request of a registered owner of $1,000,000 or more in aggregate principal amount of
Bonds received by the Trustee (as hereinafter defined) prior to the applicable record date, interest
shall be paid by wire transfer in immediately available funds. The principal hereof is payable in
lawful money of the United States of America at the Corporate Trust Office of the Trustee.
This Bond is one of a duly authorized issue of bonds of the City designated as its “Taxable
Pension Obligation Bonds, Series 2020” (the “Series 2020 Bonds”) in aggregate principal amount
$___________ all of like tenor and date (except for variations, if any, as may be required to
designate varying numbers, maturities and interest rates), and is issued under and pursuant to the
provisions of Articles 10 and 11 (commencing with Section 53570) of Chapter 3 of Division 2 of
Title 5 of the California Government Code (the “Act”) and under and pursuant to the provisions
of a Trust Agreement, dated as of __________ 1, 2020 (the “Trust Agreement”), between the City
and U.S. Bank National Association, as trustee (the “Trustee”) (copies of which are on file at the DRAFT496
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Corporate Trust Office of the Trustee). Capitalized undefined terms used herein shall have the
meanings ascribed thereto in the Trust Agreement.
Under the Trust Agreement, Additional Bonds may be issued on a parity with the Series
2020 Bonds, but subject to the conditions and upon compliance with the procedures set forth in
the Trust Agreement. The Series 2020 Bonds and any such Additional Bonds are collectively
referred to as the “Bonds.” The Bonds are obligations imposed by law payable from funds to be
appropriated by the City pursuant to the Public Employees’ Retirement Law, commencing with
Section 20000 of the California Government Code (the “Retirement Law”). Reference is hereby
made to the Act and to the Trust Agreement and any and all amendments thereof and supplements
thereto for a description of the terms on which the Series 2020 Bonds are issued, the rights of the
registered owners of the Series 2020 Bonds, security for payment of the Series 2020 Bonds,
remedies upon default and limitations thereon, and amendment of the Trust Agreement (with or
without consent of the registered owners of the Bonds); and all the terms of the Trust Agreement
are hereby incorporated herein and constitute a contract between the City and the registered owner
of this Bond, to all the provisions of which the registered owner of this Bond, by acceptance hereof,
agrees and consents.
The obligations of the City under the Bonds, including the obligation to make all payments
of interest and principal when due, are obligations of the City imposed by law and are absolute
and unconditional, without any right of set-off or counterclaim. Except to the extent of the Pension
Tax Override as provided herein, the Bonds do not constitute an obligation of the City for which
the City is obligated to levy or pledge any form of taxation. Neither the Bonds nor the obligation
of the City to make payments on the Bonds constitute an indebtedness of the City, the State, or
any of its political subdivisions within the meaning of any constitutional or statutory debt
limitation or restriction.
The Series 2020 Bonds are subject to redemption on the dates, at the redemption prices and
pursuant to the terms set forth in the Trust Agreement. Notice of redemption of any Series 2020
Bonds or any portions thereof shall be given as set forth in the Trust Agreement.
This Bond may be transferred or exchanged pursuant to the terms set forth in the Trust
Agreement. The City and the Trustee may deem and treat the registered owner of this Bond as the
absolute owner of this Bond for the purpose of receiving payment hereof and for all other purposes,
whether this Bond shall be overdue or not, and neither the City nor the Trustee shall be affected
by any notice or knowledge to the contrary.
The rights and obligations of the City and of the owners of the Bonds may be modified or
amended by a Supplemental Trust Agreement entered into by the City and the Trustee, as provided
in the Trust Agreement.
This Bond shall not be entitled to any benefit, protection or security under the Trust
Agreement or become valid or obligatory for any purpose until the certificate of authentication
and registration hereon endorsed shall have been executed and dated by the Trustee. DRAFT497
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It is hereby certified that all acts, conditions and things required by law to exist, to have
happened and to have been performed precedent to and in the issuance of this Bond do exist, have
happened and have been performed in due time, form and manner as required by law.
Unless this Bond is presented by an authorized representative of The Depository Trust
Company to the Trustee for registration of transfer, exchange or payment, and any Bond issued is
registered in the name of Cede & Co. or such other name as requested by an authorized
representative of The Depository Trust Company and any payment is made to Cede & Co., ANY
TRANSFER, PLEDGE OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO
ANY PERSON IS WRONGFUL since the registered owner hereof, Cede & Co., has an interest
herein.
IN WITNESS WHEREOF, the City of Huntington Beach has caused this Bond to be
executed in its name and on its behalf by the manual or facsimile signature of the Chair of the City,
and the Clerk of the Board of Supervisors of the City has caused the seal of the City to be affixed
hereto.
CITY OF HUNTINGTON BEACH
By:
Mayor
Countersigned:
City Clerk
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CERTIFICATE OF AUTHENTICATION
This is one of the Bonds described in the within-mentioned Trust Agreement which has
been authenticated on _______.
U.S. BANK NATIONAL ASSOCIATION, as
Trustee
By:
Authorized Officer
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FORM OF ASSIGNMENT
For value received the undersigned hereby sells, assigns and transfers unto
__________________________ (Taxpayer Identification Number: ________________) the
within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to
transfer the within bond on the books kept for registration thereof, with full power of substitution
in the premises.
____________________________________
Dated: ________________
Note: The signature to this Assignment must correspond with the name as written on the face of
the Bond in every particular, without alteration or enlargement or any change whatever.
Signature Guaranteed:
Notice: Signature(s) guarantee should be made by a guarantor institution participating in the
Securities Transfer Agent Medallion Program.
DRAFT500
City of Huntington Beach
File #:19-1128 MEETING DATE:11/18/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Oliver Chi, City Manager
PREPARED BY:Robert Handy, Chief of Police
Subject:
Approve for introduction Ordinance No. 4192, which establishes Municipal Code Section
10.40.265 prohibiting misuse of disabled person placards or license plates, and adopt
Resolution No. 2019-75, which establishes a bail amount for the new Municipal Code section
and adds it to the Uniform Bail Schedule for Parking Violations
Statement of Issue:
As more California residents obtain temporary or permanent disabled placards/license plates, there is
an increased potential for their misuse and abuse. While conducting enforcement, Parking Control
Officers (PCO’s) often see indicators of misuse or abuse and people taking advantage of loopholes in
the State law, which prohibits proper enforcement. Because of these abuses, disabled spaces are
not fully available to legitimately disabled persons with valid disabled placards/plates.
To help curtail the issue with these violations, a local authority may enact an ordinance that allows for
the enforcement of invalid, fraudulent, altered, unauthorized, and/or counterfeit disabled
placard/plates.
The proposed ordinance and resolution will ensure enforcement is applicable to the parking or
standing of a vehicle on streets or highways, or in a parking stall or space in a privately or publicly
owned or operated off-street parking facility, within our jurisdiction.
Financial Impact:
There is no cost associated with this proposed action. Any increase to revenue is unknown at this
time.
Recommended Action:
A) Approve for Introduction Ordinance No. 4192, “An Ordinance of the City of Huntington Beach
adding Section 10.40.265 to Chapter 10.60 of the Huntington Beach Municipal Code Relating to
Disabled Parking Placards and License Plates;” and,
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B) Adopt Resolution No. 2019-75, “A Resolution of the City Council of the City of Huntington
Beach Adopting an Amended Uniform Bail Schedule for Parking Violations.”
Alternative Action(s):
Do not approve the proposed Ordinance and/or Resolution and direct staff accordingly.
Analysis:
Under current law, the City is missing some ability to hold violators accountable, deter criminal
activity, and allow for sufficient disabled parking. California Vehicle Code section 22507.8 allows a
person to park in a marked handicapped stall if they have a placard. The language in this section
does not address the validity of the placard/plate, who the placard/plate is specifically intended for or
if it is altered/counterfeit.
With the Ordinance and Resolution in place, the City of Huntington Beach will be able to:
·Increase the availability of parking for legitimately disabled drivers, allowing them access to
reserved parking spaces close to their destinations.
·Help to eliminate some measure of placard abuse through the deterrent effect of enforcement
and fine penalties, potentially increasing parking revenue collections in the City.
·Encourage non-disabled drivers to use other available legal parking in off-street pay parking
lots, metered parking areas, permit parking areas or other lawfully available spaces.
·Prohibit illegal users of disabled placards to occupy high-demand parking spots at parking
meters or in private parking lots open to the public for free all day with no incentive to limit
their stay.
·Aid merchants and promote shopping in business districts by increasing turnover of needed
disabled parking spaces in front of stores or on the same blocks in these districts.
·Improve the quality of life for the physically disabled placard holders and residents of the City.
·Minimize the hardship on a disabled person whose physical disability prevents them from
walking for more than a short distance or safely maneuvering a mobility device onto a
sidewalk or other surface reserved for public ingress and egress.
Environmental Status:
Not applicable
Strategic Plan Goal:
Enhance and modernize public safety service delivery
Attachment(s):
1. Ordinance No. 4192
2. Resolution No. 2019-75
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City of Huntington Beach
File #:19-1130 MEETING DATE:11/18/2019
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 4201 Amending Chapter 8.48 of the Huntington Beach
Municipal Code Relating to Public Nuisance Abatement of Abandoned, Wrecked, Dismantled
or Inoperative Vehicles.
Statement of Issue:
Code Enforcement often receives requests for service from the community regarding inoperable and
abandoned vehicles on private property. There is a need to amend Huntington Beach Municipal
Code Chapter 8.48 Inoperable Vehicles to update the process for abatement of Inoperable and
Abandoned Vehicles consistent with the California Vehicle Code. If adopted by the City Council, the
proposed amendment will enable the Code Enforcement Division to be more responsive to the
citizens of Huntington Beach and improve the City’s enforcement actions.
Financial Impact:
Not applicable.
Recommended Action:
Approve for Ordinance 4201, “An Ordinance of the City of Huntington Beach Chapter 8.48 of the
Huntington Beach Municipal Code Relating to Public Nuisance Abatement of Abandoned, Wrecked,
Dismantled or Inoperative Vehicles.”
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Since Chapter 8.48 of the Huntington Beach Municipal Code was originally adopted, updates to the
California Vehicle Code relating to the process for the abatement of inoperable vehicles have been
passed by the State. As the Community Development Department Code Enforcement Division works
to modernize the City’s processes, the need to update this code chapter has become necessary.
If the proposed amendment is adopted by the City Council, the Code Enforcement Division will be
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able to cause the abatement by removal of inoperable vehicles on private property, thereby
enhancing the City’s enforcement actions.
On an annual basis, Code Enforcement receives an average of eighty (80) reported violations of
abandoned and inoperable vehicles from private properties. The current process involves the
issuance of a Notice of Violation, Final Notice, three different levels of civil citations, and further
review by the City Attorney’s Office for other legal remedies. The entire duration of this process can
take three (3) to five (5) months before an abandoned and inoperable vehicle violation is fully
resolved.
Environmental Status:
Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to
Section 15061 (b) (3) of the CEQA Guidelines because it has no potential to have a significant effect
on the environment.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. Ordinance 4201 amending Chapter 8.48 relating to Inoperable Vehicles
2. Huntington Beach Municipal Code Chapter 8.48 Legislative Draft
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