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HomeMy WebLinkAbout2023-11-21 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by completing a Request to Speak form delivered to the City Clerk. SUPPLEMENTAL COMMUNICATION: Members of the public unable to personally participate in the meeting but interested in communicating with the City Council on agenda-related items are encouraged to submit a written (supplemental) communication to the Council via email at SupplementalComm@Surfcity-hb.org . Supplemental Communications are public record, and if received by 9:00 AM on the day of the meeting, will be distributed to the City Council prior to consideration of agenda-related items, posted to the City website, and announced, but not read, at the meeting. Communications received after the 9:00 AM deadline will be incorporated into the administrative record. Members of the public are also welcome to communicate with the City Council (and staff supporting Council) at City.Council@surfcity-hb.org . MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and/or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 for more information. AGENDA City Council/Public Financing Authority Tuesday, November 21, 2023 Council Chambers 2000 Main Street Huntington Beach, CA 92648MAYOR AND CITY COUNCIL TONY STRICKLAND, Mayor GRACEY VAN DER MARK, Mayor Pro Tem RHONDA BOLTON, Councilmember PAT BURNS, Councilmember DAN KALMICK, Councilmember CASEY McKEON, Councilmember NATALIE MOSER, Councilmember STAFF ERIC G. PARRA, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA November 21, 2023City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns CITY COUNCIL MEMBER COMMENTS (3-Minute Time Limit) The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council to individually make brief comments to the public. Please note that the Brown Act does not allow for lengthy comments, discussion, or action on topics that are not on the agenda. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing to provide a comment on item(s) may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. RECESS TO CLOSED SESSION CLOSED SESSION 23-10121.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 23-10132.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section Page 1 of 8 2 AGENDA November 21, 2023City Council/Public Financing Authority 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). 23-10163.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom, et al.; USDC Case No. 8:23-CV-00421-FWS (ADSx). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Kalmick, Moser, Van Der Mark, Strickland, McKeon, Bolton, Burns 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. 23-9844.Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3-Minute Time Limit) At this time, the City Council will receive comments from members of the public regarding any topic, including items on the open session agenda. Individuals wishing to provide a comment may do so in person by filling out a Request to Speak form delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. Please note that the Brown Act does not allow discussion or action on topics that are not on the Page 2 of 8 3 AGENDA November 21, 2023City Council/Public Financing Authority agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. CITY MANAGER'S REPORT 23-9355.E-Bike Update CITY TREASURER'S REPORT 23-9806.Receive and File the City Treasurer’s September 2023 Quarterly Investment Summary Report Receive and File the City Treasurer’s Quarterly Investment Report for September 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CONSENT CALENDAR (Items 7-16) CITY CLERK 23-9967.Approve and Adopt Minutes Page 3 of 8 4 AGENDA November 21, 2023City Council/Public Financing Authority A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of November 7, 2023 . Recommended Action: CITY MANAGER 23-9288.Approve the extension of and fee modifications to the Hometown Heroes Banner Program A) Continue to assume the City’s management and installation costs to administer the Hometown Heroes Banner Program; continue to charge the wholesale banner fee of $160 to qualified applicants for the fabrication of new and replacement banners; and B) Give the City Manager authority to make any adjustments to the Program’s wholesale banner fee to offset any future increase in fabrication costs in the future; the rate may be adjusted by the Consumer Price Index (CPI) rate or up to the full, retail fabrication cost at that time. Recommended Action: COMMUNITY AND LIBRARY SERVICES 23-10149.Reaffirmation of Huntington Beach’s Sister City Covenant with Anjo, Japan Approve and authorize the Mayor and Mayor Pro Tempore to execute a Reaffirmation of the Sister City Covenant with Anjo, Japan. Recommended Action: POLICE 23-101510.Request for use of additional SLESF funds to fund and finalize purchase of a Police helicopter A) Authorize the use of an additional $500K in SLESF funds to finalize the purchase of a police helicopter 530F; and B) Appropriate $500K from the SLESF fund balance to account 98470101. Recommended Action: PUBLIC WORKS 23-96111.Adopt Resolution No. 2023-56 ordering the Summary Vacation of an easement over a portion of Third Street in the City of Huntington Beach Page 4 of 8 5 AGENDA November 21, 2023City Council/Public Financing Authority A) Adopt Resolution No. 2023-56, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an easement over a portion of Third Street in the City of Huntington Beach,” (Attachment 1); and B) Instruct the City Clerk to record Resolution No. 2023-56 and the respective, attached exhibits with the Orange County Recorder. Recommended Action: 23-97612.Approve and authorize execution of three (3) Professional Services Contracts for On-Call Environmental Engineering Consulting Services with CWE, Inc., Environmental Engineering & Contracting, Inc., and GHD, Inc. A) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and CWE, Inc. for On-Call Environmental Engineering Consulting;” and, B) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and Environmental Engineering & Consulting, Inc. for On-Call Environmental Engineering Consulting;” and, C) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and GHD, Inc. for On-Call Environmental Engineering Consulting.” Recommended Action: 23-97813.Adopt Resolution No. 2023-49 concerning the Measure M2 Expenditure Report for the City of Huntington Beach Adopt Resolution No. 2023-49, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach." Recommended Action: 23-98214.Appropriate $50,000 from the Storm Water Quality fund balance for the deployment of water quality monitoring buoys (2) to support initial water quality monitoring and scoping for water quality improvement projects in the Huntington Harbour Appropriate $50,000 from the Storm Water Quality Fund (892) fund balance to account 89285201.82500. Sufficient fund balance is available to support this request. Recommended Action: 23-96815.Approve and authorize execution of a License Agreement by and between the City of Huntington Beach and Abound Food Care for Page 5 of 8 6 AGENDA November 21, 2023City Council/Public Financing Authority use of real property for the placement of a solar powered cold food storage unit at the Public Works Corporation Yard, 17371 Gothard Street Approve and authorize the Mayor to execute the License Agreement By and Between The City of Huntington Beach and Abound Food Care For Use of Real Property . Recommended Action: 23-101816.Accept bid and authorize execution of a construction contract with Beador Construction Company, Inc. in the amount of $4,565,300 for the Admiralty Drive Bridge Rehabilitation Project, CC-1450; approve the appropriation of $2,100,000 from the Measure M undesignated fund balance; and authorize 15% in contingency funds A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc. in the amount of $4,565,300; and B) Approve the budget appropriation of $2,100,000 from the Measure M (213) undesignated fund balance to a new account to be created under Finance Department guidelines; and C) Authorize the Director of Public Works to approve up to a 15% contingency in potential construction change orders; and D) Authorize the Mayor and City Clerk to execute a construction contract with Beador Construction Company, Inc. in a form approved by the City Attorney. Recommended Action: ADMINISTRATIVE PUBLIC HEARING 23-99517.Appeal of the Planning Commission’s denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) - Continued from November 7, 2023 Deny the appeal and uphold the Planning Commission’s denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Recommended Action: ADMINISTRATIVE ITEMS 23-101718.Approve Resolution No. 2023-60 and Amendment No. 1 to Employment Agreement with Eric G. Parra - Interim City Manager/Police Chief Recommended Action: Page 6 of 8 7 AGENDA November 21, 2023City Council/Public Financing Authority A) Approve Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Eric G. Parra; and B) Approve Resolution No. 2023-60, “A Resolution of the City Council of the City of Huntington Beach Amending the Non-Associated Employees Pay and Benefits Resolution (Exhibit 1A) Non-Associated Appointed Executive Management Salary Schedule” to create the Interim City Manager/Police Chief classification and salary range. COUNCIL MEMBER ITEMS 23-102019.Item Submitted by Council Member Moser - Addressing Veteran Homelessness In Our Community Request the City Manager and staff to present the following information at a study session in the first quarter of 2024: ·Schedule and conduct a collaborative study session focused on Veteran homelessness. ·Develop a targeted action plan based on the findings of the study session to address gaps and opportunities related to Veteran homelessness. ·Engage with local, state, and federal agencies to maximize resources and support for this initiative. ·Regularly review and adjust the strategy to ensure continued progress and effectiveness. Recommended Action: 23-102120.Item Submitted by Council Member Moser - Exploring the Feasibility of Becoming a Certified Autism Destination in Huntington Beach Request the City Manager and staff to present the following information at a City Council meeting by the second quarter of 2024: ·Conduct a thorough review of the feasibility and requirements for Huntington Beach to become a Certified Autism Destination. ·Engage with experts and stakeholders, including representatives from the disabled community, to gather insights and recommendations for this initiative. ·Develop a plan outlining the steps, resources, costs, and timeline required to achieve the certification, ensuring alignment with the guidelines provided in the APA’s Autism Planning and Design Guidelines 1.0. Recommended Action: ADJOURNMENT Page 7 of 8 8 AGENDA November 21, 2023City Council/Public Financing Authority The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, December 5, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 8 of 8 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1012 MEETING DATE:11/21/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1013 MEETING DATE:11/21/2023 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Eric Parra, Interim City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters’ Association (HBFA). City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1016 MEETING DATE:11/21/2023 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). City of Huntington Beach v. Newsom, et al.; USDC Case No. 8:23-CV- 00421-FWS (ADSx). City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-984 MEETING DATE:11/21/2023 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-935 MEETING DATE:11/21/2023 E-Bike Update City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™14 Huntington Beach Police Department Report On E-Bikes November 21st, 2023 Lieutenant Thoby Archer 15 SUGGESTIONS FROM COUNCIL •Rental Companies to Show Video •Revise or Create New Municipal Code •Higher Fine Structures •Bicycle Impounds •Engineering •School Policies for E-Bikes •Community Meetings / Outreach •E-Bike Licensure Program and Associated Fees 16 Video For Rental Companies •Met with local business owners •Footage was filmed on November 9th •Had multiple local business participate in the filming •The video will be disseminated to all local business to use when renting or selling E-Bikes 17 Revise Municipal Code No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on a public roadway, highway, side alk, park, or private property open to the public . @l Unsafe manner means a rider violating any existing Huntington Beach Municipal Code, California Vehicle Code, or other existing la . An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area . fill Examples of riding in an unsafe manner may include, but are not limited to the following actions : L Riding on a side alk without due caution for pedestrians . !L._Riding on a side alk, against the flow of traffic . L NOt yielding to vehicles or pedestrians when required to by the California Vehicle Code . !t_lntentionally swerving or riding around stopped or slowed traffic . L Operating a conveyance in a manner it as not designed for, including carrying passengers hen not designed for carrying passengers . L_Not obeying posted signs . g_,_Ridin the conve ance in a manner other than it was desi ned . 18 Revise Municipal Code •A New Municipal Code was authored •Council voted unanimously to pass ordinance 10.84.140 on October 3rd, 2023 •18 citations were issued for the above municipal code in October •Fee structures were made consistent with existing Council Resolution •Gave authority to impound E-Bikes operated by minors 19 EngineeringEngineering 20 Engineering •Ongoing collaboration with Public Works, working with Toole Design and OCTA •Completed significant improvement to the Beach Path, including a third lane of travel 21 Engineering •Ongoing collaboration with Public Works, working with Toole Design and OCTA •Completed significant improvement to the Beach Path, including a third lane of travel 22 Engineering •Plans for more signage along heavily trafficked bike routes •Wrong Way signs on bike paths •Protected lanes of travel •Recently implemented “Bicycle Boulevard” 23 Engineering •Plans for more signage along heavily trafficked bike routes •Wrong Way signs on bike paths •Protected lanes of travel 24 School Policies 25 School Policies •Last year partnered with the Marina High School to implement a licensing program for students •This school year was adopted district- wide for all high schools 26 School Policies •Working with local middle schools to implement the program •Currently, Ocean View and Huntington Beach City School District have implemented the program •Program administered to over 1000 students 27 E-Bike Licensure Program •E-Bike Licenses most likely could not be enforced under current legislation •Legality of the program (AB 1909) is in question •Pending legislation may be delegated to the State (AB 530) •Through our research, no other municipality that has a licensing program 28 Additional Education Efforts 29 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners Chief Eric Parra Huntington Beach PD ---.,._ ---:::---... --- ~ )I: 30 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners •Distributed over 178 helmets at events 31 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners •Distributed multiple helmets at events •Participated in multiple safety clinics TIN ----------------~-=' 11 •. ,•: .... .,.., ... ,~ •. .,. ........ _ Jllf~.~-. • .,u • ., __ _ WIN A FREE RADRUNNER 2 ~ i I I~-.,,. -! , HB RAD POWER BIKES PRESENTS 21010 E PACIFIC COAST HWY HUNTINGTON B EACH SATURDAY, AUGUST 26TH Come join us at the Huntington Beach Showroom from 8am to 10am for coffee, pastries, and a d iscussion about E-Bi ke s a nd Safety ! RAD POWER BIKES OJJi r'RA°Ffic SAFETY 32 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners •Distributed multiple helmets at events •Participated in multiple safety clinics •Worked with Finance to distribute fliers with water bills An electric bicycle is a bicycle equipped with on electric motor that may be activated in order to assist with or replace pedaling. This guide is designed to help guests and residents understand the dos-ond·don'ts of e· bike safety, as well as the rules and regulations that come with navigating Huntington Beach by bicycle. ELECTRIC BICYCLES CLASS 1: Only pedol·ossls~ the motor aids up to speeds of 20 mph . CLASS 2: Pedal-assist or throttle; the motor aids up to speeds of 20 mph. CLASS 3: Only pedal assist; the motor olds up to speeds of 28 mph . MOPEDS A motorized bicycle or 'moped' hos no pedal s for propulslon by human power, may either be electric or gos powered, and Is capable of reaching maximum speeds of 30mph . ~IDU'S UCWE, II/MANCE !ti@ I.EfJmATIOII ~Vrt~? E·BIKE:NO MOPED: YES u,Y,t.E ♦ PE~ErrUAII SAf f TY ClASS The Huntington Beach Police Deportment beg an a Bicycle Safety Closs In 19n to educate jwenlle bike riders on the rules of the rood and the proper way to ride a bike. Now, the class Is open to all Huntington Beach residents and Is taught by a Huntington Beach Police Traffic Officer. Anyone under 18 years old must be accompanied by a parent or guardian. Bicycle safety classes will be held the 2nd Saturday of every other month at 8:00 AM (January, Morch, Moy, Ju~. September, November). To attend the classes or for add itional Information, please coll the Traffic Unit at (714) 536-5675 to reserve your spot Please leave a message with your name and telephone number. a HUNTINGTON BEACH • POLICE DEPARTMENT Chyol Huntington ltaeh Pollet Department 2000 Ma in Stree~ Htmtlngton Beach, CA ttq uttt Non•Emtrgtncy Otnt!Gl lnformotlon: PollctStrvlct: (714) 960-8811 (714) 960-8825 Funding for this pamphlet Is provided by a grant from the California Office of Traffic Scfety, lhrough lheNotlonol lfghwoyTrafflc Safety Administration Me, CAllFORNIA OFFIC E OF V ~'J TRAFFIC SAFETY -Mfl.. CAUFORNIA OFflCI OF V~TWFICWITY 33 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners •Distributed multiple helmets at events •Participated in multiple safety clinics •Worked with Finance to distribute fliers with water bills •9 Bike Rodeos for children in 2023 34 Additional Education Efforts •Hosted an E-Bike Summit for both public and private partners •Distributed multiple helmets at events •Participated in multiple safety clinics •Worked with Finance to distribute fliers with water bills •9 Bike Rodeos for children in 2023 •Facebook Live Event to address community concerns--<~ommunit ~roAi 35 Additional Enforcement EffortsAdditional Enforcement Efforts 36 Additional Enforcement Efforts •Applied for and received JAG Grant for E-Bike Enforcement ----______ _: 37 Additional Enforcement Efforts •Detailed Officers to specific schools during beginning and end of school •Trained officers on new municipal code by attending briefings ----______ _: 38 By the Numbers 160 140 120 100 80 60 40 20 0 2023 Bicycle Data 70 55 so 1514 9 8 I January February March 37 9 1 April 101 74 May 56 44 I June ■ All Bike Stops ■ Total Citations 135 82 66 3340 I I July August September Total Collisions 147 47 .. 39 By the Numbers 2023 E Bike Data 57 so 3 29 29 25 20 20 10 8 8 6 I January February March April May June July August September ■ E-Bike Citations ■ E-Bike Collisions 40 By the Numbers 2023 Bike Data All Bike Stops E-Bike Citations Bike Citation E-Bike Collisions Bike Collisions Total Citations Total Collisions January 55 4 7 8 5 11 13 February 70 8 7 3 11 15 14 March 50 3 6 6 2 9 8 April 37 1 6 3 1 9 May 101 11 63 3 10 74 13 June 56 20 24 12 13 44 25 July 66 29 9 22 18 38 40 August 82 25 2 18 11 27 29 September 135 57 16 16 10 73 26 October 147 29 18 18 14 47 32 Total 799 186 153 112 97 339 209 41 QUESTIONS? -.::. --);~ 3 1/ .# ----. ------~ ·-. , .. 42 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-980 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Alisa Backstrom, City Treasurer VIA:Alisa Backstrom, City Treasurer PREPARED BY:Alisa Backstrom, City Treasurer Subject: Receive and File the City Treasurer’s September 2023 Quarterly Investment Summary Report Statement of Issue: Receive and File the City Treasurer’s Quarterly Report for September 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Financial Impact: Not Applicable. Recommended Action: Receive and File the City Treasurer’s Quarterly Investment Report for September 2023, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or Critique Quarterly report. Analysis: Not Applicable. Environmental Status: Not Applicable. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Treasurer’s Quarterly Report of September 2023 2. Treasurer’s PowerPoint Presentation for September 2023 City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™43 1 City of Huntington Beach Quarterly Investment Report September 2023 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Colin Stevens, MPP Treasury Manager a l--8 IIU NTINC TDN OCACII 44 2 INVESTMENT PORTFOLIO SUMMARY As of September 30, 2023 Currently, funds within this portfolio with overnight availability are invested in the California Asset Management Program “CAMP”. The CAMP account is considered a “Local Government Investment Pool” or “LGIP” for reporting purposes above. Other funds are invested in U.S. Treasuries, Supranationals (International Bank of Reconstruction and Development “IBRD”, Inter -American Development Bank “IADB”), U.S. Agencies, and corporate bonds. Only the investment types allowed under California Government code Section 53601 and the City’s Investment Policy Statement are utilized. The Federal Reserve Open Market Committee (“FOMC” or “the Fed”) continued to raise the federal funds rate throughout 2023. Over the last year, the Fed has significantly moved the target rate off the 0% level that it had maintained for two years, with the central bank raising rates eleven times since March 2022 in an effort to combat inflation . At the most recent September 2023 meeting, the FOMC maintained the federal funds rate at 5.25 to 5.50 percent. As interest rates rise, the market value of securities previously purchased with interest rates lower than current market rates, goes down. This has resulted in the current market value of the portfolio being lower than the book value, at $335.1 million versus $350.7 million, respectively. As investments are primarily held to maturity, the market value is only a point-in-time measurement and no loss is realized. The increasing interest rates will allow excess funds to be invested at higher rates resulting in increased interest income in the future. a l--8 IIUNTINCTDN OCACII Portfo lio In vestm ent s Par Value Book Value Book Value % of Market Va lue Book Yield Days to Maturity Port Contribution Local Govt Inv Pools (LGIP) $33,027,683.32 $33,027,683.32 9.42% $33,027,683.32 0.52% 1 U.S. Treasuries $68,000,000.00 $67,744,349.35 19.32% $64,323,940.00 0.35% 604 Supranational $25,000,000.00 $24,831,076.11 7.08% $23,223,900.00 0.10% 862 U.S. Agencies $18 1,525,000.00 $181,172,203.31 51.66% $171,881,822.75 1.19% 784 Corporates $44,446,000.00 $43,935,300.54 12.53% $42,654,140.07 0.38% 635 Total $351,998,683.32 $350,710,6 12.63 100.00% $335,111,486.14 2.54% 662 45 3 PORTFOLIO BREAKOUT BY SECTOR As of September 30, 2023 The largest holding by security type at month-end was U.S. Agency securities at approximately 52% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 19% of the total portfolio as of September 30, 2023. INVESTMENT PORTFOLIO EARNINGS As of September 30, 2023 a l--8 II UNTINCTDN OCACII Sector Breakdown Co r por ates _____ __ 12.53 % U.S. Agen cies ___ ., 51.66% Loc al Govt Inv Pool s (LG IP) 9 .42 % U .S . .,,,,,--T r easu r i es 1 9 .32% Supran ational 7.08% Book V a lue % of Port ~ ___ P_e_ri_o_d_E_a_rn_i_ng_s_S_u_m_m_a_ry_(3_0_D_a_y_s_) ___ ~I l~ ____ F_is_ca_l_YT_D_S_um_m_a_ry_(9_2_D_a_y s_) ____ ~ Net Pe riod Ea rnings $740,048.71 Last FY Peri od N et Earni ngs $362,968.85 Avg D a ily Book Bal ance $352,304,246.00 N et Effective A n nual Return 2.593% N e t Perio d Earnings Last FY Pe ri o d N et Earnings Avg D a ily Book Ba l ance N et Effecti ve A nnua l Re t u rn $2,355 ,368.85 $95 1 ,588.71 $362,0 12,587.24 2.614% 46 4 Earnings for the month of September 2023 were $740,049, an increase of approximately 77% from the same month in the prior year. Fiscal year to date earnings of $2,355,369 were up approximately 147% from the previous fiscal year. These higher earnings were due to both the increase in interest rates and the higher average balance of the portfolio. The effective rate of return for September was 2.59%, with a fiscal year-to-date return of 2.61%. The increase in the September rate of return over that of the fiscal year-to-date return is a result of the portfolio investing in the higher available rates. The benchmark has increased rapidly with the sharp rise in interest rates through 2022 into 2023. At the end of September, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.71%. The portfolio will lag behind the benchmark, as it will take time for previously purchased securities to mature and for funds to be reinvested. QUARTERLY PORTFOLIO ACTIVITY July 1 to September 30, 2023 As the Federal Reserve continued to raise rates throughout the year, available funds were invested into higher yielding options. For the quarter ending September 30, 2023, one U.S. Agency was purchased (FAMCA) totaling $2.0 million and one Supranational (IADB) was purchased totaling 5.0 million. Three U.S. Treasuries matured for $15 million, Two Supranationals matured for $9 million, two U.S. Agencies for $10 million matured, and $2 million in Corporate Bonds matured. a l--8 IIUNTINCTDN OCACII $ in 000s Security Type U .S. T reasuries Supra nationa ls U .S. Agencies Co r por ate Bonds TOTALS: Transacti on Type: Purchase Matu r ity/Sa l e $0 $15,000 $5,000 $9,000 $2,000 $10,000 $0 ----$2,000 $7,000 ----$36,000 47 5 COMPLIANCE SUMMARY As of September 30, 2023 There were no compliance issues during this period. ECONOMIC AND MARKET OVERVIEW The Federal Open Market Committee (FOMC) met in September to discuss the current state of the economy and to examine potential future interest rate adjustments. They concluded that recent indicators suggest that economic activity has been expanding at a solid pace. In determining the extent of additional policy firming that may be appropriate to return inflation to 2 percent over time, the Committee will take into account the cumulative tightening of monetary policy, the lags with which monetary policy affects economic activity and inflation, and economic and financial developments. a l--8 IIU NTINC TDN OCACII INVESTMENT MAXIMUM SPECIFIED % MINIMUM QUALITY IN MAXIMUM MATURITY OF PORTFOLIO/ TYPE MAXIMUM PER ISSUER REQUI REM ENTS COMPLIANCE U .S . Treasuri es 5 years None None YES U .S . Agencies 5 years None None YES Supranationals 5 years 30% ·AA· Rating Category YES Corporate B onds 5 years 30%/10% •A• Rating Category YES C A Asset Management N/A Up to $75,000,000 Non e Program (CAMP) YES Ma ximum Matu rities N o more t han 50% of portfolio maturing ov e r 4 y ears . YE S MARKET SUMMARY: JUNE 30, 2023 -SEPTEMBER 29, 2023 Fed Funds 2 -Yr. 10-Yr. As of: Rate Treasury Treasury S&P 500 DJI A 6 /30/2023 5 .00-5 .25 % 4.87% 3 .8 1 % $ 4,450.3 8 $ 34,407 .60 9 /29/2023 5 .25-5.5 0 % 5 .03% 4 .59% $ 4 ,2 8 8 .0 5 $ 33,507.5 0 % Chang e 4 .76% 3 .2 9 % 20.4 7% -3 .6 5 % -2.62% 48 6 Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 4.59%, up from 3.81% at the end of June. The S&P 500 decreased by 3.65% while the DJIA decreased by 2.62% respectively, over the same period. Employment: Total nonfarm payroll employment rose by 336,000 in September, and the unemployment rate was little changed at 3.8 percent. Notable job gains occurred in leisure and hospitality, government, health care, professional, scientific, technical services, and social assistance. a l--8 IIUNTINCTDN OCACII 49 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $33,027,683.32 $33,027,683.32 9.42%$33,027,683.32 0.52%1 $68,000,000.00 $67,744,349.35 19.32%$64,323,940.00 0.35%604 $25,000,000.00 $24,831,076.10 7.08%$23,223,900.00 0.10%862 $181,525,000.00 $181,172,203.31 51.66%$171,881,822.75 1.19%784 $44,446,000.00 $43,935,300.54 12.53%$42,654,140.07 0.38%635 $351,998,683.32 $350,710,612.62 100.00%$335,111,486.14 2.54%662 Portfolio Investments 09/30/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 1 Purchases 1 Total Activity 2 Period Transactions Redemptions 8 Purchases 2 Total Activity 10 Net Period Earnings $2,355,368.85 Last FY Period Net Earnings $951,588.71 Avg Daily Book Balance $362,012,587.24 $1.00 $1.00 Net Effective Annual Return 2.614% Net Period Earnings $740,048.71 Last FY Period Net Earnings $362,968.85 Avg Daily Book Balance $352,304,246.00 $1.00 $1.00 Net Effective Annual Return 2.593% Fiscal YTD Summary (92 Days)Period Earnings Summary (30 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $335,111,486.14 sum2 Total Book Value $2.00 $350,710,612.62 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 09/01/2023 - 09/30/2023 Full Accrual Basis sum2 Total Par Value $1.00 $351,998,683.32 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.710% ____________________________________________ 7 ~=====;:::=======: .__r---_ -_ -_ -_ -_ ----.------_ -_ -_ -_ -_ __J~ ::=============;::::=-==========~ '-;::::=__----==----------==-------~-~------' I l 50 Portfolio Composition Report City of Huntington Beach Portfolio: CITY Reporting Date: 09/30/2023 Portfolio Composition Report Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity EffDur Contribution Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Total $33,027,683.32 $33,027,683.32 $33,027,683.32 9.42%5.55%0.52%1 $68,000,000.00 $67,744,349.35 $64,323,940.00 19.32%1.79%0.35%604 0.30 $25,000,000.00 $24,831,076.11 $23,223,900.00 7.08%1.38%0.10%862 0.15 $181,525,000.00 $181,172,203.31 $171,881,822.75 51.66%2.30%1.19%784 1.01 $44,446,000.00 $43,935,300.54 $42,654,140.07 12.53%3.06%0.38%635 0.21 $351,998,683.32 $350,710,612.63 $335,111,486.14 100.00%2.54%662 1.67 sum2 Total Market Value $1.00 $335,111,486.14 sum2 Total Book Value $2.00 $350,710,612.63 sum2 Total Par Value $1.00 $351,998,683.32 Market Value Book Value Par Value Total Cash & Investments Gain/Loss Est.($15,599,126.49) 8 'I. s ' ' .. - -. . -.... s ' I I 1 I I r I I [ I I I 51 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 33,027,683.32 33,027,683.32 33,027,683.32 5.55 9.42%NR CITY Fund Total           33,027,683.32               33,027,683.32               33,027,683.32    9.42% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 09/30/2023 9 52 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating 4364 9128286Z8 T 1.750 06/30/2024 U.S. Treasury Note 04/29/2022 05/02/2022 7,000,000.00 6,950,483.33 6,808,620.00 2.730 0.73 273 1.98%Aaa 4370 912828XX3 T 2.000 06/30/2024 U.S. Treasury Note 05/26/2022 05/27/2022 5,000,000.00 4,983,272.06 4,872,850.00 2.462 0.73 273 1.42%Aaa 4353 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 01/13/2022 01/14/2022 5,000,000.00 5,029,614.64 4,849,050.00 1.028 0.81 304 1.43%Aaa 4358 912828Y87 T 1.750 07/31/2024 U.S. Treasury Note 02/10/2022 02/11/2022 4,000,000.00 4,005,034.05 3,879,240.00 1.595 0.81 304 1.14%Aaa 4361 912828D56 T 2.375 08/15/2024 U.S. Treasury Note 03/21/2022 03/22/2022 5,000,000.00 5,005,683.44 4,867,800.00 2.240 0.85 319 1.43%Aaa 4298 912828YH7 T 1.500 09/30/2024 U.S. Treasury Note 12/04/2019 12/05/2019 5,000,000.00 4,995,440.09 4,810,150.00 1.595 0.97 365 1.42%Aaa 4350 912828YM6 T 1.500 10/31/2024 U.S. Treasury Note 12/30/2021 12/31/2021 3,000,000.00 3,018,560.35 2,877,180.00 0.920 1.05 396 0.86%Aaa 4376 91282CEU1 T 2.875 06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00 2,932,735.88 2,888,190.00 4.276 1.62 623 0.84%Aaa 4330 91282CAB7 T 0.250 07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00 4,967,029.73 4,578,150.00 0.615 1.78 669 1.42%Aaa 4340 91282CAJ0 T 0.250 08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00 4,954,236.40 4,562,300.00 0.735 1.86 700 1.41%Aaa 4351 9128284Z0 T 2.750 08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00 5,154,115.01 4,786,550.00 1.103 1.83 700 1.47%Aaa 4341 91282CCP4 T 0.625 07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00 4,955,118.89 4,450,200.00 0.950 2.73 1,034 1.41%Aaa 4339 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00 996,012.90 890,510.00 0.890 2.81 1,065 0.28%Aaa 4342 91282CCW9 T 0.750 08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00 4,924,534.48 4,452,550.00 1.285 2.81 1,065 1.40%Aaa 4379 91282CEW7 T 3.250 06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00 4,872,478.10 4,750,600.00 4.000 3.43 1,368 1.39%Aaa U.S. Treasuries           68,000,000.00           67,744,349.35           64,323,940.00 19.32% 4323 459056HV2 IBRD 1.500     08/28/2024 Int'l Bank for Recon and Dev 04/21/2021 04/23/2021           5,000,000.00           5,048,412.28           4,817,650.00 0.425 0.88 332 1.44% Aaa 4338 459058JE4 IBRD 0.376 07/28/2025 Int'l Bank for Recon and Dev 07/28/2021 07/30/2021 5,000,000.00 4,981,267.73 4,581,200.00 0.583 1.77 666 1.42%Aaa 4319 459058JL8 IBRD 0.500     10/28/2025 Int'l Bank for Recon and Dev 01/08/2021 01/12/2021           5,000,000.00           4,998,809.82           4,550,300.00 0.512 2.01 758 1.43% Aaa 4324 45906M2L4 IBRD 0.650     02/24/2026 Int'l Bank for Recon and Dev 04/28/2021 04/30/2021           5,000,000.00           4,974,219.49           4,480,750.00 0.870 2.32 877 1.42% Aaa 4401 45818WEQ5 IADB 3.800     06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023           5,000,000.00           4,828,366.78           4,794,000.00 4.622 4.16 1,713 1.38% Aaa Supranational           25,000,000.00           24,831,076.10           23,223,900.00 7.08% 4377 313384ND7 FHDN 0.000     10/19/2023 Federal Home Loan Bank DN 12/02/2022 12/05/2022           3,000,000.00           2,993,092.50           2,992,740.00 4.817 0.05 18 0.85% P-1 4387 3130AUXN9 FHLB 5.000     02/15/2024 Federal Home Loan Bank 04/24/2023 04/25/2023           3,000,000.00           3,000,734.69           2,993,040.00 4.923 0.37 137 0.86% Aaa 4292 3133ECHX5 FFCB 2.260     03/13/2024 Federal Farm Credit Bank 05/22/2019 05/23/2019           5,000,000.00           5,000,505.66           4,929,900.00 2.236 0.44 164 1.43% Aaa 4378 3130ATVC8 FHLB 4.875     06/14/2024 Federal Home Loan Bank 12/27/2022 12/28/2022           5,000,000.00           5,004,208.65           4,970,250.00 4.740 0.67 257 1.43% Aaa 4348 3130AQD42 FHLB 0.920     06/28/2024 Federal Home Loan Bank 12/14/2021 12/28/2021           5,000,000.00           5,000,000.00           4,830,400.00 0.920 0.72 271 1.43% Aaa 4380 3134GYCP5 FHLMC 5.000     07/23/2024 Federal Home Loan Mortgage 01/05/2023 01/23/2023           5,000,000.00           5,000,000.00           4,975,700.00 5.000 0.75 296 1.43% Aaa 4344 3130AQ3C5 FHLB 1.000     08/28/2024 Federal Home Loan Bank 12/01/2021 12/02/2021           4,000,000.00           4,000,000.00           3,837,960.00 1.000 0.88 332 1.14% Aaa 4373 3133XVDG3 FHLB 4.375     09/13/2024 Federal Home Loan Bank 09/22/2022 09/23/2022           5,000,000.00           5,006,045.21           4,948,500.00 4.240 0.92 348 1.43% Aaa 4336 3130AMXJ6 FHLB 0.500     09/30/2024 Federal Home Loan Bank 06/17/2021 06/30/2021           5,000,000.00           5,000,000.00           4,754,550.00 0.500 0.97 365 1.43% Aaa 4346 3130AQD59 FHLB 1.000     09/30/2024 Federal Home Loan Bank 12/14/2021 12/30/2021           5,000,000.00           5,000,000.00           4,778,600.00 1.000 0.97 365 1.43% Aaa 4349 3130AQD59 FHLB 1.000     09/30/2024 Federal Home Loan Bank 12/22/2021 12/30/2021           5,000,000.00           5,000,000.00           4,778,600.00 1.000 0.97 365 1.43% Aaa 4334 3130AMW65 FHLB 0.500     12/30/2024 Federal Home Loan Bank 06/15/2021 06/30/2021           5,000,000.00           5,000,000.00           4,699,600.00 0.500 1.21 456 1.43% Aaa 4332 3130AMQ62 FHLB 0.625     03/14/2025 Federal Home Loan Bank 05/26/2021 06/14/2021           5,000,000.00           5,000,000.00           4,662,750.00 0.625 1.41 530 1.43% Aaa 4397 3130AWER7 FHLB 4.625     06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023           3,000,000.00           2,998,391.77           2,975,310.00 4.659 1.57 614 0.85% Aaa 4329 3135G04Z3 FNMA 0.500     06/17/2025 Federal National Mortgage Assoc 05/13/2021 05/14/2021           5,000,000.00           4,989,189.68           4,623,000.00 0.628 1.66 625 1.42% Aaa 4381 3135G04Z3 FNMA 0.500     06/17/2025 Federal National Mortgage Assoc 01/12/2023 01/13/2023           5,000,000.00           4,716,315.79           4,623,000.00 4.013 1.66 625 1.34% Aaa 4345 3130AQ5S8 FHLB 1.250 06/30/2025 Federal Home Loan Bank 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,333,474.50 1.250 1.68 638 1.33%Aaa 4327 3130AMDL3 FHLB 0.800 07/25/2025 Federal Home Loan Bank 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,610,900.00 0.800 1.75 663 1.43%Aaa 4360 3130AQT94 FHLB 1.600 08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00 4,556,828.60 4,287,095.25 1.816 1.84 697 1.30%Aaa 4331 3130AMQ54 FHLB 0.700 09/16/2025 Federal Home Loan Bank 05/26/2021 06/16/2021 5,000,000.00 5,000,000.00 4,579,100.00 0.700 1.90 716 1.43%Aaa 4318 3135GA2Z3 FNMA 0.560 11/17/2025 Federal National Mortgage Assoc 01/08/2021 01/11/2021 3,000,000.00 3,001,447.77 2,716,860.00 0.500 2.06 778 0.86%Aaa 4320 3130AKN36 FHLB 0.525 01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00 4,997,711.11 4,493,850.00 0.545 2.22 837 1.43%Aaa 4321 3130AKN85 FHLB 0.550 01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00 4,998,848.61 4,493,900.00 0.560 2.23 842 1.43%Aaa 4322 3130AKUS3 FHLB 0.500 01/28/2026 Federal Home Loan Bank 01/26/2021 01/28/2021 5,000,000.00 5,000,000.00 4,484,550.00 0.500 2.25 850 1.43%Aaa 4333 3130ALEY6 FHLB 0.800 03/04/2026 Federal Home Loan Bank 06/09/2021 06/10/2021 5,000,000.00 5,000,000.00 4,499,850.00 0.800 2.34 885 1.43%Aaa 4328 3130AMJN3 FHLB 1.030 05/26/2026 Federal Home Loan Bank 05/12/2021 05/26/2021 5,000,000.00 5,000,000.00 4,494,000.00 1.030 2.54 968 1.43%Aaa Portfolio: CITYSecurities By Sector Report City of Huntington Beach Reporting Period: 09/30/2023 10 - - - - - - 53 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating 4335 3130AMFS6 FHLB 0.750 06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00 4,983,771.59 4,479,300.00 0.873 2.60 985 1.42%Aaa 4388 3130AVWS7 FHLB 3.750 06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00 2,996,362.02 2,912,160.00 3.796 2.48 985 0.85%Aaa 4398 3133EPNG6 FFCB 4.375 06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00 2,998,772.50 2,960,640.00 4.391 2.50 996 0.86%Aaa 4347 3130AQ7E7 FHLB 1.500 06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00 5,001,220.99 4,535,600.00 1.339 2.61 1,003 1.43%Aaa 4384 3130AUMC5 FHLB 3.750 07/20/2026 Federal Home Loan Bank 01/17/2023 01/19/2023 5,000,000.00 5,000,000.00 4,844,850.00 3.750 2.59 1,023 1.43%Aaa 4356 3130AQS79 FHLB 1.375 08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00 5,000,000.00 4,584,200.00 1.375 2.70 1,041 1.43%Aaa 4386 3133EPGT6 FFCB 3.875 04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00 4,994,868.92 4,840,850.00 3.906 3.22 1,303 1.42%Aaa 4389 3133EPJP1 FFCB 3.625 05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00 4,987,486.91 4,798,500.00 3.700 3.27 1,319 1.42%Aaa 4392 3130AW4N7 FHLB 3.630 06/04/2027 Federal Home Loan Bank 05/16/2023 05/18/2023 5,000,000.00 5,000,000.00 4,801,350.00 3.630 3.34 1,342 1.43%Aaa 4396 3133EPMV4 FFCB 4.125 06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00 4,999,119.93 4,878,800.00 4.130 3.34 1,353 1.43%Aaa 4385 3134GYPF3 FHLMC 4.750 07/12/2027 Federal Home Loan Mortgage 04/21/2023 04/24/2023 3,300,000.00 3,295,561.96 3,209,613.00 4.791 2.39 1,380 0.94%Aaa 4395 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00 5,004,323.39 4,855,900.00 3.979 4.15 1,713 1.43%Aaa 4399 3130AWC24 FHLB 4.000 06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00 4,997,395.06 4,855,900.00 4.012 4.15 1,713 1.42%Aaa 4400 31422X5U2 FAMCA 5.100 08/07/2028 Federal Agricultural Mtge Corp 08/02/2023 08/07/2023 2,000,000.00 2,000,000.00 1,956,680.00 5.100 2.98 1,772 0.57%NR U.S. Agencies           181,525,000.00           181,172,203.31           171,881,822.75 51.66% 4300 254687CR5 DIS 4.000 10/01/2023 Disney 12/12/2019 12/16/2019 2,875,000.00 2,875,000.00 2,875,000.00 4.000 0.00 0 0.82%A2 4355 67066GAL8 NVDA 0.584 06/14/2024 Nvidia 01/20/2022 01/24/2022 5,000,000.00 4,977,009.36 4,826,750.00 1.250 0.69 257 1.42%A1 4325 91159HHX1 USB 2.400 07/30/2024 US Bank 04/28/2021 04/30/2021 3,809,000.00 3,866,041.89 3,699,872.15 0.528 0.80 303 1.10%A3 4343 14913R2P1 CAT 0.600 09/13/2024 Caterpillar 11/30/2021 12/02/2021 5,000,000.00 4,982,216.68 4,768,850.00 0.980 0.93 348 1.42%A2 4371 459200KS9 IBM 4.000 07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00 6,019,384.62 5,842,140.00 3.810 1.71 665 1.72%A3 4372 931142EW9 WMT 3.900 09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00 4,977,365.70 4,873,950.00 4.150 1.83 709 1.42%Aa2 4382 717081DV2 PFE 2.750 06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00 4,828,027.65 4,690,300.00 4.142 2.50 976 1.38%A1 4375 110122CN6 BMY 3.200 06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00 4,841,545.54 4,743,100.00 4.480 2.49 988 1.38%A2 4390 931142EM1 WMT 3.050 07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00 4,179,532.52 4,038,445.62 3.752 2.56 1,011 1.19%Aa2 4391 904764AU1 UNANA 2.000 07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00 2,389,176.58 2,295,732.30 3.752 2.67 1,031 0.68%A1 Corporates           44,446,000.00           43,935,300.54           42,654,140.07 12.53% Holdings           318,971,000.00           317,682,929.30           302,083,802.82 90.58% Portfolio: CITYSecurities By Sector Report City of Huntington Beach Reporting Period: 09/30/2023 11 - 54 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 09/30/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 09/01/2023 Deposit $5,000,000.00 003 California Asset Management Program 09/01/2023 Interest Received $174,373.51 003 California Asset Management Program 09/07/2023 Withdrawal ($5,000,000.00) 003 California Asset Management Program 09/21/2023 Withdrawal ($3,000,000.00) Activity Total ($2,825,626.49) 12 55 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 09/30/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4289 Maturity 3135G0U43 FNMA 2.875 09/12/2023 100.00000 09/12/2023 09/12/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 Activity Total $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 13 56 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 09/30/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4401 Buy 45818WEQ5 IADB 3.800 06/09/2028 96.54700 09/21/2023 09/21/2023 5,000,000.00 $4,827,350.00 $53,833.33 $4,881,183.33 Activity Total 5,000,000.00 $4,827,350.00 $53,833.33 $4,881,183.33 14 57 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 09/30/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4333 Interest Income 3130ALEY6 FHLB 0.800 03/04/2026 09/05/2023 $20,000.00 $20,000.00 4372 Interest Income 931142EW9 WMT 3.900 09/09/2025 09/11/2023 $97,500.00 $97,500.00 4289 Interest Income 3135G0U43 FNMA 2.875 09/12/2023 09/12/2023 $71,875.00 $71,875.00 4343 Interest Income 14913R2P1 CAT 0.600 09/13/2024 09/13/2023 $15,000.00 $15,000.00 4373 Interest Income 3133XVDG3 FHLB 4.375 09/13/2024 09/13/2023 $109,375.00 $109,375.00 4292 Interest Income 3133ECHX5 FFCB 2.260 03/13/2024 09/13/2023 $56,500.00 $56,500.00 4332 Interest Income 3130AMQ62 FHLB 0.625 03/14/2025 09/14/2023 $15,625.00 $15,625.00 4331 Interest Income 3130AMQ54 FHLB 0.700 09/16/2025 09/18/2023 $17,500.00 $17,500.00 Activity Total $403,375.00 $0.00 $403,375.00 15 58 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements August 2023 September 2023 Receipts General Fund Property Tax 146,433$ 999,234$ Local Sales Tax 4,520,296 3,935,747 Public Safety Sales Tax 308,068 231,199 Transient Occupancy Tax (TOT)2,350,278 1,671,484 Utility Users Tax (UUT)1,677,550 1,693,569 Other Revenue 6,655,336 4,620,877 Total General Fund Revenue 15,657,960 13,152,111 Total All Other Funds Revenue 22,247,844 20,570,921 Total Receipts 37,905,805$ 33,723,032$ Disbursements General Fund Personnel Services (12,752,122)(11,240,451) Operating Expenses (5,655,424)(3,259,040) Capital Expenditures (32,273) - Non-Operating Expenses (2,233,505) (3,831,000) Total General Fund Disbursements (20,673,324)(18,330,491) Total All Other Funds Disbursements (26,829,196) (26,126,206) Total Disbursements (47,502,520)(44,456,698) Net Change in Cash Flow (9,596,716)$ (10,733,666)$ Summary of Cash by Fund August 2023 September 2023 General Fund 118,153,827$ 112,975,447$ General Fund Other 5,566,110 5,441,478 Capital Projects Funds 54,697,885 51,962,133 Debt Service Funds 27,369,618 27,369,118 Enterprise Funds 70,967,488 71,636,048 Trust and Agency Funds 6,510,311 5,653,447 Internal Service Funds 35,330,660 32,950,294 Special Revenue Funds 44,218,565 44,092,833 General Ledger Cash Balances *362,814,464$ 352,080,798$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office September 2023 16 59 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $35,853,309.81 $35,853,309.81 10.14%$35,853,309.81 0.56%1 $68,000,000.00 $67,735,644.10 19.15%$64,377,860.00 0.34%634 $20,000,000.00 $20,005,351.47 5.66%$18,463,750.00 0.03%687 $186,525,000.00 $186,146,173.90 52.63%$177,389,944.75 1.21%792 $44,446,000.00 $43,925,083.32 12.42%$42,773,576.38 0.36%665 $354,824,309.81 $353,665,562.60 100.00%$338,858,440.94 2.51%660 Portfolio Investments 08/31/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) City Portfolio Certification Fiscal YTD Transactions Redemptions 2 Purchases 1 Total Activity 3 Period Transactions Redemptions 7 Purchases 1 Total Activity 8 Net Period Earnings $1,615,320.14 Last FY Period Net Earnings $588,619.86 Avg Daily Book Balance $366,866,757.87 $1.00 $1.00 Net Effective Annual Return 2.627% Net Period Earnings $760,811.63 Last FY Period Net Earnings $251,703.44 Avg Daily Book Balance $361,872,606.06 $1.00 $1.00 Net Effective Annual Return 2.511% Fiscal YTD Summary (62 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $338,858,440.94 sum2 Total Book Value $2.00 $353,665,562.60 Market Value Book Value Par Value Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 08/01/2023 - 08/31/2023 Full Accrual Basis sum2 Total Par Value $1.00 $354,824,309.81 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.620% ____________________________________________ 17 ~=====;:::=======: .__r---_ -_ -_ -_ -_ ----.------_ -_ -_ -_ -_ __J~ ::=============;::::=-==========~ '-;::::=__----==----------==-------~-~------' I l 60 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 35,853,309.81 35,853,309.81 35,853,309.81 5.52 10.14%NR CITY Fund Total           35,853,309.81               35,853,309.81               35,853,309.81    10.14% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 08/31/2023 18 61 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4364 9128286Z8 T 1.750     06/30/2024 0.83Yr-Fixed 04/29/2022 05/02/2022           7,000,000.00           6,945,041.94           6,794,410.00 2.730 0.81 303 1.96% Aaa/AA+/AAA 4370 912828XX3 T 2.000     06/30/2024 0.83Yr-Fixed 05/26/2022 05/27/2022           5,000,000.00           4,981,433.82           4,862,700.00 2.462 0.81 303 1.41% Aaa/AA+/AAA 4353 912828Y87 T 1.750     07/31/2024 0.91Yr-Fixed 01/13/2022 01/14/2022           5,000,000.00           5,032,537.14           4,836,700.00 1.028 0.89 334 1.42% Aaa/AA+/AAA 4358 912828Y87 T 1.750     07/31/2024 0.91Yr-Fixed 02/10/2022 02/11/2022           4,000,000.00           4,005,530.83           3,869,360.00 1.595 0.89 334 1.13% Aaa/AA+/AAA 4361 912828D56 T 2.375     08/15/2024 0.96Yr-Fixed 03/21/2022 03/22/2022           5,000,000.00           5,006,217.93           4,858,800.00 2.240 0.93 349 1.42% Aaa/AA+/AAA 4298 912828YH7 T 1.500     09/30/2024 1.08Yr-Fixed 12/04/2019 12/05/2019           5,000,000.00           4,995,065.30           4,800,800.00 1.595 1.04 395 1.41% Aaa/AA+/AAA 4350 912828YM6 T 1.500     10/31/2024 1.17Yr-Fixed 12/30/2021 12/31/2021           3,000,000.00           3,019,966.43           2,873,310.00 0.920 1.13 426 0.85% Aaa/AA+/AAA 4376 91282CEU1 T 2.875     06/15/2025 1.79Yr-Fixed 11/17/2022 11/18/2022           3,000,000.00           2,929,496.84           2,893,710.00 4.276 1.70 653 0.83% Aaa/AA+/AAA 4330 91282CAB7 T 0.250     07/31/2025 1.91Yr-Fixed 05/18/2021 05/19/2021           5,000,000.00           4,965,551.24           4,580,300.00 0.615 1.86 699 1.40% Aaa/AA+/AAA 4340 91282CAJ0 T 0.250     08/31/2025 2.00Yr-Fixed 09/23/2021 09/27/2021           5,000,000.00           4,952,275.10           4,565,250.00 0.735 1.95 730 1.40% Aaa/AA+/AAA 4351 9128284Z0 T 2.750     08/31/2025 2.00Yr-Fixed 12/30/2021 12/31/2021           5,000,000.00           5,160,719.94           4,799,600.00 1.103 1.91 730 1.46% Aaa/AA+/AAA 4341 91282CCP4 T 0.625     07/31/2026 2.91Yr-Fixed 09/30/2021 09/30/2021           5,000,000.00           4,953,816.73           4,471,300.00 0.950 2.81 1,064 1.40% Aaa/AA+/AAA 4339 91282CCW9 T 0.750     08/31/2026 3.00Yr-Fixed 09/23/2021 09/23/2021           1,000,000.00           995,900.58           895,270.00 0.890 2.89 1,095 0.28% Aaa/AA+/AAA 4342 91282CCW9 T 0.750     08/31/2026 3.00Yr-Fixed 11/22/2021 11/23/2021           5,000,000.00           4,922,408.69           4,476,350.00 1.285 2.89 1,095 1.39% Aaa/AA+/AAA 4379 91282CEW7 T 3.250 06/30/2027 3.83Yr-Fixed 12/28/2022 12/29/2022 5,000,000.00 4,869,681.57 4,800,000.00 4.000 3.51 1,398 1.38%Aaa/AA+/AAA U.S. Treasuries           68,000,000.00           67,735,644.10           64,377,860.00 19.15% 4323 459056HV2 IBRD 1.500 08/28/2024 0.99Yr-Fixed 04/21/2021 04/23/2021 5,000,000.00 5,052,853.78 4,815,050.00 0.425 0.96 362 1.43%Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 1.91Yr-Fixed 07/28/2021 07/30/2021 5,000,000.00 4,980,412.38 4,589,150.00 0.583 1.85 696 1.41%Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 2.16Yr-Fixed 01/08/2021 01/12/2021 5,000,000.00 4,998,762.02 4,561,150.00 0.512 2.09 788 1.41%Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 2.48YrNC2.79Mo-Dq-Fixed 04/28/2021 04/30/2021 5,000,000.00 4,973,323.30 4,498,400.00 0.870 2.40 907 1.41%Aaa/AAA/AAA Supranational           20,000,000.00           20,005,351.47           18,463,750.00 5.66% 4289 3135G0U43 FNMA 2.875 09/12/2023 0.03Yr-Fixed 03/14/2019 03/15/2019 5,000,000.00 5,000,589.12 4,996,050.00 2.465 0.03 11 1.41%Aaa/AA+/AAA 4377 313384ND7 FHDN 0.000 10/19/2023 0.13Yr-Disco 12/02/2022 12/05/2022 3,000,000.00 2,981,580.00 2,979,480.00 4.817 0.13 48 0.84%P-1/A-1+/NR 4387 3130AUXN9 FHLB 5.000 02/15/2024 0.46Yr-Fixed 04/24/2023 04/25/2023 3,000,000.00 3,000,899.17 2,992,200.00 4.923 0.45 167 0.85%Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 0.53Yr-Fixed 05/22/2019 05/23/2019 5,000,000.00 5,000,599.31 4,912,800.00 2.236 0.51 194 1.41%Aaa/AA+/AAA 4378 3130ATVC8 FHLB 4.875 06/14/2024 0.79Yr-Fixed 12/27/2022 12/28/2022 5,000,000.00 5,004,707.70 4,980,050.00 4.740 0.76 287 1.42%Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 0.82YrNC0.92Mo-Dq-Fixed 12/14/2021 12/28/2021 5,000,000.00 5,000,000.00 4,815,800.00 0.920 0.80 301 1.41%Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 0.89YrNC1.74Mo-1x-Fixed 01/05/2023 01/23/2023 5,000,000.00 5,000,000.00 4,975,400.00 5.000 0.78 326 1.41%Aaa/AA+/AAA 4344 3130AQ3C5 FHLB 1.000 08/28/2024 0.99YrNC2.92Mo-Dq-Fixed 12/01/2021 12/02/2021 4,000,000.00 4,000,000.00 3,822,480.00 1.000 0.96 362 1.13%Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 1.03Yr-Fixed 09/22/2022 09/23/2022 5,000,000.00 5,006,575.49 4,951,600.00 4.240 0.98 378 1.42%Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 1.08YrNC0.99Mo-Dq-Fixed 06/17/2021 06/30/2021 5,000,000.00 5,000,000.00 4,743,350.00 0.500 1.05 395 1.41%Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 1.08YrNC0.99Mo-Dq-Fixed 12/14/2021 12/30/2021 5,000,000.00 5,000,000.00 4,769,300.00 1.000 1.05 395 1.41%Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 1.08YrNC0.99Mo-Dq-Fixed 12/22/2021 12/30/2021 5,000,000.00 5,000,000.00 4,769,300.00 1.000 1.05 395 1.41%Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 1.33YrNC0.99Mo-Dq-Fixed 06/15/2021 06/30/2021 5,000,000.00 5,000,000.00 4,689,650.00 0.500 1.29 486 1.41%Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 1.53YrNC0.46Mo-Dq-Fixed 05/26/2021 06/14/2021 5,000,000.00 5,000,000.00 4,655,550.00 0.625 1.48 560 1.41%Aaa/AA+/NR 4397 3130AWER7 FHLB 4.625 06/06/2025 1.76Yr-Fixed 06/14/2023 06/15/2023 3,000,000.00 2,998,312.03 2,977,710.00 4.659 1.65 644 0.85%Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 1.79Yr-Fixed 05/13/2021 05/14/2021 5,000,000.00 4,988,663.20 4,619,950.00 0.628 1.74 655 1.41%Aaa/AA+/AAA 4381 3135G04Z3 FNMA 0.500 06/17/2025 1.79Yr-Fixed 01/12/2023 01/13/2023 5,000,000.00 4,702,500.00 4,619,950.00 4.013 1.74 655 1.33%Aaa/AA+/AAA 4345 3130AQ5S8 FHLB 1.250 06/30/2025 1.83YrNC0.99Mo-Dq-Fixed 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,331,614.50 1.250 1.76 668 1.31%Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 1.90YrNC2.83Mo-Dq-Fixed 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,607,050.00 0.800 1.83 693 1.41%Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 1.99Yr-Fixed 03/03/2022 03/04/2022 4,575,000.00 4,556,035.09 4,294,415.25 1.816 1.92 727 1.29%Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700 09/16/2025 2.04YrNC0.53Mo-Da-Fixed 05/26/2021 06/16/2021 5,000,000.00 5,000,000.00 4,576,800.00 0.700 1.97 746 1.41%Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560 11/17/2025 2.21YrNC2.56Mo-Da-Fixed 01/08/2021 01/11/2021 3,000,000.00 3,001,504.47 2,724,510.00 0.500 2.14 808 0.85%Aaa/AA+/AAA 4320 3130AKN36 FHLB 0.525     01/15/2026 2.37YrNC1.48Mo-Dq-Fixed 01/14/2021 01/15/2021           5,000,000.00           4,997,627.78           4,503,250.00 0.545 2.30 867 1.41% Aaa/AA+/NR 4321 3130AKN85 FHLB 0.550     01/20/2026 2.39YrNC1.64Mo-Dq-Fixed 01/14/2021 01/20/2021           5,000,000.00           4,998,806.94           4,503,800.00 0.560 2.31 872 1.41% Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500     01/28/2026 2.41YrNC1.91Mo-Dq-Fixed 01/26/2021 01/28/2021           5,000,000.00           5,000,000.00           4,494,350.00 0.500 2.33 880 1.41% Aaa/AA+/NR Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 08/31/2023 19 ,- '- ,-- '- '"" ,- ,- '- ,- ,- ,- '- ,- ,- ,- ,- ,- '"" ,- 62 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4333 3130ALEY6 FHLB 0.800     03/04/2026 2.51YrNC0.13Mo-Dq-Fixed 06/09/2021 06/10/2021           5,000,000.00           5,000,000.00           4,515,700.00 0.800 2.41 915 1.41% Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030     05/26/2026 2.73YrNC2.86Mo-Dq-Fixed 05/12/2021 05/26/2021           5,000,000.00           5,000,000.00           4,512,300.00 1.030 2.62 998 1.41% Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750     06/12/2026 2.78Yr-Fixed 06/16/2021 06/17/2021           5,000,000.00           4,983,270.19           4,497,900.00 0.873 2.68 1,015 1.41% Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750     06/12/2026 2.78Yr-Fixed 05/08/2023 05/09/2023           3,000,000.00           2,996,249.62           2,930,760.00 3.796 2.57 1,015 0.85% Aaa/AA+/NR 4398 3133EPNG6 FFCB 4.375     06/23/2026 2.81Yr-Fixed 06/22/2023 06/23/2023           3,000,000.00           2,998,735.00           2,980,080.00 4.391 2.58 1,026 0.85% Aaa/AA+/AAA 4347 3130AQ7E7 FHLB 1.500     06/30/2026 2.83YrNC0.99Mo-Dq-Fixed 12/14/2021 12/30/2021           5,000,000.00           5,001,258.02           4,559,100.00 1.339 2.69 1,033 1.41% Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750     07/20/2026 2.88Yr-Fixed 01/17/2023 01/19/2023           5,000,000.00           5,000,000.00           4,878,250.00 3.750 2.67 1,053 1.41% Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375     08/07/2026 2.93YrNC11.24Mo-1x-Step 01/27/2022 02/07/2022           5,000,000.00           5,000,000.00           4,604,400.00 1.375 2.77 1,071 1.41% Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875     04/26/2027 3.65Yr-Fixed 04/21/2023 04/26/2023           5,000,000.00           4,994,749.13           4,884,350.00 3.906 3.30 1,333 1.41% Aaa/AA+/AAA 4389 3133EPJP1 FFCB 3.625     05/12/2027 3.69Yr-Fixed 05/08/2023 05/12/2023           5,000,000.00           4,987,198.37           4,835,800.00 3.700 3.36 1,349 1.41% Aaa/AA+/AAA 4392 3130AW4N7 FHLB 3.630     06/04/2027 3.76Yr-Fixed 05/16/2023 05/18/2023           5,000,000.00           5,000,000.00           4,831,900.00 3.630 3.42 1,372 1.41% Aaa/AA+/NR 4396 3133EPMV4 FFCB 4.125     06/15/2027 3.79Yr-Fixed 06/09/2023 06/15/2023           5,000,000.00           4,999,100.14           4,941,200.00 4.130 3.42 1,383 1.41% Aaa/AA+/AAA 4385 3134GYPF3 FHLMC 4.750     07/12/2027 3.86YrNC10.38Mo-Da-Fixed 04/21/2023 04/24/2023           3,300,000.00           3,295,464.13           3,233,835.00 4.791 2.15 1,410 0.93% Aaa/AA+/AAA 4395 3130AWC24 FHLB 4.000     06/09/2028 4.77Yr-Fixed 06/09/2023 06/13/2023           5,000,000.00           5,004,400.22           4,939,950.00 3.979 4.23 1,743 1.42% Aaa/AA+/NR 4399 3130AWC24 FHLB 4.000 06/09/2028 4.77Yr-Fixed 06/26/2023 06/27/2023 5,000,000.00 4,997,348.77 4,939,950.00 4.012 4.23 1,743 1.41%Aaa/AA+/NR 4400 31422X5U2 FAMCA 5.100 08/07/2028 4.93YrNC23.23Mo-1x-Fixed 08/02/2023 08/07/2023 2,000,000.00 2,000,000.00 1,998,060.00 5.100 2.65 1,802 0.57%NR/NR/NR U.S. Agencies           186,525,000.00           186,146,173.90           177,389,944.75 52.63% 4300 254687CR5 DIS 4.000 10/01/2023 0.08Yr-Fixed 12/12/2019 12/16/2019 2,875,000.00 2,879,423.08 2,871,032.50 2.070 0.08 30 0.81%A2/A-/A- 4355 67066GAL8 NVDA 0.584 06/14/2024 0.79Yr-Fixed 01/20/2022 01/24/2022 5,000,000.00 4,974,283.20 4,815,950.00 1.250 0.77 287 1.41%A1/A+/ 4325 91159HHX1 USB 2.400 07/30/2024 0.91YrNC9.92Mo-Cc-Fixed 04/28/2021 04/30/2021 3,809,000.00 3,871,765.16 3,697,091.58 0.528 0.88 333 1.09%A3/A/A 4343 14913R2P1 CAT 0.600 09/13/2024 1.03Yr-Fixed 11/30/2021 12/02/2021 5,000,000.00 4,980,656.74 4,758,750.00 0.980 1.01 378 1.41%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 1.90Yr-Fixed 08/09/2022 08/11/2022 6,000,000.00 6,020,271.11 5,863,620.00 3.810 1.80 695 1.70%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 2.02Yr-Fixed 09/20/2022 09/22/2022 5,000,000.00 4,976,392.88 4,890,150.00 4.150 1.88 739 1.41%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 2.75Yr-Fixed 01/13/2023 01/18/2023 5,000,000.00 4,822,664.69 4,719,200.00 4.142 2.58 1,006 1.36%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 2.79YrNC31.47Mo-Cc-Fixed 11/14/2022 11/16/2022 5,000,000.00 4,836,665.01 4,769,750.00 4.480 2.56 1,018 1.37%A2/A+/ 4390 931142EM1 WMT 3.050 07/08/2026 2.85YrNC32.23Mo-Cc-Fixed 05/11/2023 05/15/2023 4,257,000.00 4,177,201.50 4,068,627.75 3.752 2.63 1,041 1.18%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 2.90Yr-Fixed 05/11/2023 05/15/2023 2,505,000.00 2,385,759.96 2,319,404.55 3.752 2.75 1,061 0.67%A1/A+/A Corporates           44,446,000.00           43,925,083.32           42,773,576.38 12.42% Holdings           318,971,000.00           317,812,252.79           303,005,131.13 89.86% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 08/31/2023 20 - '- ,-- '- '"" ,-- '- - ,- ,- - 63 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 08/31/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 08/01/2023 Interest Received $128,528.21 003 California Asset Management Program 08/01/2023 Deposit $10,000,000.00 003 California Asset Management Program 08/07/2023 Withdrawal ($4,000,000.00) 003 California Asset Management Program 08/10/2023 Withdrawal ($2,000,000.00) Activity Total $4,128,528.21 21 64 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 08/31/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4291 Maturity 45818WBY1 IADB 2.960 08/16/2023 100.00000 08/16/2023 08/16/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4354 Maturity 9128282D1 T 1.375 08/31/2023 100.00000 08/31/2023 08/31/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 Activity Total $10,000,000.00 $10,000,000.00 $0.00 $10,000,000.00 22 65 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 08/31/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4400 Buy 31422X5U2 FAMCA 5.100 08/07/2028 100.00000 08/07/2023 08/07/2023 2,000,000.00 $2,000,000.00 $0.00 $2,000,000.00 Activity Total 2,000,000.00 $2,000,000.00 $0.00 $2,000,000.00 23 66 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 08/31/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4356 Interest Income 3130AQS79 FHLB 1.375 08/07/2026 08/07/2023 $34,375.00 $34,375.00 4361 Interest Income 912828D56 T 2.375 08/15/2024 08/15/2023 $59,375.00 $59,375.00 4387 Interest Income 3130AUXN9 FHLB 5.000 02/15/2024 08/15/2023 $75,000.00 $29,166.67 $45,833.33 4291 Interest Income 45818WBY1 IADB 2.960 08/16/2023 08/16/2023 $74,000.00 $74,000.00 4324 Interest Income 45906M2L4 IBRD 0.650 02/24/2026 08/24/2023 $16,250.00 $16,250.00 4344 Interest Income 3130AQ3C5 FHLB 1.000 08/28/2024 08/28/2023 $20,000.00 $20,000.00 4360 Interest Income 3130AQT94 FHLB 1.600 08/28/2025 08/28/2023 $36,600.00 $36,600.00 4323 Interest Income 459056HV2 IBRD 1.500 08/28/2024 08/28/2023 $37,500.00 $37,500.00 4339 Interest Income 91282CCW9 T 0.750 08/31/2026 08/31/2023 $3,750.00 $3,750.00 4340 Interest Income 91282CAJ0 T 0.250 08/31/2025 08/31/2023 $6,250.00 $6,250.00 4342 Interest Income 91282CCW9 T 0.750 08/31/2026 08/31/2023 $18,750.00 $18,750.00 4351 Interest Income 9128284Z0 T 2.750 08/31/2025 08/31/2023 $68,750.00 $68,750.00 4354 Interest Income 9128282D1 T 1.375 08/31/2023 08/31/2023 $34,375.00 $34,375.00 Activity Total $484,975.00 $29,166.67 $455,808.33 24 67 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements July 2023 August 2023 Receipts General Fund Property Tax 1,155,417$               146,433$  Local Sales Tax 4,502,307                  4,520,296                   Public Safety Sales Tax 234,807 308,068  Transient Occupancy Tax (TOT)2,027,377                  2,350,278                   Utility Users Tax (UUT)1,781,233                  1,677,550                   Other Revenue 14,999,898 6,655,336                   Total General Fund Revenue 24,701,040 15,657,960  Total All Other Funds Revenue 17,494,348 22,247,844  Total Receipts 42,195,388$ 37,905,805$ Disbursements General Fund Personnel Services (12,483,938) (12,752,122) Operating Expenses (4,334,724) (5,655,424) Capital Expenditures ‐ (32,273)  Non‐Operating Expenses (328,561) (2,233,505)  Total General Fund Disbursements (17,147,223) (20,673,324) Total All Other Funds Disbursements (37,754,131)              (26,829,196)               Total Disbursements (54,901,354) (47,502,520) Net Change in Cash Flow (12,705,967)$ (9,596,716)$ Summary of Cash by Fund July 2023 August 2023 General Fund 124,984,620$           119,969,257$            General Fund Other 5,740,569                  7,073,990                   Capital Projects Funds 55,491,257 54,242,877  Debt Service Funds 27,633,133 26,748,622  Enterprise Funds 67,680,850 70,336,848  Trust and Agency Funds 8,470,179                  5,508,937                   Internal Service Funds 36,305,892 33,387,525  Special Revenue Funds 44,630,124 44,071,853  General Ledger Cash Balances * 370,936,624$ 361,339,909$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office August 2023 25 68 Par Value Book Value Book Value % of Port Market Value Book Yield Contribution Days to Maturity Local Govt Inv Pools (LGIP) U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $31,724,781.60 $31,724,781.60 8.87%$31,724,781.60 0.47%1 $73,000,000.00 $72,728,565.20 20.34%$69,214,460.00 0.35%622 $25,000,000.00 $25,009,352.46 7.00%$23,387,850.00 0.07%577 $184,525,000.00 $184,120,778.30 51.50%$174,999,716.00 1.17%813 $44,446,000.00 $43,914,866.11 12.28%$42,775,128.85 0.36%696 $358,695,781.60 $357,498,343.66 100.00%$342,101,936.45 2.42%671 Portfolio Investments 07/31/2023 Date City Treasurer TitleAlisa Backstrom I certify that this report and the corresponding pages attached accurately reflect all portfolio combined investments and conforms with all California state statutes and the Huntington Beach investment policy filed on January 17, 2023. The investment program herein shown provides sufficient cash flow liquidity to meet the next six month's obligations. Market values are provided by US Bank via Interactive Data Corp (IDC) Certification Fiscal YTD Transactions Redemptions 5 Purchases 0 Total Activity 5 Period Transactions Redemptions 5 Purchases 0 Total Activity 5 Net Period Earnings $854,508.51 Last FY Period Net Earnings $362,964.68 Avg Daily Book Balance $371,860,909.67 $1.00 $1.00 Net EAR 2.747% Net Period Earnings $854,508.51 Last FY Period Net Earnings $362,964.68 Avg Daily Book Balance $371,860,909.67 $1.00 $1.00 Net EAR 2.747% Fiscal YTD Summary (31 Days)Period Earnings Summary (31 Days) __________________________________________________________________________ sum2 Total Market Value $1.00 $342,101,936.45 sum2 Total Book Value $2.00 $357,498,343.66 Market Value Book Value Par Value Portfolio Summary Huntington Beach Portfolio: CITY Reporting Date: (FY2024) 07/01/2023 - 07/31/2023 Full Accrual Basis sum2 Total Par Value $1.00 $358,695,781.60 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.450% ____________________________________________ 26 ~=====;:::=======: .__r---_ -_ -_ -_ -_ ----.------_ -_ -_ -_ -_ __J~ ::=============;::::=-==========~ '-;::::=__----==----------==-------~-~------' I l 69 Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio Rating 003 CAMP California Asset Management Program LGIP 31,724,781.60 31,724,781.60 31,724,781.60 5.31 8.87%NR CITY Fund Total           31,724,781.60               31,724,781.60               31,724,781.60    8.87% Portfolio: CITYCash By Fund Report City of Huntington Beach Reporting Period: 07/31/2023 27 70 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4354 9128282D1 T 1.375     08/31/2023 0.08Yr-Fixed 01/20/2022 01/21/2022           5,000,000.00           5,001,916.52           4,983,750.00 0.903 0.08 30 1.40% Aaa/AA+/AAA 4364 9128286Z8 T 1.750     06/30/2024 0.91Yr-Fixed 04/29/2022 05/02/2022           7,000,000.00           6,939,419.16           6,774,390.00 2.730 0.89 334 1.94% Aaa/AA+/AAA 4370 912828XX3 T 2.000     06/30/2024 0.91Yr-Fixed 05/26/2022 05/27/2022           5,000,000.00           4,979,534.31           4,849,050.00 2.462 0.89 334 1.39% Aaa/AA+/AAA 4353 912828Y87 T 1.750     07/31/2024 1.00Yr-Fixed 01/13/2022 01/14/2022           5,000,000.00           5,035,557.05           4,824,600.00 1.028 0.97 365 1.41% Aaa/AA+/AAA 4358 912828Y87 T 1.750     07/31/2024 1.00Yr-Fixed 02/10/2022 02/11/2022           4,000,000.00           4,006,044.17           3,859,680.00 1.595 0.97 365 1.12% Aaa/AA+/AAA 4361 912828D56 T 2.375     08/15/2024 1.04Yr-Fixed 03/21/2022 03/22/2022           5,000,000.00           5,006,770.24           4,848,250.00 2.240 1.00 380 1.40% Aaa/AA+/AAA 4298 912828YH7 T 1.500     09/30/2024 1.17Yr-Fixed 12/04/2019 12/05/2019           5,000,000.00           4,994,678.02           4,785,950.00 1.595 1.13 426 1.40% Aaa/AA+/AAA 4350 912828YM6 T 1.500     10/31/2024 1.25Yr-Fixed 12/30/2021 12/31/2021           3,000,000.00           3,021,419.39           2,863,230.00 0.920 1.21 457 0.85% Aaa/AA+/AAA 4376 91282CEU1 T 2.875     06/15/2025 1.87Yr-Fixed 11/17/2022 11/18/2022           3,000,000.00           2,926,149.83           2,887,980.00 4.276 1.78 684 0.82% Aaa/AA+/AAA 4330 91282CAB7 T 0.250     07/31/2025 2.00Yr-Fixed 05/18/2021 05/19/2021           5,000,000.00           4,964,023.47           4,562,900.00 0.615 1.94 730 1.39% Aaa/AA+/AAA 4340 91282CAJ0 T 0.250     08/31/2025 2.08Yr-Fixed 09/23/2021 09/27/2021           5,000,000.00           4,950,248.43           4,549,200.00 0.735 2.02 761 1.38% Aaa/AA+/AAA 4351 9128284Z0 T 2.750     08/31/2025 2.08Yr-Fixed 12/30/2021 12/31/2021           5,000,000.00           5,167,545.03           4,792,400.00 1.103 1.96 761 1.45% Aaa/AA+/AAA 4341 91282CCP4 T 0.625     07/31/2026 3.00Yr-Fixed 09/30/2021 09/30/2021           5,000,000.00           4,952,471.17           4,462,900.00 0.950 2.89 1,095 1.39% Aaa/AA+/AAA 4339 91282CCW9 T 0.750     08/31/2026 3.08Yr-Fixed 09/23/2021 09/23/2021           1,000,000.00           995,784.53           893,630.00 0.890 2.96 1,126 0.28% Aaa/AA+/AAA 4342 91282CCW9 T 0.750 08/31/2026 3.08Yr-Fixed 11/22/2021 11/23/2021 5,000,000.00 4,920,212.04 4,468,150.00 1.285 2.96 1,126 1.38%Aaa/AA+/AAA 4379 91282CEW7 T 3.250 06/30/2027 3.91Yr-Fixed 12/28/2022 12/29/2022 5,000,000.00 4,866,791.82 4,808,400.00 4.000 3.59 1,429 1.36%Aaa/AA+/AAA U.S. Treasuries           73,000,000.00           72,728,565.20           69,214,460.00 20.34% 4291 45818WBY1 IADB 2.960 08/16/2023 0.04Yr-Fixed 03/26/2019 03/28/2019 5,000,000.00 5,001,358.84 4,994,750.00 2.271 0.04 15 1.40%Aaa/AAA/AAA 4323 459056HV2 IBRD 1.500 08/28/2024 1.08Yr-Fixed 04/21/2021 04/23/2021 5,000,000.00 5,057,295.27 4,794,050.00 0.425 1.04 393 1.41%Aaa/AAA/AAA 4338 459058JE4 IBRD 0.376 07/28/2025 1.99Yr-Fixed 07/28/2021 07/30/2021 5,000,000.00 4,979,557.02 4,571,300.00 0.583 1.93 727 1.39%Aaa/AAA/AAA 4319 459058JL8 IBRD 0.500 10/28/2025 2.24Yr-Fixed 01/08/2021 01/12/2021 5,000,000.00 4,998,714.22 4,544,500.00 0.512 2.17 819 1.40%Aaa/AAA/AAA 4324 45906M2L4 IBRD 0.650 02/24/2026 2.57YrNC0.79Mo-Dq-Fixed 04/28/2021 04/30/2021 5,000,000.00 4,972,427.10 4,483,250.00 0.870 2.47 938 1.39%Aaa/AAA/AAA Supranational           25,000,000.00           25,009,352.46           23,387,850.00 7.00% 4289 3135G0U43 FNMA 2.875 09/12/2023 0.11Yr-Fixed 03/14/2019 03/15/2019 5,000,000.00 5,002,195.79 4,986,100.00 2.465 0.11 42 1.40%Aaa/AA+/AAA 4377 313384ND7 FHDN 0.000 10/19/2023 0.22Yr-Disco 12/02/2022 12/05/2022 3,000,000.00 2,969,683.75 2,966,550.00 4.817 0.21 79 0.83%P-1/A-1+/NR 4387 3130AUXN9 FHLB 5.000 02/15/2024 0.54Yr-Fixed 04/24/2023 04/25/2023 3,000,000.00 3,001,063.66 2,992,890.00 4.923 0.52 198 0.84%Aaa/AA+/NR 4292 3133ECHX5 FFCB 2.260 03/13/2024 0.62Yr-Fixed 05/22/2019 05/23/2019 5,000,000.00 5,000,692.95 4,898,000.00 2.236 0.60 225 1.40%Aaa/AA+/AAA 4378 3130ATVC8 FHLB 4.875 06/14/2024 0.87Yr-Fixed 12/27/2022 12/28/2022 5,000,000.00 5,005,206.75 4,980,250.00 4.740 0.84 318 1.40%Aaa/AA+/NR 4348 3130AQD42 FHLB 0.920 06/28/2024 0.91YrNC1.94Mo-Dq-Fixed 12/14/2021 12/28/2021 5,000,000.00 5,000,000.00 4,790,850.00 0.920 0.88 332 1.40%Aaa/AA+/NR 4380 3134GYCP5 FHLMC 5.000 07/23/2024 0.98YrNC2.76Mo-1x-Fixed 01/05/2023 01/23/2023 5,000,000.00 5,000,000.00 4,964,650.00 5.000 0.84 357 1.40%Aaa/AA+/AAA 4344 3130AQ3C5 FHLB 1.000 08/28/2024 1.08YrNC0.92Mo-Dq-Fixed 12/01/2021 12/02/2021 4,000,000.00 4,000,000.00 3,807,560.00 1.000 1.04 393 1.12%Aaa/AA+/NR 4373 3133XVDG3 FHLB 4.375 09/13/2024 1.12Yr-Fixed 09/22/2022 09/23/2022 5,000,000.00 5,007,105.77 4,940,550.00 4.240 1.06 409 1.40%Aaa/AA+/NR 4336 3130AMXJ6 FHLB 0.500 09/30/2024 1.17YrNC2.00Mo-Dq-Fixed 06/17/2021 06/30/2021 5,000,000.00 5,000,000.00 4,714,250.00 0.500 1.13 426 1.40%Aaa/AA+/NR 4346 3130AQD59 FHLB 1.000 09/30/2024 1.17YrNC2.00Mo-Dq-Fixed 12/14/2021 12/30/2021 5,000,000.00 5,000,000.00 4,742,150.00 1.000 1.13 426 1.40%Aaa/AA+/NR 4349 3130AQD59 FHLB 1.000 09/30/2024 1.17YrNC2.00Mo-Dq-Fixed 12/22/2021 12/30/2021 5,000,000.00 5,000,000.00 4,742,150.00 1.000 1.13 426 1.40%Aaa/AA+/NR 4334 3130AMW65 FHLB 0.500 12/30/2024 1.42YrNC2.00Mo-Dq-Fixed 06/15/2021 06/30/2021 5,000,000.00 5,000,000.00 4,661,250.00 0.500 1.37 517 1.40%Aaa/AA+/NR 4332 3130AMQ62 FHLB 0.625 03/14/2025 1.62YrNC1.48Mo-Dq-Fixed 05/26/2021 06/14/2021 5,000,000.00 5,000,000.00 4,633,650.00 0.625 1.57 591 1.40%Aaa/AA+/NR 4397 3130AWER7 FHLB 4.625 06/06/2025 1.85Yr-Fixed 06/14/2023 06/15/2023 3,000,000.00 2,998,232.28 2,976,120.00 4.659 1.74 675 0.84%Aaa/AA+/NR 4329 3135G04Z3 FNMA 0.500 06/17/2025 1.88Yr-Fixed 05/13/2021 05/14/2021 5,000,000.00 4,988,136.73 4,601,500.00 0.628 1.82 686 1.40%Aaa/AA+/AAA 4381 3135G04Z3 FNMA 0.500 06/17/2025 1.88Yr-Fixed 01/12/2023 01/13/2023 5,000,000.00 4,688,684.21 4,601,500.00 4.013 1.82 686 1.31%Aaa/AA+/AAA 4345 3130AQ5S8 FHLB 1.250 06/30/2025 1.91YrNC2.00Mo-Dq-Fixed 12/08/2021 12/30/2021 4,650,000.00 4,650,000.00 4,329,894.00 1.250 1.84 699 1.30%Aaa/AA+/NR 4327 3130AMDL3 FHLB 0.800 07/25/2025 1.98YrNC0.82Mo-Dq-Fixed 05/11/2021 05/25/2021 5,000,000.00 5,000,000.00 4,608,150.00 0.800 1.92 724 1.40%Aaa/AA+/NR 4360 3130AQT94 FHLB 1.600 08/28/2025 2.08Yr-Fixed 03/03/2022 03/04/2022 4,575,000.00 4,555,241.58 4,271,403.00 1.816 1.98 758 1.27%Aaa/AA+/NR 4331 3130AMQ54 FHLB 0.700     09/16/2025 2.13YrNC1.54Mo-Da-Fixed 05/26/2021 06/16/2021           5,000,000.00           5,000,000.00           4,576,100.00 0.700 2.05 777 1.40% Aaa/AA+/NR 4318 3135GA2Z3 FNMA 0.560     11/17/2025 2.30YrNC3.58Mo-Da-Fixed 01/08/2021 01/11/2021           3,000,000.00           3,001,561.17           2,712,960.00 0.500 2.22 839 0.84% Aaa/AA+/AAA 4320 3130AKN36 FHLB 0.525     01/15/2026 2.46YrNC2.50Mo-Dq-Fixed 01/14/2021 01/15/2021           5,000,000.00           4,997,544.44           4,502,650.00 0.545 2.38 898 1.40% Aaa/AA+/NR Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 07/31/2023 28 71 Accounting ID Cusip Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Book Yield Effective Duration Days to Maturity (%) of Portfolio Mdy/S&P/Fitch 4321 3130AKN85 FHLB 0.550     01/20/2026 2.47YrNC2.66Mo-Dq-Fixed 01/14/2021 01/20/2021           5,000,000.00           4,998,765.28           4,503,350.00 0.560 2.39 903 1.40% Aaa/AA+/NR 4322 3130AKUS3 FHLB 0.500     01/28/2026 2.49YrNC2.92Mo-Dq-Fixed 01/26/2021 01/28/2021           5,000,000.00           5,000,000.00           4,494,250.00 0.500 2.41 911 1.40% Aaa/AA+/NR 4333 3130ALEY6 FHLB 0.800     03/04/2026 2.59YrNC1.15Mo-Dq-Fixed 06/09/2021 06/10/2021           5,000,000.00           5,000,000.00           4,511,300.00 0.800 2.49 946 1.40% Aaa/AA+/NR 4328 3130AMJN3 FHLB 1.030     05/26/2026 2.82YrNC0.85Mo-Dq-Fixed 05/12/2021 05/26/2021           5,000,000.00           5,000,000.00           4,510,850.00 1.030 2.70 1,029 1.40% Aaa/AA+/NR 4335 3130AMFS6 FHLB 0.750     06/12/2026 2.86Yr-Fixed 06/16/2021 06/17/2021           5,000,000.00           4,982,768.80           4,462,950.00 0.873 2.75 1,046 1.39% Aaa/AA+/NR 4388 3130AVWS7 FHLB 3.750     06/12/2026 2.86Yr-Fixed 05/08/2023 05/09/2023           3,000,000.00           2,996,137.22           2,915,760.00 3.796 2.64 1,046 0.84% Aaa/AA+/NR 4398 3133EPNG6 FFCB 4.375     06/23/2026 2.89Yr-Fixed 06/22/2023 06/23/2023           3,000,000.00           2,998,697.50           2,982,930.00 4.391 2.66 1,057 0.84% Aaa/AA+/AAA 4347 3130AQ7E7 FHLB 1.500     06/30/2026 2.91YrNC2.00Mo-Dq-Fixed 12/14/2021 12/30/2021           5,000,000.00           5,001,295.06           4,554,750.00 1.339 2.77 1,064 1.40% Aaa/AA+/NR 4384 3130AUMC5 FHLB 3.750     07/20/2026 2.97Yr-Fixed 01/17/2023 01/19/2023           5,000,000.00           5,000,000.00           4,859,400.00 3.750 2.75 1,084 1.40% Aaa/AA+/NR 4356 3130AQS79 FHLB 1.375     08/07/2026 3.02YrNC12.25Mo-1x-Step 01/27/2022 02/07/2022           5,000,000.00           5,000,000.00           4,609,400.00 1.375 2.81 1,102 1.40% Aaa/AA+/NR 4386 3133EPGT6 FFCB 3.875     04/26/2027 3.73Yr-Fixed 04/21/2023 04/26/2023           5,000,000.00           4,994,629.34           4,885,150.00 3.906 3.38 1,364 1.40% Aaa/AA+/AAA 4389 3133EPJP1 FFCB 3.625     05/12/2027 3.78Yr-Fixed 05/08/2023 05/12/2023           5,000,000.00           4,986,909.83           4,835,900.00 3.700 3.43 1,380 1.39% Aaa/AA+/AAA 4392 3130AW4N7 FHLB 3.630     06/04/2027 3.84Yr-Fixed 05/16/2023 05/18/2023           5,000,000.00           5,000,000.00           4,832,400.00 3.630 3.49 1,403 1.40% Aaa/AA+/NR 4396 3133EPMV4 FFCB 4.125     06/15/2027 3.87Yr-Fixed 06/09/2023 06/15/2023           5,000,000.00           4,999,080.35           4,944,100.00 4.130 3.50 1,414 1.40% Aaa/AA+/AAA 4385 3134GYPF3 FHLMC 4.750 07/12/2027 3.95YrNC11.40Mo-Da-Fixed 04/21/2023 04/24/2023 3,300,000.00 3,295,366.30 3,227,499.00 4.791 2.20 1,441 0.92%Aaa/AA+/AAA 4395 3130AWC24 FHLB 4.000 06/09/2028 4.86Yr-Fixed 06/09/2023 06/13/2023 5,000,000.00 5,004,477.06 4,934,300.00 3.979 4.31 1,774 1.40%Aaa/AA+/NR 4399 3130AWC24 FHLB 4.000 06/09/2028 4.86Yr-Fixed 06/26/2023 06/27/2023 5,000,000.00 4,997,302.47 4,934,300.00 4.012 4.31 1,774 1.40%Aaa/AA+/NR U.S. Agencies           184,525,000.00           184,120,778.30           174,999,716.00 51.50% 4300 254687CR5 DIS 4.000 10/01/2023 0.17Yr-Fixed 12/12/2019 12/16/2019 2,875,000.00 2,883,846.15 2,864,563.75 2.070 0.16 61 0.81%A2/A-/A- 4355 67066GAL8 NVDA 0.584 06/14/2024 0.87Yr-Fixed 01/20/2022 01/24/2022 5,000,000.00 4,971,557.03 4,792,450.00 1.250 0.85 318 1.39%A1/A+/ 4325 91159HHX1 USB 2.400 07/30/2024 1.00YrNC10.94Mo-Cc-Fixed 04/28/2021 04/30/2021 3,809,000.00 3,877,488.42 3,689,625.94 0.528 0.97 364 1.08%A3/A/A 4343 14913R2P1 CAT 0.600 09/13/2024 1.12Yr-Fixed 11/30/2021 12/02/2021 5,000,000.00 4,979,096.80 4,738,700.00 0.980 1.09 409 1.39%A2/A/A+ 4371 459200KS9 IBM 4.000 07/27/2025 1.99Yr-Fixed 08/09/2022 08/11/2022 6,000,000.00 6,021,157.60 5,868,540.00 3.810 1.88 726 1.68%A3/A-/ 4372 931142EW9 WMT 3.900 09/09/2025 2.11Yr-Fixed 09/20/2022 09/22/2022 5,000,000.00 4,975,420.06 4,907,450.00 4.150 1.96 770 1.39%Aa2/AA/AA 4382 717081DV2 PFE 2.750 06/03/2026 2.84Yr-Fixed 01/13/2023 01/18/2023 5,000,000.00 4,817,301.73 4,736,150.00 4.142 2.66 1,037 1.35%A1/A+/A 4375 110122CN6 BMY 3.200 06/15/2026 2.87YrNC32.49Mo-Cc-Fixed 11/14/2022 11/16/2022 5,000,000.00 4,831,784.48 4,780,150.00 4.480 2.64 1,049 1.35%A2/A+/ 4390 931142EM1 WMT 3.050 07/08/2026 2.93YrNC33.25Mo-Cc-Fixed 05/11/2023 05/15/2023 4,257,000.00 4,174,870.48 4,081,526.46 3.752 2.70 1,072 1.17%Aa2/AA/AA 4391 904764AU1 UNANA 2.000 07/28/2026 2.99Yr-Fixed 05/11/2023 05/15/2023 2,505,000.00 2,382,343.34 2,315,972.70 3.752 2.83 1,092 0.67%A1/A+/A Corporates           44,446,000.00           43,914,866.11           42,775,128.85 12.28% Holdings           326,971,000.00           325,773,562.06           310,377,154.85 91.13% Portfolio: CITYSecurities By Structure Report City of Huntington Beach Reporting Period: 07/31/2023 29 72 Cash/Money Market/LGIP Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 07/31/2023 Cash/Money Market Account Activity Accounting ID Description Activity Date Transaction Type Transaction Amount 003 California Asset Management Program 07/03/2023 Interest Received $114,835.05 003 California Asset Management Program 07/13/2023 Withdrawal ($2,000,000.00) 003 California Asset Management Program 07/20/2023 Withdrawal ($3,000,000.00) 003 California Asset Management Program 07/27/2023 Deposit $7,000,000.00 Activity Total $2,114,835.05 30 73 Bond Redemption Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 07/31/2023 Redemption Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4290 Maturity 45818WBX3 IADB 2.870 07/20/2023 100.00000 07/20/2023 07/20/2023 $4,000,000.00 $4,000,000.00 $0.00 $4,000,000.00 4306 Maturity 90331HNV1 USB 3.400 07/24/2023 100.00000 07/24/2023 07/24/2023 $2,000,000.00 $2,000,000.00 $0.00 $2,000,000.00 4383 Maturity 3130AUHE7 FHLB 4.875 07/26/2023 100.00000 07/26/2023 07/26/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4352 Maturity 912828S92 T 1.250 07/31/2023 100.00000 07/31/2023 07/31/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 4357 Maturity 91282CCN9 T 0.125 07/31/2023 100.00000 07/31/2023 07/31/2023 $5,000,000.00 $5,000,000.00 $0.00 $5,000,000.00 Activity Total $21,000,000.00 $21,000,000.00 $0.00 $21,000,000.00 31 74 Bond Purchase Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 07/31/2023 Purchase Transactions Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total Activity Total 0.00 $0.00 $0.00 $0.00 32 75 Bond Interest Received Activity Report City of Huntington Beach Portfolio: CITY Reporting Date: 07/31/2023 Bond Interest Received Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4390 Interest Income 931142EM1 WMT 3.050 07/08/2026 07/10/2023 $64,919.25 $45,804.14 $19,115.11 4385 Interest Income 3134GYPF3 FHLMC 4.750 07/12/2027 07/12/2023 $39,187.50 $5,225.00 $33,962.50 4320 Interest Income 3130AKN36 FHLB 0.525 01/15/2026 07/17/2023 $13,125.00 $13,125.00 4290 Interest Income 45818WBX3 IADB 2.870 07/20/2023 07/20/2023 $57,400.00 $57,400.00 4384 Interest Income 3130AUMC5 FHLB 3.750 07/20/2026 07/20/2023 $94,270.84 $94,270.84 4321 Interest Income 3130AKN85 FHLB 0.550 01/20/2026 07/20/2023 $13,750.00 $13,750.00 4380 Interest Income 3134GYCP5 FHLMC 5.000 07/23/2024 07/24/2023 $125,000.00 $125,000.00 4306 Interest Income 90331HNV1 USB 3.400 07/24/2023 07/24/2023 $34,000.00 $34,000.00 4383 Interest Income 3130AUHE7 FHLB 4.875 07/26/2023 07/26/2023 $135,416.67 $8,125.00 $127,291.67 4371 Interest Income 459200KS9 IBM 4.000 07/27/2025 07/27/2023 $120,000.00 $120,000.00 4338 Interest Income 459058JE4 IBRD 0.376 07/28/2025 07/28/2023 $9,400.00 $9,400.00 4391 Interest Income 904764AU1 UNANA 2.000 07/28/2026 07/28/2023 $25,050.00 $14,890.83 $10,159.17 4322 Interest Income 3130AKUS3 FHLB 0.500 01/28/2026 07/28/2023 $12,500.00 $12,500.00 4341 Interest Income 91282CCP4 T 0.625 07/31/2026 07/31/2023 $15,625.00 $15,625.00 4352 Interest Income 912828S92 T 1.250 07/31/2023 07/31/2023 $31,250.00 $31,250.00 4353 Interest Income 912828Y87 T 1.750 07/31/2024 07/31/2023 $43,750.00 $43,750.00 4357 Interest Income 91282CCN9 T 0.125 07/31/2023 07/31/2023 $3,125.00 $3,125.00 4358 Interest Income 912828Y87 T 1.750 07/31/2024 07/31/2023 $35,000.00 $35,000.00 4325 Interest Income 91159HHX1 USB 2.400 07/30/2024 07/31/2023 $45,708.00 $45,708.00 4330 Interest Income 91282CAB7 T 0.250 07/31/2025 07/31/2023 $6,250.00 $6,250.00 Activity Total $924,727.26 $74,044.97 $850,682.29 33 76 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements June 2023 July 2023 Receipts General Fund Property Tax 635,888$ 1,155,417$ Local Sales Tax 4,370,590 4,502,307 Public Safety Sales Tax 274,224 234,807 Transient Occupancy Tax (TOT)1,119,474 2,027,377 Utility Users Tax (UUT)1,607,817 1,781,233 Other Revenue 4,853,884 14,999,898 Total General Fund Revenue 12,861,878 24,701,040 Total All Other Funds Revenue 19,635,859 17,494,348 Total Receipts 32,497,737$ 42,195,388$ Disbursements General Fund Personnel Services (16,358,797)(12,483,938) Operating Expenses (5,509,899)(4,334,724) Capital Expenditures (27,811) - Non-Operating Expenses (1,105,781) (328,561) Total General Fund Disbursements (23,002,288)(17,147,223) Total All Other Funds Disbursements (37,365,514) (37,754,131) Total Disbursements (60,367,802)(54,901,354) Net Change in Cash Flow (27,870,066)$ (12,705,967)$ Summary of Cash by Fund June 2023 July 2023 General Fund 136,625,287$ 144,179,103$ General Fund Other 3,349,307 3,844,275 Capital Projects Funds 29,696,397 28,037,743 Debt Service Funds 25,631,387 25,763,724 Enterprise Funds 80,598,996 67,693,284 Trust and Agency Funds 10,513,253 8,361,347 Internal Service Funds 21,717,497 17,466,235 Special Revenue Funds 73,868,033 73,948,479 General Ledger Cash Balances *382,000,157$ 369,294,190$ Total cash will differ from investment portfolio total due to outstanding checks and/or other timing differences. Note: Above information was obtained from the City's accounting system records. The above information includes receipts from maturing investments and payments for purchased investments in the city investment portfolio. This statement is prepared in compliance with the City's Charter. Summary of Cash by Fund City Treasurer's Office July 2023 34 77 Quarterly Treasurer’s Report Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Quarter Ended: September 30, 2023 78 Investment Portfolio – Summary Quarter End 09/30/23 Investment Type $ in 000's Book Value Market Value U.S. Agencies 181.2$ 171.9$ U.S. Treasuries 67.7$ 64.3$ Corporate Bonds 43.9$ 42.7$ CAMP Investment Pool 33.0$ 33.0$ Supranational Bonds 24.8$ 23.2$ TOTAL 350.7$335.1$ 79 Investment Portfolio – Investments by Type Quarter End 09/30/23 51.7%19.3%12.5%9.4%7.1% U.S. Agencies U.S. Treasuries Corporate Bonds CAMP Supranationals ■ ■ ■ ■ ■ 80 Investment Portfolio – Selected Activity Quarter End 09/30/23 • $2MM Purchases • $10MM Maturities U.S. Agencies • $15MM Maturities U.S. Treasuries • $2MM MaturitiesCorporate Bonds • $5MM Purchases • $9MM Maturities Supranationals •$7MM Purchases •$36MM MaturitiesTOTALS 81 Investment Portfolio – Earnings As of September 30, 2023 ($ in 000s) •$740,049 Up 77% Current Month: •$2,355,369 Up 147% Fiscal Year-to-date: •2.595% Monthly Effective Annual Return: •2.614% Fiscal YTD Effective Annual Return: 82 Investment Portfolio – Selected Compliance Quarter End 09/30/23 INVESTMENT TYPE MAXIMUM MATURITY MAXIMUM SPECIFIED % OF PORTFOLIO/ MAXIMUM PER ISSUER MINIMUM QUALITY REQUIREMENTS IN COMPLIANCE U.S. Treasuries 5 years None None YES U.S. Agencies 5 years None None YES Supranationals 5 years 30%"AA" Rating Category YES Corporate Bonds 5 years 30%/10%"A" Rating Category YES CA Asset Management Program (CAMP) N/A Up to $75,000,000 None YES Maximum Maturities No more than 50% of portfolio maturing over 4 years.YES 83 Questions? 84 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-996 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes dated November 7, 2023 , require review and approval Financial Impact: None. Recommended Action: A) Approve and adopt the City Council/Public Financing Authority regular meeting minutes of November 7, 2023. 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. CC/PFA regular meeting minutes of November 7 2023 City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™85 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, November 7, 2023 4:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at www.surfcity-hb.org/government/agendas/ 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:01 PM ROLL CALL Present: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None City Manager Al Zelinka was granted permission to be absent pursuant to City Charter Section 400. CITY COUNCILMEMBER COMMENTS (3-Minute Time Limit) Mayor Strickland and Councilmembers Burns and McKeon honored the ISA World Para Surfing Event; Councilmember Moser recognized the passing of beloved community member Diane Dwyer of the Assistance League, and Jan Tyler, former member of the Human Relations Task Force; Councilmember Bolton acknowledged November as Native American Heritage Month; and, Councilmember McKeon recognized World Series winner Texas Rangers Relief Pitcher and Huntington Beach resident Ian Kennedy. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION ITEMS (Received After Agenda Distribution): Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Closed Session: Item #5 — One (1) e-mail communication. PUBLIC COMMENTS (3-Minute Time Limit) — 3 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. Shirley Dettloff was called to speak and stated her concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City 86 Council/PFA Minutes November 7, 2023 Page 2 of 14 Manager. She shared her support for City Manager Al Zelinka and noted the excellent service he has provided to the City. (00:06:58) Pat Goodman was called to speak and stated her concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City Manager. She shared her support for City Manager Al Zelinka and noted the excellent service he has provided to the City. (00:08:47) Ken Inouye, a 50-year resident of Huntington Beach, was called to speak and stated his concern regarding Closed Session Items #4 Public Employee Appointment for City Manager, and #5 Public Employee Performance Evaluation of the City Manager. He shared his support for City Manager Al Zelinka and noted the excellent service he has provided to the City. (00:10:14) A motion was made by Burns, second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:14 PM 1. 23-950 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: The Huntington Beach Firefighters' Association (HBFA). 2. 23-951 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Al Zelinka, City Manager and Melanie Chaney, Chief Negotiator; also in attendance: Jose Rodriguez, Human Resources Manager; Theresa St Peter, Interim Director of Human Resources; Travis Hopkins, Assistant City Manager; Michael E. Gates, City Attorney; Scott Haberle, Fire Chief and Sunny Han, Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 3. 23-964 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Whitaker (Brittany) v. City of Huntington Beach and Todd McClung; OCSC Case No.: 30-2021-01235807. 4. 23-967 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 5. 23-966 PUBLIC EMPLOYEE PERFORMANCE EVALUATION: Pursuant to Government Code §54957 for performance evaluation of the City Manager. 6. 23-965 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): Number of matters: One (1). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL 87 Council/PFA Minutes November 7, 2023 Page 3 of 14 Present: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns Absent: None City Manager Al Zelinka was granted permission to be absent pursuant to City Charter Section 400. PLEDGE OF ALLEGIANCE — Led by Councilmember McKeon 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. 23-900 Rabbi Sruli Zavdi, Chabad, Huntington Beach Synagogue CLOSED SESSION REPORT BY CITY ATTORNEY — None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City's website and Councilmember iPads: Consent Calendar Items #8 (1 Staff memorandum), #9 (1 Staff memorandum), #11 (1 email communication), #13 (4 email communications, and #24 (1 email communication); Administrative Public Hearing #27 (1 staff email communication); and Ordinances for Introduction #28 (1 staff memorandum). Mayor Strickland announced that the developer for Public Hearing Item #26 (Bolsa Chica Senior Living Community) requested that the hearing be continued to a date uncertain. Council voted affirmatively to honor the developer's request 7 – 0 (see Item #26). PUBLIC COMMENTS (3-Minute Time Limit) — 37 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. Andrew Einhorn, business owner, was called to speak and stated his support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City. He also shared his opinions related to effective leadership and urged a "No" vote on all proposed City Charter amendments. (00:22:37) Unnamed Guest was called to speak and stated his opposition to implementing a 21-member committee to ban books from City libraries. (00:25:50) Shammy Dingus, 30+-year Huntington Beach resident, was called to speak and shared her opinions on voter identification, voter suppression and election fraud in regard to the proposed City Charter amendment. (00:28:07) 88 Council/PFA Minutes November 7, 2023 Page 4 of 14 Erik Peterson was called to speak and encouraged residents to remain actively involved in the on-going process related to the Bolsa Chica Senior Living Community, and noted the 248th birthday of the Marine Corps, November 10, and Veterans Day, November 11. (00:30:49) Cari Swan was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:31:42) Unnamed Guest, a 37-year resident, was called to speak and stated opposition to Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. (00:34:41) Carol Daus, Huntington Beach Library Volunteer, was called to speak and asked for details on how books will be relocated in the City's libraries and stated her support for more senior living facilities in Huntington Beach. (00:36:45) Luanne Nichols Shoup, a fourth generation Huntington Beach property owner and taxpayer, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:39:49) Ann Palmer, a 30+ year resident and Anti High—Density Development in Huntington Beach supporter, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:41:16) Butch Twining, 58-year resident and Planning Commissioner, was called to speak and stated his current opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:44:03) Pat Goodman was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City; recommended further study for Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce; and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:47:44) Neal was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City, and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:50:10) Kathleen Mooney, a 45-year resident and homeowner, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:52:23) Christine Padesky, 40+ year homeowner, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:55:42) Unnamed Guest, a resident since 1985, was called to speak and stated her support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City; concerns for Item #13 regarding execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce; and support for Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (00:58:57) 89 Council/PFA Minutes November 7, 2023 Page 5 of 14 Russell Neal was called to speak and shared his opinions on how to govern issues related to property rights through consistently applied laws. (01:01:38) Rick Wood was called to speak and played a video of Chad Williams, Candidate for City Council in 2024, stating his opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:04:33) Unnamed Guest was called to speak and thanked City Manager Al Zelinka for his service to Huntington Beach. He stated his support for Consent Calendar Item #14 to approve FY 2022/23 Budget Adjustment for the City's Various Unfunded Liabilities and Year-End Audit Entries and suggested convening a Financial Analysis Team tasked with providing a quarterly comprehensive evaluation on the City's financial health. (01:07:16) Unnamed Guest was called to speak and thanked City Manager Al Zelinka for his service to Huntington Beach and shared her opinions on the negative effects of recent decisions made by the current Councilmember majority. (01:09:48) Tim Geddes, homeowner and 40-year resident, was called to speak and shared his opinions regarding the lack of diversity being exhibited by the current Councilmember majority. (01:13:05) Jonathan Bonwit, a resident since 2009, was called to speak and stated his opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:15:56) David Rynerson, 25-year resident, was called to speak and stated his opposition to Council action taken on October 23, 2023, authorizing the City Manager to withdraw from the Orange County Power Authority (OCPA). (01:19:15) Unnamed Guest was called to speak and shared his personal frustrations related to his efforts to find the truth in his wife's 2016 death. (01:22:15) Wyn Dee Swartz, born and raised in Huntington Beach and 4th generation resident, was called to speak and provided an update on the City’s progress to address the Glen Mar neighborhood perimeter wall safety and beautification project, and asked that the partially completed project not be forgotten. (01:25:14) Amory Hanson was called to speak and stated his support for Consent Calendar Item #15 regarding approving the updated Emergency Operations Plan (EOP) that includes the management, concepts and response procedures relative to large-scale disasters. (01:27:38) Robert Tummolo, a resident since 2010, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:28:42) Jocyln Rabbit-Sire was called to speak and shared her opinions on the negative effects of recent decisions made by the current Councilmember majority. On behalf of her sister-in-law Laura Sire, she read a statement urging Councilmembers to spend more time considering Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce, and thanking City Manager Al Zelinka for his service to Huntington Beach. (01:29:51) 90 Council/PFA Minutes November 7, 2023 Page 6 of 14 Rebecca Laugenwalter, born and raised in Huntington Beach, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:32:49) Nielan Barnes, a resident since 2008, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:36:06) Joanna Weiss was called to speak and stated their opposition to proposed City Charter amendments. (01:39:09) Melvyn Sterling, Former Chair of Emergency Medicine at University of California Irvine, was called to speak and stated support for Consent Calendar Item #11 regarding application for CalOptima Health's Street Medicine Program to provide preventive health, urgent care and social services for homeless individuals at no direct cost to the City. (01:40:51) Tim Schultz, a resident of the Brightwater community, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:42:00) Lisa C., a Huntington Beach resident, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:45:02) Brian Thienes, a 36-year resident and Public Hearing Item #26 appellant, was called to speak and stated opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community, and asked why his appeal was delayed just because the project developer asked for a Public Hearing delay. (01:48:20) Alison Meyer, a 29-year resident, was called to speak and stated her opposition to Public Hearing Item #26 regarding the proposed Bolsa Chica Senior Living Community. (01:51:34) John Villa, Chamber of Commerce Member, was called to speak and stated his support for Consent Calendar Item #13 regarding a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. (01:53:46) Bree Anna Walker, not a resident of Huntington Beach, was called to speak and shared her personal experience of being falsely identified by a friend of Huntington Beach Councilmembers as attending the last meeting and clarified she did not attend that meeting, nor did she make the comments being falsely attributed to her. (01:55:19) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — Councilmember Kalmick reported that he and Councilmembers Moser and Bolton attended a One-Stop Shop facility tour in Riverside on October 23, 2023. OPENNESS IN NEGOTIATION DISCLOSURES — Councilmember Kalmick reported meeting with the Police Officers’ Association (POA); Mayor Strickland, Mayor Pro Tem Van Der Mark and Councilmember McKeon reported meeting with the Huntington Beach Fire Association (HBFA). CITY MANAGER’S REPORT — None 91 Council/PFA Minutes November 7, 2023 Page 7 of 14 CONSENT CALENDAR Councilmember Kalmick pulled Item #10; Councilmember Moser pulled Item #11; Councilmember Bolton pulled Item #13; Councilmember McKeon pulled Item #14, #17, and #20; and Councilmember Burns pulled Item #24, all for further discussion. CITY CLERK 8. 23-924 Approved and Adopted Minutes as Amended A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 17, 2023, as amended by Supplemental Communication; and approve and adopt the City Council/Public Financing Authority special meeting minutes of October 23, 2023. The motion as amended carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 9. 23-956 Received and Filed October Update of Activities for Citizen Boards, Commissions, Committees (BCCs) and Regional Agencies A motion was made by Strickland, second Van Der Mark to receive and file. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 10. 23-955 Received and filed the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees (BCCs) updated November 2023 Councilmember Kalmick pulled this item to note for the record that he has not been appointed to serve on any board, commission or committee; has been informed by various residents that some Councilmember liaisons show up to meetings late, or do not attend meetings; and meetings are cancelled because there is no quorum. He congratulated Councilmember Moser for being elected to the Orange County Human Relations Commission. Councilmember Moser shared her opinion that residents would be better served if all Councilmembers were appointed to boards, commissions or committees. She requested the Liaison List be updated to reflect her appointment as the Orange County Human Relations Commission First District Representative by the City Selection Committee. A motion was made by Strickland, second Burns to receive and file the revised 2023 City Council Liaison List to Citizen Boards, Commissions and Committees updated November 2023. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 92 Council/PFA Minutes November 7, 2023 Page 8 of 14 CITY MANAGER 11. 23-954 Approved submittal of a Letter of Interest and application for CalOptima Health’s Street Medicine Program to provide preventive health, urgent care, and social services directly to homeless individuals at no direct cost to the City Councilmember Moser pulled this item to confirm with City Attorney Michael Gates that the date for the Letter of Interest would be changed to November 7, 2023, to reflect the date of Council's decision. She also reviewed some of the services CalOptima would provide through this program. A motion was made by Moser, second Strickland to approve the submission of the City's Letter of Interest and application to CalOptima Health's Street Medicine Program; and authorize the City Manager to execute and submit all application documents on behalf of the City, as amended to update Letter of Interest date. The motion as amended carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None COMMUNITY DEVELOPMENT 12. 23-849 Approved Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for Fiscal Year (FY) 2023-24 A motion was made by Strickland, second Van Der Mark to approve the Huntington Beach Tourism Business Improvement District (HBTBID) Annual Report for FY 2023-24. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 13. 23-940 CONTINUED TO A DATE UNCERTAIN request to authorize execution of a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce to formally establish a partnership that defines the roles and responsibilities of both parties Councilmember Bolton pulled this item to recommend it be pulled for further consideration. She stated she does not oppose the Memorandum of Understanding (MOU) but rather would like time to address the public's concerns. Councilmember Bolton asked Economic Development Manager Kriss Casanova to describe the purpose of this MOU, which she stated updates rates paid by the Chamber of Commerce for use of City facilities and services. Councilmember Burns stated his support for continuing this item to a date uncertain to allow time for more clarity. 93 Council/PFA Minutes November 7, 2023 Page 9 of 14 A motion was made by Bolton, second Burns to continue to a date uncertain request to approve and authorize the Mayor and City Clerk to execute a Memorandum of Understanding between the City of Huntington Beach and the Huntington Beach Chamber of Commerce. The motion as amended carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None FINANCE 14. 23-957 Approved FY 2022/23 Budget Adjustment for the City’s Various Unfunded Liabilities and Year-End Audit Entries Councilmember McKeon pulled this item to invite Chief Financial Officer Sunny Han to provide details for the benefit of the public and noted the actual $16M surplus to counter false information some members of the community are claiming. He stated Council approved budget numbers can be found on the City's website. Sunny Han, Chief Financial Officer, presented a PowerPoint communication titled FY 2022/23 Year-End Budget Adjustments for City's Unfunded Liabilities and Year-End Audit Entries, with slides entitled: Background; Strategic Plan Goals; Workers' Compensation; General Liability; Retiree Supplemental; Central Library Transformer Replacement; General Fund Adjustments Summary; Other Fund Adjustments (2); and Questions. A motion was made by Strickland, second Burns to increase appropriations for the FY 2022/23 Revised Budget by $119,243 in the funds and amounts contained in Attachment 1 to reconcile the budget with actual expenses incurred; and, approve the appropriation and transfers for the FY 2022/23 Revised Budget in the funds and by the amounts contained in Attachment 1; and, approve the appropriation and transfer of $12,620,000 into the Workers' Compensation, General Liability, Retirement Supplemental, and Infrastructure Funds from the General Fund year-end balances (see Attachment 1). The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None FIRE 15. 23-936 Adopted Resolution No. 2023-54 to approve the updated Emergency Operations Plan (EOP) that includes the management, concepts, and response procedures relative to large-scale disasters A motion was made by Strickland, second Van Der Mark to adopt Resolution No. 2023-54, "A Resolution of the City Council of the City of Huntington Beach Approving the City's Emergency Operations Plan." The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 94 Council/PFA Minutes November 7, 2023 Page 10 of 14 16. 23-939 Approved and authorized execution of a contract between the City of Huntington Beach and Wittman Enterprises, LLC to provide billing services for emergency paramedic and ambulance services A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute the "Professional Services Contract Between the City of Huntington Beach and Wittman Enterprises, LLC for Billing Services for Emergency Paramedic and Ambulance Service" in an amount not to exceed $1,400,000 over three years. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 17. 23-949 Approved and authorized execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; authorized designated City staff to execute the agreement; and approved an appropriation of $2,282,450 for the agreement during FY 23/24? Councilmember McKeon pulled this item to invite Fire Chief Haberle to provide details on the benefits of this program. Division Chief Lopez, the staff member responsible for bringing this opportunity forward, presented a PowerPoint communication titled Voluntary Rate Range IGT Program (VRRP IGT) with slides entitled: Recommendation; Background (2); Steps; Future; and Questions. A motion was made by Strickland, second Kalmick to approve and authorize execution of an agreement between the California Department of Health Care Services (DHCS) and City of Huntington Beach; and authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement; and approve an appropriation of $2,282,450 to business unit 10065403 as required by the agreement. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None HUMAN RESOURCES 18. 23-962 Adopted Resolution No. 2023-57 authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System (PERS) and make determinations of disability for local safety members A motion was made by Strickland, second Van Der Mark to adopt Resolution No. 2023-57, "A Resolution of the City Council of the City of Huntington Beach authorizing the City Manager to submit disability applications for all members of the Public Employees Retirement System and make determinations of disability for local safety members", and repeal Resolution No. 2016-43. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 95 Council/PFA Minutes November 7, 2023 Page 11 of 14 PUBLIC WORKS 19. 23-909 Approved License Agreement with Huntington Gateway Industrial II, LLC to install and maintain all landscaping and landscaping improvements within the public rights-of-way for the Huntington Gateway Phase II Industrial Project A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute and record the "License Agreement between the City of Huntington Beach and Huntington Gateway Industrial II, LLC to Provide Installation and Maintenance of Landscaping and Landscaping Improvements in the Public Right-of-Way" for the Huntington Gateway Phase II industrial project (Attachment 1). The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 20. 23-911 Awarded and authorized the execution of a construction contract with Big Ben Engineering in the amount of $3,970,850 for the Edinger Avenue Sewer Replacement Project, CC-1662; and, authorized appropriation of funds Councilmember Kalmick pulled this item because approval will create extended traffic delays on Edinger Avenue, and invited Chau Vu, Director of Public Works, to present a PowerPoint communication titled Edinger Avenue Sewer Improvements with slides entitled Background; Edinger Avenue Sewer Improvements Location & Alignment; Funding and Schedule; Details; and Questions? A motion was made by Kalmick, second Strickland to approve a budget transfer of $1,337,325 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189019.82600 (Edinger Sewer Project) to fully fund the Edinger Sewer Project; and, accept the lowest responsive and responsible bid submitted by Big Ben Engineering, in the amount of $3,970,850; and, authorize the Mayor and City Clerk to execute a construction contract with Big Ben Engineering in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 21. 23-912 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with Sancon Technologies, Inc. in the amount of $1,432,642 for the Fiscal Year 22/23 Sewer Lining Project, CC-1728 A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Sancon Technologies, Inc. in the amount of $1,432,642; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 96 Council/PFA Minutes November 7, 2023 Page 12 of 14 22. 23-913 Awarded and authorized execution of a construction contract with Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450 for the Humboldt Sewer Lift Station Replacement Project, CC-1634; and authorized appropriation of funds A motion was made by Strickland, second Van Der Mark to accept the lowest responsive and responsible bid submitted by Vido Artukovich & Son Inc./Vidmar, Inc. A JV, in the amount of $4,193,450; and approve a budget transfer of $933,082 from Account 51189021.82600 (PCH Restroom Sewer Lift Station Project) to Account 51189017.82600 (Humboldt Sewer Lift Station Project) to fully fund the Humboldt Sewer Lift Station Replacement Project; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 23. 23-926 Appropriated $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station A motion was made by Strickland, second Van Der Mark to appropriate $210,000 from the Drainage Fund (211) to repair damage to the Hamilton Flood Control Station and Slater Flood Control Station. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None 24. 23-942 Adopted Resolution No. 2023-58 authorizing the City’s application for grant funds from the State Department of Parks and Recreation through the Habitat Conservation Fund Program to restore and realign portions of the existing trail at Shipley Nature Center Councilmember Burns pulled this item for clarification and justification for this major expense. Chau Vu, Director of Public Works, defined the project scope which involves nearly an acre of land area, and noted the project has not been designed nor has it gone out to bid. She confirmed that the state is looking closely at the City's grant application. She confirmed for Councilmember Burns that the area is very wet, and it is not possible to implement his suggestion of bringing in City-owned heavy equipment to grade the trail and then use City-generated wood chips to cover the trail. Councilmember Moser noted this area of the Shipley Nature Center remains closed and will only get worse if not addressed. She stated her support for applying for matching grant funds. She also confirmed with Director Vu that this action only commits to applying for grant funds and is not a commitment to proceed with the project. A motion was made by Moser, second Van Der Mark to adopt Resolution 2023-58 "A Resolution of the City Council of the City of Huntington Beach Approving the Application for Grant Funds from the Habitat Conservation Fund Program." The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns 97 Council/PFA Minutes November 7, 2023 Page 13 of 14 NOES: None 25. 23-941 Approved and authorized execution of a Cooperative Agreement with the Orange County Transportation Authority (OCTA) for the implementation of the Countywide Signal Synchronization Baseline Project A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute "Cooperative Agreement No. C-3-2417 Between Orange County Transportation Authority and City of Huntington Beach for Countywide Signal Synchronization Baseline Project". The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None PUBLIC HEARING 26. 23-841 PUBLIC HEARING NOT HELD -- CONTINUED TO A DATE UNCERTAIN AT THE REQUEST OF THE DEVELOPER the request to adopt Resolution No. 2023-51 approving General Plan Amendment No. 21-004; approve for introduction Ordinance No. 4305 approving Zoning Map Amendment No. 21-003; adopt Resolution No. 2023-53 approving Zoning Text Amendment No. 22-005; adopt Resolution No. 2023-52 certifying Environmental Impact Report (EIR) No. 21-004; and, consider appeals by Council Member Burns and Brian Thienes of the Planning Commission’s approval of Conditional Use Permit No. 21-024 (Bolsa Chica Senior Living Community) Pursuant to the Brown “Open Meetings” Act, City Clerk Robin Estanislau announced supplemental communications that were received by her office following distribution of the Council Agenda packet, which were all uploaded to the City’s website and Councilmember iPads: 2 letters and 134 email communications. A motion was made by Strickland, second Burns, to at the developer’s request, continue the Bolsa Chica Senior Living Community unopened public hearing to a date uncertain. The motion carried by the following roll call vote: AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ADMINISTRATIVE PUBLIC HEARING 27. 23-751 CONTINUED TO NOVEMBER 21, 2023, AT APPELLANT’S REQUEST -- Appeal of the Planning Commission’s denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) A motion was made by Strickland, second Burns, to at the appellant’s request, continue to November 21 the appeal of the Planning Commission's denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). The motion carried by the following roll call vote: 98 Council/PFA Minutes November 7, 2023 Page 14 of 14 AYES: Kalmick, Natalie Moser, Van Der Mark, Strickland, McKeon, Bolton, and Burns NOES: None ORDINANCES FOR INTRODUCTION 28. 23-910 ITEM WITHDRAWN Approve for introduction Ordinance No. 4303 and authorize requested changes to Huntington Beach Municipal Code Chapter 10.44.062 Relating to Parking - Time Limits ADJOURNMENT — At 8:29 PM a motion was made by Strickland, and a second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, November 21, 2023, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov _______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 99 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-928 MEETING DATE:11/21/2023 Maps REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Travis K. Hopkins, Assistant City Manager PREPARED BY:Grace Yoon-Taylor, Principal Management Analyst Subject: Approve the extension of and fee modifications to the Hometown Heroes Banner Program Statement of Issue: Initiated by City Council action on May 16, 2011, the Hometown Heroes Banner Program is a joint effort between the City and American Legion Post 133 to honor the contribution and sacrifice of Huntington Beach’s active duty military persons. City Council is asked to consider continuing the Hometown Heroes Banner Program and give the City Manager authority to make any future adjustments to the Program’s banner fees, as needed. Financial Impact: No budget appropriation is requested at this time. The City Manager’s Office manages the program , and Public Works installs, maintains, and removes the banners at no cost to program applicants. These costs are covered under each department’s respective General Fund operating budgets: Public Works labor costs:$108/banner (or $2,160 for 20 banners on average annually) City Manager’s Office staff costs: Nominal (4-8 hours of staff time per month) In addition, program applicants pay a $160 fee for the wholesale cost of fabricating their banners at no cost to the City. The fabrication is facilitated by American Legion Post 133, and applicants keep the banners after their 1-year display period ends. If the City Council continues the current program and fee structure, the City will also continue to assume the City’s management and labor/materials costs listed above. All other costs (banner fabrication) will be supported by the applicants’ banner fees. Recommended Action: A) Continue to assume the City’s management and installation costs to administer the Hometown City of Huntington Beach Printed on 11/15/2023Page 1 of 3 powered by Legistar™100 File #:23-928 MEETING DATE:11/21/2023 Heroes Banner Program; continue to charge the wholesale banner fee of $160 to qualified applicants for the fabrication of new and replacement banners; and B) Give the City Manager authority to make any adjustments to the Program’s wholesale banner fee to offset any future increase in fabrication costs in the future; the rate may be adjusted by the Consumer Price Index (CPI) rate or up to the full, retail fabrication cost at that time . Alternative Action(s): A) Apply a different fee for new and replacement banners; give the City Manager authority to adjust the Program’s fee by the CPI rate or up to the full, retain fabrication cost to offset any future increases; or B) Do not approve any recommended action, and direct staff accordingly. Analysis: Initiated by Council action on May 16, 2011, the Hometown Heroes Banner Program is a joint effort between the City and American Legion Post 133 to recognize and honor the contribution and sacrifice of Huntington Beach’s active duty military persons. The first banners were installed before the July 4th Independence Day in 2011, and have since received tremendous support from the community. A number of cities have instituted similar programs including Fountain Valley, Irvine, Placentia, Santa Ana, and Torrance. Since its inception, the program has honored 241 Huntington Beach residents actively serving in all branches of the United States Armed Forces. Currently, the City displays 74 banners on Main Street from Beach Blvd. to 6th Street and Yorktown from Main Street and Florida Street. Each banner is displayed for one year, at which time it is returned to the banner sponsor. The banner space is then replaced with another service member’s banner. If there are no other applicants on the waiting list, the City may extend the display beyond one year. During the initial year in 2011, the estimated cost for customer banner fabrication, hardware, and installation was $270 per each banner. On July 16, 2012, the City Council approved the continuation of the initial Hometown Heroes Banner Program and a lower-cost renewal option of $140 for replacement banners. Today, the program fee is $160, which covers the wholesale banner fabrication cost by local printing vendor, HB Digital. The fee payment check goes directly to American Legion Post 133, which coordinates the fabrication with HB Digital. The City covers the remaining cost to coordinate the program and install/maintain/remove the banners. HB Digital indicated that it would continue offering their wholesale banner fabrication cost at $160 with no cost increase at this time. (The full retail price is approximately $245 per banner.) However, should this change in the future, City Council is requested to authorize the City Manager to adjust the fees by CPI or to an amount to cover up to the full cost of banner printing/production, should costs increase in the future. Furthermore, should the City Council decide to continue this program as is, the average annual cost to the City (for installation and staff time) is estimated to be approximately $2,160 in General Funds. City of Huntington Beach Printed on 11/15/2023Page 2 of 3 powered by Legistar™101 File #:23-928 MEETING DATE:11/21/2023 For comparison, the program fees in neighboring cities with similar programs are listed below: City Fees to Applicants Length of Display Payable to: City of Anaheim Currently on hold due to a budget deficit. City of Fountain Valley $0 (subsidized by the FVCF Banner Sponsorship Program) 1 Year Fountain Valley Community Foundation (FVCF) City of Huntington Beach $160 per Banner 1 Year American Legion Post 133 City of Irvine $0 As long as service member is active. City City of Placentia $260 per Banner 2 Years City City of Santa Ana $187 per Banner 1 Year City City of Torrance $300 per Banner 1 Year City Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Although this item is not directly related to this Strategic Strategy, this action considers the full cost recovery for the existing program to reduce the City’s reliance on General Fund. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. RCA & Council Minute Action - July 16, 2012 2. Hometown Heroes Banners Program Brochure - Updated City of Huntington Beach Printed on 11/15/2023Page 3 of 3 powered by Legistar™102 Council/Agency Meeting Held:-4-,'--1---'c;,.+-"'4-~~- Deferred/Continued to: ---------- ~ Appr9. ed □ Conditionally Approved □ Denied Council Meeting Date: July 16, 2012 CITY OF HUNTINGTON BEACH REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A Wilson, City Manager PREPARED BY: Bob Hall, Deputy City Manager AD 12-013 SUBJECT: Approve the extension of and modifications to the Hometown Heroes Banner Program Statement of Issue: The City Council is asked to extend the Hometown Heroes banner program that has been in place for one year and consider a lower cost renewal option. Financial Impact: No city funds are used for this program. American Legion Post 133 collects the funds, pays for the banners and reimburses the Public Works department for installation. Recommended Action: Motion to: A) Continue the Hometown Heroes Banner program as previously approved; and, B) After the first year of display, offer a lower-cost renewal option of $140 for replacement banners of the celebrated heroes with verification of continued active duty. Alternative Action(s): A) Retire each banner at its one-year anniversary of installation and collect full $270 for replacement banners. B) Leave the existing banners up until determined that the banners are no longer in good condition and remove at that time. HB -79-Item 10. - 1 103 REQUEST FOR COUNCIL ACTION MEETING DATE: 7/16/2012 DEPARTMENT ID NUMBER: AD 12-013 Analysis: The Hometown Heroes Banner Program was initiated by Council action on May 16, 2011. The first banners were installed before the July 4th holiday in 2011. The banners have received tremendous support from the community and positive response from military family participants. A number of cities have modeled similar programs after ours including Fountain Valley, Westminster, and Torrance. Since its inception, the program has honored seventy-four Huntington Beach residents actively serving in all branches of the United States Armed Forces. Each banner costs $270 for custom banner fabrication, hardware and installation. As part of the initial action, the program was designed to be year-round with applications accepted on an ongoing basis. Banners shall be displayed fo a specified period of time before retired and given to the military heroes' family. A provision was added to check the condition each banner at six months to prevent tattered and worn banners. Therefore, each family was guaranteed display of the banner for a minimum of six months and up to one year as indicated on the application brochure. At six months, public works installers and program coordinators agreed to keep the banners installed. The one year mark has arrived and Council must give direction for how to proceed with the program. Staff recommends offering a lower-cost renewal option of $140 for families of the celebrated heroes with verification of continued active duty for a new replacement banner. Any discharged or retired heroes' banners will be retired. Staff will contact each banner sponsor with a renewal notice at the one-year anniversary of the installation of the banner. At that time, the sponsor will indicate whether their hero is still active duty and if they wish to renew. If the sponsor chooses to renew, they will essentially order a new, duplicate banner to display for one more year at a discounted rate. This will allow families to continue to honor active duty Hometown Heroes. The renewal will also mitigate any concerns about wear and tear of the current banners by replacing them. The cost of $140 includes custom banner fabrication and installation. Since the hardware was previously purchased by the banner sponsor, it will not need to be purchased again. The banner installed in 2011 will be removed and presented to the family. If the hero is no longer active duty, he or she will no longer be eligible for the program. Alternatively, Council may choose to retire each banner at its one-year anniversary without renewal option. In this case, a banner sponsor may purchase a new banner at full price to continue honoring their active-duty hero. Or, Council may choose to leave up the current banners until it is determined that the condition no longer suitable and instruct staff to remove. Environmental Status: N/A Strategic Plan Goal: Improve the City's infrastructure Attachment: None Item 10. - 2 HB -80- 104 CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: From: Date: May 3, 2011 Subject: CITY COUNCIL MEMBER ITEM FOR THE MAY 16, 2011, CITY COUNCIL MEETING-ESTABLISH HUNTINGTON BEACH HOMETOWN HEROES BANNER PROGRAM STATEMENT OF ISSUE: The City of Huntington Beach is committed to supporting our troops. According to published demographic information, approximately 250 Huntington Beach residents currently serve in the U.S. Armed Forces. Since 2005, over eighteen cities in Southern California have established programs to install personalized banners displaying the person's name, branch of service and a photo on light poles on major streets throughout the city to both celebrate and remind residents of their dedication to our country. I am requesting that the City Council support the establishment of the Huntington Beach Hometown Heroes Banner Program honoring these brave men and women in the City of Huntington Beach. This banner program is designed to honor our local military heroes who reside in the City of Huntington Beach or have an immediate family member who resides in Huntington Beach. In order to qualify, the hero to be displayed must be an active member of the United States Armed Forces and must be a resident or has an immediate family member who is sponsoring the banner and resides in Huntington Beach (wife/husband, daughter/son, or granddaughter/ grandson). Verification of qualifications is required. This is an ongoing program; applications will be accepted year round. Brochures with required information will be posted on the City's website. Banners shall be displayed for a specified period of time, before being retired and given to the hero or the celebrated hero's family. Possible streets under consideration are Main Street from Beach Blvd. to 6th Street and Beach Blvd. from Pacific Coast Highway to Adams Ave. The cost of the banners and installation will be covered by private funds and no City funds would be used for this program. RECOMMENDED ACTION: Direct staff to develop a policy and implement the Huntington Beach Hometown Heroes Banner Program. JC:AW Cc: Fred Wilson, City Manager Paul Emery, Deputy City Manager Bob Hall, Deputy City Manager s--/6 -cJ-.OI I /j-P/J/f o v 1:::-i) _:;. -D 105 Minutes City Council/Public Financing Authority City of Huntington Beach Monday, July 16, 2012 4:00 PM -Room B-8 6:00 PM -Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 An audio recording of the 4:00 PM portion of this meeting and a video recording of the 6:00 PM portion of this meeting are on file in the Office of the City Clerk and are archived at www.surfcity-hb.org/government/agendas/ 4:00 PM -ROOM B-8 CALL TO ORDER ROLL CALL Present: Absent: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION/ CLOSED SESSION ITEMS (3 Minute Time Limit) Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced receipt of supplemental communications received by her office following distribution of the City Council agenda packet: A PowerPoint communication submitted for Study Session Item No. by Lori Ann Farrell, Director of Finance, dated July 16, 2012, entitled City of Huntington Beach Proposed Budget, Fiscal Year 201212013. STUDY SESSION 1. City Manager and City staff presented an overview of the City Manager's recommended Proposed Fiscal Year 2012/13 Budget Lori Ann Farrell, Director of Finance, and Carol Molina Espinosa, Budget Manager, provided a PowerPoint presentation dated July 16, 2012 and entitled City of Huntington Beach Proposed Budget Fiscal Year 201212013, that included titled slides: FY 2012/12 Proposed Budget Presentation Overview, A Roadmap to Success -The Strategic Plan, FY 2012/2014 Proposed Budget: An Overview, FY 2012/13 Proposed Budget, FY 2012/13 General Fund Budget, Enhance Economic Development, General Fund Expenditures, Highlights of Proposed Reductions, Proposed Staff Reductions, City Council Memberships, Alternatives to Consider, 106 Council/PFA Regular Minutes July 16, 2012 Page2of16 Maintain Public Safety, Improve the City's Infrastructure, Financial Reserves, Strategic Use of Reserves, Improve Long Term Financial Sustainability Reserve Balances (In Thousands), Develop, Retain and Attract Quality Staff, Budget Calendar, and City of Huntington Beach Proposed Budget Questions? Councilmember Shaw and Director Farrell discussed how our public safety budget compares with other cities. Mayor Hansen and Director Farrell discussed the benefits of paying off the PARS pension obligation to eliminate liability. Director Farrell thanked members of the Finance Department for their work ori the budget. Councilmember Boardman and Director Farrell discussed establishing projected sales tax revenue, projection comparison by year, and other revenues (property tax, transient occupancy tax), and how they are delivered (monthly, quarterly, annually, etc.). Discussion ensued regarding costs associated with cutting certain positions in the City's table of organization, when the economic uncertainties fund was established, and use of economic-uncertainties funds to save positions anticipated for layoff. Councilmember Carchio and Director Farrell discussed the value of employee PERS concessions, anticipated cuts affecting City libraries, and library collection procedures. Councilmember Carchio voiced concerns about reductions affecting the SWAT program. Mayor Hansen and Director Farrell discussed policy in relation to use of economic uncertainties fund monies. Mayor Hansen proposed outsourcing the City's legal department, and solicited Council support to direct the City Manager to issue a Request for Qualifications (RFQ) document, with the City Attorney to serve as Contract Administrator. Councilmember Boardman recalled a favorable audit of City Attorney services, and Manager Wilson and Director Farrell discussed the types of legal services currently being outsourced. Councilmember Boardman reminded Council how the past City Attorney spent too much money on outsourced legal services. Councilmember Harper questioned the appropriateness of a Council vote on publishing an RFQ. Deputy City Attorney Mike Vigliotta discussed Brown Act implications of and taking action on a non-agendized issue. Mayor Hansen opined that outsourcing services falls within the context of the budget discussion. Councilmember Boardman opposed the amount of staff time needed to accomplish the task. Councilmember Harper expressed support for an RFQ. Councilmember Shaw asked for past expenses related to revising the Charter and evaluating the City Attorney's office, voicing concerns about the presence of a political agenda. Councilmember Carchio disagreed with Councilmember Shaw and voiced support to examine all options and issue an RFQ. Mayor Pro Tern Dwyer, Deputy City Attorney Mike Vigliotta and Director Farrell discussed budgetfigures representing case load, and budget liability (claims). 107 Council/PFA Regular Minutes July 16, 2012 Page 3 of 16 'Councilmember Bohr supported issuing an RFQ to identify potential cost savings. Mayor Hansen opined that any and all departments should be considered for evaluation, and discussed public opinion related to outsourcing police and fire services. Councilmember Boardman reiterated her suggestion to use economic uncertainties funds to help balance the budget and discussed what the Police Department will not be providing because of budget cuts. Director Farrell described two identified scenarios (status quo and full employee pick of PERS obligations). Councilmember Carchio and Manager Wilson discussed issues surrounding services being delivered at the same level with fewer resources. Councilmember Bohr discussed revenue realized from increased parking fees and enforcement. Mayor Pro Tern Dwyer and Director Farrell discussed the amount of funds appropriated in the City Attorney's budget for outside legal services, including the emergency litigation fund. RECESS TO CLOSED SESSION A motion was made by Carchio, second Dwyer to recess to Closed Session. The motion carried by the following roll call vote: AYES: NOES: CLOSED SESSION Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman None 2. Pursuant to Government Code Section 54957.6, the City Council recessed to Closed Session to meet with its designated labor negotiators: Fred Wilson, City Manager; Paul Emery, Deputy City Manager; Bob Hall, Deputy City Manager; Michele Carr, Director of Human Resources; and Lori Ann Farrell, Director of Finance, regarding labor negotiations with MEO. 3. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Parks Legal Defense Fund v. The City of Huntington Beach; Orange County Superior Court Case No. 30-2012- 00570541. In this second lawsuit challenging the Senior Center, a public interest advocacy organization alleges that the City violated CEQA, City Charter Section 612 (Measure C), and City's General Plan in approving the Senior Center. 4. Pursuant to Government Code Section 54956.9, the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuits [and potential lawsuits]: Walker v. City of Huntington Beach, Orange County Superior Court Case No. 30-2011- 00486324. Plaintiff was involved in an automobile accident with a City vehicle at the intersection of Edinger Avenue and Gothard Street. 6:00 PM -COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING -6:02 PM CLOSED SESSION REPORT BY CITY ATTORNEY -None. 108 ROLL CALL Present: Absent: Council/PFA Regular Minutes July 16, 2012 Page 4 of 16 Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman None PLEDGE OF ALLEGIANCE -Led by Councilmember Connie Boardman INVOCATION -Given by Reverend Peggy Price, Huntington Beach Interfaith Council AWARDS AND PRESENTATIONS Presentation -Mayor Hansen called forward the Huntington Beach Fast Pitch Girls Softball League Coach Jon Gmur to introduce his 8 and Under (SU) Gold Team that had a 30 and 2 season and won 5 of 6 local tournaments: Mikayla Carman, Hailey Gmur, McKenna Pua, Briana Gonzales, Sara Crespo, Cierra Escamillia, Bella Messina, Taylor Lane and Skylar Wallace. Mayor Hansen called forward the Huntington Beach Fast Pitch Girls Softball League Coach Scott Drake to introduce the 1 OU Gold Team who placed second in State finals, 3rd in District, and qualified for "Nationals": Shayla Thomas, Allyson Fullbright, Megan Ryono, Kelli Ryono, Malia Cockrell, Maddie Botts, Natalie Dorame, Katelyn Drake, Emily Gray, Reanna Rudd, Helena Gonzales, Bella Gara, and Kamryn Petit. Players brought trading pins forward for the Council. · Mayor Hansen called forward Coach Aimee Valley to introduce the 12U Gold Team who took 3rd in District finals and qualified for "Nationals" in Salem, Oregon: Tyler Frydman, Kendell Henscheid, Amanda Valle, Greta Wessel, Sarah Ferguson, Mikayla Nieto, Stephanie Tsai, Kaylee Hammond, Danika McKee, Valerie Rudd, Ashley Drake, and Remi Davidson. Presentation -Mayor Hansen presented a commendation to Dave and Margaret Carlberg for their many years of service with the Amigos De Chica Balsa and the Balsa Chica Foundation. Mayor's Award -Mayor Hansen called on Lia Hernandez, Senior Librarian, to present the Mayor's Award to Amy Crepeau, Family Literacy Program Specialist for the Oak View location, Ms. Hernandez described Amy's service and contributions to the organization. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Joan Flynn announced supplemental communications received by her office following distribution of the City Council agenda packet: Communications received for Councilmember Item No. 19 requesting staff to include analysis of relocation of historic buildings designated to be demolished on Nichols Street at Warner Avenue as part of the Focused Environmental Impact Report (FEIR): Elaine Parker, Doug Erber, Stacha Khatib, Jennifer M. Gates, Field Services Director of California Preservation Foundation, Karen Kai, Cathy lnamasu, White J. & Marilyn L. Harris, Melvin Araki, Gloria Alvarez Communications received for Councilmember Item No. 21 regarding an alternative proposal be submitted to the Orange County Transportation Authority (OCTA) regarding the widening of the 109 Council/PFA Regular Minutes July 16, 2012 Page 5 of 16 405 freeway that would include no Toll Lanes: Christine Chapel, Harold Webster, Amy Shaw, and Elias Flores. Communications received for Councilmember Item No. 22 regarding the drafting of a Charter Amendment that would be placed on the November 6, 2012 General Municipal Election Ballot approving the sale of California State-Approved Fireworks: Elaine Parker, Mary Jo Baretich, Dave Rollins, Francis VanderKallen and Maria Young. Communication submitted on Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks by Paul Haussler, Huntington Beach Homeowners. PUBLIC COMMENTS (3 Minute Time Limit) (The number (hh:mm:ss) following speakers' comments indicates the approximate starting time in the archived video located at http://www.surfcity-hb./org/government/agendas/). Julie Bixby voiced opposition to Councilmember Item 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00:27:23) Mark Bixby spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00: 30: 16) Ted Mooers, Edison High School Football Booster Club, spoke in favor of Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00:31 :54) Troy Adlawan, Edison Aquatics Complex, spoke in favor of Councilmember Item No. 22 - Charter Amendment for Sale of California State-Approved Fireworks. (00:34:41) Paul Haussler, representing Huntington Bay Homeowners' Association, spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks, and distributed a communication to Council. (00:35:49) Mayor Pro Tern Dwyer and Officer Reinhart discussed HOA's authority to prohibit firework use. Joseph Lascola spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00:39:03) Mary Jo Baretich spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California· State-Approved Fireworks. (00:41 :27) Walter Fernandez spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00:44:04) Vern Nelson Jr. spoke in favor of Councilmember Item No. 21 -Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. (00:47:06) Vicki Schlom spoke in favor of Councilmember Item No. 21 -Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. (00:50:22) 110 Council/PFA Regular Minutes July 16, 2012 Page 6 of 16 Gus Ayer spoke in favor of Councilmember Item No. 21 -Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. (00:53:39) Councilmember Harper recognized Mr. Ayer as a past mayor of Fountain Valley. Marselle Sloane, speaking.on behalf of Roz Freeman, spoke in favor of Councilmember Item No. 21 -Recommendatioll'that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. (00:57:07) Mike Van Voorhis, Sunset Beach Community Association, spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (00:58: 10) Schelly Sustarsic spoke in favor of Councilmember Item No. 21 -Recommendation that OCTA Pursue Alternatives One or Two for Widening of the 405 Freeway. (01 :01 :05) Diana Carey, Chair of the City of Westminster I 405 Freeway Committee, spoke regarding Councilmember Item No. 21 -opposing OCTA's Alternative Three for the Widening of the I 405 Freeway. (01 :04:09) Mayor Hansen and Ms. Carey spoke about the largest property takes since the inception of the project. Ms. Carey stated the item has moved from affecting residents, to now affecting businesses. Councilmember Harper and Ms. Casey discussed Westminster's support of a "build" alternative. Tim Geddes spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01: 11 :21) Mary Urashima spoke in support of Councilmember Item No. 19 -Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. (01: 14:29) Suzane Krol Boller, Allied Arts Board and Huntington Beach Art Center Foundation Board, spoke regarding NEA (National Endowment of the Arts) and forming an endowment to preserve the Art Center, and distributed information to Council. (01: 17:43) Ben and Laurie McCulloch spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :21 :00) Kari Cozza spoke in favor of Council member Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :23: 16) Trent Cozza spoke in favor of Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :25:31) John Earl spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :27:52) Juana Mueller spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :30:46) 111 Council/PFA Regular Minutes July 16, 2012 Page 7 of 16 Betsy Morris spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :32:05) Jennifer Gates spoke in support of Councilmember Item No. 19 -Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. (01 :34:52) Pam Vallot spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :37:00) Stacha Khatib spoke in support of Councilmember Item No. 19 -Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. (01 :40:05) Linda Moon spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :41 :03) Randell James Costello spoke in favor of a skate park in Huntington Beach. (01 :43:45) Mayor Hansen asked Mr. Costello to fill out a blue card to gain information regarding the Vans Skate Park planned in Huntington Beach. Alison Goldenberg spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :47:34) Dann Gibb spoke in support of Councilmember Item No. 19 -Analysis of Relocation of Historic Buildings Designated to be Demolished on Nichols Street at Warner Avenue. (01 :48:27) Jerry Berger spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :49:57) Brenda Calvillo spoke in opposition to Councilmember Item No. 22 -Charter Amendment for Sale of California State-Approved Fireworks. (01 :53:09) COUNCIL COMMITTEE -APPOINTMENTS -LIAISON REPORTS AND ALL AB 1234 DISCLOSURE REPORTING 1. Approve Youth Board appointments/reappointments A motion was made by Dwyer, second Harper to approve the reappointment of the following students to a one-year term on the Huntington Beach Youth Board with terms to expire June 2013 as recommended by Council liaisons Devin Dwyer and Matthew Harper: Lindsey Thomas, Edison High School Representative, Samantha Sharkoff, Huntington Beach High School Rep, Quentin Cronk; Marina High School Representative, Gregory Welker, At-large Representative; and, approve the appointment of the following students to a one-year term on the Huntington Beach Youth Board with terms to expire June 2013 as recommended by Council liaisons Devin Dwyer and Matthew Harper: Lily Falzon, Ocean View High School Representative, Emily Le, At- large Representative, Elliot Lee, At-large Representative, Austin Smith, At-large Representative, Monica Waldau, At-large Representative. The motion carried by the following roll call vote: AYES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardman 112 NOES: None Council/PFA Regular Minutes July 16, 2012 Page 8 of 16 Mayor Pro Tern Dwyer and Councilmember Boardman discussed the "Escape from the Landfill" exhibit at the Huntington Beach Art Center, and recognized artists Joyce Dallal, Olga Lah and Cynthia Minet. Councilmember Boardman described participating in an informal panel discussion with Pegasus School students regarding plastic debris from beaches, and another regarding City green initiatives. CITY MANAGER'S REPORT-None. CITY ATTORNEY'S REPORT 2. Reported: Notice of Filed Cross Complaint: Michael Barber, et al. v. City of Huntington Beach, Orange County Superior Court, Case No. 30-2011-00456720 (fall in Talbert Park) Assistant City Attorney Mike Vigliotta reported that a first amended cross complaint was filed on June 29th naming Spectrum Care Landscaping and Irrigation in the lawsuit Barber v. City of Huntington Beach, Case No. 30-2011-00456720. CONSENT CALENDAR 3. Approved and adopted minutes A motion was made by Carchio, second Bohr to approve and adopt the minutes of the City Council/Public Financing Authority Regular Meeting of June 18, 2012, as written and on file in the Office of the City Clerk. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 4. Received and filed the City of Huntington Beach Strategic Plan Update A motion was made by Carchio, second Bohr to receive and file the updated status of the Six- Month Strategic Objectives. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 5. Adopted Resolution No. 2012-45 consolidating with the County the November 6, 2012 Election as it pertains to the Measure which amends the City Charter, Section 607 entitled Tax Limits A motion was made by Carchio, second Bohr to adopt Resolution No. 2012-45, "A Resolution of the City Council of the City of Huntington Beach, California, Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be held on Tuesday, November 6, 2012, with the Statewide General Election to be held on the date pursuant to § 10403 of the Elections Code." The motion carried by the following roll call vote: 113 AYES: NOES: Council/PFA Regular Minutes July 16, 2012 Page 9 of 16 Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 6. Adopted Resolution No. 2012-48 accepting State Grant funds; authorized execution of a one- year California Department of Alcoholic Beverage Control (ABC) Grant Agreement in the amount of $50,000; and approved appropriation and expenditure of funds on enforcing state laws regulating the sales of alcohol · A motion was made by Carchio, second Bohr to approve and authorize Chief of Police to execute the State of California, Department of Alcoholic Beverage Control Grant Assistance Program Standard Agreement; and, adopt Resolution No. 2012-48, "A Resolution of the City Council of the City of Huntington Beach Authorizing Application for and Acceptance of Grant Funds From the State of California Department of Alcoholic Beverage Control and Authorizing Execution of the Grant Agreement;" and, approve the appropriation of $50,000, which is to be fully reimbursed by the grant from the Department of Beverage Control; and, authorize the expenditure of $50,000 for the authorized expenditures approved in the attached grant agreement. The motion carried by the following roll call vote: AYES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman NOES: None · 7. Adopted Resolution No. 2012-47 confirming reports of cost for Weed Abatement on private property within the City -2012 Season A motion was made by Carchio, second Bohr to adopt Resolution No. 2012-47, "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2012 Season;" and, direct that all charges listed thereon be certified to the Orange County 2012/13 Property Tax Roll. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 8. Adopted Resolution No. 2012-49 approving the certification of Special Assessments for delinquent Civil Fines for Municipal Code Violations A motion was made by Carchio, second Bohr to adopt Resolution No. 2012-49, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Municipal Code Violations." The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman· None 9. Approved and authorized the City Manager to offer a $25,000 reward to the public for information leading to the arrest and felony conviction of the person(s) responsible for the attempted murder of two Huntington Beach Police Officers 114 Council/PFA Regular Minutes July 16, 2012 Page 10 of 16 A motion was made by Carchio, second Bohr to approve and authorize the City Manager to expend $25,000 as a reward program based on witness information that leads to the arrest and felony conviction of this crime. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 10. Approved the extension of and modifications to the Hometown Heroes Banner Program Councilmember Carchio pulled the item to discuss fee options for renewal/banner replacement, and the City's efforts to confirm soldiers who are still on active duty. Deputy City Manager Bob Hall participated in the discussion. A motion was made by Carchio, second Shaw to continue the Hometown Heroes Banner program as previously approved; and, after the first year of display, offer a lower-cost renewal option of $140 for replacement banners of the celebrated heroes with verification of continued active duty. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 11. Approved of a City Council position on legislation, a regulation, or budget issues pending before a federal, state, or regional government as recommended by the City Council Intergovernmental Relations Committee (IRC) A motion was made by Carchio, second Bohr to oppose AB 2231 (as amended) (Fuentes/Padilla) - An act to amend Section 5611 of the Streets and Highways Code, relating to sidewalks; and, oppose AB 904 (Skinner) -This bill could severely affect affordable housing and parking conditions for neighborhoods, businesses and public facilities. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 12. Approved and authorized execution of a Cooperative Agreement with the County of Orange accepting funding for Sunset Beach Roadway Improvements A motion was made by Carchio, second Bohr to approve and authorize the Mayor and City Clerk to execute the "Cooperative Agreement Between County of Orange and City of Huntington Beach for Funding of Sunset Beach Roadway Improvements in the County of Orange." The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 13. Approved Exhibit B of the Orange County Animal Care Services Contract for fiscal year 2012/2013 A motion was made by Carchio, second Bohr to approve and authorize the Mayor to execute the contract "Exhibit B to Agreement for Provision of OC Animal Care Services With City of 115 Council/PFA Regular Minutes July 16, 2012 Page 11 of 16 Huntington Beach July 1, 2012 Through June 30, 2013," and, authorize the Chief of Police to expend up to $619,436 for animal control services. The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 14. Approved and authorized execution of Amendment No. 1 to License Agreement between the City and See Scopes for coin operated telescopes on the Pier A motion was made by Carchio, second Bohr to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to License Agreement Between the City of Huntington Beach and See Scopes." The motion carried by the following roll call vote: AYES: NOES: Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 15. Approved and authorized execution of the _Memorandum of Understanding (MOU) between the City and the Huntington Beach Auto Dealers Association extending the Annual Beach Parking Pass incentive program another year ( July 1, 2012 -June 30, 2013) A motion was made by Carchio, second Bohr to approve and authorize the Mayor and City Clerk to execute "Memorandum Of Understanding Between the City of Huntington Beach and the Huntington Beach Auto Dealers Association" to continue the Annual Beach Parking Pass incentive program for an additional year. The motion carried by the following roll call vote: AYES: NOES: ADMINISTRATIVE ITEMS Shaw, Dwyer, Harper, Hansen, Carchio, Bohr, and Boardman None 16. Adopted Resolution No. 2012-50 consolidating with the County the November 6, 2012, Election and proposing Ordinance No. 3953 to confirm that all taxes, assessments and property related fees as set forth in the Ordinance apply to all residents, property owners and businesses in the City A motion was made by Dwyer, second Hansen to adopt Resolution No. 2012-50, "A Resolution of the City Council of the City of Huntington Beach Submitting to the Qualified Electors of the City at the November 6, 2012, General Municipal Election a Measure Related to the City's Taxes, Assessments and Property Related Fees and Requesting the Board of Supervisors of the County of Orange to Consolidate a General Municipal Election to be Held on Tuesday, November 6, 2012, with the Statewide General Election to be Held on the Date Pursuant to Section 10403 of the Elections Code," including Exhibit A, Ordinance No. 3953, "An Ordinance of the City of Huntington Beach confirming'the imposition of taxes, assessments and property related fees on all of its residents, business owners, transients, and property owners of the City of Huntington Beach." The City Clerk read into the record the title of Ordinance 3953, and Counci/members Dwyer, Bohr and Carchio were selected to write arguments in favor of the proposed measure. The motion carried by the following roll call vote: AYES: Shaw, Harper, Dwyer, Hansen, Bohr, and Boardman 116 NOES: OUT OF ROOM: None Carchio Council/PFA Regular Minutes July 16, 2012 Page 12 of 16 ORDINANCES FOR INTRODUCTION 17. Approved for introduction Ordinance No. 3954 capping the Retirement Property Tax at the rate set for Fiscal Year 2012/13 to pay for pre-1978 Employee Retirement Benefits Assistant City Attorney Mike Vigliotta discussed methodology in adopting the proposed Ordinance, and what would trigger Proposition 218 requirements. A motion was made by Bohr, second Boardman to after the City Clerk reads by title, approve for introduction Ordinance No. 3954, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 3.07 Relating to Capping the Retirement Property Tax at Fiscal Year 2012/13 Rates." Council member Harper and staff discussed the sunset of the existing pension tax and whether or not the City Council had authority to lower the tax. The motion carried by the following roll call vote: AYES: NOES: COUNCILMEMBER ITEMS Shaw, Hansen, Carchio, Bohr, and Boardman Harper, and Dwyer 18. Submitted by Councilmember Connie Boardman -Reconsideration of Construction Contract #1397 awarded at the July 2, 2012 Council meeting regarding the rehabilitation of Main Street due to concerns raised regarding the removal of trees as part of the project Councilmember Boardman explained her intent to save a large eucalyptus tree growing within the project area, and discussion ensued on how to accomplish that. A motion was made by Boardman, second Harper to award Construction Contract in the amount of $1,188,402.00 to All American Asphalt for the Main Street (Adams Avenue to Utica Avenue) and the Garfield Avenue (Delaware Street to Beach Blvd.) Rehabilitation Projects, CC-1397), amended to include a caveat that the large eucalyptus tree growing within the project be preserved if there is no evidence of damage to homes. The motion carried by the following roll call vote: AYES: NOES: Shaw, Harper, Dwyer, Carchio, Bohr, and Boardman Hansen 19. Submitted by Councilmember Connie Boardman -Request staff to include analysis of relocation of historic buildings designated to be demolished on Nichols Street at Warner Avenue as part of the Focused Environmental Impact Report (FEIR) for this project. Councilmember Boardman presented a PowerPoint depicting history of the buildings, and as liaison to the Historic Resources Board, shared her concerns about the lack of analysis to consider relocation of the structure(s) proposed for demolition, including moving them to City- 117 Council/PFA Regular Minutes July 16, 2012 Page 13 of 16 owned land. Councilmember Carchio shared concerns about the property owner's ongoing costs to store the structures at their current location, and suggested they be moved temporarily to the Public Works yard. Councilmember Harper thanked Councilmember Boardman for bringing the item forward to explore ideas to place the structures on City property, and make the public aware of their historical significance. Councilmember Bohr and Planning and Building Director Scott Hess discussed how the E!R has not been finalized, and why it isn't necessary to make decisions before the item goes as a public hearing before the Planning Commission. Director Hess explained it was possible to direct that temporary relocation of certain structures to a city property be included in the E!R. Senior Planner Ricky Ramos elaborated on what the EIR/lnitial Study will focus on, and also mentioned that cost information had not yet been confirmed. Jerry Moffett with Rainbow Environmental Services offered a timeline of discussion on relocating the structures, indicated there was no solid interest to this point. He also discussed cost estimates to restore damaged buildings. Dick Harlow voiced support to relocate buildings, but not until the EIR receives City approval. Councilmember Boardman and Mr. Moffett discussed what Rainbow Environmental Services would allow regarding relocation of structures in the year following publication of the EIR. Councilmember Boardman suggested a mitigation measure be added that would trigger additional study if the EIR recommends demolition. Councilmember Harper voiced support to relocate structures to city property, and attain assistance from a reputable, third party or non-profit organization for restoration. Mayor Pro Tern Dwyer provided support for finalizing the EIR, and then have Council become involved in the process. Mayor Hansen expressed support for educating the Council and community about the historical significance of the property, but allow the EIR process to finish before making any other substantial decision. He too called for other non-profit organizations to come forward and show interest. Councilmember Boardman and Mary Urashima discussed Council's ability to create an ad hoc committee to raise funds for relocation. A motion was made by Boardman, second Hansen to form an ad hoc committee that includes three Councilmembers (Shaw, Harper and Boardman) and interested individuals to participate in the study of preserving and relocating the historical buildings designated to be demolished on Nichols Street at Warner Avenue. The motion carried by the following roll call vote: AYES: NOES: Shaw, Harper, Dwyer, Hansen, Carchio, Bohr, and Boardan None 118 Council/PFA Regular Minutes July 16, 2012 Page 14 of 16 20. Submitted by Councilmember Connie Boardman -Request Council consider a Ballot Measure for November 2012 to increase in the Transient Occupancy Tax from 10% to 12.5% Councilmember Boardman explained her intent to gain support for a ballot measure that would increase the transient occupancy tax (TOT) from 10% to 12.5%. She discussed the anticipated loss of funds should the property tax measure be approved, and provided a brief history related to TOT collection, and what other cities collect. Councilmember Bohr was not in favor of the request, and discussed how Southern California conference planners consider room and tax rates when considering where to do offsite business. Counci/member Shaw expressed support for increasing TOT to offset the loss of revenue created by the property tax measure. He also voiced concerns about lack of funding to support public safety services. Mayor Pro Tern Dwyer concurred with Councilmember Bohr and his concerns about not being competitive in the conference planning market. He also felt it would be inappropriate to raise taxes as an unstudied reimbursement for anticipated loss. Councilmember Carchio expressed concerns about the timing of the request, and staying competitive in the conference planning market. Councilmember Boardman explained the timing ·1s appropriate so the item can be placed on the November 6, 2012 ballot. A motion was made by Boardman, second Shaw to direct staff to prepare necessary documentation to place the item to increase Transient Occupancy Tax from 10% to 12.5% on the November 2012 municipal election ballot. The motion failed by the following roll call vote: AYES: Shaw, and Boardman NOES: Harper, Dwyer, Hansen, Carchio, and Bohr 21. Submitted by Councilmember Connie Boardman -Request Council recommend to the Orange County Transportation Authority (OCTA) Board an alternative proposal for the widening of the 405 freeway that includes no Toll Lanes Councilmember Boardman discussed proposed alternatives to widening the 405 Freeway presented by OCTA representatives at a previous Council study session, and recommended that the OCTA Board pursue Alternative One or Two, both of which do not include toll lanes. Mayor Pro T em Harper discussed why toll lanes comply with Federal guidelines and his support for the addition of two lanes. He requested that the motion on the floor be amended to specifically support Alternative 2. Mayor Pro Dwyer provided support for Alternative Two. Councilmember Bohr expressed support for keeping Alternative 3 an option, discussed the amount of revenue toll lanes bring in. Mayor Hansen recommended no action be taken at this time to consider additional information that has not yet been presented. He discussed how Measure M, when presented to the voters, 119 Council/PFA Regular Minutes July 16, 2012 Page 15 of 16 did not include information relative to Alternatives Two and Three. He also discussed the project's potential impacts to neighboring cities, and the consensus reached among transit planners that in order for any Alternative to be successful, it must exist in the current right-of- way. · Councilmember Harper voiced support for the infrastructure improvements identified in Alternative Two, but concurred with Mayor Hansen's suggestion to table a decision. Councilmember Shaw voiced concerns about bond issuance and where the funds will be appropriated. A motion was made by Boardman, second Harper to request that the City Council make a recommendation to the OCTA Board that they pursue Alternative Two as described in the EIR for the 405 improvements, amended to include this alternative expands the lanes by two each way without the addition of toll lanes. The motion carried by the following roll call vote: AYES: NOES: Shaw, Harper, Dwyer, and Boardman Hansen, Carchio, and Bohr 22. Submitted by Mayor Hansen -Fireworks -Direct the City Attorney to draft a Charter Amendment to be placed on the November 2012 Ballot approving the sale of California State- Approved Fireworks Mayor Hansen discussed the widespread opinion by those in favor of firework use in Huntington Beach. He opined that a majority of those uncomfortable with their use relate more to illegal, rather than safe and sane fireworks, and his intent to put the decision in the hands of the community. Mayor Pro Tern Dwyer provided support for bringing the item to the voters, and shared his observations of illegal firework use and how it should be considered separately. Councilmember Boardman recognized non-profits being able to raise money through fireworks sales, but also expressed concerns about reduced public safety resources, describing her experience during a 4th of July holiday ride along with fire suppression teams. She opposed the request, stating that Council would not be able to repeal a charter amendment. Councilmember Harper supported the proposal, expressed concerns that some of the complaint calls to public safety officials may be politically motivated, and how fireworks will be used regardless of whether or not their use is legalized. L While Councilmember Carchio supported the use of safe and sane fireworks, he felt the Council should follow through with their pledge to citizens that a two-year pilot program be carried out before placing a charter amendment on the ballot. Councilmember Shaw opposed the proposed Council initiative, and read a written statement prepared by public safety staff about how reduced resources cannot respond appropriately and successfully meet safety obligations. Councilmember Boardman opined that while the holiday seemed to present a smaller amount of problems than in recent years due to cool weather and taking place mid week, the pilot 120 Council/PFA Regular Minutes July 16, 2012 Page16of16 program should be carried out to consider a more true experience. Police Officer Russ Reinhart recognized budget cuts that have placed a burden on resources, but stated the Police Department will always do their best to keep service levels acceptable. He and Councilmember Bohr discussed complaint call volume, and how maximum deployment on July 4 resulted in not enough Officers to respond to calls. Fire Marshall Eric Engberg acknowledged problems and discussed how public safety on this holiday continues to present challenges. City Clerk Flynn reminded Council of election-related deadlines associated with successfully placing the item on the November 6, 2012 ballot. A special meeting will be held on July 23 to meet the deadlines. A motion was made by Hansen, second Harper to direct the City Attorney to draft a Charter Amendment to be placed on the November 6, 2012 Ballot that prohibits the City of Huntington Beach from restricting the sale of California State-Approved Fireworks in any manner that would be inconsistent with our currently approved policies and ordinances. The motion carried by the following roll call vote: AYES: NOES: Harper, Dwyer, Hansen, and Bohr Shaw, Carchio, and Boardman COUNCILMEMBER COMMENTS (Not Agendized) Councilmembers Bohr and Harper reported attending DJM Capital's "Topping Out BBQ" on Tuesday, July 3; Mayor Hansen reported attending the NSSA National Championship on July 3; Councilmembers Harper, Dwyer and Boardman reported attending the Downtown Art Center "Escape from the Landfill" event on July 14; all Council recognized the Fourth of July Board and HB Explorers for a successful Independence Day; Councilmember Boardman wished Eileen Murphy a happy 96th birthday; and, Councilmember Carchio recognized members of the Kiwanis Club, Dave Simcox and Junior Lifeguards for a successful Pancake Breakfast. ADJOURNMENT at 11: 17 PM to the next regularly scheduled meeting of Monday, August 6, 2012, at 4:00 PM in Room 8-8, Civic Center, 2000 Main Stred2n Beach, California. City rk and ex-officio Cler f the City Council of the City of Huntington Beach, Secretary of the Huntington Beach Public Financing Authority of the City of Huntington Beach, California ~~ L If 121 HOMETOWNHEROS BANNER PROGRAM City of Huntington Beach As a joint effort between the City and American Legion Post 133, this program is to honor the contribution and sacrifice of active duty military person with Huntington Beach ties by permitting the uniform display of banners of the serviceperson's name, military photo, and branch of service. Eligibility Requirements: The designated honoree depicted on the banner must be an active duty member of the U.S. Armed Forces or a service person that has given their life in the most recent military conflict; and either current Huntington Beach resident or an immediate family member of a current Huntington Beach resident (parent, sibling, spouse, registered domestic partner, child, grandparent, and grandchild). Banner Locations & Fee: Banners may be displayed on Main Street from Beach Blvd. to 6th Street and Yorktown from Main Street to Florida Street. All banner locations will be determined by the City on a first-come, first-served basis. Banners shall be displayed for one year, at which time the banner will be replaced with another service member's banner and returned to the sponsor. A $160 fee is required for each banner application submitted. Fee includes the production of the banner, installation, and removal. How to Apply: Applications will be accepted on an ongoing basis. For more details and the application information, visit www.huntingtonbeachca.gov/hometownhero or contact the City Manager's Office at (714) 536-5202. ******** ****** ~ 122 Proof of Huntington Beach residency for serviceperson or immediate family (i.e. copy of utility bill or driver's license) Verification of active duty status (i.e. copy of military orders or military ID) Check for a fee of $160 made payable to: American Legion Post 133 (with "Hometown Hero" and serviceperson's name in the note). Additional donation/sponsorship towards the program are welcome. Mail or drop off the completed application along with payment and supporting documents to: City of Huntington Beach If accepted, email a high-resolution digital photograph of the honoree in full military uniform to the email address provided below. It is suggested that the sponsor/applicant provide an official military portrait of the honoree. There must be no additional people or objects in the photo except an American flag in the background. Please complete this application form and submit along with the following: Attn: Hometown Hero Program 2000 Main Street, 4th Floor, Huntington Beach, CA 92648 HOMETOWN HEROS BANNER PROGRAM APPLICATION City of Huntington Beach Please submit the name of the serviceperson as it should appear on the banner, and indicate the branch of service below: Date of Application Submission: _________________________________________________ First Name of Hometown Hero: ___________________________________________________ Last Name: ____________________________________ Suffix (if any): ___________________ Branch of Service (please choose one): Army Navy Air Force Marines Coast Guard Sponsor Name: _______________________________________________________________ Relationship to Hometown Hero: __________________________________________________ Address: _____________________________________________________________________ Phone: _________________________________ Email: _______________________________ [ ] By checking this box, I hereby grant the use of the attached photograph in the Huntington Beach Hometown Heroes Banner Program without payment or other consideration. I take full responsibility that all information provided on this form is accurate and correct. Signature __________________________________ Date: _________________________ Contact or Questions: Sandie Frakes at (714) 536-5249 or by email at sandie.frakes@surfcity-hb.org. • • • • • • 123 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1014 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Chris Cole, Acting Deputy Director of Community & Library Services Subject: Reaffirmation of Huntington Beach’s Sister City Covenant with Anjo, Japan Statement of Issue: Since 1982, the City of Huntington Beach, through the work of the Sister City Association of Huntington Beach, has enjoyed and celebrated great respect and mutual understanding between the peoples of Huntington Beach and Anjo, Japan. The two cities have symbolically acknowledged the formal Sister City relationship through a Sister City Covenant. The Covenant is now over twenty years old and would benefit from reaffirmation. Financial Impact: Not applicable. Recommended Action: Approve and authorize the Mayor and Mayor Pro Tempore to execute a Reaffirmation of the Sister City Covenant with Anjo, Japan. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: On June 7, 1982, the City Council voted unanimously to “sanction and officially recognize” the Sister City Association of Huntington Beach (SCAHB), so as to implement programs to benefit student exchange opportunities between various countries. This action included the adoption of the SCAHB bylaws and to appoint Council liaisons to the organization. Today, the Council liaisons include Mayor Pro Tem Van Der Mark and Council Member McKeon, with staff support from the Community and Library Services Department. The mission of the SCAHB is to enhance life experiences of students and citizens through cultural City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™124 File #:23-1014 MEETING DATE:11/21/2023 exchange and interface with various countries through education and advocacy aimed to empower and meet the needs of a diverse population to understand our changing world. Due to the collaborative efforts between the City and SCAHB, the City of Huntington Beach and Anjo Japan have enjoyed a mutually beneficial cultural exchange program for more than 40 years. One of the ways the two cities symbolically acknowledge their support of the Sister City relationship is to sign and display a covenant in their respective government offices. The current covenant was signed over 20 years ago in 2002 and would benefit from a reaffirmation on this ongoing Sister City partnership. The language of the covenant reads as follows: Upon the celebration of the forty-first Anniversary of the Sister City relationship between the City of Huntington Beach, in the State of California, United States of America and the City of Anjo, in Aichi Prefecture, Japan, we reaffirm our commitment toward a lasting and fruitful relationship. We agree to continue to deepen friendship and mutual understanding through educational, cultural, administrative, and organizational exchanges. We shall continue to promote the welfare of citizens of both cities, holding the firm belief that our efforts will strengthen the ties between Japan and the United States of America, and contribute toward the creation of peace and prosperity in the world. On this day, November 21, 2023, we hereby reconfirm the covenant originally entered in 1982. If the City Council approves the Reaffirmation of the Sister City Covenant, City staff will work with the SCAHB on fully executing the document with all the necessary signatures. Environmental Status: Pursuant to SEQA Guidelines Section 15378(b)(5), administrative activities of governments that will not result in direct or indirect physical changes in the environment do not constitute a project. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Reaffirmation of Covenant 2023 - English City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™125 REAFFIRMATION OF SISTER CITY COVENANT Upon the celebration of the forty-first Anniversary of the Sister City relationship between the City of Huntington Beach, in the State of California, United States of America and the City of Anjo, in Aichi Prefecture, Japan, we reaffirm our commitment toward a lasting and fruitful relationship. We agree to continue to deepen friendship and mutual understanding through educational, cultural, administrative and organizational exchanges We shall continue to promote the welfare of citizens of both cities, holding the firm belief that our efforts will strengthen the ties between Japan and the United States of America, and contribute toward the creation of peace and prosperity in the world. On this day, November 21, 2023, we hereby reconfirm the covenant originally entered in 1982. _____________________________ Motohito Mitsuhoshi Mayor City of Anjo _____________________________ Tony Strickland Mayor City of Huntington Beach _____________________________ Hogara Sugiyama City Council Chairman City of Anjo _____________________________ Gracey Van Der Mark Mayor Pro Tempore City of Huntington Beach _____________________________ Gaku Kamiya President Anjo International Friendship Association _____________________________ Frank Nakabayashi President Sister City Association Of Huntington Beach 126 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1015 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Eric G. Parra, Chief of Police PREPARED BY:Capt. Gaute Svendsbo and Ingrid Ono Subject: Request for use of additional SLESF funds to fund and finalize purchase of a Police helicopter Statement of Issue: Authorize the use of Supplemental Law Enforcement Services Fund (SLESF) monies to fund $500K in costs associated with the delivery of a third and final police helicopter 530F from MD Helicopters, Inc. Funds will be reimbursed into the SLESF account upon the sale of police helicopter N523HB. Financial Impact: Staff is requesting City Council approval to appropriate and utilize $500K to account 98470101 to fund and finalize purchase of the final 530F helicopter. Sufficient fund balance is available in the SLESF Fund to cover these costs. Utilized funds, minus 2.7% broker commission, will be reimbursed to the SLESF account after the sale of N523HB. Recommended Action: A) Authorize the use of an additional $500K in SLESF funds to finalize the purchase of a police helicopter 530F; and B) Appropriate $500K from the SLESF fund balance to account 98470101. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: In June 2021, the City entered into an agreement with MD Helicopters, Inc. (MDHI) to purchase three new MD 530F helicopters to replace the Police Department’s (HBPD) aging fleet of three 520N (Notar) helicopters, at a discounted net price of approximately $8M (after value received from the sale of HBPD’s three 520N helicopters) (See Attachment 1). In addition, MD Australia had offered to purchase HBPD’s inventory of additional 520N parts for approximately $400K. Lastly, MDHI agreed City of Huntington Beach Printed on 11/15/2023Page 1 of 3 powered by Legistar™127 File #:23-1015 MEETING DATE:11/21/2023 to facilitate the sale of HBPD’s existing fleet of 520N helicopters. The agreement outlined the following delivery schedule for the new aircraft: ·1st Aircraft - February 2022 ·2nd Aircraft - April 2022 ·3rd Aircraft - June 2022 Per the contract, the first 530F was scheduled to be delivered 6-8 months after June 2021. In February 2022, one of the three 520N HBPD helicopters (N521HB) crashed in Newport Beach, rendering the helicopter a total loss. Insurance funds were recovered by the City as a result. In June 2022, the second 520N (N522HB) was sold to MD Australia as scheduled per the agreement. In February 2023, the first 530F helicopter was delivered to HBPD. For a variety of reasons, this delivery was approximately 12 months behind schedule. This delay, and the loss of N521HB, necessitated the use of our last 520N (N523HB) for approximately 300 additional hours, thereby diminishing its value from the original estimated worth of approximately $835K. In March 2023, the second 530F helicopter was delivered to HBPD. The third and final 530F helicopter has been ready for delivery since August 2023. However, MDHI is demanding funding and delivery of this helicopter by November 22nd. MDHI states they will seek another buyer if sale is not finalized by that time. We have had the following private offers to purchase the remaining 520N (N523HB) and inventory of additional 520N parts: 1. $470K and nothing additional for the parts. 2. $525K + $80K for select parts 3. $550K without additional parts All of these purchase agreements have been unsuccessful. We have negotiated with MDHI, based on above outlined delays and circumstances, to credit $235K for the entire remaining inventory of 520N parts. In late October, HBPD hired a helicopter broker to procure a buyer and facilitate the sale of N523HB. This broker has procured a Letter of Intent (LOI) to sell N523HB for $500K and is moving forward with inspections and a purchase agreement (See Attachment 2). Based on the current situation and MDHI’s demand for funding the final sale and delivery of the last 530F helicopter, staff is requesting authorization to utilize $500K in SLESF funds to complete that transaction. The SLESF fund will be reimbursed upon the final sale of N523HB, minus 2.7% broker commission. The City currently holds approximately $700k in unencumbered SLESF monies, which can be used for this purpose. City of Huntington Beach Printed on 11/15/2023Page 2 of 3 powered by Legistar™128 File #:23-1015 MEETING DATE:11/21/2023 Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Agreement with MD to purchase 3 MD530F helicopters 2. Letter Of Intent to purchase N523HB City of Huntington Beach Printed on 11/15/2023Page 3 of 3 powered by Legistar™129 Execution Version US-DOCS\133302709.6 Supplemental Agreement to Purchase Order This Supplemental Agreement Agreement as of , 2022, among MDHI offices located at 4555 E. McDowell Road, Mesa, AZ 85215, MD Helicopters, LLC (f/k/a MDH Holdco, LLC) (the Purchaser and the City of Huntington Beach, California Huntington Beach and, together with MDHI and the Purchaser, Party Parties ). WHEREAS, Huntington Beach agreed to purchase three (3) MD-530F helicopters (each Helicopter Helicopters from MDHI pursuant to that certain purchase PurchaseOrder Exhibit A,whichincorporates the pricing, specifications, terms and conditions stated in the Response to Request for Proposal for Police Helicopters, Invitation Number 2021-RFP 2021-0504 attached hereto as Exhibit B; WHEREAS, solely in an effort to assist a valued customer (Huntington Beach) to sell or trade-inseveral usedhelicoptersthat it indicateditno longerneededin light of,amongother things, its anticipated purchase of the Helicopters pursuant to the Purchase Order, MDHI facilitated (but was not party to) a transaction between Huntington Beach and MD Helicopters Australia MDHA MDHI represents is not affiliated in any way with MDHI, pursuant to which MDHA agreed to purchase two (2) used Used Helicopters 1 and additional aircraft 2 MDHA Transaction WHEREAS, in connection with a completely unrelated transaction between MDHI and MDHA, MDHI had received from MDHA the sum of $200,000.00, of which $40,000.00 (the Forfeited Deposit Amoun . MDHI facilitated the sale/trade-in of one of the two Used Helicopters and Huntington Beach received the sums of $480,000 from MDHI (MDHI in turn received the $480,000 from MDHA on or about April 29, 2022) and $160,000 from MDHA on or about June 1-2, 2022, for a total of $640,000. In exchange, Huntington Beach shipped one of the two Used Helicopters to MDHA on or about June 2, 2022. WHEREAS, on March 30, 2022 Petition Date , MDHI and its debtor affiliate Debtors filed voluntary petitions for relief under Chapter 11 of Title 11 of the 1 Although MDHA had originally agreed to purchase a total of three used helicopters from Damaged Helicopter was consummated and, thus, such third helicopter will no longer be sold to MDHA as part of MDHA Transaction. One of the two remaining Used Helicopters was sold by Huntington Beach to MDHA on or about June 1-2, 2022. 2 The Additional Parts consist of both new and used aircraft parts specific to the model of helicopters used by Huntington Beach. The parts include all surplus MD520 NOTAR specific C20R/2 engine (CAE# 295892). The Additional Parts will be inventoried and available at the time of the last helicopter sale and have an estimated value of $400,000. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 to Purchase Order (this '_' ____ ") 1s made October 5 MD Helicopters, Inc. (" "), with " ____ ") (" _______ " each a" "or the" " --- a" ____ " and, collectively, the " ____ ") order dated June 18, 2021 (the" "), attached hereto as __ _ 0504, dated June 15, 2021 (" _____ "), (" ___ "), which is an entity that helicopters (the" _______ ") parts (the "Additional Parts") from Huntington Beach (the " __ _ ____ "); " _________ t") MDHI is currently holding as a forfeited deposit by MDHA (the " _____ ") (collectively, the" ___ ") Huntington Beach, one helicopter was damaged (the" ________ ") before the sale parts in Huntington Beach's inventory, which include Huntington Beach's spare Rolls Royce 130 2 US-DOCS\133302709.6 United States Code, 11 U.S.C. §§ 101-Bankruptcy Code Court administered under Case No. 22-10263 (KBO) Chapter 11 Cases ; WHEREAS, the Helicopters are currently in production and the estimated delivery dates of the Helicopters to Huntington Beach are: (1) October 15, 2022 for the first helicopter; (2) December 2022 for the second helicopter; and (3) January 2023 for the third helicopter. The dates are estimates and are dependent on factors including but not limited to the timing of obtaining FAA certification for the Crash Resistant Fuel System and the timing of Huntington Beach providing any additional customer furnished equipment that Huntington Beach intends to provide to MDHI for installation on the Helicopters prior to delivery (as of the date of this Agreement, Huntington Beach has provided MDHI with most of the customer furnished equipment for the first helicopter, with the remaining customer furnished equipment (consisting of a camera and a search light) expected to be provided by September 2, 2022); WHEREAS, on June 17, 2022, the Court entered an order [Docket No. 377] approving the to the Purchaser pursuant to Section 363 363 Sale WHEREAS, on August 15, 2022, the 363 Sale closed and the Assets were transferred to the Purchaser; and WHEREAS, in light of the closing of the 363 Sale, the Parties wish to clarify and supplement the terms of the Purchase Order as set forth herein. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and sufficient consideration, the receipt of which is hereby acknowledged, the Parties agree as follows: 1. Subject to Paragraph 2, below, the purchase price for each Helicopter as stated in the Purchase Order remains unchanged and, for the avoidance of doubt, such stated purchase price shall remain the purchase price for each Helicopter, regardless of the amount of proceeds, if any, that Huntington Beach receives from MDHA (or other third party) in connection with any sale by Huntington Beach of the Used Helicopters and/or the Damaged Helicopter and/or the Additional Parts to MDHA (or other third party). Nothing contained in the Purchase Order or this Agreement shall require Huntington Beach to sell or trade-in the Used Helicopters or the Additional Parts to MDHI, MHDA or any third party, and the timing of any sale or trade-in of Used Helicopters and/or Additional Parts by Huntington Beach is at Huntington 2. Notwithstanding the express obligations contained in Paragraph 1 (which remain unaltered in any respect), if (a) the MDHA Transaction is completed prior to the date upon which Huntington Beach is obligated under the terms of the Purchase Order to remit payment to MDHI for the first of the three Helicopters and (b) Huntington Beach provides MDHI with a written (via email) acknowledgment that it has received all amounts due and owing to it from MDHA in connection with the sale of the Used Helicopters and/or the Additional Parts, MDHI will, at DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1532 (the " ______ "), in the United States Bankruptcy Court for the District of Delaware (the " __ "), which cases are currently jointly (the" _______ ") sale of substantially all of Debtors' assets (the "Assets") of the Bankruptcy Code (the" ___ "); (the amounts listed as "Section A" purchase prices less the amounts listed as the "1 % Discount" plus any applicable taxes) Beach's sole discretion. 131 3 US-DOCS\133302709.6 Huntingto written election (via email), either (x) reduce the purchase price of the first Helicopter by the Forfeited Deposit Amount against such purchase price) or (y) upon receipt of payment from Huntington Beach for the first Helicopter in the full amount set forth in the Purchase Order, promptly remit funds to Huntington Beach equal to the Forfeited Deposit Amount. For the avoidance of doubt, the Forfeited Deposit Amount shall remain fixed (at $40,000) regardless of the amount of proceeds, if any, that Huntington Beach receives (or does not receive) from MDHA (or other third party) in connection with any sale of the Used Helicopters and/or the Damaged Helicopter and/or the Additional Parts. 3. MDHI represents that the transactions contemplated by the Purchase Order and this Agreement, and amounts paid or to be paid by MDHI to Huntington Beach as part of MDHI facilitating the sale or trade-in of the Used Helicopters and/or the Additional Parts, were approved by MDHI that those aspects of the transactions contemplated by the Purchase Order and this Agreement that have either occurred since the Petition Date and/or remain unfulfilled as of the date of this Agreement, are ordinary course transactions (as that term is used in Section 363 of the Bankruptcy Code) and, thus, pursuant to Section 363(c) of the Bankruptcy Code, were and are authorized to be undertaken without obtaining relief or approval from the Bankruptcy Court. 4. The Parties agree that all payments and monetary and asset transfers made in connection with the Purchase Order and this Agreement, and amounts paid or to be paid as part of MDHI facilitating the sale or trade-in to MDHA of Used Helicopters and/or the Additional Parts, are for reasonably equivalent value and are not subject to avoidance or recovery under any federal or state statutes or on the basis of any legal or equitable theory. 5. Within five (5) business days of the date first above written, Huntington Beach will file a notice of withdrawal or such other pleading necessary to indicate its withdrawal of its proof of claim (claim number 89), filed on July 11, 2022, asserting an administrative claim in the amount of $780,000.00 against MDHI in the Chapter 11 Cases. 6. The equipment listed on Exhibit C hereto Equipment ) is property that Huntington Beach provided to MDHI for installation in the Helicopters. Huntington Beach will provide any additional customer furnished equipment to MDHI for installation on the Helicopters promptly after such equipment is ordered and received by Huntington Beach, and, following shipment of such equipment to MDHI, Exhibit C shall be amended to include such additional equipment. To the extent that Huntington Beach does not purchase one or more of the Helicopters or there is a breach under the Purchase Order or this Agreement, any uninstalled Equipment on any undelivered Helicopters will be promptly returned by MDHI to Huntington Beach. 7. In the event that the Purchase Order and this Agreement are assumed by the Debtors and assigned to the Purchaser under Section 365 of the Bankruptcy Code, the Purchaser will be responsible, upon such assumption and assignment, for all obligations existing under the Purchase Order and this Agreement, including but not limited to all insurance and indemnification obligations. Nothing in this provision or Agreement shall limit or modify the rights of Huntington Beach to seek recovery through applicable insurance policies of MDHI and/or the Debtors related to the Helicopters, the Purchase Order or this Agreement. DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 n Beach's . Further, it is MDHI's view ( and retain the Forfeited Deposit Amount as a "credit" MDHI's (the " ____ " 132 4 US-DOCS\133302709.6 8. This Agreement, together with the Purchase Order, sets forth the entire understanding of the Parties regarding the subject matter hereof and supersedes all prior oral or written agreements between them. The Purchase Order and this Agreement may not be changed, modified, amended, or supplemented, except in a writing signed by both Parties. To the extent any terms of the Purchase Order are not expressly modified by this Agreement, including but not STANDARD TERMS such terms shall remain in full force and effect. 9. This Agreement shall be deemed to have been drafted jointly by the Parties, and any uncertainty or omission will not be construed as an attribution of drafting by either Party. 10. This Agreement may be executed in counterparts, each of which constitutes an original and all of which constitute one and the same agreement. [Signature Page Follows] DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 limited to the "CITY OF HUNTINGTON BEACH PURCHASE ORDER- AND CONDITIONS," 133 IN WITNESS WHEREOF, the undersigned have executed this Agree / en/ as of the date first stated above. � MACO HELICOPTERS, INC. (f/k/a OF HbN:rINGTO MD HE I OPTERS, INC.) � ,, By: __ --="'=-+Jl"-.__�----#�==-1'----­Name: Title: MD HELICOPTERS, LLC By: ___________ _ Name: Title: APPROVED AS TO FORM [Signature Page to Supplemental Agreement to Purchase Order] MDu�Q�J'ERS, LLC By: tJr�tl Pt-�Ulv Brad Pedersen Chief Executive Officer and President 134 US-DOCS\133302709.6 Exhibit A Purchase Order DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 135 � � Date: 06/18/2021 B ranch/Plant: 32140106 Supplier: MD HELICOPTERS INC 4555 E MCDOWELL RD MESA AZ 85215-9734 Order Date: 06/18/021 Delivery Date: 06/18/2021 PURCHASE ORDER City of Huntington Beach (714) 374-1569 / (714) 960-8878 Billing Inquiries: (714) 374-1568 Please send invoices Attn: Account Payable P.O. Box 784 Huntington Beach, CA 92648 Ship To Page: 1 This number must appearon Packages and Invoices 27204-OP CITY OF HB -POLICE DEPT 2000 MAIN ST HUNTINGTON BEACH CA 92648-2702 Buyer: Freight: Terms: TURQUOISE SCOTT Net 30 (Override} Pricing, Specifications, Terms and Conditions all in accordance with RFP 2021-0504. LINE NUMBER DESCRIPTION/SUPPUER ITEM 1.000 2.000 3.000 MD 530F-Helicopter 1 Total Includes Section A: New Helicopter -$3,254,515.00 Section 8: Estimated Sale/Trade-in Value -($585,000.00) Estimated Brokerage Fee - $17,550.00 1% Discount-($24,227.33) Estimated Tax - $252,224.99 MD 530F-Helicopter 2 Total Includes Section A: New Helicopter -$3,254,515.00 Section B: Estimated Sale/Trade-in Value -($685,000.00) Estimated Brokerage Fee • $20,550.00 1 % Discount -($24,227.33) Estimated Tax - $252,224.99 MD 530F-Helicopter 3 Total Includes Section A: New Helicopter - $3,254,515.00 Section B: Estimated Sale/Trade-in Value -($1,235,000.00) Estimated Brokerage Fee -$25,050.00 1 % Discount -($24,227.33) Estimated Tax -$252,224.99 TERMS AND CONDITIONS ON REVERSE FORM A PART OF THIS ORDER QTY UOM ORDERED EA EA EA UNIT PRICE EXTENDED PRICE 0.00 2,915,062.66 0.00 2,818,062.66 0.00 2,272,562.66 Order Subtotal 8,005,688.00 Sales Tax 0.00 Total Order -=====8""''=00=5"-',6=8=8.=0==0 Serena Bubenheim, Principal Finance Analyst City of Huntington Beach DocuSign Envelope ID: B82396AEt~J~~A~-~i~~~6.~~~EC~.., .. 342 Filed 06/13/22 Page 8 of 9 136 Filed 06/13/22 Page 9 of 9 CITY Of HUNTI NGTO N BEACH PURCHASE ORDER-STA NDARD TERMS AND CON DITIONS 1, Issuance of this Fu/c hase Order by City conslltutes acceptance of Suppller"s offer on the terms and conditions.stated herein, unless expressly agreed In writ i ng by the City's Furchasing Division. ond forms a contrac t. 2, Suppliers shipment of goods, commencemen1 of any work, or performan ce of any service shall constilute acceptance by Suppfier of 1his order and all of its terms and conditions. No addilional terms or conditions slated by Supplier in acknowledging or o1herwise accepiing this order shall be binding upon 1he City unless specifically accepted In writing by the City. No oral agree menh shatt be binding unless confirmed by a wl11 fen revision lo this Purchase Order 3 . Cily's obligalion to pay the sum herein sta ted for any one fis cal year shall be contingent upon the City Council opproprio11ng the necessary funds, If l he City Council foils to appropriate the necessary funds for any fiscal year, then the Purchase Order shall !erminate at no additional cost or obllgation to City. 4.Time Is of the esse nce. If al any lime Supplier believes that goods. materials. equipment, suppffes ("item"), labor or servi ces will nol be made as scheduled, supplier shall lmmedlalely give written notice slating the cause of lhe delay lo City, Deliveries must be prepaid, Cl1y will not accept COD shipments. 5.City reserves the light at any time lo make changes in drawings and specifications, in met hods of shipment and packaging, and In place(sj of delivery, If necessary, there will be an equitable adjustment in price and ti me of performance mu tually satisfactory lo Supptier and City; but any claim by Supplier for such an adjustment must be mode in writing within lhirly {30) days after such change, 6, Supplier warrants lhat lhe ilems delivered ond the work or services performed shall confirm to the specifications, drawings, samples or other descrtpflon specified by City and shall be fit and sufficlenl for the purpose Intended, merchantable, at good materials and workmanship, In good working order and free from defect or foully workm anship for o period of at least ninety (90) days. afler delive ry. When defective Items or foully workmanship is discovered, Supplier shall provide all lobar, materials, ports and equipment ta cortect such defect or make such replacement al no expeme to the Cliy. Detective Items not meeting City's specifications shall be held for Supplier's Instructions al Suppller's risk and; If Supplier so directs, will be returned al Supplier's expense, 7, Supplier hereby agrees to protect, defend, indemnify and hold harmless Clly, Ifs officers, elected or appointed officials, employees, agents and volunteers from and against any and oil claims, damages, losses, expenses, judgments, demands and defense costs (lncludlng, without lltnllatlon, costs and fees of lillgotlon of every nature or llab!ttly of any klnd or nature) arising out of or in connection with Supplier's for Supplier's subcontractors, If any) negngent (or alleged negllgent) performance of this Agree ment or Its fa ilure to comply wl1h any of !ls ob!lgo!lot1s contained !n this A greemenl by Supplier. Ifs officers, agents or employees except such loss or damage whi ch was caused by the sole negligence cir wiHftJI misconduct of City. City shall be reimbursed by Suppller for oil costs and atlomey·s fees inc urred by City in enforcing this obligallon. Supplier will conduct all defense at ils sole cost and exp ense and the City shall approve selection of Supplier's counsel. Thls indemnity shall apply to all claims and liability regardless of whether any insurance policies ore applicable. The policy liml ls do nol acl as limilation upon the amoun ! of Indemnification to be provided by the Supplief.( !2/09) 6.Cily reserves the rig h! lo t erminate lhis Purchase Order. or any part of i!, at any li me even though Supplier is not In defou!I. On receipt of no1!ce of lerminotlan, Supplier shall, unless such notic e otherwise directs. immedlalely discontinue all work on the Purchase Order and deliver, if and as directed, to City all completed and parlially completed Hems and work In process. This secflon shail not llmlt or affect the right of City to tem1lna te this Purchase Order immedi ately upon supplier's breach. 1. Clly reserves the right to lermlna le this Purchase Order or any part of ll and reject delivery of items If delivery Is not made when and as specified. Supplier shall be charged for any direc l losses. bul not any consequential damages, susloined by City by reason of such delay or failure, except losses caused by a delay for reasons beyond Supplier's re asonable control. Direct losses shall inc lude any costs to City in excess of the Purchase Order pri ce of obtaining !terns or services from other sources simllar lo !hose termlnaled or rejecled, 10, Supplier shall not subs!llu!e Items withou1 written approval of the Cily Purchasing Agent or deslgnee . 11. All license fees for City's use of patented or copyrighted ilerm for items furnished under this Purchase Order shall be included ln the Purchase Order price, 12, In cases where a price subject to escalation has been agreed upon, all claims for wch price escalo lion mus1 be received by City within sixty (60) days otter date of final shipment. The pric e escalo1lon shall be shown as a seporo li, item an Iha invoice , Unless on escala1or clause has been shown as a specific part of this Pvrchose Order, Supplier shall nol be entl lled lo reimbursement for costs incurred due to esca latlon . 13. All goods and services provided shall comply with the current federal, slate and local laws. Suppffer shall defend, Indemnify and hold harmless City, iis officials, employees and agents from any loss, cl aim, cause of action, llabllity, cost or expense, Including but not limited !o fines, penalties, corrective measures , and attorney 's fees, City may wsloin by reason of Supplier's failure lo comply, 14. Svpp!ier shall ke ep confldenlial and not disclose or use In any way confidential business or technical information that the City may disclose in conjunction wi th !his Purchase Order or Supplier may learn as a resuu at entering Cily properly to deliver ii ems or services or lo perform work hereunder. 15. The Supplier shall not sell, assign or transfer any obligations re sul ting from this Order wl lhout the specific wri !te n consent at lhe City's Purchasing Division. 16. City's re medies herein ore cumula l!ve and addi!lonol to any o!her re medi es of law or In eqully. The waiver of any breach of !his Purc hase Order shall no! be deemed a waiver of any other subsequeni breach, Cl!y 's failure 1a object to provisions contained in any communication from Supplier shall not be deemed on acceptance of such provisions or a waiver of the provisions of this Purchase Order. 17. This Purchase Order shall not be amended, madlf!ed or rescinded, exc ep t by written agreemen1 signed by the p arties and exp ressly referring to thisPurchase Order. Hl, Any Indebtedness of Supplier to City moy, al the City 's o p tion, be credlied a g ainst am□unis owing by cl!y hereunder,19, Su pplier sha ll furnish further l!emlzatlon and breakdown of the Purchase Order pri ce when requested by City. 20. Supplier and Its subcontroc1or(s) shall not discriminate a gainst any p erson Jn the p erformance of this Purchase Order on the basis of ra ce, reli gion, nation al orig in, color, a g e, sex, sexual orientat!on, AIDS, HIV status, handicap or dlsabmty, and shall comply with app licable federal and state e q ual employmen1 opportunity la\<115, ordi nances, rules and re g ulat/ans. 21. Su pplier shall compl y with all a pplicable fe deral, st ate, and local laws, rules, re g ulations and ordinances pertaining to the subject molter hereof, and shall obla!n all necessary licenses and p ermits rela led to !he items. work or servi ces. 22.Supplier, Its employees, and ag ents shall be considered indep endent contractors and not emp loyees or ag ents of Clfy . 23. City 's purchases are bas ed on Its actual needs and re q uirements; Cl!y Is oblig ated to purchase those Items and those q uantities tho! City needs and requires, re g ardless of any estimated quantities p rovi ded to the Supplier. 24.The issuance of 1hls Purchase Order does nol make Supplier the exclusive supplier of If ems or services that are the subject of this Purchase Order. Tl-IE FOLLOWING ADDITI ONAL CONDITIONS APPLY WHEN SU PPLI ER IS TO PERFORM WORK ON THE PREMISES OF CITY . 25, If. during the work, Supplier allows any indebtedness or lien to accrue for labor, eq uipment or materials. which may become o claim ag ainst C!ly, Supplier shall immediately p a y such claim or ln debledness or cause such li en to be dissolved and discharged by giving a bond and, in case of failure lo do so, City may wl lhhold any money due to Supplier un!II such claim, Indebtedness or lien is p aid or may app ly such money toward the discharg e !hereof; or City may, at its option, cancel thfs Purchase Order, lake p ossession and con1rol of i he work, and comp lete the some or cause the same to be comp leted . Supp lier sh all p ay !a City lhe diffe re nce between \he P tJrchase Order pri ce and the actual cost to City in comp leting or causing lhe work to be completed . 26.Supplier shall p erform the work al Supplier's own risk un!II lhe same ts full y completed and accep ted and shall, ln case of an y accident. deslruc!lon or Injury to lhe work or items before final completion and accep tance, re p air or repla ce the work or items so Inj ured, damag ed or destroyed, al Supp lier's own exp ense and to the satfsfoc!ion of City , When items ore furnished by others for lns1oio !!on or erecJion by Su pplier, Supp lier shall receive, unload, s!ore and handle wme al si te and become resp onsible therefore, os thavg h such !terns were being f\Jrnlshed by Supplier under the Purchase Order. 27, lnsurgnce, Supplier shalt comply with the req uirem ents of City 's curre nt Insurance resolution as to g eneral liobiAty, automobile liability, workers compensation and any other product / pro p erl y insuronce req uirements, 09-2 l 94/Tcrms Cond itions PO 09 30 JO.doc12/09 - - 137 US-DOCS\133302709.6 Exhibit B RFP 2021-0504 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 138 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS .. , .. D• -MADE IN AMERICA •" '!' n cs• " 15June 2021 City of Huntington Beach Purchasing 2000 Main Street Huntington Beach, CA. 92648 Subject: Response to City of Huntington Beach Prop.osaf for Police Helicopters Invitation# 2021-0504 Attachments: MDHI_HBPD RFP _2021-0504 Final Head of Procurement, City of Huntington Beach; MD Helicopters, Inc. (MOHi) has a long-standing partnership of 23 years. with the Huntington Beach Police Department (HBPD). MOHi proposes three (3.) MD 530F helicopters for your department, the benefits of which will: •Enabl.e your officers to perform their mission most effectively and safely. •Maintain similar spares and training base as currently used with the MD 520N helicopter. •Provide substantial savings (spares and training). MDHl's roots reach back more than 60 years when, in 1955, Hughes Tool Company, Aircraft Division, first began developing "light helicopters". Today, more than 2,500 aircraft are in service worldwide, serving over 60 police. agencies with over 100 law enforcement equipped aircraft. MOHi is proud to be a proven performer for the Law Enforcement mission. HBPD received their first MD 520N in 1998. Since then aviation technology has grown, the mission has shifted, and aircraft have aged. The new MD 530F is a modern, technically advanced helicopter that continues to serve and protect the public and provide increased levels of safety to its officers. We recognize that you have a no-fail mission, and our helicopters will allow you to meet those demanding requirements. MOHi customizes its aircraft to meet customer requirements and we look forward to working with the HBPD to customize a program that transitions your current fleet of aged MD 520N aircraft to new MD 530F aircraft seamlessly and without loss of aircraft coverage. Summary of Proposal: •Proposal price. Valid for 180 days from date of submission. •Purchase of three (3) helicopters. The MD 530F platform is compliant with all conflgurati.on rec::iuirements set forth per this RFP. 45SSE.MCOOW Et.I.Fl 0AD,M£SA,AZ8SU5 MD HELICOPTERS.COM ".....; This document Includes Information that Is the property of MD Helicopters, Inc. (MOHi). This proprietary Information, In Its entirety" shall not be duplicated, used, or dlsclosed­ dlrectly or Indirectly, In whole or In part-for any purpose other than to evaluate this document. If an award Is made to MOHi as a result of, or In connection with, the submission df this data, the proprietary Information here.In may be duplicated, used, or disclosed Qnlyto the extent required by the resulting contraet. 139 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 •Sale of MD 520N aircraft. MDHI will facilitate the sale of HBPD current fleet of MD 520Ns: -MDHI currently has written offers on all three (3) MD 520N aircraft at retail price {opposed to a lower wholesale price) based on information provided from the HBPD Air Support Unit. -The HBPD flight detachment has already reviewed and found these offers for the aircraft and spares to be acceptable. •5-year Training Package. 5-year training program for pilots and technicians at no cost to the City of Huntington Beach. *Package includes a $50,000 parts credit to be utilized within three {3} years of Contract Award. Cost O•f Mesa Plklt Differences Training at MOHi using MOHi fquipment(3 davs with 3 liight hours Price EA liotaU CliARGE and 8 hours of ground): $ 6,800.00 $ 61,200.00 No Charge 9 PIiots Cost of Mesa T!!Ch Training (Up to 8 students for 2 Notes weeksf: $3,956 for up to a students 12-Students[ $ 4,685.00 $ '1,685.00 No Charge 3 Aircraft would typically equate to training for .3 techs. On Location Recurrent Tralnfng for all pilots - 3 Days Dally A.ate X S days Mt incl:udlng flight, hotel and (S oavs total w/ travell. $ 24,000.00 $ 120,000.00 No Charge tramportaUon Total from Above $ l!l!i,885.00 NoCharge $SOK Parts Credit (To be used over a 3 vr perlool N/A Total lncenti\le Offerings O\ler 5 'l'ear Period $ 50,000.00 No Charge VALi.iE $ 23!i,885.00 NoCharge •Sale of MD 520N specific spares to include spare engine. MDHI will facilitate the sale of the MD520N specific spares and currently has a written offer on all MD 520N spares to include the engine, which is acceptable to the HBPD Flight Detachment. All other MDHI spares can be utilized for MD530FF's. •Discount Points. MDHI offers discount points in the amount of 1.0 if HBPD is willing to provide an upfront payment for the balance due at time of award. •20% discount on parts orders post-delivery {exclusions apply). Benefits of MDHI Proposal to HBPD: The benefits of maintaining an MDHI helicopter platform as opposed to an alternate manufacturer: •Tooling. The vast majority of MD 520N tooling can be utilized on the MD 530F. Using an alternate manufacturer may incur substantial investment in specialty tooling to include the training required to use these tools. •Training. MDHI is offering a 5-year training program for pilots and technicians at no cost to the City of Huntington Beach: HBPD Technicians are extremely familiar and knowledgeable on the MD product line. The vast majority of current platform knowledge is transferable into a MD 530F. The maintenance specific to the MD 530F is covered in a Maintenance Course that will be supplied by MDHI at no charge. Page 2 MOHi Proprietary - 140 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 - HBPD Pilots will receive transition training in an MOHi-suppiied aircraft to perform normal procedures, emergency procedures, CRM, and high-density altitude training. •Inventory. Transitioning into a new aircraft will require a multitude of parts to be In current inventory. Many of the parts on hand within HBPD Air Support will transfer to the MD 530F platform. This represents an additional cost of "'$400K if HBPD were to purchase aircraft from a different manufacture: - MOHi has facilitated the sale of all NOTAR�specific Items from the departing MD 520Ns. -MOHi will provide a $50,000 parts credit to be used within three (3) years of Contract Award. The undersigned is an official representative of MD Helicopters, Inc. (MOHi) authorized to negotiate on behalf of MOHi with the City of Huntington Beach {The City} o.n lnvitati.on # 2021-0504 for Police Helicopters. TMs project will be managed at the MOHi bus.iness address Usted below, which is also the MOHi office nearest to Huntington Beach, California. Company Name: Name of Authorized Representative: Authorized Representative Title: Busine.ss Address: MO Helicopters, Inc. Jason Lindauer Director of Commercial Sales MD Helicopters, Inc. 4555 E McDowell Rd. Mesa, AZ 85215 Jason.Lindauer@mdhelicopters.com Authorized Representatlve Signature: Date: 1S June 2021 Page3 MDHI Proprtet.ary 141 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 TYPE OF APPLICANT: REQUEST FOR PROPOSAL VENDOR APPLICATION FORM □NEW � CURRENT VENDOR Legal Contractual Name of Corporation: MD Helicopters, Inc. Contact Person for Agreement: �Ja=s=on==L=in=d=au=e=r _______________ _ Corporate Mailing Address: 4555 E. McDowell City, State and Zip Code: Mesa AZ 85215 E-Mail Address: Jason.Lindauer@mdhelicopters.com Phone:480-353-658 7 Fax: ---------- Contact Person for Proposals: ;:...;Ja=s-=-on=L=in=d=au=e=r ________________ _ Title: Director of Commercial Sales E-Mail Address:Jason.Lindauer@mdhelicopters.com Business Telephone: ....:..48=0"'---=-3 =--=53"'---=-65:::..c8::...:7 _____ _ Business Fax: ------- Is your business: (check one) 0 NON PROFIT CORPORATION � FOR PROFIT CORPORATION Is your business: (check one) �CORPORATION 0 INDIVIDUAL 0 PARTNERSHIP 0 LIMITED LI ABILITY PARTNERSHIP 0 SOLE PROPRIETORSHIP 0 UNINCORPORATED ASSOCIATION I of2 142 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Names & Titles of Corporate Board Members (Also list Names & Titles of persons with written authorization/resolution to sign contracts) Names Alan Carr Barry Sullivan Chris Jaran Nick Nenadovic ---------------- Title Sole Director CFO coo Sr. VP, Aftermarket Jeffrey Adamcik Deputy General Counsel --�------------- Federal Tax Identification Number: 86-0944088 City of Huntington Beach Business License Number: Phone 480-346-6100 480-346-6201 480-346-6927 480-346-6104 (If none, you must obtain a Huntington Beach Business License upon award of contract.) City of Huntington Beach Business License Expiration Date: 2 of2 143 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Submitted to: Oty of Huntington Beach Purchasln& 2000 Main Street Huntington Beach, CA 92648 Planetblds.com Response to Request for Proposal for Police Helicopters City of Huntington Beach Invitation Number: 2021-0504 MD 530F Helicopter Submitted: 15 June 2021 Response from: MD Helicopters, Inc:. 4555 E Mc:DoWelt Rd. Mesa, AZ SS21S Contact: Jason Undauer, Dir. Commercial Sales (0)480.346.6373 / (M)480.353.6S87Email: Jason.Undauer@mdhellcopters.com MOHi Control No.: MD132041221-HBPD This document fncludes Information thatlsthe property of MO Hencopters, Inc. (MOHi). This proprietary Information, In Its entirety, shall not be duplicated, used, or disclosed-directly or Indirectly, In whole or In part-f,er any purpose other than to evaluate this document. !fan award Is made to MOHi as a result of, or In connection wfth, the submission of this data, the proprietary information herein may be dUPllcated, used, or disclosed only to the el<tent required by the resulting contract. ©2021 MO Helicopters, Inc. 144 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 INTENTIONALLY LEFT BLANK Cf.:9.59 Rev-1 MOHi Control No.: M013204.1221-HBPO Response to City of Hunttngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3) Proposal MO Helicopters, Inc. 15May2021 CF7.2.2.-5 145 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 CONTE.NTS Response to City of Huntl:ngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase f3}Proposal 8. BACKGROUND AND PROJECT SUMMARY .............................................................................. 1 C. METHODOLOGY SECTION ...................................................................... 10; ......................................... ,, ............................................... 2 1)Intent of Spe.cifications ............................................................... , ......................................................... 2 1.1) Section 3, :Scope of Work, Part A. Aitcraft Specifications ....................................................................... 2 L2) Section 3, Scope of Work, Part B. Transfer of Equipment ...................................................................... 4 1.3) Section 3, Scope of Work, Part C. Warranty ............................................................................................. 5 1.4) Section 3, Scope af Work, P·art D. Trainlng ............................................................................................... 6 1.5) Sectian 3, Scape af Wark, Part E. Sale af Existin g Fleet ............................................................................ 6 1.6) Section 3, Scop.e of Work, Part F. Performance Bond ............................................................................. 7 1. 7) Section 3, Scope of Work, Part G. Inspection ............................................................................................. 7 1,8) Section 3, Scope of Work, Part H. Financing ............................................................................................. 7 2)Cl'iE!1nt Satisfaction ........................ " .......... ., ...................................................... ,, .... , ... , ............. ,u,.,11' ..... ., ......... , •.•• " ........................ , ...... u,, ••••••• 8 2 .. 1) Performance Guarantees ....................................................................................................... " ................... 8 2.2) MOHi Project Offlce .................... " ........................................................................................................... 10 2 .. 3)MOHi 'Qualify System." ........................................................ _.. ..................... .,, ......................................................... , ........ , .............................. , ... 10 3)Project Schedule ................................................................................................................................. 11 4}Requirements from City Staff .............................................................................................................. 11 1)Key Staff Quafific::ations ........................................................................................................................... 16 2}MDHJ Qualifications ............................................................................................................................... 16 3)Client References ................. , ......... , ...................... , ..............•.. , .. , ......................... " ........................................ 17 TABLES LIST Table l. Aircraft Equipment Compliance Matrix .................................................................................................. 2 Table 2. Proposed Training Program ................ ., .................... , ................................................................................ 6 Table 3. MD S30FF Performance Spe,clflcatiO'nS .............. ,,,.,. ... ,,nJnnu .. , ................................. \ .............. , ••• , ................... 8 CF-9.59 Rev•l MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 MD Helicopters, Inc. 15May2021 E. QUAUFIQTIONS .................................. ,u, ................................... ., ••••• ~ ............................................... 16 146 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 CF-9.59 Rev-1 MOHi Control No.: M0132041221-HBPO INTENTIONALLY LEFT BLANK Cl-7,2.2-5 ii Res:ponseto City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3)Propesal MO Helicopters, Inc. 15May2021 147 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 B. BACKGROUND AND PROJECT SUMMARY Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3) Prop0$al MOHi offers the MD 530FF as mission-essenti al equipment to the Huntington Beach Police Department to complete all public safety assignments required for the Air Support Unit. The MD 530FF platform is a tool the Air Support Unit wm utilize to provide assistance for ground-based units engaged in all facets of law enforcement while, serving the citizens of , Huntington Beach. MOHi platforms are synonymous with law enforcement agencies as our helicopters are a part of over 60 agencies around the world. The capability, performance, and maneuverability allow the officers to reduce time to target and keep crew coordination, safety, and completion of the mission the top priorities for those in the air and on the ground. MOHi is a "one-stop-shop'' for all of the required resources and the fleet replacement of HBPD helicopters. Project Summary: •The purchase of three (3) MD 530FFs. •Facilitation of the sale of three (3) MD 520Ns -Curre.ntly MOHi has an active offer on each MD 520N: - A three percent (3%) brokerage fee of the total value of aircraft sale will be charged by the MD 520N Buyer at the time of sale. - Offer may differ at time of transfer of aircraft from Seller to Buyer based on time flown between timeframes. •Facilitation of the sale of all NOTAR-specific spares -Currently MOHi has an active order on all NOTAR-specific spares to include the spare engine: - Offer may differ at time of transfer of aircraft from Seller to Buyer based on time flown between timeframes. •Training-At no cost to HBPD: - Initial transition training for up to nine {9) pilots at MOHi facility in Mesa, AZ. -On-site recurrent training (HBPD Facility} for four (4) years for up to nine (9) pilots. -Initial Maintenance Trai ning for MD 530FF Spec.Ifie for up to eight (8) students at MOHi facility. •*Parts Credit* -$50,000 spares credit to be used within three (3) years of Contract Award. Delivery: • First aircraft delivery 6-8 months from Contract Award: -Swap one MD 520N to MD 530FF. •Each subsequent aircraft will be delivered 90-120 days after the previous delivery or as negotiated or required. CF-9.59 Rev-1 MOHi Control No.: MD132041221-HBPD Cl-7,2.2·5 1 MD Heltcopters, Inc. 15May2021 USE OR Ol$ClOSURE OF OATA ON nus PAGE IS SU&JECTTO THE RESTRICTIONS ON THE COVER OFTHIS OOCUMENT, MDHI PROPRIETARY 148 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Ma�Ut --·--� . - •Example delivery and payment schedule below:.... r Jun Jul r ,.,, ... Od N<IV l>t< .,.. Response to City of Huntington Beach RFP for Pol.lee Helicopters Invitation # 2021-0504 Helicopter Purchase (3lProposal f�Of '�•«i�i/fRiiNO'J'M jDilltmybtlkJtP iMds.cond �aUuOl'Mt:Fo Sate«� �-lNrdF 'MilP-' '�41!: 'A/li:lil" Wll'�!jiaffl �""'"�'mrfM-M;jd .. )!IA1 .,....., 'fl'm'"'-"" AlklUfl..,atfllnds r $ -$ �ff tu,000 $ � $ � $ ut,to0 $ fUM:"'Hl ·---Fe • Total�· 'I � r w-.., .... r r • _, R.......,Tobl $ 7;t85,8N r $ z--• !l • -=•t S.18Ufl t • =-!l ..... ,1811 t S.117;1'8 $ IU.H01 )'feet--( 11 • , ,: ...... ,a, . .. It Tot,1! q,=111 •a ; 1 2 2 z 2 2 1 C. METHODOLOGY SECTION 1)Intent of Specifications MOHi will comply with all performance, material, and conformity requirements. 1.1) Section 3, Scope of Work, Part A. Aircraft Specifications Table 1. Aircraft Equipment Compliance Matrix 2 HBPD Alroraft Requirement CompJy MDHI Response YIN Airframe, Extended Landing Gear with Carbide Skid Shoes Yes Airframe, Engine Wash Kit Yes Airframe, Fuselage Hard Points Yes Airframe, Keyed Locks (4) Yes Airframe, Passenger Steps Yes Airframe, Rain Gutter Set Yes Airframe, Heated Pltot Yes Airframe, Rapid Poor Removal Hinges .{Cockpit and Cabin) Yes Airframe, Tinted Canopy Panels Yes Airframe, Tinted OoorJWindow Panels Yes Avionics, Garmin GTX 345R Transponder, APSB In /Out Yes Avionics, (2x} Garmin G500TXi Touchscreen EFIS Yes Avionics, GTN-650H NAV/COM/GPS Yes Avionics, Master Avionics Switch Yes Avionics, L-3 ESl-500, Digital Standby Yes Avionics, PAl-700 Magnetic Compass, Vertical Card Yes Avionics, Howell Electronic Engine Instruments and Crew-Yes Alert System (EICAS) Avionics, ELT, ME-406HM Yes Avionics, Clock/Timer/USB Ports Yes Avionics, Garmin GMA 350H Audio Panel Yes Avionics, Radar Altimeter RA-4500 Yes Documentation, Engine end Airframe Log Books Yes Documentation, Engine Maintenance Manual Yes CF-9.59 Rev01 MOHi Control No.: MD132041221-HBPD Cl-7.2 .. 2-5 2 standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment .Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Standard MD Helicopters, Inc. 15May2021 use OR DISCLOSURE 01' DATA ON THIS PAGE IS SU&JECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MOHi PROPRIETARY ' (~,,,·· ' ' --- ---· """ J --#oltt - • !!,!!!!! • --· ,, :C::t= ,--y "' IL...__ __ _J_ __ l t, ! ,'1: • I .o: I 9 • 2 149 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 HllPDA!reniftReqi.tlttment Comply YIN Documentation, Flight Manual Yes Documentation, Handbook of Maintenance Instructions Yes Documentation, Illustrated Parts Catalog Yes Engine, 60.5 Gallon (229 L) Crash Resistant Fuel System, or Yes 64 Gallon (242 L) Fuel System* Engine, AFS Engine Inlet Barrier Filter Yes Engine, Automatic Engine Re-ignition Yes Engine, Engine Anti-Ice Yes Engine, 650shp (4851<W} or greater Yes Engine, Faoot OIi Filter Yes Fly Away Kit (See Manufacturer's Checklist) Yes Interior, Cabin Soundproofing Yes Interior, Cargo Tie-Down Fittings Yes Interior, Batiflex, Vinyl Flooring (Blue/Grey) Yes Interior, Crew Seats with 4-Polnt Harness Restraint Yes Interior, Dual Command Flight Controls Yes Interior, Fire Extinguisher Yes Interior, First Aid Kit Yes Interior, Fresh Air Ventilation System Yes Interior, Heater Defogger System Yes Interior, Rotor Brake (Removed) Yes Interior, Logbook Compartment Yes Interior, Passenger Seats with 3--Point Harness Restraint Yes Interior, Vinyl and Fabric Cushions Yes Interior, Vinyl Interior Trim Panels Yes Interior, Slant Panel Pedestal Yes Interior, Seat Pan Inspection Panels Yes Interior, Airframe Hobbs Meter Yes Lighting, Cabin Convenience Ught Yes Lighting, Cockpit Utility Ught Yes Lighting, Landing Light, Nose Mounted Yes Lighting, LED Anti-Collision Lights Yes Lighting, LED Position Lights Yes Svstem, 200-Amp starter Generator Yes System, Concorde Lead Acid Battery RG-50017A Yes System,. External Power Receptacle Yes Wire strike Protection System (WSPS) Upper only STC Yes SH1713SO Comfort Windows 2X Cabin, 2X Cockpit, W/Pop-out Vents Yes (Quick Change) Footswitch Dual Rocker G500 TXi HSVT Enablement card CF•9,S9 Rev-1 MOHi Control No.; MD13204122l•HBPD Yes Yes Cl-7.2.2"S 3 Response to City of Huntington Beach RFP for Police Helicopters Invitation # 2021--0504 Helicopter Purchase (3) Proposal MDHI Response Standard Standard Standard Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment standard Equipment Standatd Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Removed standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment standard Equipment Standard Equipment Standard Equipment Optional Equipment Optional Equipment Optional Equipment Optional Equipment MD Helicopters, Inc. 1SMay2021 use OR DISCLOS�E OF DATA ON THIS PAG£JS SU&JliCTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY 150 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 HBPD.Altctaft Rtqulreinent Oernply YIN 2 x TDAP 611 Audio Panels in Cockpit. 1 xAA12S-002 In Yes Cabin W/2 lapel cords {Replaces -GMA350H Audio Panel installation) 21 Gallon Aux Tank STC SH656GL if necessary Yes Samson Plus !anding light with flaShlng function Yes PA LSA400 Sirens System, External with LSC22 Controller Yes &TS-300 Speaker, Recessed Mount COM, Transfer Switch, Cyclic, COM1 Yes NVG Compatible cockpit Interior (NVIS B) Yes Garmin GTR 2258 NVG Yes TDFM 9300 Radio (Provision Only; Radio CFE) Yes LED Cockpif/Cabin Map Lights Yes Paint,. Two Color Scheme Yes MOHi Cargo hook provisions; Onboard Systems TALON LC Yes Hydraulic<Cargo Hook with attachment point, or comparable Interior, Paravion Door Openers, Cabin, STC SH2735NM Yes Raptor Rifle Racks Yes L3 MX-10 System (CFE MX-10 only} Provisions Yes Aerocomputers UC6000 Moving Map System Provisions Yes Night Sun SX16 System (CFE SX-16 Only) Provisions Yes Response to City of Huntington Beach RFP for Polke Helicopters lnvltation # 1021-0504 Helicopter Purchase (3) Proposal MDffl Responn Optional Equipment Optional Equipment-NOTE Fargo 21 tank wlll not be compatible with new Crash Resistant Fuel System. A new auxiliary tank is in development and will be available for the second and third aircraft defiverv. Optional Equipment Optional Equipment Optional Equipment Optional Equipment Optional Equipment TDFM 9300 Radio wiU be supplied by HBPD and provisions will be installed with radio installation .byMDHI Optional Equipment Optional Provisions can be installed. MOHi would suggest a full installation whUe at the factory opposed to HBPD having to disassemble post-delivery. Optional Equipment Optional Equipment Other equipment, wiring and mounts to support the use of the will be required for this installation. Other equipment, wiring and mounts to support the use of the will be required for this installation Other equipment, wiring and mounts to support the use of the will be required for thls installation *Note -The first aircraft delivery will have the 64-gallon main fuel tank installed. Subsequent aircraft (second and third} will have the 60.5 Gallon (229 L} Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code (49 U.S.C.) § 44737 (2018). MOHi will require all Customer Furnished Equipment in a timeline manner while provisions are being installed to properly function check and test associated systems. 1 .. 2) Section 3, Scope of Work, Part 8. Transfer of Equipment MOHi understa.nds and agrees that the City will remove certain equipment from the existing MD 52ON aircraft to be Installed on the new aircraft, as they become available, and that this work effort is not part of this Scope of Work. The equipment to be removed and not included in any outfitting of the new units or sale of existing aircraft is: CF-9.59 Rev-1 MOHi Control No.: MD132041l21-HBPD Cl-7.2.2-S 4 MD HeUcopters, Inc. 15May2021 USE OR DISCLOSURE OF OATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY 151 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 • L3 MX-lOSystem •Aerocomputers UC6000 Moving Map System •Night Sun SX16 System •TDFM 9300 (as stated above in Scope of Work) Respanseta City of Huntington Beach RFP for Pallce Helicopters lnvitatlan # 2021-0504 Helicopter Purchase (3) Proposal MOHi will require HBPD to supply the above equipment in a timely manner to ensure full operation of the systems that have provisions installed. MDHI may suggest having the full instal.1 for certain items (i.e., cargo hook) as opposed to provisions to save on HBPD personnel allocation of time and material. These suggestions may a.lso prevent HBPD from having to re.move critical components and materials from the aircraft to complete the install at the HBPD facility. There may be additional charges required for anything above the basic provisions for the installation of the above referenced items that will be customer supplied. 1.3) Section 3,. Scope of Work, Part C. Warranty The MOHi Warranty for Commercia.l aircraft is for a period of three (3) years upon delivery of the aircraft. MDHl's sole obligation under this New Helicopter Warranty is limited to the replacement or repair (at MDHl1s sole option) of parts, which are determined to MOHl's reasonable satisfaction to be defective within two thousand (2000) hours of operation or three (3) years after acceptance, whichever o.ccurs first. For warranty claims flied within the first year or one thousand ,1000) hours, whichever occurs first, MOHi will pay one hundred percent (100%) of the cost of parts and labor at the current MDHl published labor rate to either in its sole discretion repair or replace the part. For warranty claims filed within the second year or after one thousand (1000) hours, whichever occurs first, MOHi will prorate the cost of the replacement part, or repair at the current MOHi published labor rate, based on the number of months or number of hours in service whichever occurs first, In accordance with the set proration schedule (Refer to Proration Schedule for New Helicopter Warranty). Replacement parts will be serviceable and will have at least the life remaining .of life limited parts, if applicable. Parts covered under this New Helicopter Warranty with a service life of less than two thousand (2000} hours will be prorated based on their published service life. Repair or replacement parts are warranted for the remainder of this New Helicopter Warranty period only. Written notice of a New Helicopter Warranty claim must be provided to MOHi no later than thirty (30) days after the date of discovery of the defect. CF,9.59 Rev-1 MDI-II Control No.: MD1320412U,HliPD c.1-1..:2.2-ss MD Helieopters, lne. 15May2021 VSI! OROlSCLQSURI! OF DATA OJ\4 THIS PAGE IS.SUBJECT TO THE �STRICTIONS ON THE COi/ER OF THIS DOCUMENT. IIIIDHI PROPRIETARY 152 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1.4) Section 3, Scope of Work, Part D. Training Table z. Proposed Training Program Total .am afMeu Pdot.D1ffenancu tnalnmg It MDHI Usl"IM°"'lq ..... tl9day'&wldl Slllghthmm andlhrnnaflfl/lUnd): $ 6,800.00 $ ll,200.00 NoCIHlqa tNaD Oastaf M1s• Tal:hTmning (Upto8JitUdantlfar2 Response to City of Huntington Beach RFP for Police Helicopters Invitation # 202.1-0504 Helicopter Purchase 13) Proposal Not11 waatcs); $8,t!t for uptoi ttudems (2--SlUdlnCS} $ 4,fll.00 $ 4,685.GO HoCINlrte ! Alrcraftwaufd &ypkally equatetotrlinln1 for s tetlll. Oft lDatlon RemffimtTmningfor Ill pilals-S O.y.s Dlllly ble X 5 day'&not lndudlllcflllht,hatel and (SOaystotatw/� $14,000.00 $120,000.00 NoCIHlqa trMSportlltion Totalffom Above . $ 111S,185.00 HoCIHlqa $ S0,000.00 .... TotalhlcendlleOffarmpOVarS.Ynrtellad 1.S) Section 3, Scope of Work, Part E. Sale •Of Existing Fleet MOHi agrees to facilitate the sale of three existing City-owned MD 520N aircraft, FAA Aircraft ID numbers: •N521HB •N522HB • N523HB MOHi wiH work within the parameters of the City's delivery schedule on the sale of the existing MD 520N aircra.ft with the understanding that the transfer of equipment, as defined in Section 3, Scope of Work, Part B. Transfer of Equipment, may take up to two months to complete. *Note -The first aircraft delivery will have the 64-gallon main fuel tank installed. Subsequent aircraft (second and third) will have the 60.5 Gallon (229 L) Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code {49 U.S.C.) § 44737 (2018). MDHJ will req.uire all Customer Furnished Equipment in a timeline manner while provisions are being installed to properly function check and test associated systems. Section 3, Scope of Work, Part B. Transfer of Equipment MOHi agrees to participate In any sales negotiations specific to HBPO parts Inventory for existing MD 52-0N aircraft. CF-9.59 Rev-1 MOHi Control No.: MD13204122l•HBPD Cl-7.2.2-5 6 MD Helicopters, Inc. 15May2021 USE OR t>lSClOSUl!E OF OATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OFTHIS DOCUMENT, MDHI PROPRIETARY $5GI Jlllr1:s <Nidlt tro be.UHd _,. dyr........ MIA 153 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 1.6) section 3, Scope of Work, Part F. Performance Bond Response to City of Huntington Beach Rf P for Police Helicopters Invitation# 2021-0504 Helicopter Purchase ($1 Proposal MOHi requests additional options outside of the performance bond. A performance bond could be of substantial cost, which would then be passed onto the customer (estimated to be in excess of $500,000). If this is only a requirement by the financial institution being used by HBPO to finance the aircraft, MOHi would request additional options. 1. 7)Section 3, Scope of Work, Part G. Inspection MOHi agrees and wekomes the City inspection of our equipment and facilities at a mutuaJly agreed upon time. 1.8) section 3, Scope of Work, Part H. Financing MOHi has offered points of contact for National Bank of Arizo.na and their affiliates. Also, MOHi will offer discount points for full prepayment of the full contract in the amount of 1..0%. CF-9.59 Rev-1 MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 7 MD Helicopters, Inc, 15May2021 US£ OR DISCLOSURE Of l>ATA ON THIS PAGE IS SUBJECT TO THli RESTRICTIONS ON THE COVER Of THIS OOCUMENT. MDHI PROPRIETARY 154 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 2) Client Satisfaction 2.1) Performance Guarantees Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Putchase f3l Proposal Table 3. MD 530FF Performance Specification$ '1110 SSOFF Pelfc,nnance Speclflcationt w/ 64 Gal U-ln Fuel Tank ·�•. . · ·: : . Maximum Cruise Speed, kt (mph) {km/hr] Maximum Permitted Speed, kt (mph) [km/hr] Maximum Range, nm, (ml) [kmJ Maximum Endurance, hr Maximum Rate-of-Climb, ft/min (m/sec) Maximum Operating Altitude, ft (m) Service Ceiling, ft (m) Maximum Hook Capacity, lb (kg} Ro�i/P'���tNil�\incli. Hover-in-Ground Effect (HIGE), ft (m) Hover-Out-of-Ground (HOGE), ft (m) l�!!IJt•··.· "• ., Maximum Takeoff Gross Weight, lb (kg) MGTOW External Load Operations, lb (kg) Empty Weight lb (kg) Useful Load, lb (kg) External Load Operations, lb (kg) Fuel Capacity, lb (kg} CF-9.59 Rev•l MOHi Control No,: MD.132041221-HBPO . ·o��attion . Sea Level ISA 1524 m {5000 ft} VNE at Sea Level Sea Level 1524 m {5000 ft) Sea level , ISA Sea Level Standard Day I.SA +20C day Density altitude ISA . tonttitiln· Standard Day ISA+20CDay Standard Day ISA+20CDay Oo11«itlo1t Normal Category External Load Operations Standard Configuration Normal Capacity 64 gal (2421) .Cl-7.2,2-5 88 . lltl�riaf. 134 (154) 135 (155) 152 (175) 216 (248) 260 (299) 2.2 2,069 2,061 20,000 18,700 2,000 lmpei{af 16,000 14,300 14.400 11,600 lmJttfaJ; 3,1.00 3,750 2,159 1,591 1,509 2,159 403 .. . ••• [248] {250] [282] [400] [482] 2.2 (10.5) (10.5) (6096) (5700) (907) •• (4877) (4359) {4389) (3536) Mttde (1406) (1701) (979) (722} (684) {979) (183) MD Helicopters, Inc. 15 Mayi.02.1 _J I I I --J ~ J -I - -. - ' . i--------i---- ·~~l=, -1r--=-=~ ~ I ' ~ j I -J j - I ' - ' I ==~=~_LJt=_~t=__ ~ -j - - j _J 155 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Hirntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase f3) Proposal .,,.OFFPel'fonnanctSpeclftcatton• wl 60.5 Gal CRFS �f ·~ .. Maximum Cruise Speed Maximum Range Speed ~: ~• - "n cs" Maximum Permitted Speed Maximum Range Maximum Endu.rance Maximum Rate of Climb Maximum Operating Altitude Maximum Hook Capacity .· �F!"Si,���ct2Dfoiwft\cf), In-ground Effect OUt-of-ground Effect '1') cw ~w -WeJgta ·. Maximum Gross Weight MD 530F Empty Weight MD 530F Useful Load ·. Main Fuel Tank; Crash Resistant Fuel System <1> Aux Tank- Row«l'Jilit0 Rolls-Royce Model 250 IV-C30 Gas Turbine Derated Powerfor Reliability and Safety ;,lctofltt� ; Sea Level 1,524 m. (5,000 ft,) 1,524 m. (5,000 ft.) VNe at Sea Level Sea Level 1,219m (4,000ft.) 1,524 m. (5,000 ft.) Sea Level Sea Level,. Standard Day Density Altitude Condft!op Standard Day ISA +20°C Day Standard Day ISA +20"C Day C<inJlfflon Normal Capacity External Load Operations Standard Configuration Internal Load External Load 229 fiter 60.5 gal 125 llter (33 gal.} F .J•n:litlon /·""•"'•· •"'" Rated Power Transmission Rating Max Continuous ftgp:.,,· 'iWdt 113 kt {130 mph) 209kmJhr. 110 kt. (127 mph) 204km./hr. 98 kt. (113 mph) 181 km./hr. 152 kt. (175 mph} 282km./hr. 194 NM (223 mi.) 359km. 218 NM (251 mi.} 404 km. 223 NM (257 mi:) 413km. 2.36hrs. 2.36hrs. 1,031 ft.lmin. 5.2m./sec. 16,000 ft. 41 8nm. 2,.000lb. 907kg lm�l --� 14,280 ft. 4,353m. 12,970 ft. 3,953m. 11,140 ft. 3,395m. 8,750 fl 2,667m. Irn�dal. Meme or ·-:.;. 3,3501bs. 1,519kg. 3i7501bs. 1,701 kg. 1,723 lbs. 782kg. 1,6271bs. 738kg. 2,027 lbs. 919kg. Empty -35.2 lbs. Empty 16kg. Full (Jet A) 447 lbs. Full (Jet A) 203 kg. Empty 56 lbs. Empty25 kg. Full (Jet A) 277 (bs. Full (Jet A) 126 kg. lm�JI Mttri9 650shp 478kW 425shp 313kW 350shp 257kW '1> Endurance will meet the minimum of 2.5 hours with the installed auxiliary fuel system installed with the standard 60.5-gallon crash reslstanttank. CF-9.59 Rev-1 MOHi Control No,: M0132041221-HBPO Cl-7..2.2-5 98 MO Heltcopters, Inc. 15May2021 ---- --- I ' - - I I ' - ' I - 156 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 2.2) MOHi Project Office Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal MOHi will appoint a Program Manager {PM) as the point of contact (POC} for the program. Using a step-by-step approach to identify, understand, resolve and prevent problems or issues, the PM will track all program management, materials, personnel, equipment, facilities, and hardware required to complete the requirements for thls .effort The MOHi PM will be responsible for day-to-day activities, including: •Program planning and program management •Technical oversight (including manufacturing} •Maintaining schedule and cost • Issue resolution •Integrated product team control and communication •Preparation of meeting agendas, presentations and minutes, 2.3) MOHi Quality System MOHi has an established and FAA-approved quality system conforming to AS9100D in al.ignment with IS09001-2015 to verify type design data, regulatory, and contractual requirements throughout the aircraft production process. The quality system is documented and maintained through the Quality Manual procedures, Operating Procedures and Company Instructions. Established documented processes provide consistent and repeatable results, including: •Aircraft records •Aircraft Inspection and final acceptance •Aircraft system and flight testing • Calibration • Configuration control •Control and identification of nonconforming material •Employee training •Engineering design / change • TooUng The quality organization performs quality control/ assurance activities using dedicated inspections and quality engineer personnel. The quality control / assurance activities include: •Supplier quality assurance reviews, audits, and approval •Supplier monitoring of performance and product quality •Supplier quality related resolution •Inspection of raw materials,. parts, assemblies, and aircraft to approved inspection criteria CF-9.59 Rev-1 MOHi Centro! Ne.: MD13204.1221-HBPD CH;2.2-5 10 MD Hellcepters, Inc. 15May2021 157 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Huntlngto.n Beach RFP for PoJlce Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal •Control of nonconforming materials and parts which, when identified, are segregated, documented, dispositioned, repaired, or reworked and re-inspected by authority of Material Review Board System •Nonconforming material trend analysis •Quality requirements and processes creation •Corrective / preventative action program oversight •Qual ity system / process internal audits •Material Review Board oversight 3) Project Schedule The proposed project schedule ls as follows: •Delivery of first aircraft upon completion at MOHi facility-6-8 mo.nths from Contract Award: - Swap one MD 520N to MD 530FF. •Each subsequent aircraft will be delivered 90-120 days after the previous delivery or as negottated or required *Note-The first aircraft delivery will have the 64 gallon main fuel tank. install.ed. Subsequent aircraft (second and third) will have the 60.5 Gallon (229 L) Crash Resistant Fuel System per Title 14 of the Code of Federal Regulations (14 CFR) Parts 27 and 29, and in Title 49 of the United States Code (49 U.S.C.) § 44737 (2018).. NOTE - Schedule is negotiable as required. MDHI will make every attempt to meet customer delivery requirements. 4)Requirements from City Staff MOHi will require all Customer Furnished Equipment (CFE) at the earliest convenience that would not hinder HBPO operations. Provisions will be installed to run CFE items, which will require function checks and tests prior to delivery of the aircraft. MDHI would like ample time to ensure the proper usage and operation of all items. 0:-9,59 Rev-1 MOHi Control No.: MD132041221-HBPO Cl-7,2.2-5 11 MD Helicopters, Inc. 15May2021 158 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 D.STAFFING Peter Bachner Keith Cave Josiah Thomas Resumes are on the following .pages .• CF-9.59 Relf-1 MOHi Centro! No,: MD1320412:U-H8PD Response to City of Huntington Beach RFP for Police Helicopters Invitation # 2021-0564 Helicopter Purchase (3)Proposal Functional Responsibllity Director of Program Operations Program Manager Crew.Chief MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT, MDHl PROPRIETARY Employee Name 159 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS PITTR BACHNER DIRECTOR OF PROGRAM OPERATIONS PROFESSIONAL EXPERIENCE MD Helicopter, Inc. - Mesa, AZ. Director of Program Operations MADE IN AMERICA 2007-Present •Direct the daily activities of program managers on customer focused and Internal Research and Development programs. •Directly managed customer delivery for new production helicopter and major helicopter overhauls. •Responsible for the generation of pricing models. Director of Operations •Oversee daily operations of helicopter production. •Direct activities of plant facilities operations for six manufacturing, administration, warehousing, and aircraft hangar space. •Develop departmental budgets and long-term capital expenditure requirements. •Assure foll.owing of quality procedures and assist in development and implementatio.n of root cause corrective actions. •Drive continuous improvement though engineering design, manufacturing seque.ncing and tooling improvements. Process Engineer •Introduce visual work instructions. •Implement Vendor Managed Inventory (VMI} program for low cost hardware. •Perform line Bafance activities to optimize workflow and achieve schedule attainment. •Utilize Value Stream Mapping to analyze both production workflow and transactional processes. •Developed a series of production metrics to communicate the state of manufacturing operations. Metri.cs: safety, schedule attainment, labor efficiency & cost, quality. •Developed daily labor tracking tool for supervision to analyze productivity and schedule l abor. •Conduct daily production meetings with manufacturing directors and managers to review daily p.roduction issues and schedules. •Responsible for updating part routings and Bill of Materials. EDUCATION Bachelor of Science, Industrial Engineering Pennsylvania State University, State College, PA CF-9.S9 Rev-,1 MOHi Control No,: MD132041221-H8PD Cl-7.2,2-S 13 1997 MD Helicopters, Inc. 1SMay2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECi TO THE R£STRICTIONS ON THE COVER OFTHIS DOCUMENT. MDHI PROPRIETARY 160 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS MADE IN AMERICA PROFESSIONAL EXPERIENCE MD Helicopter, Inc. -Mesa, AZ. Program Manager KEITH CAVE PROGRAM MANAGER 2017-Present Plan, direct, control, monitor and support Programs to en.sure completion within defined cost, schedule, and scop.e objectives. Coordinate between Customer and MOHi Integrated Product Team (IPT}, minimally consisting of Business Development, Engineering, Operatrons, Contracts, Supply Chain, and Finance. •Manage multiple commercial and Military helicopter Programs. •Collaborate with IPT to obtain data for initiation of Programs. •Represent MOHi and coordinate with Vendors at high profile trade shows. •Manage and document Program changes, maintain customer and team expectations. United States Army 1994-2017 Sikorsky UH-60 (S-70) Aircraft Maintenance Supervisor Led, mentored,. and trained Army technicians while supervising scheduled and unscheduled maintenance on UH-60 {S.ikorsky S-70) and CH-47 {Bo.eing Model 234) helicopters. Flew over 1000 hours as a Crew Chief under day/night and NVG conditions. •Lead teams � 60 technicians, supervising component removal, inspection/installation; unscheduled maintenance, routine inspections on UH-60 and CH-47 helicopters. •Trained Soldiers to replace gearboxes, transmissions, rotor hubs, engines, auxiliary power units, rotor blades, stabilators, main landing gear components, fuel system components, electrical systems, ffight control rods, and documented all aircraft maintenance actions using the required maintenance forms. •Trained and enforced OSHA and EPA regulations, shop and fUght-line safety, ensured a clean, safe and healthy work area for all team members. EDUCATION Master of Science,. Project Management 2017 Embry-Riddle Aeronautical University, Daytona Beach, Florida CERTIFICATION ANO AWARDS •Project Management In.satiate Certified Project Management Professional (PMP) •FAA .Airframe and Powerplant {A&P) Certificate number 3628233 •US Army Air Medal CF-9,59 Rev-1 MDHl Control No.: MD132041221-H8PD Cl-7.2,2-5 14 MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUSJECTTO THE RESTRICTIONS ON THE C:OVER,OFTHIS DOCUMENT. MDHI PROPRIETARY i a~. ,. "" -- 161 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 MD HELICOPTERS ti/1,iHlE IN AMERICA PROFESSIONAL EXPERIENCE MD Helicopter, Inc. - Mesa, AZ. Avionics Technician IV JOSIAH THOMAS CREWCHI.EF 2019-Present Install, inspect, test, adjust, or repair avionics equipment, such as radar, radio, navigation, and missile and gun control systems in aircraft. Test and troubleshoot instruments, components, and assemblies, using circuit testers, oscilloscopes, or voltmeters. Beckman Coulter- Brea, CA. 201&-2019 Field Service Engineer Perform troubleshooting, repair, scheduled maintenance and modifications on mechanical and electronic components in laboratory diagnostic instruments. U.S. Navy 2006-2016 Aviation Electronics Technician Performed troubleshooting and repair of RADAR, navigation, communication, and weapons systems for U.S. Navy fighter aircraft. Reco.gnized as a superb leader, quickly promoted and put into management of 12 personnel , reducing backl og by 54%. Worked in quality assurance promoting safety and preventing the occurrence of defects for all departments in the division. Earned Navy/ Marine Achievement medal for outstanding leadership. EDUCATION United States Navy Lake Powell School, Utah CERTIFICATION. AN.D AWARDS • MD Helicopters, 06/2020 2006-2('116 2000 Delegation of inspection authority (limited). Limited delegatio.n of Inspection authority for strip, crimp, solder, and inserts for production. •Center for Naval Aviation Technical Training, Aviation Electronics, 04/2007-06/2011 F/A:·18 AVfonlcs System Career Organizational Maintenance (2011) F/A-18 Avionics System Initial Organizational Level Maintenance (2007) F/A-18 Wire Bundle and Connector Repair (2007) •Tinker Air Force Base Training Center, Aviation Electronics, 10/2006 Aviation Electronics Technician Organizational Level •Center for Surface Combat Systems, Electronic Fundamentals, 06/2006 Organizational Apprentice Technical Training CF-9.59 Rev-1 MOHi Control No.: MD13'2041221-HBPO Cl�7.2.2-S 15 MD Helicopters, Inc. 1SMay2021 USE OR Ols<:l0$URE OF DATA ON THIS PAGE IS SUliJl:CTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY 162 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 E. QUALIFICATIONS 1) Key Staff Qualifications Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase Ill Proposal MOHi, as the aircraft OEM, employs a dedicated team of highly qualified personnel with years of experience in engineering, configuration management, accident investigations, program management, manufacturing, and supply chain functions for both Direct Commercial and U.S. Military co.ntracts. MOHl's Engineering Department i:S second-to-none for the MD 530F rotary wing aircraft with capability to support Depot Level repairs, sustainment engineering, aircraft modification engineering, component overhauls and technical data is manifest in our expertise and knowledgebase as exhibited over the last 60+ years. To maintain our worldwide fleet of helicopters, MOHi has a dedicated.Afte.rmarket work force, the MD Wolfpack, which consistently performs and advises on the repair of all of MDHl's aircraft globally. The MD Wolfpack team travels the world performing modifications, inspections, training, and delivery of MOHi aircraft. As part of the Program Management process, MOHi uses a step-by-step approach to identify, understand, resolve and prevent any problems or issue.s. The MOHi Program Manager has the knowledge and authority to resolve any problems and implement corrective actions. should the need arise. MOHi will engage highly proficient engineering, program management and technical resources skilled in all tas.ks outlined in the City's Scope .of Work. See Section D, Staffing for MOHi key personnel that wfll support the City's project for Police Helicopters. 2) MOHi Qualifications MOHi has a long and storied history as the Original Equipment Manufacturer (OEM) of commercial and military aircraft for hundreds of customers around the world. MOHi users rely on MOHi aircraft's superior reliability, ruggedness, ease of operation and low operating costs. For over 60 years we. have introduced industry .advancements and innovations specifically targeted to keep o.perators safe, while empowering customers with the increased capabilities, greater mission versatility and superior performance needed to execute a broad range of mission profiles, including training, military combat operations, law enforcement, and commercial/leisure applications. The MOHi family of heli.copters includes commercial and military variants of our MD 500 Series helicopters-designed specifically to supply speed, safety, agility and the ability to operate with ease In confined spaces-as well as a fleet of technologically advanced NOTAR® helicopters, like the single engine MD 520N and the twin engine MD 902 Explorer. MOHi aircraft are manufactured and assembled at our Mesa, AZ production facility. MOHi is an FAA-certified production facility and has an established, FAA-approved quality system conforming to AS9100D in alignment with 1S09001-2015. MOHi has extensive CF-9.59 Rev--1 MOHi Control No.: MD132041221-HBPD Cl-7.2.2-5 16 MD Helicopters, Inc. 15May2021 163 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Response to City of Huntington Beach RFP for Police Helicopters Invitation # 2021-0504 Heltcopter Purchase f3l Proposal experience integrating new technolo.gies onto existing rotorcraft, subsequent FAA certification and the Army Airworthiness Release. (AWR} process. Customization of commercial derivative aircraft is accomplished in the MOHi Completions Center, which operates under FAA Repair Station Ucens.e Part 145. MOHi maintains the following certifications, copies of which are available upon request: •FAA Production Certificate Number 715NM •Type Certificate No. H3WE •Repair Station -Air Agency Certificate No. M82R545V •MDHI Management System Certificate (AS91000 Certification) MOHi continues to invest heavily in Research & Development (R&D) for all of our aircraft. The integration of next generation technologies, and the incorporation of Innovative design and manufacturing processes are enabling MOHi to grow our position within the aviation industry. MOHi ls currently fulfilling contracts for MD 530F aircraft for use around the world. 3) Client References Our customer relationships are one of MDHl's greatest assets, and we welcome the opportunity to have our customers discuss with the City their experiences working with MOHi. We are happy to coordinate this activity with the City .if needed. MDHI CONTACT INFORMATION: Name: Jason Lindauer Title: Director of Commercial Sales Office: 480.346.6373 / Mobile: 480.353.6587 Email: Jason.lindauer@mdhelicopters.com MOHi has provided three client references for law enforcement operational missions. Gwinnett County Police Department Gwinnett County Polfce Department 770 Hi Hope Road Lawrenceville, GA 30043 Richard King, Captain -Aviation Unit 0: (770) 285 2555 Rlchard.King@gwinnettcounty.com Project Description: The Gwinnett County Police Department fleet includes three MD 530F aircraft. Project Start. 114/2018 / Project End: 8/14/2019 CF-9.59 Rev.-:1 MOHi Control No.: MD13.2041221-HSPD Cl-7.2.2.•5 17 MD Hellcopters, Inc. 15May2.021 164 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Mesa Police Department Mesa Police Department 5110 E. Falcon Drive Mesat AZ 8.5215 Randy Wilson, Administration 0: (480) 844-4344 Randy.wilson@mesaaz.gov Response to City of Huntington Beach R.FP for Police Helicopters Invitation # 2021-0504 Helicopter Purchase (3) Proposal Project Description: The Mesa Police Department fleet includes two MD 500E aircraft and one MD 530F aircraft. Project Start: 5/19/2014 J Project End: 6/25/2015 Las Vegas Metropolitan Police Department Las Vegas Metro PD 3600 Thunderbird F,eld Rd N. Las Vegas NV 89032 Sgt. Steve Morris, Chief Pilot (702) 828-0153lvmpd.com Project Description: The Las Vegas Metropolitan Police Department fleet includes three MD 530F aircraft. Project Start: 4/27/2015 / Project End: 10/15/2015 CF-9.59 Rev-1 MDHI Control No.: MD132041221-HBPD Cl-7.2.2-5 18 MD Helicopters, Inc. 15May2021 165 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 F.FEE PROPOSAL Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021�0504 Helicopter Purchase (3l Proposal Pricing Schedule Section A: New Helicopter lttUtJ .\ Ne>. Qty .WM D.es�riptit>n 1 3 EA Aircraft 2 3 EA Options 3 1 -Engineering 4 3 EA Mission Equipment 5 0 -Flight and Maintenance Training 6 1 -Parts Credit Section B: Sale/Trade-in Valuation Item No. Qty. U/M Dt$0rfption 1 1 EA Sale/Trade-in Valuation (1998) 2 1 EA Sale/Trade-in Valuation (2001) 3 1 EA Sa.le/Trade-in Valuation (2007) 4 LS Misc. Inventory/Parts CF-9.59 Re,H MDHI Control No.: MD1a2041221-HBPD Cl-7.2.2-5 19 Cost Each $2,950,000 $554,406 $59,943 Sub-Total {$250,000) $185,885 ($50,000) TOTAL SECTION A: Val.uation $585,000 $685,000 $835,000 $400,000 TOTAL SECTION B: Ex.ten.ion $8,850;000 $1,663,217 $59,943 $10,573,160 ($750,000) $0 ($50,000) $9,7&3,54E Extension $585,000 $685,000 $835,000 $400,000 $2,505,000 MD Helicopters, Inc. l5May2021 USE OR OISCLOSURE OF DATA ON THIS PAGE ISSUSJECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY - • --111,--i I -- I I I ---' j i I J_ -l l I l l - -' J_ _J _J i i I , I I I -' J l j'_ L _J -J I j 1_ J - I I L__ _L_ -- 166 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 NET COST: Total Section A Total Section B (-) $9,763,546 $(2,505,000) Brokerage Fee $63.150 Additional 1% Discount (-) $(72.682} *Estimated tax on the gross total of $9,763,546 *$756,674 Net Cost $8,005,688 Response to City of Huntlngton Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase {31 Proposal Please note, brokerage fee to be paid to MD Helicopters Australia at the time of sale of the currently owned MD520N's. Each will be sold individually per the example chart on Page 2, Section B, Delivery Schedule of this proposal. The chart is only an example and is solely used to reflect a model and timeline that could be used. Each new aircraft sale of the MD530F's to Huntington Beach Police Department will be individually invoiced at the time of delivery. The sum of funds.from previously sold aircraft and budgeted RFP funds will net $3,230,288. The projected sales total of section B is $2,505,000 with an estimated brokerage fee of $63,150 to be paid to MD Helicopters Australia which have a net remainder of $2,441,850. *Estimated California taxes are $756,674. This is calculated at 7.75% of the gross amount of $9,763,546. There may be possible tax exemptions and/or state and local government requirements. Buyer Is encouraged to engage in legal tax representation to review these possible exemptions. If CUSTOMER claims tax exempt status, CUSTOMER will so indicate and will provide MOHi with a copy of an exemption certificate acceptable to the ref evant taxing authority prior to delivery. CF-9.59 Rev--1 MOHi Control NO,! MD132041221-HBPD Cl-7,2,2·5 19 MD Hellcopters, Inc. 15May2021 USE QR OISCLQSURE QF DATA ON THIS PAGE ISSUBJECTTO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDHI PROPRIETARY 167 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 Pricing Summary-Breakouts Ai�raft Build Pricing Summary Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (31 Proposal O.acrlpflon Price Quantity Extended Price Aircraft $2,960,000 Options $551,201 Engineering $59,943 Sub-Tot.al 1: ;. .; · .. - .\ :· I• Mi.ssion Equipment Discount ($250,000} Flight and Maintenance Training $1.85,885 Parts Credit ($50,000) Total La)N Efffotetrnent Configuration ltems Deaoripflon Wire Strike Protection System (WSPS) Upper only STC SH1713SO Comfort Windows 2X Cabin, 2X Cockpit, W/Pop-out Vents (Quick Change) Footswltch Dual Rocker G500 Txi HSVT Enablement Card 2 x TDAP 611 Audio Panels in Cockpit, 1 x AA 12S-002 in Cabin W/2 lapel cords (Replaces GMA350H Audio Panel installation) 21 Gallon Aux Tank STC SH656GL Samson Plus landing light with flashing function PA LSA400 Sirens System, External With LSC22 Controller &TS-300 Speaker, Recessed Mount COM, Transfer Switch, CycllcJ COM1 CF-9.59 Rev:-1 MOHi Control No •. : MD132041221-HBPO Touch Labor $10,447 $1.672 $1 1393 $0 $8,358 $11,144 $1,393 $6,408 $1,114 Cl-7.2,2-5 20 Material $25,342 $10,549 $74 $9,224 $22,091 $23,077 $2,855 $15,691 $23 3 3 1 .· 3 0 1 $8,850,000 $1,663,603 $59,943 $10,563.�46 :. I• ($750,000) $0 ($50,000} $9,763,546 Englnetring Total Labor $0 $35,789 $0 $12,221 $0 $'1,467 $0 $9,224 $0 $30,449 $0 $34,221 $0 $4,248 $0 $22,098 $0 $1,137 MD Helicopters, Inc. 15May2021 USE OR DISCLOSURE OF DATA ON THIS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE COVER OF THIS DOCUMENT. MDKI PROPRIETARY 168 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DBODFEC9 Law Enforcemtnt configuration ltttms Description NVG Compatible cockpit interior (NVIS B} Garmin GTR 2258 NVG TDFM 9300 Radio TDFM 9300 Radio Installation (Provisions) Aircraft Interior, Mesh Seats, black, 2X cockpit 1x Bench Fargo Compatible 369H90040-519* MOHi Monitor Mount MB12 Aero Computer UC6000 Mapping System withAK-4.S keyboard, MB12 Monitor, Customer Furnished UC 6000 W/8130 (Provisions) MOHi Left Side Mount NlghtSun SX-16 Enhanced (Provisions) MOHi Right Side Mount with provisions for MX-10 LED Cockpit/Cabin Map Lights Paint, Two Color Scheme Provisions Car90 hook provisions; Onboard Systems TALON LC Hydraulic Cargo Hook with Attach Point Interior, Paravfon Door Openers, Cabin, STC SH2735NM Raptor Riffe Racks ., .. .. . ; .. ·.· ·. �·• ..... ; .. · .. Per Ship Engineering CF-9.59 Rev-1 . . MOHi Control No.: M0132041221-HBPD Touch Labor $8,358 $2,786 $0 $4,179 $27,860 $6,965 $6,.965 $6,965 $8,358 $1,114 $23,209 $6,826 $836 $836 $147,184 Cl-7,2.2-5 21 Material $86,126 $6,025 $0 $9,505 $76,744 $758 $70,563 $2,275 $18,471 $1,617 $3,628 $17,164 $659 $1,556 . .· $404,017 Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helfcopter Purchase (31 Preposal Engineering Total Lab.or $11,239 $105,724 $0 $8,811 $0 $0 $14,049 $27,733 $0 $104,604 $0 $7,723 $14,986 $92,513 $0 $9,240 $19,669 $46,498 $0 $2,731 $0 $26,837 $0 $23,990 $0 $1,495 $0 $2,391 ·.• $551,201 $59,943 $59,943 MD Helicopters, Inc. 15May2021 USE OR 0150.0SURE OF OATA ON THIS PAGE.IS SUBJECTTO THE Rl!STRICT!ONS ON TI-IE COVER OfTHIS DOCUMENT. MDHI PROPRIETARY ------- 169 DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 CF-9.59 Rev-1 MOHi Control No,: MDl.32041221-HBPO INTENTIONALLY LEFT BLANK Cl-7.2,2•5 22 Response to City of Huntington Beach RFP for Police Helicopters Invitation# 2021-0504 Helicopter Purchase (3) Proposal MD Helicopters, Inc. 15 May2021 USE Oft DISCLOSURE OF DATA.ON TtttS PAGE IS SUBJECT TO THE RESTRICTIONS ON THE covatOF THIS DOCUMENT. MOHi PROPRIETARY 170 US-DOCS\133302709.6 Exhibit C Equipment 1. L3MX-10 IR camera 2. Spectro Lab search light 3. Technisonic Radio 4. Aerocomputers moving map system DocuSign Envelope ID: B82396AE-A386-4BA9-B1 F2-7436DB0DFEC9 171 LETTER OF INTENT From: Ferguson & Sons Construction 5225 Butte Rd Emmett ID 83617 To: The City of Huntington Beach Nov I, 2023 Re: Letter of Intent to purchase aircraft: MD Helicopters Inc SOON, Serial Number LN I 05, year of manufacture 2007, N523HB Ferguson & Sons Construction, or its assignee hereby issues their Letter of Intent of their offer to purchase the above referenced aircraft for the amount of Five Hundred Thousand Dollars ($ 500,000.00) U.S. Dollars, subject to the following: I. This offer is for the aircraft, as is, where is; 2. The aircraft shall be in ai1w011hy condition at the Seller's expense, as follows: A. With all systems and avionics functioning normally and in accordance with the manufacturer's recommendations. B. With all records, consecutive logbooks, flight manuals, STC's and maintenance records from the date of manufacture, including manuals and wiring diagrams. C. With all accessories to the aircraft in owner's possession, if any. D. Free and clear of all liens or encumbrances. 3. The Buyer shall have the right to conduct an initial "prebuy" at a mutually agreeable time and location, which may include, but is not limited to, a visual inspection of the aircraft with some disassemble to verify Serial numbers and condition or the Aircraft and Engine. A flight to perform a power check and verify the engine is making power. Buyer shall have the right after the "prebuy" to accept the aircraft and continue to a formal Purchase Agreement or reject the aircraft. 4. This Letter oflntent shall be valid until November I 0 11 , 2023, at 5:00 p.m. Mountain Standard time (USA). 6. That all terms and conditions of this Letter of Intent are to be held in strictest confidence and should not be disclosed to any other person by either party without written approval from the other. 7. This Agreement is subject to and will be interpreted in accordance with the laws of the United States of America, California, USA. 172 8. $ 500,000.00 Sale Price THE UNDERSIGNED H EREBY WARRANT AND AGREE THAT THEY HA VE THE AUTHORITY TO EXECUTE THIS AGREEMENT. THIS SHALL BE A BINDING AGREEMENT WITH BOTH PARTIES ACKNOWLEDGING AN ___ ANGES TO THIS AGREEMENT MUST BE IN WRITING. ~ r~J't,, (Buyer) tr._1_11_[;/22_0_2_3 _____ (Date) H \ b f z_,,3 (Date) -~-------- 173 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-961 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Steve Bogart, Senior Civil Engineer Subject: Adopt Resolution No. 2023-56 ordering the Summary Vacation of an easement over a portion of Third Street in the City of Huntington Beach Statement of Issue: The property owners at 302 3rd Street request that the City adopt a Resolution to summarily vacate a portion of excess right-of-way along their property’s 3rd Street and Olive Avenue frontages (Attachment 1), pursuant to California Streets and Highways Code Section 8334(a). Financial Impact: No funding is required for this action. Recommended Action: A) Adopt Resolution No. 2023-56, “A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an easement over a portion of Third Street in the City of Huntington Beach,” (Attachment 1); and B) Instruct the City Clerk to record Resolution No. 2023-56 and the respective, attached exhibits with the Orange County Recorder. Alternative Action(s): Deny the recommended actions with findings for denial. Analysis: On November 14, 2019, an easement for street and public utilities purposes (the “easement”) was dedicated to the City of Huntington Beach (Attachment 2) by the owners of an adjacent redevelopment project located at 302 3 rd Street. This dedication is a typical requirement of significant projects where a certain development threshold is exceeded and the Municipal Code for exactions and dedications is triggered. The easement area in question is situated at the corner of 3 rd Street and Olive Avenue and was requested by staff in the event the City would need the additional right-of- City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™174 File #:23-961 MEETING DATE:11/21/2023 and Olive Avenue and was requested by staff in the event the City would need the additional right-of- way in the future to increase the curb radius and improve traffic circulation. As the property was redeveloped and the new residential structure became closer to final occupancy, it was discovered that a portion of the front yard landscape improvements (i.e. planter and patio walls) were inadvertently built in the easement area. Subsequently, the owners of the Property asked that staff re-evaluate the need for this additional right-of-way before undertaking the costly task of removing and rebuilding their private improvements. After careful consideration and evaluation of the need for potential future expansion of this intersection, staff determined that the easement will not be necessary for any future public utility, pedestrian or vehicular circulation and that the improvements may remain in place pending an approval of a Summary Vacation by City Council. Staff has determined that the result of vacating this portion of the easement will not have a detrimental impact to any future public access, public services nor to public infrastructure. Pursuant to Government Code Section No. 65402, upon the City’s vacation of this portion of the easement, the rights to the land will revert to the underlying fee title owner of the property. On July 25, 2023, the Planning Commission approved General Plan Conformance No. 23-002 (Attachment 3), finding that the proposed Summary Street Vacation of the easement conforms to the goals and policies of the City’s General Plan. Unlike the General Street Vacation process, the Summary Street Vacation process neither has public noticing requirements nor 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 effectuate the street vacation. Public Works Commission Action: Not required. 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: Non Applicable - Administrative Item Attachment(s): 1. Resolution No. 2023-56, including Exhibit A Plat Map and Legal Description (Vacation of Right- of-Way Easement) 2. Easement Deed offering the subject easement dedication to the City of Huntington Beach 3. Planning Commission Notice of Action - General Plan Conformance No. 23-002 4. Presentation City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™175 RESOLUTION NO. 2023-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VA CATION OF AN EASEMENT OVER A PORTION OF THIRD STREET IN THE CITY OF HUNTINGTON BEACH WHEREAS, the City Council of the City of Huntington Beach wishes to summarily vacate a portion of an easement over Third Street in the City of Huntington Beach because the subject easement has been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation or for public utility access; and A General Plan Conformance No. 23-002, to determine whether the subject vacation request conforms to the City's General Plan, was approved by the City Planning Commission on July 25, 2023. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: 1. Pursuant to Division 9, Paii 3, Chapter 4 of the California Streets and Highways Code, commencing with Section 8333, the City Council of the City of Huntington Beach hereby orders the summary vacation of a portion of an easement over Third Street in the City of Huntington Beach and more particularly described on Exhibit A attached and incorporated herein by this reference. 2. The City Council does hereby confirm that the portions of the easement herein vacated have been determined to be excess right-of-way by Public Works staff and is not needed for future vehicular or pedestrian circulation and that there are no other public facilities located within the pmiions of the easements. 3. The City Council hereby declares that from and after the date of the recordation of this resolution that the portions of the easements herein identified shall no longer constitute public service easements. 21-9329/244978 176 Resolution No. 2023-56 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: APPROVED AS FORM: City Manager ITIATED AND APPROVED: Director of Public Works 2 3-13596/321665 2 177 SHEET 1 OF 1 PLAT VACATION OF PUBLIC-RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH, ORANGE COUNTY, CA. JUNE 7, 2023 SITE ADDRESS: LEGEND: 302 3rd STREET HUNnNGTON BEACH, CA.. 92648 PROPERTY OWNERS: JON JENNISON AND DENICE JENNISON 120 11th STREET HUNnNGTON BEACH, CA 92648 (714) 357-4619 20· JO' l.S. ·.6.50'· 3' 6.50' · 3' !QJ··. -10' INDICATES AREA TO REMAIN AS PUBLIC RIGHT-OF-WAY. (2' X 2' CORNER CUTOFF} INDICATES AREA TO BE VACATED BY CITY OF HUNnNGTON BEACH EXIST. CONCRETE EXIST. LANDSCAPE EXIST. 1' HIGH WALL EXIST. 2.5' HIGH WALL EXIST. 1' HIGH WALL (TO BE RELOCATED PFEPAFED BY: EMERALD ENGINEERING 18600 MAIN STREET, SUITE 160 HUNnNGTON BEACH, CA 92648 L.S. 4683 &-wAMk DONALD G. BAKER (714) 848-4551 OUT OF PUBLIC STREET RIGHT-OF-WAY} · .. 20·: · · · ... PROPERTY LINE 3 STORY HOUSE 302 3rd ST. LOT 2, BLOCK 302 A.P.N. 024-164-34 · · ·tx1s_r. : R/W . . . . . . . . H._C. ·RAMP-.✓· AIR "VAC _.. · .. b · CABINET ·. ·. ·. - :TOP~S;G~C! ._.0 PRK'G.·_~ETE~· :·_ SIDEWALK ·. ·· ~- ... ~ P~K;G .. SIG; .• ... EXIST. C. & G. ct_ OLIVE AVE. 178 SHEET 1 OF 1 LEGAL DESCRIPTION: THAT PORTION OF LOT 2, BLOCK 302 OF THE HUNTINGTON BEACH TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STA TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK J, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: THAT PORTION OF SAID LOT 2 LYING OUTSIDE A CURVE HAVING A RADIUS OF 15.00 FEET, CONCAVE TO THE EAST BEING TANGENT ON THE NORTHEAST TO THE NORTHWESTERLY LINE OF SAID LOT 2 AND TANGENT ON THE SOUTHEAST TO THE SOUTHWESTERLY LINE OF SAID LOT 2. EXCEPT THAT PORTION OF SAID LOT 2 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT 2; THENCE NORTHEASTERLY 2.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT 2; THENCE SOUTHERLY TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 2 DISTANT 2.00 FEET SOUTHEASTERLY OF SAID NORTHWESTERLY CORNER; THENCE NORTHWESTERLY 2.00 FEET ALONG SAID SOUTHWESTERLY LINE TO THE POINT OF BEGINNING. CONTAINING AN AREA OF 46 SQ. FT., MORE OR LESS. PREPARED BY: EMERALD ENGINEERING 18600 MAIN STREET, SUITE 160 HUNTINGTON BEACH, CA 92648 #~4'czMv t:/i/tot!~ DONALD G. BAKER DA TE L.S. 4683 179 RECORDING REQUESTED BY CITY OF HUNTINGTON BEACH and when recorded mail to: Recorded in Official Records, Orange County Hugh Nguyen, Clerk-Recorder City Clerk II I I II Ill 111111111111111 II NO FEE * $ R O O 1 1 2 7 6 7 6 5 $ * City of Huntington Beach P.O. Box 190 Huntington Beach, Ca. 92648 2019000454179 3:24 pm 11/14/19 9 401A E01 3 0.00 0.00 0.00 0.00 6.00 0.00 0.000.000.00 0.00 AP No 024-164-30 EASEMENT DEED I HEREBY DECLARE THE DOCUMENT TRANSFER TAX IS $ ___ -0~~-CONSIDERATION IS LESS THAN $100.00. THE TAXIS: L VALUE OF PROPERTY CONVEYED OR, Thil doCllfflMt II IOlely for the offlcill b.alr 111 of the City of Hwltlnown I II ctt, -contemplMed under Goven ... it Codi Sec. 2738! and lhoulctbe NCOfded ,,_ of charge. ---- COMPUTE C UTE V AL~E LESS LIENS AND ENCUMBRANCES REMAINING AT TIME OF SALE I B 1"vllLANI -Cff':{ OF HUNTINGTON BEACH SIGNATURE OF DECLARANT OR AGENT-FIRM NAME FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, JON JENNISON AND DENICE JENNISON, AS CO-TRUSTEES OF THE JENNISON TRUST, DATED JUNE 9, 2016 does hereby GRANT to the CITY OF HUNTINGTON BEACH, a municipal corporation, a perpetual ease1nent and right of way for street and public utility purposes in, on, over, under and across all that real property in the CITY OF HUNTINGTON BEACH, County of Orange, State of Califon1ia, described as follows: THAT PORTION OF LOT 2, BLOCK 302 OF THE HUNTINGTON BEACH TRACT, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, ST A TE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 36 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: 1. THE SOUTHEASTERLY 2.50 FEET OF SAID LOT 2 2. THAT PORTION OF SAID LOT 2 LYING OUTSIDE A CURVE HA YING A RADIUS OF 15.00 FEET, CONCA VE TO THE EAST BEING TANGENT ON THE NORTHEAST TO THE NORTHWESTERLY LINE OF SAID LOT 2 AND TANGENT ON THE SOUTHEAST TO THE SOUTHWESTERLY LINE OF SAID LOT 2. A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. JON JENNISON AND DENICE JENNISON, AS CO-TRUSTEES OF THE NNI N TRUST, DATED JUNE 9, 2016 I State of ------~ ) ss -~~~~e:_~_::::_~:Lll~( ~~ APP OVE[l AS TO FORM County of _____ ~ (NAME PRINTED) On this _______ before 1ne, _S_-e. ___ -e..==-=OJc=-:-,~::-:-\-:-co=Q.._;(L~k1-!!,E;(J~~c~L§'=-:-::,:--:---- DA Y, MONTH AND YEAR INSERT NAME AND TITLE OF NOTARY personally appeared _____________________ _ SIGNATORIES' NAME who proved to me on the basis of satisfactory evidence to be the person(s) whose naine(s) is/are subscribed to the within instrument and acknowledged to me ·that he/she/they executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and con-ect. Witness my hand: SIGNATURE -------------Signature of Notary Public (NAME PRINTED) (PLACE NOTARY SEAL ABOVE) PW# 18-059 By; ,jtc=i=H~A:-;;tf-i.. C:f .'"aA~T=i:e~s ...... :::::;,;,;;-- Cm ATTORNEY CAPACffll~~JMOOqJ9~Mffl!R INDIVIDUAL CORPORATE ---------OFFICER(S) _______ _ TITLE(S) PAKTNER(S) L1M1TED GENERAL ATTORNEY-IN-FACT TRUSTEE(S) GUARDIAN/CONSERVATOR OTHER: ----------- SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) 302 J rd Street 180 ' • CALIFORNIA NOTARY ACKNOWLEDGMENT For An Individual Acting In His/Her Own Right: State of California · County of Oc~e A notary public or other officer completing this certificate verifies· only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. ) ) ss. ) d6 '2019 before me, -~_n..i.;ou.b .... n.&10,:.,.'o~--------'-N..:;,,L-"io.;z."'-":.L~ ~~ Notary Public, personally appeared ~~nC\,,5on O.,,nc\ 'De.nice, Je.r,r:liSO't'"\ who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is tn1e and correct. WITNESS my hand and official seal <1 2,.£ Signature [NOTARIAL SEAL] Ci:1boon t\. ) \0-.2,· Print Name My commission expires: OI -/$ -~r HEL6850CA ( 1/15) 181 City of Huntington Beach 2000 Main Street ♦ Huntington Beach, CA 92648 (714) 536-5227 ♦ www.huntingtonbeachca.gov Office of the City Clerk Robin Estanislau, City Clerk DEED CERTIFICATION CITY OF HUNTINGTON BEACH This is to certify that the interest in real property conveyed by the Deed dated OCTOBER 26, 2019, from JON JENNISON AND DENICE JENNISON, AS CO- TRUSTEES OF THE JENNISON TRUST, DATED JUNE 9, 2016 to the CITY OF HUNTINGTON BEACH, A MUNICIPAL CORPORATION is hereby accepted by the undersigned officer or agent on behalf of the City Council of the City of Huntington Beach pursuant to the authority conferred by Resolution No. 3537 of the City Council of the City of Huntington Beach adopted on August 7, 1972, and the grantee consents to the recordation thereof by its duly authorized officer. Dated: November 14, 2019 CITY OF HUNTINGTON BEACH ROBIN ESTANISLAU, CMG CITY CLERK Sister Cities: Anjo, Japan • Waitakere, New Zealand g:/followup/deeds/deedcert2002.doc procedure #16 Government Code §27281 182 Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 NOTICE OF ACTION July 27, 2023 Jon and Denise Jennison 120 11th Street Huntington Beach CA 92648 SUBJECT: APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: DATE OF ACTION: GENERAL PLAN CONFORMANCE NO. 23-002 (302 3RD STREET VACATION) Jon and Denise Jennison, 120 11th Street, Huntington Beach, CA 92648 To determine if the vacation of an approximately 46 square foot portion of public right-of-way along 3rd Street and Olive Avenue is in conformance with the goals and policies of the General Plan 302 3rd Street, 92648 (northeast corner of 3rd St. and Olive Ave.) July 25, 2023 On Tuesday, July 25, 2023, the Huntington Beach Planning Commission took action on your application, and approved your request by adopting Resolution No . 1728, approving General Plan Conformance No. 23-002. Attached to this letter are Resolution No. 1728 and the findings for approval. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance , the action taken by the Planning Commission becomes final at the expiration of the appeal period. A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission 's action. The notice of appeal shall include the name and address of the appellant, the decision being appealed , and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty-Five Dollars ($2,855.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand , Five Hundred and Eighty-Two Dollars ($4 ,582.00) if the appeal is filed by any other party. In your case, the last day for filing an appeal and paying the filing fee is Friday, August 4, 2023 at 5:00 PM. Phone 714-536-527 1 Fax 714-37 4 -1540 www.surfcity -hb .org 183 Notice of Action GPC 23-002 February 27, 2023 Page2 If you have any questions, please contact Joanna Cortez, the project planner, at joanna.cortez@surfcity-hb.org or (714) 374-1547 or the Community Development Department Zoning Counter at (714) 536-5271. Sincerely, Ursula Luna-Reynosa, Secretary Planning Commission Matthewo/er, Planning Manager ULR:MS:JC:mr Attachments: 1. Findings for Approval -GPC No. 23-002 2. Resolution No. 1728 c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka, City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Joanna Cortez, Senior Planner Property Owner Project File 184 RESOLUTION NO. 1728 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF HUNTINGTON BEACH FINDING THE VACATION OF A 46 SQ. FT. OF EXISTING RIGHT-OF-WAY AT THE EAST SIDE OF THIRD STREET (AT 302 THIRD STREET), NORTH OF OLIVE A VENUE, IS IN CONFORMANCE WITH THE GOALS AND POLICIES OF THE GENERAL PLAN (GENERAL PLAN CONFORMANCE NO. 23-002) WHEREAS, the Government Code of the State of California, Section 65402, provides that a local agency shall not acquire real property, nor dispose of any real property, nor construct a public building or structure in any county or city until the location, purpose, and extent of such activity has been reported upon as to conformity with the adopted General Plan; and WHEREAS, staff has reviewed the subject request and submitted it to the Planning Commission for review on July 25, 2023; and WHEREAS, staff has indicated the applicable CEQA exemption pursuant to City Council Resolution No. 4501, Class 5 and applicable General Plan goals and policies to establish conformance with the General Plan. NOW, THEREFORE, BE IT RESOLVED THAT the Planning Commission of the City of Huntington Beach finds the proposed vacation of existing right-of-way upon subject property is exempt from CEQA and in conforn1ance with the goals and policies of the General Plan as follows: A. Land Use Element Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. The vacation of a 46 sq. ft. portion of existing right-of-way will not impair public use of the adjacent street, sidewalk and on-street parking spaces or the City's ability to maintain those facilities. In addition, vacating the 46 sq. ft. portion of existing right-of-way and reversion of the square footage to the adjacent property owner will not change the density of the subject property or surrounding properties as allowed by the General Plan Land Use Map. B. Circulation Element Goal CIRC-1 (A): The circulation system supports existing, approved, and planned land uses while maintaining a desired level of service and capacity on streets and at critical intersections. Policy CIRC-1 (J): Investigate cun-ent jurisdictional control of roadways and determine where adjustments may be made in the future. 185 Goal CIRC-6: Connected, well-maintained, and well-designed sidewalks, bike lanes, equestrian paths, and waterways allow for both leisurely use and day-to-day required activities in a safe and efficient manner for all ages and abilities. C . Coastal Element Objective CE 2.1: Balance the circulation sy stem with the circulation demands generated by the implementation of the Coastal Land Use Plan. The subject area to be vacated is not essential for the provision of right-of-way infrastructure (i.e. -pedestrian and vehicular access) to meet the needs of the public in a safe manner consistent with City standards. The vacation of the 46 sq. ft. right-of-way area will not reduce capacity of the smTOunding streets or remove existing on-street parking in the Coastal Zone. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Huntington Beach at a regular meeting held on the Twenty-Fifth day of July 2023 , by the following roll call vote: AYES: Acosta-Galvan, Adam, Rodriguez, Wood , Twining, Kennedy NOES: None ABSENT: Pellman ABSTAIN: None ATTEST: /'"' E xhibit A -Plat Map and Legal Description Res 1728 r( Planning Commission Chair 186 302 3rd STREET VACATION Resolution No. 2023-56 for a Summary Vacation of Right-of-Way Department of Public Works November 21, 2023 187 BACKGROUND • An easement for public street (right-of-way) and utility purposes was dedicated to the City, on November 14, 2019, by the adjacent property owners (at 302 3rd Street) as a requirement of their single-family residential redevelopment project. • This right-of-way dedication requirement is typical of new development and redevelopment projects, where the City seeks additional space for future increase in a curb return radius to improve traffic circulation. • The subject location is at the northeast corner of the 3 rd Street/Olive Avenue intersection which is currently a 4-way stop intersection. 188 LOCATION MAP VICINITY MAP / / 3023rdS¾ , , ,, Pacific City Substatio .I "C ... C') G-1 20· JO' <S ... (j LS. ·_5_50•. J' t . 6.50' · LEOEJO AMA n, RCIJ~ AS PUllJC RIGHT-OT-WAY. ® 111?Pt:a/NOf QI/Off) EXIST. C. & G. • ~ ~TCSAll(A ,Ol/CVACAl[D 8 YOrYDFHUNTIHCTONBCACH □=,,_,,,,, LS DIIST. UJiDSCAPC Q) DOST. l"HKiH ir,,,u_ [!) DIIST. Z5'HKiH IMU. 0 ct_ OLIVE AVE. ------ J STORY HOUSE 302 Jrd ST. LOT 2, BLOCK 302 A.P.N. 024-164-34 --·Q . ~ PRK;G_ SIGN 189 302 3rd Street View of current condition 190 NEED/WHY/BENEFITS • During the project construction, private landscape improvements (i.e. planter and patio walls) were inadvertently built within the easement area. • While seeking Public Works signoff for the final inspections on the new house, the private planter and patio walls were identified as encroaching in the new easement area. The owners of the property asked staff to re-evaluate the need for additional right-of-way before undertaking the costly task of removing and rebuilding their improvements. • Staff reviewed this new easement area extensively and determined that the easement will not be needed for any future public utility, pedestrian or vehicular circulation. 191 DETAILS • On July 25, 2023, the City Planning Commission reviewed the proposed Summary Vacation of an approximately 46 square foot portion of public right-of- way and approved General Plan Conformance No. 23-002 • Staff now recommends City Council’s adoption of Resolution No. 2023-56, which will affect the Summary Vacation of this portion of public right-of-way. • Upon the City’s vacation of this portion of the Easement, the rights to the land will revert to the underlying fee title owner of the property, and their private improvements will be allowed to remain as constructed. 192 RECOMMENDATION • Adopt Resolution No. 2023-56, A Resolution of the City Council of the City of Huntington Beach Ordering the Summary Vacation of an Easement over a portion of THIRd Street in the City of Huntington Beach 193 Questions? 194 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-976 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Keegan Olds, Capital Projects Administrator Subject: Approve and authorize execution of three (3) Professional Services Contracts for On-Call Environmental Engineering Consulting Services with CWE, Inc., Environmental Engineering & Contracting, Inc., and GHD, Inc. Statement of Issue: The Public Works Department requires professional environmental engineering consulting services on an on-call or as-needed basis to support staff in the planning, design, and construction of local, state, and federally-funded capital improvement projects, which are identified in the annual Capital Improvement Program (CIP). As such, Public Works advertised a Request for Proposals (RFP), based on federal procurement requirements, for these services and recommends awarding three on- call environmental engineering consulting services contracts. Financial Impact: No additional funding is required by this action. The City’s adopted Fiscal Year (FY) 2023/24 CIP Budget totals $41.1 million for approved projects citywide. Each approved CIP project has a budget containing sufficient funding for design, environmental, engineering, construction, project management, and other required costs. The three (3) recommended environmental engineering consulting contracts, totaling $1.8 million, will be funded within each project or program’s individual CIP budget, on an as-needed basis. Additionally, environmental engineering consulting services provided under these contracts may be reimbursable through State and Federal funding. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and CWE, Inc. for On-Call Environmental Engineering Consulting;” and, City of Huntington Beach Printed on 11/15/2023Page 1 of 3 powered by Legistar™195 File #:23-976 MEETING DATE:11/21/2023 B) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and Environmental Engineering & Consulting, Inc. for On-Call Environmental Engineering Consulting;” and, C) Approve and authorize the Mayor and City Clerk to execute a $600,000 “Professional Services Contract Between the City of Huntington Beach and GHD, Inc. for On-Call Environmental Engineering Consulting.” Alternative Action(s): Do not approve the professional services contracts. However, staffing levels and specific expertise are limited and necessitate additional outside support to complete budgeted CIPs. The impacts of not having approved and active on-call contacts that are readily available include: ·Each project or program would be required to advertise individual Requests for Proposals to procure support, which would require additional time and staff hours to complete. ·When projects have funding that originate from specialized sources (most commonly Federal and State sources), there may be additional procurement requirements placed onto the City tied to those specialized sources. Procuring individual contracts for each capital project or program and complying with federal/state requirements for every individual project will add staff hours, cost, and time to deliver projects. Analysis: In order to have the ability to obtain reimbursement on federally funded projects, consultants must be procured using the federal process, which differs from the City’s normal procurement process and involves Caltrans approval. Therefore, on February 7th, 2022 the City advertised a federalized Request for Qualifications (RFQ) for On-Call Engineering Services featuring 5 sub-categories: Construction Management and Inspection, Material Testing and Inspection, Architectural Engineering, Civil Engineering, and Environmental Engineering. Proposals were requested and submitted in compliance with Chapter 3.03 of the Huntington Beach Municipal Code. Six (6) proposals were received for the Environmental Engineering Consulting sub-category. In accordance with qualifications-based selected procurement, per the Federal “Brooks Act,” State SB 419, and the City of Huntington Beach Municipal Code Section 3.03 “Professional Services,” the Public Works Department established a review board. Proposals were then evaluated and ranked by the review board. The top three (3) firms, CWE Inc., Environmental Engineering & Consulting, Inc, and GHD, Inc., were selected in the Environmental Engineering category to facilitate competitive proposals for future projects from qualified on-call consultants. The three (3) contracts recommended in this Request for Council Action (RCA) are to staff in the planning, design, and construction of a wide variety of Local, State, and Federally-funded capital improvement projects. Environmental engineering services can include, but are not limited to, preparing Preliminary Environmental Studies, recommending and evaluating Low Impact City of Huntington Beach Printed on 11/15/2023Page 2 of 3 powered by Legistar™196 File #:23-976 MEETING DATE:11/21/2023 Development BMPs for storm water systems, grant applications, water quality monitoring, inspections, reporting, and oversight in compliance with federal and state regulatory requirements. These services have historically been utilized to supplement City staff to meet annual CIP goals, as an extension of staff and/or to provide required expertise for unique projects. It is anticipated that these services will be required based on past years. Each project or program is evaluated on a case by case basis to determine if these as-needed contract services are necessary. The City’s FY 2023/24 CIP totals $41.1 million in new projects. Typical design and construction support cost from the use of consultants on a CIP project can vary between ten to twenty percent (10 to 20%) of total costs for a CIP project. Therefore, it is practical to conservatively assume minimum annual design and construction consultant costs would be around $7.5 million to the City for total CIP projects or approximately $22.5 million over the next three (3) years. Professional environmental engineering services are typically required for most CIP projects, including streets and transportation, water, sewer, stormwater, parks and beaches, and facility improvement projects. Therefore, these consultants were selected to meet projected local, State, and Federally-funded project and program workload over the next three years with a total contract limit of $600,000. The proposed contract amounts are a not-to-exceed amount for a three-year term, with no guarantee of work. Funding for any and all of these contract services is only through City Council authorization in the budget approval process. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Professional Services Contract between the City of Huntington beach and CWE, Inc. for On- Call Environmental Engineering Consulting 2. Professional Services Contract between the City of Huntington beach and Environmental Engineering & Consulting, Inc. for On-Call Environmental Engineering Consulting 3. Professional Services Contract between the City of Huntington beach and GHD, Inc. for On- Call Environmental Engineering Consulting 4. Professional Services Award Analysis 5. Professional Services Contract Presentation City of Huntington Beach Printed on 11/15/2023Page 3 of 3 powered by Legistar™197 PROFESSIONAL SERVICES CONTRA CT BETWEEN THE CITY OF HUNTINGTON BEACH AND CWE FOR ON-CALL ENV IRONMENT AL ENG )NEERING CONSULTING THIS AGREEMENT ("Agreement") is made and en tered into by and between the C ity of Huntington Beach, a muni cipa l corporat ion of the State of Ca li fo rni a, herein after referred to as "C ITY," and CWE, a Ca liforni a Corp ora tion hereinafter referred to as "CONSULTANT." WHEREAS, CITY de si res to engage the serv ices of a consul tan t to provide on -c a ll Ge ne ral Env ironm e nt al Engineering Consulting; an d Pursuant to doc umen tation on file in the office of the City C ler ic, the prov isions of the Huntington Beach Municipal Code, Chapter 3.03 , relating to proc urement of professional serv ice contracts have bee n complied with; and CONSULTANT has been se lected to perform th ese services, NOW, THE REFORE, it is ag reed by CITY and CONSULTANT as fo ll ows: I . SCO PE OF SERV ICES CONSULTANT shall provide a ll serv ices as described in Exhibit "A," whic h is attached hereto and in corp orated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PRO J ECT." CONSULTANT hereby desig nates Gerry Greene who shall represent it and be its sole contact and agent in all co nsu lt ati ons w ith CITY duri n g the performance of t hi s Agreement. 2. CITY STAFF ASS ISTANCE C ITY shall assign a staff coordinator to work di rectly with CONSULTANT in th e performance of thi s Agree ment. 23-12034/3 I 0624 I of 17 198 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULT ANT are to commence on --------~ 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit II A II shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit 11 A" are generally to be shown in Exhibit 11 A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULT ANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00). 5 . EXTRA WORK In the event CITY requires additional service s not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSUL TANT shall be paid pursuant to the terms of Exhibit "B." 23 -12034/310624 2 of 17 199 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other docume nts, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Ag reement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULT ANT hereby agrees to protect, defend , indemnify and hold harml ess CITY, its officers, e lected or appointed officials, employees, agents and volunteers from and against any and all claims , d amages , lo sses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSUL TANT's subcontractors, if any) negligent (or alleged negligent) performance of thi s Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULT ANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSUL TANT's counsel. This indemnity shall apply to a ll cla ims and liability regardl ess of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULT ANT performs "Design Profess ional Serv ices" w ithin the meaning of Civil Code Section 2782.8, then the fo llowing Hold Harmless provision applies in place of subsection A above: 23 -12034/3 I 0624 3 of 17 200 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pe11ain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULT ANT exceed CONSULT ANT' s propo11ionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are app licable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional li a bility insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional li abi lity in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned ins w·ance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 23 -12034/310624 4 of 17 201 policy "deductible" of Ten Thousand Dollars ($10,000.00) or les s is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort lo maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refu ses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10 . CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT sha ll furnish to CITY a ce1tificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 23 -12034/3 I 0624 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 17 202 C. shall promise that such policy shall not be suspended, voided or canceled by either pa11y, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSUL TANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULT ANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, slate disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. ClTY may terminate CONSUL TANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 23-1 2 034/310624 6 of 17 203 event of termination, all finished and unfinished documents, exhibits, repo1t, and evidence shall, at the option of CITY, become its prope1ty and shall be promptly delivered to it by CONSULT ANT. 13 . ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY s hall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSUL TANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in vio lation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by e n closing the same in a sealed envelope, postage prepaid, and depositing the same in the United Stales Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. ce1tified mail -return receipt requested: 23-12034/3 I 0624 7 of 17 204 TO CITY: City of Huntington Beach A TIN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULT ANT: CWE ATTN: Vik Bapna 1561 E. Orangethorpe A venue, Suite 240 Fullerton, CA 92831 When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement s hall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, li mit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20 . INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in a ll cases be construed as a who le, according to its fair meaning, and not strictly for or against any of the patties. If any provision of this Agreement is held by an arbitrator or comt of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision sh all be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 23-12034/3 I 0624 8 of 17 205 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of t he law. 21. DUPLICATE ORJGINAL The original of this Agreement and one or more copies hereto have been prepared and s igned in counterparts as duplicate originals, each of which so executed shall, irrespectiv e of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in pruticular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that C ITY is not liable fo r payment of any subcontractor work involving legal services, a nd that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal cow1sel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 23-12034/3 I 0624 9 of 17 206 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the tenns and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that s uch authority or power is not, in fact, held by the signatory or is withdrawn. 28. E NTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The patties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that pa1ty or anyone acting on that party's behalf, which are not embodied in thi s Agreement, and that that paity has not executed this Agreement in reliance on any repre sentation, inducement, promise, agreement, warranty, fact or circumstance not expressly set fmth in this 23-12034/3 I 0624 10 of 17 207 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSUL TANT shall comply generally accepted accounting principles and good business practices . CONSULTANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pe11inent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULT ANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSUL TANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applica ble laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16 , 2000); Title VII of the Civil Rights Act of 23-1 2 034/3 I 0624 11 of 17 208 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part 1, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Depa11ment of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21 . CONSULT ANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from pru.1icipation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). 31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULTANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultru.1ts, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSUL TANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULTANT shall report to the City the nru.nes of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged , minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S .C. Sec. 637). CONSULTANT shall , in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: 23-1 2 034/3 I 0624 (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 12 of 17 209 32. (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises; (d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Depa11ment of Commerce. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts a nd purchase orders. CONSULT ANT agrees to u se its best efforts to comply with 2 CFR 200.322 to the fullest extent possible cons istent with the efficient performance of a contract. 33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure o nly items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR pa11 247 that conta in the highest percentage of recovered materials practicable, consistent with m ainta ining a 23-12034/310624 13 of 17 210 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT ce1tifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULT ANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-767lq. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSULT ANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Pait 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 23-12034/310624 14 of 17 211 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statu tes or commission of embezzlement, theft, forgery, bribery, falsification or destruction ofrecords, making fa lse statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph ( 1 )(b) of this certification; and (d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) termin ated for cause or default. 2. Where th e prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an exp lanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36 . NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective participant ce1tifies, by signing and submitting this document , to the best of his or her knowledge and belief, that: 23-12034/310624 (I) No Federal appropriated funds have been paid or will be pa id, by or on behalf of the undersigned, to any person for influen c in g or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 15 of 17 212 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal apprnpriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress m connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this cet1ification is a prerequisite for m aking or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$ I 00,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lo wer tier subcontracts, which exceed $ I 00,000 and that all such subrecipients sha ll certify and disclose accordingly. 37. EFFECTIVE-DATE This Agreement shall be effective on the date of its approval by the C ity Council. This Agreement shall expire when terminated as provided herein. 23-12034/310624 16 of 17 213 CONSULTANT, print name ITS: (circle one) Chairm~ice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: By:_"-1--=--~'-----~-b_~ ___ _ ,1nz_ ~A Director ~ print name ____ _ ITS: (circle one) Secretaryt'Ffer Financial Offi~sst. Secretary -Treasurer 23-12034/310624 REVIEWED AND APPROVED: City Manager 17 of 17 214 EXHIBIT "A" General I. Prepare, assist, and review Preliminary Environmental Studies. 2. Review of project plans and specifications. 3. Perform field investigations. 4. Provide site assessment and preliminary studies. 5. Prepare and review engineering analysis reports. 6. Prepare and review technical and research studies. 7. Process and review Grant and Federal Funding Applications. 8. Assist in the development of City specifications. 9. Provide training to City staff on various environmental review processes. Water Quality I. Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems. 2. Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations. 3. Perform inspections of food service establishments under the Fats, Oils, & Grease (FOG) Control Program. 4. Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies. Monitoring and Inspections 1. Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies. 2. Provide testing and sampling of various constituents and media. Studies and Reports 1. Prepare reports and studies that utilize sound practical environmental engineering analysis and principles. 2. Prepare documentations that comply with applicable regulatory agency requirements for permitting. 3. Review 3rd party reports and studies and provide City staff with comments and recommendations. Grant Applications 1. Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. EXHIBIT A 215 Preliminary Engineering I. Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative. 2. Prepare Preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents 1. Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits I. Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage 1. Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage 1. Attend pre-construction conferences. 2. Monitor construction schedule, visit construction sites as required for progress and quality of evaluation. 3. Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. 4. Prepare "as-built" drawings. EXHIBIT A 216 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (3D) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit II A II may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 217 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 218 Exhibit B Engineer l Scientist RatelHour Vlk Bapna, Jason Pereira Principal $283 Bill Young, Gerald Greene Senior Project Manager $270 Katie Harrel, Larry Tortuya, Project Manager Ben Willardson, Narasimha Murthy $237 Steve Bell Technical Manager $223 Task Leader $197 Principal Engineer $190 Chris Pendroy, Mike Nguyen Senior Engineer $167 Tammy Takigawa, Allen Xie Project Engineer $161 Kayla Kilgo Staff Engineer $139 Aaron Esparza-Almaraz, Assistant Engineer Angelique SIivestre $112 Senior Environmental Scientist $169 Nan Jia, Ryan Kearns Environmental Scientist $135 Alexa Reasoner Environmental Analyst $101 Field Survey Dave Farrell, Mark Winn, Licensed Surveyor $183 Rebecca Winn 3-Person Survey Crew $294 2-Person Survey Crew $208 Support Services Landscape Architect $185 GIS Specialist $132 Luis Cruz Engineering Technician $93 Bill Boeck CADD Designer $87 Lidia Serrano Project Coordinator $130 Administrative Assistant $90 General Direct Expenses Cost+ 10% Subcontract Services Cost+ 10% Mileage Current IRS Rate Field Vehicle -Hourly $12/hour Field Vehicle -Daily $BO/day Field Vehicle -Monthly $1,500/month B&W Photocopies (per page) $0.10 Color Photocopies (per page) $0.50 Rates will be adjusted annually based on the US Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. Based on CWE malntainlng General Liability Insurance for bodily Injury and property damage with an aggregate limit of $2,000,000 per occurrence. In the event the cllent desires additional coverage, CWE wlll, upon the cUent's written request, obtain addltrona! Insurance and adjust the above billlng rates accordingly. 219 ~ CWE0000-01 SGONZA1 i=z ,-,RD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNYYY} ----11/22/2022 !HIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certal~follcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s . PRODUCER License# 0757776 2YHJ!.'CT Karen Dempsey HUB International Insurance Services Inc. fr8 •_vg,NJ,, ,~,. (562) 674-2527 1 r.e~. N,,,19s1, 231.2s12 6 Centercolnte Drive Suite 35 ~OM.fr:J~,, .. ; cal.cpu@hublnternational.com La Palma, CA 90623 INSURERts1 AFFORDING COVERAGE NAIC# INSURER A :Crum & Forster Sneclaltv Insurance Comnanv 44520 INSURED INSURER B: West American Insurance Co 44393 CWE msuReRc:Pacific Comnensation Insurance Comnanv 11555 1561 E. Orangethorpe Avenue Suite 240 I tNSURER O: Fullerton, CA 92831 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. l!iJI~ TYPE OF INSURANCE ADP_L 1!;,I_UEIR POLICY NUMBER POLICYEFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 2,000,000 ~ D CLAIMS-MADE [K] OCCUR X X EPK141654 12/6/2022 12/8/2023 !?~b&tJ9E~ENTED I< 100,000 -,_ MED EXP'An"ona netson\ Is 10,000 ~ PERSONAL & ADV INJURY Is 2,000,000 ~'L AGGREGATE LIMIT APPLIES PERO GENERAL AGGREGATE s 4,000,000 POLICY [Kl f~ □ LOC API RO'ff.D AS TO F )RM PRODUCTS. COMP/OP AGG s 4,000,000 OTHER: / -~ ' B ~TOMOBILE LIABILITY By:~---= ---y_o~~~~~.~INGLE LIMIT s 1,000,000 _)(_ ANY AUTO X BAW5760933 CHAEL E. G~I ~1216/2022 12/6/2023 BODILY INJURY I Per narsonl s -CIT'I ATI'ORN OWNED SCHEDULED I BEACH BODILY INJURY fPer accident S -AUTOS ONLY -AUTOS CIT'i OF HUNTINGTO ~I.Wa'soNLY ~8¥6§~¾1.~ ffe?~~fe:;1t_>AMAGE s ~ f-- ' A UMBRELLA LIAB ~ OCCUR EACH OCCURRENCE Is 1,000,000 f-- EFX 121642 12/6/2022 12/6/2023 1,000,000 X EXCESSUAB ClAIMS•MAOE AGGREGATE Is OED I I RETENTION $ Is C WORKERS COMPENSATION XI ~g~-uTE I / Q1H· AND EMPLOYERS' LIABILITY YIN 1025483 12/1/2022 1211/2023 1,000,000 Af.N PROPRIETOR/PARTNER/EXECUTIVE [Kl E L. EACH ACCIDENT Is NIA 8ff.\~i~1~~m EXCLUDED? E.l. DISEASE -EA EMDLOYE' ! S 1,000,000 g~;~~rPrr8N 1b1crPERATlONS below E.L. DISEASE. POLICY LIMIT I .-t 1,000,000 A Professional Llab, EPK141654 12/6/2022 12/6/2023 Each Wrongful Act 2,000,000 A Professional Llab EPK141654 121612022 12/612023 Aggregate 4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addltronat Remarks Si;hedufe, may ba allachad If more space Is requlrtd) RE: Commercial/Industrial, Construction & FOG Comp!lance Inspections, Huntington Beach Inspections. City of Huntington Beach and Its officers, employees, agents and volunteers are Additional Insured with regard to General Liability when required by written con1ract per the attached endorsement form EN014711/11, Primary & Non-Contributory and Waiver of Subrogation Included, Addlllonal Insured with regard to Auto Llabltlty when required by written contract per the attached endorsement form AC8543 06/18. C~DTIFICATE HOLDER City of Huntington Beach Public Works Department 2000 Main Street Huntington Beach, CA 92648 I ACORD 25 (2016/03) "ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Wai~,U_ © 1966-2015 ACORD CORPORATION, All rights reserved, The ACORD name and logo are registered marks of ACORD?ISK ;,19t.Nl]U:]()!2~~nM10:d5 220 221 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. FOR ON-CALL ENVIRONMENTAL ENGINEERING CONSULTING THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and ENVIRONMENTAL ENGINEERING & CONTRACTING, INC., a California Corporation hereinafter referred to as "CONSULT ANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call General Environmental Engineering Consulting; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSUL TANT hereby designates John Schaffer who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 22-12035/295998 1 of 17 222 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSUL TANT are to commence on _________ , 20_~ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00). 5. EXTRA WORK In the event CITY reqmres additional se1vices not included in Exhibit "A" or changes in the scope of se1vices described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-12035/295998 2 of 17 223 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSUL TANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSUL TANT's subcontractors, if any) negligent ( or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULT ANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 22-12035/295998 3 of 17 224 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULT ANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULT ANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occmTence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-I 2035/295998 4 of 17 225 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted, A claims-made policy shall be acceptable if the policy further provides that: A The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULT ANT agrees to purchase an extended repmiing provision of at least two (2) years to report claims arising from work performed in connection with this Agreement If CONSULT ANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10, CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 22-12035/295998 A B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 17 226 C. shall promise that such policy shall not be suspended, voided or canceled by either pmty, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULT ANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULT ANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULT ANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the 22-12035/295998 6 of 17 227 event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULT ANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 22-12035/295998 7 of 17 228 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Environmental Engineering & Contracting, Inc. ATTN: John Shaffer 1 City Blvd West, Suite 1800 Orange, CA 92868 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 22-12035/295998 8 of 17 229 neuter gender and singular or plural mimber shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULT ANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 22-12035/295998 9 of 17 230 24. ATTORNEY'S FEES In the event suit is brought by either patiy to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, .which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that patiy has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this 22-12035/295998 10 of 17 231 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof 29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULT ANT shall comply generally accepted accounting principles and good business practices. CONSULT ANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULTANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRIMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULTANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P.L. 100-209); Executive Order 12898 (February 11, 1994 ); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-12035/295998 11 of 17 232 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter 1, Part I, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and ProcedtU'es (CDSS MPP) Division 21. CONSULTANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). 31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULT ANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULT ANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSUL TANT shall report to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: 22-12035/295998 (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 12 of 17 233 32. (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; (c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to pennit maximum participation by small and minority businesses and women's business enterprises; ( d) Establishing delivery schedules, where the requirements permit, which encourage pmiicipation by small and minority businesses and women's business enterprises; and (e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient perfo1mance of a contract. 33. RECOVERED MATERIALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-12035/295998 13 of 17 234 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the performance of this Agreement will be at least the amount required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULT ANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-767lq. CONSULTANT agrees to rep01i each violation to the USDA and the appropriate EPA Regional Office. CONSULT ANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This ce1tification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). 1. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 22-12035/295998 14 of 17 235 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or perfonning a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; ( c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph ( 1 )(b) of this certification; and ( d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this ce1iification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36. NON-LOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS The prospective paiiicipant certifies, by signing and submitting this document, to the best of his or her knowledge and belief, that: 22-12035/295998 (l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 15 of 17 236 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $ I 00,000 and that all such subrecipients shall certify and disclose accordingly. 37. EFFECTIVE DA TE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. 22-12035/295998 16 of 17 237 CONSULT ANT, ENVIRONMENTAL ENGINEERING & CONTRACTING, INC. ~ By: _ _,~4-,;~c.......... "7,,.-~""---. _ ___,/fir,,___ z,, . prinl..Jli11llC ITS: (cil'cle on~J 1/Chiel' rinancial Officer/ Asst. Secretary -Treas~, 22-1 2035/295998 CITY OF HUNTINGTON BEACH, a mun ic ipal co rp oration of the State of California Mayor C ity Clerk ~!Tl:~ Direct~ of Public Works REVIEWE D AND APP ROV E D : C it y Manager 17 of 17 238 EXHIBIT "A" General I. Prepare, assist, and review Preliminary Environmental Studies. 2. Review of project plans and specifications. 3. Perform field investigations. 4. Provide site assessment and preliminary studies. 5. Prepare and review engineering analysis repmis. 6. Prepare and review technical and research studies. 7. Process and review Grant and Federal Funding Applications. 8. Assist in the development of City specifications. 9. Provide training to City staff on various environmental review processes. Water Quality I. Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems. 2. Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations. 3. Perform inspections of food service establishments under the Fats, Oils, & Grease (FOG) Control Program. 4. Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies. Monitoring and Inspections I. Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies. 2. Provide testing and sampling of various constituents and media. Studies and Reports 1. Prepare reports and studies that utilize sound practical environmental engineering analysis and principles. 2. Prepare documentations that comply with applicable regulatory agency requirements for permitting. 3. Review 3rd party reports and studies and provide City staff with comments and recommendations. Grant Applications 1. Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. EXHIBIT A 239 Preliminary Engineering 1. Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative. 2. Prepare Preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents 1. Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits 1. Assist in obtaining approvals from applicable regulato1y agencies for environmental, and/or other pennits as may be required. Bidding Stage 1. Assist the City in answering bidders' questions, attend pre-bid conferences, andjob walks, prepare addendums, and analyze bids. Construction Stage 1. Attend pre-construction conferences. 2. Monitor construction schedule, visit construction sites as required for progress and quality of evaluation. 3. Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. 4. Prepare "as-built" drawings. EXHIBIT A 240 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULT ANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSUL TANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 241 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be umeasonably 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. 242 Local Assistance Procedures Manual CONFIDENTIAl=~~l~[P~ETARY Consultant or Subconsultant: EXHIBIT 1 0-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) EEC Environmental El Prime Consultant 0 Subconsultant Project No On Call Engineering Services -Contract No Participation Amount $ - For Combined Rate Fringe Benefit% + General & Administrative%, = OR For Home Office Rate Fringe Benefit% + General & Administrative % = For Field Office Rate Fringe Benefit%+ General & Administrative% = FEE¾ = EXHIBIT 10-H Cost Proposal 0 2nd Tier Subconsultant Date· March 15 2022 0,00% Home Office !CR% ::-;JSS.00_% · Horne Office !CR% 0.00% Field Office !CR% 15.0% BILLING INFORMATION CALCULATION INFORMATION Name/ Job Title/ Hourly Billing Rates Classification1 Straight3 OT (1.5x) OT (2.0x) Joseph Jenkins 190.00 222.39 254.79 Project Manager 199.50 233.51 267.53 209.47 245.18 280.90 219.94 257.44 294.94 230.93 270.31 309.68 242.49 283.83 325.18 Will Shaffer, PE 200.00 234.10 268.20 Alternate Project Manager 210.00 245.80 281.61 220.49 258.09 295.68 231_52 271.00 310.47 243.10 284.55 326.00 255.27 298_80 342.32 David Bernier, PG 265.01 310.20 355.38 Principal In-Charge 278.26 325.71 373.15 292.16 341.98 391.79 306.77 359.07 411.38 322.11 377.03 431.95 338.21 395.87 453.54 Effective date of Hourly Rate Actual or Avg From To Hourly Rate4 5/112022 12/3112022 64.79 1/112023 12/3112023 68.03 111/2024 12/3112024 71.43 11112025 12/31/2025 75.00 111/2026 12/3112026 78.75 1/112027 12/3112027 82.69 5/1/2022 12/31/2022 68.20 111/2023 12/31/2023 71.61 1/1/2024 12/31/2024 75.19 1/112025 12/31/2025 78_95 111/2026 12/31/2026 82.90 111/2027 12/3112027 87.05 51112022 12/3112022 90.37 1/112023 12/3112023 94.89 1/112024 12/3112024 99.63 1/1/2025 12/3112025 104.61 11112026 12/3112026 109.84 111/2027 12/3112027 115.33 % ors Increase 0% 5.00% 5.00% 5,00% 5.00% 5.00% 0% 5.00% 5.00% 5.00% 5.00% 5.00% 0% 5.00% 5.00% 5.00% 5.00% 5.00% Hourly Kange ror Classifications Onlu NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA N/A NIA NIA NIA NIA NIA Page 1 of3 January 2020 243 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 1 0-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) EEC Environmental El Prime Consultant D Subconsultant Project No On~CaU Engineering Services Contract No Participation Amount $ For Combined Rate Fringe Benefit% + General & Administrative % = OR For Home Office Rate Fringe Benefit % + General & Administrative% = For Field Office Rate Fringe Benefit% + General & Adminlstrative % = FEE% = EXHIBIT 10-H Cost Proposal D 2nd Tier Subconsultant Date· March 15 2022 0.00% Home Office !CR% ''.1?5:00%:_. .. ·. Home Office !CR% 0.00% Field Office !CR% 15.0% BILLING INFORMATION CALCULATION INFORMATION Name/ Job Title / Hourly Billing Rates Cfassification1 Straight3 OT (1.5x) OT (2.0x) Baltazar Maldonado 134.98 158.00 181.01 Compliance Inspector 141.73 165.89 190.06 148.82 174.20 199.57 156.27 182.92 209.56 164.07 192.05 220.02 172.28 201.66 231.03 Sr. Staff 120.00 140.46 160.92 126.01 147.49 168.98 132.31 154.87 177.43 138.94 162.63 186.32 145.89 170.77 195.64 153.19 179.31 205.43 Drafter 130.00 152.16 174.33 136.51 159.78 183.06 143.34 167.78 192.22 150.50 176.16 201.82 158.03 184.98 211.92 165.92 194.21 222.50 Effective date of Hourly Rate Actual or Avg From To Hourly Rate4 51112022 12131/2022 46.03 11112023 1213112023 48.33 11112024 1213112024 50.75 111/2025 12/3112025 53.29 11112026 1213112026 55.95 11112027 12131/2027 58.75 511/2022 1213112022 40.92 11112023 1213112023 42.97 11112024 1213112024 45.12 11112025 1213112025 47.38 111/2026 12/3112026 49.75 11112027 12/3112027 52.24 51112022 12/3112022 44.33 11112023 1213112023 46.55 1/1/2024 12/31/2024 48.88 11112025 1213112025 51.32 111/2026 1213112026 53.89 11112027 1213112027 56.58 % or$ Increase 0% 5,00% 5.00% 5.00% 5.00% 5.00% 0% 5.00% 5.00% 5.00% 5.00% 5.00% 0% 5.00% 5.00% 5.00% 5.00% 5.00% nouriy "ange 1or Classifications Onlv NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA Page 2of 3 January 2020 I 244 Local Assistance Procedures Manuaf CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 10-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) EEC Environmental B Prime Consultant D Subconsultant Project No On-Call Engineerino Services -Contract No Participation Amount" $ For Combined Rate Fringe Benefit%+ General & Administrative% = OR For Home Office Rate Fringe Benefit¾+ General &Administrative% = For Field Office Rate Fringe Benefit% + General & Administrative % = FEE% = EXHIBIT 10-H Cost Proposal 0 2nd Tier Subconsultant Date· March 15 2022 0.00% Home Office ICR% .· J55.00% ·. Home Office !CR% 0.00% Field Office !CR% 15.0% BILLING INFORMATION CALCULATION INFORMATION Name/ Job Title/ Hourly Billing Rates Effective date of Hourly Rate Classification 1 Straight3 OT (1.5x) OT (2.0x) From To Staff Engineer 150.00 175.57 201.15 511/2022 12/31/2022 157.50 184.36 211.21 111/2023 12/31/2023 165.39 193.59 221.79 111/2024 12/31/2024 173.66 203.27 232.88 1/1/2025 12/31/2025 182.34 213.43 244.52 1 /112026 12/31/2026 191.46 224.11 256.75 1/1/2027 12/31/2027 Actual or Avg %or$ Hourly Rate 4 Increase 51.15 0% 53.71 5.00% 56.40 5.00% 59.22 5.00% 62.18 5.00% 65.29 5.00% Hourly Range tor Classifications Onl" N/A NIA NIA NIA NIA N/A Page3 of 3 January 2020 245 Local Assl!Jtance Procedures Mam1al EXHISIT10-H2COSTPROPOSAL Poge3of3. Certification of Direct Costs; EXHIBIT 10-H2 Cosl Proposal I, the undersigned, certify to the best of my knowledge and belief Iha! all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the con1ract in accordance with the contract terms and the following requirements: 7. Generally Accepted Accounting Principles (GAAP) 8. Terms and conditions of the contract 9. Title 23 United States Code Section 112-Letting of Contracts 10. ,48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 11., 23 Code of Federal Regulations Part 17 2 -Procurement, Management, and Administration of Engineering and Design Related Service 12. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the prOject files and be in compliance with applicable federal and state requirements. Costs that are noncom pliant with the federal and state requirements are not eligible for reimbursement. Prime Consultant or Subconsultant Certifying: N John Shafter ame: ____ ,,_..-c.--------- Signatur~: :Jf.~.,c._,..,__.---....... Email; /sha~p @eecenvlronmental.com Title*: _C_E_O _________ _ Date of Certification (mm/ddlyyyy): 03/15/2022 Ph one Number: ..c.7..c.14,__-6,,.,6'--'7-"-2"'3""00"-------- Address· 1 City Blvd. W. STE 1800, Orange, CA. 92868 • An individual executive or financial officer of the consultant's or subconsultant's organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utilized to establish the cost proposal for the contract. List services the consultant is providinr:i under the proposed contract: E -Environmental Engineering Page 7 of 9 January 2020 246 IENVIRONl\~ENTAl 2022 Fee Schedule PERSONNEL CHARGES The charge for all time required for the performance of the Scope of Work, including office, field and travel time, will be billed at the hourly rate according to the labor classifications set forth below: Labor Classification Jr. Staff Engineer/Geologist/Scientist Staff Engineer/Geologis!/Scien!ist Sr Staff Engineer/Geologist/Scientist Project Engineer/Geologist/Scientist -I Project Engineer/Geologist/Scientist -II Sr Project Engineer/Geologis!/Scientist -I Sr Project Engineer/Geologist/Scientist -II Principal Geologist Principal Project Assistant Technician Draller Sr Technician Compliance Inspector Technician GIS/Technology Analyst GIS/Technology Sr Analyst GIS/Technology Specialist GIS/Technology Sr Specialist GIS/T echnology Supervisor GIS/Technology Director/GIS Technology Construction Technician Construction Field Supervisor Construction Manager Sr Construction Manager Technical Editor Hourly Rate $120 $150 $165 $190 $200 $220 $240 $265 $265 $110 $115 $130 $135 $135 $110 $125 $140 $150 $160 $175 $190 $95 $115 $120 $155 $115 Emergency response will be charged at a rate of 1.5 times the standard hourly rate. When EEC Staff appear as expert witnesses at court trials, mediation. arbitration hearings and depositions, their time will be charged at 2.0 times the standard rate. All time spent preparing for such trials, hearings, and depositions, will be charQed at the standard hourly rate. Travel Vehicles used on project assignments wlll be charged at $75 per day. Mileage is billed at the current rate established by the Internal Revenue Service plus mark up. Per Diem is billed at a unit cost of $75 per day (except in high cost markets, which will adhere to GSA rates). Airfare, lodging, renta I cars and associated expenses are billed at cost plus 15%. Field Equipment Field Equipment is billed at standard unit costs. Rate schedules are available upon request, Subcontractors and Relmbursables The costs of subcontractors, materials, equipment rental and costs incurred will be charged at cost plus 15%. other Project Charges The cost of additional report reproduction and special project accounting will be billed as appropriate. Plotting plans are charged by size, black and white or color, and by the number of copies supplied. Shipping and Postage Shipping charges include couriers and the postage necessary will be charged at cost plus 15%. Interest Charges Interest on late payments will be charged at the rate of 1.5% per month. Payment Terms Nel 30 days apply lo all work performed and invoiced unless superseded by a specific executed contract. This Fee Schedule is adjusted each subsequent year to reflect Iha economic changes tor the new year. The new schedule will apply to existing and new assignments. 247 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 10-H2 COST PROPOSAL Pa9e1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Michael Baker International, Inc. D Prime Consultant 0 Subconsu!tant Project No On-Cal! Engineering Services Contract No Participation Amount· S For Combined Rate Fringe Benefit%+ Genera! & Administrative% = OR For Home Office Rate Fringe Benefit % + Genera! & Administrative % = EXHIBIT 10-H Cost Proposal □ 2nd Tier Subconsultant Date· March 14 2022 0.00% Home Office !CR% 147.71% Home Office 1CR% For Field Office Rate Caltrans Acceptance ID D2021-0820 Fringe Benefit% + General & Administrative % BILLING INFORMATION Name / Job Title / Hourly Billing Rates Classification1 Straight3 OT (1.5x) OT (2.0x) Mercier, Dave; PE,CGP/IGP To 277.49 NIC NIC Project Prfncipal 291.36 N/C NIC Exempt 305.94 N/C NIC 321.23 NIC NIC 337.28 NIC NIC 354.14 NIC NIC Beck, Richard; CEP, PWS, CPE 349.59 NIC NIC Technical Manager 367.09 N/C N/C Exempt 385.45 NIC N/C 404.72 NIC N/C 424.96 NIC N/C 446.21 NIC NIC Alan Ashimine 267.74 NIC NIC Technical Manager 281.12 NIC NIC Exempt 295.18 NIC N/C 309.95 NIC NIC 325.45 NIC NIC 341.72 N/C NIC Chen, Terrence; PE, QSD/P 252.45 N/C NIC Senior Engineer 265.07 NIC N/C = 0.00% FEE% = 10.0-0/o CALCULATION INFORMATION Effective date of Hourly Rate Actual or Avg ¾ ors From To Hourly Rate4 Increase 51112022 12131/2022 101.84 0% 11112023 12/31/2023 106.93 5.00% 1/112024 12/3112024 112.28 5.00% 11112025 12/3112025 117.89 5.00% 11112026 12/3112026 123.78 5.00% 11112027 12131/2027 129.97 5.00% 51112022 12/31/2022 128.30 0% 1/112023 12/31/2023 134.72 5.00% 11112024 12/31/2024 141.46 5.00% 11112025 12/31/2025 148.53 5.00% 11112026 12/31/2026 155.96 5.00% 11112027 12/31/2027 163.76 5.00% 51112022 1213112022 98.26 0% 11112023 12131/2023 103.17 5.00% 111/2024 12/31/2024 108.33 5.00% 11112025 12/31/2025 113.75 5.00% 1/112026 12/3112026 119.44 5.00% 1/112027 12/3112027 125.41 5.00% 51112022 12/3112022 92.65 0% 11112023 1213112023 97.28 5.00% Field Office !CR% nouny Kange ror Classifications Onlv N/A NIA NIA NIA NIA N/A NIA NIA NIA NIA NIA NIA NIA N/A N/A NIA NIA NIA NIA NIA Page 1 of 5 2022 248 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 10-H2 COST PROPOSAL Page1of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING ANO INSPECTION CONTRACTS) Michael Baker International, Inc. 0 Subconsu!tant Project No On-Call Engineering Services Contract No D Prtme Consultant Participation Amount· $ For Combined Rate Fringe Benefit%+ General & Administrative% = OR For Home Office Rate Fringe Benefit% + Genera! & Administrative % = EXHIBIT 10-H Cost Proposal D 2nd Tier Subconsultant Date· March 14 2022 0.00% Home Office !CR% 147.71% Home Office JCR% For Field Office Rate Caltrans Acceptance !D D2021 ~0820 Fringe Benefit%+ General & Administrative% BILLING INFORMATION Name / Job Title/ Hourly Billing Rates I Classification 1 Straight' OT (1.5x) OT (2.0x) Exempt 278.31 NIC NIC 292.24 NIC NIC 306.84 NIC NIC 322.18 NIC NIC S(dor, Andrew; PE, QSD/P, CPE 233.87 NIC NIC Senior Engineer -Water 245.56 N/C N/C Exempt 257.85 N/C N/C 270.74 NIC NIC 284.28 NIC NIC 298.50 NIC N/C Wong, Derek; AICP 195.18 NIC NIC Grant Preparation 204.93 N/C NIC Exempt 215.18 N/C N/C 225.94 N/C N/C 237.25 NIC N/C 249.10 N/C N/C Serafini, Dino 173.16 204.94 236.71 Technical Specialist 181.83 215.19 248.56 Non-Exempt 190.93 225.96 261.00 200.46 237.25 274.03 = 0.00% FEE% = 10.0% CALCULATION INFORMATION Effective date of Hourly Rate Actual or Avg %or$ From To Hourly Rate4 Increase 11112024 1213112024 102.14 5.00% 1/1/2025 1213112025 107.25 5.00% 11112026 1213112026 112.61 5.00% 11112027 12131/2027 118.24 5.00% 51112022 1213112022 85.83 0% 11112023 1213112023 90.12 5.00% 11112024 1213112024 94.63 5.00% 11112025 12131/2025 99,36 5.00% 11112026 1213112026 104.33 5.00% 111/2027 1213112027 109.55 5.00% 51112022 1213112022 71.63 0% 11112023 1213112023 75.21 5.00% 11112024 12/3112024 78.97 5.00% 1/112025 12/31/2025 82.92 5.00% 1/112026 12/3112026 87.07 5.00% 1/112027 1213112027 91.42 5.00% 511/2022 12/31/2022 63.55 0% 111/2023 12/3112023 66.73 5.00% 1/1/2024 12/3112024 70.07 5.00% 11112025 12/3112025 73.57 5.00% Field Office !CR% nouny r<i.ange 1or Classifications Dnlv NIA NIA NIA NIA NIA NIA NIA NIA N/A NIA N/A NIA N/A NIA NIA NIA NIA NIA NIA NIA Page2of 5 2022 I 249 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 1 0-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Michael Baker lnternatlonat, Inc. D Prime C.onsufiant 0 Subconsultant Project No On-Call Engineerina Services -Contract No Participation Amount' $ For Combined Rate Fringe Benefit % + General & Administrative % a OR For Home Office Rate Fringe Benefit'%+ General & Administrative% a EXHIBIT 10-H Cost Proposal D 2nd Tier Subconsultant Date· March 14 2022 0.00% Home Office !CR% 147.71% Home Office ICR% For Field Office Rate Caltrans Acceptance ID D2021-0820 Fringe Benefit ()/o + General & Administrative % BILLING INFORMATION Name / Job Title/ Hourly BiUing Rates Classification 1 Straight3 OT (1.5x) OT (2.0x) 210.49 249.12 287.74 221.01 261.56 302.12 Tidwell, Tim; PWS, sUAS 159.95 N/C NIC Project Manager 167.96 N/C NIC Exempt 176.35 N/C NIC 185.18 NIC NIC 194.44 N/C NIC 204.17 NIC NIC Liu, Leo 125.50 148.53 171.56 Assistant Engineer 131.77 155.95 180.13 Non-Exempt 138.37 163.76 189.15 145.29 171.95 198.61 152.56 180.56 208.55 160.19 189.59 218.98 Dorado, Aldrinj EIT 119.18 141.05 162.92 Assistant Engineer 125.15 148_ 12 171.08 Non-Exempt 131.42 155.53 179.65 137.98 163-30 188.62 144.88 171.46 198.05 152.13 180_04 207.96 a 0.00% FEE% a 10.0% CALCULATION INFORMATION Effective date of Hourly Rate Actual or Avg % or$ From To Hourly Rate4 Increase 1/1/2026 12/31/2026 77.25 5.00% 1/1/2027 12/31/2027 81.11 5.00% 5/1/2022 12/31/2022 58.70 0% 1/1/2023 12/31/2023 61.64 5.00% 1/112024 12/3112024 64.72 5.00% 1/112025 12/31/2025 67.96 5.00% 1/1/2026 1213112026 71.36 5.00% 11112027 12/31/2027 74.93 5.00% 511/2022 12/31/2022 46.06 0% 111/2023 12/31/2023 48.36 5.00% 111/2024 12/31/2024 50.78 5.00% 1/1/2025 12/31/2025 53.32 5.00% 1/1/2026 12/31/2026 55.99 5.00% 1/1/2027 12/31/2027 58.79 5.00% 511/2022 12/31/2022 43.74 0% 11112023 12/31/2023 45_93 5.00% 1/1/2024 12/31/2024 48.23 5.00% 1/1/2025 12/31/2025 50.64 5,00% 11112026 12/31/2026 53.17 5.00% 111/2027 12/31/2027 55.83 5,00% Field Office !CR% nouriy r ... .ange 1or Classifications On!v NIA NIA N/A NIA N/A N/A NIA N/A NIA NIA N/A N/A NIA N/A NIA N/A N/A NIA NIA NIA Page 3 of 5 2022 I 250 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsultant: EXHIBIT 1 O-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Michael Baker International, Inc. D Prime Consultant 0 Subconsultant Project No On-Call Engineering Servlces Contract No Participation Amount S For Combined Rate Fringe Benefit %1 + General & Administrative % = OR For Home Office Rate Fringe Benefit%+ Genera! & Administrative% = EXHIBIT 10-H Cost Proposal D 2nd Tier Subconsultant Date· March 14 2022 0.00% Home Office !CR% 147.71% Home Office !CR% For Field Office Rate Caltrans Acceptance ID 02021-0820 Fringe Benefit%+ General & Administrative% BILLING INFORMATION Name/ Job Title/ Hourly Billing Rates Classification1 Straights OT (1.5x) OT (2.0x) Rodriguez, Raul 111.72 132.22 152.72 Assistant Engineer 117.30 138.83 160.35 Non-Exempt 123.16 145.76 168.36 129.32 153.05 176.78 135.78 160.69 185.61 142.56 168.72 194.88 Kim, Hyun "Aaron;'' EIT 111.47 131.93 152.38 Assistant Engineer 117.06 138.54 160.02 Non-Exempt 122.92 145.47 168.03 129.07 152.76 176.44 135.53 160.40 185.27 142.32 168.43 194.55 Lapitan, Marianne; EIT, ENV SI 107.49 127.22 146.94 Assistant Engineer 112.86 133.57 154.28 Non-Exempt 118.50 140.25 161.99 124.41 147.24 170.07 130.63 154.60 178.57 137.17 162.34 187.51 Torres, Angel; EIT. 106.35 125.86 145.38 Assistant Engineer 111.66 132.15 152.64 = 0.00(.% FEE% = 10.0% CALCULATION INFORMATION Effective date of Hourly Rate Actual or Avg % or$ From To Hourly Rate4 Increase 5/1/2022 12/31/2022 41.00 0% 11112023 12/31/2023 43.05 5.00% 111/2024 12/31/2024 45.20 5.00% 1/112025 12/31/2025 47.46 5.00% 1/1/2026 12131/2026 49.83 5.00% 11112027 12/31/2027 52.32 5.00% 51112022 12/31/2022 40.91 0% 1/1/2023 12/31/2023 42.96 5.00% 111/2024 12/31/2024 45.11 5.00% 1/1/2025 12/31/2025 47.37 5.00% 1/112026 12/31/2026 49.74 5.00% 1/1/2027 12/31/2027 52.23 5.00% 511/2022 12131/2022 39.45 0% 111/2023 1213112023 41.42 5.00%. 11112024 12131/2024 43.49 5.00% 1/112025 12131/2025 45.66 5.00% 11112026 12131/2026 47.94 5.00% 1/112027 12131/2027 50.34 5.00% 5/112022 12131/2022 39.03 0%. 11112023 12/31/2023 40.98 5.00% Field Office ICR% r1ouny ~ange rnr Classifications Onlv NIA N/A NIA NIA N/A NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA NIA N/A N/A NIA Page 4 of 5 2022 I 251 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY Consultant or Subconsu!tant: EXHIBIT 1 0-H2 COST PROPOSAL Page 1 of2 SPECIFIC RATE OF COMPENSATION (USE FOR ALL ON-CALL OR AS-NEEDED CONTRACTS) (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) Michael Baker lnternafional, Inc. 0 Prime Consultant 0 Subconsu[tant Project No On-Call Engineering Services Contract No Particlpatlon Amount $ - for Combined Rate Fringe Benefit % + Genera! & Administrative % = OR For Home Office Rate Fringe Benefrt % + General & Administrative % = EXHIBIT 10-H Cost Proposal D 2nd ner Subconsultant Date· March 14 2022 0.00% Home Office !CR% 147.71% Home Office !CR% For Field Office Rate Caltrans Acceptance ID 02021-0820 Fringe Benefit% + General & Administrative % = 0.00% FEE% = 10.0% BILLING INFORMATION CALCULATION INFORMATION Name / Job Title/ Hourly Billing Rates Effective date of Hourly Rate Actual or Avg % or$ Classification 1 Straight::. OT(1.5x) OT (2.0x) From To Hourly Rate4 Increase Non-Exempt 117.25 138.76 160.28 11112024 12/3112024 43.03 . 5.00% 123.11 145.70 168.29 11112025 12/3112025 45.18 5.00% 129.26 152.98 176.70 11112026 12/3112026 47.44 5.00% 135.72 160.63 185.53 11112027 12/31/2027 49.81 5.00% Notes: 1. Key personnel must be marked with an asterisk(*) and employees that are subject to prevailing age requirements must be marked with two asterisks(**). All costs must comply with the Federal cost principles. Subconsultants will provide their own cost proposals. 2. The cost proposal format shall not be amended. Field Office ICR% Hourly K.ange tor Classifications On!" NIA NIA NIA NIA 3. Billing rate= actual hourly rate* (1 + ICR) * (1+ Fee)_ Indirect cost rates shall be updated on an annual basis in accordance with the consultant's annual accounting period and established by a cognizant agency or accepted by Caltrans. All costs must comply with the Federal cost principles for reimbursement. 4. For named employees and key personnel enter the actual hourly rate. For classifications only, enter the Average Hourly Rate for that cl;issification. Page 5 of 5 2022 252 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 1 0-H2 COST PROPOSAL Page 2 of 3 SPECIFIC RATE OF COMPENSATION (CONSTRUCTION ENGINEERING AND INSPECTION CONTRACTS) EXHIBIT 10-H Cost Proposal Consultant or Subconsu[tant: Michael Baker lntematconal, Inc. D Prime Consultant Contract No. 0 Subconsultant Project No. On-Ca!! Engineering Services Date: 3/14/2022 -------- SCHEDULE OF OTHER DIRECT COST ITEMS (Add Additional Pages As Necessary) Description of Item Quantity Unit Unit Cost Total Mileage Costs TBD Mile $0.585 Reprograph!cs, Delivery, Postage/Shipping Permit Fees Plan Sheets .\ Testing Vehicle (Company; Rental) Subconsultar.t l: Subconsu!tant 2: Subconsultant 3: NOTES: 1, Llst other direct cost items with estimated costs. These costs should be competitive in their respective industries and supported with appropriate documentation. 2. Proposed ODC items should be consistently billed regardless of client and contract type. 3. Items wtien incurred for the same purpose, in like circumstance, should not be included in any indirect cost pool or in the overhead rate. 4. !terns such as special tooling, will be reimbursed at actual cost .vith supporting documentation (invoice). 5. !terns listed above that would be considered "tools of the trade" are not reimbursable as other direct cost 6. Travel related costs should be pre-approved by the contracting agency and shall no! exceed current State Department of Personnel Administration rules. 7. lf mlleage is claimed, the rate should be properly supported by the consultant's calculation of their actual costs for company vehicles. In addition, the mlles claimed should be supported by mlleage logs. At Cost At Cost At Cost At Cost At Cost At Cost 8. If a consultant proposes rental costs for a vehicle, the company must demonstrate that this is its standard procedure for an of their contracts and that they do not 0\Nfl any vehicles that could be used for the same purpose. 9. The cost proposal format shall not be amended. AU costs must comply with the Federal cost principles. 10. Add additional pages If necessary. 11. Subconsultants must provide thelr av.-n cost proposals. Page 1 of 1 2022 253 Local Assistance Procedures Manual CONFIDENTIAL AND PROPRIETARY EXHIBIT 10-H2 COST PROPOSAL (Page 3 of 3] Certification of Direct Costs: EXHIBIT 1 0-H1 Cost Proposal I, the undersigned, certify to the best of my knowledge and belief that all direct costs identified on the cost proposal(s) in this contract are actual, reasonable, allowable, and allocable to the contract in accordance with the contract terms and the following requirements. 1. Generally Accepted Accounting Principles (GAAP) 2. Terms and conditions of the contract. 3. Title 23 United State Code Section 112 -Letting of Contracts 4. 48 Code of Federal Regulations Part 31 -Contract Cost Principles and Procedures 5. 23 Code of Federal Regulations Part 172 -Procurement, Management, and Administration of Engineering and Design Related Service 6. 48 Code of Federal Regulations Part 9904 -Cost Accounting Standards Board (when applicable) All costs must be applied consistently and fairly to all contracts. All documentation of compliance must be retained in the project files and be in compliance with applicable Federal and State requirements. Costs that are non-compliant with the Federal and State requirements are not eligible for reimbursement Prime Consultant or Subconsultant Certifying: Name: Michael Bruz Title*: Vice President =====------------ Signature: Email: --~-7-::t;:..J+-"-----------Date of Certification (mm/dd/yyyy): 3/10/2022 mic=mbakerintl.com Phone Number: 949-855-3640 ==========-----..c..c.:...=:,.;:.::..:.:; ______ _ Address: 5 Hutton Centre Drive, Suite 500; Santa Ana, CA 92707 * An indlvidua! executive or financial officer of the consultant's or subconsultant1s organization at a level no lower than a Vice President or a Chief Financial Officer, or equivalent, who has authority to represent the financial information utlllzed to establlsh the cost proposal for the contract. List of services the consultant is providing under the proposed contract: Professional Engineering, Design, and Survey Services 254 Principal City of Huntington Beach On-Call Services Michael Baker International, Inc. Senior Project Manager Project Manager/ Environmental Manager Technical Specialist Principal Planner/ Senior Environmental Specialist Public Finance/ Grant Programs Senior Engineer/ Senior Planner Biologist Project Engineer/ Senior GIS Analyst/ Project Planner Senior Designer/ Survey Analyst Environmental Specialist/ GIT Analyst/ GIS Analyst Designer/ Design Engineer/ Planner/ Environmental Analyst Design Technician/ Graphic Artist Assistant Engineer/ Assistant Planner Environmental Associate/ GIS Associate Engineering Aid/ Planning Aide Office Support/ Clerical Intern $ 260.00 $ 250,00 $ 230.00 $ 220.00 $ 200.00 $ 185.00 $ 180.00 $ 175.00 $ 165.00 $ 160.00 $ 155.00 $ 135.00 $ 120.00 $ 110.00 $ 105.00 $ 90.00 $ 80.00 $ 65.00 Note: Reproduction, messenger service, and other direct expenses wl!I be charged at direct cost Vehkle mlleage wfll be charged as an addition.ii cost at the IHS approved rate. Michael Baker INTERNATIONAL 2022 255 ACORD" CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDIYYvY) 1......----' 10/31/2022 ~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s}. PRODUCER GMGS Risk Management & Insurance Services CONTACT Jennifer Barlon NAME: 6201 Oak Canron, Suite 100 PHONE 949.559.3394 ! f,ifc No': 949-559-6703 Irvine, CA 926 8 E•MA!L fenniferbfMlnmos,com A{)n"ESS: INSURERISl AFFORDING COVERAGE NA!CII www.gmgs.com 0884519 INSURER A: Great Divide Insurance Comnanv 25224 INSURED INSURER a: Amer!ca_n ]:_!re and Casuall1t Comnan" 24066 EEC Environmental INSURER C: Naulilus Insurance Comnanv 17370 dba: Environmental Engineering & Contracting, Inc. One City Boulevard West, Suite 1800 INSURER D: Insurance Comnan" of !he West 27847 Orange CA 92868 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 71040250 REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE AODL SUBR 1 ,~2fJ%W,A,, ,tPJ-6%~15.r_ LTR """" ""'" POLICY NUMBER LIMITS A .L COMMERCIAL GENERAL LIABILITY GLP2006942-20 10/31/2022 10/31/2023 EACH OCCURRENCE $5 000 000 -~ CLA1MS•MAOE [Z] OCCUR PREMJSEJ?la~rrencol S300 000 MEO EXP {Any one nerson) $25 000 - PERSONAL& ADV JNJURY $5.000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $5,000,000 ~ POLICY 0 ~P8i DLoc PRODUCTS-COMP/OP AGG S5 000 000 OTHER: $ 8 AUTOMOBILE LIAB!UTY BAA(23)58333458 10/31/2022 10/31/2023 9~0MBll;IE~ 1 flNGLE LIMIT s1 ooo ooo -- _L ANY AUTO -APPROV DASTOF< RM BODlL Y INJURY (Per pe1s011) $ OWNED SCHEDULED --..... BODILY INJURY (Per acc!denl) $ -AUTOS ONLY --AUTOS ;:::-- .L HIRED _L NON-OWNED fp~~~~Je(1~AMAGE $ AUTOS ONLY AUTOS ONLY By: MICH EL E. GATE; $ UMBRELLA LIAB ~ OCCUR U, Al 1vRNEY EACH OCCURRENCE $ -CITY OF Hl NTINGTON 3EACM EXCESSUAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION s: $ D WORKERS COMPENSATION WSD506576100 5/24/2022 5/24/2023 _{_J ~\%ure I l OTH- ANO EMPLOYERS' LIABILITY ER YIN ANYPROPRIETOR/PARTNER/EXECUTIVE □ E.L. EACH ACCIDENT S 1 000 000 OFFlCER/MEI.IBEREXCLUDEO? NIA {Mandatory In NH) E.l. DISEASE• EA EMPLOYEE $1 nononn i~sc;t~i:l:\'N 0/cf PERATIONS betm•1 EL OlSEASE. POLICY LIMIT S1000000 C Pollution Liability CCP2006941-20 10/31/2022 10/31/2023 Each Poll Occurrence $5,000,000 Professlonat Uabilily Each Prof Uab Claim $5,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS I VEHICLES (ACORD 101, AddlUonal Remarks Sclu1dule, may bo attached Ir moro spa co Is required) This certificate may be relied upon only If the certificate addendum referred to herein is attached hereto. All operalfons of lhe named insured subject to the terms and conditions of the policies. This certificate of Insurance amends and supersedes any previously Issued certificate. CERTIFICATE HOLDER CANCELLATION Cit6 of Huntington Beach 20 O Main Street SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE Will BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach CA 92648 AUTHORIZED REPRESENTATIVE <~ I Griff Griffith © 1988~2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD '/1040250 j 22-23 A/G/U/Poll/'i:&0/WC j Jennifer Harton I 10/31/2022 0:40:54 AN (PD'fl j Page l of 3 256 AGENCY CUSTOMER ID: __________________ _ LOC #: _______ _ ~ ACORD® ~ ADDITIONAL REMARKS SCHEDULE AGENCY NAMED INSURED GMGS Risk Management & Insurance Services EEC Environmental dba: Environmental Engineering & Contracting, Inc. POLICY NUMBER One City Boulevard West, Suite 1800 Orange CA 92868 CARRIER I NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability (03/16) HOLDER: City of Huntington Beach ADDRESS: 2000 Main Street Huntington Beach CA 92648 Page As respects General Liability coverage, The City of Huntington Beach, its officers, elected or appointed officials, employees, agents, volunteers, are added as Additional Insured per CG20101219 and CG20371219 attached, and this insurance is primary per CG20011219 attached. of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD ADDENDUM 7451644D I 22-23 A/G/U/Poll/E&O 23-24 WC I Jennifer Barton I 5/23/2023 9:33:46 AM (PST} I Page 2 of 3 257 EEC Environmental dba: Environmental Engineering & Contracting, Inc. GLP2006942-20 COMMERCIAL GENERAL LIABILITY CG 20 0112 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 011219 © Insurance Services Office, Inc., 2018 74516440 I 22-23 A/G/U/Poll/E&O 23-24 WC I Jennifer Barton I 5/23/2023 '1:33:46 AM (PST) I Page 3 of 3 Page 1 of 1 258 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND GHD, INC. FOR ON-CALL ENVIRONMENTAL ENGINEERING CONSULTING TIIIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and GHD, INC., a California Corporation hereinafter refe1Ted to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide on-call General Environmental Engineering Consulting; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULT ANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: l. SCOPE OF SERVICES CONSULT ANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULT ANT hereby designates William Silva who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 22-11727/289585 l of 17 259 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on __________ , 20 __ (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than three (3) years from the Commencement Date. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULT ANT. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 4. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULT ANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Six Hundred Thousand Dollars ($600,000.00). 5. EXTRA WORK In the event CITY reqrnres additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 22-11727/289585 2 of 17 260 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULT ANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, repmts, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULT ANT shall turn these materials over to CITY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS A. CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULT ANT's ( or CONSULT ANT's subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSUL TANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULT ANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insnrance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULT ANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: 22-11727/289585 3 of 17 261 "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULT ANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, inclnding the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULT ANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance 22-11727/289585 4 of 17 262 policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSUL TANT agrees to purchase au extended rcp01iiug provision of at least two (2) years to report claims arising from work performed iu connection with this Agreement. If CONSUL TANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULT ANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULT ANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: 22-11727/289585 A. B. provide the name and policy number of each carrier and policy; state that the policy is currently in force; and 5 of 17 263 C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (I 0) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULT ANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSUL TANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSUL TANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and worlananlike manner. CITY may terminate CONSUL TANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall he made in writing, notice of which shall be delivered to CONSUL TANT as provided herein. In the 22-11727/289585 6 of 17 264 event of termination, all finished and nnfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULT ANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set fo1ih in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, ce1iificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall wanant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULT ANT may designate different addresses to which subsequent notices, ce1iificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: 22-l 1727/289585 7 of 17 265 TO CITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: GHD, Inc. ATTN: William Silva 320 Goddard Way, Suite 200 Irvine, CA 92618 When CITY's consent/approval 1s required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the begi1ming of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the patties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or 22-11727 /2895 85 8 of 17 266 neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULT ANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULT ANT. 22-11727/289585 9 of 17 267 24. ATTORNEY'S FEES In the event suit is brought by either patty to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing patty. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed iu accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and wanants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties aclmowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity lo consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that pmty has not executed this Agreement in reliance on any representation, inducement, promise, agreement, wananty, fact or circumstance not expressly set forth in this 22-11727/289585 10 of 17 268 Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the paiiies respecting the subject matter hereof. 29. GENERAL PRINCIPALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULT ANT shall comply generally accepted accounting principles and good business practices. CONSULT ANT shall, at its own expense, furnish all cost items associated with the proposed services except as specified to be furnished by City. CONSULT ANT shall retain financial records, supporting documents, statistical records, and all other records pertinent to the proposed services for a period of a minimum of three (3) years from the expiration of the term of the Master Agreement. CONSULT ANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. 30. NON-DISCRJMINATION CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULT ANT shall take reasonable measures to safeguard protected personally identifiable information and other information designated as sensitive or is considered sensitive consistent with laws regarding privacy and responsibility over confidentiality. CONSULT ANT shall ensure that services and facilities are provided without regard to ethnic group identification, race, color, national origin, creed, religion, age, sex, physical or mental disability, political affiliation, or marital status in accordance with applicable laws, including, but not limited to, Title VI of the Civil Rights Act of 1964 (42 U.S.C. 200-d); Section 162 (a) of the Federal-Aid Highway Act of 1973 (23 U.S.C. 324); Section 504 of the Rehabilitation Act of 1973; the Civil Rights Restoration Act of 1987 (P .L. 100-209); Executive Order 12898 (February 11, 1994); Executive Order 13166 (August 16, 2000); Title VII of the Civil Rights Act of 22-11727 /289585 11 of 17 269 1964 (42 U.S.C 2000-d); the Age Discrimination Act of 1975 (42 U.S.C. 6101); Article 9.5, Chapter I, Part I, Division 2, Title 2 (Section 11135, et seq) of the California Government Code; Title 9, Chapter 4, Subchapter 6 (Section 10800, et seq) of the CCR and California Department of Social Services Manual of Policies and Procedures (CDSS MPP) Division 21. CONSULT ANT shall ensure that proposed activities be accomplished in an equitable and impartial manner so that no person shall be excluded because of race, color, gender, or national origin from participation in, or be denied the benefits, or any program or activity for which federal financial assistance is received (31 CFR Part 22). 31. MBE AND WBE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage the participation of disadvantaged, minority and women owned business enterprises in the City's procurement process. CONSULT ANT agrees to use its best efforts to carry out this policy when sourcing the use of outside consultants, advisors and contractors to the fullest extent practicable, consistent with the efficient performance of a contract. CONSULTANT may rely on written representations by consultants, advisors and contractors regarding their status. CONSULT ANT shall repo11 to the City the names of all consultants, advisors and contractors hired for the proposed services and information on whether or not they are a disadvantaged, minority or women-owned business enterprise, as defined in Section 8 of the Small Business Act (15 U.S.C. Sec. 637). CONSULTANT shall, in accordance with 2 CFR 200.321, take affirmative steps to include minority business, women's business enterprises, and labor surplus area firms when sourcing the use of outside consultants, advisors, and contractors for a contract by: 22-11727/289585 (a) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 12 of 17 270 32. (b) Assuring that small and minority businesses and women's business enterprises are solicited whenever they are potential sources; ( c) Dividing total requirements, when economically feasible, into smaller tasks or quantities to pe1mit maximum participation by small and minority businesses and w0111en's business enterprises; ( d) Establishing delivery schedules, where the requirements permit, which encourage participation by small and minority businesses and women's business enterprises; and ( e) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. DOMESTIC PREFERENCE CERTIFICATION FOR FEDERAL-AID CONTRACTS It is the policy of the City to encourage a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section mnst be included in all subawards including all contracts and purchase orders. CONSULTANT agrees to use its best efforts to comply with 2 CFR 200.322 to the fullest extent possible consistent with the efficient performance of a contract. 33. RECOVERED MATERJALS CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT shall comply with 2 CFR 200.322 and procure only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a 22-I l 727 /2895 85 13 of 17 271 satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000. CONSULTANT certifies that the percentage of recovered materials to be used in the perf01mance of this Agreement will be at least the amonnt required by applicable specifications or other contractual requirements. For contracts over $100,000 in total value, CONSULTANT shall estimate the percentage of total material utilized for the performance of the project that is recovered materials and shall provide such estimate to City upon request. 34. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT CERTIFICATION FOR FEDERAL-AID CONTRACTS CONSULTANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §§ 7401-7671q. CONSULTANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. CONSUL TANT agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act as amended (33 U.S.C. §§ 1251-1387). CONSULT ANT agrees to report each violation to the USDA and the appropriate EPA Regional Office. 35. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS PRIMARY COVERED TRANSACTIONS This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 13 CFR Part 145. The regulations were published as Part VII of the May 26, 1988 Federal Register (pages 19160-19211). I. The prospective primary participant certifies to the best of its knowledge and belief that it and its principals: 22-1 I 727 /2895 85 14 of 17 272 (a) Are not presently debarred, suspended, proposed for disbarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three-year period preceding this application been convicted of or had a civil judgement rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this ce1iification; and ( d) Have not within a three-year period preceding this application had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective primary participant shall attach an explanation to this certification. Indicate to whom it applies, initiating agency, and dates of action. 36. NON-LOBBYING CERTIFICATION FOR FEDERAL AID CONTRACTS The prospective participant certifies, by signing and submitting this document, to the best of his or her lmowledge and belief, tbat: 22-l l 727/289585 (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an 15 of 17 273 officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an ofiicer or employee of Congress, or an employee of a Member of Congress 111 connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The prospective patiicipant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly. 37. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. 22-11727/289585 16 of! 7 274 CONSULTANT, GHD, INC. print name ITS: (cil'cle one) Chairman/Pres ident/Vice President AND CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: By: __ ---'-~-=+.-L--------- k 1t?t Bool<ei- print name ITS: (circle one) Secretary/Chief Financial Officcre ~Treas urer 22-11727/289585 Director of Public Works REVIEWED AND APPROVED: City Manager 17 of 17 275 EXHIBIT "A" General I. Prepare, assist, and review Preliminary Environmental Studies. 2. Review of project plans and specifications. 3. Perform field investigations. 4. Provide site assessment and preliminary studies. 5. Prepare and review engineering analysis reports. 6. Prepare and review technical and research studies. 7. Process and review Grant and Federal Funding Applications. 8. Assist in the development of City specifications. 9. Provide training to City staff on various environmental review processes. Water Quality 1. Assist in reviewing, evaluating, and recommending various Low Impact Development BMPs for storm water systems. 2. Perform commercial/industrial water quality inspections for compliance with latest NPDES regulations. 3. Perform inspections of food service establishments under the Fats, Oils, & Grease (FOG) Control Program. 4. Assist in reviewing and preparing documentations in various aspects of water discharge permits from applicable regulatory agencies. Monitoring and Inspections 1. Perform maintenance, monitoring, and inspections of City's facilities in accordance to requirements by various applicable regulatory agencies. 2. Provide testing and sampling of various constituents and media. Studies and Reports 1. Prepare reports and studies that utilize sound practical environmental engineering analysis and principles. 2. Prepare documentations that comply with applicable regulatory agency requirements for permitting. 3. Review 3rd patty repmis and studies and provide City staff with comments and recommendations. Grant Applications 1. Assist in preparing various grant applications to obtain additional sources of funding for various proposed City projects. EXHIBIT A 276 Preliminary Engineering I. Perform site investigation, prepare alternatives by providing recommendations and analyses that describes the advantages of each alternative, and prepare estimates of probable cost for each alternative. 2. Prepare Preliminary plans, cost estimates, engineering details, and support calculations. Construction Documents 1. Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. Permits 1. Assist in obtaining approvals from applicable regulatory agencies for environmental, and/or other permits as may be required. Bidding Stage I. Assist the City in answering bidders' questions, attend pre-bid conferences, and job walks, prepare addendums, and analyze bids. Construction Stage I. Attend pre-construction conferences. 2. Monitor construction schedule, visit construction sites as required for progress and quality of evaluation. 3. Assist the engineer, contractor, construction manager/contract administrator, and inspector with interpretation of plans and specifications, analysis of changed conditions, development of corrective action, review of shop drawings and other submittals, and the review and negotiation of change orders. 4. Prepare "as-built" drawings. EXHIBIT A 277 EXHIBIT "B" Payment Schedule (Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon the following hourly rate and cost schedule: SEE ATTACHED EXHIBIT B B. Travel Charges for time during travel are not reimbursable. C. Billing 1. All billing shall be done monthly in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULT ANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 4. CONSULT ANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULT ANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULT ANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY, Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. 278 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be umeasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apmi from the ongoing performance of the remainder of this Agreement. 279 → The Power of Commitment RFQ No. March 15, 2022 City of Huntington Beach | Public Works Department On-Call Engineering Services Category E: Environmental Engineering Rate Sheet/10-Ks ' ., : :: . ~ 'J ~ f i '' 280 Finance Class Code Name Technical Director 200.00$ -280.00$ Professional 115.00$ -175.00$ Design Technician 135.00$ -255.00$ Drafting/Design 85.00$ -125.00$ Business Services Manager 210.00$ -275.00$ Admin Officer 75.00$ -215.00$ Construction Manager 205.00$ -250.00$ Engineer/Supervisor 150.00$ -200.00$ Inspector/Specialist 80.00$ -165.00$ Operator/Labourer 95.00$ -125.00$ 1 2 3 4 5 6 7 8 Associated project cost (APC) will be invoiced at the following rate: b. Field Services/Construction Inspector APC: $11.50 / labor hour GHD has implemented a system of billing for consumables on a per hour basis. Associated Project Cost (APC) is a unit cost replacing the individual tracking of some of the consumable costs directly related to projects. Each year the total consumable audited costs are compiled from our general ledger including: - Office consumables including engineering supplies and postage - Reproduction consumable costs including equipment lease and maintenance, printing, and - Communication consumables including telephone expenses - Equipment consumable including CADD, software, and IT expenses FY2022 US West Region Fee Schedule * Fee Range Rates are for employees of all GHD companies. All travel cost will be invoiced at coach class rates. Lodging and meal expenses will be at cost unless per diem rate is negotiated. Reimbursement for direct expenses incurred for proposed services, including sub-consultant services, will be billed at cost plus 15% a. General Associated Project Charges APC: $6.50 / labor hour or 4% of labor costs Reimbursement for vehicles used for proposed services will be at the federally approved mileage rates or at a negotiated monthly rate. Overtime for non-exempt employees will be charged at 1.5 times the hourly billing rate. If prevailing wage are applicable, the above billing rates and APC will be adjusted proportionate to the increase in labor cost The Rate Schedule is subject to change annually 281 The following Bargas Environmental Consulting fee schedule is effective January 1, 2020 Bargas Environmental Consulting Fee Schedule LABOR CATEGORY HOURLY RATE Principal $225 Senior Project Manager/Senior Technical Specialist $200 Project Manager/Technical Specialist VI $175 Technical Specialist V $165 Technical Specialist IV $150 Technical Specialist III $135 Technical Specialist II $125 Technical Specialist I $105 GIS/Mapping Specialist $115 Field Technician $85 Project Assistant $85 OTHER DIRECT COSTS RATE Mileage (Current IRS Rate) Per Diem (meals and lodging) Standard Government Rates or as Negotiated Equipment (including rental) As Negotiated Administration – including mark-up on subconsultants Actual + 10% BARGAS Environmental Consulting 282 5434 Ruffin Road  San Diego, CA 92123  Tel: (858) 560-5465  Fax: (858) 560-7779 Schedule of Fees Billing Rates: as of January 1, 2020 Consulting $/Hour Principal Consultant $249 Associate Principal $169 Senior Biologist/Scientist $135 Associate Biologist/Scientist $108 GIS Specialist $105 Project Administrator $105 Biological Technician $95 Revegetation Crew Leader $78 Clerical Support $75 Revegetation Technician $63 Expert Witness $375 Sub-consultants Cost + 15% Mileage Federal MERKEL & ASSOCIATES, INC. 283 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System EXHIBIT 10-KCONSULTANT ANNUAL CERTIFICATION OF INDIRECT COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required.) Consultant’s Full Legal Name: Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall not be combined with its parent company or subsidiaries. Indirect Cost Rate: Combined Rate % OR Home Office Rate % and Field Office Rate (if applicable) % Facilities Capital Cost of Money % (if applicable) Fiscal period * * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate is based on the consultant’s one-year applicable accounting period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal period as specified above and have determined to the best of my knowledge and belief that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with the cost principles of the Federal Acquisition Regulation (FAR) 48, Code of Federal Regulations (CFR), Chapter 1, Part 31 (48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts. • All known material transactions or events that have occurred subsequent to year-end affecting the consultant’s ownership, organization, and indirect cost rates have been disclosed as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A. Financial Management System: Our labor charging, job costing, and accounting systems meet the standards for financial reporting, accounting records, and internal control adequate to demonstrate that costs claimed have been incurred, appropriately accounted for, are allocable to the contract, and comply with the federal requirements as set forth in Title 23 United States Code (U.S.C.) Section 112(b)(2); 48 CFR Part 31.201-2(d); 23 CFR, Chapter 1, Part 172.11(a)(2); and all applicable state and federal rules and regulations. Our financial management system has the following attributes: • Account numbers identifying allowable direct, indirect, and unallowable cost accounts; • Ability to accumulate and segregate allowable direct, indirect, and unallowable costs into separate cost Page 1 of 2 March 2018 GHD Inc. 182.63 7/1/2020 - 6/30/2021 284 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; •Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; •Internal controls to maintain integrity of financial management system; •Ability to account and record costs consistently and to ensure costs billed are in compliance with FAR; •Ability to ensure and demonstrate costs billed reconcile to general ledgers and job costing system; and •Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Federal-Aid Highway Program (FAHP) contracts may result in possible penalties and sanctions as provided by the following: •Sanctions and Penalties -23 CFR Part 172.11(c)(4) •False Claims Act -Title 31 U.S.C. Sections 3729-3733 •Statements or entries generally -Title 18 U.S.C. Section 1001 •Major Fraud Act -Title 18 U.S.C. Section 1031 All A&E Contract Information: •Total participation amount $______________ on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods. •The number of states in which the consultant does business is . •Years of consultant’s experience with 48 CFR Part 31 is . •Audit history of the consultant’s current and prior years (if applicable) ☐Cognizant ICR Audit ☐Local Gov’t ICR Audit □Caltrans ICR Audit ☐Federal Gov’t ICR Audit☐CPA ICR Audit I, the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Title 23 U.S.C. Section 112(b)(2), 48 CFR Part 31, 23 CFR Part 172, and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by the consultant. I hereby acknowledge that costs that are noncompliant with the federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: _ Title**: Signature: Date of Certification (mm/dd/yyyy): Email**: Phone Number**: **An individual executive or financial officer of the consultant’s or subconsultant’s organization at a level no lower than a Vice President, a Chief Financial Officer, or equivalent, who has authority to represent the financial information used to establish the indirect cost rate. Note: Both prime and subconsultants as parties of a contract must complete their own Exhibit 10-K forms. Caltrans will not process local agency’s invoices until a complete Exhibit 10-K form is accepted and approved by Caltrans Audits and Investigations. Distribution: 1) Original -Local Agency Project File 2) Copy -Consultant 3) Copy -Caltrans Audits and Investigations Page 2 of 2 March 2018 15,889,991.00 48 26+ ✔ Regional Finance ManagerFreny Shah 02/04/2022 949-585-5237freny.shah@ghd.com □ □ □ □ □ 285 RFQ -On-Call Consultant Services Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification oflndirect Costs and Financial Management System EXHIBIT 10-KCONSULTANT ANNUALCERTIFICATIONOF INDIREC T COSTS AND FINANCIAL MANAGEMENT SYSTEM (Note: If a Safe Harbor Indirect Cost Rate is approved, this form is not required) Consultant's Full Legal Name: Bargas Environmental Consulting, LLC Important: Consultant means the individual or consultant providing engineering and design related services as a party of a contract with a recipient or sub-recipient of Federal assistance. Therefore, the Indirect Cost Rate(s) shall n ot be combined with its parent company or subsidiaries. Indjrect Cost Rate· Combined Rate 110 .17 % OR ----------- Home Office Rate ___________ % and Field Office Rate (if applicable) _________ % Facilities Capital Cost of Money _____ % (if applicable) Fiscal period * 01/01/2021 -12/31/2021 * Fiscal period is annual one year applicable accounting period that the Indirect Cost Rate was developed (not the contract period). The Indirect Cost Rate i s based on th e consultant's one-year applicabl e accountin g period for which financial statements are regularly prepared by the consultant. I have reviewed the proposal to establish an Indirect Cost Rate(s) for the fiscal pe riod as specified above and have d etermined to the b est of my knowledge and beli ef that: • All costs included in the cost proposal to establish the indirect cost rate(s) are allowable in accordance with th e cost principles of the Federal Acquisition Regulation (FAR) 4 8, Co de of Federal Regulations (CFR), C hapter 1, Part 31 ( 48 CFR Part 31); • The cost proposal does not include any costs which are expressly unallowable under the cost principles of 48 CFR Part 31; • The accounting treatment and billing of prevailing wage delta costs are consistent with our prevailing wage policy as either direct labor, indirect costs, or other direct costs on all federally- funded A&E Consultant Contracts. • All known material trans actions or events that have oc curred subs equent to year-end affecting t he consultant's ownership, organization, and indirect cost rates h ave b een discl ose d as of the date of this certification. I am providing the required and applicable documents as instructed on Exhibit 10-A . F inancia l Management System: Our l abor charging, job costing, and accounting systems meet the standards for financial repo rting, accounting records, and i nternal control adequate to demonstrate that costs claimed have b een incurred, appropriately accounted for, are allocable to the contract, and comply with the fe deral requirements as set fo rth in Titl e 23 United States Code (U.S.C.) Secti on 11 2 (b)(2 ): 48 CFR Part 3 1.201 -2(d); 23 CFR, Chapter 1, Part 172.ll(a)(2): a nd all applicable state and federal rules and r egul ations . Our financial managem ent system has the foll owing attributes: • Account numbers identify ing allowable direct, indirect, and unallowable cost acco unts; • Ability to acc umulate and segregate all owable direct, indirect, and unall owable costs into separate cost Page 1 of2 March2018 286 Local Assistance Procedures Manual Exhibit 10-K Consultant Annual Certification of Indirect Costs and Financial Management System accounts; • Ability to accumulate and segregate allowable direct costs by project, contract and type of cost; • Internal controls to maintain integrity of financial management system; • Ability to account and r ecord costs consistently and to en sure costs billed are in complian ce with FAR; • Ability to ensure and demonstrate costs billed reconcile to general ledgers and j ob costing system; and • Ability to ensure costs are in compliance with contract terms and federal and state requirement Cost Reimbursements on Contracts: I also understand that failure to comply with 48 CFR Part 16.301-3 or knowingly charge unallowable costs to Fed eral-Aid Highway Program (F AHP) contracts may result in possible p enalties and san ctions as provided by the following: • Sanctions and Penalties -23 CFRPart 172.1 l(c)(4) • False Claims Act -Title 31 U.S.C . Sections 3729-3733 • Statements or entries generally-Title 18 U.S.C . Section 1001 • Major Fraud Act -Title 18 U.S.C . Section 1031 All A&E Contract Information: • Total participation amount$ 1,826,079 on all State and FAHP contracts for Architectural & Engineering services that the consultant received in the last three fiscal periods . • The number of states in which the consultant does business is_3 __ _ • Years of consultant's experience with 48 CFR P art 31 is_4 ___ _ • Audit history of the consultant's current and prior years (if applicable) □ Cognizant ICR Audit □ Local Gov 't ICR Audit ~Caltrans I CR Audit □ CPA ICR Audit □ Federal Gov't ICR Audit I , the undersigned, certify all of the above to the best of my knowledge and belief and that I have reviewed the Indirect Cost Rate Schedule to determine that any costs which are expressly unallowable under the Federal cost principles have been removed and comply with Ti tle 23 U.S .C . Section 11 2(b)(2), 48 CFRPart 3 1, 23 CFRPart 172 , and all applicable state and federal rules and regulations. I also certify that I understand that all documentation of compliance must be retained by t he consultant. I h ereby acknowledge that costs that are noncompliant with th e federal and state requirements are not eligible for reimbursement and must be returned to Caltrans. Name**: Ang.ePaoli Signature!\n gela D:;:;14,202211:45 PDT) Email**: adepaoli@bargasconsulting.com Title**: President Date of Certification (mm/dd/yyyy): Mar 14, 2022 Phone Number**: (916) 993-9218 ** An individu al exeru tive or financial officer of the consultant's or subconsultant 's organization at a leve l no lower than a Vice President, a ChiefFinancial Officer, or equivalent, who has authority to repres ent the financial infonnation used to estab lish the in direct cost rate. Note: Bot/, prime and subconsultants as parti,es of a contract must complete tlieir own Exliibit 10-Kforms. Ca/trans will no t process local agency's invoices until a complete Exhib it 10-Kform is accepted an d approved by Ca/trans Audits and Investigations. Distribution: I) Original -Local Agency Project File 2) Co py -Consu ltant 3) Copy -Caltrans Audits and Investigation s Page 2 of2 March2018 287 Bargas City of Huntington Beach 10-K 2022-03-14 Final Audit Report 2022-03-14 Created: 2022-03-14 By: Romy Couto (rcouto@bargasconsulting.com) Status: Signed Transaction ID: CBJCHBCAABAAtgKP38KtktoPZ38Npwbf1QncOfgAPEDd "Bargas City of Huntington Beach 10-K 2022-03-14" History 'El Document created by Romy Couto (rcouto@bargasconsulting.com) 2022-03-14 -6: 10:06 PM GMT-IP address: 65.172.72.202 q Document emailed to Angela De Paoli (adepaoli@bargasconsulting.com) for signature 2022-03-14-6:11:13 PM GMT 'El Email viewed by Angela DePaoli (adepaoli@bargasconsulting.com) 2022-03-14 -6:44:39 PM GMT-IP address: 104.28.85.213 ~ Document e-signed by Angela DePaoli (adepaoli@bargasconsulting.com) Signature Date: 2022-03-14 -6:45:03 PM GMT -Time Source: server-IP address: 174.195.201.234 0 Agreement completed. 2022-03-14 -6:45:03 PM GMT D Adobe Sign 288 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Merkel 03/14/2022 858-560-5465bmerkel@merkelinc.com □ □ □ □ □ 290 ~ Page 1 of~ 1fi, • ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YtTIJ I.-----' 06/15/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsemenHs). PRODUCER ~2il1~CT Willia Towers Watson Certificate Center Willis Towers Watson Northeast, Ina. PHgNj0 E ·"· 1-877-945-7378 Irie~ Nol: 1-888-467-2378 c/o 26 Century Blvd 1t1lJ~ss: certifioatea@willis.com P.O. Box 305191 Nashville, TN 372305191 USA INSURER'S\ AFFORDING COVERAGE NAIC# INSURER A: Allied World Assurance Company us Inc 19489 INSURED INSURER e: Zurich American Insurance Company 16535 GHD Inc, 4747 N. 22nd Street, Suite 200 INSURERC: Beazley Insurance Company Ina 37540 Phoani~, AZ 85016 INSURER D; INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· w29316236 REVISION NUMBER" THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. UM!TS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,t~rJ%MVv, I ,~~~6%)'.My, LIMITS LTR , ....... '""'0 POU CY NUMBER X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -D CLAIMS-MADE [RI OCCUR ~~~a IS is 9E~~~~~~enca I s 1,000,000 ~ A MED EXP (Any one neraonl ' 25,000 '""-0310-4497 12/01/2022 12/01/2023 PERSONAL & ADV INJURY ' 1,000,000 I- ~'l AGGHEGATE LIMIT APPLIES PER GENERAL AGGREGATE ' 2,000,000 [ill PRO" □ PRODUCTS -COMP/OP AGG $ 2,000,000 POLICY JECT LOG OTHER: s AUTOMOBILE LIABILITY YE~t.~~Nd~~l~INGLE LIMIT s 1,000,000 ~ 2$. ANY AUTO 80Dl l Y INJURY (Per person) s B OWNED -SCHEDULED AUTOS ONLY AUTOS BAP 3757423-08 07/01/2023 07/01/2024 8001l Y INJURY (Per accident) $ x HIRED :x NON-OWNED ffe~:~J"Xf?AMAGE ' x clUI0/1.ll~'?,oc X b,'1,j,O§.'a'/'¥,so Hired Physical Damag $ 100,000.00 UM8RELLALIAB HOCCUR EACH OCCURRENCE s f-- EXCESSLIAB CLAIMS-MADE AGGREGATE ' OED I I RETENTION$ ' WORKERS COMPENSATION XI ~f~TUTE I I OTH- ANO EMPLOYERS' LIABILITY ER YIN • ANYPROPR!ETOR/PARTNERJEXECUTIVE El EL EACH ACCIDENT s 1,000,000 OFFlCERIMEMBEREXCLUDED? NIA WC 0380936-08 07/01/2023 07/01/2024 (Mandatory In NH) EL DISEASE -EA EMPLOYEE $ 1,000,000 If yos, doscribo under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT ' 1,000,000 C Professional Liability V29594220401 12/01/2022 12/01/2023 Each Claim: $1,000,000 Aggregate: $2,000,000 DESCR1PTION OF OPERATIONS/ LOCATIONS /VEHICLES (ACORD 101, Addll!onal Remarks Schedule, maybe altached II more space Is required) on-Call General Engineering Consulting. ::~R~FO, MICHAEL E. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE City of Huntington Beaoh gl<L« mJ? l'IW<A0-2000 Main street Huntington Beaoh, CA 92648 © 1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID; 24282569 BATCH: 3015460 291 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City’s annual Capital Improvement Program projects using state or federal funding sources. VENDOR: CWE OVERALL RANKING: 1 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 85.3 CWE – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Understanding of Work to be Done 21.7 25 Experience with Similar Kinds of Work 17.3 20 Staffing 12.7 15 Capability of Developing Innovative or Advanced Techniques 710 Familiarity with State and Local Procedures 9.3 10 Financial Responsibility 10 10 Demonstrated Technical Ability 7.3 10 Total 85.3 100 II. DUE DILIGENCE REVIEW  Interview Ranking: N/A CWE – Summary of Review  Great staffing experience with related projects / work  Experience with current state and local procedures excellent CWE – Pricing  Low end from $87/hr (CADD Designers)  High end to $294/hr for 3-person survey crew or $283 for Principal Engineer --==---- - 292 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City’s annual Capital Improvement Program projects using state or federal funding sources. VENDOR: Environmental Engineering & Contracting, Inc. OVERALL RANKING: 2 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 83.3 EEC – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Understanding of Work to be Done 23.0 25 Experience with Similar Kinds of Work 18.7 20 Staffing 11.7 15 Capability of Developing Innovative or Advanced Techniques 6.7 10 Familiarity with State and Local Procedures 10 10 Financial Responsibility 4.6 10 Demonstrated Technical Ability 8.6 10 Total 83.3 100 II. DUE DILIGENCE REVIEW  Interview Ranking: N/A EEC – Summary of Review  Great experience with related projects / work  Experience with current state and local procedures excellent  Great demonstrated technical ability EEC – Pricing  Low end from $95/hr (Construction Tech)  High end $265 for Principal Engineer 293 PROFESSIONAL SERVICE AWARD ANALYSIS SERVICE: On-Call Environmental Engineering SERVICE DESCRIPTION: Environmental engineering support for City’s annual Capital Improvement Program projects using state or federal funding sources. VENDOR: GHD, Inc. OVERALL RANKING: 3 out of 6 SUBJECT MATTER EXPERTS/RATERS: 1. Environmental Services Manager 2. Environmental Specialist 3. Environmental Specialist I. MINIMUM QUALIFICATIONS REVIEW  Written Proposal Score: Ave. of 79.0 GHD – Minimum Qualifications Review Criteria Total Weighted Score Maximum Score Understanding of Work to be Done 21.7 25 Experience with Similar Kinds of Work 15.7 20 Staffing 10.3 15 Capability of Developing Innovative or Advanced Techniques 7.3 10 Familiarity with State and Local Procedures 8.0 10 Financial Responsibility 9.3 10 Demonstrated Technical Ability 6.7 10 Total 79.0 100 II. DUE DILIGENCE REVIEW  Interview Ranking: N/A GHD – Summary of Review  Great understanding of work to be done  Good experience with similar kinds of work  Good understanding of local, state, federal procedures. GHD – Pricing  Low end from $75 for Admin Officer  High end to $280/hr for Technical Director 294 On-Call Environmental Engineering Federally-Compliant Professional Services Contracts 295 On-Call Contract Need: • Environmental Engineering, Consulting, and Inspection of Local, State, and Federally-funded Projects and Programs • Example Project: Heil Avenue Storm Water Pump Station • Phase 2 Environmental Report Completed During Design • Provisions for compliance with state and federal law • Reimbursable under grants • Existing on-call contracts do not include these provisions, do not qualify for reimbursement 296 Details and Selected Firms: • 2022 RFP for Environmental Engineering Services • 6 firms submitted proposals • Qualifications-based selected procurement • GHD, Inc., CWE, Inc., and Environmental Engineering and Consulting, Inc., selected • $600k 3-year contracts – funded within each project’s or program’s existing CIP budget as needed • No additional funding necessary 297 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-978 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Management Aide Subject: Adopt Resolution No. 2023-49 concerning the 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. The annual M2 Turnback allocation is approximately $4 million for Fiscal Year 2023-24. Recommended Action: Adopt Resolution No. 2023-49, "A Resolution of the City Council of the City of Huntington Beach Concerning the Measure 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 $4 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. City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™298 File #:23-978 MEETING DATE:11/21/2023 There are no competitive criteria to meet, but there are administrative requirements to maintain 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 2022-23 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: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Resolution No. 2023-49, “A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach” 2. Fiscal Year 2022-23 M2 Expenditure Report 3. PowerPoint Presentation City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™299 RESOLUTION NO. 2023-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONCERNING THE MEASURE M2 EXPENDITURE REPORT FOR THE CITY OF HUNTINGTON BEACH WHEREAS, local jurisdictions are required to meet eligibility requirements and submit eligibility verification packages to Orange County Transportation Authority (OCTA) in order to remain eligible to receive M2 funds. Local jurisdictions are required to adopt an annual M2 Expenditure Report as part of one of the eligibility requirements. Local jurisdictions are required to account for Net Revenues, developer/traffic impact fees, and funds expanded by local jurisdiction in the M2 Expenditure Report that satisfy the Maintenance of Effort requirements; and The M2 Expenditure Report shall include all Net Revenue fund balances, interest earned and expenditures identified by type and program or project; and The M2 Expenditure Report must be adopted and submitted to the OCT A each year within six months of the end of the local jurisdiction's fiscal year to be eligible to receive Net Revenues as part ofM2. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Huntington Beach does hereby inform OCTA that: a) The M2 Expenditure Report is in conformance with the template provided in the Measure M2 Eligibility Guidelines and accounts for Net Revenues included interest earned, expenditures during the fiscal year and balances at the end of fiscal year. b) The M2 Expenditure Report is hereby adopted by the City of Huntington Beach. c) The City of Huntington Beach Finance Director is hereby authorized to sign and submit the M2 Expenditure Report to OCTA for the fiscal year ending 2023. 23-13528/320493 I 300 Resolution No. 2023-49 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2023. Mayor REVIEWED AND APPROVED: City Manager Cit Attorney (~TIATED AND APPROVED: 22-12065/294662 2 301 City of Huntington Beach M2 Expenditure Report Fiscal Vear Ended June 30, 2023 Beginning and Ending Balances Description Balances at Beginning of Fiscal Year A-M Freeway Projects 1 $ 0 Regional Capacity Program (RCP) 2 $ p Regional Traffic Signal Synchronization Program (RTSSP) 3 $ O, __ Local Fair Share 4 $ .•. R _rliJ.lh Freauency Metrolink Service s $ s Transit Extensions to Metrolink 6 $ T Convert Metrolink Station(s) to Regional Gateways that co_nnect Orange C_ountl with High:Speed Rail Systems 7 $ u Senior Mobility Program or Senior Non-Emergency Medical Program 8 $ V Community Based Transit/Circulators 9 $ .O-,•-"-··-"· w Safe Transit Stops 10 $ X Environmental Cleanup Program (Water Qua_lity) 11 $ other* 12 Balances at Beginning of Fiscal Year 13 _$ i Monies Made Available During Fiscal Year 14 $ Total Monies Available (Sum Lines 13 & 14) 15 $ i Expenditures During Fiscal Year 16 $ Balances at End of Fiscal Year A-M Freeway Projects 17 0 Regional Capacity Program (RCP) 18 $ p Regional Traffic Signal Synchronization Program (RTSSP) 19 _ _!?, __ Local Fair Share 20 $ R High Frequency Metrolink Service 21 s Transit Extensions to Metrolink 22 T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems 23 ____ , __ u Senior Mobility Program or Senior Non-Emergency Medical Program 24 $ V Communitv Bas_ed Transit/Circulators 25 w Safe Transit Stops 26 X Environmental Cleanup Program (Water Quality) 27 $ other* 28 $ * Please provide a specific description Schedule 1 -$ - (89,351) $ 147 -$ - 3,195,140 $ -.. -$ - -$ - -$ - 115,543 $ - (49,891) $ - -$ - 330,527 $ 847 $ - 3,501,968 $ 994 4,901,379 $ 59,482 8,403,347 $ 60,476 4,099,587 $ 59,482 (89,351) $ 147 3,928,309 184,166 --.,----- 330,527 $ 847 - Please note -on the beginning balance of Local Fair Share we have added $7,034 from the "other" ending balance from FY 21-22, As noted on the 21-22 report this was a transfer from other funds to reconcile payments miscoded to M2. 302 City of Huntington Beach M2 Expenditure Report Fiscal Year Ended June 30, 2023 Sources and Uses Schedule 2 Description Revenues: ~ A-M Freeway Projects 1 $ -$ O Regional Capacity Program (RCP) ---f--~ P £1~gional Traffic Signal Synchronization Program (RTSSP) Q Local Fair Share ~-- R _rligh Frequency_:.:M:.ce:..:tc:ro"'li'-'n"-k "'Se:::r_,_vi.__,ce--___ ____________ 1--~- S Transit Extensions to Metrolink 2 $ -$ 3 } -$ =··· 4 } 4,565,132 $ 5 $ -_$ - 6 $ -$ ---·-·- Convert Metrolink Station(s) to Regional Gateways that connect T 7 $ -$ Orange County with High-Speed Rail Systems -·-·· ···1---=---:__ _ _:::___:_ __ __: _____ ~---+-----1~----+ U Senior Mobility Program or Senior Non-Emergency Medical Program 8 $ 336,247 $ V Community Based Transit/Circulators 9 $ - W Safe Transit Stops 10 $ - X Environmen_tal Cleanup Prn"'grc:ac.:m;..:("W"'a;..:t_;;;er'-Q"'u;;;;aocl~ity,_,) _______ --4._=-l~-----11 $ - Other* 12 $ - TOTAL REVENUES (Sum lines 1 to 12) 13 $ 4,901,379 Expenditures: A-M Freeway Projects 14 $ -- 0 Regional Capacity Prog'-'ra"'m"-"(R:..:C;:_P,_) -------------+-=--+~-----15 $ - ? Regional Traffic Signal Synchronization Progr_a~m~(LR'-TS~S'-PL) _____ +-~~+~-----16 $ - $ ···Q .... Local Fair Share ___ B_ __ High Frequency Metrolink Service S Transit Extensions to Metrolink Convert Metrolink Station(s) to Regional Gateways that connect T -···· ... Orange County with High-Speed Rail Systems __ u ... Senior Mobility Program or Senior Non-Emergency Medical Program __ y ... Community Based Transit/Circulators W Safe Transit Stops X Environmental Cleanup Program (Water Quality) Other* TOTAL EXPENDITURES (Sum lines 14 to 25) TOTAL BALANCE (Subtract line 26 from 13) * Please provide a specific description 17 3,831,963 18 $ - 19 $ - 20 $ - 21 $ 267,624 22 $ - 23 $ - 24 $ - 25 $ - 26 $ 4,099,587 27 $ 801,792 $ $ .t ..... $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ - - - 57,314 - - - 2,168_ - - - - 59,482 - - - 57,314 - - - 2,168 - - - - 59,482 - 303 City of Huntington Beach Type of Expenditure Indirect and/or Overhead ... Construction & Right-of-Way New Street Construction Street Reconstruction s;gnals, Safety Devices, & Street Lights Pedestrian Ways & Bikepaths ----------------------------Storm Drains Storm Damage Total Construction1 -Right of Way Acquisition Total Construction & Right-of-Way Maintenance Patching ············-····-·-·····-. Overlay & Sealing -····-··-·-·----·-· ----.. --·-· -·--·-· . Street lights & Traffic Signals Storm Damage Other Street Purpose Majntenance Total Maintenance1 Other GRAND TOTALS \Sum Lines 1, 10, 16, 17) Finance Director Confirmation l Includes direct charges for staff time i Other M2 includes A-M, R,S,T,U,V, and W + Transportation related only ,. Please provide a specific description Une Developer/ No. MOE Impact Fees .. l $ 2,931,485 $ . 2 $ $ 3 $ 329,721 $ 4 $ 217,244 $ 46,849 .. ... -····-... ···--·-· 5 $ 304,84-0 $ --·--··-···-.. . ··-... ····-·····-...... 6 $ $ 7 $ $ 8 $ 851,805 $ 46,849 ···- 9 $ -$ 10 $ 851,805 $ 46,849 11 $ 230,952 t=::=:=; -...... ,--·--·----·- 12 $ 405,702 ·--··--·--·-· -· 13 $ 1,183,906 $ 14 $ $ . 15 $ 6,676,S33 $ :: ~ $ 8.497,0941 : 18 $ U,280,384 $ 46,849 0 M2 Expenditure Report Fiscal Year Ended June 30, 2023 Streets and Roads Detailed Use of Funds p p 0 Interest Interest Q $ $ $ $ $ 8,672 $ $ . $ $ $ $ $ -$ $ $ $ 576,147 $ -$ $ $ $ Is_ --I s $ --$ -$ 318,829 ·········-······-······-···-······-····-··· $ $ $ $ $ $ $ $ $ $ - $ -$ $ $ -$ 894,976 $ $ $ -$ $ $ $ $ -$ $ 894,976 Q X Interest $ $ - $ . $ - $ $ $ $ - . ···-····-··--···-.. $ -$ --··-···-···-··-.. . ..... ····-.. -·-····· $ $ $ -$ . $ $ $ $ $ $ J - $ $ $ -$ - $ - $ .... ... -.. ···-· ····-.... $ . $ . $ . $ 1,086,670 $ $ .•..•.... .••...•........ -·-···-·····-·-····-····-·-···-... -·-· ·-·--··-·-··-··--- $ $ $ . $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ $ 1,841,645 $ 57,314 $ $ $ $ $ $ 2,928,315 $ 57,314 $ $ $ $ $ $ $ - $ -$ $ $ $ 3,831,963 $ S7,314 $ - Schedule3 X Other Other MZ' M2 Other• TOTAL Interest Interest $ $ . $ $ l,15S,n3 $ 4,095,930 $ -$ -$ $ $ $ $ $ $ 260,953 $ 1,166,821 $ $ $ -$ 843,340 $ 1,107,434 ·'··············: $ -$ -$ " $ 623,73S I-.. _,,_ •. -... -· -.. ·--· ··---·---. -... ····-.. ····-··· ·-···-·-· ···--·-··-·- $ -$ -$ $ $ $ -$ $ $ -$ $ $ -1 $ $ 1,104,360 $ 2,897,990 $ $ -$ -$ $ $ $ . $ $ 1,104,360 $ 2,897,990 $ . $ $ $ $ 230,952 ... ··-···-···-··-·· •. -· ····-····-·· ·-----··-··---·--·· $ . $ • $ 1,700,863 $ 3,193,235 ·-·-··-····-..... . -····-··-· -··-----L •••••.•.• -··--··-··-·-· $ $ -$ $ 560,976 $ 1,744,883 $ $ . $ $ $ $ . $ -$ $ $ 8,575,493 $ $ -$ $ 2,261,839 $ 13,744,563 $ 267,624 $ 2,168 $ $ 269,792 $ . $ 267,624 $ 2,168 $ 4,521,972 $ 21,008,274 Any California State Constitution Article XIX streets and road eligible expenditure may be Ncounted" in local jurisdictions' calculation of MOE if the activrty is supported (funded) by a loeal jurisdictions' discretionary funds {e.g. general fund). The California State Controller also provides useful information on Article XIX and the Streets and Highways Code eligible expenditures in its "Guidelines Relating to Gas Tax Expenditures for Cities and Counties". l have reviewed 19 and am aware of these guidelines and their applieability in ealculati11g and reporting on Maintenance of Effort expenditures. Finance Director initial: <Z]_ I legend - Project · Oe$Crlption . . . A·M Freeway Projects 0 Regional Capacity Program {RCP) other expenditure funds are gas tax, prop 42 and RMRA p Regional Traffic Signal Synchronization Program (RTSSP} Q Local Fair Share R High Frequency Metrolink Service 5 Transit Extensions to Metrolink T Convert Metrolink Station(s) to Regional Gateways that connect Orange County with High-Speed Rail Systems u Senior Mobility Program or Senior Non-Emergency Medieal Program V Community Based Transit/Clrculators w Safe Transit Stops X Environmental Cleanup Program (Water Quality) 304 City of Huntington Beach General Street Maintenance Residential Pavement Pedestrian Improvement Arterial Rehabilitation '"''""' M2 Expenditure Report Fiscal Year Ended June 30, 2023 Local Fair Share Project List PROJECT NAME •=;,·.-,., _, .•. ,., Schedule4 AMOUNT EXPENDED $ 1,907,631 $ 1,086,670 $ 318,829 $ 576,147 --~~~-···. - "'"'"""''''"'" __ ,,,-~,-- ""'"' ____ --, ___ --·~-''"'"'"'""""'""'""' - -~-.. ---, .. """""-~ $ 3,889,277 305 City of Huntington Beach I hereby certify that: M2 Expenditure Report Fiscal Year Ended June 30, 2023 Signature Page i:1'AII the information attached herein and included in schedules 1 through 4 is true and accurate to the best of my knowledge; IZG-he interest earned on Net Revenues allocated pursuant to the Ordinance shall be expended only for those purposes for which the Net Revenues were allocated; □The City/County of Huntington Beach is aware of the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties", which is a guide for determining MOE Expenditures for M2 Eligibility purposes; dThe City/County's Expenditure Report is in compliance with direction provided in the State Controller's "Guidelines Relating to Gas Tax Expenditures for Cities and Counties;" and Ef The City/County of Huntington Beach has expended in this fiscal year an amount of local discretionary funds for streets and roads purposes at least equal to or exceeding the FY 2022-23 MOE benchmark dollar amount11 • Sunny Han Chief Financial Officer (Print Name) Date Signature 11 Jurisdictions are encouraged to submit MOE eligible expenditures higher than their MOE benchmark, so that should certain expenses be ruled ineligible during an MOE audit, the local jurisdiction still has sufficient MOE expenditures to demonstrate continued achievement of the MOE benchmark. 306 Resolution No. 2023-49, “A Resolution of the City Council of the City of Huntington Beach Concerning the Measure M2 Expenditure Report for the City of Huntington Beach” November 21, 2023 307 BACKGROUND 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). 308 NEED/WHY/BENEFITS During fiscal year 2022-23 Measure M2 funding provided for approximately $4.5M towards construction, reconstruction, and maintenance of streets, signals, street lights, pedestrian ways, bike paths, storm drains, and other street maintenance purposes. To continue to receive these funds, we are required to report on all expenditures relating to these efforts each fiscal year. 309 Questions? 310 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-982 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jim Merid, Environmental Services Manager Subject: Appropriate $50,000 from the Storm Water Quality fund balance for the deployment of water quality monitoring buoys (2) to support initial water quality monitoring and scoping for water quality improvement projects in the Huntington Harbour Statement of Issue: In April of 2023, the City received $3,549,149 as part of a class action settlement agreement with the Monsanto Company. Plaintiffs alleged that Monsanto manufactured a class of industrial chemicals called polychlorinated biphenyls (PCBs) between the 1930s and 1977 that caused environmental impairments to water bodies; the plaintiffs sought funds to compensate for the damages and receive equitable relief. The City received these funds as a result of Huntington Harbour being identified in the 303(d) list of impaired water bodies under the Clean Water Act. The Public Works Department is requesting to appropriate $50,000 from the settlement which have been deposited into the Storm Water Quality Fund for the deployment of water quality monitoring buoys (2) to support initial water quality monitoring and scoping for water quality improvement projects in the Harbour. Financial Impact: The Public Works Department is requesting an appropriation of $50,000 from the Storm Water Quality Fund (892) undesignated fund balance to account 89285201.82500 for the deployment of water quality monitoring buoys (2) to support initial water quality monitoring and scoping for water quality improvement projects in the Harbour. Recommended Action: Appropriate $50,000 from the Storm Water Quality Fund (892) fund balance to account 89285201.82500. Sufficient fund balance is available to support this request. Alternative Action(s): Do not appropriate funds from the Storm Water Quality Fund to fund water quality monitoring and City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™311 File #:23-982 MEETING DATE:11/21/2023 project/scoping programs for Huntington Harbour. Analysis: The settlement funds from Monsanto Company were intended to be used for programs and projects that improve water quality and mitigate the effects of pollutants. Staff has identified water quality monitoring projects to assess water quality in Huntington Harbour including the use of monitoring buoys that can collect samples periodically and provide real-time data as to pH, turbidity, nutrient level, amount of dissolved oxygen, and other metrics. In addition to deploying these buoys, staff would like to allocate funds to analyze and scope water quality improvement related projects based on the data provided by the buoys and historical data as collected and analyzed by the County of Orange’s Stormwater Monitoring program. This initial effort will require a budget appropriation of $50,000 from the Storm Water Quality Fund. Once a viable project(s) has been identified, staff will return to Council with a request to appropriate additional funding to support the project(s). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item This action will support water quality monitoring and scoping for water quality improvement projects in Huntington Harbour. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Final PCB Class Action Settlement Agreement 2. PowerPoint Presentation City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™312 Public Works Department November 21, 2023 Water Quality Monitoring & Water Quality Improvement Projects in Huntington Harbour 313 BACKGROUND • The City received $3.5M in funds from a class action lawsuit against Monsanto Company in April 2023. • Class Action settlement funds disbursed to parties of the class action settlement to address water quality impairments caused by polychlorinated biphenyls (PCBs). • Huntington Harbour listed as an impaired waterbody for PCBs in the Clean Water Act • Funds to be used for water quality related projects 314 DETAILS • Staff is requesting $50,000 of settlement funds to fund initial water quality monitoring projects: • Deployment of water quality monitoring buoys (2) to provide real-time data for dissolved oxygen, turbidity, nutrient level, electrical conductivity, and pH • Trash and debris abatement pilot study in coordination with Clean Earth Rover • Based on the data gathered, staff will return to City Council at a future meeting with a request for additional settlement funds for viable water quality improvement projects 315 RECOMMENDATION • Appropriate $50,000 from Storm Water Quality Fund to support water quality monitoring & water quality improvement projects in Huntington Harbour as well as fund project scoping for water quality projects in Huntington Harbour. 316 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-968 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Debra Jubinsky, Sr. Management Analyst Subject: Approve and authorize execution of a License Agreement by and between the City of Huntington Beach and Abound Food Care for use of real property for the placement of a solar powered cold food storage unit at the Public Works Corporation Yard, 17371 Gothard Street Statement of Issue: Abound Food Care, a registered 501(C)3 public benefit corporation, has proposed to provide a solar powered container to store prepared meals in Huntington Beach which would be distributed to affected local residents in the event of a declared emergency. The location proposed is the Corporation Yard, 17371 Gothard Street. This use of City property requires City Council approval of a License Agreement prior to proceeding. Financial Impact: There are no costs or revenue associated with this License Agreement. Recommended Action: Approve and authorize the Mayor to execute the License Agreement By and Between The City of Huntington Beach and Abound Food Care For Use of Real Property. Alternative Action(s): Do not approve the Agreement and direct staff accordingly. Analysis: Abound Food Care (Abound) is a registered non-profit, public benefit corporation whose mission is to collaborate with public, private, and non-profit sectors, guiding and supporting the implementation of regional food care programs that optimize the supply chain to end hunger and food waste. Earlier this year, Abound reached out to City staff with a proposal to provide a solar-powered food storage container on City property. Abound proposes to furnish, deliver, and maintain at no cost to the City, a self-contained, free-standing cold storage unit (container) that is powered by solar panels mounted City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™317 File #:23-968 MEETING DATE:11/21/2023 on its roof. Abound will use the container to store ready to heat-and-eat meals as part of an Emergency Nutritious Food Management Program. Abound, as the program provider, will rotate and replace meals in advance of product expiration, with the excess food provided to local organizations serving food insecure members of the community. Locating the container in Huntington Beach increases the probability that qualifying food insecure families and individuals in the local community will benefit from the Program and any food distributed. Additionally, having pre-made meals stored in a central location in Huntington Beach will enhance the City’s emergency preparedness in the event of a declared emergency. The Corporation Yard at 17371 Gothard Street is the City of Huntington Beach’s facility where municipal service and maintenance programs are based. City staff and Abound identified the Corporation Yard as the location for the container in an area of the property adjacent to existing solar panels and similar City storage containers. The additional storage unit will be consistent with the current use of the Corporation Yard. The License Agreement provides for an initial term of 5 years. At the end of the initial 5-year term, the Agreement will automatically extend for 12 months unless otherwise cancelled by either party with 30 -days’ notice. If the Agreement is cancelled, Abound is responsible to remove the container within 60 calendar days of cancellation. Staff has worked with Abound on other projects relating to edible food donations with positive results. Based on the above information and prior positive experience, staff recommends that City Council approve the License Agreement. Environmental Status: This project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301, 15303, and 15304 (Class 1, 3, and 4). Strategic Plan Goal: Goal 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and response plans to ensure seamless public safety response during crisis events. This project supports Goal 8 - Public Safety, Strategy B by providing a stock of pre-made meals centrally located in Huntington Beach. These meals should be able to be quickly deployed to community members in need in the event of a declared emergency. Attachment(s): 1. License Agreement By and Between The City of Huntington Beach and Abound Food Care For Use of Real Property 2. PowerPoint presentation City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™318 LICENSE AGREEMENT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND ABOUND FOOD CARE FOR USE OF REAL PROPERTY This LICENSE AGREEMENT ("Agreement") is hereby entered into on the __ day of ____ , 2023 ("Effective Date") by and between the City of Huntington Beach, a California municipal corporation, (''Host") and Abound Food Care, a California non-profit public benefit corporation ("Provider"). The Host and Provider may be referred to herein individually as "Party," or collectively as "Parties." RECITALS WHEREAS, Host is the owner of that certain real property located at 17371 Gothard Street, Huntington Beach, CA 9264 7 ("Host Property") on which Host operates a municipal services yard; and WHEREAS, Provider wishes to place and operate one solar powered cold storage unit, with dimensions of approximately 35 1 x 10 1 x 1 O' with solar panel extensions (for access, total footprint of 45' x 10 1 ), to store ready-to-heat-and-eat meals ("Storage Container") as part of the Emergency Nutritious Food Management Program ("Program") on the Host Prope1ty, for the purpose of providing meals to community member s in times of disaster. Provider desires to place the Storage Container on that portion of the Host Property identified in Exhibit A, which is attached hereto and incorporated herein by this reference ("Licensed Prope1ty"); and WHEREAS, Provider 1s Program will involve the storage ofready-to-heat-and-eat- meals in cold storage units provided by Provider, which meals Provider will rotate and replace in advance of product expiration, with the excess food to be provided by Provider to local organizations serving community members faced with food insecurity; and WHEREAS, locating the Storage Container on the Licensed Property will increase the probability that otherwise qualifying food insecure families and individuals in the City of Huntington Beach will benefit from the Program and any food distributed pursuant to the policies and procedures of Provider; and WHEREAS, the Host is willing to grant Provider a non-exclusive license to access and place the Storage Container on the Licensed Prope1ty to operate the Program in accordance with the terms and conditions of this Agreement; and WHEREAS, the Host intends to provide Provider with non-exclusive use of the Licensed Prope1ty pursuant to the terms of this Agreement, and in no way intends to grant prope1ty rights to Provider relating to the Licensed Property; and WHEREAS, Provider desires to use Storage Container and Licensed Property for the purposes set forth herein, NOW, THEREFORE, the Parties hereto for the consideration hereinafter expressed, covenant, and agree as follows: 23-13265/318718 319 Section 1. Use of Facilities The Host grants Provider use of the Licensed Property for the limited purposes of placing the Storage Container and operating the Program. During the Term of this Agreement, as set forth in Section 6 below, the Provider shall have the right to use the Licensed Property during Host's normal hours of operation, which may be extended upon mutual agreement in the event of an emergency that requires meal distribution. Section 2. Location of Storage Container and Licensed Property Provider's Storage Container shall be located in the Licensed Property, as reflected in Exhibit A, though the Host and Provider may agree, both initially and from time to time, on the relocation of the Storage Container and identification of a new Licensed Property area, which shall be evidenced through a written letter agreement executed by both the Host's Representative and Provider's CEO, or their respective designees. Such letter agreement shall serve as a substitution of Exhibit A to this Agreement. Section 3. Facilities Access The Host shall, in consultation with Provider, identify and document a reasonable route of access for Provider to access Storage Container, which may be changed from time-to-time upon reasonable notice. Section 4. Consideration In exchange for Provider providing its Program in the City of Huntington Beach and providing access to surplus meals to qualifying local community organizations, the Host agrees to waive any facility use charges that might otherwise be charged by the Host. Pn;)Vider shall, at its own expense, provide for any and all maintenance and upkeep of the Storage Container at all times. Section 5. Utilities As part of this Agreement, the Host will reasonably cooperate with Provider relative to the provision of access to water connections and shared use of existing waste management services. To the extent Program necessitates a nominal use of such utilities, the same shall be provided by the Host at no additional cost; but to the extent such use extends beyond a nominal use, at the sole discretion and determination of the Host, the Parties shall cooperate to identify the most effective method to share the proportionate costs of such services used by each Party. Provider shall be responsible for its own utility costs for anything deemed in excess of a nominal value by the Host. Section 6. Term and Termination The term of this Agreement shall be five (5) years from the Effective Date ("Term") except in the event of a material breach, whereby either Party may terminate this Agreement 2 23-13265/318718 320 following 10 days written notice and failure to cure by the breaching party. At the conclusion of the initial five (5) year term, this Agreement shall automatically extend for additional 12 month terms unless cancelled by either Party with 30 days' notice prior to renewal date. Upon termination of the Agreement, Provider will remove the cold storage unit within sixty (60) calendar days. Section 7. Independent Contractor At all times relevant, and pursuant to the terms and conditions of this Agreement, Provider is and shall be construed to be an independent contractor and not an agent, servant, or employee of Host. No joint venture or shared enterprise is created by this Agreement. Provider agrees to comply with all applicable statutes and ordinances. Among other things, Provider shall be solely responsible for proper storage of and food safety related to frozen meals. Section 8. Indemnification, Defense, Hold Harmless Provider hereby agrees to protect, defend, indemnify and hold and save harmless Host, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to Provider's employees and damage to Provider's property, arising directly or indirectly out of the grant of License herein contained, including those arising from the passive concurrent negligence of Host, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of Host. Provider will conduct all defense at its sole cost and expense, and Host shall have the right to approve Provider's selection of defense counsel. Section 9. Worker's Compensation Insurance Pursuant to the California Labor Code Section 1861, Provider acknowledges awareness of Section 3 700 et seq. of said code, which requires every employer to be insured against liability for workers' compensation; Provider covenants that it will comply with all such laws and provisions prior to the use of the Licensed Property pursuant to this license. Provider shall maintain such Workers' Compensation Insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, and Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit, at all times incident hereto, informs and underwritten by insurance companies satisfactory to Host. Section 10. General Liability Insurance Provider shall carry at all times incident hereto, on all activities to be performed in the Licensed Property as contemplated herein, general liability insurance, including coverage for bodily injury, and property damage. All insurance shall be underwritten by insurance companies in forms satisfactory to Host. Said insurance shall name the Host, its officers, agents and employees and all public agencies as determined by the Host as Additional Insureds. 3 23-13265/318718 321 Provider shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount of not less than One Million Dollars ($1,000,000) combined single limit coverage. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage Provider shall immediately notify Host of any known depletion of limits. Provider shall require its insurer to waive its subrogation rights against Host and agrees to provide certificates evidencing the same. Section 11. Certificates of Insurance; Additional Insured Endorsement Prior to the use of the Licensed Property pursuant to this license, Provider shall furnish to Host certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled without thirty (30) days prior written notice to Host. Provider shall maintain the foregoing insurance coverages in force until this Agreement is terminated. The requirement for carrying the foregoing insurance shall not derogate from the provisions for indemnification of Host by Provider under this Agreement. Host or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. Provider shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of Provider's insurance policies, naming the Host, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to the use of the Licensed Property pursuant to this License. Section 12. Release Provider hereby releases and forever discharges Host of and from any and all claims, demands, actions, or causes of action whatsoever which Provider may have, or may hereafter have, against the Host specifically arising out of the matter of Provider's use of the Licensed Property. This is a complete and final release and shall be binding upon Provider and its heirs, executors, administrators, successors and assigns. Provider hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this release nor any payment made hereunder shall constitute any admission of any liability of Host. Section 13. Waste Provider shall not alter, damage or commit any kind of waste upon the Licensed Property or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of Host. Provider shall make no change in the use of the Licensed Property nor shall the design of the Licensed Property be changed other than as authorized herein without prior written consent of Host. Provider shall not cause any workmen's o.r materialmen's liens to be placed upon the Licensed Property and agrees to indemnify and 4 23-13265/318718 322 hold Host harmless against any such liens including but not limited to the payment of attorneys' fees. Section 14. Ingress and Egress Host reserves the right to enter upon the License Area at any time during the term of this Agreement. Host may remove Provider from the use of the License Area at any time and without notice to Provider if the reason for such removal by Host is necessitated by any maintenance needs or emergency pertaining to the public health, safety or welfare of any person, which determination will be made in Host's sole and absolute discretion. Section 15. Entire Agreement This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and supersedes all oral or written representations of written agreements which may have been entered into between the Parties. No modification or revision shall be of any force or effort, unless the same is in writing and executed by the Parties. Section 16. Severability If any provision of this Agreement shall be held invalid, such invalidity shall not affect the other provisions, and to this extent, the provisions of this Agreement are deemed severable. The paiiies agree, if reasonably practicable, to mutually draft provision(s) which are equivalent from a substantive point of view to replace any provision which is determined to be invalid. Section 17. Assignment Neither the Host nor Provider may assign or transfer this Agreement or any part thereof, without the written consent of the other party. Section 18. Governing Law; Attorney's Fees This Agreement shall be governed by the laws of the State of California, with venue to be Orange County, California. In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attorney's fees. The prevailing party shall not be entitled to recover its attorney's fees. Section 19. Notices Any notice, request, information or other document to be given hereunder to any of the parties by any other parties shall be in writing and shall be deemed given and served upon delivery, if delivered personally or electronically, or five (5) days after mailing by United States mail as follows: 5 23-13265/318718 323 If to Provider: Mike Learakos, CEO Abound Food Care 200 North Tustin Ste 110 Santa Ana, CA 92705 Email: mike@aboundfoodcare.org If to Host: CITY OF HUNTINGTON BEACH: Debra Jubinsky City of Huntington Beach Public Works 17371 Gothard Street Huntington Beach, CA 9264 7 Email: djubinsky@surfcity-hb .org Either party may, by notice to the other party, change the address specified above. Section 20. Authority Provider hereby represents that the persons executing this Agreement on its behalf have full authority to do so, and to bind Provider to perform pursuant to the terms and conditions of this Agreement. IN WITNESS WHEREOF, the Parties hereto have entered into this Agreement as of the Effective Date written above. Provider: ABOUND FOOD CARE A California non-profit public benefit corporation By•J;,.k~,/L!, It ✓:' C..t:O By:---------- Its: 23-13265/318718 6 Host: CITY OF HUNTINGTON BEACH A California municipal corporation Mayor ATTEST: City Clerk REVIEWED AND APPROVED: City Manager Director of Public Works 324 EXHIBIT A LOCATION OF FACILITIES AT HUNTINGTON BEACH PUBLIC WORKS CITY YARD , 325 '•, ......... -..... ,. CI CU 387570 []] 32RB MAX GROSS TARE PAYLOAD 30.480 KG 67.200 LBS 4.000 KG 8.820 LBS 26.480 KG 58 .380 LBS 42.7 CU.M 1.509 CU.FT ..... _ 326 C\CU 387570ffi 32RB KAX GROSS 30.480 KG moo LBS TARE 4.000 KG mo LBS PAYLOAD 26 .480 KG SRJSO LBS 42.7 C\lll 1.109 CUJl 327 ______, ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/00/YYYY) ~ 10/05/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIF ICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement, A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), PRODUCER CONTACT Jonathan Ekno tJAUC; Ekno Insurance Services Group Inc. .W.8~,-888-669-7220 / r.c~ Nol: 714-494-8039 711 E. Imperial Hwy, Suite 201, E-MAIL Jonathan@eknolnsurance.com A!rnB~lllli Brea, CA 92821 INSURER(S) AFFORDING COVERAGE NAIC# Lie .# OE95467 INSURER A : United States Llabllitv Ins Co 25895 INSURED INSURER a : Proaressive Commercial 12879 Abound Food Care INSURER c, Em plovers Preferred Insurance Co 10346 200 N Tustin Ave, Suite 11 O INSURER o: ACE Fire Underwriters Insurance Comoanv 20702 Santa Ana, CA 92705 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER · REVISION NUMBER· THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIF ICATE MAY BE IS SUED OR MAY PERTAIN, THE INSURANCE AFFORD ED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . 'r.Jt TYPE OF INSURANCE AOOL SUBR /~~lrl&~ ,t~~6%~1 LIMITS •"Ooh ... ,n POLICY NUMBER GENERAL LIABILITY EACH OCCURRENCE s1 000 000 >---fi57J.lAGi:TORENTED JL COMMERCIAL GENERAL LIABILITY PREMISES IEa occu rrence\ s100 000 A >---~ CLAIMS-MADE [K] OCCUR y y NPP1609580A Kl4t01I2023 04/01/2024 MED EXP (Any one p erson} s5 000 PERSONAL & ADV INJURY c--s1 ooo 000 c--GENERAL AGGREGATE s2 000 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS· COMP/OP AGG slnlcuded rx7 POLICY n ~!}9 ... nLOC s AUTOMOBILE LIABILITY COMB INED SINGLE LIM IT s1 000 000 >---/Ea acddenll ANY AUTO BODILY INJURY (Per person) s c-- ALL OWNED -SCHEDULED B ._X_ AUTOS JL AUTOS y 04382119-2 10/01/2023 04/01/2024 BOOIL Y INJURY (Per acddenl} s ~ JL NON-OWNED PROPERTY DAMAGE s HIREO AUTOS AUTOS /Per acddenll s ~ UMBRELLA LIAB HOCCUR EACH OCCURRENCE s2 000 000 A EXCESS LIAB CLAIMS-MADE CUP1572371 ~4/01/2023 04/01/2024 AGGREGATE s2 000 000 OED I I RETENTION s s WORKERS COMPENSATION /T\;!.9.§T~TN-s1 /OJ[;l· ANO EMPLOYERS" LIABILITY YIN C ANY PROPRIETOR/PARTNER/EXECUTIVE ~ NIA EIG 4949268 01 04/01/2023 04/01/2024 E.L. EACH ACCIDENT s1 000 ooo OFF ICER/ME MBER EXCLUDED? (Mandatory In NHl E.L, DISEASE • EA EMPLOYEE S1 000 000 ~~i~~~fi&~ in:zPERATIONS below E.L. DISEASE· POLICY LIMIT s1 000 000 $1,000,000 aggregate for all Loss D D&O Polley NFPCAF164934662 04/01/2023 04/01/2024 $2,000,000 maximum aggregate DESCRIPTION OF OPERATIONS /LOCATIONS/ VEHICLES (Attach ACORD 101, Addltlonal Remarks Schodulo, If more spaco Is requ ired) City of Huntington Beach, its officers, elected or appointed officials, employees, agents a~PillAl.911mr~1~,ddltlonal Insureds per the attached endorsements, B11• ~ ice{ C CERTIFICATE HOLDER City of Huntington Beach 2000 Main St., Huntington Beach, CA 92648 I ACORD 25 (2010/05) "-tv!lt"HAl:L E,_pATES . .\..-j CITY ATJ;f'JRNEV \ CANCELLATION vi I Y Vt· HIJl'I 171'1~ I UN 131:ACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . AUTHORIZED REPRESENTATIVE (/ © 1988·2010 ACORD CORPORATION , All rights reserved, The ACORD name and logo are registered marks of ACORD 328 POLICY NUMBER: f\JPP·J 609580A COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -(FORM B) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: City of Huntington Bec1ch, its officers, elc➔cted or appointed officials, employees, agents ancl volunteei-s (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1984 Page 1 of 1 D 329 POLICY NUMBER: NPP1609580A COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primc1ry to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 330 POLICY NUMBER: NPP1609580A COMMERCIAL GENERAL LIABILITY CG 2404 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 2404 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 D 331 POLICY NUMBER: 04382119-2 COMMERCIAL AUTO CA 04 491116 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance -Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and wlll not seek contribution from any other Insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other Insurance; and 2. You have agreed in writing in a contract or agreement that this Insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following Is added to the Other Insurance Condition In the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other Insurance; and 2. You have agreed In writing In a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 491116 © Insurance Services Office, Inc., 2016 Page 1 of 1 332 POLICY NUMBER: 04382119-2 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies Insurance provided under the followlng: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Named Insured: Abound Food Care Endorsement Effective Date: Name(s) Of Person(s) Or Organization(s): SCHEDULE City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us Condition does not apply to the person(s) or organiza- tion(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "a ccident" or the " loss" under a contract with that person or organization. CA 04 44 0310 © Insurance Services Office, Inc., 2009 Page 1 of 1 □ 333 POLICY NUMBER: 04382119-2 COMMERCIAL AUTO CA990312 0514 THE ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date , is indicated below Endorsement Effective: Countersigned By: Named Insured: Abound Food Care SCHEDULE I Endorsement Premium A. Section II -Who Is An Insured is amended to include as an "insured" any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability arising out of your ongoing operations performed for that "insured". A person's or organization's status as an "insured" under this endorsement ends when your operations for that "insured" are complete. CA990312 0514 Page 1 of 1 334 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT WC 00 0313 (Ed. 4-84) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you pelform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below Is required only when this endorsement Is Issued subsequent to preparation of the policy.) Endorsement insured Abound Food Care Insurance Company Employers Preferred Insurance Co WC 00 0313 (Ed. 4-84} © 1983 National Council on Compensation Insurance. Effective Policy No. Endorsement No. EIG 4949268 01 Premium countersigned by ________________ _ 335 Item 23-968 Approve License Agreement With Abound Food Care November 21, 2023 336 BACKGROUND • Abound Food Care, a registered 501(C)3 and a public benefit corporation, has proposed to locate a self- contained, solar-powered cold storage container on City property at the Corporation Yard, 17371 Gothard. • The container will be used to store pre-made meals as part of an Emergency Nutritious Food Management Program. 337 NEED/WHY/BENEFITS • Abound Food Care will furnish, deliver, and maintain the container and manage the contents at no cost to City. • Locating the trailer in Huntington Beach increases the probability that food insecure families and individuals in the local community will benefit from the Program and any food distributed. • Pre-made meals stored in a central location in Huntington Beach will enhance the City’s emergency preparedness. 338 RECOMMENDATION • Staff recommends that City Council approve the License Agreement between City and Abound Food Care and authorize the Mayor to execute the Agreement. 339 Questions? 340 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1018 MEETING DATE:11/21/2023 EQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jonathan Claudio, Senior Civil Engineer Subject: Accept bid and authorize execution of a construction contract with Beador Construction Company, Inc. in the amount of $4,565,300 for the Admiralty Drive Bridge Rehabilitation Project, CC-1450; approve the appropriation of $2,100,000 from the Measure M undesignated fund balance; and authorize 15% in contingency funds Statement of Issue: On October 19, 2023, bids were opened for the construction of the Admiralty Drive Bridge Rehabilitation Project, CC-1450 (“Project”). City Council action is requested to award the construction contract to Beador Construction Company, Inc. (“Beador”), the lowest responsive and responsible bidder. Financial Impact: The estimated project cost is $5,880,000 which includes the construction contract with Beador, a 15% contingency, and supplemental expenses. The Project budget includes $3,280,000 of federal grant funds in the Highway Bridge Replacement & Rehab Account No. 96185001.82800 and $500,000 from the Infrastructure Fund in Account No. 31440005.82300. An additional budget appropriation of $2,100,000 from the Measure M undesignated fund balance is necessary to award the contract and proceed with construction of the Project. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Beador Construction Company, Inc. in the amount of $4,565,300; and B) Approve the budget appropriation of $2,100,000 from the Measure M (213) undesignated fund balance to a new account to be created under Finance Department guidelines; and C) Authorize the Director of Public Works to approve up to a 15% contingency in potential construction change orders; and City of Huntington Beach Printed on 11/15/2023Page 1 of 3 powered by Legistar™341 File #:23-1018 MEETING DATE:11/21/2023 D) Authorize the Mayor and City Clerk to execute a construction contract with Beador Construction Company, Inc. in a form approved by the City Attorney. Alternative Action(s): Reject all bids, and provide staff with alternative direction. Analysis: The Admiralty Drive Bridge in Huntington Harbour is a steel girder bridge originally constructed in 1963 and seismically retrofitted in 1994. The rehabilitation of the Admiralty Drive Bridge would include removal and replacement of the concrete barriers, street lighting, sidewalks, and bridge deck; cleaning and painting of I-girders and other steel members; replacement of bearings; removal and replacement of any unsound concrete that could expose internal reinforcement to outdoor elements; removal and replacement of water mainline pipe; construction of a temporary traffic signal system; utility relocation; and ancillary work as required. Construction is scheduled to begin in the first quarter of 2024 and conclude in the first quarter of 2025. The public advertisement period for the Project began on September 7, 2023. Bids were opened on October 19, 2023 and are listed in ascending order: Bidder Submitted and Verified Bid 1 Beador Construction Company, Inc.$4,565,300.00 2 Myers & Sons Construction, LLC $4,845,567.50 3 Jilk Heavy Construction, Inc.$5,184,050.60 4 Reyes Construction, Inc.$5,235,462.00 Based on the low bid received, the total estimated construction cost of this project is $5,880,000, as itemized below: Item Amount Bid submitted by Beador Construction Company, Inc.$4,565,300.00 15% Contingency $684,795.00 Supplementals (inspection, environmental work, testing, labor compliance, etc.)$629,905.00 TOTAL CONSTRUCTION COST $5,880,000.00 A fifteen percent (15%) contingency is requested to increase the City’s ability to address construction issues that may arise which would potentially delay the restoration of the only land access to both Admiralty and Gilbert islands. With respect to responsiveness, staff mathematically verified Beador’s bid and reviewed the required documents that were submitted to the City. In terms of being a responsible bidder, Beador previously performed acceptable work for the City during the construction of both the Magnolia St. and Brookhurst St. Bridge Preventive Maintenance Projects in 2018. Award of Beador’s bid is being requested at the November 21, 2023 City Council meeting as the City of Huntington Beach Printed on 11/15/2023Page 2 of 3 powered by Legistar™342 File #:23-1018 MEETING DATE:11/21/2023 Award of Beador’s bid is being requested at the November 21, 2023 City Council meeting as the federal funding is in jeopardy if the project does not invoice Caltrans for work done by the Contractor by early next year. Public Works Commission Action: The CIAB/Public Works Commission recommended this project on July 19, 2023 by a vote of 7-0-0. Environmental Status: A Categorical Exclusion was approved on January 12, 2016, in compliance with NEPA. Mitigated Negative Declaration No. 15-002 was approved on December 16, 2015, in compliance with CEQA. Strategic Plan Goal: Non Applicable - Administrative Item Infrastructure and Parks For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Location Map 2. Bid Summary 3.PowerPoint Presentation City of Huntington Beach Printed on 11/15/2023Page 3 of 3 powered by Legistar™343 DEPARTMENT OF PUBLIC WORKSCITY OF HUNTINGTON BEACHBRLO-5181(174)BRIDGE No. 55C-0282ADMIRALTY DRIVE BRIDGE REHABILITATION C.C. No. 1450(OVER QUEEN ELIZABETH PASSAGE) Call: 811 SHEET NO. OF Underground Service Alert TITLE SHEET ADMIRALTY DR BRIDGE REHABILITATION (OVER QUEEN ELIZABETH PASSAGE) STA. 10+37.85 TO STA. 13+82.00 1 25 T1 ADMIRALTY DR PACIFIC N ~~ <'.)~ AVE. QO z (/Ji-: i--: i--: (/Ji-: _J (/) (/) <( Mc FADDEN AVE. ~ t-----t---+---+--'r------r'-~ 0 u . o · :i: tii I-u ~ IL~ EDINGER ::;E <( I w <( _J a:: <( (.') 0 I-(.') (/) z WARNER~ a:: Cl. (/) (/) z 0 w SLATER I 0 _J 0 0 w (.') TALBERT ELLIS "" 0 a:: AVE. <( I I- 0 AVE. (.') AVE. YORKTOWN i--: (/) AVE. Iii !Ji AVE. !Ji -+--r-+----+---+---+---+---+--~ ADAMS IND ANAPOLIS OCEAN VICINITY MAP N.T.S. SUNSET COUNTY BEACH N LOCATION MAP N.T.S. 344 Agency: City of Huntington Beach Project:Admiralty Dr. Bridge Rehabilitation, CC-1450 Federal Aid Project No.: BRLO-5181(174) Bid Opening: 10/19/2023 Item #Item Description Quantity Unit of Measure Unit Price Extended Amount Original Unit Price New Unit Price Extended Amount % Difference (Est) Unit Price Extended Amount % Difference (Est) Unit Price Extended Amount % Difference (Est) Unit Price Extended Amount % Difference (Est) 1 MOBILIZATION 1 LS $ 278,000.00 $ 278,000.00 $ 270,000.00 $ 270,000.00 $ 270,000.00 -2.88% $ 270,000.00 $ 270,000.00 -2.88% $ 579,560.00 $ 579,560.00 108.47% $ 270,000.00 $ 270,000.00 -2.88% 2 SCAFFOLDING 1 LS $ 384,300.00 $ 384,300.00 $ 300,000.00 $ 500,000.00 $ 500,000.00 30.11% $ 300,000.00 $ 300,000.00 -21.94% $ 294,000.00 $ 294,000.00 -23.50% $ 600,000.00 $ 600,000.00 56.13% 3 PREPARE STORM WATER POLLUTION PREVENTION PLAN 1 LS $ 5,000.00 $ 5,000.00 $ 5,400.00 $ 5,400.00 $ 5,400.00 8.00% $ 5,400.00 $ 5,400.00 8.00% $ 18,000.00 $ 18,000.00 260.00% $ 5,400.00 $ 5,400.00 8.00% 4 WATER POLLUTION CONTROL 1 LS $ 45,000.00 $ 45,000.00 $ 150,000.00 $ 100,000.00 $ 100,000.00 122.22% $ 25,000.00 $ 25,000.00 -44.44% $ 87,000.00 $ 87,000.00 93.33% $ 300,000.00 $ 300,000.00 566.67% 5 TEMPORARY TRAFFIC CONTROL SYSTEM 1 LS $ 225,000.00 $ 225,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 -11.11% $ 200,000.00 $ 200,000.00 -11.11% $ 545,000.00 $ 545,000.00 142.22% $ 200,000.00 $ 200,000.00 -11.11% 6 INSTALL SIGNING, STRIPING AND PAVEMENT MARKINGS 1 LS $ 34,000.00 $ 34,000.00 $ 10,250.00 $ 10,000.00 $ 10,000.00 -70.59% $ 25,000.00 $ 25,000.00 -26.47% $ 29,575.00 $ 29,575.00 -13.01% $ 30,000.00 $ 30,000.00 -11.76% 7 REMOVE AND CONSTRUCT PCC SIDEWALK 1415 SF $ 17.00 $ 24,055.00 $ 50.00 $ 40.00 $ 56,600.00 135.29% $ 45.00 $ 63,675.00 164.71% $ 36.80 $ 52,072.00 116.47% $ 39.00 $ 55,185.00 129.41% 8 REMOVE AND CONSTRUCT PCC CURB AND GUTTER 62 LF $ 45.00 $ 2,790.00 $ 400.00 $ 325.00 $ 20,150.00 622.22% $ 250.00 $ 15,500.00 455.56% $ 390.00 $ 24,180.00 766.67% $ 245.00 $ 15,190.00 444.44% 9 REMOVE 8" WATER PIPE AND CONSTRUCT 8" SS 316 WATER PIPE 195 LF $ 460.00 $ 89,700.00 $ 2,250.00 $ 825.00 $ 160,875.00 79.35% $ 300.00 $ 58,500.00 -34.78% $ 725.00 $ 141,375.00 57.61% $ 2,500.00 $ 487,500.00 443.48% 10 INSTALL BARRIER MOUNTED STREET LIGHT 4 EA $ 5,600.00 $ 22,400.00 $ 35,000.00 $ 24,500.00 $ 98,000.00 337.50% $ 21,000.00 $ 84,000.00 275.00% $ 39,400.00 $ 157,600.00 603.57% $ 40,000.00 $ 160,000.00 614.29% 11 INSTALL STREET LIGHT PULL BOX 10 EA $ 560.00 $ 5,600.00 $ 1,750.00 $ 2,300.00 $ 23,000.00 310.71% $ 2,000.00 $ 20,000.00 257.14% $ 1,936.00 $ 19,360.00 245.71% $ 3,000.00 $ 30,000.00 435.71% 12 STRUCTURAL CONCRETE, BRIDGE (POLYMER FIBER)188 CY $ 2,600.00 $ 488,800.00 $ 5,500.00 $ 5,000.00 $ 940,000.00 92.31% $ 7,150.00 $ 1,344,200.00 175.00% $ 3,475.00 $ 653,300.00 33.65% $ 6,465.00 $ 1,215,420.00 148.65% 13 JOINT SEAL (MR 1")104 LF $ 125.00 $ 13,000.00 $ 300.00 $ 300.00 $ 31,200.00 140.00% $ 50.00 $ 5,200.00 -60.00% $ 96.15 $ 9,999.60 -23.08% $ 123.00 $ 12,792.00 -1.60% 14 BAR REINFORCING STEEL (EPOXY COATED) (BRIDGE)71700 LB $ 3.50 $ 250,950.00 $ 7.00 $ 2.20 $ 157,740.00 -37.14% $ 2.00 $ 143,400.00 -42.86% $ 2.20 $ 157,740.00 -37.14% $ 2.50 $ 179,250.00 -28.57% 15 FURNISH STRUCTURAL STEEL (BRIDGE)2145 LB $ 18.00 $ 38,610.00 $ 50.00 $ 2.80 $ 6,006.00 -84.44% $ 1.50 $ 3,217.50 -91.67% $ 3.00 $ 6,435.00 -83.33% $ 4.00 $ 8,580.00 -77.78% 16 ERECT STRUCTURAL STEEL (BRIDGE)5810 LB $ 35.00 $ 203,350.00 $ 30.00 $ 20.00 $ 116,200.00 -42.86% $ 20.00 $ 116,200.00 -42.86% $ 17.20 $ 99,932.00 -50.86% $ 8.00 $ 46,480.00 -77.14% 17 CLEAN AND PAINT STRUCTURAL STEEL (EXISTING BRIDGE)1 LS $ 300,000.00 $ 300,000.00 $ 850,000.00 $ 550,000.00 $ 550,000.00 83.33% $ 400,000.00 $ 400,000.00 33.33% $ 440,175.00 $ 440,175.00 46.73% $ 530,000.00 $ 530,000.00 76.67% 18 REMOVE UNSOUND CONCRETE 1 LS $ 35,000.00 $ 35,000.00 $ 50,000.00 $ 50,000.00 $ 50,000.00 42.86% $ 65,000.00 $ 65,000.00 85.71% $ 95,240.00 $ 95,240.00 172.11% $ 130,000.00 $ 130,000.00 271.43% 19 BRIDGE REMOVAL (PORTION), LOCATION A 1 LS $ 198,200.00 $ 198,200.00 $ 650,000.00 $ 362,500.00 $ 362,500.00 82.90% $ 550,000.00 $ 550,000.00 177.50% $ 275,322.00 $ 275,322.00 38.91% $ 330,000.00 $ 330,000.00 66.50% 20 BRIDGE REMOVAL (PORTION), LOCATION B 1 LS $ 8,400.00 $ 8,400.00 $ 550,000.00 $ 355,279.00 $ 355,279.00 4129.51% $ 200,000.00 $ 200,000.00 2280.95% $ 247,440.00 $ 247,440.00 2845.71% $ 25,000.00 $ 25,000.00 197.62% 21 RAPID SETTING CONCRETE (PATCH)8 CF $ 1,000.00 $ 8,000.00 $ 3,000.00 $ 2,800.00 $ 22,400.00 180.00% $ 800.00 $ 6,400.00 -20.00% $ 1,215.00 $ 9,720.00 21.50% $ 2,200.00 $ 17,600.00 120.00% 22 DRILL AND BOND DOWELS (CHEMICAL ADHESIVE)42 LF $ 97.00 $ 4,074.00 $ 200.00 $ 125.00 $ 5,250.00 28.87% $ 500.00 $ 21,000.00 415.46% $ 375.00 $ 15,750.00 286.60% $ 145.00 $ 6,090.00 49.48% 23 REPLACE BEARING (ASSEMBLY)28 EA $ 5,400.00 $ 151,200.00 $ 20,000.00 $ 10,000.00 $ 280,000.00 85.19% $ 25,000.00 $ 700,000.00 362.96% $ 29,330.00 $ 821,240.00 443.15% $ 11,800.00 $ 330,400.00 118.52% 24 MISCELLANEOUS METAL (BRIDGE)117 LB $ 35.00 $ 4,095.00 $ 400.00 $ 250.00 $ 29,250.00 614.29% $ 125.00 $ 14,625.00 257.14% $ 295.00 $ 34,515.00 742.86% $ 75.00 $ 8,775.00 114.29% 25 TUBULAR HANDRAILING 310 LF $ 200.00 $ 62,000.00 $ 300.00 $ 195.00 $ 60,450.00 -2.50% $ 200.00 $ 62,000.00 0.00% $ 172.00 $ 53,320.00 -14.00% $ 280.00 $ 86,800.00 40.00% 26 CONCRETE BARRIER (TYPE 732SW) (MODIFIED)310 LF $ 600.00 $ 186,000.00 $ 600.00 $ 500.00 $ 155,000.00 -16.67% $ 475.00 $ 147,250.00 -20.83% $ 1,020.00 $ 316,200.00 70.00% $ 500.00 $ 155,000.00 -16.67% $ 3,067,524.00 Total Amount Bid = $ 4,565,300.00 48.83% Total Amount Bid = $ 4,845,567.50 57.96% Total Amount Bid = $ 5,184,050.60 69.00% Total Amount Bid = $ 5,235,462.00 70.67% BID SUMMARY Bid Schedule Engineer's Estimate Reyes Construction, Inc. 1383 South Signal Drive Phone: (909) 622-2259Phone: (951) 674-7352 Jilk Heavy Construction, Inc. 500 S. Kraemer Blvd., Suite 380 Brea, CA 92821 Contact: Jeremiah Jilk License/Class: 709151 A Engineer's Estimate = Contact: Ricardo Jimenez Pomona, CA 91766 License/Class: 507561 A Beador Construction Company, Inc. 2900 Bristol St., Suite D204 Costa Mesa, CA 92626 Contact: David Beador License/Class: 720483 A Phone: (310) 830-6323 Myers & Sons Construction, LLC 45 Morrison Avenue Sacramento, CA 95838 Contact: Clinton W. Myers License/Class: 1033752 A Phone: (916) 283-9950I I II II II II I 345 Admiralty Drive Bridge Rehab CC-1450 November 21, 2023 City Council Meeting 346 Project Location Map ADMIRALTY DR. BRIDGE 347 Admiralty Bridge •3-span steel girder bridge with 4-column reinforced concrete bents supported on timber piles •Length = 155’-3” •Width = 52’ •Originally constructed in 1963 •Seismically retrofitted in 1994 348 Scope of Work •Replace concrete barriers and railing •Replace street lighting on bridge •Replace concrete sidewalk and bridge deck •Clean & paint steel girders & other steel members •Repair unsound concrete at bridge bents •Utility relocation and minor AC paving work 349 Funding and Schedule •Beador Construction Bid: $4,565,300 •15% Contingency:$ 684,795 •Supplemental Costs: $ 629,905 •Total Construction Cost $5,880,000 •Federal Construction Funds: $3,280,000 •Infrastructure Funds: $ 500,000 •Measure M Funds:$2,100,000 •Total Available Funding: $5,880,000 •Begin Construction: 2024 Q1 •End Construction:2025 Q1 350 Questions? 351 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-995 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Eric G. Parra, Interim City Manager VIA:Jennifer Villasenor, Acting Director of Community Development PREPARED BY:Hayden Beckman, Senior Planner Subject: Appeal of the Planning Commission’s denial of Administrative Permit No. 22-015 (Legacy Living LLC Sober Living Reasonable Accommodation) - Continued from November 7, 2023 Statement of Issue: City Council is requested to consider Dylan Walker and Michael Garrett’s appeal of the Planning Commission’s denial of Administrative Permit No. 22-015. Their permit application requests to provide reasonable accommodation to the operator of a sober living home on a property that is located within 1,000 linear feet of another group home or State-licensed residential care facility. The Planning Commission held a public hearing on July 11, 2023 and unanimously voted to deny the application with findings for denial. On July 21, 2023, Mr. Walker and Mr. Garrett appealed the Planning Commission’s action citing multiple reasons outlined in the appeal letter (Attachment No. 2). Financial Impact: Not Applicable. Recommended Action: Deny the appeal and uphold the Planning Commission’s denial of Administrative Permit No. 22-015 with findings of denial (Attachment No. 1). Alternative Action(s): A) Find the proposed project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15301 of the CEQA Guidelines, uphold the appeal of the Planning Commission’s denial of Administrative Permit No. 22-015, and make findings and conditions of approval pursuant to Chapter 17.77.050 of the Huntington Beach Municipal Code. B) Continue Administrative Permit No. 22-015, and direct staff accordingly. Analysis: City of Huntington Beach Printed on 11/15/2023Page 1 of 5 powered by Legistar™352 File #:23-995 MEETING DATE:11/21/2023 A.REASONABLE ACCOMMODATION REQUEST In October 2020, the City Council adopted five Ordinances establishing regulations for the operation of group homes, a land use classification that includes sober living homes. Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City’s residential areas, subject to operation requirements and a minimum 1,000 linear feet buffer from other sober living homes, state-licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). A disabled applicant may seek an exception to the strict application of HBZSO Section 230.28 via a Reasonable Accommodation Request. The Reasonable Accommodation Request must set forth specific reasons as to why an exception to the HBZSO is required per Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A Reasonable Accommodation Request itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living home is considered disabled under State and Federal law, and thus a request for reasonable accommodation would apply to operators that do not comply with the current applicable buffer distance requirement. However, for a Reasonable Accommodation Request to be granted, it must meet all the findings pursuant to HBMC Section 17.77.050. B.REASONS FOR APPEAL The Planning Commission’s action on Administrative Permit No. 22-015 was appealed by the property owner, Mr. Walker, and the sober living home’s operator, Mr. Garrett, for reasons cited in an appeal letter received and dated July 21, 2023 (Attachment No. 2). The reasons for the appeal are listed below in italics with analysis from staff: 1) The City subjected the dwelling at 9452 Castlegate Drive, Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code §§ 65008, 12955(1), 11135, 8899.50, and related federal statues, including the Fair Housing Act and Americans with Disabilities Act; HBZSO Chapter 230.28 was adopted by the City Council in 2020 to provide greater consistency with state and federal statutes. In accordance with the Federal Fair Housing Amendments Act of 1988 and the California Fair Employment and Housing Act, HBMC Chapter 17.77 provides disabled persons policies and procedures for reasonable accommodations to ensure equal access to housing. Further, all residentially zoned properties are under the same regulations, and the appellant has not provided any City of Huntington Beach Printed on 11/15/2023Page 2 of 5 powered by Legistar™353 File #:23-995 MEETING DATE:11/21/2023 properties are under the same regulations, and the appellant has not provided any evidence to support this claim. 2) The City failed or refused to engage in an interactive process, as required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying the applicant’s request for reasonable accommodation; City records show that the subject request for Administrative Permit No. 2022-015 was filed on November 17, 2022, and subsequently deemed incomplete on December 15, 2022. An application was filed for a SUP at the subject property on December 20, 2022, and later withdrawn and deemed void and unnecessary given the Administrative Permit on file.The appellant was in continued communication with City staff regarding the status of the application, as well as clearing up the confusion of which application would be accepted for processing, given the fact that the subject property is not a candidate for ministerial approval of a SUP. At no time in the timeline of communications between staff and the appellant was there a failure or refusal to engage in an interactive process. Staff was accessible and assisted the appellant with proper filings to request reasonable accommodation. 3) The second Findings for Denial in the Planning Commission’s Notice of Action misconstrued and misapplied the necessity standard under HBMC 17.77.050(D) and under state and federal housing laws; A reasonable accommodation must not result in the fundamental alteration in the City’s zoning program. Factors the City may consider in determining whether the requested accommodation would require a fundamental alteration in the nature of the City’s zoning program include, but are not limited to: (1) Whether the requested accommodation would fundamentally alter the character of the neighborhood; (2) Whether granting the requested accommodation would substantially undermine any express purpose of either the City’s zoning programs; AND (3) Whether the requested accommodation would create an institutionalized environment due to the number and distance between facilities that are similar in nature or operation. The zoning code forbids the operation of two or more sober living homes operating within 1000 feet of one another to avoid the clustering of these homes,which would create an institutionalized setting and drastically change the residential character of the residential neighborhood. The City seeks to ensure that disabled persons recovering from addiction City of Huntington Beach Printed on 11/15/2023Page 3 of 5 powered by Legistar™354 File #:23-995 MEETING DATE:11/21/2023 can reside in a comfortable residential environment versus in an institutional setting. Each reasonable accommodation request requires an analysis of the facts to see if an approval of the request would result in the fundamental alteration. Here, the subject sober living home is only 60 linear feet from another sober living home. The distance between the homes is so minimal that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. Because the distance between the homes is so minimal, the request would result in an overconcentration; furthermore, accommodation would require a fundamental alteration to the nature of the City’s zoning laws and programs. Thus, the requested accommodation would result in a fundamental alteration in the nature of the City’s zoning program, as fundamental alteration is defined in Fair Housing Laws and interpretive case law. 4) The Planning Commission erred in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a “Single Housekeeping Unit” or “Supportive Housing”; The onus is on the applicant/appellant to demonstrate to the City how the subject operation is either a Single Housekeeping Unit (SHU) or Supportive Housing (SH) land use.As such, the appellant has not provided any evidence to support the claim that they should be classified as a SHU or SH, and the application form for both the SUP and subject Administrative Permit identifies the subject operation as “sober living home”. Further, the activities and features of the home do not meet the HBZSO definition of a SHU; Single Housekeeping Units are meant to have residents who are “stable as opposed to transient, members have some control over who becomes a member of the household, and the residential activities of the household are conducted on a non-profit basis.” Those features are not present here and no evidence has been given showing that the sober living home is operating on a non-profit basis with stable, non-transient residents. 5) The retroactive application of the City’s municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City’s treatment of nonconforming uses; and Retroactive application of the HBZSO is legal implementation of an adopted ordinance. HBMC Chapter 17.77 provides an administrative process for considering nonconforming land uses or standards for persons considered disabled. The City’s treatment of the subject property as a nonconforming use is consistent with applicable findings. 6) Even the City’s regulation were valid (sic), the records before the Planning Commission does not support the denial of applicant’s request for reasonable accommodation. The City’s adopted regulations were and remain valid. Staff has provided sufficient evidence to recommend findings for denial of the subject Reasonable Accommodation request. City of Huntington Beach Printed on 11/15/2023Page 4 of 5 powered by Legistar™355 File #:23-995 MEETING DATE:11/21/2023 Environmental Status: Pursuant to Section 15270 of the CEQA Guidelines, CEQA does not apply to projects which a public agency rejects or disapproves. Further, if the City Council approves the appellant’s request, action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings for Denial 2. Appeal Letter received and dated July 21, 2023 3. Planning Commission Staff Report dated July 11, 2023 4. Presentation City of Huntington Beach Printed on 11/15/2023Page 5 of 5 powered by Legistar™356 ATTACHMENT NO. 1 SUGGESTED FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-016: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The City Council finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulati ons of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The City Council finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The City Council finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City’s zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City’s zoning laws and modification of the policy intent behind regulation. 357 • • 21123 JU L 2 1 AH I l: 5 5 Notice of Appeal to the City council CIT Y CL E1 . C.IT Y uF To the City Clerk of the City of Huntington Beach: •P_l ')T •NCJ: · r _ = ,• "'" 1. Notice of Appeal: Pursuant to Section 248.20 of the Zoning and Subdivision Code of the City of Huntington Beach, Legacy Living LLC hereby appeals the decision of the Planning Commission in File #23-553 denying administrative permit #22-015 (request for reasonable accommodation re dwelling at 9452 Castlegate Drive, Huntington Beach, CA 92646) to the City Council. A copy of the determination from which Legacy appeals is attached hereto. 2. Persons Appealing: • Dylan Walker, property owner, PO Box 2320, Costa Mesa CA 92628; and, • Michael Garrett, Legacy Living, authorized representative, PO Box 3911, Huntington Beach CA 92605. 3. Attorney Representatives: • Garrett Prybylo, Seyfnia & Prybylo, LLP, 633 West 5th Street, Suite 2600, Los Angeles, California 90071; Tel: (213) 770-4529; email: gprybylo@splawllp.com; and, • Christopher Branart, Brancart & Brancart, PO Box 686, Pescadero, CA 94060; (650) 879-0141; email: cbrancart@brancart.com. 4. Grounds for Appeal: The grounds for appeal include but are not limited to the following: • The City subjected the dwelling at 9452 Castlegate Dr., Huntington Beach, to municipal regulations, HBZSO 230.28 that violate state statutes, Cal. Govt. Code§§ 65008, 12955(1), 11135, 8899.50, and related federal statutes, including the Fair Housing Act and Americans with Disabilities Act; • The City failed or refused to engage in an interactive process, as -1- 358 required under the Fair Employment and Housing Act or the Fair Housing Act prior to denying applicant's request for reasonable accommodation; • The second Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the necessity standard under HBMCl 7.77.050(B) and under state and federal fair housing laws; • The fourth Finding for Denial in the Planning Commission's Notice of Action misconstrued and misapplied the fundamental alternation standard under HBMC 17.77.050(D) and under state and federal fair housing laws; • The Planning Commission e1Ted in failing or refusing to classify the use of the dwelling at 9452 Castlegate Drive as a "Single Housekeep Unit" or "Supportive Housing;" • The retroactive application of the City's municipal regulations, HBZSO 230.28 to the dwelling at 9452 Castlegate Drive is inconsistent with state law and the City's treatment of nonconforming uses; and, • Even the City's regulation were valid, the records before the Planning Commission does not support the denial of applicant's request for reasonable accommodation. 5. Appeal Fee. Applicant-appellant tenders with this notice of appeal a check made payable to the City of Huntington Beach in the sum of $2,855.00. * * * Timely delivered to the Clerk of the City of Huntington Beach on Friday, July 21, 2023. Michael Garrett, Authorized Representative -2- 359 July 12, 2023 Michael Garrett PO Box 3911 Huntington Beach Planning Commission 2000 MAIN ST RE ET CALIFORNIA 92648 NOTICE OF ACTION Huntington Beach CA 92605 SUBJECT: APPLICANT: PROPERTY OWNER: REQUEST: LOCATION: DATE OF ACTION: ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) Michael Garrett, PO Box 3911, Huntington Beach CA 92605 Dylan Walker , P.O. Box 2320, Costa Mesa CA 92628 To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility . 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) July 11 , 2023 On Tuesday, July 11, 2023, the Huntington Beach Planning Commission took action on your application, and your application was denied with findings . Attached to this letter are the findings for denial. Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period . A person desiring to appeal the decision shall file a written notice of appeal to the City Clerk within ten (10) calendar days of the date of the Planning Commission's action . The notice of appeal shall include the name and address of the appellant , the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Eight Hundred and Fifty -Five Dollars ($2,855 .00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Five Hundred and Eighty-Two Dollars ($4,582 .00) if the appeal is filed by any other party . In your case, the last day for filing an appeal and paying the filing fee is Friday, July 21, 2023, at 5:00 PM. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Phone 714 -536-5271 Fax 714-374 -1540 www .surfclty -hb .org -3-360 Notice of Action : AP 22-015 July 12, 2023 Page 2 Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020 . If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Hayden Beckman, the project planner, at (714) 536-5561 or via email at hayden.beckman@surfcity-hb .org, or the Community Development Department at (714) 536-5271 . Sincerely , Ursula Luna-Reynosa, Secretary Planning Commission neider, Planning Manager ULR :MS :HB :kdc Attachment: Findings For Denial -AP 22-015 c: Honorable Mayor and City Council Chair and Planning Commission Al Zelinka , City Manager Ursula Luna-Reynosa, Director of Community Development Tim Andre, Fire Division Chief Mike Vigliotta, Chief Assistant City Attorney Bob Milani, Principal Civil Engineer Jasmine Daley, Building Manager Hayden Beckman, Senior Planner Property Owner Project File -4-361 ATTACHMENT NO. 1 FINDINGS FOR DENIAL ADMINISTRATIVE PERMIT NO. 22-015 FINDINGS FOR ADMINISTRATIVE PERMIT NO. 22-015: 1. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. 2. The Planning Commission finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. 3. The Planning Commission finds the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City's zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City's zoning laws and modification of the policy intent behind regulation. G:\PC\NOA\23\071123 AP 22-015 (Legacy Living Sober Facility) Attachment 1.1 -5- 362 .... DATE --:, ):,; I fb FUNDS RECEIVED FROM ADDRESS ) I FOR CASH RECEIPT CITY OF HUNTINGTON BEACH P.O. BOX 711 HUNTINGTON BEACH, CALIFORNIA 92648-0711 www.huntingtonbeachca.gov/payments I I I I ' \ I ( Issuing Dept. l I ( I' , Dept. Phone # ( t/ ) I (r - I I i/11 ' Ir\ Phone#: ( f ) ' ' l ( i, a \ ' ,, I ( I I I ) \ .\-,. r) .,.,,,,1; Lee.) ' ' ' I !I ,1 I ' I /\ 01r-(,' Ujr I L•~ D Credit Card $ J$f . AMOUNT RECEIVED D Cash D Check# I ( ' Prepared I Received ( \),,. Finance Bv Bv Approval IF OBJECT= 50000 THRU 90000, FINANCE APPROVAL REQUIRED Approval Date Business Unit I Object I Subs L D .!J l ) ~ ij !... .0 . ~ -'~i_j~ - -- --------------- --------------- --------------- --------------- --------------- --------------- --------------- --------------- --------------- --------------- --------------- --------------- Stamped Validation Only Please do not write in the box below No. 339090 I Sub-Ledger I Type --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- --------- TOTAL$ ____ r_t __ ISSUING DEPARTMENT COPY 363 LEGACY LIVING HOMES LLC 10311 MONITOR DR HUNTINGTON BEACH, CA 92646-3757 7143360450 :,rf'~~ ID'ATIE 7 -Z-I -l3 ~li.l. 0207 90-7162/3222 Ci+v OF l~v>'ltlJ:./vn Bea.d--i 1 $ 2.355 ,oo t: l?AYto'll'lHllEOllIDUOlF r C) CJ :Cw':tl tho vs Md £:i.,f It""-~ :fa~ G i=ry,, -Fi ve "Too 001.I.AllS @ '=-'::: CHASEO JPMorgan Chase Bank, N.A. lFOill Appeo../ A~~;~0 -~~n,± Tvo · 2.2-015 ~ 0~ M' 11• 0 0 0 2 0 7 11• 1: ~ 2 2 2 7 ~ f:i 2 7 1: 7 f:i q D 2 7 7 5. ~ 11• I. 364 PLANNING COMMISSION STAFF REPORT TO: Planning Commission FROM: Ursula Luna-Reynosa, Director of Community Development BY: Hayden Beckman, Senior Planner SUBJECT: ..title ADMINISTRATIVE PERMIT NO. 22-015 (LEGACY LIVING LLC SOBER LIVING REASONABLE ACCOMMODATION) REQUEST: To provide Reasonable Accommodation to the operator of a sober living home requesting to operate on a property that is located within 1000 linear feet of another group home or State-licensed residential care facility. LOCATION: 9452 Castlegate Drive, 92646 (Southside of Castlegate Drive, west of Bushard Street) ..body APPLICANT: Michael Garrett, PO Box 3911, Huntington Beach CA 92605 PROPERTY OWNER: Dylan Walker, P.O. Box 2320, Costa Mesa CA 92628 RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Deny Administrative Permit No. 22-015 with suggested findings for denial. ..end ALTERNATIVE ACTION(S): A) Continue Administrative Permit No. 22-015 and direct staff to return with findings for approval. B) Continue Administrative Permit No. 22-015 and direct staff accordingly. PROJECT PROPOSAL: The applicant is seeking a reasonable accommodation request to obtain approval to operate a sober living home on a property that is located approximately 60 feet from an existing elderly Group Home, which does not comply with the required 1,000 ft. buffer requirement between group homes, including sober living homes, or licensed Residential Care Facilities. 365 Background: In October 2020, the City Council adopted five Ordinances which amended multiple sections of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO) and Huntington Beach Municipal Code (HBMC) to collectively establish regulations for the operation of group homes, a land use classification which includes sober living homes, in the City’s residential districts. Regulations set forth in Huntington Beach Zoning and Subdivision Ordinance (HBZSO) Section 230.28 Group Homes require the ministerial approval of a Special Use Permit (SUP) for any group home or sober living home serving no more than 6 persons to operate in the City’s residential areas, subject to operation requirements and a minimum 1,000 linear foot buffer from other sober living homes or state licensed alcoholism or drug abuse recovery or treatment facilities (Residential Care Facilities). Special Use Permit In November 2022, and in accordance with the procedures established in HBZSO Section 230.28 Group Homes, the applicant filed a request for Special Use Permit (SUP) No. 22- 012 to permit the operation of an existing sober living home on the subject property that would serve 6 persons, not including an on-site house manager. Upon review, it was determined that the subject property was less than 1,000 linear feet from an existing elderly group home (Attachment No. 3) and thus not eligible to receive ministerial approval. Thus, the application was deemed void and withdrawn. As a ministerial (non- discretionary) action, no further administrative relief is applicable and no further action has been taken. Reasonable Accommodation Current code also provides an administrative process to request ‘Reasonable Accommodation’ for applicants with disabilities seeking relief from the strict application of the established regulations of HBZSO Section 230.28. Such applicants may request reasonable accommodation by setting forth specific reasons as to why accommodation over and above current regulations is necessary under State and Federal laws in accordance with Huntington Beach Municipal Code (HBMC) Section 17.77 Reasonable Accommodation Procedures. These requests are processed as Administrative Permits, to be reviewed and acted upon by the Director of Community Development. Chapter 17.77 of the HBMC currently provides procedures and necessary findings for approval of requests for reasonable accommodation. The HBMC identifies that any person may request reasonable accommodation to modify a zoning or building standard, regulation, policy, or procedure as may be necessary to afford the disabled individual equal opportunity to the use and enjoyment of their dwelling. A request for reasonable accommodation itself does not require submittal of a variance request, because these requests are made on behalf of persons who are legally considered disabled. In this case, the population served by the operation of a sober living 366 home are considered disabled under State and Federal law, and thus a request for reasonable accommodation would be applicable to operators that do not comply with the current applicable buffer distance requirement. HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission, and as such, the Director is referring the subject request for review and action by the Planning Commission. Required Findings There are five required findings when considering action on a request for reasonable accommodation. Pursuant to HBMC Section 17.77.050, a request for reasonable accommodation may be approved or conditionally approved if, on the basis of the application, plans, materials, and testimony submitted, the reviewing authority finds that each finding is met. Below are each of the required findings, with discussion by staff. Note that the last of which is not applicable as the subject property is not located within the Coastal Zone: A. The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. The City recognizes that the housing that is the subject of the request for reasonable accommodation will be used by individuals protected under the Federal Fair Housing Amendments Act of 1988 and California Fair Employment and Housing Act. B. The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The City finds that the request is not necessary to make such housing available to disabled individuals, as defined by state or federal law. To date, the City has approved six Special Use Permits for sober living facilities that comply with the regulations of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), and upon full implementation of the requirements of the HBZSO, many more will also be available on properties that received City approval to operate. Furthermore, an online search and contact of advertising facilities identifies that multiple sober living beds are currently available for disabled persons within the City. Therefore, the request for reasonable accommodation is not necessary to make such housing available to a disabled individual, as defined by state or federal law. C. The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. The City recognizes that the requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 367 D. The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City’s zoning or building laws, policies, or procedures. The Planning Commission finds the reasonable accommodation would require a fundamental alteration to the nature of a City program or to the City’s zoning or building laws, policies, or procedures because the operation of the subject sober living home is within the minimum one thousand (1000) foot buffer from an operating Group Home, Sober Living Home, or Residential Care Facility, as classified by the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The City seeks to ensure that disabled persons recovering from addiction can reside in a comfortable residential environment versus in an institutional setting. The subject sober living home is in such close proximity (60 linear feet) that it does not provide the disabled resident with the opportunity to live in normal residential surroundings and instead places such individuals into living environments more in common with the types of institutional living that state and federal laws were designed to provide them relief from. As such, the request would result in an overconcentration, and accommodation would require a fundamental alteration to the nature of the City’s zoning laws and modification of the policy intent behind regulation. Two of the four (Findings B and D) applicable findings for reasonable accommodation cannot be met, as identified above. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: Residential Low Density (RL) RL Single Family Residence North and East of Subject Property: RL RL Single Family Residential South and West of Subject Property: RL RL Single Family Residential General Plan Conformance: The proposed request for reasonable accommodation is not consistent with the goals and policies of the General Plan including: Land Use Element Policy LU-2(D): Maintain and protect residential neighborhoods by avoiding the encroachment of incompatible land uses. 368 Goal LU-4: A range of housing types is available to meet the diverse economic, physical, and social needs of future and existing residents, while neighborhood character and residences and well maintained and protected. Policy LU-4(A): Encourage a mix of residential types to accommodate people with diverse housing needs. Housing Element Goal H-1: Maintain and enhance the quality of affordability of existing housing in Huntington Beach. Policy H-1.1: Preserve the character, scale, and quality of established residential neighborhoods. Policy H-5.1: Continue to enforce fair housing laws prohibiting arbitrary discrimination in the building, financing, sales, or rental of housing on the basis of race, religion, family status, national origin, physically (sic) disability or other factors. Policy H-5.3: Support the provision of permanent, affordable, and accessible housing that allows persons with disabilities to live independent lives. Provide assistance to residents making accessibility improvements to their homes. Reasonable accommodation procedures were established in the Municipal Code to ensure that persons with disabilities are provided reasonable accommodation in rules, policies, practices, and procedures that may be necessary to ensure equal access to housing. However, in this instance, the City’s application of land use and zoning standards does not deprive disabled persons of equal access to housing. The subject request to permit a deviation from the mandatory 1,000 linear foot buffer between sober living homes and/or state licensed alcoholism or drug abuse recovery or treatment facilities is not necessary to provide housing for disabled persons because it is possible to obtain approval to operate a sober living home on a property that complies with the locational requirements. Should the City permit the subject request, the intent of the Ordinance to “preserve the residential character of single family neighborhoods” and, among other things, “provide accommodation for the disabled that is reasonable and actually bears some resemblance to the opportunities afforded to non-disabled individuals to use and enjoy a dwelling unit in a single-family neighborhood” would be degraded. The Ordinance was adopted to preserve and enhance the quality of existing housing in the City and the subject request, which would result in non-conformance, is thus not consistent with the goals and policies of the General Plan. Zoning Compliance: The City has adopted regulations to allow group homes, including sober living homes, to be located in residential neighborhoods. The intent of these regulations is to ensure that facilities maintain compatibility with the residential neighborhoods in which they are situated, ensure standards of operation, and to establish distance requirements that would prevent overconcentration of facilities in the neighborhood. The facility requesting 369 reasonable accommodation is approximately 60 linear feet east from an existing elderly Group Home, under the minimum 1,000 linear foot distance buffer requirement. As discussed in the suggested findings, the approval of the subject request would lead to a fundamental alteration of the City’s zoning program. In adopting the regulations of group homes, including sober living homes, the City Council made the finding that without some regulation there is no way of ensuring that the sober living home is operated professionally to minimize impacts to the surrounding neighborhood, and that the secondary impacts from over-concentration of sober living homes are reduced. Granting the accommodation to consider the subject facility as exempt from the requirements from HBZSO Section 230.28 would prevent the City from applying any zoning regulations applicable to a sober living home operation. Urban Design Guidelines Conformance: Not Applicable. Environmental Status: Action on Administrative Permit No. 22-015 is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031 Existing Facilities of the CEQA Guidelines, in that the project involves no expansion of an existing use. Coastal Status: Not Applicable. Design Review Board: Not Applicable. Public Notification: Reasonable Accommodation requests that do not affect a required setback are exempt from public notification requirements. Application Processing Dates: DATE OF COMPLETE APPLICATION: PROPOSED DATE OF ACTION: January 15, 2023 June 27, 2023 SUMMARY: Staff recommends that the Planning Commission deny the subject request based upon the following: - Request fails to meet all the mandatory findings of the Municipal Code - Request is not consistent with the goals and policies of the General Plan ATTACHMENTS: 1. Suggested Findings for Denial 2. Request for Reasonable Accommodation dated November 16, 2022 370 3. Subject Property to Existing Elderly Group Home 4. Planning Commission Staff Report dated June 9, 2020 5. HBZSO Section 230.28 Group Homes 6. HBMC Section 17.77 Reasonable Accommodation 371 Appeal of Planning Commission’s Denial of Administrative Permit No. 22-015 City Council November 21, 2023 -----~ --------~ -----=-= -------- -......-~----· -----_.._ -------=--------=;:;------~ ~-==--::- 372 Request •To provide reasonable accommodation to the operator of a sober living home on a property located 60 linear feet from an existing residential care facility •Does not comply with required 1,000 linear foot buffer between group homes, sober living homes, or residential care facilities 373 Subject Property •9452 Castlegate Drive (Southside of Castlegate Drive, west of Bushard Street) Elderly Group Home Subject Property • 9381 Castlegate Dr • 9411 Castlegate Dr • 9421 Casdegate Dr • 944 1 Castlegate Or • 9461 Castlegate Dr • 9391 Castlegate Dr • 9401 Castlegate Dr • 9451 Casllegate Or .---------C_ast/egate Dr. '"••-•••we.• I I .-, .. "'""' ~~---------------...J~ &9422 C•stleg•te Or 20661 Brookdale Ln ... 20671 Brookdale Ln ... • C _J 20652 Brookdale Ln ... 20672 Brookdale Ln ... 942 1 Harcoun Cir ... 9441 Harcoun Cir ... Harcourt Cir. • 9462 Cas tlegate Or 9451 Harcoun Cir ... 946 1 Harcourt Cir ... • 20591 Paisley Ln • 20601 Pa isley Ln ~ 20621 Paisley l n • 20631 Pa isley Ln ..._ 20641 Paisley Ln • 20651 Pa isley Ln • 20661 Pa isley Ln C _J ~ Q) -en ■-co 0.... Measurement Result 60 .4 Feet 374 Background •October 2020: City Council adopted group home regulations •HBZSO Section 230.28 Group Homes •Ministerial approval of any group home or sober living home serving 6 or fewer persons via Special Use Permit (SUP) •Require 1,000 linear foot buffer between each sober living home and/or residential care facility 375 Special Use Permit •November 2022: Applicant files request for SUP No. 22-012 •Subject property (9452 Castlegate) does not comply with 1,000 buffer •Not eligible for ministerial approval •Application deemed void •No further action taken 376 Reasonable Accommodation •Applicants with disabilities seeking relief from strict application of the regulations of HBZSO •Requests processed as Administrative Permit •Reviewed and acted upon by Director of Community Development •Procedures and necessary findings identified in Huntington Beach Municipal Code (HBMC) Chapter 17.77 •HBZSO Section 202.10 enables the Director of Community Development to refer matters involving development issues to the Planning Commission 377 Required Findings •Five required findings when considering action on reasonable accommodation requests 1.The housing, which is the subject of the request for reasonable accommodation, will be used by an individual protected under the Acts. 2.The request for reasonable accommodation is necessary to make specific housing available to an individual protected under the Acts. The request is not necessary to make such housing available to disabled individuals. The City has issued six SUPs that comply with regulations and multiple sober living beds are currently available. 3.The requested reasonable accommodation will not impose an undue financial or administrative burden on the City. 4.The requested reasonable accommodation will not require a fundamental alteration to the nature of a City program, or to the City’s zoning or building laws, policies, or procedures. The request would require a fundamental alteration to the City’s zoning code, in that the subject property is within 288 linear feet of a residential care facility, which does not comply with the 1,000 minimum buffer. 5. Not Applicable – Relates to housing in the Coastal Zone. 378 Planning Commission Action •July 11, 2023: Planning Commission voted unanimously to deny request •Property owner appealed decision to City Council on July 21, 2023 379 Planning Commission and Staff Recommendation •Deny Administrative Permit No. 22-015 •Request does not meet 2 of the 4 applicable findings for approval 380 Questions? 381 From:Estanislau, Robin To:Switzer, Donna; Moore, Tania Subject:FW: Request for Continuance - Item #27 on November 7th Agenda Date:Monday, November 6, 2023 5:20:06 PM Attachments:image001.png SC From: Beckman, Hayden <hayden.beckman@surfcity-hb.org> Sent: Monday, November 6, 2023 5:05 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org>; Hopkins, Travis <thopkins@surfcity-hb.org>; Gates, Michael <Michael.Gates@surfcity-hb.org>; Hyland, Connor <connor.hyland@surfcity-hb.org>; Estanislau, Robin <Robin.Estanislau@surfcity-hb.org> Cc: Villasenor, Jennifer <JVillasenor@surfcity-hb.org>; Ramos, Ricky <rramos@surfcity-hb.org>; Hoang, Jimmy <Jimmy.Hoang@surfcity-hb.org> Subject: Request for Continuance - Item #27 on November 7th Agenda Good Evening Honorable Mayor and Councilmembers, Staff would like to advise that counsel for the appellant of Item #27 (below) has requested a continuance of this item to the next regularly scheduled Council meeting on November 21, 2023. Regards, 11/07/2023 27 (23-751) AOMIN ISlRA T,IVE PUBLIC HE ARING 27. 23.;751: .A.p,pea1i of the Plann ing Commis,s i on'';s den ial o,f Admin istrativ e Permit No. 22~15 (Legacy Living LLC Sober· living Reasona ible .A,c,commodat ion), Recommended Act1on:: Deny the appea and uphol d the P.lanni ng Commission 'sdenia'I of Adminis1raUve Permit No . 22-015 w ith findings of dent-al (Attachment No,, 1). l-8 HAYlilEN BECKMAN Sef!Ior Plltrmer Commillr/ty Development Department City of H untington Beac h <@ 714 •536-5561 Offi ce El haydeo.beckma111@surfclty-h b.org @ www.huntingt on1>eac11ca.gov 382 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1017 MEETING DATE:11/21/2023 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Theresa St. Peter, Interim Director of Human Resources PREPARED BY:Theresa St. Peter, Interim Director of Human Resources Subject: Approve Resolution No. 2023-60 and Amendment No. 1 to Employment Agreement with Eric G. Parra - Interim City Manager/Police Chief Statement of Issue: City Manager, Al Zelinka, resigned to retire from public employment effective November 8, 2023. Eric G. Parra, who has served as the Chief of Police since December 27, 2021, has agreed to serve as the Interim City Manager/Chief of Police until a recruitment can be conducted and a candidate is selected to permanently fill the City Manager vacancy. The attached Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Eric G. Parra dated November 21, 2023 outlines any and all changes to his original Employment Agreement with the City of Huntington Beach. Financial Impact: This temporary out-of-class assignment will result in a savings of $121,019 as the Chief of Police will serve a dual role as Interim City Manager/Chief of Police. Recommended Action: A) Approve Amendment No. 1 to the Employment Agreement between the City of Huntington Beach and Eric G. Parra; and B) Approve Resolution No. 2023-60, “A Resolution of the City Council of the City of Huntington Beach Amending the Non-Associated Employees Pay and Benefits Resolution (Exhibit 1A) Non- Associated Appointed Executive Management Salary Schedule” to create the Interim City Manager/Police Chief classification and salary range. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: Eric Parra has done an outstanding job as Chief of Police for the City of Huntington Beach. As Chief City of Huntington Beach Printed on 11/15/2023Page 1 of 2 powered by Legistar™383 File #:23-1017 MEETING DATE:11/21/2023 and member of the Executive Leadership Team, he is aware of the current issues facing the City as well as the major initiatives and ongoing goals of the City Council; as such, Mr. Parra is well-suited to perform the dual role of Chief and Interim City Manager, while the City conducts a recruitment to permanently fill the City Manager vacancy. Additionally, this interim position will yield a cost savings of $121,019 for the City. This temporary assignment for Mr. Parra will be considered as an out-of-class assignment as allowed per the City’s retirement system, California Public Employees’ Retirement System (CalPERS). As such, Mr. Parra will retain his status as a safety employee. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 3 - High Performing Organization, Strategy B - Fill department director and other key vacancies to lead and provide essential services to the community. For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Amendment No. 1 to Employment Agreement Between the City of Huntington Beach and Eric G. Parra 2. Resolution No. 2023-60 Amending the Salary Schedule for Non-Associated Appointed Executive Management Salary Schedule - Exhibit 1A City of Huntington Beach Printed on 11/15/2023Page 2 of 2 powered by Legistar™384 AMENDMENT NO. 1 TO EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA THIS AMENDMENT is made and entered into between the City of Huntington Beach, a California municipal corporation, hereinafter referred to as "City," and Eric G. Parra, hereinafter referred to as "Parra." WHEREAS, Parra is cunently employed by City as its Police Chief, and it is the desire of City to retain the services of Pana as Interim City Manager/Police Chief until City appoints a permanent City Manager; and Parra and City desire to amend that certain agreement dated December 2, 2021 entitled "Employment Agreement Between the City of Huntington Beach and Eric G. Parra," hereinafter refened to as the "Original Agreement," to provide for the appointment of Parra as City's Interim City Manager/Police Chief; and It is the desire of City to: ( 1) provide inducement for Parra to become the Interim City Manager/Police Chief and remain in City's employment; (2) make possible full work productivity by providing Parra with assurances regarding his employment; and (3) provide an equitable means for Parra to return to his current position as Police Chief upon City's selection of a permanent City Manager. NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, the parties hereto agree as follows: 1. APPOINTMENT AS INTERIM CITY MANAGER Effective November 9, 2023, the City Council of City hereby appoints Parra as the Interim City Manager/Police Chief of the City of Huntington Beach, to perform the functions and duties of City Manager specified in the City Charter, and continue to perform the functions and duties of Police Chief, and also to perform other legally permissible duties and functions as the City Council shall from time to time assign. 2. TERM This Amendment shall remain in effect untll a permanent City Manager is selected by the City Council, or until terminated by either party as set forth in Section 3 herein. 3. TERMINATION A. This Amendment will automatically terminate upon the City Council's appointment of a permanent City Manager, or as otherwise provided herein. B. Either party may terminate this Amendment after providing the other party with a thirty-day (30) notice of intention to terminate this Agreement. Such notice can be provided at anytime. 385 C. Upon any termination hereof, Parra shall be returned to his previous position of Police Chief of City under the terms and conditions contained in the Original Agreement, a copy of which is attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 4. COMPENSATION During the term of this Amendment, City agrees to pay Parra the amount of $153.85 per hour as base salary, payable in installments at the same time as other employees of City are paid. Except as specifically modified herein, all other terms and conditions of the Original Agreement related to compensation shall remain unchanged, and in full force and effect. 5. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. PARRA: Eric G. Parra City Attorney 2 CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor City Clerk 386 EMPLOYMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ERIC G. PARRA THIS AGREEMENT is entered into this 2nd day of December, 2021, between the City of Huntington Beach, a California municipal corporation, hereinafter "City," and Eric G. Parra, hereinafter "Parra." WITNESSETH WHEREAS, the City Manager has been empowered to appoint and remove the Police Chief, with approval of the City Council; and WHEREAS, the City, through the City Manager, desires to employ the services of Parra as the Police Chief for the City of Huntington Beach; and WHEREAS, the City seeks to provide certain benefits, establish ce1iain conditions of employment, and to set working conditions of Parra; and WHEREAS, the City intends to: (1) Secure, retain, and employ the services of Parra; and (2) Provide a means for terminating Parra's service; and (3) Parra accepts employment as the City's Police Chief; NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: Eric Parra Police Chief Employment Agreement 387 Eric Parra -Police Chief Employment Agreement December 2, 2021 Page2of8 SECTION 1. DUTIES. The City agrees to employ Parra as Police Chief of the City to perform the functions and duties of that office as set forth in the Municipal Code of the City of Huntington Beach and the City Charter, and to perform other duties and functions as the City Manager shall from time to time assign. Parra shall devote his full attention and effort to the office and perform the mentioned duties and functions in a professional mam1er. SECTION 2. STATUS AND TERM. (a) Parra shall serve for an indefinite term at the pleasure of the City Manager and shall be considered an at-will employee of the City. (b) Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of the City Manager to terminate the employment of Parra at any time, subject only to the provisions set fmih in Section 6, subparagraphs (a), (b) and ( c) of this Agreement, and Section 401 of the Charter of the City of Huntington Beach. ( c) Nothing in this Agreement shall prevent, limit, or otherwise interfere with the right of Parra to resign at any time from his position with the City, subject only to the provisions set forth in Section 6, subparagraph ( d), of this Agreement. ( d) Parra agrees to remain in the exclusive employ of City for an indefinite period of time and shall neither accept other employment nor become employed by any other employer without the prior written approval of the City Manager until notice of Parra's resignation is given. (e) The term "employed" (and derivations of that term as used in the preceding paragraph) shall include employment by another legal entity or self-employment, however, shall 388 El'ic Parra-Police Chief Employment Agreement December 2, 2021 Page 3 of8 not be construed lo include occasional teaching, writiug, consulting, or military reserve service performed on Parra's time off, and with the advance approval of the City Manager. SECTION 3. SALARY. City agrees to pay Parra for his services rendered pursuant to this Agreement at Range NA00l 1, Step E ($ 106.31 / hour) of the City's classification and compensation plan or Resolutions or Ordinances from time to time enacted that govern such compensation. SECTION 4. OTHER BENEFITS. In addition to the foregoing benefits, Parra shall also receive all such other benefits that are generally applicable to non-associated employees (Department Heads) hired after 12/27/97, as set forth in Huntington Beach City Council Resolution No. 2016-50, entitled "A Resolution Of The City Council Of The City Of Huntington Beach Modifying Salwy And Benefits For Non- Represented Employees Including The Elected City Attorney, City Clerk, And City Treasurer, " a copy of which is attached hereto as Exhibit "A" and incorporated by reference as fully set forth herein. Parra will also receive Longevity Pay in the amount of 11 % per year. Further, Parra shall receive ancillary benefits provided to Police Management Association (PMA) members with regard to Education Pay (6% per year), Advanced POST Certificate Pay (6% per year). Finally, in order to install security upgrades at Parra's primary residence located in Huntington Beach, the City shall reimburse Parra an amount not to exceed $15,000 for reasonable security enhancements deemed eligible by the City Manager, whose approval shall not be umeasonably withheld. SECTION 5. ADMINISTRATIVE LEA VE. The City Manager may place Parra on Administrative Leave with full pay and benefits at any time during the term of this Agreement. 389 Eric Pana -Police Chief Em11Ioyment Agreement December 2, 2021 Page 4 of8 SECTION 6. TERMINATION AND SEVERANCE PAY. (a) Except as provided in subsection (b), in the event the City Manager terminates the employment of Parra, and during such time that Parra is willing and able to perform his duties under this Agreement, then City shall pay to Parra a severance pay as follows: nine (9) months' base salary and benefits if terminated without cause during the first twelve (12) months of Parra's employment; then six (6) months' base salary and benefits if terminated without cause during the thirteenth (13th) and subsequent months of Parra's employment. (b) Notwithstanding subsection (a) above, the following reasons shall constitute grounds to terminate the employment of Parra without severance pay: (i) a willful breach of this agreement or the willful and repeated neglect by Parra to perform duties that he is required to perform; (ii) conviction of any criminal act relating to employment with the City; (iii) conviction of a felony. (2) Prior to the time that the City Manager terminates Parra without severance pay for any of the reasons set forth in Section (b)(l) above, and only in that case, the City Manager shall provide Parra with written notice of proposed termination which will include the reason and factual basis for termination. Within ten days of such notice, Parra may request an opp01iunity to respond to the reasons and factual basis provided by the City Manager. If such a request to respond is made, the City Manager shall conduct a meeting, which may be informal in nature, that Parra may respond to the notice of proposed termination. At such meeting, Parra may be represented by an attorney of his choice and present evidence or information relevant to the reasons and factual basis set forth in the notice of proposed termination. Subsequently, the decision of the City Manager as to whether reasons set forth in Section (b )(1) exist or do not exist shall be final as between the parties. 390 Eric Parm -Police Chief Employment Agreement December 2, 2021 Page 5 of8 ( c) In the event the City at any time during the term of this Agreement, reduces the salary of Parra from its current level, except as part of an across-the-board reduction for all Directors of City, or in the event City refuses, following written notice, to extend to Parra any non- salary benefit customarily available to all Directors, or in the event Parra resigns following a suggestion, whether formal or informal, by the City Manager that he resign, then, Parra may, at his option, be deemed to be "terminated." The termination date will occur then at the date of reduetion or refosal to extend or such suggestion of resignation within the meaning and context of the severance pay provision in subparagraph (a) above; provided that the option to be deemed terminated is exercised by written notice from Parra and delivered to the City Manager within ten (10) working days of notification of such reduction, refusal to extend, or suggestion of resignation. In that event, the severance payment shall be calculated from the date Parra exercises the option to be deemed terminated. ( d) In the event Pmrn voluntarily resigns his position, Parra shall give City written notice at least thirty (30) days prior to the last workday, unless the City Manager and Parra otherwise agree. ( e) It is understood that after notice of termination in any form, Parra and the City will cooperate to provide for an orderly transition. Specific responsibilities during such transition may be specified in a written separation agreement. SECTION 7. DISABILITY. If Parra is medically, physically disabled or otherwise unable to perform his duties because of sickness, accident, injury, mental incapacity or ill health, and has provided proof of the same from a medical professional, he shall be eligible for Disability Leave upon exhausting all accrued sick leave, general leave and executive leave, and duty injury leave if applicable. Disability Leave shall be unpaid and shall be approved by the City Manager for a time period of up to three (3) 391 Eric Parra -Police Chief Employment Agreement December 2, 2021 Page 6 of8 months. The length of such time period of the Disability Leave shall be dependent upon the length of the disability as demonstrated by Parra. If Parra is unable to return to work at that time, the City shall have the option to terminate the employment of Parra, subject to the requirements imposed on City by Section 6, paragraph (a). SECTION 8. PERFORMANCE EVALUATION. The City Manager shall review and evaluate in writing the performance of Parra at least once annually. That review and evaluation shall be in accordance with specific criteria developed in consultation with Parra and the City Manager. Those criteria may be added to or subtracted from as the City Manager may from time to time determine, in consultation with Parra. SECTION 9. GENERAL AND EXECUTIVE LEAVE (a) Parra shall acerue General Leave in accordance with the General Leave accrual provisions applicable to Department Heads of the City as contained in the Non-Associated Resolution (Exhibit "A"). Parra shall be credited for his years of service at other CalPERS and CalPERS reciprocal agencies in determining his annual general leave accrual allowance. Upon executing this agreement, Parra shall be credited with an initial allocation of 40 hours that will be added to Parra's General Leave accrual bank. Parra shall be credited 80 hours of Executive Leave on January I of each calendar year, and shall be provided with an initial allocation of 80 Executive Leave hours upon his first day of employment for his initial calendar year with the City. (b) Executive Leave must be used in the same calendar year it is credited, and unused Executive Leave may not be carried forward to the next calendar year or cashed out at any time. General Leave shall be accrued in accordance with the appropriate provisions of the Non- Associated Resolution (Exhibit "A"). Parra shall provide the City Manager with reasonable notice prior to taking two (2) or more General Leave or Executive Leave days off. 392 Eric Parm -Police Chief Employment Agreement December 2, 2021 Page7of8 SECTION 10. PROFESSIONAL DEVELOPMENT. The City agrees to budget and pay for Parra's professional memberships as normally accorded to Department Heads. Parra shall also receive paid leave, plus registration, travel and reasonable expenses for short courses, conferences and seminars that are necessary for professional / personal development and, in the judgment of the City Manager, for the good of the City, and subject to budget limitations and to established travel policies and procedures. SECTION 11. FINANCIAL DISCLOSURE. Parra shall report to the City Manager any ownership interest in real prope1ty within the County of Orange, excluding personal residence. Parra shall also complete and file annually, Financial Disclosure 700 Forms. Also, Parra shall report to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for City or from which City intends to make a purchase. Such reporting shall be made in writing by Parra to the City Manager within ten (I 0) calendar days of the execution of this agreement and within ten (I 0) calendar days of acquisition of that interest in real prope1iy. Additionally, Parra shall repo1i in writing to the City Manager any financial interest greater than Ten Thousand Dollars ($10,000) in value in a firm doing work for the City or from whom the City intends to make a purchase immediately upon notice of the intended work or purchase. SECTION 12. INDEMNIFICATION. The City shall defend and indemnify Parra against actions, including but not limited to any: tort, professional liability claim or demand, or other non-criminal legal, equitable or administrative action, arising out of an alleged act or omission occurring in the performance of Parra during the discharge of his duties as an employee / officer of the City, other than an action brought by the City against Parra, or an action filed against the City by Parra. The City shall pay the reasonable expenses for the travel, lodging, meals, and lost work time of Parra should Pana be subject to such, should an action be pending after termination of Parra. The City shall be responsible for and have authority to 393 Eric Parra -Police Chief Employment Agreement December 2, 2021 Page 8 of8 compromise and settle any action, with prior consultation with Parra, and pay the amount of any settlement or judgment rendered on that action. Parra shall cooperate fully with the City in the settlement, compromise, preparation of the defense, or trial of any such action. SECTION 13. GENERAL PROVISIONS. (a) The text herein shall constitute the entire Agreement between the parties. (b) This Agreement shall become effective commencing December 27, 2021. ( c) If any provision, or any po1tion of any provision, contained in this Agreement is held unconstitutional, invalid, or unenforceable, the remainder of this Agreement, or any po1tion of it, shall be deemed severable, shall not be affected and shall remain in full force and effect. (d) No amendment of this Agreement shall be effective unless in writing and signed by both parties. IN WITNESS WHEREOF, City has caused this Agreement to be signed and executed on its behalf by its City Manager, and Parra has signed and executed this Agreement, both in duplicate, the day and year first above written. ... Oliver Chi, City Manager PARRA:~ ~0 394 RESOLUTION NO. 2023-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE NON-ASSOCIATED EMPLOYEES PAY AND BENEFITS RESOLUTION (EXHIBIT I A) NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE WHEREAS, the City Council of the City of Huntington Beach desires to amend the salary schedule for certain non-represented employees upon adoption of this Resolution: NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: SECTION 1. The classification and salary range for Interim City Manager/Police Chief shall be established. SECTION 2 . The above changes in Section I and Section 2 shall be reflected in the attached Exhibit IA Non-Associated Appointed Executive Management Salary Schedule. SECTION 3. Any existing provisions in conflict with the foregoing, whether by minute action or Resolution of the City Council, are hereby repealed. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2l51 day of November, 2023. INITIATED AND APPROVED: ~~Ls~~ Theresa St. Peter, Interim Human Resources D irector 23-13749/323145 Mayor City Clerk APPROVED AS TO FORM: f-..r City Attorney 395 EXHIBIT 1 NON-ASSOCIATED APPOINTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Effective November 9, 2023* Starting Point Control Point High Point Job No Description Pay Range A B C D E F G EXECUTIVE MANAGEMENT 0591 City Manager NA0591 Per Contract 139.86 153.85 0029 Interim City Manager 289 98.36 103.28 108.44 113.87 119.56 125.54 131.82 0925 Interim City Manager/Police Chief NA0591 Per Contract 153.85 DEPARTMENT HEADS 0592 Assistant City Manager 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0015 Fire Chief 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0011 Police Chief 281 90.84 95.38 100.15 105.15 110.41 115.93 121.73 0518 Chief Financial Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0479 Chief Information Officer 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0589 Community Development Director 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0574 Director of Human Resources 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0801 Director of Community & Library Services 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 0010 Director of Public Works 269 80.61 84.64 88.88 93.32 97.99 102.88 108.03 CONTRACT NON-DEPARTMENT HEADS 0593 Chief Assistant City Attorney 267 79.02 82.98 87.12 91.48 96.05 100.86 105.90 0778 Director of Homelessness & Behavioral Health Services 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0845 Deputy Director of Public Works 258 72.26 75.87 79.66 83.64 87.83 92.22 96.83 0900 Assistant Chief Financial Officer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0850 Deputy Director of Administrative Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0855 Deputy Director of Community & Library Services 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0840 Deputy Director of Community Development 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0779 Deputy City Manager 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0906 Deputy City Treasurer 249 66.07 69.37 72.84 76.48 80.30 84.32 88.53 0699 Deputy Community Prosecutor 206 43.07 45.22 47.48 49.86 52.35 54.97 57.72 *Per Resolution No. 2023-60 adopted November 21, 2023, the position of Interim City Manager/Police Chief was established 396 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1020 MEETING DATE:11/21/2023 Item Submitted by Council Member Moser - Addressing Veteran Homelessness In Our Community Request the City Manager and staff to present the following information at a study session in the first quarter of 2024: ·Schedule and conduct a collaborative study session focused on Veteran homelessness. ·Develop a targeted action plan based on the findings of the study session to address gaps and opportunities related to Veteran homelessness. ·Engage with local, state, and federal agencies to maximize resources and support for this initiative. ·Regularly review and adjust the strategy to ensure continued progress and effectiveness. City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™397 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T TO : CI T Y C O U N C I L FR O M : NA T A L I E M O S E R , C O U N C I L M E M B E R DA T E : NO V E M B E R 2 1 , 2 0 2 3 SU B J E C T : AD D R E S S I N G V E T E R A N H O M E L E S S N E S S I N O U R C O M M U N I T Y Is s u e S t a t e m e n t In al i g n m e n t wi t h ou r up d a t e d St r a t e g i c Pl a n , wh e r e ad d r e s s i n g ho m e l e s s n e s s is a pr i m a r y go a l , I br i n g fo r t h a pr e s s i n g is s u e th a t de m a n d s ou r im m e d i a t e at t e n t i o n an d ac t i o n : Ve t e r a n Ho m e l e s s n e s s . Ou r co m m i t m e n t to a co n t i n u u m of ca r e th a t no t on l y re d u c e s ho m e l e s s n e s s bu t al s o ma i n t a i n s th e qu a l i t y of li f e fo r ou r en t i r e co m m u n i t y is cr u c i a l . We ha v e ma d e si g n i f i c a n t st r i d e s in es t a b l i s h i n g an d im p r o v i n g th i s co n t i n u u m ov e r th e ye a r s , de v e l o p i n g a mo r e co n n e c t e d sy s t e m of ca r e to de c r e a s e ho m e l e s s n e s s in ou r co m m u n i t y . Th e im p o r t a n c e of ad d r e s s i n g Ve t e r a n Ho m e l e s s n e s s wa s hi g h l i g h t e d du r i n g t he re c e n t Ve t e r a n ’s Da y ce r e m o n y by L t . Co l o n e l He n d r i c k s o n . He po i g n a n t l y ad d r e s s e d co n c e r n s ab o u t th i s is s u e wi t h i n ou r co m m u n i t y , em p h a s i z i n g , “Th a t ’s no t ri g h t . ” Hi s wo r d s re s o n a t e wi t h th e va l u e s of ou r ci t y an d th e ne e d to en s u r e we ar e ta k i n g ac t i o n . To ad d r e s s th i s , I pr o p o s e a co l l a b o r a t i v e st u d y se s s i o n to th o r o u g h l y re v i e w th e cu r r e n t st a t e of Ve t e r a n ho m e l e s s n e s s in ou r ci t y . Th i s se s s i o n wo u l d in c l u d e : • Ex a m i n a t i o n of Da t a : Re v i e w i n g th e mo s t re c e n t co u n t s an d an e c d o t a l ev i d e n c e of Ve t e r a n ho m el e s s n e s s . • In s i g h t s fr o m So c i a l Se r v i c e s : Ga t h e r i n g an e c d o t a l st o r i e s fr o m ou r So c i a l Se r v i c e s te a m me m b e r s . • En g a g e m e n t wi t h Su p p o r t En t i t i e s : Di s c u s s i n g th e ro l e an d co n t r i b u t i o n s of su p p o r t i v e se r v i c e s , in c l u d i n g ou r Ve t e r a n s Re s o u r c e Ce n t e r . • Re s o u r c e As s e s s m e n t : Ev a l u a t i n g ho u s i n g re s o u r c e s fo r Ve t e r a n s an d av a i l a b l e su p p o r t fr o m F ed e r a l , Sta t e , an d C ou n t y ag e n c i e s . • Id e n t i f y i n g Op p o r t u n i t i e s an d Ga p s : Di s c u s s i n g po t e n t i a l im p r o v e m e n t s an d ga p s wi t h i n ou r cu r r e n t sy s t e m . • Fr o n t l i n e Fe e d b a c k : So l i c i t i n g i de a s an d in s i g h t s fr o m th o s e di r e c t l y in v o l v e d in th e s e ef f o r t s . My re c o m m e n d a t i o n is to in i t i a l l y fo c u s on en s u r i n g we ha v e ac c e s s to an d ar e co n n e c t i n g un h o u s e d ve t e r a n s wi t h ap p l i c a b l e re s o u r c e s , an d ho w we , as a Ci t y Co u n c i l , ca n ad v o c a t e fo r th e i r ne ed s . Th i s ap p r o a c h to ad d r e s s i n g Ve t e r a n ho m e l e s s n e s s al i g n s wi t h ou r br o a d e r go a l of re d u c i n g ho m e l e s s n e s s an d ca n se r v e as a mo d e l fo r ad d r e s s i n g ho m e l e s s n e s s ac r o s s ot h e r po p u l a t i o n s . mn ~ 398 CI T Y O F H U N T I N G T O N B E A C H CI T Y C O U N C I L M E E T I N G – CO U N C I L M E M B E R I T E M S R E P O R T Re c o m m e n d e d A c t i o n s: Re q u e s t t h e C i t y Ma n a g e r an d s t a f f to p r e s e n t t h e f o l l o w i n g i n f o r m a t i o n a t a s t u d y s e s s i o n i n t h e f i r s t q u a r t e r of 2 0 2 4 : • Sc h e d u l e a n d c o n d u c t a c o l l a b o r a t i v e s t u d y s e s s i o n f o c u s e d o n V e t e r a n ho m e l e s s n e s s . • De v e l o p a t a r g e t e d a c t i o n p l a n b a s e d o n t h e f i n d i n g s o f t h e s t u d y s e s s i o n t o ad d r e s s ga p s a n d op p o r t u n i t i e s r e l a t e d t o Ve t e r a n h o m e l e s s n e s s . • En g a g e w i t h l o c a l , s t a t e , a n d f e d e r a l a g e n c i e s t o m a x i m i z e r e s o u r c e s a n d su p p o r t f o r t h i s i n i t i a t i v e . • Re g u l a r l y r e v i e w a n d a d j u s t t h e s t r a t e g y t o e n s u r e c o n t i n u e d p r o g r e s s a n d e f f e c t i v e n e s s . En v i r o n m e n t a l S t a t u s : Th i s a c t i o n i s n o t s u b j e c t t o t h e C a l i f o r n i a E n v i r o n m e n t a l Q u a l i t y A c t ( C E Q A ) p u r s u a n t t o S e c t i o n s 15 0 6 0 ( c ) ( 2 ) ( t he a c t i v i t y w i l l n o t r e s u l t i n a d i r e c t o r r e a s o n a b l y f o r e s e e a b l e i n d i r e c t p h y s i c a l c h a n g e i n t h e en v i r o n m e n t ) a n d 1 5 0 6 0 ( c ) ( 3 ) ( t h e a c t i v i t y i s n o t a p r o j e c t a s d e f i n e d i n S e c t i o n 1 5 3 7 8 ) o f t h e C E Q A Gu i d e l i n e s , C a l i f o r n i a C o d e o f R e g u l a t i o n s , T i t l e 1 4 , C h a pt e r 3 , b e c a u s e i t h a s n o p o t e n t i a l f o r r e s u l t i n g i n ph y s i c a l c h a n g e t o t h e e n v i r o n m e n t , d i r e c t l y o r i n d i r e c t l y . St r a t e g i c P l a n G o a l : Go a l 4 - Ho m e l e s s n e s s , S t r a t e g y A - Ex p l o r e o p t i o n s t o c o l l a b o r a t e w i t h f a i t h a n d c o m m u n i t y -ba s e d or g a n i z a t i o n s , t h e Ci t y ' s H B C a r e s V o l u n t e e r p r o g r a m , C a l O p t i m a , a n d o t h e r s t o p r o v i d e s o c i a l s e r v i c e s i n a co s t -ef f e c t i v e m a n n e r . Fo r d e t a i l s , v i s i t ww w . h u n t i n g t o n b e a c h c a . g o v / s t r a t e g i c p l a n . mn ~ 399 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:23-1021 MEETING DATE:11/21/2023 Item Submitted by Council Member Moser - Exploring the Feasibility of Becoming a Certified Autism Destination in Huntington Beach Request the City Manager and staff to present the following information at a City Council meeting by the second quarter of 2024: ·Conduct a thorough review of the feasibility and requirements for Huntington Beach to become a Certified Autism Destination. ·Engage with experts and stakeholders, including representatives from the disabled community, to gather insights and recommendations for this initiative. ·Develop a plan outlining the steps, resources, costs, and timeline required to achieve the certification, ensuring alignment with the guidelines provided in the APA’s Autism Planning and Design Guidelines 1.0. City of Huntington Beach Printed on 11/15/2023Page 1 of 1 powered by Legistar™400 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING -COUNCIL MEMBER ITEMS REPORT TO: FROM: DATE: SUBJECT: Issue Statement CITY COUNCIL NATALIE MOSER, COUNCIL MEMBER NOVEMBER 21, 2023 EXPLORING THE FEASIBILITY OF BECOMING A CERTIFIED AUTISM DESTINATION IN HUNTINGTON BEACH In our ongoing commitment to enhance accessibility and inclusivity in Huntington Beach, we have made significant strides in improving access for the disabled community. Our efforts have been evident through infrastructure improvements such as the Mobi Mat, which provides beach access pathways, and our recent hosting of the International Surfing Association (ISA) Para Surfing Championship. A notable achievement in this endeavor was the collaboration between the City of Huntington Beach and California State University, Long Beach, culminating in the unveiling of an Augmentative and Alternative Communication (AAC) board at Eader Park on September 26. This fully accessible park, adjacent to Eader School and Banning Library, now features this transformative communication tool, offering a vital resource for individuals with disabilities. These initiatives have not only benefited our residents but also enhanced the experience of visitors to our city. While these are commendable first steps, it is crucial to approach our future efforts in a more intentional and systemic manner. To further our commitment to dismantling barriers for disabled residents and visitors, I propose that we explore the possibility of Huntington Beach becoming a Certified Autism Destination. This certification, as exemplified by Mesa, Arizona, would position our city as a leader in accessibility and inclusivity for individuals with autism. In support of this initiative, I refer to the American Planning Association's memo titled "Autism Planning and Design Guidelines 1.0." This document offers valuable insights into best practices and considerations that could guide our efforts in making Huntington Beach a more welcoming and accessible city for everyone, including those with various disabilities. Recommended Actions: Request the City Manager and staff to present the following information at a City Council meeting by the second quarter of 2024: • Conduct a thorough review of the feasibility and requirements for Huntington Beach to become a Certified Autism Destination. 401 CITY OF HUNTINGTON BEACH CITY COUNCIL MEETING -COUNCIL MEMBER ITEMS REPORT •Engage with experts and stakeholders, including representatives from the disabled community, to gather insights and recommendations for this initiative. •Develop a plan outlining the steps, resources, costs, and timeline required to achieve the certification, ensuring alignment with the guidelines provided in the APA's Autism Planning and Design Guidelines 1.0. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment: 1.Autism Planning and Design Guidelines 1.0 2.Presentation- Benefits of Certification ~· (;E) -ll'<G ION ll'-CH 402 Autism Planning and Design Guidelines 1.0 By Kyle Ezell, AJCP cuo; Gala Korniyenko; and Rick Stein, AJCP According to the latest data from the Centers for Disease Contro l and Prevention's Autism and Developmental Disabilities Mon- itoring (ADDM) Network, one in 59 children lived with autism in 20 14, up from one in 150 in 2000 (Figure 1) (CDC 2018b). Autism's increasing prevalence ca ll s for planners to plan and design the public realm to improve the quality of life for people with autism . Officially termed autism spectrum disorder, aut ism's "spec- trum" denotes a wide range of functional, cognit ive, socia l, and behavioral impacts associated with this disability (NIH NINOS 2017). People with autism want to live fulfilled li ves -as does everyone. They deserve to be considered as eq ual participants in the planning process, and their desires should be repre se nt- ed as strong ly and clearly as all others . Planners must be careful that the land scapes that they implement represent the needs of those with autism, too -and planners must plan with them, not for them, to make sure their voices are heard . This PAS Memo introduces a framework for planning with people with autism and offers an initial set of planning and de- sign guidelines for the public rea lm that addresses their needs. This work was the culmination of a year-long research process that included adults with autism, parent caregivers of adults with autism, professionals from planning and planning-related fields, experts on autism, and graduate and undergraduate students atThe Ohio State University. The article first describes the issues faced by those with autism and makes connections to ways in which planners can address these issues. It then introduces the research work, explains the Six Feelings Framework for autism planning and design, and offers some examp les from the Autism Planning and Design Gu id eline s 1.0. Autism and Planning Autism (autism spectrum disorder, or ASD) is a developmental disorder. Autism is often diagnosed during the first years of life when communication issues, chal leng es with sensory respons- es, repetitive behaviors, difficulties with fine motor ski ll s, and cha lleng es in socia l situations are identifi ed (CDC 2018a). 50 Identified Prevalence of Autism Spectrum Disorder in Children 100 1 in 150 150 1 in 59 200 2000 2002 2004 2006 2008 2010 2012 2014 Figure 1. Increase in prevalence of autism among children, 2000-2014 (CDC 2018b) Symptoms present themse lv es differently in every indi - vidua l w ith autism, and some people require significant daily assistance, while others do not (CDC 2018a). Cognitive conditions associated with autism includ e socia l anxiety, agorap hobi a, attention deficit disorder, repetitive behavior, forgetting consequential tasks, depression, and epilepsy, among others (Baum, Stevenson, and Wallace 2015). People with aut ism experience their env ironments very differently, so it is important to understand the direct relationship between their general experi- ences and the scope of planners'work. Cons ider that: • People with aut ism process information differently than "neurotypica l" people (those with typical neurological development and no developmental disabilities), which makes them prone to sensory overload associated stress and anxiety (Baron et al. 2006; Merrill n.d .; DuBois et al. 2017). Planners can remedy the built env ironm ent's effects on adults with autism and also learn how stress and anxi- ety caused by overstimulation can be reduced. • Response to noise (Kanakri et al. 2017) causes many to become distracted and suffer higher rates of sleep prob- lems (Cortesi et al. 201 O). Planners can emp loy zoning and urban design to create more quiet places . American Planning Associat ion I www.planning.org 403 PAS MEMO-JULY/AUGUST 2018 • • • • Sensitivity to light and noise affects many people with autism (Filipe 2017). Planners can propose silent (non- buzzing) streetlights with bulbs that emit softer light to improve their lives. People with autism might also have motor impairments (Ming, Brimacombe, and Wagner 2007). Planners can understand and accommodate these challenges in a wide range of infrastructure designs, such as strong buffers between pedestrians and cars. Very few adults with autism have a driver's license. Among 703 adults with autism in New Jersey, only 9.3 percent had a driver's license (Deka et al. 2016). Many who have a license use it as an identity card rather than a license to drive. Planners can influence transportation policy to enable people with autism to move more freely around the community. Few young adults with autism are employed full time (Pin- ho 2017). Unemployment is often tied to lack of access to jobs and unreliable or nonexistent transportation policies (Hu 2017). Planners can shape new policies, including more mixed residential-employment land uses. Many people with autism have communication challenges and do not enjoy attending meetings. Planners can offer alternative ways to participate in planning processes, such as using on line participatory technologies (Afzalan and Muller 2017). Parents of children (and adult"children"/dependents) with autism are more prone to mental health issues as a result of responsibilities associated with full-time caregiving (Rejani and Ting 2015). Planners can advocate for targeted housing opportunities for people with autism. They can also propose infrastructure improvements that make it easier for people with autism, which can provide caregiver relief. While not every person with autism shares the same health conditions and functional challenges, planners should have a general understanding of autism and how it affects many members of our communities, including family and other care- givers. Planners can then consider the impacts of policies and plans on people with autism and become proactive in creating more inclusive places relative to autism. The"Cliff" and Independence Children with autism rely on significant federal (Social Security and Medicaid), state, and local programs related to access to transportation, education/life/workforce training, and recreation. When they reach the age at which they are legally considered adults (usually 18 or 21, depending on state of residence), gov- ernment funding for these vital programs and services is gener- ally no longer available (Shattuck et al. 2011 ). This loss of financial support can be described as "falling off the cliff" (Carpenter 2015) because funding ends abruptly, yet many new adults with autism continue to lack the skills for independent living . Impacts of the "cliff" are wide reaching. It directly affects caregivers, who will likely be required to provide a higher level of care as a result of losing support from governmental funding 2 and programs (Herrema et al. 2017). It also impacts potential employers who might want to hire adults with autism who suddenly, without transportation funding, have few or no options to get to work (Carr 2017). But the "cliff" most directly impacts adults with autism, including recently transitioned adults who are usually not ready, able, or willing to live alone and provide for themselves as most neurotypical adults are expected to do. For these reasons, planners should begin planning with people with autism by focusing on the pressing needs of adults with autism . Many adults on the autism spectrum -younger or older - will likely not be expected, be able, or desire to live completely on their own. Only a small percentage of adults with autism currently live or will ever truly live independently (Anderson et al. 2014; Heasley 2013; Seltzer et al. 2004). In this context, "indepen- dence"must be carefully understood . It, like autism, involves a spectrum, and directly relates to a person's level offunctionality. A prevailing neurotypical concept of independence should not be assumed for "neurodiverse" populations (Disabled World 2017). Adults with autism should have the option to choose the level of independence they require or need . It is clear, however, that many adults with autism face daily challenges experiencing and navigating the public realm, which is pre- dominantly designed by neurotypical planners with a neuro- typical population in mind. Anticipating and accommodating the independence spectrum clearly falls within the planning profession's domain . Regardless where an adult on the autism spectrum lands or whose definition of independence is used, planners can learn how to modify the public realm to help adults with autism more easily move around their communities; enjoy appropri- ate, affordable, and safe housing; and access quality recreation. Though planning's scope is usually limited to effective tools such as comprehensive and neighborhood planning and zoning, and while planning cannot solve major funding policy issues associated with becoming an adult with autism, plan- ners can improve our communities in targeted ways so adults with autism can thrive. The Research Process Our research attempted to fill a gap between existing knowl- edge about the needs of adults with autism and the practice of city planning, so that planners can create places where adults with autism can thrive. Dr. Emilio Amigo, a licensed clinical therapist,joined our research team as a focus group facilitator. Amigo had the trust of his clients, who were ac- customed to a focus group setting, often discussing lifestyle and built environment issues in sessions. Therefore it made sense for Amigo to facilitate a focus group with 19 adults with autism, supported by students. A parent caregiver focus group of 23 participants was also convened to help provide a caregiver perspective in identify- ing any overlooked or undercommunicated needs their adult children face. Word-for-word transcripts of qualitative data (conversations) indicated many challenges and desires in the daily lives of adults with autism. American Planning Association I www.planning.org 404 PAS MEMO-JULY/AUGUST 2018 Figure 2 (top). Charrette Day/: Professionals propose ideas from the focus groups' data. Photo by Philip Arnold; Figure 3 (bottom). Charrette Day 2: Adults with autism sharing ideas for housing and transportation on Day 2 of the charrette. Photo by Philip Arnold. The focus group data were coded and categorized into 28 infrastructure projects and policy recommendations. These informed a three-day design and policy charrette attended by adults with autism, their parent caregivers, and a team of more than 37 professionals who offered their expert ise. The team included planners, neuroscientists, licensed psychol- ogists, spec ial education researchers, public health officia ls, transportation officia ls, ADA compliance officials, disability professionals and activists, arch itects, land scape architects, civi l engineers, urban designers, leaders on and off of the autism spectrum, and planning students and professors. On the first day of the charrette, the professionals began brainstorming ideas for the 28 policies and infra structure projects supplied by the focus gro ups (Figure 2). The second day of the charrette featured two workshops with adults w ith autism and their parent caregivers, who commented and improved on the ideas of the professionals (Figure 3). The last day featured a presentation summarizing the char- rette findings. Ohio State planning students then organized the findings to form the Six Feelings Framework (described below) with direct oversight by practicing planners and professors. 3 The Six Feelings Framework Our findings from the focus group and charrette process were clear : Planners shou ld plan and design around the feelings that adu lts with autism want to experience in the public realm . The goal of the proposed guidelines was therefore to help adu lts with autism feel included in their commun ities in a built envi- ronment where they can thrive . Six feelings constitute the framework for Autism Planning and Design Guidelines 1.0. These six feelings combine to pro- mote feelings of being included . When an adult with autism is using public spaces or infrastructure, planning and design implementations should make him or her: • Feel connected -The public realm is easi ly reached, entered, and leads to destinations. • Feel free -The public realm offers relative autonomy and the desired spectrum of independence. • Feel clear -The public realm makes sense and is not confusing . • Fee l private -The public realm offers boundaries and provides retreat. • Feel safe -The public realm diminishes the risk of being injured . • Feel ca lm -The public realm mitigates physical sensory issues associated with autism. Although these feelings are also desirable for neurotypical people, they are especial ly crucial with people with autism. Initially, impl ementing plans and design guidelines for one group of people such as adults with autism may not seem practical as there are many other constituents who share the public realm. However, as is the case for implementing uni- versal design, planning through the lens of autism can benefit everyone. The Six Fee lin gs Framework helps planners create spaces and infrastructure that are more usable, comfortab le, and beneficial to all constituents (but particularly adults with autism) who feel more connection, freedom, clarity, safety, privacy (when needed), calm, and ultimately, inclusion. When someone is experiencing specific aspects of the pub- lic realm, these six feelings can trigger other derivative feelings, condit ions, and realizations. A good way to make this clear is to consider the absence of infrastructure -for example, side- walks, which were covered extensive ly during the"draw and discuss" charrette day with adults with autism. Walking on busy streets without sidewa lk s can bring on feel- ings of not being able to connect easily to a destination, which can bring on a secondary response such as anxiety. The missing sidewalk can e limin ate potential feelings of freedom and leave pedestrians also (secondarily) feeling vulnerable. Not knowing where one is expected to walk diminishes feelings of clarity and can trigger the (secondary) condition of anxiety or panic. Being exposed to oncom ing traffic and potentially the property owners of whose land on which one may be trespassing threat- ens feelings of privacy, which can cause secondary insecurity. Feelings of safety, which are espec ially cr itic al for adu lts with autism, are compromised when walk in g in potential danger, as American Planning Associat ion I www.planning.org 405 PAS MEMO-JULY/AUGUST 2018 this raises fight or flight responses. Walking without a sidewalk on a busy street also diminishes feelings of calm. During the charrette, the adults with autism were asked to demonstrate how wide a comfortable sidewalk should be. Standing side by side, facilitators helped the participants determine that the width of three average-sized people stand- ing with plenty of room between them is a good standard, expanding the typical standard sidewalk width from four or five feet -the minimums recommended by the American As- sociation of State Highway and Transportation Officials and the Institute ofTransportation Engineers (PBIC 2015) -to eight feet for them to feel connected and free. Clear separation from the streets in the form of low shrub- bery or low walls or balustrades were also important to create feelings of clarity (cars are on the street, pedestrians are clearly separated from the cars), feelings of safety (pedestrians are far enough away from the street), and feelings of calm (it's a nice, easy walk). While there are infinite combinations of secondary feelings and responses, focusing on the Six Feelings keeps the planning and design framework simple and understandable. Applying the 1.0 Guidelines to Planning Practice As autism is a spectrum, designing with autism in mind offers planners and designers a spectrum of possibilities and rem- edies. Absent a comprehensive set of published and widely tested standards, planners can begin to simply ask whether planning proposals meet the Six Feelings Framework. Ideally, infrastructure designed with autism in mind will evoke all six feelings. Attempting to achieve this adds more thought to the design process. Ohio State city and regional planning students translat- ed the Six Feelings Framework into a first interpretation of standards: the Autism Planning and Design Guidelines 1.0. The following sections provide a few examples of their work in ap- plying these guidelines in the planning and design of common facilities and infrastructure. ' i i I --~ ~ eedbump 24'0" I -> [ ; t~ ~~-r -----s:=-='='"x'==~=="'<==~-A r ~-~~! t ~ I Figure 4. A design for a retail parking lot that integrates the Six Feelings. Courtesy Michelle Williams and Alex Blankenship. 4 Figure 5. Wayfinding integrated with walking paths. Courtesy Michelle Williams and Aerin Ledbetter. Parking Lots An interpretation of a retail parking lot that attempts to inte- grate the Six Feelings (Figure 4) better connects the rows of parking spots to a destination, in this case, a retail store. This se- ries of sidewalks prevents pedestrians from having to navigate around cars that are moving past and entering or backing from parking spaces, evoking feelings of safety (from dangerous cars) and feelings of being connected (from the parking space to the retail store). Speedbumps force car traffic to slow, further supporting feelings of safety. Wayfinding implemented directly on the sidewalk (Figure 5) can bring feelings of clarity (pointing to the destination). Parking lots are often chaotic but this design lowers the poten- tial for sensory overload, making people feel calmer (avoiding distracting headlights and people walking from many direc- tions). More orderly walking networks can increase confidence Figure 6. A design for pick-up and drop-off areas that integrates the Six Feelings. Courtesy Alex Blankenship, Michelle Williams, and Michael Kaufman. American Planning Association I www.planning.org 406 PAS MEMO-JULY/AUGUST 2018 for pedestrians with autism, making them feel freer than they would in standard parking lots. As maximum parking space requirements (versus minimum requirements) are becoming more widely used (Shoup 2017), planners can write codes for parking lots in new developments that would require the same maximum number of spaces and add the new design amenities. Pick-Up/Drop-Off Areas Adults with autism often have difficulty navigating through overwhelming or crowded spaces such as city sidewalks and streets (Heffernan 2016). Many adults with autism do not drive and must rely on people offering automobile rides to and from destinations. In an urban context, city blocks have bus stops and on-street parking, but integrating additional designated areas to pick up and drop off passengers (Figure 6, p. 4) could improve quality life for adults with autism and their caregivers (Lubin and Feeley 2016). Implementing areas for picking passengers up and dropping passengers off can create feelings of clarity ("I know where to go and I know my ride will know where to pick me up'') and feelings of calm ("The person picking me up will also know where to pick me up; now I can relax"). Shelters near the idle lane can offer feel- ings of safety (during bad weather, for instance) and potentially, feelings of privacy (offering a physical place to escape chaos). Although pick-up/drop-off areas threaten the removal of some on-street parking spaces, the growth in ridesharing and the anticipation of automated vehicles, which also require pick- up and drop-off areas, may help justify their implementation . Planners can anticipate this need and begin to select the most appropriate locations for pick-up/drop off infrastructure, taking into account easy access to popular destinations, proximity to local landmarks for easy directions, and collaboration with transit agencies to prohibit bus stops within these zones. Plan- ners might also explore sponsorships by private companies and public agencies, which would be permitted to"brand"their sponsored pick-up/drop-off areas. Housing A major theme during the focus groups and charrette was the need to find appropriate housing for high-functioning adults with autism . Duplexes (sometimes called doubles) are structures with two housing units, desirable for caregiver parents who can be a wall away (Figure 7). Duplexes were also popular ideas for encouraging "intentional neighbors" -nonfamily members -who would be willing to mentor or become a caregiver. Ac- cessory dwelling units (ADUs), sometimes referred to as in-law houses or "granny flats;' offer similar opportunities. ADUs can be affordable for renters or offered rent-free for family members. Duplexes and ADUs can bring feelings of freedom (having a house to call one's own), feelings of privacy and safety (resi- dents with autism can live alone but are still close to available caregivers or mentors), and feelings of calm (if sensory-calming design, materials, and accessories are used in such homes) (Gaines et al. 2016). 5 Figure 1. Duplexes can offer independent yet connected housing options for adults with autism. Courtesy Michelle Williams and Jack Hehemann. Local zoning, and in some cases homeowners'associa- tion rules, determines the viability of duplexes and especially accessory dwelling units. Planners serving communities where codes prohibit these housing options should consider how their regulations impact the potential for helping adults with autism to thrive. Allowing and expanding more options such as duplexes and ADUs (commonly referred to, along with triplex- es, courtyard apartments, and live-work units, among others, as "missing midd le" housing) can offer more supp ly and increased options for affordable housing for the entire community (Lieb- ig, Koenig, and Pynoos 2006; Opticos Design 2018). Soothing Spaces Also referred to in the focus groups as "don't bother me zones;' soothing spaces allow an escape from chaos (Figure 8). Similar to meditation rooms in buildings, these outdoor spaces offer Soothing Space Figure 8. Soothing spaces offer outdoor havens to promote calm- ness, safety, and clarity. Courtesy Michelle Williams. Amer ican Planning Assoc iati on I www.planning.org 407 PAS MEMO-MARCH/APRIL 2018 areas for users to experience feel ings of calm, feelings of pri- vacy, feelings of safety, and feelings of clarity as they are better able to reflect in a safe, soothing environment. When ready, users return to the public, recharged . Planners can locate available, easily accessible spaces in and around busy areas including streets, campuses (both office and educational), active parks, and anywhere serenity and comfort are normally absent (Davidson and Henderson 2017). Planners can also assist in the branding, wayfinding, and informational design of soothing spaces to clearly indicate their purpose and set expectations for user conduct. Multi-Use Trails Multi-use trails were considered by many participants as being too multi-use -in other words, the trails combined walking or running and cycling on the same crowded, roughly 10-foot- wide path. The participants reported high risk for conflicts, with high-speed cyclists on racing bicycles sharing the same space as leisure cycl ists and children on training wheels. Big Ideas for Autism Planning and Design Along with facility-specific design interventions, compelling policy and program ideas emerged from the research that are more theoretical and large scale, such as transit systems mod- els based on the Six Feelings framework. Transit networks often resemble a "hub and spoke" system (Figure 10, left). Here, routes start on the outskirts of a city (the spokes) and work toward the middle (the hub), then go back out, creating long, linear lines. While this popular system design may appear to be logical and practical, many areas be- tween the spokes are not easily accessible to transit. Consider the user who lives on the edge of the city, whose workplace is also located on the outskirts and only a few miles away -but not on a transit line. This user will likely experience feelings of not being connected. As is the case in many cities, this rider probably would be required to transfer at "the hub" (usually downtown) before traveling back out of town to get to work, extending a trip far longer than it needed to be. Shifting to a model that resembles an atom shape (Fig- ure 10, right) would create a series of looping, intersecting, and overlapping routes, increasing opportunities for transfer points and therefore higher connectivity throughout the city. Now riders can more easily travel to nearby or crosstown des- tinations, feeling free (easy, accessible transit options provide a sense of independence), feeling clear (the transit system is easy to understand and use), and feeling calm. Another big idea was the "I need assistance" symbol (Figure 11). It was widely noted that sometimes adults with autism become confused when in public. They may need directions to their destination or may be experiencing distress. Similar to the International Symbol of Access (the blue square overlaid with a white stylized image of a person 6 1 ---_j .J ~~ I 10·-o· 10·-o· 7 22'-0' -------- Figure 9. Separating multi-use paths into separate lanes of equal widths for different uses reduces user conflicts. Courtesy Michael Kaufman and Dalton Walker. Clearly separating multi-use paths into spaces for each use and designing physical barriers to split the direction of movement (Figure 9) will significantly lessen conflict concerns, Figure 10 (left). Conventional (left) and Six Feelings-based (right) transit system models. Courtesy Michael Widman and Michael Kaufman; Figure 11 (right). An "/ Need Assistance" symbol. Courtesy Kyle Ezell, Michael Kaufman, and Safa Saleh. in a wheelchair) that signifies barr ier-free access, an appro- priately scaled magenta dot (magenta was a color liked by adults with autism in the charrette) would be prominently placed on the sides of buildings and in storefront windows to indicate help is inside or nearby. This idea will require major programming design since it involves two remedies for people with autism -information/ wayfinding as well as people who are available to help. Providing this help would require significant training for the people inside the bui lding with the dot. This program may be outside of a planner's expertise and abilities, but planners should be a part of the conversation. Planners can certainly assist in wayfinding -under or near the dot -where people who need assistance can, in the absence of a trained person ready to assist, at least experi- ence feelings of clarity and feelings of calm, seeing useful information that could help them get further help. American Planning Association I www.planning.org 408 PAS MEMO -JULY/AUGUST 2018 boosting feelings of clarity, feelings of safety, feelings of calm, and feelings of freedom. Greenways and parks planners can establish new policies for right-of-way expectations for wider separated use paths. Planners can work with civil engineers designing specifica- tions that will work best for each built environment context (for example, path width would need to be narrower in more developed areas) (Deka, Feeley, and Lubin 2016). Planners can also work with landscape architects to establish plans for implementing soothing vegetation and benches, shelters, and other infrastructure that would assist the path's Six Feelings implementation . Conclusion The Six Feelings Framework was developed as an outcome of the focus groups and charrette at The Ohio State University as described above. It is intended to serve as the basis for a set of planning and design guidelines to help make public infrastructure and facilities not only more inclusive of people with autism but more clear, comfortable, safe, and freeing for everyone in a community. The culmination of this research project was the develop- ment of an initial set of planning and design standards: the Autism Planning and Design Guidelines 1.0, some examples of which have been shared in this article. While we believe that this work has the potential to improve lives of adults with autism, there were significant limitations in the creation of these guidelines. Most obviously, time was a factor, as this study comprised an academic year. Almost everyone involved was based in Columbus, Ohio, and the concerns, views, and experiences of our Ohio research participants may not represent the views and experiences of the rest of the U.S. and the world. Finally, although city planners, planning professors, and our profes- sional advisory group, Autism Living , were directly involved in continuous reviews of students'work, the planning and design framework that emerged from our research was not directly tested by professional planners. Professional planners are encouraged to refine this work and engage in further study from this starting point. Test the Six Feelings Framework in your communities . Consider how to improve new plans, zoning codes, and planning proposals. We hope that our initial ideas in this toolkit are challenged and improved on by planners and profess ional s in allied fields such as architects, landscape architects, civil engineers, ADA coordi- nators, and public health professionals. We also hope that real estate developers will embrace these ideas and include the Six Feelings Framework in their proposals . Planners care about the people in our communities. We can help people with autism find ways to make their lives better and thrive. This is just a start. 7 About the Authors Kyle Ezell, AICP cuo, is a professor of practice at The Ohio State University's Knowlton School's City and Regional Planning program, owner of Ezell Planning and Design, LTD, and an administrator of the American Planning Association's Planning for Underserved Populations Interest Group. https://knowlton . osu .edu/people/ezell-0 Gala Korniyenko is a PhD student in city and regional plan- ning atThe Ohio State University. She was a Fulbright Scholar at the University of Kansas where she holds a Master of Urban Planning . Korniyenko is also an administrator of the American Planning Association's Planning for Underserved Populations Interest Group and a member of World ENABLED, an educa- tional nonprofit organization that promotes the rights and dignities of persons with disabilities . http://worldenabled .org/ tag/gala-korniyen ko/ Rick Stein, AICP, is a trustee of Autism Living, a Columbus, Ohio nonprofit whose mission is to create communities in where young adults challenged by autism, 55-plus genera- tion, and diverse neighbors form cohesive, intergenerational neighborhood s of mutual support -sometimes referred to as "intentional neighboring:' Stein is also owner of Urban Decision Group, a Columbus planning firm, and an adm inistrator of the American Planning Association's Planning for Underserved Populations Interest Group. 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Available at www.itf-oecd.org/s ites/default/files/ docs/09cog nitive.pdf. PAS Memo is a bimonthly on line publication of APA's Planning Advisory Service . James M. Drinan, JD, Chief Executive Officer; David Rouse, FA ICP, Managing Director of Research and Advisory Services; Ann F. Dillemuth, AICP, Editor. Learn more at www .planning .org/pas . ©2018 American Planning Association. All Rights Reserved. No part of this publication may be reproduced or utilized in any form or by any means without permission in writing from APA PAS Memo (ISSN 2169-1908) is published by the American Plan- ning Association, which has offices at 205 N. Michigan Ave ., Suite 1200, Chicago, IL 60601-5927, and 1030 15th St. NW, Suite 750 West, Washington, D.C. 20005-1503; www.planning .org . American Planning Association I www.planning.org 411 Benefits of Huntington Beach Becoming a Certified Autism Destination Creates a welcoming environment for individuals with -c autism **lnclusivity and Accessibility• Enhances city's reputation as an inclusive destination Attracts families and individuals seeking autism-friendly -< destinations **E conomic Advantages*" Boosts local economy through increased tourism spending Raises awareness and understanding of autism within the . . -c community **Community Engagement0 / Encourages local businesses to adopt inclusive practices '-. Leads to enhancements in city infrastructure and services "---< for better accessibility "*I mproved Services and Facilities .. "*Positive City Image** Benefits all residents and visitors, not just those with autism Positions Huntington Beach as a leader in inclusive tourism Attracts a diverse range of visitors and promotes a positive global image Opens opportunities for partnerships with autism- *N k. d C II b . 0 ~ focused organizations etwor ing an o a oration ~ Facilitates sharing of best practices and resources 412