HomeMy WebLinkAboutTabled to a Date Uncertain - Adopt Resolution No 2024-08 Rev (2) 2000 Main Street,
'c pNTINBra , , Huntington Beach,CA
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t 1 City of Huntington Beach ITEM TABLED TO A DATE
F��ur�i cP UNCERTAIN - APPROVED 6-0-1
.._ (McKEON-ABSENT) TABLED FOR
REVISIONS TO RESO LANGUAGE
File #: 24-154 MEETING DATE: 2/20/2024
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: Molly Uemura, Community & Library Services Manager
Subject:
Adopt Resolution No 2024-08 revising and restating Resolution No. 2016-01 related to
implementing Charter Section 805 and Municipal Code Chapter 5.90 regarding the number of
permits issued for Safe and Sane Fireworks from fifteen (15) to sixteen (16)
Statement of Issue:
It is necessary to revise and restate Resolution No 2016-01 and approve a new resolution that will
allow for one additional Safe and Sane Fireworks booth permit to be exclusively issued to a
Foundation that directly financially supports City operations through a Memorandum of
Understanding between the City and the Foundation.
Financial Impact:
Not applicable.
Recommended Action:
Adopt Resolution No 2024-08, "A Resolution of the City Council of the City of Huntington Beach
revising and restating Resolution No. 2016-01 related to implementing Charter Section 805 and
Municipal Code Chapter 5.90 regarding safe and sane fireworks."
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
On February 2, 2015, City Council adopted Resolution 2015-04 which approved a maximum of fifteen
(15) permits to be issued allowing for the sale of Safe and Sane Fireworks within the city each year to
non-profit organizations using a lottery system. Historically, the 15 permits have been issued to
applicants in three (3) categories, with a maximum of five (5) permits per category: Youth Sports,
High School Education Institutions, and Civic Organizations. Resolution 2024-08 would increase the
number of permits from fifteen (15) to sixteen (16).
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File #: 24-154 MEETING DATE: 2/20/2024
This increase of one permit shall be issued to a City Foundation which directly financially supports
City operations through a Memorandum of Understanding between the Foundation and the City.
Sixty percent (60%) of the proceeds from this booth will be given to the Foundation and forty percent
(40%) will be provided to the City of Huntington Beach to help offset the costs related to the City's
Independence Day events. The awarded Foundation will rotate annually, with applicable Foundations
eligible to apply for other categories during non-award years. No Foundation may be awarded or
operate two booths in the same year. Foundations will not be entered into the annual lottery.
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. Resolution No 2024-08, "A Resolution of the City Council of the City of Huntington Beach revising
and restating Resolution No. 2016-01 related to implementing Charter Section 805 and Municipal
Code Chapter 5.90 regarding safe and sane fireworks."
City of Huntington Beach Page 2 of 2 Printed on 2/14/2024
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City Council/ ACTION AGENDA February 20,2024
Public Financing Authority
11. 24-120 Approved and executed a 5-year Recreation Facility Use Agreement
between the City of Huntington Beach and the Huntington Beach City
School District for joint use of school recreation facilities
Recommended Action:
Authorize the Mayor and City Clerk to execute and approve a Recreation Use Agreement
between the City of Huntington Beach and Huntington Beach City School District for joint
use of school recreation facilities.
Approved 6-0-1 (McKeon-Absent)
12. 24-137 Approved the formal naming of parkland located at 17281 Eucalyptus
Lane as "Vella Park," as recommended by the Community & Library
Services Commission
Recommended Action:
Approve the naming of parkland located at 17281 Eucalyptus Lane, "Vella Park," in honor of
fallen Police Officer Nicholas Vella, as recommended by the Community & Library
Services Commission.
Approved 6-0-1 (McKeon-Absent)
13. 24-144 ITEM WITHDRAWN FROM CONSIDERATION
14. 24-154 ITEM TABLED TO A DATE UNCERTAIN Request to adopt Resolution
No 2024-08 revising and restating Resolution No. 2016-01 related to
implementing Charter Section 805 and Municipal Code Chapter 5.90
regarding the number of permits issued for Safe and Sane Fireworks
from fifteen (15) to sixteen (16)
Recommended Action:
Adopt Resolution No 2024-08, "A Resolution of the City Council of the City of Huntington
Beach revising and restating Resolution No. 2016-01 related to implementing Charter
Section 805 and Municipal Code Chapter 5.90 regarding safe and sane fireworks."
Approved 6-0-1 (McKeon-Absent)— tabled for revisions to resolution language
Era
15. 23-1050 Approved and authorized execution of three (3) contracts: Oil
Well Abandonment, Civic Center Lease Closure, and Miley Keck
RESOLUTION NO. 2024-08
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH REVISING AND RESTATING
RESOLUTION NO. 2016-01 RELATED TO IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5.90
REGARDING SAFE AND SANE FIREWORKS
WHEREAS, the voters of the City of Huntington Beach approved an amendment to the
Huntington Beach Charter adding Section 805 permitting the sale and discharge of Safe and Sane
Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be
accomplished by setting forth rules and procedures via resolution,
NOW, THEREFORE,the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The City Manager is hereby authorized to implement this Resolution,
Huntington Beach Municipal Code (HBMC) Chapter 5.90 and Charter Section 805.
SECTION 2. No Permit, as defined by/the HBMC, shall be issued to any Qualified
Organization that does not satisfy the requirements provided in this Resolution or HBMC
Chapter 5.90. '
A. The maximum number of Permits that may be issued shall be sixteen (16) Permits during
any one calendar year as follows: one (1) Permit issued to a City Foundation and a
maximum of five Permits shall be issued to Qualified Organizations in each of the three
categories provided below/to which an applicant may apply for only one of the
categories: //
Youth Sports—Yo sports organizations operating within the City whose main
purpose is to benefit a val. youth sports activity. Examples include but are not limited to Little
League, "AYSO" soccer youth football, basketball,tennis, or golf. This category does not
include individual clu or travel sports teams, or high school extracurricular activities/sports.
High Scho 1—High schools operating within the City that agree to use the proceeds for
the benefit of valid student extracurricular activities/sports shall be allowed to submit one
application. //
Ci c Organizations— Civic organizations operating within the City whose sole purpose
is for ci .c betterment, or charitable or religious purposes to and for the citizens of Huntington
Beach shall be allowed to submit one application. This category does not include high school
extr urricular activities or youth or adult sports organizations.
NO ACTION TAKEN
RESOLUTION NO. 2024-08
B. Each year, one (1) Permit shall be issued to a Foundation which directly financially
supports City operations through a Memorandum of Understanding between the
Foundation and the City. Sixty percent of the proceeds from this booth wi114e given to
the Foundation and forty percent will be provided to the City of Huntington Beach to
help offset the costs related to the City's Independence Day festivitieyThe awarded
Foundation will rotate annually, with applicable Foundations eligible to apply for other
categories during non-award years. No Foundation may be awarded or operate two
booths in the same year. Foundations will not be entered into he annual lottery.
C. Applications may be filed with the City Clerk beginning March 1st, continuing up to 5:00
p.m. on the last business day in March of the same year,rat which time the filing period
for that year will be closed. /
D. The City Clerk shall conduct a lottery to choose fifteen n qualified Permittees that may sell
fireworks in the City pursuant to HBMC Chapter 5.90. The lottery will be conducted
during a City Council meeting with the City Clerk using some means of random
selection.
E. In addition to the requirements of HBMC Chapter 5.90, Qualified Applicants must be
organized primarily for veterans,patro ic, welfare, civic betterment, religious, athletic,
educational, youth development or charitable purposes; must have their principal and
permanent meeting place within the City; and provide direct and regular community
services and benefits to the residents of the City.
F. If more than one application is submitted on behalf of any nonprofit organization or
affiliated organization,the city may disregard one or all of the applications at its sole
discretion. Any attempt to/transfer an application shall void that application and may
preclude an applicant from participating in the lottery in future years.
G. On a form provided by the City, Qualified Organizations shall provide: the proposed
location of the fireworks stand; the name, address and 24-hour telephone number of one
or more responsible adults who will be in charge of and responsible for the fireworks
stand during thy/period fireworks are sold, displayed or stored at such location; and
written permission from the owner of record and/or lessor and/or management company
of the properly upon which said fireworks stand is proposed to be located; the proof of
the applicant's status as a qualified organization; date when the applicant was organized
and established;the names and addresses of the officers, if any, of the applicant; the
name, address, and California State Fire Marshal's license number of any wholesaler or
distributor from whom the Qualified Applicant or retailer proposes to purchase for resale;
the applicant's State Board of Equalization sales tax permit number; the manner, method
an /times regarding how the applicant proposes to sell Safe and Sane Fireworks; a copy
othe requisite retail sales permit issued by the Office of the California State Fire
arshal; and evidence of a temporary sales tax permit from the California State Board of
Equalization.
24-14157/331590 2
• RESOLUTION NO. 2024-08
SECTION 3. Permittees shall provide certificates of insurance evidencing the following/
minimum coverage and limits. Insurance shall be provided by an insurer authorized to do
business in California with a current A.M. Best's rating of no less than an A-:VI.
A. General Liability: Commercial general liability insurance with coverage at least as broad
as Insurance Services Office form CG 00 01, in an amount not less thatone million
dollars ($1,000,000.00) per occurrence, two million dollars ($2,000,000.00) general
aggregate, for bodily injury, personal injury, and property damage/ithout limitation,
blanket contractual liability. General liability policies shall provide or be endorsed using
Insurance Services Office forms .CO 20 26 or equivalent, to provide that City and its
officers, elected or appointed officials, employees, agents and volunteers shall be
additional insureds under such policies. There shall be noyexclusions, included in or
added to the policy, for fireworks sales or similar activities allowable under this permit.
B. The insurance coverage provided and limits required hereunder are minimum
requirements and are not intended to limit Permittee's indemnification obligations under
Section 4 below, nor do the indemnity obligations limit the rights of the insured parties to
the coverage afforded by their insured status. Requirements of specific coverage features
or limits contained in this Section 3 are not intended as a limitation on coverage, limits or
other requirements, or a waiver of any coverage normally provided by insurance.
Specific reference to a given coverage feaaure is for purposes of clarification only as it
pertains to a given issue and is not inten by any party or insured to be all inclusive, or
to the exclusion of other coverage, or a waed liver of any type.
C. Anydeductibles, self-insured retentions or similar forms of coverage limitations or
/ g
modifications must be declared to and approved by the City.
D. Permittee shall include all sub ermittees or subcontractors, if any, as insureds under its
policies.or shall furnish separate certificates and endorsements to each sub-Permittee.
E. Permittee shall provide? City, certificates of insurance and endorsements, as required,
as evidence of the insurance coverage required herein.
SECTION 4. Perrnittees agree, as a condition of receiving a Permit, to protect, defend,
indemnify, and hold harmless,the City,the City Council, its officers, elected or appointed
officials, employees, ants and volunteers from and against any and all third party claims,
damages, losses, expnses,judgments, demands and defense costs,however caused, resulting
from death or injury to Permittee employees, volunteers, customers, and/or any third party,
and/or damage to/Permittee property, arising directly or indirectly out of the obligations or
operations undertaken by Permittee by virtue of the Permit issuance, caused in whole or in part
by any act o�mission of the Permittee, any subcontractors, anyone directly or indirectly
employed or volunteers or anyone for whose acts any of them may be liable, including but not
limited to(concurrent active negligence, except where caused by the sole active negligence, or
willful isconduct of the City.
24-14157/331590 3
RESOLUTION NO. 2024-0r
/
In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal
defenses to those injuries, claims, lawsuits, or any other disputes, including the defens of the
City if applicable, at its sole cost and expense, and at no cost or expense to the City.
The City shall approve selection of Permittee's counsel. This defense and indemnity obligation
shall apply to all claims and liability regardless of whether any defenses and ri'surance policies
are applicable. The policy limits do not act as a limitation upon the amount/Of indemnification to
be provided by Permittee.
SECTION 5. Each Permittee shall provide the City with a l sting of reported profit from
its Firework Stand located in the City.
SECTION 6. City Council Resolution No. 2016-01, and all other resolutions in conflict
herewith, are hereby repealed.
PASSED AND ADOPTED by the City Council/of the City of Huntington Beach at a
regular meeting thereof held on the 20th day of February, 2024.
Mayor
REVIEWED AND APPROVED: APPROVED AS TO FORM:
City Manager City Attorney
s
INITIATED AND APPROVED:
(A)
Direc r of Co (4z ibrary Services
•
24-14157/331590 4