Loading...
HomeMy WebLinkAbout2025-02-18- 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. PRESENTATION MATERIAL: Presentations/AV materials shall be submitted to staff no later than 9AM the day of the meeting to PublicPresentations@huntingtonbeachca.gov . Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas. 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. Sign-ups to Request to Speak will begin in person 30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes first. Sign-ups will be accepted until the commencement of the public comment period. 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, February 18, 2025 3:45 PM - Closed Session 6:00 PM - Regular Meeting Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem DON KENNEDY, Councilman TONY STRICKLAND, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, Acting City Manager MICHAEL E. GATES, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA February 18, 2025City Council/Public Financing Authority 3:45 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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 25-1151.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). 25-1162.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 25-1173.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Page 1 of 10 2 AGENDA February 18, 2025City Council/Public Financing Authority Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-1184.CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 25-1195.PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 25-1206.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, Williams 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. 25-1097.Huntington Beach Fire and Police Chaplain Roger Wing CLOSED SESSION REPORT BY CITY ATTORNEY CITY COUNCIL MEMBER COMMENTS (2-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. Page 2 of 10 3 AGENDA February 18, 2025City Council/Public Financing Authority 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 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 25-1058.Update on E-Bikes CITY TREASURER'S REPORT Page 3 of 10 4 AGENDA February 18, 2025City Council/Public Financing Authority 25-0789.Receive and File the City Treasurer’s Quarterly Investment Report for December 2024 Receive and File the City Treasurer’s Quarterly Investment Report for December 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CITY CLERK'S REPORT 25-08410.Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2025 CONSENT CALENDAR (Items 11 - 18) City Clerk 25-10111.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 4, 2025. Recommended Action: 25-07712.Receive and File the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between October 1, 2024 and December 31, 2024 Receive and File the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2024 and December 31, 2024.” Recommended Action: Finance 25-11113.Fiscal Year 2024/25 Mid-Year Budget Adjustments Approve mid-year budget adjustments to the FY 2024/25 Revised Budget in the funds and by the amounts contained in Attachment 1. Recommended Action: Fire 25-10414.Approve the Appointment of Mel Williams to the Harbour Commission, as recommended by City Council Liaisons Mayor Pat Burns and Council Woman Gracey Van Der Mark Page 4 of 10 5 AGENDA February 18, 2025City Council/Public Financing Authority Approve the appointment of Mel Williams to the Harbour Commission through December 31, 2028. Recommended Action: Public Works 25-05515.Approve and adopt Resolution No. 2025-02 establishing angled parking on Walnut Avenue between Main Street and 2nd Street and appropriation of funds A) Approve and adopt Resolution No. 2025-02, “A Resolution of the City Council of the City of Huntington Beach Approving the Establishment of Angle Parking on Walnut Avenue Between Main Street and 2nd Street;” and, B) Appropriate $20,000 from the downtown In-Lieu Parking account to Business Unit 30880101 for construction and equipment to establish the recommended parking configuration. Recommended Action: 25-11216.Approve and authorize execution of Amendment No. 6 to Professional Services Agreement with Biggs Cardosa Associates, Inc. (BCA) to Extend the Contract Term by Three Years Approve and authorize the Mayor and City Clerk to execute “Amendment No. 6 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services.” Recommended Action: 25-06317.Approve License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and , B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). Recommended Action: 25-07318.Adopt Resolution No. 2025-06 approving and adopting the 2023 Page 5 of 10 6 AGENDA February 18, 2025City Council/Public Financing Authority Water Master Plan (WMP) Update; and, adopt Resolution No. 2025-07 identifying specific projects for Water Capital Facilities expenditures. A) Adopt Resolution No. 2025-06, “A Resolution of The City Council of The City of Huntington Beach Approving and Adopting That Certain Report Entitled ‘City of Huntington Beach, 2023 Water Master Plan Update’” B) Adopt Resolution No. 2025-07, “A Resolution of The City Council of The City of Huntington Beach Identifying the Specific Water Projects from The Approved Water Master Plan on Which Capital Facilities Charge Monies and Capital Surcharge Monies Can Be Expended” Recommended Action: PUBLIC HEARING For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi-judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing 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. 25-08819.Continued from February 4, 2025 with Public Hearing open - Continue a Tax Equity and Financial Responsibility Act public hearing and adopt Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed $325,000,000 for Marisol HB, LLC, with no City obligations, as well as a Payment in Lieu of Taxes Agreement A) Continue a public hearing under the requirements of TEFRA and the Internal Revenue Code in consideration of the issuance of tax-exempt bonds by the California Public Finance Authority (CalPFA) for the benefit of Marisol HB, LLC for the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community facility located generally at 2120 Main St., Recommended Action: Page 6 of 10 7 AGENDA February 18, 2025City Council/Public Financing Authority Huntington Beach, CA, 92648, to be known as The Marisol; and B) Adopt Resolution No. 2025-05, “A Resolution of the City Council of the City of Huntington Beach Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority and Approving the Issuance by the California Public Finance Authority of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $325,000,000 to Benefit Marisol HB, LLC and Certain Other Matters Relating Thereto.” ADMINISTRATIVE ITEMS 25-10220.Approve the Design of a Plaque Celebrating the Huntington Beach Public Library’s 50th Anniversary as Recommended by the Community & Library Services Commission Approve the design of a plaque (Attachment 1) commemorating the Huntington Beach Public Library’s 50th Anniversary as recommended by the Community & Library Services Commission. Recommended Action: 25-11021.Recommendation to Approve and Adopt Resolution No. 2025-08 Appointing Chief Assistant City Attorney Michael J. Vigliotta to the Position of City Attorney for the City of Huntington Beach A) Appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney for the City of Huntington Beach; and, B) Approve and adopt Resolution No. 2025-08, “A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney.” Recommended Action: 25-08722.Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials; and Consider Options on How to Proceed A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials;” and, Recommended Action: Page 7 of 10 8 AGENDA February 18, 2025City Council/Public Financing Authority B) Adopt Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding New Section 2.30.090 Thereof;” OR C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’.”; and, 2. Adopt Resolution No. 2025-10, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-11, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” 25-12623.Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and Consider Options on How to Proceed A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and, B) Adopt Ordinance No. 4330, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Recommended Action: Page 8 of 10 9 AGENDA February 18, 2025City Council/Public Financing Authority Section 2.30.100, Entitled ‘Public Operation of Library Services’;” OR, C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-13, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’;” and, 2. Adopt Resolution No. 2025-14, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-15, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-16, “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” 25-01724.Approve and authorize the execution of a License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of the Symphony of Flowers at Huntington Central Park East located at 18381 Goldenwest Street. A) Approve and authorize the Mayor and City Clerk to execute a License Agreement Between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of Symphony of Flowers at Huntington Central Park East; and, B) Approve Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California - Symphony of Flowers Project (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) as adequate and complete in accordance with the California Environmental Quality Act requirements. Recommended Action: Page 9 of 10 10 AGENDA February 18, 2025City Council/Public Financing Authority ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, March 4, 2025, 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 10 of 10 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-115 MEETING DATE:2/18/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees' Organization (MEO). City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-116 MEETING DATE:2/18/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-117 MEETING DATE:2/18/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-118 MEETING DATE:2/18/2025 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-119 MEETING DATE:2/18/2025 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-120 MEETING DATE:2/18/2025 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1). City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-109 MEETING DATE:2/18/2025 Huntington Beach Fire and Police Chaplain Roger Wing City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-105 MEETING DATE:2/18/2025 Subject: Update on E-Bikes City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 19 Huntington Beach Police Department Report On E-Bikes February 18th, 2025 Lieutenant Thoby Archer 20 SUGGESTIONS FROM COUNCIL •September 2023 – Council made recommendations for multiple different action items related to E-Bikes: •Safety Video •Change Municipal Code •Engineering Efforts •Collaborate with Schools •Community Outreach •Licensing 21 SUGGESTIONS FROM COUNCIL •Safety Video - Distributed to all partners and is on Social Media and City website •Change Municipal Code – This has been successful and implemented •Engineering Efforts – Public Works is still working on the master mobility plan •Collaborate with Schools – All Junior High and High Schools are participating 22 SUGGESTIONS FROM COUNCIL •Community Outreach – Multiple different outreach efforts have and are conducted •Licensing –This was researched and discussed at the local level. Currently working with Representative Dixon’s office on statewide legislation 23 NEW ADDITIONS •Public Safety Announcement •Targeted Enforcement Efforts •Treating Surrons and Talarias as E-Motorcycles •Impounding E-Motorcycles for reckless riding 24 Sur-Ron Talaria CONTINUING EDUCATION / OUTREACH •Bike Rodeos •Presentations at Events •Fliers Distributed with Water Billing •Bike Classes at Special Events 25 ELECTRIC BICYCUS CLASSl: Ofll!~IM11'10C01Gldl11pl0 tpncilO .. CLlSSl: ~-O'IOl!lt:--1'1'1'.:balillf'.O 'P"'(h\ll lD. CLlSSl : Cllff i-,allmilthmotDrcb'flO ..-SdJln,pl MOPIOS All'llll:ffllllfqOICll ...,...lalll,.... bpq:dll:llbl'unc,,pow,nq .. :it tllC'rlt •gcnpowlltd.ancllecootiltd rtcltfing"°°""'1SpNC)ld lO""" WVU'SUCE#1l,.D.'1\ltJi#Q'. MIDUc.mt./tTWU$'IWJ f-1 11((:NO NOPID:YH UC YCLE ,mEmm SAfETYCLASS Tht~e.nclll'dlctlllpc,l!'nenl blgonolcpSCHtfClollinll7210 ldlccb~bblicllnonhnANal INIOOClandhpr<f'l-,IOlldloblt Ncw,!llldoa't~kl~~ 8'0Cflltlider11ord'tll::l.flltl'f0 ~IICCh~Trdl:Ollea ~11'111111,-ctlrMlbl aax:rr'9(rilel~opncc,pb. Bltydldtl';CDMl'#lblllll0,...2nd ~ci-,ortwnalhallOOAII {-·-"""'·-· --1. I0Dllll'llll'ICOstNCllbGOIDl:il ~pi!Mtillhl~ll'ifl. (114)5lM61'lro~yuspoc.illKM .. OnHIOfllilltlj'Ol,l'l(l'lllll'li:I --· HUN11NGTONIEACH POLICIDE,At11HNT .,..,.....,..._.,....,._ 1000•11111.~~CA ...-i•lllltlpllye..11 ........ ,_,.,.,_ (M)l&0-181 (7M)NO-m5 BY THE NUMBERS There have been (146) e-bike collisions in 2024, which is 20 more than the same timeframe in 2023 (16% increase). E-bikes account for 56% of all bicycle-related collisions (146/259 collisions) The e-bicyclist was not at fault in 36 of the 146 collisions 26 BY THE NUMBERS 27 IA C 35 0 30 ·-IA ·--25 -0 u 20 ~ 0 I.. 15 a, .c 10 E 5 ::::s z 0 Top 3 Primary Collision Factors (Jan-Dec 2023) 21650.1 22350 22107 Primary Collision Factor ■ Under 18 ■18 -24 ■ 25-39 ■40 -49 ■50+ ■ Unknown BY THE NUMBERS 28 V, C: 0 ·-"' ·---0 u It-o Ii.. QJ .c E :::J z Top 3 Primary Collision Factors (Jan-Dec 2024) 60 50 40 30 20 10 0 2 2350 21650 .1 22107 Primary Collision Factor ■ Under 18 ■18 -24 ■ 25 -39 ■40 -49 ■50 + ■ Unknown BY THE NUMBERS 29 IE-Bike ColHsion II nju ry Report (Jan-De,c 2024) (includes not at-fault collisions) 70 ■Sei.•e re Injury u, C 00 0 ■ Ot h er Visibl e linju ry ,., .. u, •i 11i!!iii 50 --0 ■Compla i nt of Pa in u 37 ...... 40 ■ Property Da mage On ly 0 "'" aJ 30 .&:1 E ::, 20 z 7 10 9 0 Under 18 18r24 25-39 40-49 50+ Age ENFORCEMENT •In 2024 we issued over 70 citations to E- Bike riders •More than 50 of the citations were for the new municipal code •Impounded 15 E-Motorcycles 30 QUESTIONS? 31 -.::. --);~ 3 1/ .# ----. ------~ ·-. , .. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-078 MEETING DATE:2/18/2025 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:Jennifer McCann, Senior Administrative Assistant Subject: Receive and File the City Treasurer’s Quarterly Investment Report for December 2024 Statement of Issue: Receive and File the City Treasurer’s Quarterly Investment Report for December 2024, pursuant to Section 18.0 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 December 2024, pursuant to Section 18.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: Not Applicable. 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 City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 32 File #:25-078 MEETING DATE:2/18/2025 Attachment(s): 1. Treasurer’s Quarterly Investment Report for December 2024 2. PowerPoint Presentation Treasurer’s Quarterly Investment Report for December 2024 City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 33 1  City of Huntington Beach Quarterly Investment Report December 2024 Prepared by: Alisa Backstrom, MBA, CCMT, CPFIM City Treasurer Colin Stevens, MPP Treasury Manager 34 HUNTI NGTON BEACH 2  INVESTMENT PORTFOLIO SUMMARY As of December 31, 2024 Currently, funds within this portfolio with overnight availability are invested in the California Asset Management Program “CAMP” and money market funds. 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”, International Finance Corp “IFC”), 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. As of December 31, 2024, the book value of the portfolio was $390.1 million with a market value of $385.2 million. As investments are primarily held to maturity, the market value is only a point-in-time measurement, and no loss is realized. 35 HUNTI NGTON BEACH Portfolio Investments ------ Par Value Book Value Market Value Book Value Book Yield Book Yield Daysto %of Port Contribution Maturity -Cash / Money Market $27,854,884.54 $27,854,884.54 $27,854,884.54 7.14% 4.33% 0.31% 1 Local Govt Inv Pools (LGIP) $20,371 ,580.00 $20,371 ,580.00 $20,371 ,580.00 5.22% 4.73% 0.25% 1 Negotiable CDs $5,000,000.00 $5,000,000.00 $5 ,000,000.00 1.28% 4.51 % 0.06% 218 U.S. Treasuries $69,000,000.00 $68,844,170.42 $67,571 ,130.00 17.65 % 2.83% 0.50% 74 2 Supranational $50,000,000.00 $4 9,670A48.00 $49,22 7,250.00 12.73% 3.33% 0.4 2% 955 U.S. Agencies $155 ,980,000.00 $156,047 ,943.04 $153,294 ,849 .9 5 40.01 % 2.67% 1.07% 683 Corporates $62 ,762 ,000.00 $62 ,274,264.53 $61,899 ,259.5 6 15.97 % 4.15% 0.66% 694 Total $390 ,968,464.54 $390,063,290.53 $385 ,218,954.05 100.00% 3.27% 639 - 3  PORTFOLIO BREAKOUT BY SECTOR As of December 31, 2024 The largest holding by security type at month-end was U.S. Agency securities at approximately 40% of the total overall portfolio. This was followed by U.S. Treasury securities at approximately 18% of the total portfolio as of December 31, 2024. Cash held in the Local Government Investment Pools (“LGIP”) has been reduced as higher interest rates have become available in marketable securities. INVESTMENT PORTFOLIO EARNINGS As of December 31, 2024 Earnings for the month of December 2024 were $988,461 an increase of approximately 29% from the same month in the prior year. Fiscal year to date earnings of $5,832,617 were up approximately 27% from the previous fiscal year. These higher earnings were due to both the increase in interest rates and 36 HUNTINGTON BEACH Sector Breakdown Corporates 15.97 % --------,. US. Agenci es __ - 40 ,01 % Cash / Money Market 7.14 % Loc al Govt Inv Pools (LGIP ) 5.22 % Negotiable CDs 1.28% U.S. Tr ea suries 17 .65% ___ Supran ation al 12.73 % ~---P_e_ri_o_d _E_ar_n_in_g_s_S_u_m_m_a_ry_(3_1_D_a_y_s_) ---~II ~ ____ F_i_sc_a_l YT_D_S_u_m_m_a_ry_(1_8_4_D_a_y_s) ____ ~ ------- Net Period Earnings $988,460.84 Net Period Earnings $5 ,832,617.42 Last FY Per i od Net Earnings $767 580.82 Last FY Period Net Earnings $4 581 569.04 Avg Dai ly Book Balance $372,456,009.97 Avg Dai ly Book Balance $378,503 932.79 I Net Effective Annual Retu rn 3.170% I Net Effective Annual Return 3.080% 4  the higher average balance of the portfolio. The effective rate of return for December was 3.17%, with a fiscal year-to-date return of 3.08%. The benchmark has increased with the sharp rise in interest rates. At the end of December, the 12-month moving average of the interpolated 1.5-year U.S. Treasury was 4.54%. The portfolio will lag the benchmark, as it will take time for previously purchased securities to mature and for funds to be reinvested. QUARTERLY PORTFOLIO ACTIVITY October 1 to December 31, 2024 As interest rates have remained elevated towards year end, available funds were invested into higher yielding options. For the quarter ending December 31, 2024, three U.S. Agencies were purchased for $15.0 million, one Supranational (IFC) was purchased for $5.0 million, one U.S. Treasury was purchased for $5.0 million. One U.S. Agency matured for $5.0 million, and one U.S. Treasury matured for $3 million. COMPLIANCE SUMMARY As of December 31, 2024 There were no compliance issues during this period. 37 HUNTI NGTON BEACH $ in 000s Transact i o n Type : Sec uri ty Ty p e Purch ase Ma t uri ty /Sa le Co mmerci al Pa p er $0 $0 U.S. Tr eas uri es $5,000 $3,000 Supran at i o n als $5,000 $0 U.S. Age nci es $15,000 $5,000 Co rp o r ate Bo nd s $0 $0 CA M P Term $0 $0 TOTALS: $25,000 $8,000 MAXIMUM INVESTMENT MAXIMUM SPECIFIED % OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY MAXIMUM PER REQUIREMENTS COMPLIANCE? ISSUER U .S . Treasuri es 5 years None None YES U .S. Agenc i es 5 years None None YES Supranationa l s 5 years 30% -AA-Rating Category YES Corporat e Bonds 5 years 30%/10% -A-Rating Category YES M oney M ark e t 60 days 15%/10% -AAA-Rating M utual Funds Category YES CA Asset Management N/A Up to $75,000,000 None P r ogram (CAM P ) YES Max i m u m M atu riti es No more than 50% o f portfo li o mat uri ng o v er 4 years . YES 5  ECONOMIC AND MARKET OVERVIEW The Federal Open Market Committee (“FOMC” or “the Fed”) lowered the federal funds rate twice since the prior quarter. They lowered by 1/4 percentage point at their meeting in November, and another 1/4 percentage point at the December meeting. The federal funds rate currently stands at 4-1/4 to 4-1/2 percent as of December 2024. Fixed Income / Equity Markets: The yield on the 10-year U.S. Treasury finished the quarter at 4.58%, up from 3.81% at the end of the previous quarter. The S&P 500 increased by 2.07% and the DJIA increased by 0.51% respectively, over the same period. Employment: Total nonfarm payroll employment rose by 256,000 in December, and the unemployment rate was little changed at 4.1 percent. Notable job gains occurred in health care, government, and social assistance. 38 HUNTI NGTON BEACH MARKET SUMMARY: SEPTEMBER 30. 2024 -DECEMBER 31. 2024 Fed Funds 2-Yr. 10-Yr. As of: Rate Treasury Treasury S&P 500 DJIA 9 /30/2024 4 .75-5.00% 3 .66% 3 .81 % $ 5 ,762 .48 $42 ,330.15 12/31/2024 4 .25-4.50 % 4 .25% 4 .58% $ 5 ,881 .63 $42 ,544.22 % Change -10.50% 16.12% 20.21 % 2 .07% 0.51 % Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 12/01/2024 - 12/31/2024 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $27,854,884.54 $27,854,884.54 $27,854,884.54 7.14%4.33%0.31%1 $20,371,580.00 $20,371,580.00 $20,371,580.00 5.22%4.73%0.25%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.28%4.51%0.06%218 $69,000,000.00 $68,844,170.42 $67,571,130.00 17.65%2.83%0.50%742 $50,000,000.00 $49,670,448.00 $49,227,250.00 12.73%3.33%0.42%955 $155,980,000.00 $156,047,943.04 $153,294,849.95 40.01%2.67%1.07%683 $62,762,000.00 $62,274,264.53 $61,899,259.56 15.97%4.15%0.66%694 $390,968,464.54 $390,063,290.53 $385,218,954.05 100.00%3.27%639 Portfolio Investments 12/31/2024 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 December 19, 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 2 Total Activity 3 Period Transactions Redemptions 15 Purchases 13 Total Activity 28 Net Period Earnings $5,832,617.42 Last FY Period Net Earnings $4,581,569.04 Avg Daily Book Balance $378,503,932.79 $1.00 $1.00 Net Effective Annual Return 3.080% Net Period Earnings $988,460.84 Last FY Period Net Earnings $767,580.82 Avg Daily Book Balance $372,456,009.97 $1.00 $1.00 Net Effective Annual Return 3.170% Fiscal YTD Summary (184 Days)Period Earnings Summary (31 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $385,218,954.05 sum2 Total Book Value $2.00 $390,063,290.53 Market Value Book Value Par Value sum2 Total Par Value $1.00 $390,968,464.54 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.540% ____________________________________________ 6 39 ~ " \ -" . " I ' I I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           27,854,884.54               27,854,884.54               27,854,884.54               4.330 7.14% Cash/Money Market Total           27,854,884.54               27,854,884.54               27,854,884.54    7.14% 003 CAMP California Asset Management Program LGIP           20,371,580.00               20,371,580.00               20,371,580.00               4.730 5.22% LGIP Total           20,371,580.00               20,371,580.00               20,371,580.00    5.22% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 7 40 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4334 Maturity 3130AMW65 FHLB 0.500 12/30/2024 100.00000 12/30/2024 12/30/2024 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     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 8 41 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4425 Buy 313385CA2 FHDN 0.000 02/18/2025 99.17583 12/11/2024 12/11/2024 5,000,000.00 4,958,791.67 0.00 4,958,791.67 4426 Buy 3134HAU43 FHLMC 4.625 12/18/2029 100.00000 12/20/2024 12/20/2024 5,000,000.00 5,000,000.00 0.00 5,000,000.00 Activity Total 10,000,000.00               9,958,791.67              0.00              9,958,791.67     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 9 42 f- f--- Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4382 Interest Income 717081DV2 PFE 2.750 06/03/2026 12/03/2024 68,750.00 68,750.00 4392 Interest Income 3130AW4N7 FHLB 3.630 06/04/2027 12/04/2024 90,750.00 90,750.00 4397 Interest Income 3130AWER7 FHLB 4.625 06/06/2025 12/06/2024 69,375.00 69,375.00 4395 Interest Income 3130AWC24 FHLB 4.000 06/09/2028 12/09/2024 100,000.00 100,000.00 4399 Interest Income 3130AWC24 FHLB 4.000 06/09/2028 12/09/2024 100,000.00 100,000.00 4401 Interest Income 45818WEQ5 IADB 3.800 06/09/2028 12/09/2024 95,000.00 95,000.00 4414 Interest Income 3130B1BC0 FHLB 4.625 06/08/2029 12/09/2024 138,107.64 48,819.44 89,288.20 4415 Interest Income 3130B1BC0 FHLB 4.625 06/08/2029 12/09/2024 138,107.64 52,673.61 85,434.03 4388 Interest Income 3130AVWS7 FHLB 3.750 06/12/2026 12/12/2024 56,250.00 56,250.00 4335 Interest Income 3130AMFS6 FHLB 0.750 06/12/2026 12/12/2024 18,750.00 18,750.00 4375 Interest Income 110122CN6 BMY 3.200 06/15/2026 12/16/2024 80,000.00 80,000.00 4376 Interest Income 91282CEU1 T 2.875 06/15/2025 12/16/2024 43,125.00 43,125.00 4396 Interest Income 3133EPMV4 FFCB 4.125 06/15/2027 12/16/2024 103,125.00 103,125.00 4381 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 12/17/2024 12,500.00 12,500.00 4329 Interest Income 3135G04Z3 FNMA 0.500 06/17/2025 12/17/2024 12,500.00 12,500.00 4398 Interest Income 3133EPNG6 FFCB 4.375 06/23/2026 12/23/2024 65,625.00 65,625.00 4417 Interest Income 437076DB5 HD 4.875 06/25/2027 12/26/2024 121,875.00 39,270.83 82,604.17 4345 Interest Income 3130AQ5S8 FHLB 1.250 06/30/2025 12/30/2024 29,062.50 29,062.50 4347 Interest Income 3130AQ7E7 FHLB 1.500 06/30/2026 12/30/2024 37,500.00 37,500.00 4334 Interest Income 3130AMW65 FHLB 0.500 12/30/2024 12/30/2024 12,500.00 12,500.00 4379 Interest Income 91282CEW7 T 3.250 06/30/2027 12/31/2024 81,250.00 81,250.00 4406 Interest Income 91282CEW7 T 3.250 06/30/2027 12/31/2024 81,250.00 81,250.00 4421 Interest Income 91282CHK0 T 4.000 06/30/2028 12/31/2024 100,000.00 43,478.26 56,521.74 Activity Total           1,655,402.78              184,242.14              1,471,160.64     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 10 43 - - - - - - - - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.60 218 1.28%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.28% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,982,185.27    2,981,880.00    (305.27)4.276 0.45 165 0.76%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,989,601.30     4,886,300.00     (103,301.30) 0.615 0.57 211 1.28% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,984,178.87     4,869,650.00     (114,528.87) 0.735 0.65 242 1.28% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,053,279.76     4,950,950.00     (102,329.76) 1.103 0.64 242 1.30% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,008,481.87     5,018,000.00     9,518.13     4.380 1.44 560 1.28% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,974,998.53     4,725,250.00     (249,748.53) 0.950 1.54 576 1.28% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     997,727.54    944,350.00     (53,377.54) 0.890 1.62 607 0.26% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,956,988.20     4,721,750.00     (235,238.20) 1.285 1.62 607 1.27% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,915,171.84     4,882,750.00     (32,421.84) 4.000 2.37 910 1.26% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,918,057.54     4,882,750.00     (35,307.54) 3.960 2.37 910 1.26% Aaa AA+ AA+ 4424 91282CKZ3 T 4.375     07/15/2027 U.S. Treasury Note 10/31/2024 11/04/2024 5,000,000.00     5,033,593.59     5,012,850.00     (20,743.59) 4.090 2.33 925 1.29% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,841,730.95     4,815,350.00     (26,380.95) 4.080 2.43 941 1.24% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,092,396.81     4,948,300.00     (144,096.81) 3.431 3.23 1,276 1.31% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,095,778.35    9,931,000.00    (164,778.35)3.831 3.24 1,307 2.59%Aaa AA+AA+ U.S. Treasuries 69,000,000.00     68,844,170.42     67,571,130.00     (1,273,040.42)17.65% 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    4,994,098.05    4,887,400.00    (106,698.05)0.583 0.56 208 1.28%Aaa AAA 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    4,999,526.80    4,842,800.00    (156,726.80)0.512 0.80 300 1.28%Aaa AAA 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    4,987,662.40    4,782,000.00    (205,662.40)0.870 1.12 419 1.28%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,018,928.67    10,107,100.00    88,171.33    4.770 2.33 929 2.57%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,874,122.08    4,903,750.00    29,627.92    4.622 3.18 1,255 1.25%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,802,423.47    4,857,100.00    54,676.53    4.760 3.23 1,288 1.23%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,865,186.50    4,857,100.00    (8,086.50)4.350 3.23 1,288 1.25%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,080,129.15    5,032,450.00    (47,679.15)4.130 3.22 1,308 1.30%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,048,370.87    4,957,550.00    (90,820.87)4.011 3.97 1,643 1.29%Aaa AAA Supranational 50,000,000.00     49,670,448.00     49,227,250.00     (443,198.00)12.73% 4425 313385CA2 FHDN 0.000    02/18/2025 Federal Home Loan Bank Discount 12/10/2024 12/11/2024 5,000,000.00    4,971,333.34    4,971,300.00    (33.34)4.408 0.13 48 1.27%P-1 A-1+ 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    4,963,200.00    (36,800.00)0.625 0.20 72 1.28%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,587.97    3,003,930.00    4,342.03    4.659 0.42 156 0.77%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,997,086.83    4,915,950.00    (81,136.83)0.628 0.45 167 1.28%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,923,552.63    4,915,950.00    (7,602.63)4.013 0.45 167 1.26%Aaa AA+AA+ 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    4,582,342.50    (67,657.50)1.250 0.49 180 1.19%Aaa AA+ 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    4,903,900.00    (96,100.00)0.800 0.55 205 1.28%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,568,731.26    4,494,251.25    (74,480.01)1.816 0.64 239 1.17%Aaa AA+ 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    4,875,450.00    (124,550.00)0.700 0.69 258 1.28%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560    11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00    3,000,597.25    2,905,320.00    (95,277.25)0.500 0.86 320 0.77%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525    01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00    4,998,961.11    4,811,050.00    (187,911.11)0.545 1.01 379 1.28%Aaa AA+ 4321 3130AKN85 FHLB 0.550    01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00    4,999,473.61    4,809,750.00    (189,723.61)0.560 1.03 384 1.28%Aaa AA+ 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    4,803,100.00    (196,900.00)0.500 1.05 392 1.28%Aaa AA+ 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     4,802,600.00     (197,400.00) 0.800 1.14 427 1.28% Aaa AA+ 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     4,777,550.00     (222,450.00) 1.030 1.36 510 1.28% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,991,292.48     4,751,150.00     (240,142.48) 0.873 1.41 527 1.28% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,998,048.01     2,977,230.00     (20,818.01) 3.796 1.39 527 0.77% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,335.00     3,004,170.00     4,835.00     4.391 1.41 538 0.77% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,665.43     4,796,350.00     (204,315.43) 1.339 1.45 545 1.28% Aaa AA+ 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     4,959,450.00     (40,550.00) 3.750 1.46 565 1.28% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,841,400.00     (158,600.00) 2.250 1.53 583 1.28% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,996,665.80     4,954,100.00     (42,565.80) 3.906 2.18 845 1.28% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,991,815.03     4,925,150.00     (66,665.03) 3.700 2.23 861 1.28% Aaa AA+ AA+ 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     4,921,700.00     (78,300.00) 3.630 2.29 884 1.28% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,416.81     4,978,200.00     (21,216.81) 4.130 2.31 895 1.28% Aaa AA+ AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 11 44 >--- f- f-- f--- f- f--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,297,029.35     3,291,255.00     (5,774.35) 4.791 1.31 922 0.85% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,467,488.73     4,475,671.20     8,182.47     4.383 2.48 982 1.15% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,170.82     4,934,900.00     (68,270.82) 3.979 3.17 1,255 1.28% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,998,089.51     4,934,900.00     (63,189.51) 4.012 3.17 1,255 1.28% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     1,999,980.00    (20.00) 5.100 1.42 1,314 0.51% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,104,045.59     5,045,100.00     (58,945.59) 4.100 3.97 1,619 1.31% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,091,556.47     5,045,100.00     (46,456.47) 4.162 3.97 1,619 1.31% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,937,900.00     (62,100.00) 4.330 2.47 1,650 1.28% Aaa AA+ AA+ 4426 3134HAU43 FHLMC 4.625     12/18/2029 Freddie Mac 12/18/2024 12/20/2024 5,000,000.00     5,000,000.00     4,985,500.00     (14,500.00) 4.625 2.34 1,812 1.28% Aaa AA+ AA+ U.S. Agencies 155,980,000.00     156,047,943.04     153,294,849.95     (2,753,093.09)40.01% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,006,087.24     5,975,640.00     (30,447.24) 3.810 0.55 207 1.54% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,991,958.01     4,982,450.00     (9,508.01) 4.150 0.67 251 1.28% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,908,472.10     4,880,750.00     (27,722.10) 4.142 1.37 518 1.26% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,914,753.45     4,911,300.00     (3,453.45) 4.480 1.39 530 1.26% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,214,497.78     4,172,200.56     (42,297.22) 3.752 1.43 553 1.08% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,440,425.88     2,414,319.00     (26,106.88) 3.752 1.51 573 0.63% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,800,447.24     4,809,550.00     9,102.76     4.583 1.63 618 1.23% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,843,631.25     4,831,300.00     (12,331.25) 4.273 1.69 643 1.24% A1 A+ WD 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,091,451.61     5,047,400.00     (44,051.61) 4.061 2.28 905 1.31% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,059,846.47     5,018,200.00     (41,646.47) 4.137 2.33 940 1.30% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,890,269.23     4,827,600.00     (62,669.23) 4.040 2.45 963 1.25% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,067,083.41     4,980,400.00     (86,683.41) 3.886 2.57 1,017 1.30% A2 A A+ 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,045,340.85     5,048,150.00     2,809.15     4.662 3.15 1,290 1.29% A1 A A+ Corporates 62,762,000.00     62,274,264.53     61,899,259.56     (375,004.97)15.97% Bond Holdings 342,742,000.00     341,836,825.99     336,992,489.51     (4,844,336.48)87.64% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 12/31/2024 Report Run Date: Jan 22, 2025 12 45 Cash Receipts and Disbursements December 2023 November 2024 December 2024 Receipts General Fund Property Tax 23,817,212$ 13,938,891$ 21,433,013$ Local Sales Tax 3,996,591 3,753,893 3,902,573 Public Safety Sales Tax 285,478 - 282,770 Transient Occupancy Tax (TOT)1,072,762 1,340,268 953,287 Utility Users Tax (UUT)1,642,396 2,035,599 632,281 Other Revenue 4,462,678 5,772,282 5,699,051 Total General Fund Revenue 35,277,117 26,840,934 32,902,974 Total All Other Funds Revenue 22,491,481 14,890,047 21,008,154 Total Receipts 57,768,599$ 41,730,980$ 53,911,128$ Disbursements General Fund Personnel Services (16,299,110)(19,316,461)(12,903,173) Operating Expenses (3,789,596)(6,907,527)(3,807,718) Capital Expenditures - - - Non-Operating Expenses (466,907) - (302,936) Total General Fund Disbursements (20,555,613)(26,223,988)(17,013,827) Total All Other Funds Disbursements (26,181,844) (14,380,623) (17,034,933) Total Disbursements (46,737,457)(40,604,611)(34,048,761) Net Change in Cash Flow 11,031,142$ 1,126,369$ 19,862,367$ Summary of Cash by Fund December 2023 November 2024 December 2024 General Fund 83,851,956$ 88,007,455$ 103,896,602$ General Fund Other 5,361,116 2,625,520 2,622,246 Capital Projects Funds 67,553,371 50,679,375 48,624,041 Debt Service Funds 29,577,241 40,002,504 38,013,090 Enterprise Funds 81,583,428 87,257,472 89,914,247 Trust and Agency Funds 3,362,860 7,047,736 12,956,082 Internal Service Funds 52,107,813 49,135,380 48,958,819 Special Revenue Funds 50,053,181 52,866,080 52,498,764 General Ledger Cash Balances *373,450,966$ 377,621,523$ 397,483,890$ 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. Statement of Cash Receipts and Disbursements As of: December 31, 2024 13 46 Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 11/01/2024 - 11/30/2024 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $6,142,708.88 $6,142,708.88 $6,142,708.88 1.67%4.51%0.08%1 $25,270,693.89 $25,270,693.89 $25,270,693.89 6.86%4.87%0.33%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.36%4.51%0.06%249 $69,000,000.00 $68,835,652.47 $67,635,200.00 18.69%2.83%0.53%773 $50,000,000.00 $49,661,130.00 $49,423,450.00 13.49%3.33%0.45%986 $150,980,000.00 $151,064,277.29 $148,347,687.85 41.03%2.48%1.02%674 $62,762,000.00 $62,245,769.47 $61,998,957.91 16.90%4.15%0.70%725 $369,155,402.77 $368,220,232.00 $363,818,698.53 100.00%3.17%680 Portfolio Investments 11/30/2024 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 December 19, 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 0 Purchases 1 Total Activity 1 Period Transactions Redemptions 14 Purchases 11 Total Activity 25 Net Period Earnings $4,844,156.58 Last FY Period Net Earnings $3,813,988.22 Avg Daily Book Balance $379,713,517.35 $1.00 $1.00 Net Effective Annual Return 3.070% Net Period Earnings $956,939.16 Last FY Period Net Earnings $723,286.07 Avg Daily Book Balance $365,723,217.30 $1.00 $1.00 Net Effective Annual Return 3.230% Fiscal YTD Summary (153 Days)Period Earnings Summary (30 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $363,818,698.53 sum2 Total Book Value $2.00 $368,220,232.00 Market Value Book Value Par Value sum2 Total Par Value $1.00 $369,155,402.77 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.600% ____________________________________________ 14 47 ~ " \ -" . " I ' I I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           6,142,708.88               6,142,708.88               6,142,708.88               4.510 1.67% Cash/Money Market Total           6,142,708.88               6,142,708.88               6,142,708.88    1.67% 003 CAMP California Asset Management Program LGIP           25,270,693.89               25,270,693.89               25,270,693.89               4.870 6.86% LGIP Total           25,270,693.89               25,270,693.89               25,270,693.89    6.86% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 15 48 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     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 16 49 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4424 Buy 91282CKZ3 T 4.375 07/15/2027 100.71400 11/04/2024 11/04/2024 5,000,000.00 5,035,700.00 66,576.09 5,102,276.09 Activity Total 5,000,000.00               5,035,700.00              66,576.09              5,102,276.09     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 17 50 f- Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4389 Interest Income 3133EPJP1 FFCB 3.625 05/12/2027 11/12/2024 90,625.00 90,625.00 4318 Interest Income 3135GA2Z3 FNMA 0.560 11/17/2025 11/18/2024 8,400.00 8,400.00 4327 Interest Income 3130AMDL3 FHLB 0.800 07/25/2025 11/25/2024 20,000.00 20,000.00 4328 Interest Income 3130AMJN3 FHLB 1.030 05/26/2026 11/26/2024 25,750.00 25,750.00 Activity Total           144,775.00              0.00              144,775.00     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 18 51 - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.68 249 1.36%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.36% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,978,838.26    2,976,420.00    (2,418.26)4.276 0.52 196 0.81%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,988,073.53     4,865,050.00     (123,023.53) 0.615 0.65 242 1.35% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,982,152.20     4,847,650.00     (134,502.20) 0.735 0.73 273 1.35% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,060,104.85     4,938,000.00     (122,104.85) 1.103 0.73 273 1.37% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,008,951.40     5,019,750.00     10,798.60     4.380 1.52 591 1.36% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,973,652.97     4,712,300.00     (261,352.97) 0.950 1.62 607 1.35% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     997,611.48    942,030.00     (55,581.48) 0.890 1.70 638 0.27% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,954,791.55     4,710,150.00     (244,641.55) 1.285 1.70 638 1.35% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,912,282.09     4,893,550.00     (18,732.09) 4.000 2.41 941 1.33% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,915,266.10     4,893,550.00     (21,716.10) 3.960 2.41 941 1.33% Aaa AA+ AA+ 4424 91282CKZ3 T 4.375     07/15/2027 U.S. Treasury Note 10/31/2024 11/04/2024 5,000,000.00     5,034,719.43     5,030,100.00     (4,619.43) 4.090 2.41 956 1.37% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,836,516.99     4,825,600.00     (10,916.99) 4.080 2.51 972 1.31% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,094,641.56     4,980,650.00     (113,991.56) 3.431 3.25 1,307 1.38% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125    07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00    10,098,050.06    10,000,400.00    (97,650.06)3.831 3.32 1,338 2.74%Aaa AA+AA+ U.S. Treasuries 69,000,000.00     68,835,652.47     67,635,200.00     (1,200,452.47)18.69% 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    4,993,242.70    4,868,150.00    (125,092.70)0.583 0.64 239 1.36%Aaa AAA 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    4,999,479.00    4,828,150.00    (171,329.00)0.512 0.89 331 1.36%Aaa AAA 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    4,986,766.21    4,767,450.00    (219,316.21)0.870 1.20 450 1.35%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,019,547.26    10,153,800.00    134,252.74    4.770 2.41 960 2.72%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,871,071.73    4,935,150.00    64,078.27    4.622 3.20 1,286 1.32%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,797,759.98    4,889,050.00    91,290.02    4.760 3.31 1,319 1.30%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,862,004.44    4,889,050.00    27,045.56    4.350 3.31 1,319 1.32%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,081,992.62    5,073,500.00    (8,492.62)4.130 3.30 1,339 1.38%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,049,266.07    5,019,150.00    (30,116.07)4.011 4.06 1,674 1.37%Aaa AAA Supranational 50,000,000.00     49,661,130.00     49,423,450.00     (237,680.00)13.49% 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    4,983,950.00    (16,050.00)0.500 0.08 29 1.36%Aaa AA+ 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    4,942,700.00    (57,300.00)0.625 0.28 103 1.36%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,508.23    3,002,880.00    3,371.77    4.659 0.49 187 0.81%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,996,560.35    4,893,000.00    (103,560.35)0.628 0.53 198 1.36%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,909,736.84    4,893,000.00    (16,736.84)4.013 0.53 198 1.33%Aaa AA+AA+ 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    4,565,091.00    (84,909.00)1.250 0.56 211 1.26%Aaa AA+ 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    4,877,650.00    (122,350.00)0.800 0.63 236 1.36%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,567,937.75    4,483,134.00    (84,803.75)1.816 0.72 270 1.24%Aaa AA+ 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    4,858,150.00    (141,850.00)0.700 0.78 289 1.36%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560    11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00    3,000,653.95    2,892,810.00    (107,843.95)0.500 0.94 351 0.81%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525    01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00    4,998,877.78    4,791,000.00    (207,877.78)0.545 1.10 410 1.36%Aaa AA+ 4321 3130AKN85 FHLB 0.550    01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00    4,999,431.94    4,789,750.00    (209,681.94)0.560 1.11 415 1.36%Aaa AA+ 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    4,782,900.00    (217,100.00)0.500 1.13 423 1.36%Aaa AA+ 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     4,782,750.00     (217,250.00) 0.800 1.22 458 1.36% Aaa AA+ 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     4,766,900.00     (233,100.00) 1.030 1.44 541 1.36% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,990,791.09     4,743,450.00     (247,341.09) 0.873 1.49 558 1.36% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,997,935.61     2,978,280.00     (19,655.61) 3.796 1.44 558 0.81% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,297.50     3,004,170.00     4,872.50     4.391 1.47 569 0.81% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,702.47     4,781,400.00     (219,302.47) 1.339 1.52 576 1.36% Aaa AA+ 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     4,961,250.00     (38,750.00) 3.750 1.55 596 1.36% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,833,450.00     (166,550.00) 2.250 1.61 614 1.36% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,996,546.01     4,962,900.00     (33,646.01) 3.906 2.26 876 1.36% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,991,526.49     4,933,750.00     (57,776.49) 3.700 2.31 892 1.36% Aaa AA+ AA+ 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     4,940,250.00     (59,750.00) 3.630 2.33 915 1.36% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,397.01     4,990,050.00     (9,347.01) 4.130 2.34 926 1.36% Aaa AA+ AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 19 52 >--- f- f-- f--- f- f--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,296,931.52     3,293,664.00     (3,267.52) 4.791 1.24 953 0.90% Aaa AA+ AA+ 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,467,875.38     4,497,188.85     29,313.47     4.383 2.56 1,013 1.21% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,247.66     4,971,650.00     (31,597.66) 3.979 3.19 1,286 1.36% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,998,043.21     4,971,650.00     (26,393.21) 4.012 3.19 1,286 1.36% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,004,720.00     4,720.00     5.100 1.20 1,345 0.54% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,106,000.11     5,095,300.00     (10,700.11) 4.100 3.95 1,650 1.39% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,093,276.38     5,095,300.00     2,023.62     4.162 3.95 1,650 1.38% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,983,600.00     (16,400.00) 4.330 1.78 1,681 1.36% Aaa AA+ AA+ U.S. Agencies 150,980,000.00     151,064,277.29     148,347,687.85     (2,716,589.44)41.03% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,006,973.73     5,973,240.00     (33,733.73) 3.810 0.63 238 1.63% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,990,985.19     4,980,400.00     (10,585.19) 4.150 0.75 282 1.36% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,903,109.14     4,875,900.00     (27,209.14) 4.142 1.43 549 1.33% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,909,872.92     4,907,750.00     (2,122.92) 4.480 1.44 561 1.33% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,212,166.76     4,172,626.26     (39,540.50) 3.752 1.50 584 1.14% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,437,009.26     2,413,141.65     (23,867.61) 3.752 1.59 604 0.66% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,790,633.17     4,804,950.00     14,316.83     4.583 1.71 649 1.30% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,836,243.75     4,826,550.00     (9,693.75) 4.273 1.76 674 1.31% A1 A+ WD 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,094,627.02     5,061,100.00     (33,527.02) 4.061 2.30 936 1.38% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,061,843.57     5,035,900.00     (25,943.57) 4.137 2.41 971 1.37% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,886,807.69     4,853,100.00     (33,707.69) 4.040 2.51 994 1.33% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,069,087.89     5,006,800.00     (62,287.89) 3.886 2.66 1,048 1.38% A2 A A+ 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,046,409.37     5,087,500.00     41,090.63     4.662 3.23 1,321 1.37% A1 A A+ Corporates 62,762,000.00     62,245,769.47     61,998,957.91     (246,811.56)16.90% Bond Holdings 337,742,000.00     336,806,829.23     332,405,295.76     (4,401,533.47)91.47% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 11/30/2024 Report Run Date: Jan 22, 2025 20 53 Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements November 2023 October 2024 November 2024 Receipts General Fund Property Tax  13,791,928$              201,778$                   13,938,891$              Local Sales Tax 3,944,653 3,524,748 3,753,893  Public Safety Sales Tax 244,768 232,598 ‐  Transient Occupancy Tax (TOT)1,419,750 1,478,309 1,340,268  Utility Users Tax (UUT)2,091,183 1,956,395 2,035,599  Other Revenue 5,396,567 5,017,649 5,772,282  Total General Fund Revenue 26,888,849               12,411,478               26,840,934                Total All Other Funds Revenue 24,250,676               19,402,257               14,890,047                Total Receipts 51,139,525$ 31,813,735$ 41,730,980$ Disbursements General Fund Personnel Services (12,831,863) (11,416,192) (19,316,461) Operating Expenses  (4,421,467) (5,328,268) (6,907,527) Capital Expenditures  ‐ ‐ ‐  Non‐Operating Expenses (5,688) (1,221,767)                ‐  Total General Fund Disbursements (17,259,018) (17,966,227) (26,223,988) Total All Other Funds Disbursements (20,257,979)               (22,920,565)               (14,380,623)               Total Disbursements (37,516,996) (40,886,792) (40,604,611) Net Change in Cash Flow 13,622,529$ (9,073,057)$ 1,126,369$ Summary of Cash by Fund November 2023 October 2024 November 2024 General Fund 67,926,778$             85,239,072$             85,856,018$              General Fund Other 5,453,511 2,580,586 2,612,398  Capital Projects Funds 69,241,611               52,224,975               50,371,174                Debt Service Funds 31,743,448               38,340,772               39,809,863                Enterprise Funds 80,368,509               84,416,966               86,820,741                Trust and Agency Funds 2,965,717 7,939,638 6,928,113  Internal Service Funds 55,112,174               48,759,348               48,858,566                Special Revenue Funds 51,596,498               53,203,205               52,574,059                General Ledger Cash Balances * 364,408,247$ 372,704,563$ 373,830,932$ 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 November 2024 21 54 Portfolio Summary City of Huntington Beach Portfolio: CITY Reporting Date: (FY2025) 10/01/2024 - 10/31/2024 Full Accrual Basis Par Value Book Value Market Value Book Value % of Port Book Yield Book Yield Contribution Days to Maturity Cash / Money Market Local Govt Inv Pools (LGIP) Negotiable CDs U.S. Treasuries Supranational U.S. Agencies Corporates Hold Total $3,026,710.95 $3,026,710.95 $3,026,710.95 0.83%4.69%0.04%1 $30,173,749.94 $30,173,749.94 $30,173,749.94 8.27%5.03%0.42%1 $5,000,000.00 $5,000,000.00 $5,000,000.00 1.37%4.51%0.06%279 $64,000,000.00 $63,791,600.33 $62,517,380.00 17.48%2.73%0.48%789 $50,000,000.00 $49,651,812.00 $49,364,000.00 13.61%3.33%0.45%1,016 $150,980,000.00 $151,051,944.88 $148,157,453.05 41.39%2.48%1.03%705 $62,762,000.00 $62,217,274.42 $61,920,466.78 17.05%4.15%0.71%755 $365,942,460.89 $364,913,092.52 $360,159,760.72 100.00%3.18%700 Portfolio Investments 10/31/2024 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 December 19, 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 2 Total Activity 3 Period Transactions Redemptions 14 Purchases 10 Total Activity 24 Net Period Earnings $3,887,217.42 Last FY Period Net Earnings $3,090,702.15 Avg Daily Book Balance $383,211,092.36 $1.00 $1.00 Net Effective Annual Return 3.040% Net Period Earnings $986,338.88 Last FY Period Net Earnings $735,333.30 Avg Daily Book Balance $370,819,351.69 $1.00 $1.00 Net Effective Annual Return 3.177% Fiscal YTD Summary (123 Days)Period Earnings Summary (31 Days) ________________________________________________________________ sum2 Total Market Value $1.00 $360,159,760.72 sum2 Total Book Value $2.00 $364,913,092.52 Market Value Book Value Par Value sum2 Total Par Value $1.00 $365,942,460.89 The City Portfolio uses a 12 month moving average of the 1.5Yr Treasury for comparison purposes. This period, that rate is equal to: 4.670% ____________________________________________ 22 55 ~ " \ -" . " I ' I I I I I I Ag Accounting ID Ticker Pool Description Type Par Value Book Value Market Value Rate % of Portfolio 104 FUZXX First American Treasury Obligations Cash/Money Market           3,026,710.95               3,026,710.95               3,026,710.95               4.690 0.83% Cash/Money Market Total           3,026,710.95               3,026,710.95               3,026,710.95    0.83% 003 CAMP California Asset Management Program LGIP           30,173,749.94               30,173,749.94               30,173,749.94               5.030 8.27% LGIP Total           30,173,749.94               30,173,749.94               30,173,749.94    8.27% Portfolio: CITYCash By Structure Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 23 56 Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4350 Maturity 912828YM6 T 1.500 10/31/2024 100.00000 10/31/2024 10/31/2024 3,000,000.00 3,000,000.00 0.00 3,000,000.00 Activity Total 3,000,000.00               3,000,000.00              0.00              3,000,000.00     Portfolio: CITY Bond Redemption Activity Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 24 57 >- Accounting ID Transaction Type Cusip Description Price Settlement Date Posted Date Par Value Principal Accrued Interest Total 4422 Buy 3135GAVN8 FNMA 4.330 07/09/2029 100.00000 10/09/2024 10/09/2024 5,000,000.00 5,000,000.00 0.00 5,000,000.00 4423 Buy 45950KDH0 IFC 4.250 07/02/2029 101.00800 10/23/2024 10/23/2024 5,000,000.00 5,050,400.00 65,520.83 5,115,920.83 Activity Total 10,000,000.00               10,050,400.00               65,520.83               10,115,920.83     Portfolio: CITY Bond Purchase Activity Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 25 58 f- f--- Accounting ID Transaction Type Cusip Description Date Posted Interest Received Purchased Interest Adjustment Net Interest 4407 Interest Income 713448DN5 PEP 2.375 10/06/2026 10/07/2024 59,375.00 59,375.00 4419 Interest Income 14913UAR1 CAT 4.400 10/15/2027 10/15/2024 36,055.56 14,666.67 21,388.89 4386 Interest Income 3133EPGT6 FFCB 3.875 04/26/2027 10/28/2024 96,875.00 96,875.00 4319 Interest Income 459058JL8 IBRD 0.500 10/28/2025 10/28/2024 12,500.00 12,500.00 4350 Interest Income 912828YM6 T 1.500 10/31/2024 10/31/2024 22,500.00 22,500.00 Activity Total           227,305.56              14,666.67              212,638.89     Portfolio: CITY Bond Interest Received Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 26 59 - - - Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4420 PPGJFO804 CAMP 4.510     08/07/2025 California Asset Management 08/23/2024 08/23/2024 5,000,000.00     5,000,000.00     5,000,000.00    0.00     4.510 0.76 279 1.37%AAA Negotiable CDs 5,000,000.00     5,000,000.00     5,000,000.00    0.00    1.37% 4376 91282CEU1 T 2.875    06/15/2025 U.S. Treasury Note 11/17/2022 11/18/2022 3,000,000.00    2,975,599.21    2,972,880.00    (2,719.21)4.276 0.60 226 0.82%Aaa AA+AA+ 4330 91282CAB7 T 0.250     07/31/2025 U.S. Treasury Note 05/18/2021 05/19/2021 5,000,000.00     4,986,595.05     4,849,450.00     (137,145.05) 0.615 0.73 272 1.37% Aaa AA+ AA+ 4340 91282CAJ0 T 0.250     08/31/2025 U.S. Treasury Note 09/23/2021 09/27/2021 5,000,000.00     4,980,190.90     4,832,050.00     (148,140.90) 0.735 0.81 303 1.36% Aaa AA+ AA+ 4351 9128284Z0 T 2.750     08/31/2025 U.S. Treasury Note 12/30/2021 12/31/2021 5,000,000.00     5,066,709.78     4,933,150.00     (133,559.78) 1.103 0.81 303 1.39% Aaa AA+ AA+ 4411 91282CHM6 T 4.500     07/15/2026 U.S. Treasury Note 03/11/2024 03/12/2024 5,000,000.00     5,009,405.79     5,024,400.00     14,994.21     4.380 1.60 621 1.37% Aaa AA+ AA+ 4341 91282CCP4 T 0.625     07/31/2026 U.S. Treasury Note 09/30/2021 09/30/2021 5,000,000.00     4,972,350.81     4,702,150.00     (270,200.81) 0.950 1.70 637 1.36% Aaa AA+ AA+ 4339 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 09/23/2021 09/23/2021 1,000,000.00     997,499.17    940,000.00     (57,499.17) 0.890 1.78 668 0.27% Aaa AA+ AA+ 4342 91282CCW9 T 0.750     08/31/2026 U.S. Treasury Note 11/22/2021 11/23/2021 5,000,000.00     4,952,665.76     4,700,000.00     (252,665.76) 1.285 1.78 668 1.36% Aaa AA+ AA+ 4379 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/28/2022 12/29/2022 5,000,000.00     4,909,485.55     4,890,450.00     (19,035.55) 4.000 2.49 971 1.35% Aaa AA+ AA+ 4406 91282CEW7 T 3.250     06/30/2027 U.S. Treasury Note 12/21/2023 12/22/2023 5,000,000.00     4,912,564.70     4,890,450.00     (22,114.70) 3.960 2.49 971 1.35% Aaa AA+ AA+ 4409 91282CFB2 T 2.750     07/31/2027 U.S. Treasury Note 01/18/2024 01/19/2024 5,000,000.00     4,831,471.22     4,821,300.00     (10,171.22) 4.080 2.59 1,002 1.32% Aaa AA+ AA+ 4421 91282CHK0 T 4.000     06/30/2028 U.S. Treasury Note 09/17/2024 09/18/2024 5,000,000.00     5,096,813.90     4,974,400.00     (122,413.90) 3.431 3.33 1,337 1.40% Aaa AA+ AA+ 4408 91282CHQ7 T 4.125     07/31/2028 U.S. Treasury Note 01/12/2024 01/16/2024 10,000,000.00     10,100,248.49     9,986,700.00     (113,548.49) 3.831 3.40 1,368 2.77% Aaa AA+ AA+ U.S. Treasuries 64,000,000.00     63,791,600.33     62,517,380.00     (1,274,220.33)17.48% 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    4,992,387.34    4,853,050.00    (139,337.34)0.583 0.72 269 1.37%Aaa AAA 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    4,999,431.20    4,810,350.00    (189,081.20)0.512 0.97 361 1.37%Aaa AAA 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    4,985,870.01    4,756,700.00    (229,170.01)0.870 1.28 480 1.37%Aaa AAA AAA 4413 45818WFN1 IADB 4.850    07/19/2027 Inter-American Development Bank 05/28/2024 05/29/2024 10,000,000.00    10,020,165.84    10,160,500.00    140,334.16    4.770 2.49 990 2.75%Aaa AAA AAA 4401 45818WEQ5 IADB 3.800    06/09/2028 Inter-American Development Bank 09/19/2023 09/21/2023 5,000,000.00    4,868,021.38    4,929,950.00    61,928.62    4.622 3.28 1,316 1.33%Aaa AAA AAA 4402 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 11/09/2023 11/13/2023 5,000,000.00    4,793,096.49    4,884,950.00    91,853.51    4.760 3.39 1,349 1.31%Aaa AAA AAA 4403 459058KT9 IBRD 3.500    07/12/2028 Int'l Bank for Recon and Dev 12/04/2023 12/06/2023 5,000,000.00    4,858,822.37    4,884,950.00    26,127.63    4.350 3.39 1,349 1.33%Aaa AAA AAA 4410 459058KW2 IBRD 4.625    08/01/2028 Int'l Bank for Recon and Dev 01/23/2024 01/25/2024 5,000,000.00    5,083,856.09    5,076,450.00    (7,406.09)4.130 3.38 1,369 1.39%Aaa AAA AAA 4423 45950KDH0 IFC 4.250    07/02/2029 International Finance Corp 10/22/2024 10/23/2024 5,000,000.00    5,050,161.28    5,007,100.00    (43,061.28)4.011 4.14 1,704 1.38%Aaa AAA Supranational 50,000,000.00     49,651,812.00     49,364,000.00     (287,812.00)13.61% 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    4,966,150.00    (33,850.00)0.500 0.16 59 1.37%Aaa AA+ 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    4,926,950.00    (73,050.00)0.625 0.36 133 1.37%Aaa AA+ 4397 3130AWER7 FHLB 4.625    06/06/2025 Federal Home Loan Bank 06/14/2023 06/15/2023 3,000,000.00    2,999,428.48    3,004,380.00    4,951.52    4.659 0.57 217 0.82%Aaa AA+ 4329 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 05/13/2021 05/14/2021 5,000,000.00    4,996,033.88    4,880,100.00    (115,933.88)0.628 0.61 228 1.37%Aaa AA+AA+ 4381 3135G04Z3 FNMA 0.500    06/17/2025 Fannie Mae 01/12/2023 01/13/2023 5,000,000.00    4,895,921.05    4,880,100.00    (15,821.05)4.013 0.61 228 1.34%Aaa AA+AA+ 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    4,554,396.00    (95,604.00)1.250 0.65 241 1.27%Aaa AA+ 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    4,869,900.00    (130,100.00)0.800 0.71 266 1.37%Aaa AA+ 4360 3130AQT94 FHLB 1.600    08/28/2025 Federal Home Loan Bank 03/03/2022 03/04/2022 4,575,000.00    4,567,144.24    4,474,029.75    (93,114.49)1.816 0.80 300 1.25%Aaa AA+ 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    4,844,800.00    (155,200.00)0.700 0.86 319 1.37%Aaa AA+ 4318 3135GA2Z3 FNMA 0.560    11/17/2025 Fannie Mae 01/08/2021 01/11/2021 3,000,000.00    3,000,710.65    2,888,130.00    (112,580.65)0.500 1.02 381 0.82%Aaa AA+AA+ 4320 3130AKN36 FHLB 0.525    01/15/2026 Federal Home Loan Bank 01/14/2021 01/15/2021 5,000,000.00    4,998,794.44    4,778,950.00    (219,844.44)0.545 1.18 440 1.37%Aaa AA+ 4321 3130AKN85 FHLB 0.550    01/20/2026 Federal Home Loan Bank 01/14/2021 01/20/2021 5,000,000.00    4,999,390.28    4,777,850.00    (221,540.28)0.560 1.19 445 1.37%Aaa AA+ 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    4,770,650.00    (229,350.00)0.500 1.21 453 1.37%Aaa AA+ 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    4,771,650.00    (228,350.00)0.800 1.30 488 1.37%Aaa AA+ 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     4,751,100.00     (248,900.00) 1.030 1.52 571 1.37% Aaa AA+ 4335 3130AMFS6 FHLB 0.750     06/12/2026 Federal Home Loan Bank 06/16/2021 06/17/2021 5,000,000.00     4,990,289.69     4,732,600.00     (257,689.69) 0.873 1.57 588 1.37% Aaa AA+ 4388 3130AVWS7 FHLB 3.750     06/12/2026 Federal Home Loan Bank 05/08/2023 05/09/2023 3,000,000.00     2,997,823.21     2,978,970.00     (18,853.21) 3.796 1.53 588 0.82% Aaa AA+ 4398 3133EPNG6 FFCB 4.375     06/23/2026 Federal Farm Credit Bank 06/22/2023 06/23/2023 3,000,000.00     2,999,260.00     3,013,470.00     14,210.00     4.391 1.55 599 0.82% Aaa AA+ AA+ 4347 3130AQ7E7 FHLB 1.500     06/30/2026 Federal Home Loan Bank 12/14/2021 12/30/2021 5,000,000.00     5,000,739.51     4,773,600.00     (227,139.51) 1.339 1.60 606 1.37% Aaa AA+ 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     4,962,650.00     (37,350.00) 3.750 1.63 626 1.37% Aaa AA+ 4356 3130AQS79 FHLB 2.250     08/07/2026 Federal Home Loan Bank 01/27/2022 02/07/2022 5,000,000.00     5,000,000.00     4,837,600.00     (162,400.00) 2.250 1.70 644 1.37% Aaa AA+ 4386 3133EPGT6 FFCB 3.875     04/26/2027 Federal Farm Credit Bank 04/21/2023 04/26/2023 5,000,000.00     4,996,426.22     4,967,800.00     (28,626.22) 3.906 2.34 906 1.37% Aaa AA+ AA+ 4389 3133EPJP1 FFCB 3.625     05/12/2027 Federal Farm Credit Bank 05/08/2023 05/12/2023 5,000,000.00     4,991,237.95     4,937,200.00     (54,037.95) 3.700 2.35 922 1.37% Aaa AA+ AA+ 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     4,939,750.00     (60,250.00) 3.630 2.41 945 1.37% Aaa AA+ 4396 3133EPMV4 FFCB 4.125     06/15/2027 Federal Farm Credit Bank 06/09/2023 06/15/2023 5,000,000.00     4,999,377.22     4,995,150.00     (4,227.22) 4.130 2.42 956 1.37% Aaa AA+ AA+ 4385 3134GYPF3 FHLMC 4.750     07/12/2027 Freddie Mac 04/21/2023 04/24/2023 3,300,000.00     3,296,833.70     3,297,987.00     1,153.30     4.791 1.31 983 0.90% Aaa AA+ AA+ Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 27 60 >--- f- f-- f--- f- f--- >--- >--- >--- >--- >--- >--- f- f-- f--- f- f--- >--- >--- >--- >--- >--- f- f-- f--- f- >--- >--- >--- >--- Accounting ID CUSIP Ticker Coupon Maturity Date Short Description Trade Date Settlement Date Par Value Book Value Market Value Gain/Loss Book Yield Effective Duration Days to Maturity (%) of Portfolio Moodys Rating S&P Rating Fitch Rating 4405 3130AWWN6 FHLB 4.500     09/10/2027 Federal Home Loan Bank 12/04/2023 12/05/2023 4,455,000.00     4,468,262.03     4,484,670.30     16,408.27     4.383 2.64 1,043 1.22% Aaa AA+ 4395 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/09/2023 06/13/2023 5,000,000.00     5,003,324.50     4,966,900.00     (36,424.50) 3.979 3.27 1,316 1.37% Aaa AA+ 4399 3130AWC24 FHLB 4.000     06/09/2028 Federal Home Loan Bank 06/26/2023 06/27/2023 5,000,000.00     4,997,996.91     4,966,900.00     (31,096.91) 4.012 3.27 1,316 1.37% Aaa AA+ 4400 31422X5U2 FAMCA 5.100     08/07/2028 Farmer Mac 08/02/2023 08/07/2023 2,000,000.00     2,000,000.00     2,003,520.00     3,520.00     5.100 1.43 1,375 0.55% 4414 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/18/2024 07/19/2024 5,000,000.00     5,107,954.63     5,088,300.00     (19,654.63) 4.100 4.03 1,680 1.40% Aaa AA+ 4415 3130B1BC0 FHLB 4.625     06/08/2029 Federal Home Loan Bank 07/24/2024 07/25/2024 5,000,000.00     5,094,996.29     5,088,300.00     (6,696.29) 4.162 4.03 1,680 1.40% Aaa AA+ 4422 3135GAVN8 FNMA 4.330     07/09/2029 Fannie Mae 09/26/2024 10/09/2024 5,000,000.00     5,000,000.00     4,982,950.00     (17,050.00) 4.330 1.93 1,711 1.37% Aaa AA+ AA+ U.S. Agencies 150,980,000.00     151,051,944.88     148,157,453.05     (2,894,491.83)41.39% 4371 459200KS9 IBM 4.000     07/27/2025 IBM 08/09/2022 08/11/2022 6,000,000.00     6,007,860.23     5,968,020.00     (39,840.23) 3.810 0.71 268 1.65% A3 A- 4372 931142EW9 WMT 3.900     09/09/2025 Walmart 09/20/2022 09/22/2022 5,000,000.00     4,990,012.37     4,979,350.00     (10,662.37) 4.150 0.83 312 1.37% Aa2 AA AA 4382 717081DV2 PFE 2.750     06/03/2026 Pfizer Inc 01/13/2023 01/18/2023 5,000,000.00     4,897,746.17     4,872,800.00     (24,946.17) 4.142 1.51 579 1.34% A2 A WD 4375 110122CN6 BMY 3.200     06/15/2026 Bristol-Myers Squibb 11/14/2022 11/16/2022 5,000,000.00     4,904,992.40     4,904,000.00     (992.40) 4.480 1.52 591 1.34% A2 A 4390 931142EM1 WMT 3.050     07/08/2026 Walmart 05/11/2023 05/15/2023 4,257,000.00     4,209,835.75     4,170,966.03     (38,869.72) 3.752 1.58 614 1.15% Aa2 AA AA 4391 904764AU1 UNANA 2.000     07/28/2026 Unilever 05/11/2023 05/15/2023 2,505,000.00     2,433,592.64     2,407,680.75     (25,911.89) 3.752 1.67 634 0.67% A1 A+ WD 4404 037833DN7 AAPL 2.050     09/11/2026 Apple 12/04/2023 12/06/2023 5,000,000.00     4,780,819.10     4,797,800.00     16,980.90     4.583 1.79 679 1.31% Aaa AA+ 4407 713448DN5 PEP 2.375     10/06/2026 Pepsi 12/21/2023 12/26/2023 5,000,000.00     4,828,856.25     4,823,100.00     (5,756.25) 4.273 1.84 704 1.32% A1 A+ WD 4417 437076DB5 HD 4.875     06/25/2027 Home Depot 08/22/2024 08/23/2024 5,000,000.00     5,097,802.42     5,061,850.00     (35,952.42) 4.061 2.38 966 1.40% A2 A A 4416 438516CX2 HON 4.650     07/30/2027 Honeywell 08/14/2024 08/15/2024 5,000,000.00     5,063,840.68     5,032,750.00     (31,090.68) 4.137 2.49 1,001 1.39% A2 A A 4418 023135BC9 AMZN 3.150     08/22/2027 Amazon 08/22/2024 08/23/2024 5,000,000.00     4,883,346.15     4,839,300.00     (44,046.15) 4.040 2.59 1,024 1.34% A1 AA AA- 4419 14913UAR1 CAT 4.400     10/15/2027 Caterpillar 09/09/2024 09/10/2024 5,000,000.00     5,071,092.38     4,995,550.00     (75,542.38) 3.886 2.73 1,078 1.39% A2 A A+ 4412 24422EXB0 DE 4.950     07/14/2028 John Deere 03/25/2024 03/27/2024 5,000,000.00     5,047,477.89     5,067,300.00     19,822.11     4.662 3.31 1,351 1.38% A1 A A+ Corporates 62,762,000.00     62,217,274.42     61,920,466.78     (296,807.64)17.05% Bond Holdings 332,742,000.00     331,712,631.63     326,959,299.83     (4,753,331.80)90.90% Portfolio: CITYBond Holdings By Sector Report City of Huntington Beach Reporting Period: 10/31/2024 Report Run Date: Jan 22, 2025 28 61 ,____ ,____ ,____ Statement of Cash Receipts and Disbursements and Cash Receipts and Disbursements October 2023 September 2024 October 2024 Receipts General Fund Property Tax 246,426$ 1,387,322$ 201,778$ Local Sales Tax 4,201,331 3,304,656 3,524,748 Public Safety Sales Tax 236,550 230,367 232,598 Transient Occupancy Tax (TOT)1,689,599 1,786,747 1,478,309 Utility Users Tax (UUT)2,417,455 2,117,599 1,956,395 Other Revenue 5,669,127 5,066,154 5,017,649 Total General Fund Revenue 14,460,488 13,892,845 12,411,478 Total All Other Funds Revenue 15,858,729 17,957,224 19,402,257 Total Receipts 30,319,217$ 31,850,068$ 31,813,735$ Disbursements General Fund Personnel Services (11,932,469)(12,930,897)(11,416,192) Operating Expenses (5,094,618)(3,500,068)(5,328,268) Capital Expenditures - - - Non-Operating Expenses (65,934) (5,833) (1,221,767) Total General Fund Disbursements (17,093,021)(16,436,798)(17,966,227) Total All Other Funds Disbursements (15,791,321) (16,577,705) (22,920,565) Total Disbursements (32,884,342)(33,014,503)(40,886,792) Net Change in Cash Flow (2,565,125)$ (1,164,435)$ (9,073,057)$ Summary of Cash by Fund October 2023 September 2024 October 2024 General Fund 98,626,924$ 90,077,988$ 84,523,238$ General Fund Other 5,359,882 2,683,372 2,578,936 Capital Projects Funds 51,813,430 52,485,272 52,224,975 Debt Service Funds 27,329,640 38,494,433 38,340,772 Enterprise Funds 73,838,860 83,792,953 84,416,966 Trust and Agency Funds 11,074,223 8,196,810 7,824,256 Internal Service Funds 37,645,916 49,248,219 48,759,348 Special Revenue Funds 45,096,836 55,779,212 53,016,710 General Ledger Cash Balances *350,785,712$ 380,758,259$ 371,685,202$ 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 October 2024 29 62 Quarterly Investment Report Alisa Backstrom, MBA, CCMT, CPFIM Elected City Treasurer Quarter Ended: December 31, 2024 63 City Treasurer’s Mission and Goal 64 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ Mission:Preservation and Return of Investments Portfolio governed by: • CA Government Code Sections 53600 et seq • City’s Investment Policy Certified by CA Municipal Treasurers Assoc. Reviewed and adopted annually 65 Goal:Hold Legal & Suitable Investments to meet objectives of: Safety of Principal Adequate Liquidity Market Rate of Return through budgetary/economic cycles 66 Investment Policy Limits: Maximum Maturity: 5 years Maximum % by Sector Maximum % by Issuer Minimum Quality Rating 67 Allowable Investments: CA Government Code Investment Policy Commonly utilized: • US Treasury Bills/Bonds • Federal Agencies • Corporate Bonds “A” rated & above • Supranationals 68 Portfolio Overview as of 12/31/24 69 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ INVESTMENT PORTFOLIO – SUMMARY QUARTER END 12/31/24 ($ in millions) Investment Type Book Value Market Value U.S. Agencies 156.0$ 153.3$ U.S. Treasuries 68.8$ 67.5$ Corporate Bonds 62.3$ 61.9$ CAMP Investment Pool 20.4$ 20.4$ Supranational Bonds 49.7$ 49.2$ Cash / Money Market 27.9$ 27.9$ CAMP TERM 5.0$ 5.0$ TOTAL 390.1$ 385.2$ 70 INVESTMENT PORTFOLIO – BY SECTOR QUARTER END 12/31/24 71 40% ■ U.S. Agencies ■ Supranationals ■ CAMP Term 18% ■ U.S. Treasuries Cash / Money Market 16% Corporate Bonds ■CAMP INVESTMENT PORTFOLIO – BY MATURITY QUARTER END 12/31/24 WAM = 1.75 Years 72 Maturity Distribution Cash 0-1 Year 25 .1% 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% 30.0% INVESTMENT PORTFOLIO – ACTIVITY QUARTER END 12/31/24 73 $ in millions Transaction Type: Security Type Purchase Maturity/Sale U.S. Agencies $15.0 $5.0 U.S. Treasuries $5.0 $3.0 Corporate Bonds $0.0 $0.0 Supranationals $5.0 $0.0 TOTALS: $25.0 $8.0 INVESTMENT PORTFOLIO – EARNINGS AS OF 12/31/24 •$988,461 Up 29% Current Month: •$5,832,617 Up 27% Fiscal Year-to-date: •3.27% Portfolio Book Yield: •3.17% Net Effective Annual Return: 74 INVESTMENT PORTFOLIO – SELECTED COMPLIANCE 75 INVESTME NT MAXIMUM SPECIFIED % OF MINIMUM QUALITY IN PORTFOLIO/ TYPE MATURITY REQUIREMENTS COMPLIANCE? MAXIMUM PER ISSUER U.S . Treasuries 5 years None None U.S. AgonciQS 5 yoars Nono Nono Supranationa ls 5 years 30% "AA• Rating Category Corporate Bonds 5 years 30°~f10% "A" Rating Category YES MonQy MarkGt 60 days 16%110% "AAA" Rating Mutua l Funds Category VES CA Asset Management NIA Up to $75,000,000 None Program (CAMP) Maximum Maturitios No morG than 50 % of portfol io maturing ovQr 4 yoars. Additional Information City Website Government City Treasurer 76 __ --.:::: ~---=---------:::........ ~ ~--- --=--~--~~ ------------ ~ ------=..=,:;;: ---------------:---------~=-,..---=-=-- ............ [!l ••••••••••• ... ..... .. -•••••••••••••• • • •• • • •••• •• • • • • • • • • • • • • • • • • • • ••• • • ••••• •• • • • • • • •••• • ••• ••• • •••••••• • • • •• • • • • •• • •• • • • • • • ••• • • • • •• •• • • •••••••••••••••• •• • •• • • • •• .... .. . ·~ ......... . • • •• •• ••• •• • •••••• •• • ••••••••••• • • • •• • • •••••• •• ••• •• • • ••••••••••• • ••• • ••• •• • ••• •• •••••• • •••••••••• •• •• • ••• • • • •• • • • • • ••• •• • •••••••• •• •• ••• • •••••• • • •• •• • • •••••••••••• • ••• • • • •• • • • ••• • • ••• • • • • ••••••• •• • •• ••• • • • • •• • •••• • • • • • • • • •••••••••••• • • ••••••• •••• •• •• ••••• • •••••••• •••••• ••••••• • •••• • •••• •• • • •••••••••• ••• • •• ••• • •••• •• • • • •• • •••• • • • • • • •• ••• • • •••• • • • • • •• ••• • • •••••••• Questions? 77 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-084 MEETING DATE:2/18/2025 Presentation on the Safe and Sane Fireworks Stand Application and Lottery Process for 2025 City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 78 2025 Safe and Sane Fireworks Stand Application and Lottery Process February 18, 2025 79 Application Period: March 1 through March 31 Permits: The maximum number of permits that may be issued during any one calendar year shall be 16. Permits shall be issued to qualified organizations in each of the following categories: Civic Organizations – 5 permits High School –5 permits Youth Sports – 5 permits City Foundation/ Partnerships – 1 permit 80 CIVIC ORGANIZATIONS (5): Organizations operating within the City whose sole purpose is for civic betterment or charitable or religious purposes to and for the citizens of Huntington Beach – EXCLUDES high school extracurricular activities or youth or adult sports groups Approved applications will be entered into a lottery drawing held at the April 15 City Council meeting 81 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ HIGH SCHOOL (5): 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 Each public high school may be awarded one permit; upon application receipt and approval, each high school shall hold a lottery among its student clubs and organizations, and can dedicate its stand to not more than two groups 82 HIGH SCHOOL (Private) A private high school may submit an application for the fifth high school permit If no private high school applies, the four public high schools will be entered into the lottery drawing for the fifth high school permit 83 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ YOUTH SPORTS (5): Organizations operating within the City whose main purpose is to benefit a valid youth sports activity – EXCLUDES individual club or travel sports teams, or high school extracurricular activities/sports groups Approved applications will be entered into a lottery drawing held at the April 15 City Council meeting 84 City Foundation/Partnership Organizations (1): Charitable organization that has been established as a result of a partnership with a specific City department and has the primary purpose of financially supporting City services and operations; and a *Memorandum Of Understanding must be on file with the City *Per Resolution No. 2024-08 Annual Awards Year 1 – (2024) HB Fire Outreach Foundation Year 2 – (2025) HB Police and Community Foundation Year 3 – (2026) HB Council on Aging 85 APPLICATION PROCESS Prior to March 1, applicants successful in the 2024 application process will be notified by email of the 2025 process; and, A public announcement regarding the 2025 application process will be posted to local social media sites 86 ~ --~ --~---=--=-=--~~-=--~ ---=-= -==--=---_ ...:=----·- --..... --~ ----------=--~ --~ _---____,_ APPLICATION PROCESS At the conclusion of the lottery drawing held on April 15, representatives from the Fire Department will contact successful applicants to explain what happens next, and to distribute temporary fireworks stand sales applications. For more information, visit these online resources: Fireworks Information – 2025 http://www.huntingtonbeachca.gov/fireworks/ HB Municipal Code Chapter 5.90 – Fireworks 87 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-101 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of February 4, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of February 4, 2025. 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. February 4, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 2/13/2025Page 1 of 1 powered by Legistar™ 88 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, February 4, 2025 4:30 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 https://huntingtonbeach.legistar.com/Calendar.aspx 4:30 PM — COUNCIL CHAMBERS CALL TO ORDER — 4:30 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS RELATED TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS RELATED TO CLOSED SESSION (3-Minute Time Limit) — None Mayor Burns read titles for Item #1 25-066 regarding Conference with Labor Negotiators and Employee Organization: Huntington Beach Municipal Teamsters (HBMT); Item #2 25-067 regarding Conference with Labor Negotiators and Employee Organization: Management Employees' Organization (MEO); Item #3 25-068 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Association (MSMA); Item #4 25-069 regarding Public Employee Appointment: City Manager; and NEW 25-075 Conference with Real Property Negotiators: DBA Jack's Beach Concessions: Price and terms of lease. A motion was made by Van Der Mark, with a second by Strickland, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:37 PM CLOSED SESSION 1. 25-066 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Huntington Beach Municipal Teamsters (HBMT). 2. 25-067 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Management Employees’ Organization (MEO). 89 Council/PFFA Regular Meeting February 4, 2025 Page 2 of 8 3. 25-068 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, Acting City Manager; also in attendance: Marissa Sur, Director of Human Resources; Michael E. Gates, City Attorney and David Cain, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 4. 25-069 PUBLIC EMPLOYEE APPOINTMENT (Gov. Code section 54957(b)(1).) Title: City Manager. 5. 25-070 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Frahm (Robert), et al. v. City of Huntington Beach; OCSC Case No.: 30-2023-01319592. 6. 25-071 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Clayton-Tarvin (Gina) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2023-01329927. 7. 25-072 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach/Zelinka; Case No. 30-2023-01312235. NEW 25-075 CONFERENCE WITH REAL PROPERTY NEGOTIATORS - Property: 21091 Pacific Coast Highway, Huntington Beach, CA, 92648 (APN 024-281-16). Agency Negotiators: Travis Hopkins, Acting City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating Parties: (Not Present) Dave Clapp DBA Jack’s Beach Concessions. Under negotiation: Price and terms of lease. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams Absent: None PLEDGE OF ALLEGIANCE — Led by Mayor Pro Tem 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. 8. 25-065 Huntington Beach Police Chaplain James Pike CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) 90 Council/PFFA Regular Meeting February 4, 2025 Page 3 of 8 Mayor Burns reported on the Surf City Marathon. Councilmember Strickland recognized the 1st Annual Huntington Beach Sports Hall of Fame to recognize local Huntington Beach athletes. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental communications received by her office following distribution of the Council Agenda packet which were all uploaded to the City's website and Councilmember iPads: Invocation Item #8 (1 email communication), City Manager’s Report Item #9 (3 email communication); Minutes Item #10 (2 email communications), License Agreement with VisitHB Item #11 (1 email communication) and Public Hearing Item #15 (2 email communications). PUBLIC COMMENTS (3-Minute Time Limit) — 18 Speakers The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at https://huntingtonbeach.legistar.com/Calendar.aspx. Regina Blankenhorn commented on the two library petitions, Measure U proponents, and Ocean View meeting. (00:11:09) Barbara Richardson commented on the recent City survey regarding the Library petitions. (00:14:20) Andrew Einhorn commented on the release of January 6 insurrectionists, recent Library petitions and what he defined as frivolous lawsuits. (00:16:07) Barbara Shapiro commented on the proliferation of coyotes in Huntington Beach, the proposed Light Show in Central Park, and recent Library petitions. (00:18:04) Tim Geddes commented on the amount of time public speakers are allotted, and the two Library petitions process. (00:20:49) Amory Hanson commented on Item #11 regarding a License Agreement with Visit Huntington Beach (VHB) for use of the Visitor Information Kiosk at Pier Plaza. (00:23:26) Rick Brown commented on Code Four and the Pacific Air Show. (00:24:05) Ken Inouye commented on his recent meeting with Mayor Burns to discuss the City's financial challenges. (00:26:52) Jaeden commented on the recent declaration that Huntington Beach is a non-sanctuary city for illegal immigrants for the prevention of crime. (00:29:45) Charles Jackson commented on what he believes should be the City's priorities and on the proposed Bolsa Chica Senior project. (00:32:09) Cathey Ryder acknowledged February as Black History Month and commented on the City's ballot initiative process and recent library petitions. (00:34:45) Paula Schaefer shared her observations as a signature gatherer for the Library petitions. (00:36:46) David Rynerson commented on the Library petitions, recent City Library surveys and Item #8 regarding the New Long-Range Financial Plan. (00:39:28) 91 Council/PFFA Regular Meeting February 4, 2025 Page 4 of 8 Christopher Rini commented on the Library petitions and recent City Library surveys. (00:41:37) Justine Makoff described recent activities at Huntington Central Park Equestrian Center and noted that all upcoming events can be found at www.freereinfoundation.org. (00:44:24) Roger Noor commented on budget amounts for the Police Department and the Library system. (00:47:31) Ellyce Tolbert shared her personal experience of living in Huntington Beach. She was asked to complete a blue card. (00:50:39) Valentina Bankhead commented on the current City Council and the declaration that Huntington Beach is a non-sanctuary city for illegal immigrants for the prevention of crime. (00:53:38) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilman Strickland announced his appointment of Teisha Husaini to the Community and Library Services Commission; Councilman Williams announced his appointment of Laszlo Lak to CIAB/PW Commission; Councilman Kennedy announced his appointment of Allen Schriber to the Investment Advisory Commission; and Mayor Burns announced his appointment of Mel Williams to the Harbour Commission. AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers Twining, Williams and Kennedy reported attending Cal Cities three-day Conference. CITY MANAGER’S REPORT 9. 25-053 Presented New Long Range Financial Plan (Moved from Study Session) Acting City Manager Travis Hopkins introduced David Cain, Interim Chief Financial Officer, who introduced Consultant James Morris, Managing Director, UFI Financial Solutions, who presented a PowerPoint communication titled: Overview of Financial Forecast Model and Fiscal Outlook with slides entitled: Presentation – Table of Contents, UFI – Financial Advisors & Consultants, UNDERSTANDING CITY’S FORECAST MODEL, Developing a Forecast Model, Huntington Beach Forecast – General Assumptions, Huntington Beach Forecast – Fiscal Issues Not In Model, Huntington Beach Forecast - Major Drivers & Indexes, 10-YEAR BASELINE FORECAST, Baseline Forecast – 10-Year Projections (2025-35), Baseline Forecast – Revenue & Expenses Trends, Baseline Forecast – Annual Surplus/(Deficit), Baseline Forecast – Cumulative Surplus/(Deficit), Baseline Forecast – Fund Balance Impact, SCENARIO FORECAST, Scenario Forecast – Changed Assumptions, Baseline Forecast – Revenue & Expenses Trends, Scenario Forecast – Fund Balance Impact, Baseline Forecast – Annual Surplus/(Deficit), Scenario Forecast – Annual Surplus/(Deficit), Baseline Forecast – Cumulative Surplus/(Deficit),Scenario Forecast – Cumulative Surplus/(Deficit), Baseline Forecast – Fund Balance Impact, Scenario Forecast – Fund Balance Impact, FISCAL OUTLOOK, Fiscal Outlook – Strengths & Opportunities, Fiscal Outlook – Challenges & Concerns, and QUESTIONS? Councilmembers clarified the forecasting model and economic data source(s) for the regional numbers used; accuracy of near-term, mid-term and far-term projections; clarification on the total baseline revenue vs one-time revenue; accounting for new economic growth vs performance of the existing tax base; discussion on the positive and negative impacts of something like the Covid-19 pandemic on municipal 92 Council/PFFA Regular Meeting February 4, 2025 Page 5 of 8 finances; the CalPERS on-line tool that allows for considering impact of different return scenarios; limited ability to invest General Fund unrestricted revenue as a way to spread costs in terms of who bears the financial burden of particular facilities or equipment, following the City's investment policies; continuing energy efficiency discussions; and confirmed that the model presented allows for line item scenarios to evaluate various outcomes. Mayor Pro Tem McKeon noted this is a ton of information and this City Council is focused on looking at every single possibility to responsibly increase revenue while trimming expenses in every department. The effort is to determine which are "nice to have" vs "critical" services, including seeking out possible county, state or federal funding sources. Interim Chief Financial Officer Cain noted that two townhall meetings are currently scheduled to receive resident and business owner input on determining highest priorities as the next step in this process. CONSENT CALENDAR (Items #10 – #14) Mayor Burns pulled Item #11 for additional discussion. City Clerk 10. 25-064 Approved and Adopted Minutes A motion was made by Strickland, second Van Der Mark to approve and adopt the City Council/Public Financing Authority regular meeting and the Successor Agency meeting minutes of January 21, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None Community Development 11. 24-869 Approved and authorized execution of a License Agreement with Visit Huntington Beach (VHB) for use of the Visitor Information Kiosk located at Pier Plaza Mayor Burns confirmed with Kriss Casanova, Economic Development Manager and Nicole Llido, Vice President of Administration and Community Engagement, Visit HB, that the free-standing display, attached to the adjacent light pole, is not part of the Pier Plaza Kiosk. Community Development Director Jennifer Villasenor confirmed for Councilmember Kennedy that the City Sign Code currently prohibits offsite advertising. A motion was made by Burns, second Strickland to approve and authorize the Mayor and City Clerk to execute the "Non-Exclusive License Agreement Between the City of Huntington Beach and Visit Huntington Beach" for the use of the Visitor Information Kiosk located at Pier Plaza. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None Public Works 93 Council/PFFA Regular Meeting February 4, 2025 Page 6 of 8 12. 25-016 Approved and accepted the Public Improvements, Released the Sureties for, and Accepted a Guarantee and Warranty Bond for the LeBard Residential Project (Tract 17801) A motion was made by Strickland, second Van Der Mark to accept the improvements constructed and dedicated for public use with Tract 17801, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, accept Guarantee and Warranty Bond No. 36K003143 (Attachment 3); the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, instruct the City Treasurer to release the Faithful Performance Bond No. 379919S, Labor and Material Bond No. 379919S, and Monument Bond No. 379922S, pursuant to California Government Code Section No. 6649.7(a); and, instruct the City Clerk to notify the developer, HB Homes Management, LLC, of this action, and the City Treasurer to notify the surety company, Indemnity Company of California, of this action. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 13. 25-021 Approved and authorized the execution of a Cost Sharing Agreement for the development of a template Cross-Connection Control Plan in collaboration with 23 Public Water Systems in Orange County, under the organized leadership of the Irvine Ranch Water District A motion was made by Strickland, second Van Der Mark to approve and authorize the City Manager to execute the Cost Sharing Agreement with 23 Public Water Systems in Orange County to ensure compliance with state regulations. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 14. 24-890 Approved and authorized execution of Amendment No. 1 to the Professional Service Agreements with AESCO Inc. and Dudek for On-Call Construction Management and Engineering Services A motion was made by Strickland, second Van Der Mark to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and AESCO for On-Call Material Inspections and Engineering Services", to extend the term by one year and increase the contract amount by $250,000; and, approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Dudek for On-Call Construction Management and Engineering Services", to extend the term by one year and increase the contract amount by $300,000 The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Strickland, and Williams NOES: None 94 Council/PFFA Regular Meeting February 4, 2025 Page 7 of 8 PUBLIC HEARING 15. 24-862 CONTINUED to a date certain: February 18, 2025: Tax Equity and Financial Responsibility Act public hearing to adopt Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed $325,000,000 for Marisol HB, LLC, with no City obligations, as well as a Payment in Lieu of Taxes Agreement Acting City Manager introduced David Cain, Interim Chief Financial Officer, who provided a PowerPoint communication titled The Marisol HB, LLC, with five (5) slides of bullet point requirements; Recommendations and Questions? Ex-parte communications were disclosed by Mayor Burns, Mayor Pro Tem McKeon and Councilmembers Twining, Kennedy, Williams and Van Der Mark who were briefed individually by Scott Strusiner, Project Advocate, Managing Director from LAMB Properties. Mayor Burns confirmed with Interim CFO Cain that all bond funding will go only to this project. Mayor Pro Tem McKeon and Developer Representative Strusiner discussed the total amount of the bond includes a twenty-percent (20%) cushion which is normal for TEFRA agreements. There was discussion explaining benefits for the developer electing to operate as a non-profit. Developer Representative Strusiner stressed the intent of the developer to be a good neighbor and ensure the City is made whole tax-wise through the Payment in Lieu of Taxes (PILOT) agreement with Huntington Beach. Councilmember Twining continued the discussion with Developer Representative Strusiner regarding the possibility that Huntington Beach may not actually be made whole tax-wise if the developer lost their non- profit status any time during the project. Councilmember Williams noted for the record that Code of Federal Regulations (CFR) Section 1.147(f)- 1(b) defines geographical jurisdiction for purposes of securing project bonds and as a Charter City, the bonds can only be approved by Huntington Beach — not by Orange County or State of California. Mayor Burns opened the Public Hearing. City Clerk Lisa Lane Barnes announced supplemental communication received for this Public Hearing during Announcement of Supplemental Communications. Public Hearing Speakers (3-Minute Time Limit) — 1 Charles Jackson was called to speak and shared his concern that Measure U requires a vote of the residents and asked why this project is not being brought for a vote. (02:22:52) Councilmember Kennedy stated this project is a good fit, Councilmembers are being good stewards, no zoning variances are requested, project density was approved originally at 226 rooms and is now at 214 rooms or 35 per acre, 234 parking spaces provided, and all funds in the bond will go directly to the build. He read the potential downsides and noted that none of them apply to this project. Councilmember Kennedy expressed his appreciation to Developer Representative Strusiner for presenting a project that keeps the City whole financially. 95 Council/PFFA Regular Meeting February 4, 2025 Page 8 of 8 Mayor Pro Tem McKeon responded to Public Hearing Speaker Jackson's concern by explaining Measure U does not apply to this situation because the project does not initiate a City zone change that creates a significant and unavoidable impact to the environment. Mayor Burns announced this Public Hearing will remain open to a date certain: February 18, 2025. ADJOURNMENT — At 8:25 PM a motion was made by Burns, with a second by Van Der Mark, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, February 18, 2025, 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 96 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-077 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Receive and File the City Clerk’s quarterly listing of professional services contracts filed in the City Clerk’s Office between October 1, 2024 and December 31, 2024 Statement of Issue: On a quarterly basis, the City Clerk provides a list of professional services contracts that are entered into by City Departments and consultant firms, pursuant to Huntington Beach Municipal Code Chapter 3.03. These contracts have been transmitted to the City Clerk for official filing for the public record, and funds are included in the City budget. Financial Impact: Not applicable Recommended Action: Receive and File the “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2024 and December 31, 2024.” Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: On November 19, 2001, the City Council established a policy to follow the administration of all contracts entered into between City Departments and consultant firms, pursuant to Huntington Beach Municipal Code Chapter 3.03. Administrative Regulation No. 228, effective as of August 4, 2008, prescribes the policy regarding professional service contracts to ensure public review of new contracts through identification on the City Council agenda, as required by section 6.4.1 of the policy. Attachment #1 is a list of contracts entered into by City Departments and received in the City Clerk’s Office for the fourth quarter of 2024. City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 97 File #:25-077 MEETING DATE:2/18/2025 Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. “List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk During the Period October 1, 2024 and December 31, 2024.” City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 98 Page 1 of 2 *This list includes all contracts received which are public records List of Professional Services Contracts Approved by Department Heads and Submitted to the Office of the City Clerk during the period of October 1, 2024 and December 31, 2024 AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 10/03/2024 City Manager Beacon Economics, LLC NTE $27,800 Economic Impact Analysis of 2024 Pacific Airshow 10/02/2027 9/01/2024 (Received on 10/09/2024) Finance Obelisk Achievement, LLC NTE $50,000 Ad Hoc Purchasing Consulting Services 08/31/2026 9/01/2024 (Received on 10/22/2024) Finance Arbitrage Compliance Specialists, Inc. NTE $12,400 Arbitrage Rebate Compliance Services 08/31/2027 10/24/24 Police Gallatin Investigations, LLC Name Change to LM Investigations, LLC Amendment No. 1 to 07/01/2024 contract for Background Investigative Services 06/30/2027 08/03/2024 (Received on 10/29/2024) Finance MGT of America Consulting, LLC NTE $19,500 SB90 State Mandated Reimbursement Claims Services 08/02/2027 10/31/2024 Public Works Psomas Term Extended for One Year; X: 11/01/2025 Amendment #1 to 11/02/2021 contract for On Call Construction Management and Engineering Services 11/01/2025 10/31/2024 Public Works Berg & Associates, Inc. Term Extended for One Year; X: 11/01/2025 Amendment #1 to 11/02/2021 contract for On Call Construction Management and Engineering Services 11/01/2025 10/31/2024 Public Works Ardurra Group, Inc. Term Extended for One Year; X: 11/01/2025 Amendment #1 to 11/02/2021 contract for On Call Construction Management and Engineering Services 11/01/2025 99 Page 2 of 2 *This list includes all contracts received which are public records AGREEMENT DATE DEPARTMENT NAME OF CONTRACTOR AMOUNT PURPOSE EXPIRATION 10/31/2024 Public Works RMA Group, Inc. Term Extended for One Year; X: 11/01/2025 Amendment #1 to 11/02/2021 contract for On Call Construction Management and Engineering Services 11/01/2025 11/01/2024 Information Services JRB and Associates NTE $30,000 On-Call Project Management Services 10/31/2027 11/01/2024 Human Resources Prodigy Care Services NTE $30,000 Pharmacy Benefit Management 10/31/2027 11/18/2024 Fire LM Investigations, LLC NTE $20,000 Background Investigative Services 11/17/2027 11/20/2024 Finance RSG, Inc. NTE $ 20,000 Successor Agency Consulting Services 11/19/2027 7/01/2024 (Received on 12/03/2024) Finance KNN Public Finance, LLC NTE $30,000 Financial Advisory Services 06/30/2027 12/11/2024 Finance Urban Futures, LLC NTE $43,750 Financial Forecasting Modeling Services 12/10/2027 12/19/2024 Public Works Ninyo & Moore Geotechnical & Environmental Sciences Consultants Term Extended for One Year; X: 12/20/2025 Amendment #1 to 12/21/2021 contract for On Call Material Testing and Engineering Services 12/20/2025 12/19/2024 Public Works GMU Geotechnical, Inc. Term Extended for One Year; X: 12/20/2025 Amendment #1 to 12/21/2021 contract for On Call Material Testing and Engineering Services 12/20/2025 12/19/2024 Public Works Leighton Consulting, Inc. Term Extended for One Year; X: 12/20/2025 Amendment #1 to 12/21/2021 contract for On Call Material Testing and Engineering Services 12/20/2025 100 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-111 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:David Cain, Interim Chief Financial Officer PREPARED BY:Serena Bubenheim, Assistant Chief Financial Officer Subject: Fiscal Year 2024/25 Mid-Year Budget Adjustments Statement of Issue: The Finance Department has prepared a mid-year budget review for the fiscal year that began on July 1, 2024. In interfacing with operating departments, budgetary requests have been assessed across all City departments, and certain adjustments are being recommended based on available resources in the General Fund, through grants and/or restricted funds. Financial Impact: Fiscal Year 2024/25 Mid-Year Adjustments 1. General Fund (100) budget adjustments are requested as follows: a. Fire Department - funding for Fire Strike team reimbursement costs ($1,200,000) offset with strike team reimbursement revenues for a net zero impact. b. Fire Department - funding for emergency medical supplies and EMS billing costs ($291,000) offset with emergency medical services revenue for a net zero impact. c. Fire Department - funding for additional costs associated with the City’s participation in the Voluntary Rate Range Intergovernmental Transfer Program ($145,685) offset with reimbursement revenue for a net zero impact. 2. The Community & Library Services Department is requesting to close out the Park Acquisition & Development Fund 209 and transfer the remaining fund balance of $6,488 to the Park Development Impact Fee - Residential Fund 228. 3. The Community & Library Services Department is requesting to transfer capital improvement project funds budgeted in the Development Impact Fee - Residential Fund 228, for a net zero impact. City of Huntington Beach Printed on 2/13/2025Page 1 of 5 powered by Legistar™ 101 File #:25-111 MEETING DATE:2/18/2025 4. The Public Works Department is requesting Infrastructure Fund 314 funding for the Sports Complex driveway and parking lot ($30,000). 5. The Public Works Department is requesting funding in the Water Fund 506 for a portion of the Warner Avenue emergency sinkhole repair ($367,240). 6. The Public Works Department is requesting funding in the Sewer Fund 511 for a portion of the Warner Avenue emergency sinkhole repair ($367,240) and funding to complete the Edinger Sewer Lift Station project ($90,000). 7. The Police Department is requesting an appropriation of $120,000 from the Supplemental Law Enforcement Fund 984 for the purchase and installation of a searchlight for one helicopter. 8. The Public Works Department is requesting an appropriation from the SB 1383 Local Assistance Fund 1276 to reimburse unspent grant funds to CalRecycle from the OWR1 grant cycle ($54,762). 9. The Public Works Department is requesting an appropriation of $31,500 from the Lot BB Buffer Maintenance Fund 1287 for maintenance costs for Lot BB of Tract Map No. 15549 . There are sufficient revenues, cash, and/or fund balances to support the above referenced adjustments. Recommended Action: Approve mid-year budget adjustments to the FY 2024/25 Revised Budget in the funds and by the amounts contained in Attachment 1. Alternative Action(s): Do not approve the recommended action(s) and direct staff accordingly. Denial of Mid-Year budget adjustment requests would result in insufficient funding for critical areas and potential loss of grant funding. Analysis: The FY 2024/25 Budget was adopted by City Council on June 4, 2024, for the fiscal year beginning July 1, 2024. The Finance Department has compiled recommended budget adjustments to cover additional costs and/or provide appropriations necessary to expend funds that have been received for specific purposes. There are sufficient offsetting revenues, cash, and/or fund balance to support the requested adjustments. General Fund The Fire Department participates in the California Fire and Rescue Emergency Mutual Aid System, and the department has responded to multiple mutual aid requests to assist in major fires, including the Palisades and Eaton Fires. The State of California will fully reimburse Huntington Beach for all City of Huntington Beach Printed on 2/13/2025Page 2 of 5 powered by Legistar™ 102 File #:25-111 MEETING DATE:2/18/2025 allowable Strike Team expenditures and will reimburse an additional 12.9% administrative rate applied to these allowable expenditures. The Fire Department has incurred $1,200,000 in Strike Team expenditures for FY 2024/25 so far. Given that Strike Team costs are unknown until costs are incurred, the annual budget does not include funding for mutual aid responses. Therefore, the Fire Department is requesting a budget appropriation of $1,200,000, which will be fully reimbursed by the State. To meet the operational demands of increased vendor prices and increased medical calls, the Fire Department is requesting a budget appropriation of $291,000 for emergency medical supplies and billing costs. Additional emergency medical service revenues are anticipated to offset the requested appropriation. The City participates in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT), which is administered through the Department of Health Care Services and CalOptima Health and allows the City to receive additional Medi-Cal reimbursement revenue through a federal match. The City’s up front payment was anticipated to be $2,751,293 with a reimbursement of $6,620,273, for a net revenue of $3,868,980. The City’s actual up front payment was $2,896,978 with a final reimbursement of $6,885,526, for a net revenue of $3,988,548. The department is requesting an appropriation of $145,685 to cover the additional up front cost, which has been fully offset by the additional net revenue received. In summary, the requested General Fund appropriations total $1,636,685 and are offset by anticipated revenues of $1,636,685, for a net zero impact. Other Funds Park Acquisition & Development and Park Development Impact Fee - Residential Funds (209 & 228) The Community & Library Services Department is requesting to close out the Park Acquisition & Development Fund 209 and transfer the remaining $6,488 balance to the Park Development Impact Fee - Residential Fund 228. Fund 209 was originally used for all park development fees collected prior to the adoption of new fees in 2012. All fees are now deposited into Fund 228, so Fund 209 is no longer needed. Park Development Impact Fee - Residential Fund (228) The FY 2024-25 Adopted Capital Improvement Program (CIP) Budget includes approved funds in the amount of $600,000 for playground improvements at Pleasant View Park. Since the time of budget adoption, staff has learned that the Ocean View School District is considering the potential sale of Pleasant View School. Due to the unknown disposition of this possibility, staff would like to reassign the approved budget for Pleasant View Park Playground Improvements to Robinwood Park Playground Improvements which is also in need of replacement. There is no change to the overall budget with this request. Infrastructure Fund (314) The Public Works Department is requesting a $30,000 fund balance appropriation from the City of Huntington Beach Printed on 2/13/2025Page 3 of 5 powered by Legistar™ 103 File #:25-111 MEETING DATE:2/18/2025 Infrastructure Fund 314 to conduct an underground investigation of the Sports Complex driveway. Over the past year, the sinking driveway has gotten much worse due to rainwater seeping through the asphalt and causing erosion. Based on the results of the investigation, the cost for stabilization and repairs will be included in the FY 2025/26 CIP Budget. Water and Sewer Funds (506 and 511) In June 2024, a sinkhole, caused by years of heavy rainfall infiltrating the sewer trench and creating a void beneath the street, collapsed and damaged the City sewer pipeline between Magnolia and Ross on Warner Avenue. Emergency repair work for the sewer pipeline and street began in September 2024 and was completed within six weeks, incurring costs of just under $750,000. The Public Works Department is requesting fund balance appropriations of $367,240 in the Water Fund and $367,240 in the Sewer Fund to cover the cost of the emergency repair work. Sewer Fund (511) The Public Works Department is requesting a fund balance appropriation of $90,000 from the Sewer Fund 511 to cover remaining costs related to the Edinger Avenue Sewer Project. Once the project started, it was found that a materials testing company and construction management consultant were needed to ensure timely completion of the project. The project has been completed, and additional funding is needed to cover the remaining costs and close out the project. Supplemental Law Enforcement Services Fund (984) The Police Department is requesting a fund balance appropriation from the Supplemental Law Enforcement Services Fund in the amount of $120,000 for the purchase and installation of a new searchlight for one helicopter. The current searchlight is over ten years old and is failing on a consistent basis. Searchlights are essential for officer safety when performing public safety functions during nighttime hours. SB 1383 Local Assistance OWR1 Fund (1276) In May 2022, the City was awarded $278,482 through the SB 1383 Local Assistance Grant administered by CalRecycle. This was a one-time, non-competitive grant program to assist local jurisdictions with the implementation of their SB 1383 programs. The CalRecycle OWR1 grant expenditure period has concluded and the grant is finalized. The City received the grant funds up front and must reimburse CalRecycle for unspent grant funds in the amount of $54,762. Lot BB Buffer Maintenance Fund (1287) In 2003, the City entered into a Buffer Area Maintenance Reimbursement Agreement for Lot BB of Tract Map No. 15549. The Homeowner’s Association (HOA) reimburses the City annually for the City’s costs to maintain the lot. A fund balance appropriation of $31,500 is requested in the Lot BB Buffer Maintenance Fund 1287 to pay for maintenance costs for FY 2024-25. This expenditure was erroneously omitted from the FY 2024-25 Adopted Budget. In summary, the requested non-General Fund appropriations total $1,060,742. There are sufficient offsetting revenues, cash, and/or fund balance in each fund to support the requested adjustments. City of Huntington Beach Printed on 2/13/2025Page 4 of 5 powered by Legistar™ 104 File #:25-111 MEETING DATE:2/18/2025 Environmental Status: Not applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Fiscal Year 2024/25 Recommended Mid-Year Adjustments 2. FY 2024/25 Mid-Year Budget Adjustments Presentation City of Huntington Beach Printed on 2/13/2025Page 5 of 5 powered by Legistar™ 105 APPROPRIATION AND TRANSFER INCREASE: Dept From Name Amount To Fund Name Comm & Library Svcs 209 Park Acquisition & Dvlpmt 6,488 228 TOTAL 6,488 APPROPRIATION INCREASE: Dept Fund Name Amount Revenue Offset Net Increase Fire Department 100 General Fund 1,636,685 1,636,685 - General Fund Subtotal 1,636,685 1,636,685 - Comm & Library Svcs 228 Park Development Fees - - Public Works 314 Infrastructure Fund 30,000 30,000 Public Works 506 Water 367,240 367,240 Public Works 511 Sewer 457,240 457,240 Police 984 SLESF 120,000 120,000 Public Works 1276 SB1383 Local Assistance OWR1 54,762 54,762 Public Works 1287 Lot BB Buffer Maintenance 31,500 31,500 Other Funds Subtotal 1,060,742 - 1,060,742 All Funds Total 2,697,427 1,636,685 1,060,742 ATTACHMENT 1 Fiscal Year 2024/25 Appropriation Increases Park Dvlpmt Impact Fee - Residential Fiscal Year 2024/25 Interfund Transfers 106 FY 2024/25 Mid-Year Budget Requests City Council Meeting February 18, 2025 1107 FY 2024/25 Mid-Year Budget Requests •The Finance Department conducted a mid-year budget review for Fiscal Year 2024/25, which began on July 1, 2024 •Budget requests were assessed across all City departments and certain adjustments are being recommended based on available resources in the General Fund, enterprise funds, grants and/or restricted funds 2108 Inter-Fund Transfers 3 Park Acquisition & Development and Park Development Impact Fee – Residential Funds (209 & 228) •$6,488 – transfer the remaining $6,488 balance in the Park Acquisition & Development Fund (209) to the Park Development Impact Fee – Residential Fund to close out the Park Acquisition & Development Fund. All park development fees are now deposited into Fund 228, so Fund 209 is no longer needed. Total Inter-Fund Transfer Adjustments - $6,488 109 Appropriation Increases – General Fund 4 Fire Department •$1,200,000 for Strike Team costs incurred assisting with major fires, including the Palisades and Eaton fires, as part of the City’s participation in the California Fire and Rescue Emergency Mutual Aid System. The State of California will fully reimburse the City for all allowable Strike Team expenditures for a net zero impact. •$291,000 for emergency medical supplies and billing costs resulting from increased call volumes and higher vendor prices. The appropriation will be offset by additional anticipated emergency medical services revenues for a net zero impact. •$145,685 for participation in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT). Based on final calculations, the City’s up front match was $145,685 higher than initially anticipated and is fully offset by additional reimbursement revenue for a net zero impact. The requested General Fund appropriations total $1,636,685 and are offset by anticipated revenues of $1,636,685, for a net zero impact. 110 Appropriation Increases – Other Funds 5 Infrastructure Fund (314) •$30,000 to conduct an underground investigation of the Sports Complex driveway. Over the past year, the sinking driveway has gotten much worse due to rainwater erosion. Based on the results of the investigation, the cost for stabilization and repairs will be included in the FY 2025/26 CIP Budget. There is sufficient available fund balance in the Infrastructure Fund to support this request. Water and Sewer Funds (506 and 511) •$734,480 for the Warner Avenue emergency sinkhole repair. In June 2024, a sinkhole collapsed and damaged the sewer pipeline between Magnolia and Ross on Warner Avenue. Emergency repair work for the pipeline and street began in September 2024 and was completed within six weeks. The costs will be split between the Water and Sewer Funds ($367,240 appropriation in each fund). There is sufficient available fund balance in each fund to support the request. 111 Appropriation Increases – Other Funds 6 Sewer Fund (511) •$90,000 to cover remaining costs related to the Edinger Avenue Sewer Project. Once the project started, it was found that a materials testing company and construction management consultant were needed to ensure timely completion. The work has been finished and additional funding is needed to cover the remaining costs and close out the project. There is sufficient available fund balance in the Sewer Fund to support this request. Supplemental Law Enforcement Services Fund (984) •$120,00 for the purchase and installation of a searchlight for one helicopter. The current searchlight is over ten years old and is failing on a consistent basis. Searchlights are essential for officer safety when performing public safety functions during nighttime hours. There is sufficient available fund balance in the Supplemental Law Enforcement Services Fund to support this request. 112 Appropriation Increases – Other Funds 7 SB Local Assistance OWR1 Fund (1276) •$54,762 to reimburse CalRecycle for unspent grant funds received as part of the SB 1383 Local Assistance Grant. This was a one-time, non-competitive grant to assist local jurisdictions with the implementation of their SB 1383 programs. The City received the grant revenues up front, and there is sufficient available fund balance to support this request. Lot BB Buffer Maintenance Fund (1287) •$31,500 for maintenance costs for Lot BB of Tract Map No. 15549. In 2003, the City entered into a Buffer Area Maintenance Reimbursement Agreement for Lot BB of Tract Map No. 15549. The Homeowner’s Association (HOA) reimburses the City annually for the City’s maintenance costs. There is sufficient available fund balance to support the request. Total Other Funds Appropriation Increases - $1,060,742 113 Capital Improvement Program Adjustment 8 Park Development Impact Fee – Residential (228) •The FY 2024-25 Adopted Capital Improvement Program (CIP) Budget includes a $600,000 budget for playground improvements at Pleasant View Park in the Park Development Impact Fee – Residential Fund. •Staff has learned that the Ocean View School District is considering the potential sale of Pleasant View School. As such, staff would like to reassign the Pleasant View Park Playground Improvements budget for playground improvements at Robinwood Park, which is also in need of replacement. There is no change to the overall budget with this request, for a net zero impact. 114 Council Action Requested •Approve FY 2024/25 mid-year inter-fund transfers in the amount of $6,488 •Approve FY 2024/25 mid-year appropriation increases in the amount of $2,697,427 •The General Fund requests total $1,636,685 and are fully offset by anticipated additional revenues, for a net zero impact •Approve the transfer of the Pleasant View Park Playground Improvements Project budget of $600,000 to a new project for Robinwood Park Playground Improvements, for a net zero impact 9115 Questions? 116 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-104 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Eric McCoy, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Approve the Appointment of Mel Williams to the Harbour Commission, as recommended by City Council Liaisons Mayor Pat Burns and Council Woman Gracey Van Der Mark Statement of Issue: City Council is requested to approve the appointment of Mel Williams to fill a vacancy. Financial Impact: Not applicable. Recommended Action: Approve the appointment of Mel Williams to the Harbour Commission through December 31, 2028. Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The Harbour Commission is a seven-member advisory board to the City Council in matters pertaining to Huntington Harbour, its beaches, facilities, and parks. The Commission advises on issues concerning waterway safety, general harbor infrastructure, water quality, usage, and Municipal Code amendments. The Harbour Commission also cooperates with other governmental agencies and civic groups in the advancement of Huntington Harbour, including recreational planning, under direction of the City Council. Mayor Pat Burns & Council Woman Gracey Van Der Mark, reviewed the received applications for the vacant position and recommend that Mel Williams be appointed through December 31, 2028. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 117 File #:25-104 MEETING DATE:2/18/2025 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. Application for Appointment - Mel Williams City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 118 119 Page 1 Acknowledgement o Applicants must be U.S. citizens , and residents and electors of the City of Huntington Beach du ring the appointment process and term, and may not hold more than one membership at a time. o Pursuant to the Municipal Code Chapter 2.100, no members of boards or commissions shall hold any pa id office or employment in the City personnel system. o All Council appointed commission, board , and committee members are required to take two hours of AB1234 public service ethics training and AB1661 harassment prevention training every two years and thereafter. o All Council appointed commission, board, and committee members must comply with the City's Huntington Beach Code of Ethi cs Policy, Social Media Policy for Elected and Appointed Officials (AR 509), Equal Employment Opportunity Policy (AR 921), Anti-Harassment, Discrimination, and Retaliation Policy (AR 922), Violence in the Workplace Policy (AR 923), and A Respectful Workplace Policy (AR 924). o You are applying for a public position. As such , the information provided in your application becomes a public record once the appointment process is completed, and may be subject to public inspection pursuant to the Californ ia Public Records Act. o If appointed, you will be required to take an Oath of Office and are subject to filling a Statement of Economic Interests pursuant to the City's Conflict of Interest Policy (Resolution 2023-01 ). I acknowledge and certify that I meet the requirements listed in the notice above. Prefix * Mr Mr., Ms., etc. Date * 11/6/2024 Last Name * Williams Name of Board, Commission, Committee, or Task Force * Harbour Commission Length of Residency in Huntington Beach * 11 Occupation * Healthcare Executive First Name * Mel United States Citizen?* 'Yes c No Currently Serving on a City Board or Commission?* Horne Address:* Street Address Address Line 2 City Huntington Beach Postal / Zip Code Yes No State CA Middle Initial 120 Phone Numbers Personal Type *(?) Number* cell Personal Email * Phone Numbers Business Type (?) Number 121 Page 2 Educational Backgrou n d * 1992 -Hons. BS in Actu aria l Science -University of Western Ontario 2003 -Fellow of the Society of Actuaries Professional Licen ses and/or Associations * American Society of Ophtha lmic Administrators -Member Society of Actuaries -Member Profession al Experience * CEO -Linda Vision; 2015 -Present Execu tive Director -Eye Zone Medical; 2008 -2014 Consulting Actuary -1992-2007 Special Knowledge or Skills * Executive Leader with extensive experience in healthcare operations, strategic planning, organizationa l budgeting, and staff development. Adept at creating environments that prioritize high-qual ity patient care and enhance operational efficie ncy. Passionate abou t integrating i nnovative solutions, information technology and driv ing cha nge in health care system s. In addition to my healthcare lea dersh ip experience, I possess speci alized expertise in marketing, advertising, graphic design, social media production, and movie produ ction, which I leverage to amplify organizational messages, engage communities, and promote brand identity. With extensive experience in bo th comm ercial and ground-up resid entia l waterfront construction, I have a comprehensive understanding of the unique cha llenges and oppo rtu nities associated with developing properties along coastal and waterfront area s. My expertise spans all phases of construction, from initial design and pl anning throug h to project completion , with a strong focus on mainta ini ng high stand ards for qual ity, safety, and environmental compliance. Civic Interests and/or Service Memberships?* I am deeply committed to improving th e quality of life for my community and its residents through acti ve involvement in public safety, conservation efforts, and social support prog rams. My civic engagements are rooted in the belief th at positive change can be driven th rough both commun ity action and the advancement of knowledge and techn ology. I am an advocate for policies and in itiatives tha t enhance public safety, promote a sense of security, and protect community valu es. I active ly support and contribute to conservation project s aimed at protecting th e ecosystem and natura l resources . A healthy environ ment is essentia l for th e well-being of both w ildlife and local comm unities. I am dedicated to promoting meaningful cha nge w ithin my community through active participation in l oca l initiatives and projects. This includes working to inc rease co mmunity involvement and fostering an environment where individuals f eel empowered to contrib ute and make a difference. I support programs that improve the quality of life for the elderl y, ensuring they can age with dignity, maintain independence, and access the resources th ey n eed for a fu lfilling l ife. In su mmary, I find great fulfillment in helping others and advancing community-focused initiatives such as Neig hborhood Watch and The Coalition for C lean Waters. 122 How will your qualifications be s t serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* I offer a diverse skill set which will be valuable in addressing key issues and contributing to the success of Huntington Harbour and its surrounding areas. Specifically, my experience in community engagement, marketing, media, technology, and construction will provide a unique perspective and a practical approach to solving the challenges faced by the Citizens Adviso,y Group. During a time of increased residential burglaries, I took proactive steps to bring the community together by raising awareness, working closely with local leaders, and helping residents secure their homes. I created newsletters, recruited volunteers to canvas neighborhoods that reached 3,500 homes in Huntington Harbour. This demonstrates my ability to mobilize residents and facilitate communication around important issues , which will be essential in engaging the community in discussions about water safety, quality, and in frastructure. Additionally, my experience with te chnology solutions w ill allow me to identify and advocate for modern tools that could streamline operations, improve communication, and support environmental and infrastructure initiatives in the Harbour. I am passionate about ensuring Huntington Harbour remains a safe, be au tiful, and sustainable environment for the community. My goal is to work on improving water safety, maintaining infrastructure, and enhancing the overall quality of life for residents and visitors. I have a particular interest in ensuring the Harbour remains a safe and attractive place for both recreation and commerce, which is crucial for the community and local economy. I am excited about the opportunity to serve as a voice for th e community and work with the Harbour Commissioners, HBFD Marine Safety Division, and Ci ty Council to ensure that Huntington Harbour continues to thrive as a safe, sustainable, and welcoming place for all. I ce rtify that all statemen ts made on this application are true and correct to the best of my knowledge. I have read and understand the duties and responsibilities of the particular position th at I am applying for and authorize the release of this information. Signature * It is the policy of the City Council to make appointments to the citizen commissions, boards, and committees, based on the needs of the city, as well as the interests and qualifications of each applican t. Selection will be made without discrimination based on the applicant's race, color, ancestry, national origin, religion, creed, age (40 and over), physical and/or mental disability, sex, gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sexual orientation, gender identity, gender expression, medical condition, genetic information, marital status, military or veteran status, any other category/status protected by federal and/or s tate statutes. All applications will remain active for one (1) year from the date received and be kept on file for 2 years for the position(s) applied for. Additional information concerning a particular commission, board, committee, or task force or th e application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-055 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Bob Stachelski, Traffic and Transportation Manager Subject: Approve and adopt Resolution No. 2025-02 establishing angled parking on Walnut Avenue between Main Street and 2nd Street and appropriation of funds Statement of Issue: To support local businesses, enhance accessibility, and create additional revenue opportunities,staff recommends providing additional on-street, metered parking in the downtown. Walnut Avenue, between Main Street and 2nd Street, has been identified as a key area where extra parking spaces can be added by reconfiguring the current layout to accommodate angled parking. In accordance with the City’s Municipal Code, the establishment of approved parking zones must be authorized by the City Council through a resolution. Financial Impact: Implementation of the metered, angled parking is expected to generate approximately $95 ,000 of additional revenue annually. The initial installation of the angled parking and meters is expected to cost approximately $20,000. The cost of the full installation is being funded through the In-Lieu Parking Fee Program (as established by City Council Resolution No. 2010-49) with the appropriation to Business Unit 30880101. Recommended Action: A) Approve and adopt Resolution No. 2025-02, “A Resolution of the City Council of the City of Huntington Beach Approving the Establishment of Angle Parking on Walnut Avenue Between Main Street and 2nd Street;” and, B) Appropriate $20,000 from the downtown In-Lieu Parking account to Business Unit 30880101 for construction and equipment to establish the recommended parking configuration. Alternative Action(s): Do not approve, and direct staff accordingly. City of Huntington Beach Printed on 2/13/2025Page 1 of 3 powered by Legistar™ 123 File #:25-055 MEETING DATE:2/18/2025 Analysis: As part of the City’s annual budget activities, staff from the Community and Library Services Department collaborated with the City Manager’s Office to explore opportunities for increasing parking revenue, particularly in the downtown area. One of the key proposals was to convert parallel parking stalls to angled parking along Walnut Avenue, between Main Street and 2nd Street. This section of street is already approved for metered parking under the Municipal Code. By adding 13 parking spaces to the existing on-street inventory, staff anticipates that the additional spaces will generate an estimated $95,000 in revenue per year. Moreover, the redesigned street layout is expected to reduce vehicle travel speeds, as the narrowing of the travel lanes and the activity associated with entering and exiting angled parking will naturally slow traffic. Huntington Beach Municipal Code Section 10.40.200 permits the installation of angled parking on City streets when authorized by resolution. Approval of the attached resolution will enable the parking reconfiguration to move forward and be enforced. This area is also within the designated Coastal Zone, which introduces additional regulations aimed at protecting parking spaces to ensure continued access to coastal resources. Staff from Community Development has reviewed this proposal with the California Coastal Commission, which confirmed that the parking reconfiguration and meter installation do not require additional permits. Furthermore, the 13 added spaces will be considered "banked" parking, which means they can be counted as parking in excess of current requirements. This provides the City with the flexibility to reverse the changes in the future, without needing to replace the lost spaces or offset potential future parking reductions in the area. To ensure community input, staff reached out to the Downtown Business Improvement District (BID) and neighboring businesses to present the proposed redesign. The feedback received was positive, with no objections from local businesses or the BID. Environmental Status: This action is covered by the General Rule that the California Environmental Quality Act (CEQA) applies only to projects that have the potential for causing a significant effect on the environment (Section 15061.b.3 of the State CEQA Guidelines). It can be seen with certainty that there is no possibility that this activity will have a significant effect on the environment. Therefore, this activity is not subject to CEQA. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. The revised parking and meters will provide additional General Fund revenues at minimal cost for installation and on-going maintenance and operations. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution No. 2025-02, “A Resolution of the City Council of the City of Huntington Beach Approving the Establishment of Angle Parking on Walnut Avenue Between Main Street and City of Huntington Beach Printed on 2/13/2025Page 2 of 3 powered by Legistar™ 124 File #:25-055 MEETING DATE:2/18/2025 Second Street” 2. Diagram of Proposed Angled Parking on Walnut Avenue 3. PowerPoint Presentation City of Huntington Beach Printed on 2/13/2025Page 3 of 3 powered by Legistar™ 125 126 RESOLUTION NO. 2025-02 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ESTABLISHMENT OF ANGLE PARKING ON WALNUT A VENUE BETWEEN MAIN STREET AND 2ND STREET WHEREAS, California Vehicle Code Section 22503 provides that local authorities may by ordinance permit angle parking on any roadway; and The City Council, by ordinances codified in Chapter 10.40 of the Huntington Beach Municipal Code, has authorized angle parking zones on any of the streets or portions of streets as established by resolution of the Council; and The Public Works Department has reviewed and is recommending the establishment of angle parking on Walnut Avenue between Main Street and 2nd Street, at the specific location as more particularly described below; and It is in the best interest of the City to establish such angle parking, NOW, THEREFORE, IT IS HEREBY RESOLVED as follows: I. That pursuant to Chapter 10.40 of the Huntington Beach Municipal Code, angle parking shall be established on Walnut Avenue between Main Street and 2nd Street, at the specific location more particularly described in the Striping and Signage Plan attached hereto as Exhibit "A" and incorporated by this reference as though fully set forth herein. 2. That the foregoing shall constitute traffic regulations pursuant to City Ordinance. 3. That all work is to be accomplished using the standards and methods approved by the Director of Public Works. This shall be in accordance with standard City specifications, and the provisions of this resolution are to be carried out by erecting signs and poles, painting marks and temporary markers, and by such other indicators or devices as may be necessary or 127 RESOLUTION NO. 2025-02 convenient under the provisions of the Vehicle Code of the State of California and regulations adopted pursuant thereto. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ______ , 2025. ATTEST: City Clerk REVIEWED AND APPROVED : Acting City Manager . 2 24-15494/366748 Mayor f~ INITIATED AND APPROVED: £~___, Public Works Director 128 r=================--==--==-----=--==-====-=:=ro•-i ...---i'; ...--- ~ ' I ' ! i e ' ' Q_ f- w w U) CJ > 0 "' "' z Z f-N ~:Jo U) z f- "' ...J f- "' "' U) z >;,; ->"' !e :a O'. f-U) I, I, ' ' ! ' ' i f ' i 129 GENERAL NOTES= A. SIGNING AND STRIPING SHALL CONFORM TO THE CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES (CALIFORNIA MUTCD), 2014 EDITION, CALTRANS STANDARD PLANS AND STANDARD SPECIFICATIONS LATEST EDITION, AND THE CITY OF HUNTINGTON BEACH STANDARD STANDARD PLANS, AND THE SPECIAL PROVISIONS. 8. C. D. E. F. G. H. I. SIGNING SHALL CONFORM TO THE CURRENT CALTRANS SIGN SPECIFICATIONS. SIGN SIZE SHALL BE THE STANDARD SIZE NOTED IN THE SIGN SPECIFICATIONS UNLESS NOTED OTHERWISE ON THE PLAN. SIGNING SHALL BE PROTECTED IN PLACE, UNLESS OTHERWISE NOTED ON PLAN. SANDBLAST CONFLICTING EXISTING STRIPING. REMOVE RAISED-PAVEMENT MARKERS WHERE NECESSARY. INSTALL TWO-WAY BLUE RETROREFLECTIVE RAISED PAVEMENT MARKER AT FIRE HYDRANT LOCATIONS PER FIGURE 38-102 OF THE 2012 CALIFORNIA MUTCD. ALL SIGNS SHALL BE INSTALLED PER CITY STANDARD PLAN 401 AND HAVE 3M 1160 GRAFFITI OVERLAY FILM. SIGN LAYOUTS SHALL BE SUBMITTED TO THE CITY FOR ALL G7, GB AND STREET NAME SIGNS FOR REVIEW AND APPROVAL PRIOR TO FABRICATION AND INSTALLATION. ALL SIGN SADDLES FOR STREET NAME SIGNS SHALL BE A MINIMUM OF 12" IN LENGTH. ALL SIGNS DESIGNATED FOR REMOVAL SHALL BE SALVAGED AND DELIVERED TO THE CITY'S MAINTENANCE YARD. SIGNING AND CONSTRUCTION STRIPING NOTES= G INSTALL 4" WHITE THERMOPLASTIC PARKING STALL STRIPE PAINT RED OR WHITE CURB GRAY REMOVE EXISTING PARKING STALL MARKINGS BY CITY APPROVED METHOD PAINT CURB RED PER CITY SPECIFICATIONS PAINT CURB DISABLED BLUE ZONE INSTALL 4" THERMOPLASTIC PARKING STALL STRIPE PER CITY HB STD PLN 417 RELOCATIE EXISTING SIGN AS SHOWN. REMOVE EX. POST AND ANCHOR. INSTALL SIGN ON NEW POST AND ANCHOR PER CITY HB STD PLN 401. REMOVE EX. TAXI ZONE SIGNS, POST AND ANCHOR LEGEND ROW EX. CURB PARKING STALL STRIPE EX. PARKING METER EX. STREET LIGHT EX.TREE T 0 o----P'. 0 Underground Service Alert Call= TOLL FREE 1-800-422-4133 TWO WORKING DAYS BEFORE YOU DIG REVISIONS REV. DATE BY DESCRIPTION / / / / / / / APPVD / / / EX. 20' BLUE ZON TO 8£ RELOCATED @ / / /'\ 6 REFERENCES / / 2 DRAWN BY: DESIGNED BY: CHECKED BY: ' ' /f >. / / X ' / / '< / /" A / "< / / PREPARED UNDER THE SUPERVISION OF: SUPERVISION_OF APPROVED BY: TRANSPORTATION DATE /-I ':smi I \ Ii I I \I 11 ,1 11 I\ I T 11 I\ I \I -ii \ ,1 ,, ~ CITY OF HUNTINGTON BEACH ~ DEPARTMENT OF PUBLIC WORKS N GRAPHIC SCALE SCALE IN FEET 1 inch = 40 ft. STRIPING & SIGNAGE PLAN WALNUT AVE MAIN ST TO 2ND ST SHEET NO. 1 OF 1 Approve Resolution No. 2025-02 Establishment of Angled Parking on Walnut Avenue – Main St. to 2 nd St. February 18, 2025 130 BACKGROUND • Installation of angled parking on any City street requires an authorizing resolution by the City Council pe Section 10.40 of the Municipal Code • Existing curb areas on Walnut Avenue between Main Street and 2 nd Street provides 20 parking stalls – 17 general metered parking, 1 unmetered disabled parking, 2 unmetered 24 minute parking • Most of the 2 block area is sufficiently wide to accommodate angled parking on one or both sides of the street • Walnut between Main and 3 rd Street is primarily commercial uses • Walnut between 3 rd Street and 2nd Street is multifamily residential on the ocean side of the street and predominantly commercial on the inland side of the street 131 NEED/WHY/BENEFITS • The addition of more parking spaces helps to support businesses in the downtown area • Use of angled parking provides an increase of 14 metered parking spaces (from 17 to 31) • Anticipated revenue from the additional parking is estimated to be $95,000 annually • Nearby businesses have expressed support for the change • Representatives from the adjacent Pier Colony condominium development have expressed no concerns over the proposed parking changes 132 DETAILS • Costs to implement are estimated to be approximately $20,000 including all marking changes and installation of meters • Implementation costs will be funded through existing departmental budgets for Community and Library Services and Public Works • The existing 24 minute green zone and Disabled parking spot will be retained in the current locations 133 RECOMMENDATION •Adopt Resolution No. 2025-02 approving the establishment of angle park ing on Walnut Avenue between Main Street and 2 nd Street 134 Questions? 135 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-112 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Joseph Fuentes, Principal Engineer Subject: Approve and authorize execution of Amendment No. 6 to Professional Services Agreement with Biggs Cardosa Associates, Inc. (BCA) to Extend the Contract Term by Three Years Statement of Issue: The City has an existing professional services contract with Biggs Cardosa Associates, Inc. (BCA) to provide bridge design services for various federally funded bridge rehabilitation projects that will expire on February 21, 2025. Staff is requesting that the existing contract be amended to extend the term of the contract to February 21, 2028 in order to complete the design and provide construction engineering and environmental monitoring services for the Humboldt Drive bridge rehabilitation project. Financial Impact: Funds in the amount of $860,000 are available in the Hwy Bridge Replacement & Rehab business unit 96185001. No additional funding is being requested as part of Amendment No. 6. Recommended Action: Approve and authorize the Mayor and City Clerk to execute “Amendment No. 6 to Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services.” Alternative Action(s): Do not approve the contract amendment and advise staff on how to proceed. Analysis: On February 22, 2011, the City entered into a professional services agreement with Biggs Cardosa Associates, Inc. (“BCA”) to provide bridge design services for five federally funded bridge maintenance and rehabilitation projects throughout the City. Although the first three bridges, Warner Ave. bridge, Magnolia St. bridge, and Brookhurst St. bridge, were all relatively simple preventive City of Huntington Beach Printed on 2/13/2025Page 1 of 3 powered by Legistar™ 136 File #:25-112 MEETING DATE:2/18/2025 maintenance projects, all three were located within or adjacent to environmentally sensitive areas such as the Bolsa Chica Reserve, Magnolia Marsh, and Brookhurst Marsh. Consequently, the additional environmental requirements imposed by the various federal and state regulatory agencies impacted BCA’s contract schedule and budget as evidenced by the previously approved Contract Amendment Nos. 1 and 2, which increased the total contract budget and extended the original contract term, respectively. Construction of the Warner Ave. Bridge Preventive Maintenance project was completed in the Summer of 2015, however the California Coastal Commission required additional work which extended the project by three years. Accordingly, Amendment No. 3 was approved on December 21, 2015 in order to extend the contract term to February 21, 2019 and provide BCA with additional compensation to complete the work required by the Coastal Commission. In July and September of 2018, construction was completed on the Magnolia St. and Brookhurst St. Bridge Preventive Maintenance projects, respectively. To complete the remaining two bridges included in BCA's contract, Amendment No. 4 was approved February 19, 2019 authorizing a three year extension to complete the final design of the Admiralty Dr. and Humboldt Dr. Bridge Rehabilitation projects and additional compensation for construction engineering and environmental monitoring services when federal funding for the construction of these bridge rehabilitation projects became available. On August 15, 2019, the City was informed of the passing of BCA's Engineering Manager who had been managing the design of both the Admiralty Dr. and Humboldt Dr. bridge projects since the City directed BCA to proceed. With limited in-person meetings due to the onset of Covid in 2020, it was a challenge to bring BCA's new project manager up to speed as these Huntington Harbor bridges have unique design and constructability challenges. Amendment No. 5 was approved February 1, 2022, extending the contract term an additional three years and added additional compensation for construction engineering and environmental monitoring services for Admiralty and Humboldt Bridge projects. As BCA’s contract is due to expire on February 21, 2025, staff recommends that Amendment No. 6 be approved to extend the term of the contract to February 21, 2028, to complete the design of the Humboldt Dr. Bridge Rehabilitation and provide construction engineering and environmental monitoring services for Admiralty Dr. and Humboldt Dr. bridges. The Admiralty Dr. Bridge Rehabilitation is currently under construction and slated to finish in 2025. Staff anticipates beginning construction on the Humboldt Dr. Bridge Rehabilitation project in fiscal year 2025/26. 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 City of Huntington Beach Printed on 2/13/2025Page 2 of 3 powered by Legistar™ 137 File #:25-112 MEETING DATE:2/18/2025 For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Amendment No. 6 to “Agreement Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services.” 2. Prior Amendments + Original Agreement 3. PowerPoint Presentation City of Huntington Beach Printed on 2/13/2025Page 3 of 3 powered by Legistar™ 138 139 AMENDMENT NO. 6 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Original Agreement to extend the term thereof, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. TERM. The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2028, unless sooner terminated as provided therein. 2. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 25-15974/369086 1 140 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ________ __, 2025. BIGGS CARDOSA ASSOCIATES, INC., a California corporation pl'intnamc ITS: (circle one) Chaim,a~t/Vice President AND By: i~~,. ;~ Daniel B. Devlin print name ITS: (circle one)$)crerarytShiefFinancial Officer/ Asst. Secretary -Treasurer 25-l 5974/369086 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: City Attorney REVIEWED AND APPROVED: City Manager 2 141 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on , 2025. --------- BIGGS CARDOSA ASSOCIATES, INC., a California corporation By: __________ _ print name ITS: (circle on e) Chainnan/Pres ident/Vice President AND By: __________ _ pr int name ITS: (c ircle on e) Secretary/Chief Financial Officer/ Asst. Secre tary -Tre asur er 25-15974/369086 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk APPROVED AS TO FORM: v l ~~ .. ~ 1--t::JD"V" ~City Attorney REVIEWED AND APPROVED: City Manager 2 142 AMENDMENT NO. 5 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTTNGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant.'' WHEREAS, City and Consultant arc parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof, NOW, THEREFORE, it is agreed by City and Consultant as follows: I. EXTENSION OF TERM. The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2025, unless sooner tem1inated as provided therein. 2. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including administration, utility coordinatio n, and further consultation and design services. 22 • l 0866/274065 143 3. ADDITIONAL COMPENSATION. In consideration of the additional services to be pcrfonned, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Three Hundred One Thousand Eight Hundred Fifty- Seven Dollars ($301.857.00) to be added to the current contract amount of Two Million Eight Hundred Thirteen Thousand Seven Hundred Ninety-Seven Dollars ($2,813,797 .00) for a new total contract amount not to exceed Three Million One Hundred Fifteen Thousand Six Hundred Fifty-Four Dollars ($3,115,654.00). 4 . REAFFIRMATJON. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 22-10866/274065 2 144 c>.ccut ed b) a nd through their auth ori1,ed officer on __ Fe_b_r_u_a_r ...__y_l"----' 2022 . RD 'IATE , a rati o n D I T (c ircle one ·ecretary h,efFinancial Officer A t ec retary -rea urer 22-10 66 274 065 I fY F II TI GTO BE 11 , a municipal corporation of the tale of alifomia ~ . Mayor ~ lcrk~ tzAI~ 145 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA AS SOCIA TES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA AS SOCIA TES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Original Agreement to extend the term thereof and increase the compensation thereof, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM. The term of the Original Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2022, unless sooner terminated as provided therein . 2. ADDITIONAL WORK Consultant shall provide to City such additional services as required by City, including construction, administration, environmental monitoring, and further consultation and design services. 19-7258/194964 1 146 3. ADDITIONAL COMPENSATION. In consideration of the additional services to be performed, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Four Hundred Forty-Six Thousand Three Hundred Seventy-Two Dollars ($446,372.00) to be added to the current contract amount of Two Million Three Hundred Sixty-Seven Thousand Four Hundred Twenty-Five Dollars ($2,367,425.00) for a new total contract amount not to exceed Two Million Eight Hundred Thirteen Thousand Seven Hundred Ninety-Seven Dollars ($2,813,797.00). 4. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 19-7258/194964 2 147 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on {f.]3RU/Jtl V PJ I , 2019. BIGGS CARDOSA ASSOCIATES, INC., a California corpor · n print name ITS: (circle one) Chairma~ice President AND By: ____________ _ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: ~tor of Pub!~--- ~ity Attorney REVIEWED AND APPROVED: City Manager COU TERPART 19-7258/194964 3 148 IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed by and through their authorized officers on F~ l'J , 2019 . BIGGS CARDOSA AS SOCIA TES , INC., a California corporation B y: A ~ c:M~ :::JlM2""'-4-$ CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California < pri nt name ITS: (c ircle one) Chairm an/Presiden§e Pr ~ Mayo~ AND By: ___________ _ print nam e ITS: (c ircle on e) Secretary /ChiefFinancial O fficer/ Asst. Secretary -Treas ur e r 19-7258/1 94964 0 INITIATED AND APPROVED: ?f-di~ Director of Public 7rks APP ~City ERPAR 3 149 AMENDMENT NO. 3 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT 1s made and entered mto by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Origmal Agreement to extend the term thereof and increase the compensation thereof, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM. The term of the Origmal Agreement is hereby extended three additional years. The Original Agreement shall now expire on February 21, 2019, unless sooner terminated as provided therein. 2 ADDITIONAL WORK Consultant shall provide to City such additional services as reqmred by City, includmg construction, administration, environmental monitoring, and further consultation and design services. 15-4979/127915 150 3 ADDITIONAL COMPENSATION In considerat10n of the additional services to be performed, City agrees to pay Consultant, and Consultant agrees to accept from City as full payment for services rendered, a not to exceed amount of Three Hundred Forty-two Thousand Eight Hundred Seventy-five Dollars ($342,875.00) to be added to the current contract amount of Two Million Twenty-four Thousand Five Hundred Fifty Dollars ($2,024,550.00) for a new total contract amount not to exceed Two Million Three Hundred Sixty-seven Thousand Four Hundred Twenty Five Dollars ($2,367,425) 4. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 15-4979/127915 2 151 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ~EC9?'7~?<, 2/, 2015. BIGGS CARDOSA ASSOCIATES, INC , a California corporation ,J 1 }· pnntnam ITS: (circle one) Cha1rma~/V1ce President AND By~O~ t1A(¥. 4 ~o;;//- prmt name ITS (circle one,l§"ecretary)chiefFmanc1al Officer/ Asst Secretary -Treasurer 15-4979/127915 3 CITY OF HUNTINGTON BEACH, a mumc1pal corporation of the State of California 152 AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIG(;S CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, as amended, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to further amend the Original Agreement to extend the term thereof, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. EXTENSION OF TERM. The term of the Original Agreement is hereby extended two additional years. The Original Agreement shall now expire on February 21, 2016, unless sooner terminated as provided therein. REST OF PAGE INTENTIONALLY LEFT BLANK 13-4026/104393 153 2. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on JA?J. ~/ , 2014. BIGGS CARDOSA ASSOCIATES, INC. A California corporation By~~1w prmtname ITS: (circle one) Chairma~ice President AND By:~ Cl~ . /1ftP,Jt:,. A-C~O.t!>Svi print name ITS: (circle one[ Secretaf)jChief Financial Officer/ Asst. Secretary -'I reasurer 13-4026/104393 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California APPROVED AS TO FORM: ('(\J,,\)~ Q-cn_City Attorney 2 154 AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES THIS AMENDMENT is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated February 22, 2011, entitled "Professional Services Contract Between the City of Huntington Beach and Biggs Cardosa Associates, Inc. for Bridge Design Services" which agreement shall hereinafter be referred to as the "Original Agreement"; and City and Consultant wish to amend the Original Agreement to add more tasks and increase the amount of the compensation to be paid to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL TASKS AND COMPENSATION. Consultant agrees to perform the additional tasks described in Exhibit "A" hereto, which is incorporated by this reference as though fully set forth herein. In consideration of the performance of such additional tasks, City agrees to pay Consultant on a time and materials basis ·, at the rates specified in the Original Agreement, an additional sum, including all costs and expenses, not to exceed One Million Four Hundred Ten Thousand Eight Hundred Ninety-three Dollars ($1,410,893.00). This additional sum shall be added to the original contract amount of Six Hundred Thirteen Thousand Six Hundred Fifty-seven Dollars ($613,657.00), for a new total contract amount not to exceed Two Million Twenty-four Thousand Five Hundred Fifty Dollars ($2,024,550.00). 12-3489/84568 155 2. REAFFIRMATION. Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on 0~ Of, 20 ~- BIGGS CARDOSA ASSOCIATES, INC. A California corporation By:$~ print name ITS: (circle one) Chairma~ice President AND By:~Q~ fi-1~ A G44.De .,A: print name ITS: (circle one,l{[ecretaij}ChiefFinancial Officer/ Asst. Secretary -Treasurer 12-3489/84568 CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California City ci;Nw,~ ~ INITIATED AND APPROVED: :r 1141--- CDirector of Public W~ ~TO~~ ~ Attorney O __.,L . T~n_rr,nf/ r -q / 11r/-i£Jl?- REVI AND APPROVED: 2 156 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BIGGS CARDOSA ASSOCIATES, INC. FOR BRIDGE DESIGN SERVICES 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 BIGGS CARDOSA ASSOCIATES, INC., a California corporation, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to provide bridge design services; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by CITY and CONSULT ANT as follows: 1. SCOPE OF SERVICES CONSULT ANT shall provide all services described as individual design projects basically as set forth in Exhibit "A" incorporated herein, on an as-needed basis as directed by CITY. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT will perform all design services as set forth in a written Scope of Services to be provided in advance of each PROJECT. CONSULTANT hereby designates Michael Thomas, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. Page 1 ofl 1 10-2675/54616 157 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULT ANT in the performance of this Agreement. 3 . TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on Fl5l3/?t<,4Ujc)J.J,O_jj_ (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 each Scope of Services are generally to be shown in such Scope of Services. 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 date of final execution, CONSUL TANT 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 CONSUL TANT 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 Thirteen Thousand Six Hundred Fifty Seven Dollars ($613,657.00). 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A," or changes in the services described in Exhibit "A," CONSULTANT will undertake such work Page 2 of 11 10-2675/54616 158 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 CONSULT ANT shall be paid pursuant to the terms set forth in Exhibit "B." 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 CONSULT ANT shall tum 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 To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), CONSULT ANT 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, 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 CONSULTANT's subcontractors, if any) negligence, recklessness or willful misconduct related to 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. CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULT ANT will conduct all defense at its sole cost and expense, and CITY shall approve selection of CONSULT ANT's counsel. This indemnity Page 3 of 11 10-2675/54616 159 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 CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall furnish a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSUL TANT' s professional liability in an amount not less than One Million Dollars ($1,000,000) 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 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 services (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, 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. 10. 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 Page 4 of 11 10-2675/54616 160 evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. promise 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 (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULT ANT 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 the provisions for indemnification of CITY by CONSULT ANT under the 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. 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 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. Page 5 of 11 I 0-267 5/54616 161 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSUL TANT as provided herein. In the 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 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 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. Page 6 of 11 I0-2675/54616 162 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; provided that CITY and CONSULT ANT, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: TOCITY: City of Huntington Beach ATTN: Director of Public Works 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: Biggs Cardosa Associates, Inc. Attn: Michael Thomas 600 South Main Street, Suite 900 Orange, CA 92868 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 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 Page 7 of 11 I0-2675/54616 163 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 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. Page 8 of 11 10-2675/54616 164 22. IMMIGRATION CONSULTANT 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 CONSULT ANT 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 CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party 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 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. Page 9 of 11 10-2675/54616 165 27. FEDERAL FUNDING CONTRACT REQUIREMENTS This Agreement shall be governed and construed in accordance with the provisions of the Federal Funding Contract Articles set forth in Exhibit "A.1," as well as the provisions of 44 Code of Federal Regulations, Part 13.36 as set forth in Exhibit "A.l(a)" to this Agreement as well as the 28. 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 eveµt that such authority or power is not, in fact, held by the signatory or is withdrawn. 29. 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 party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Page 10 of 11 10-267 5/54616 166 Agreement, and supersedes all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ,h5{3~ ~ , 20 JL. BIGGS CARDOSA ASSOCIATES, INC., a pnntname ITS: (circle one) Chairm~ice President AND By: ~ a ~ ~J::. ,4 U>tW.d $ft print name ITS: {circle one] Secretary)ChiefFinancial Officer/Asst. Secretary -Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California -------.. Director of Public APPROVED AS TO APPROVED AS TO FORM: ~ v( N ,1 ~ f '-_;..,vv .. z/-'6/2,.01/ ~ City Attorney 7 7 '{ p ",t~ \ t\ 1._,/'1-/ II Page 11 of 11 10-2675/54616 167 EXHIBIT ''A" A. STATEMENT OF WORK: CONSULT ANT shall provide bridge design services as directed by CITY through the. issuance of task orders for each project based upon the scope of services, work schedule, and cost proposal submitted to CITY for its review and approval. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: CONSULTANT's duties and responsibilities shall be as specified in the Agreement and collectively those specified in the Exhibits "A", A.l, A.l(a), A.2, A.3, "B", and B.1 which are attached hereto and incorporated into the Agreement. Upon award and during the contract period, if CONSULT ANT chooses to assign different personnel to the project, CONSUL TANT must submit the names and qualifications of those staff to CITY for approval before commencing work. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. Furnish record information and boilerplate documents that are available at the CITY. 2. Provide general direction to CONSULT ANT as needed; review and provide comments on CONSULTANT submittals; and pay CONSULTANT for satisfactory services rendered in accordance with the Agreement. 3. Obtain Authorization to Proceed (E-76) from Caltrans for PE and CON phases (with assistance from CONSULT ANT as needed). D. WORK PROGRAM/PROJECT SCHEDULE: A project schedule will be developed by CONSULT ANT and approved by CITY for each project assigned by CITY through the issuance of task orders. 168 Exhibit A.1 -Federal Funding Contract Articles 169 FEDERAL FUNDING CONTRACT ARTICLES ARTICLE 1 INTRODUCTION A. The Contract Manager for the City of Huntington Beach shall be the City Engineer or his designated representative. ARTICLE 2 PERFORMANCE PERIOD (DELETE) ARTICLE 3 ALLOWABLE COSTS AND PAYMENT A. Specific projects will be assigned to the CONSUL TANT through issuance of Task Orders. B. The CONSUL TANT will be reimbursed for hours worked at the hourly rates specified in the CONSUL TANT's Cost Proposal (Exhibit B.1 ). The specified hourly rates shall include direct salary costs, employee benefits, overhead, and fee. C. In addition, the CONSUL TANT will be reimbursed for incurred direct costs other than salary costs, and other costs that are identified in the executed Task Order. D. Reimbursement for transportation and subsistence costs shall not exceed the rates as specified in the approved Cost Proposal. E. Progress payments for each Task Order will be made monthly in arrears based on services provided and actual costs incurred. F. The CONSUL TANT shall not commence performance of work or services until this Agreement has been approved by the CITY, and notification to proceed has been issued by the CITY's Contract Manager. No payment will be made prior to approval or for any work performed prior to approval of this contract. G. The total amount payable by the CITY for an individual Task Order shall not exceed the amount agreed to in the Task Order, unless authorized by contract amendment. H. The total amount payable by the CITY for all Task Orders resulting from this Agreement shall not exceed $613,657. It is understood and agreed that there is no guarantee, either expressed or implied that this dollar amount will be authorized under this Agreement through Task Orders. I. All subcontracts in excess of $25,000 shall contain the above provisions. ARTICLE 4 FUNDING REQUIREMENTS A. It is mutually understood between the parties that this Agreement may have been written before ascertaining the availability of funds or appropriation of funds, for the mutual benefit of both parties, in order to avoid program and fiscal delays that would occur if the Agreement were executed after that determination was made. B. This Agreement is valid and enforceable only if sufficient funds are made available to the CITY for the purpose of this Agreement. In addition, this Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the Congress, State Legislature, or City Council that may affect the provisions, terms, or funding of this contract in any manner. C. It is mutually agreed that if sufficient funds are not appropriated, this contract may be amended to reflect any reduction in funds. D. The CITY has the option to terminate the Agreement upon thirty (30) days written notice to the CONSUL TANT, or by mutual agreement to amend the contract to reflect any reduction of funds. 170 ARTICLE 5 COST PRINCIPLES A. The CONSUL TANT agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the individual allowability of cost items. 8. The CONSUL TANT also agrees to comply with federal procedures in accordance with 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. C. Any costs for which payment has been made to CONSUL TANT that are determ.ined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., are subject to repayment by CONSULTANT to the CITY. ARTICLE 6 CONTINGENT FEE The CONSUL TANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees, or bona fide established commercial or selling agencies maintained by the CONSUL TANT for the purpose of securing business. For breach or violation of this warranty, the CITY has the right to annul this Agreement without liability; pay only for the value of the work actually performed, or in its discretion to deduct from the Agreement price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent fee. ARTICLE 7 RETENTION OF RECORDS / AUDITS For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, the CONSUL TANT, subcontractors, and the CITY shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, the State Auditor, CITY, FHWA, or any duly authorized representative of the federal government shall have access to any books, records, and documents of the CONSUL TANT that are pertinent to the Agreement for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision. ARTICLE 8 DISPUTES A. Any dispute, other than audit, concerning a question of fact arising under this Agreement that is not disposed of by agreement shall be decided by a committee consisting of the CITY's Contract Manager and the City Engineer or his designated representative, who may consider written or verbal information submitted by the CONSUL TANT. 8. Not later than 30 days after completion of all deliverables necessary to complete the plans, specifications and estimate, the CONSUL TANT may request review by the CITY 171 Council of unresolved claims or disputes, other than audit. The request for review will be submitted in writing. C. Neither the pendency of a dispute, nor its consideration by the committee will excuse the CONSUL TANT from full and timely performance in accordance with the terms of this Agreement. ARTICLE 9 AUDIT REVIEW PROCEDURES A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by the CITY's Chief Financial Officer. B. Not later than 30 days after issuance of the final audit report, the CONSUL TANT may request a review by the CITY's Chief Financial Officer of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by the CITY will excuse the CONSUL TANT from full and timely performance, in accordance with the terms of this Agreement. ARTICLE 10 SUBCONTRACTING A. The CONSULTANT shall perform the work contemplated with resources available within its own organization, and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by the CITY's Contract Manager; except that which is expressly identified in the approved Cost Proposal. B. Any subcontract in excess of $25,000 entered into as a result of this Agreement shall contain all the provisions stipulated in this Agreement to be applicable to subcontractors. C. Any substitution of subconcontractors must be approved in writing by the CITY's Contract Manager. ARTICLE 11 EQUIPMENT PURCHASE A. Prior authorization in writing, by the CITY's Contract Manager shall be required before the CONSUL TANT enters into any unbudgeted purchase order, or subcontract exceeding $5,000 for supplies, equipment, or CONSULTANT services. The CONSUL TANT shall provide an evaluation of the necessity or desirability of incurring such costs. B. For purchase of any item, service or consulting work not covered in the CONSULTANT's Cost Proposal and exceeding $5,000 prior authorization by the CITY's Contract Manager; three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. C. Any equipment purchased as a result of this AGREEMENT is subject to the following: "The CONSUL TANT shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of $5,000 or more. If the purchased equipment needs replacement and is sold or traded in, the CITY shall receive a proper refund or credit at the conclusion of the AGREEMENT, or if the AGREEMENT is terminated, the CONSULTANT may either keep the equipment and credit the CITY in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established CITY procedures; and credit the CITY in an amount equal to the sales price. If the CONSUL TANT elects to keep the equipment, fair market value shall be determined at the CONSUL TANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an 172 appraiser mutually agreeable to by the CITY and the CONSUL TANT, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by the CITY." D. All subcontracts in excess $25,000 shall contain the above provisions. ARTICLE 12 INSPECTION OF WORK The CONSULTANT and any subcontractor shall permit the CITY, the state, and the FHWA if federal participating funds are used in this contract to review and inspect the project activities and files at all reasonable times during the performance period of this Agreement including review and inspection on a daily basis. ARTICLE 13 SAFETY A. The CONSULTANT shall comply with OSHA regulations applicable to CONSULTANT regarding necessary safety equipment or procedures. The CONSUL TANT shall comply with safety instructions issued by the CITY's Authorized Agent or representative. CONSUL TANT personnel shall wear hard hats and safety vests at all times while working on the construction project site. B. Pursuant to the authority contained in Section 591 of the Vehicle Code, the CITY has determined that such areas are within the limits of the project and are open to public traffic. The CONSUL TANT shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. The CONSUL TANT shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. C. Any subcontract entered into as a result of this contract, shall contain all of the provisions of this Article. ARTICLE 14 OWNERSHIP OF DATA A. Upon completion of all work under this Agreement, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this Agreement will automatically be vested in the CITY; and no further agreement will be necessary to transfer ownership to the CITY. The CONSUL TANT shall furnish the CITY all necessary copies of data needed to complete the review and approval process. B. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine-readable form, are intended for one-time use in the construction of the project for which this Agreement has been entered into. C. The CONSUL TANT is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the CITY of the machine-readable information and data provided by the CONSUL TANT under this Agreement; further, the CONSUL TANT is not liable for claims, liabilities, or losses arising out of, or connected with any use by the CITY of the project documentation on other projects for additions to this project, or for the completion of this project by others, except only such use as many be authorized in writing by the CONSULTANT. D. Applicable patent rights provisions described in 41 CFR 1-91, regarding rights to inventions shall be included in the Agreement as appropriate. E. The CITY may permit copyrighting reports or other Agreement products. If copyrights are permitted, the Agreement shall provide that the FHWA shall havethe royalty-free nonexclusive and irrevocable right to reproduce, publish, or otherwise use; and to authorize others to use, the work for government purposes. 173 F. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 15 CLAIMS FILED BY CITY'S CONSTRUCTION CONTRACTOR A. If claims are filed by the CITY's construction contractor relating to work performed by CONSUL TANT's personnel, and additional information or assistance from the CONSULTANT's personnel is required in order to evaluate or defend against such claims, CONSUL TANT agrees to make its personnel available for consultation with the CITY's construction contract administration and legal staff and for testimony, if necessary, at depositions and at trial or arbitration proceedings. B. CONSUL TANT's personnel that the CITY considers essential to assist in defending against construction contractor claims will be made available on reasonable notice from the CITY. Consultation or testimony will be reimbursed at the same rates, including travel costs that are being paid for the CONSUL TANT's personnel services under this . Agreement. C. Services of the CONSUL TANT's personnel in connection with the CITY's construction contractor claims will be performed pursuant to a written contract amendment, if necessary, extending the termination date of this Agreement in order to finally resolve the claims. D. Any subcontract in excess of $25,000 entered into as a result of this Agreement, shall contain all of the provisions of this Article. ARTICLE 16 CONFIDENTIALITY OF DATA A. All financial, statistical, personal, technical, or other data and information relative to the CITY's operations, which are designated confidential by the CITY and made available to the CONSUL TANT in order to carry out this Agreement, shall be protected by the CONSUL TANT from unauthorized use and disclosure. B. Permission to disclose information on one occasion, or public hearing held by the CITY relating to the Agreement, shall not authorize the CONSULTANT to further disclose such information, or disseminate the same on any other occasion. C. The CONSUL TANT shall not comment publicly to the press or any other media regarding the Agreement or the CITY's actions on the same, except to the CITY's staff, CONSULTANT's own personnel involved in the performance of this Agreement, at public hearings or in response to questions from a Legislative committee. D. The CONSULTANT shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this Agreement without prior review of the contents thereof by the CITY, and receipt of the CITY's written permission. E. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Article. F. All information related to the construction estimate is confidential, and shall not be disclosed by the CONSUL TANT to any entity other than the CITY. ARTICLE 17 NATIONAL LABOR RELATIONS BOARD CERTIFICATION (DELETE) ARTICLE 18 EVALUATION OF CONSULTANT The CONSULTANT's performance will be evaluated by the CITY. A copy of the evaluation will be sent to the CONSULTANT for comments. The evaluation together with the comments shall be retained as part of the contract record. 174 ARTICLE 19 STATEMENT OF COMPLIANCE The CONSUL TANT's signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that the CONSUL TANT has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. ARTICLE 20 DEBARMENT AND SUSPENSION CERTIFICATION A. The CONSUL TANT's signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that the CONSULTANT has complied with Title 49, Code of Federal Regulations, Part 29, Debarment and Suspension Certificate, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to the CITY. B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining CONSUL TANT's responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. ARTICLE 21 STATE PREVAILING WAGE RATES A. The CONSULTANT shall comply with the State of California's General Prevailing Wage Rate requirements in accordance with California Labor Code, Section 177, and all federal, state, and local laws and ordinances applicable to the work. B. Any subcontract entered into as a result of this Agreement if for more than $25,000 for public works construction or more than $15,000 for the alteration, demolition, repair, or maintenance of public works, shall contain all of the provisions of this Article. ARTICLE 22 REBATES, KICKBACKS OR OTHER UNLAWFUL CONSIDERATION The CONSUL TANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any CITY employee. For breach or violation of this warranty, CITY shall have the right in its discretion to terminate the Agreement without liability; to pay only .for the value of the work actually performed; or to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. ARTICLE 23 PROHIBITION OF EXPENDING CITY, STATE OR FEDERAL FUNDS FOR LOBBYING A. The CONSULTANT certifies to the best of his or her knowledge and belief that: 1. No state, federal or local agency appropriated funds have been paid, or will be paid by- or-on behalf of the CONSULTANT to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State 175 Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or 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 CONSULTANT shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 8. 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, US. 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. C. The CONSUL TANT also agrees by signing this document 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. 176 Exhibit Aml(a) -44 CFR, Part 13.36 177 44 Code of Federal Regulations Part 13.36 (i) Contract provisions. A grantee's and subgrantee's contracts must contain provisions in paragraph (i) of this section. Federal agencies are permitted to require changes, remedies, changed conditions, access and records retention, suspension of work, and other clauses approved by the Office of Federal Procurement Policy. (1) Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold). (2) Termination for cause and for convenience by the grantee or subgrantee including the manner by which it will be effected and the basis for settlement. (All contracts in excess of $10,000). (3) Compliance with Executive Order 11246 of September 24, 1965. entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13. 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). (All construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees). (4) Compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR part 3). (AU contracts and subg.rants for construction or repair). (5) Compliance with the Davis-Bacon Act (40 U.S .C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts in excess of $2000 awarded by grantees and subgrantees when required by Federal grant program legislation}. (6) Compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR part 5). (Construction contracts awarded by grantees and subgrantees in excess of $2000, and in excess of $2500 for other contracts which involve the employment of mechanics or laborers). (7) Notice of awarding agency requirements and regulations pertaining to reporting. (8) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (9) A warding agency requirements and regulations pertaining to copyrights and rights in data. (1 0) Access by the grantee, the subgrantee, the Federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books. 09-2221/43280 178 docwnents, papers, and records of the contractor which are directly pertinent to that specific contract for the pw:pose of making audit, examination, exceipts~ and transcriptions. (11) Retention of all required records for tbree years after grantees or subgrantees make final payments and all other pending matters are closed. (12) Compliance with all applicable standards, orders, or requirements issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15). (Contracts, subcontracts, and subgrants of amounts in excess of$100,000). (13) Mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and ConservationAct(Pub, L. 94-163, 89 Stat. 871). 09-2221/43280 179 Exhibit A .. 2 -Scope of Services Requested 180 REQUEST FOR PROPOSAL 1. BACKGROUND AND OBJECTIVES The City of Huntington Beach Public Works Department (City) has issued this Request for Proposal (RFP) to solicit a written response from a qualified firm (Consultant) with the ability to obtain the required environmental approvals, and prepare the final construction documents (plans, special provisions, & estimates) for the following bridge repair/rehabilitation projects: I. Brookhurst Street Bridge over Talbert Channel (Bridge No. 55C0096) II. Magnolia Street Bridge over Huntington Beach Channel (Bridge No. 55C0388) III. Warner Avenue Bridge over Bolsa Chica Channel (Bridge No. 55C0417) IV. Admiralty Drive Bridge over Queen Elizabeth Passage (Bridge No. 55C0282) V. Davenport Drive Bridge over Weatherly Channel (Bridge No. 55C0259) VI. Gilbert Drive Bridge over Shelter Channel (Bridge No. 55C0258) VII. Humboldt Drive Bridge over Short Channel (Bridge No. 55C0284) VIII. Trinidad Lane Bridge over Weatherly Channel (Bridge No. 55C0260) The City applied for Federal Bridge Preventive Maintenance Program (BPMP) grant funding in December 2007 for the proposed I.) Brookhurst Street Bridge, II.) Magnolia Street Bridge, and III.) Warner Avenue Bridge preventive maintenance projects. In December 2009, the City received notification that these bridges had been accepted into the Highway Bridge Program (HBP) and that Federal HBP funds had been slated for the preliminary engineering (PE) and construction (CON) phases of these projects. Additionally in December 2009, the City applied for Federal HBP grant funding for the proposed IV.) Admiralty Drive Bridge, V.) Davenport Drive Bridge, VI.) Gilbert Drive Bridge, and VII.) Humboldt Drive Bridge repair/rehabilitation projects. The City anticipates that Federal HBP grant funding will also be made available for these four bridges. Though no application was submitted, the City was notified that the VIII.) Trinidad Lane Bridge is also on Caltrans' eligible bridge list and has a potential to receive Federal funding. Adobe .pdf files of the available HBP applications for the proposed bridge projects have been attached for reference purposes. The City intends to issue separate NTPs to the Consultant based upon available project funding. The City's objectives in the issuance of this RFP are as follows: ❖ Adhere to the Consultant selection process specified in the Caltrans LAPM. ❖ Execute a 3-year term contract with Consultant to provide services specified in this RFP. ❖ Prepare the necessary documents, studies, analysis, etc. and obtain all required environmental approvals to construct the proposed bridge repair/rehabiliation projects. ❖ Obtain all required Federal, State, local, and regulatory permits and approvals to construct the proposed bridge repair/rehabilitation projects. ❖ Prepare the final construction documents (i.e., plans, special provisions, and estimates) to construct the proposed bridge repair/rehabilitation projects. ❖ Advertise the construction contract to repair/rehabilitate the Ill.) Warner A venue Bridge over Balsa Chica Channel by August 2011. 181 2. SCHEDULE OF EVENTS This RFP will be governed by the following schedule: ❖ Release ofRFP ❖ Deadline for Written Questions ❖ Responses to Questions Posted on Web ❖ Proposals are Due ❖ Proposal Evaluation Completed ❖ Approval of Contract 3. SCOPE OF WORK May 21, 2010 June 4, 2010 June 9, 2010 June 21, 2010 July 19, 2010 TBD The following is a general description of the anticipated project tasks. These tasks are somewhat flexible and the Consultant is encouraged to provide recommendations with respect to scope and order of completion. A detailed work plan, including a breakdown of specific tasks and phasing is required as part of the Consultant's proposal. The scope of work for each of the proposed bridge projects may include, but is not limited to the following tasks: Preliminary Engineering ❖ Research all applicable State, County, and local records; review record drawings, right-of- way information, previous applications, etc. ❖ Perform topographic survey correlated with the California Coordinate System (Zone 6) and applicable Orange County Surveyor's vertical datums. · ❖ Responsible for public and private utility facility mapping, including the identification of utilities that must be relocated, rehabilitated, or replaced within each project area. ❖ Review City's Master Bridge Preventive Maintenance Plan and submitted HBP applications; perform field reconnaisance to define scope of work. ❖ Prepare preliminary plans and cost estimates. ❖ Analyze project schedule and recommend construction phasing to mitigate traffic impacts. ❖ Responsible for overall project management; attendance of project meetings and providing the City monthly status reports to support Consultant invoicing. Environmental Services ❖ Review design documents and all background materials, including existing environmental documents and studies within or near each project area, and prepare a written assessment on each of them. ❖ Complete a Notice of Preparation (NOP). ❖ Prepare the appropriate Environmental Document including, if necessary, a complete Environmental Impact Report (EIR). The Report shall comply with all CEQA and NEPA requirements including, but not limited to: issuance of a draft Environmental Document; Response to Comments; preparation of a Mitigation Monitoring Plan; Written Findings and Statement of Overriding Considerations (if necessary); issuance of the Final Environmental Document; and processing through to the Environmental Clearance from Caltrans. 2 182 ❖ Responsible for project management and coordination with and between Federal, State, and local public agencies and private entities. This includes management necessary for EIR preparation (if required), environmental submittals and processing through Caltrans and attendance at all project meetings, including public participation meetings. Permits ❖ Obtain permits/approvals from all applicable Federal, State, and local agencies including, but not limited to: Caltrans, the County of Orange, the City of Huntington Beach, etc. Construction Documents ❖ Prepare engineering calculations and designs, plans, specifications, cost estimates, and contract bidding documents. The City will provide the General Provisions and bid forms in a Microsoft Word and/or Excel Version 2003 format. The Consultant shall modify the documents by adding the necessary special provisions and project bid schedule. The City shall review the construction documents at the preliminary engineering, sixty (60%), ninety percent (90%), and final document stages or as deemed necessary by the City. All project calculations, supporting/reference information, correspondence, photos, Microsoft Office files, etc. shall be provided to the City with the final submittal or upon request. ❖ Drawings shall be prepared in a standard engineering scale using AutoCAD version 2000, 2004, or 2007. All drawings shall have their bearings based upon and translated to be consistent with the California Coordinate System (Zone 6). Final Drawings shall be wet signed and stamped on 24-inch by 36-inch mylar media. All project AutoCAD files (i.e. drawing files, x-refs, blocks, fonts, etc.) shall be provided to the City on CD or DVD format. Bidding Stage ❖ Assist the City in answering bidders' questions, attend pre-bid conferences and job walks, perform constructability review of other firms or own plans and specifications, prepare addenda, analyze bids, and recommend award. Construction Stage (Associated costs shall be itemized separately as an optional component) ❖ Attend pre-construction conference. ❖ Monitor construction schedule, visit construction site as required for progress and quality of work evaluation. ❖ Assist the engineer, contractor, and construction manager/contract administrator with interpretation of the 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. ❖ Upon completion of construction, the Consultant shall prepare "as-built" drawings to the satisfaction of the City. 4. CITY'S RESPONSIBLITIES ❖ Furnish record information and boilerplate documents that are available at the City. ❖ Provide general direction as needed; review and provide comments on submittals. ❖ Obtain Authorization to Proceed (E-76) from Caltrans for PE and CON phases (with assistance from Consultant as needed). 3 183 Exhibit A.3 -BCA Technical Proposal 184 C. BACKGROUND AND PROJECT SUMMARY ( · Key Project Issues C-)- The Brookhurst Street Bridge over Talbert Channel (Bridge No. 55C0096} is a 5-span precasVpresstressed voided slab bridge, with 6 traffic lanes, built in 1958 and widened in 1989. Magnolia Street Bridge over Huntington Beach Channel (Bridge No. 55C0388) is a 3-span cast-in-place concrete slab bridge, with 4 traffic lanes and built in 1973. All three bridges above exhibit cracking and spalling in the concrete barriers with exposed corroded reinforcing. Embankment erosion was found at many of the abutments and exposed abutment piles. We understand the City would like to repair/rehabilitate the existing 3 bridges, to safe and reliable crossings. Per our brief field visit, the Caltrans Bridge Inspection Reports, the condition of the bridge, Warner Avenue Bridge over Bolsa Chica Channel (Bridge No. 55C0417) is a 3-span precast/presstressed voided slab bridge, wtth 4 traffic lanes and built in 1981. and year in which the bridge was constructed, repair/rehabilitation projects seem the most practical. Some of the challenges of the three bridge projects above include: o The bridges are located within 1000 feet of the ocean and tidal flow in the channel is to be expected. All exposed surfaces show signs of concrete cracking, concrete spalling and corrosion. Corrosion resistant materials such as stainless steel fence posts and epoxy coated reinforcing steel should be considered for replacement materials. Applying a corrosion inhibitor and sealer to new concrete and existing concrete surfaces should also be considered. • The existing bridge decks have an AC overlay and the deck condition is unknown. Not much information about the bridge deck underside condition is given in the Caltrans Bridge Inspection Reports and Bridge Preventative Maintenance Report. During design we would suggest a complete investigation of the bridge deck, deck underside and bridge supports be done and any concrete cracks/spalls should be repaired as part of the project. Finally, some consideration should be given to replacing the deck AC overlay with a polyester concrete overlay to protect the bridge from ocean spray and add durability. e The bridge sites are located in or adjacent to wetlands and restoration areas. It is critical the repair/rehabilitation project construction is conducted in a matter that has the least impact on the wateiway and the surrounding areas. We will develop bridge and construction staging plans that reduce or avoid environmental and permitting impacts. The Admiralty Drive Bridge over Queens Elizabeth Passage (Bridge No. 55C0282) is a 3-span steel girder bridge, with 2 traffic lanes and built in 1963. 3 185 ,· i· \ The Davenport Drive Bridge over Weatherly Channel {Bridge No. 55C0259) is a 3-span steel girder brtdge, with 2 traffic lanes and built in 1965. The Gilbert Drive Bridge over Shelter Channer (Bridge No. 55C0258) is a 3-span steel girder bridge, with 2 traffic lanes and built in 1963. -" ---· • · -The Humboldt Bridge over Short -:;,,~ 4 _-· -!,i · Channel (Bridge No. 55C0284) is a 3- All four bridges above exhibit cracking and spalling in the concrete decks and barriers with exposed corroded reinforcing. Steel girders and bearing devices have extensive corrosion to the point of possible loss of steel material. We understand the City would like to repair/rehabilitate the existing 4 bridges, to safe and reliable crossings. Per our brief field visit, the Caltrans Bridge span steel girder bridge, with 2 traffic lanes and built in 1963. Inspection Reports, the condition of the bridges, and year in which the bridges were constructed, it is unclear if repair/rehabilitation or bridge replacement project is the most practical. Per the Request for Qualffications, this proposal assumes the above bridges will be rehabilitated. Some of the challenges of the four bridge projects above include: o The bridge Application for HBP Funds is looking to clean and paint all steel surfaces. On past projects, a method of underside hanging work area and tenting were used to clean and paint steel surfaces. Boat traffic and high tide waterway flow should be considered when the construction staging and clean/paint plan is being prepared. See the adjacent photo of a clean and paint steel surfaces project. GI The bridges above provide the only means of access for residents on Admiralty, Humboldt and Davenport Islands. A detour bridge during construction will require a very large construction area and will likely be very costly. We will develop a repair/rehabilitation solution that keeps the bridge /4]>1~ · ·\-----, . , .J. 1 · ; .!!..Ill'' · open to traffic without the use of a detour bridge. Reducing · ·,..--.,. .. •' the traffic to one lane, both directions and providing a ..... . ' signalized traffic control system during construction is one ... solution. See the adjacent photo of a single lane traffic . , . control during a clean and paint steel surfaces project. • As described in the Caltrans Maintenance Reports, the Sufficiency Ratings are between 47.0 and 49.8 with exception of Admiralty Drive Bridge with a Sufficiency Rating of 65.0. Most of the bridges are Structurally Deficient or Functionally Obsolete. Per the HBP guidelines, bridges with Sufficiency Ratings less than 50 are candidates for bridge replacement. During the preliminary design/ type selection phase, we would recommend a life-cycle cost analysis be preformed to evaluate a bridge repair/rehabilitation 4 186 versus a bridge replacement. Assuming a 75-year design life, a bridge replacement may be the most cost effective solution for some of the above bridge projects. • The above bridges are located over protected waterways and adjacent to residential properties. It is critical that the repair/rehabilitation project construction is conducted in a manner that has the least impact on the waterway and the residential properties. We will develop bridge and construction staging plans that reduce or minimize environmental and permitting impacts. Utility Issues All utiltties affected by the construction will have to be identified and addressed in the design. Based on our preliminary review, utilities include gas, sewer, and water lines that are hung from the existing bridges. Telephone and electric lines are encased in the bridge concrete sidewalks. The design team will work hand-in- hand with the civil consultant to minimize utility impacts and to make sure the civil consultant is well informed of the staging, construction techniques and proposed construction materials and equipment, etc., which will be needed for the project construction. Environmental Issues/ Permitting Issues The inmal step in the environmental review process for transportation projects off the State Highway System is completion of a Caltrans Preliminary Environmental Study (PES). The responses to the PES questions in the checklist provides the information required to determine the studies to be performed and the recommended level of CEQNNEPA documentation (CE/CE, ENNO, or EIR/EIS). The work described in the attachments to the RFP would take place within existing rights-of-way and no new structures would be constructed. The proposed activities appear to be Preventative Maintenance (PM) which is defined as ·a strategy of cost effective treatments applied to an existing roadway system and Its appurtenances that preserves the system, retards future deterioration, and maintains or improves the functional condition of the system (without substantially increasing structural capacity).n For these reasons, it Is likely that the appropriate documentation will be a Categorical Exclusion/Categorical Exemption. Rehabilitation and repair projects such as this are specifically called out in 23 CFR 771.117(d) as actions that would fall under a Categorical Exclusion (CE) under NEPA. NEPA Categorical Exclusions (CEs) are actions which meet the definition contained in 40 CFR 1508.4, and, based on past experiences; do not involve significant environmental impacts. They are actions which: do not induce significant impacts to planned growth or land use for the area; do not require the relocation of significant numbers of people; do not have a significant impact on any natural, cultural, recreational, historic or other resource; do not involve significant air, noise, or water quality impacts; do not have significant impacts on travel patterns; or do not otherwise, either individually or cumulatively, have any significant environmental effect. CEQA Categorical Exemptions apply to projects which have been determined not to have a signtticant effect on the environment and which, therefore, are exempt from the provisions of CEOA under Section 21084 of the California Public Resources Code. Class 1 Exemptions consist of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. The key consideration is whether the project involves negligible or no expansion of an existing use. CEQA Guidelines Section 15301 (d) specifically identifies projects that restore or rehabilitates deteriorated or damaged structures, facilities, or mechanical equipment to meet current standards of public health and safety as being one of the types of projects that qualify for a Class 1 CE. 5 187 (_ D. WORK METHODOLOGY Project Management The centerpiece of any well-executed project is effective Project Management to understand the needs of the Client, direct the flow of information, define and track tasks, assign the appropriate people to complete the work, and ensure a technically sound, constructible and cost-effective set of construction documents. Project Kick-Off Meeting: We believe that being proactive and inclusive with all of a project's stakeholders is the key to fostering cooperation and ensuring that various parties are not working at cross-purpose to each other. An important component of our Kick-Off Meeting, is what we call a Relationship Workshop. Every client is different and has different expectations as far as project goals, communication style, etc. For example, what are the most important results you are expecting from this project (minimize traffic disruption? minimize cost? shorten schedule?} In what format would you like to receive updated budgets and schedules? Do you prefer email or telephone communication? Do you like to be copied on all project communication, or just be informed of results? We like to understand our client's preferences and tailor our management plan to meet those expectations. Progress Meetings: We will schedule progress meetings at the City offices to discuss the status of the project, upcomlng efforts, issues and other relevant information. An agenda and invitation will be sent out one week prior to the meeting, including minutes from the previous meeting. At the meeting, two tools that we like to use would be distributed. The first is an Outstanding Issues list. Items on the list are discussed at the meeting, new issues are added and assigned, and tasks completed are noted as "closed". The second tool is a 3-month Look-Ahead Schedule, highlighting upcoming tasks and deliverables. Monthly Billing and Progress Report: On a monthly basis, we will issue invoices to the City detailing the personnel that has worked on the project, hours worked, subconsultants' work and reimbursable expenses. Accompanying the bill will be a progress report outlining the major items worked on during the billing period. Quality Assurance and Quality Control The QA/QC program at BCA employs a company-wide approach that establishes and oversees policies, procedures, standards and guidelines aimed at producing a superior level of quallty on every project The result is that, in over 6,000 projects designed by our firm since our Inception, we have not had a single lawsuit! Quality Control is maintained by a parallel two-phase process on each individual project. The first phase consists of a systematic review process during design, where project managers set up a detailed work plan and schedule of the work to be performed and continuously monitor progress of the project. They directly supervise project engineers, who in turn supervise and review the design and drafting staff. Essentlal elements of the design are reviewed by the project manager, including calculations, drawings, and specifications. The project manager is responsible to the client from initial contact through completion of the entire project. The second phase of Quality Control is to have an Independent Team (one not involved in the original design} lead a separate effort to provide an in-depth independent review of both the preliminary engineering and the final contract documents. Adherence to Schedule BCA is committed to being responsive to the schedule needs of the Client and has developed detailed procedures to ensure that not only final deadlines are met, but every interim submittal is consistently made on schedule. This is achieved by strong project management and the utilization of the following techniques: • The key to schedule adherence Ires in a well-developed plan. The Project Manager takes great care to break down in detail the work anticipated for a project, carefully assigning hour estimates to each task. • For projects that involve concurrent design on several bridge structures, the PM assigns two or more Project Engineers to coordinate the design of one or more structures each. Depending on the complexity of the project, the Project Engineers may break down their tasks further. At every level of responsibility, the person in charge is given a schedule and made fully responsible and accountable for meeting it. 6 188 • Care is taken to ensure that the staff assigned to a project are fully qualified to perform the work required of them and that their current workload will not impact their ability to meet their schedule milestones. • Toe Project Manager keeps a hands-on approach In ensuring that Project Engineers are keeping pace with the original estimate. This is accomplished by daily contact between the Project Manager and the Project Engineers. • Weekly staff meetings are held to gage the status of the various projects underway in the office and to allow Project Managers to draw additional staff from other design teams in the event that additional manpower is required to meet a scheduled milestone. Adherence to Budgets SCA recognizes the importance to the Client of adhering to budgets, and has developed various procedures to ensure that budgets are carefully monitored throughout the project. In this way, any deviation from the original estimate can be quickly corrected by refocusing the attention of the Project Manager to the trouble area • Before the start of the project, the Project Manager carefully plans the work, breaks down the tasks, and assigns man-hours to the various tasks. We do not rely on industry rule-of-thumb budget determinations, such as a percentage of construction cost. This is especially true of rehabilitation and seismic retrofit projects, where every bridge is different. • PMs keep daily control of the tasks being perfonned by au the engineers working on the project. • PMs review on a weekly basis summary sheets issued by our accounting department, which show who worked on what project, how many hours were spent, and the status of the budget. • PMs control the billing for all their projects, which adds another level of control over expendtture. Scope of Work We have reviewed and agree to the scope of work presented in the RFP. In this section, we break down specltic tasks and phases where we feel it is important to elaborate and identify special challenges that we foresee in all of the bridge repair/ rehabilitation projects. Phase O -Proiect Management Project Management, Monthly Meetings and Quality Assurance are not specifically discussed here, as they were covered in more detall in the previous sections. All management, administration, billing, coordination, etc. required to complete this project will be provided. Phase 1 -Preliminary Engineering Task 1.1 -Kickoff Meeting Project Kickoff Meeting with all stakeholders, as described above. Task 1.2-Caltrans Field Review We will conduct a field review with the City PM to discuss specific access, environmental, traffic, utilltles and other pertinent coordination issues. We will prepare the ~Field Review Form" (Exhibit 7-8). Task 1.3 -Local Programs Compliance (OPTIONAL) Our understanding is that the City will be responsible for the HBP paperwork and compliance with the Caltrans Local Assistance Procedures Manual (LAPM) and the HBP requirements. However, we will be available for consultation and to provide assistance, if required, including DBE compliance forms, Request for Authorizations, Right of Way Certffication, and project closeout forms. Task 1.4-Collect and Review Existing Data In this task we will review any project material available from the City, including record drawings, maintenance reports, right-of-way information and utility drawings. Also, we will review the City's Master Bridge Preventive Maintenance Plan and submitted HBP applications. 7 f 189 ( Task 1.5-Topographical Mapping and Surveying We will perform topographical surveying correlated with the California Coordinate System (Zone 6) and applicable Orange County Surveyor's vertical datums Task 1.6 -lnwater and Underwater Inspection During low tide, we will inspect the underside of the bridge deck, abutment walls, bent beams and columns, and check for exposed piles. We understand Caltrans has preformed underwater inspections but tt is unclear if the piles are exposed for many of the project bridges. From the Application for HBRRP Request, there is a concern with marine borer contamination and damage for piles that are exposed. Task 1.7 -Hydrology & Hydraulic Investigation (NOT INCLUDED) We are assuming these repair/rehabilitation projects can be done without a hydraulic analysis and a scour and degradation analysis. lf during the existing pile review the timber piles are found to be exposed and require scour mitigation, we will submit an additional proposal for preparing a Hydraulic Study Report. Task 1.8-Concrete Testing (NOT INCLUDED) We are assuming these repair/rehabilitation projects can be done without performing concrete testing. If during the inspection the brfdge deck, abutment walls, and/or bent beams and columns the concrete is found to be degraded, we will submit an additional proposal for coring and testing concrete. Task 1.9 -Utilities Investigation and Coordination We will research the existing utilities, coordinate with utility companies and generate utility relocation plans, if needed. Task 1.10 -Life-Cycle Cost Analysis (OPTIONAL} We would recommend a life-cycle cost analysis be preformed to evaluate a bridge repair/rehabilitation versus a bridge replacement. Assuming a 75-year design life, a bridge replacement may be the most cost effective solution for a few of the bridge projects. Task 1.11 -Prepare 30% Plans Although we will make a formal 30% submittal to the City at the conclusion of our Preliminary Engineering Phase, all the content of tl'lis submittal would have been already discussed with .the City, at least in draft form, prior to this point. The 30% submittal will include our 30% Plans (Bridge General Plan and Construction Staging Plans), Cost Estimates, and any relevant supporting documentation. Phase 2 -Environmental Services Task 2.1 -Caltrans Environmental Documentation Prepare Preliminary Environmental Studies (PES) Form A complete and signed PES Form is required for all local agency federal-aid transportation projects "OFF" the State Highway System. The PES Form is proposed to be completed in accordance with the Local Assistance Procedures Manual, particularly Chapter 6 Environmental Procedures {Form is provided as Exhibit 6-A). Instructions for completing the PES Fom, are provided in Exhibit 6-B. Our environmental consultant, UltraSystems, has prepared numerous Caltrans PES Forms for projects of similar scope and size throughout Southern California. Use of Available Information. Before beginning these investigations, we will obtain and review available documents that address the proposed project or provide general information concerning the project site and its environs. We will identify and review all pertinent studies, note any informational deficiencies, and _. " determine whether any further technical analyses are needed. l,J Areas of Environmental Concern. We don't expect to find any significant environmental impacts. For the purpose of this proposal, it is assumed that no acquisitions will be necessary as part of this project and all 8 190 ( . l. · .. , · .. / :.: ... ,,,-' bridge improvements wm be within existing City right-of way. Air Quality and Noise (during construction) are two areas of environmental concern that are not expected to require the preparation of detailed technical studies, but are issues to be considered in responding to the PE$ checklist questions. The bridge repairs will not increase the use of the facilities after implementation, and the air quality and noise impacts would be the same as if the project was not implemented. Submittal of Draft PES. We will prepare and submit five copies of a screencheck Draft PES to the City for its review and comments. Two weeks after receipt of comments from the City, we will revise the screencheck Draft PES accordingly and submit 10 copies of the document to the City as the Draft PES. Task 2.2 -CEQA/NEPA Environmental Documentation All environmental documentation will be prepared in full compliance with CEQA and NEPA guidelines and procedures. We anticipate that the appropriate CEQNNEPA documentation for the proposed project will be a CE/CE: Categorical Exemption (CEQA) and Categorical Exclusion (NEPA), However, if it's found that potentially significant and adverse impacts may result from the proposed projects, the CE/CE may not be the appropriate environmental document. This is not anticipated at this time. The CE/CE and supporting studies will be prepared in accordance with City of Huntington Beach, Caltrans, and FHWA requirements and regulations for implementing CEQA and NEPA. Task 2.2.1 -Air Quality The project could directly impact air quality in the immediate vicinity of the project site during project construction. UltraSystems will discuss air quality pursuant to the adopted standardized protocol used by the City, and consistent with the SCAOMD CEQA Air Quality Guidelines. Task 2.2.2 -Noise UltraSystems will discuss noise from the project site as it affects nearby users, particularly sensitive receptors. Short-term noise-related impacts from project construction will be identified using accepted noise criteria applicable to construction equipment. The IS noise analysis will include discussion of the applicable State and City noise guidelines and policies (including the City's Noise Element and Ordinance. Task 2.3-Permitting Approval We will coordinate with regulatory agencies, and process their respective permit applications. Depending on the nature of the proposed repairs, permits may include: o Calttornia Dept of Fish & Game 1602 Streambed Alteration Agreement • U.S. Army Corps of Engineers Nationwide Permit • U.S. Coast Guard • Regional Water Quality Control Board e County of Orange o City of Huntington Beach Phase 3 -Construction Documents Task 3.1 -Respond to City's 30% Review Comments We will respond to the City's review comments and make appropriate revisions for the 60% submittal. Task 3.2-Right-of-Way Engineering {NOT INCLUDED) Our understanding 1s that all repair/rehabilitation work can be done without right-of-way acquisition. 9 191 ( :: ( Task 3.3-60% PS&E We will prepare 60% civil and structural plans for the selected repair/rehabilitation, which are essentially complete, but unchecked plans. We will prepare a complete set of structural calculations. We will develop a draft set of specifications based on Caltrans 2006 Standard Specs and Standard Special Provisions (SSPs). We will submit to the City Plans, Specifications and a Cost Estimate. Task 3.4 -Respond to City's 60% Review Comments We will respond to the City's review comments and make appropriate revisions for the 90% submittal. Task 3.5-Independent Check (Quality Control) The independent check team will perform a detailed review of the 60% plans and calculations. They will then review the 60% specifications. Comments will be discussed and reconciled with the design team. Task 3.7 -90% PS&E The design team will incorporate appropriate Independent Check comments in its design calculations, plans and specifications. After concurrence with the Independent Check team that all comments were addressed satisfactorily, the design team will update the detailed quantity take off. The Independent Check team will then carefully check the detailed quantity take-off, and differences will be reconciled with the design team. We will submit to the City a final set of Plans, Specifications and Engineer's Estimate. Task 3.8-Respond to City's 90% Comments We will respond to the City's review comments and make appropriate revisions for the 100% submittal. Task 3.9-Final 100% PS&E After addressing all comments, we will issue a bid-ready set of Plans, Specffications and Estimate. Phase 4 -Bidding Stage Task 4.1 -Bid Support We will assist the City during bidding, answering Contractor's questions, pre-bid conference and job walk, issuing addenda, analyze bids, and recommend award. Phase 5 -Construction Stage (OPTIONAL) Task 5.1 -Pre-construction Conference (OPTIONAL) We will participate in a pre-construction conference. Task 5.2-Coostructlon Observations (OPTIONAL} We will monitor the construction schedule and perform periodic site visits during construction and report on the progress and quality of the work and compliance with the final plans and specification. Task 5.2 -Response to RFls (OPTIONAL) We will respond to Contractor's Requests for Information (RFls) to clarify our drawings and/or lntent. We will also issue any required Contract Change Orders (CCOs). Generally, CCOs are required due to differing site conditions or because of Contractor's deviations from the plans during construction and mitigation measures are needed. However, If the CCO is required due to errors or omissions on our plans, it is our policy to produce the required CCO at no cost to our Client. Task 5.3 -Review Contractor's Submittals {OPTIONAL) We will review concrete mixes, shop drawings and all Contractor submittals required by the specifications. Task 5.4 -Produce Record Set of Drawings (OPTIONAU At the end of construction, we will generate a Record Set of Drawings incorporating changes to our plans that occurred during construction. We will use information from any Contractor-generated or inspector- generated set of .red-marked drawings and information we have collected from RF!s during construction. 10 192 (· ( __ E. STAFFING Our design team is comprised of Biggs Cardosa Associates as the prime consultant and bridge engineer, with the support of experts in their various disciplines including, civil, surveying and environmentaf. Our project team has worked together on multi-discipline projects and has developed an excellent working relationship. We believe that we bring the City of Huntington Beach a well-coordinated and technically strong team. City of Huntington Beach • O:zltrans I Orange County I Olslrid 12 Project Manager I Mlch.iel TIIOn1'1S, SE' QNQCM.lna~ Troy Swenson, ' Civil Projed Mana3r1r Structures Environmental Bill ZimmerlTlilJl,PE, P Project £ng!lleers Mana.i\er Rk:haid ~,PE' Kenda ue> Geoffrey PE' Ovil Engineer Ron Brull. Pi;? Permitting Paul Btenner' NEPN~A Dow s Hina Cupt.t1 'lllgp Cardosa As-'-ln 'W.C. n-Enp,oering 1lll1NSyst...,, m\UOlllftlUI Biggs Cardosa Associates Project Management and Bridge Engineering The following experienced Biggs Cardosa Associates staff will be assigned to work on this project. Their active California professional registration numbers are included. Project Manager Structures Project Engineer Structures Project Engineer Quality Control Manager Michael Thomas, S.E. Richard B. Sanguinetti, P .E. Geoffrey Dizon, P .E. Troy M. Swenson, S.E. S.E. 4676 P.E. 65406 P.E. 62484 S.E. 4620 Michael Thomas, SE, will serve as Project Manager and has prepared or led the preparation of Feasibility Studies and PS&E for numerous transportation projects centered on bridges. During his over 20 years at Biggs Cardosa Associates, Michael Thomas has led the design of over 80 bridge projects, representing well over 200 individual bridges. Projects have included everything from pedestrian bridges, bridge replacements, widenings, grade separations, seismic retrofits, and rehabilitations, to mufti-structure interchanges and long aerial viaducts. In addition to his structural engineering expertence, Mr. Thomas has over twelve yea,s of experience in Project Management of multi-disciplinary bridge projects that included managing large teams of subconsultants, 11 193 coordination wtth Caltrans, obtaining permits from various regulatory agencies, such as the US Army Corps of Engineers, the California Department of Fish and Game, various Reclamation Districts, and Regional Water Quality Control Boards. Michael is also a certified diver and would be able to participate in underwater inspections of the bridges if needed. Some of Michael's relevant projects include: 0 Riverside Drive Bridge (HBP), City of Los Angeles, CA: Project Manager for the widening of an historic 381-foot long reinforced concrete arched T-beam bridge over the Los Angeles River. The bridge was widened by approximately 12 feet to each side. • Canoga Avenue Bridge (HBP}, City of Los Angeles, CA: Project Manager for the widening of an existing 150-foot long built up steel girder bridge over the Los Angeles River. The bridge was widened by approximately 14 feet to one side with precast prestressed I girders. e Burbank Boulevard Bridge Widening (HBP), Burbank, CA: Project Manager for widening and seismic retrofit of a 453-foot long six-span bridge over Metrollnk/UPRR tracks and local Street. • Tustin Avenue/Rose Drive Grade Separation, Placentia/Anaheim, CA: Project Manager for the planning and design of one of 5 grade separation projects in the City of Placentia. The completed phase of work consisted of conducting a feasibility and alternatives development phase to support the environmental document. BCA is currently proceeding wtth final design of the preferred alternative. • Adeline Street Overhead Rehabilitation (HBP), Oakland, CA: Principal-in-Charge for the rehabilitation of Adeline Street Overhead, an eleven span concrete box girder structure wtth spalllng concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals. • Monterey OH Rehabilitation (HBP), Fresno, CA: Principal-in-Charge for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot long, thirteen-span cast-in- place T-beam and steel plate girder bridge. • Magnolia Blvd (HBP), Burbank, CA: Project Manager for the feasibility study of replacing the barriers and widening the existing 840-foot long ten-span bridge for pedestrians and bicyclists. Also assisted the City in applying for Highway Bridge Program funding which involved direct coordination with Caltrans. • Olive Avenue (HBP), Burbank, CA: Project Manager for the feasibility study of replacing the barriers and widening the existing 933-foot long ten-span bridge for pedestrians and bicyclists. Also assisted the City in applying for Highway Bridge Program funding which involved direct coordination with Cattrans. o Slag Haul RoadNalley BlvdJRoute 10 Interchange, Fontana, CA Project Manager for an APS for two bridge structures in the interchange. • Mulberry Ave/Etiwanda Ave/1-10 Interchange, Fontana, CA Project Manager for an APS of a new ramp separation structure to grade separate the Mulberry Avenue westbound on-ramp traffic onto 1-10 from the Etiwanda westbound off-ramp traffic. As Project Manager for the City of Huntington Beach Bridge Designs Services Project, Michael will be responsible for all client contact, coordinating with the various stakeholders, project scheduling, implementation of an overall project strategy, and day-to-day management of the project He will also lead the team in the preparation of the PS&E. Richard Sanguinetti, PE, will serve as a Structures Project Engineer. Mr. Sanguinetti received his Bachelor of Science degree in Civil Engineering from the San Jose State University. Richard has spent his entire 10-year career at Biggs Gardosa Associates and has been involved in numerous infrastructure design projects during that time. Richard is also a certified diver and would be able to participate in underwater inspections of the bridges if needed. As a Structures Proiect Engineer, Richard will be responsible for developing and implementing the project design development plan, developing structure concepts, the day-to-day technical supervision of the preparation of structural calculations and contract documents. Richard has extensive design .experience wlth various types of infrastructure structures including bridge overcrossings, undercrossings, structure widenings, rehabilitations, grade 12 194 separations, drainage structures, retaining walls, and miscellaneous hydraulic structures. Richard's relevant experience includes: • Tustin Avenue/Rose Drive Grade Separation, Placentia/Anaheim, CA: Quality Control Manager for the planning and design of one of 5 grade separation projects in the City of Placentia. The completed phase of work consisted of conducting a feasibility and alternatives development phase to support the environmental document. BCA is currently proceeding with final design of the preferred alternative. • Adeline Street Overhead Rehabilitation (HBP), Oakland, CA: Quality Control Manager for the rehabilitation of Adeline Street Overhead, an eleven span coocrete box girder structure with spalling concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals. e Monterey OH Rehabilitation (HBP), Fresno, CA: Project Engineer for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot, thirteen-span cast-in-place T•beam and steel plate girder bridge. • Yosemite Springs Parkway Replacement {HBP), Madera County, CA: Project Manager for a 125 foot, single span, cast-in-place box girder bridge over Coarsegold creek. The project also includes creek protection, adjacent road improvements, environmental and permitting through Fish and game, Corps of Engineers and Water Quality Control Board. The project is federally funded through the HBP Program. • Kings River Bridge (HBP), County of Fresno, CA: Quality Control Manager for a replacement 520-foot, three-span bridge carrying Goodfellow Avenue over Kings River. The bridge will have an architecturally haunched cast-in-place prestressed box girder superstructure. Geoffrey Dizon, PE, will serve as a Structures Proiect Engineer. In this role, he will lead and implement the project design development plan, develop structure concepts, the day-to-day technical supervision of the preparation of structural calculations and contract documents. Geoffrey received his Bachelor in Science degree in Civil Engineering from University of Oregon, Corvallis and his Masters in Science in Structural Engineering from University of Calttornia, Berkeley. Geoffrey has over 10 years of design experience at Biggs Cardosa Associates and has acted as a Structures Project Engineer on numerous projects including new construction, rehabilltation and/or seismic retrofit of various highway, pedestrian, vehicular and rail bridges, and retaining wall and soundwall structures. Geoffrey's relevant experience Includes: • Canoga Avenue Bridge Widening (HBP), Los Angeles, CA: Project Engineer for a 147-foot long two• span precast prestressed I-girder bridge widening over the Los Angeles River. • Riverside Drive Bridge (HBP}, Los Angeles, CA: Project Engineer for the retrofit and widening of an existing five-span historic bridge over the Los Angeles River. This is a reinforced concrete T-girder bridge with a maximum span of 80 feet. • Burbank Blvd Bridge (HBP), Burbank, CA: Project Engineer for the widening and retrofitting of a six- span bridge over the SCRRA tracks. Also provided construction services for the City of Burbank. • Tustin/Rose Grade Separation, Placentia/Anaheim, CA: Project Engineer for PS&E Phase of this project, which raises Tustin Ave/Rose Drive over Orangethorpe Avenue and BNSF tracks. ci 3rd and 5th Street Improvements Project, San Bernardino/Highland, CA: Project Engineer for the design of two box culvert structures as part of the 3ro and 5111 Street Improvements Project for the Inland Valley Development Agency. Troy M. Swenson, SE, will serve as the Quality Control Manager for this project and will review all submittals. Troy has more than 12 years of experience in engineering and infrastructure design for projects in California. His varied experience includes preliminary engineering studies, project design, construction document preparation, construction administration, and project management for public works infrastructure. Troy received his BS in Civil Engineering from California State University of Fresno and his MS in Structural Engineering from the University of California, Berkeley. Troy's relevant experience includes: 13 195 o Monterey OH Rehabilitation (HBP}, Fresno, CA: Project Manager for the seismic retrofit and rehabilitation of Monterey Street Grade Separation and Overhead, a 2000-foot long, thirteen-span cast-in- place T-beam and steel plate girder bridge. Project is currently in design. Expected construction costs are $8-1 O million. e Valley Boulevard Bridge Replacement (HBP), Los Angeles, CA: Design Engineer for a 943-foot long, 11-span cast-in-place box girder replacement structure. Mr. Swenson prepared the type selection report, calculations, and construction documents for the PS&E submittal. • Adeline Street Overhead RehabllitaUon (HBP), Oakland, CA: Project Manager for the rehabilitation of Adeline Street Overhead, an eleven-span concrete box girder structure with spalling concrete, deck cracking, corroded reinforcement, damaged chain link railing, and deteriorated joint seals. W.G. Zimmerman Engineering, Inc. Civil Engineering, Surveying and Utility Coordination W.G. Zimmerman Engineering, Inc. is a full service transportation / traffic I civil engineering firm established in 1995. The company's mission is: "To provide traffic, transportation and civil engineering services to local agencies to assist them in achieving their goals". Since the firm's inception, W.G. Zimmerman Engineering has provided federal, state, and county funding management; and traffic and transportation engineering services to Orange, Riverside, Los Angeles, Ventura, San Bernardino, and San Diego County agencies. Civil Project Manager Civil Project Engineer Bill Zimmerman, P.E., T.E., P.T.0.E. Ron Brust, P.E. P.E.48667, T.E.2254 P.E. 22903 Bill Zimmerman will serve as the Civil Project Manager for this project and will assist the City with funding if needed. He has over 25 years of municipal, civil, traffic and transportation project engineering experience. Mr. Zimmerman served as an Interim City Engineer and Traffic Engineer for various Southern California Agencies. He has managed federal and state funded projects for bridge, highway, storm drain, roadway, retaining walls, and traffic signal projects. His funding experience includes writing grant and funding applications for Highway Bridge Program (HBP), MTA Call for Projects, Seismic Upgrade, STA, State Recreation Grants, Safe Routes to School, and Federal Discretionary Funds; managing funding programs, preparation of cost accounting and filing funding final reports. Mr. Zimmerman has managed OCTA's Measure M funding reimbursement payments and currently manages Western Riverside Council of Governments TUMF reimbursement funding to local agencies in Western Riverside. His project expertise spans from the concept level through the design to the construction of civil and transportation related projects. Bill's relevant experience includes: • Marina Drive Bridge Replacement (HBP}, City of Seal Beach, CA: Project Manager for the replacement of a bridge, that was originally constructed in the 1930's. Was responsible for Consultant Management, Coordination with all agencies, and management of the federal and state funding (HBP/Seismic). e Valencia Boulevard (SR-142} and Rose Drive Intersection Improvements, City of Brea, CA: Project Manager for improvements which added and additional left tum lane and a right tum lane on Rose Drive onto Valencia Boulevard. The project widened approximately 1,300 linear feet along the north side of Rose Drive, from the City boundary with Yorba Linda to Valencia Boulevard. It also created wide sidewalks with landscaping in anticipation of future development. o Walker Street Widening, n/o Lincoln Avenue, City of Cypress: Project Manager for the preliminary evaluation for right-of-way and the roadway design of this street widening. Services included: Field Review, Surveying, Traffic Analysis, Right-of-Way Evaluation, Preliminary Design Report, Base Plan Development, Hydrology Study, Drainage Plans, Roadway Design, Sidewalk Design, Signing and Striping. 14 196 c Ron Brust will represent the Civil Project Manager for this project. He will be responsible for Development and Plan Review and serve as the Design Manager. Mr. Brust, a retired Public Works Director for the City of Rohnert Park, has over 35 years of experience in municipal, civil, traffic, and transportation projects. Since joining WGZE he has specialized in providing Project Management for local agencies. His transportation projects include arterial rehabilitation and reconstruction projects, intersection and roadway widening projects, highway and interchange improvement projects and studies, retaining walls, hydrology studies, and local project management. Ron's relevant experience includes: e Marina Drive Bridge Replacement (HBP), City of Seal Beach, CA: Assistant Project Manager for the replacement of a bridge originally constructed in · the 1930's. He was responsible for Consultant Management, Coordination wtth all agencies, and management of the federal and state funding (HBP/Seismic). • Valencia Boulevard (SR-142) and Rose Drive lntersec~ion Improvements, City of Brea, CA: Quality Assurance/Quality Control for improvements which widened 1,300 linear feet of Rose Drive and added an additional left tum lane and a right tum lane on Rose Drive onto Valencia Boulevard. • Walker Street Widening, n/o Lincoln Avenue, Ctty of Cypress: Assistant Project Manager for the preliminary evaluation for right-of-way and the roadway design of this street widening. Services included: Surveying, Traffic Analysis, Right-of-Way, Preliminary Design Report, Base Plan, Hydrology Study, Drainage Plans, Roadway Design, Sidewalk Design, Signing and Striping UltraSystems Environmental Environmental and Permitting UltraSystems Environmental is a full-service planning and environmental consulting firm that has been serving both public and private sector clients throughout Calttomia since the founding of the finn in 1994. UltraSysterns utilizes a broad range of experience with federal, State, municipal, transportation, water, and infrastructure-related projects to prepare legally-defensible environmental documents and studies in full compliance wtth CEQA and NEPA. UltraSystems is also well versed with applicable State of Galifomla Department of Transportation (Caltrans) and with Federal Highway Administration (FHWA) specifications and other governing regulatory agencies rules and requirements. UltraSystems has served as environmental consultant for numerous bridge-related projects. Recent extensive experience includes: bridge improvement projects for the City of Los Angeles at Tampa Avenue, Lindley Avenue, State Street, and Soto Street; the Glen Helen Parkway Grade Separation project for the County of San Bernardino; the Santa Ana River Bridge Crossings for Orange County Transportation Authority; and the Environmental Permitting for Bridge Construction for the Los Angeles Metropolltan Transportation Authority. Environmental Manager NEPAfCEQA Documents Permitting Kendall Jue Hina Gupta Paul Brenner Kendall Jue, will act as Environmental Manager. Mr. Jue has 29 years of experience in environmental planning, and has managed both large and small environmental projects. He is highly familiar with the requirements of both the California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA). His experience includes highway improvement projects and bridge widening and improvement projects, in compliance wHh the California Department of Transportation's (Galtrans) requirements and major infrastructure projects in compliance with the regulations of varlous federal, State, and local agencies. His relevant experience includes: • Lindley Avenue Bridge Over the Los Angeles River, Bridge Widening and Improvement Project (H BP), Los Angeles, CA: Mr. Jue was the Project Manager for this assignment, working closely with the 15 197 City and the bridge engineer, in the preparation of the PES and NEPA documents. The City utilized federal Highway Bridge Program (HBP) funds to improved bridge structures. • Tampa Avenue Bridge Over the Los Angeles River Bridge Widening and Improvement Project, Los Angeles, CA: Mr. Jue was the Project Manager, working closely with City of Los Angeles staff in preparing a thorough discussion of the project components as well as a comprehensive analysis of the potential impacts associated with this project. UltraSystems prepared the Ca/trans Preliminary Environmental Study (PES) and NEPA documents for the project • Soto Street Bridge Revised and Soto Street Widening between Alcazar Street and Mission Road, Los Angeles, CA: Mr. Jue served as Project Manager for preparation of the PES and NEPA documents. The PES evaluated the environmental impacts of widening the Soto Street Bridge by some 25 feet over Valley Boulevard. Technical studies were prepared by UltraSystems to support the PES and NEPA. These included an Initial Site Assessment, and biological and cultural studies. Other studies incorporated into the study were traffic and geotechnical •. Hina Gupta, will be responsible for the preparation of NEPA and CEQA Documents. In her position Ms. Gupta will assist in evaluating project environmental impacts by utilizing thresholds set forth in public documents. She has helped prepare such environmental documents as Baseline and Preliminary Environmental Studies, based on CEQA and NEPA. Some of her relevant experience includes: • Glen Helen Parkway Grade Separation, San Bernardino County, CA: Ms. Gupta is working on the preparation of technical studies, compiled in accordance with Caltrans requirements to support the PES and NEPA documents being prepared. • 1-405/Sepulveda Pass Widening, Los Angeles County, CA: Ms. Gupta is assisting in the preparation of Noise Mitigation and Construction Noise Monitoring services for this project. • California Hlgh-$peed Rail Project, Anaheim to Los Angeles Section, CA: Ms. Gupta assists in ensuring that project updates and data are forwarded appropriately to members of the environmental team. She has conducted research and analysis for various sections of the Project-Level EIR/EIS and has helped complete supporting technical reports, conducting related research into socioeconomic impacts, rail transit ridership, and sensitive receptors. Paul Brenner, will be responsible for Permitting. he will conduct the jurisdictional delineations, complete permit applications, and negotiate with regulatory agencies. Mr. Brenner has fourteen years of applied and research experience in environmental sciences and aquatic biology. He specializes in water-related permitting under Sections 401 and 404 of the Clean Water Act, Section 10 of the Rivers and Harbors Act, Section 1602 of the California Fish and · Game Code, and Coastal Development Permits pursuant to the Calffornia Coastal Commission. Mr. Brenner managed large linear projects such as the Metropolitan Water District's Inland Feeder Project 1 fiber optic installation projects throughout southern California, and Caltrans road projects. He has negotiated permits for many water related agencies and projects. His relevant experience includes: • California High-Speed Rall (HSR), Los Angeles to Anaheim Corridor, Southern CA: As UltraSystems' Permitting Manager, Mr. Brenner provides oversight for the wetlands jurisdictional delineation and report for this corridor. • Permitting Services, Santiago Creek, Orange County, CA: Mr. Brenner served as Task Manager to perform wetland delineations. pursuant to Section 404 of the Clean Water Act and riparian delineations, pursuant to Section 1602 (Et seq.) of the camomia Fish and Game Code. • Jurisdictional Delineations, Biological and Permitting Services, Numerous Projects, Orange County, CA: As Permitting Manager, Mr. Brenner conducted waters of the United States (including wetlands) delineations pursuant to Section 404 of the Clean Water Act and the 1987 U.S. Army Corps of Engineers (ACOE) Wetland Manual and riparian delineations pursuant to Section 1602 (Et seq.) of the Calffomia Fish and Game Code. He prepared ACOE, CDFG, RWQCB applicatlons. 16 198 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 Exhibit B. l -BCA Cost Proposal 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 every calculation, report, plan, specification, estimate, electronic file 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 CONSULTANT 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 CONSULT ANT 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 CONSULT ANT is in, or has been brought into compliance, or until this Agreement has expired or is terminated as provided herein. Surfnet Exhibit B hourly 1 199 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. Surfnet Exhibit B hourly 2 Amendment No. 6 Biggs Cardosa Associates, Inc. February 18, 2025 200 Background 2 •Since 2011, Biggs Cardosa Associates, Inc. has provided bridge design services for federally funded bridge maintenance and rehabilitation projects throughout the City. •Under this contract, previously completed bridge projects include: Warner, Magnolia, Brookhurst, and Admiralty •Amendment No. 6 is necessary to allow time for the completion of the design and writing of the specifications for the Humboldt Bridge Rehabilitation project. 201 Key Points 3 •Public Works requests that the contract for Biggs Cardosa Associates, Inc. be extended for an additional three years. •The new expiration date is February 21, 2028. •No additional funding is requested or required. 202 Questions? 4 203 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-063 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Jacob Aube, Senior Civil Engineer Subject: Approve License Agreement and Project Specific Maintenance Agreement for the Pelican Harbor Senior Apartments Project at 18431 Beach Boulevard Statement of Issue: A License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), and a Project Specific Maintenance Agreement between the City and the State of California (Caltrans), are presented for City Council approval and execution for the Pelican Harbor Senior Apartments project at 18431 Beach Boulevard (near intersection with Ellis Avenue, as shown in Attachment 1). Financial Impact: No funding is required for this action. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2), and instruct the City Clerk to record the agreement with the Orange County Recorder; and, B) Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 204 File #:25-063 MEETING DATE:2/18/2025 The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the intersection with Ellis Avenue. The project’s development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape and street lighting within State Route 39 Right-of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Project Specific Maintenance Agreement between the City and State of California passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City to the developer. It is also Caltrans’ policy to sign the agreement after the City has signed, therefore the Project Specific Maintenance Agreement is provided approved as to form but without Caltrans’ signatures. 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. Location Map of Pelican Harbor Senior Apartments Project 2. License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P., to Provide Installation and Maintenance of Improvements in the Public Right-of-Way 3. Project Specific Maintenance Agreement with City of Huntington Beach 4. Presentation City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 205 206 207 RECORDING REQUESTED BY: CITY OF HUNTINGTON BEACH WHEN RECORDED MAIL TO: City Clerk City of Huntington Beach P.O. Box 190 / 2000 Main Street Huntington Beach, CA 92648 Fee exempt per Government Code § 6103 SPACE ABOVE THIS LINE FOR RECORDER'S USE LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND BEACH HOUSING PARTNERS, L.P., TO PROVIDE INSTALLATION AND MAINTENANCE OF IMPROVEMENTS IN THE PUBLIC RIGHT-OF-WAY This License Agreement (the "Agreement") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "CITY," and BEACH HOUSING PARTNERS, L.P., hereinafter referred to as "LICENSEE." WHEREAS, BEACH HOUSING PARTNERS, L.P., is the owner of ce1iain real property located in the City of Huntington Beach, County of Orange, State of California, which is more pmiicularly described in the legal description attached hereto as Exhibit "A" and incorporated by this reference (the "Property"); and CITY is the owner of those certain areas in the immediate vicinity of the Property that are depicted on Exhibit "B" attached hereto and incorporated herein by this reference (the "Improvement Areas"); and In connection with the development of the Property, CITY and LICENSEE desire to assign responsibility for the installation and maintenance of improvements within the Improvement Areas, as defined below in Section 5, and the costs associated therewith in accordance with plans and specifications submitted by LICENSEE and as reasonably approved by CITY; and By this Agreement, CITY and LICENSEE desire to clarify and specifically delineate their obligations with respect to the installation and maintenance of landscaping within the Improvement Areas, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, CITY and LICENSEE covenant and agree as follows: 1. GRANT OF LICENSE. Subject to terms and conditions hereinafter set fo1ih, CITY hereby grants to LICENSEE a non-exclusive, revocable license ("License") to install and maintain landscaping and hardscaping within the Improvement Areas pursuant to the terms as set forth in this Agreement. 1 24-14886/347703 208 2. TERM. The term of the License (the "Term") granted herein shall be perpetual, provided that CITY may terminate the License and this Agreement upon thirty (30) days written notice to LICENSEE. 3. TERMINATION. In the event of any such termination, the CITY may, at its option, either: (a) at its sole expense, disconnect existing water and electrical supply sources to the Improvement Areas from the Property (leaving the water and electrical systems serving the Property fully functional and in compliance with law), and construct and reconnect CITY water and electrical supply sources to the Improvement Areas, or (b) continue to use water and electricity from the Property for the Improvement Areas, in which case CITY shall agree in writing, upon terms acceptable to the parties, to reimburse LICENSEE on a monthly basis for the reasonable costs of such water and electricity, and, at its sole expense, to maintain in a good condition and repair the portion of the water and electrical systems located in the Improvement Areas. 4. DESCRIPTION OF IMPROVEMENTS. All improvements installed within the Improvement Areas shall be as depicted on those ce1iain plans and specifications as approved by the CITY relative to the Property and the subject development thereof. The landscaping and other improvements within the Improvement Areas for which LICENSEE, at its sole cost at no expense to the CITY, shall install, repair, maintain, and/or replace in accordance with the terms of this License shall be collectively referred to as the "LICENSEE'S Improvements" and includes the following: Concrete paving including sidewalks and driveways, street lighting, including conduit and pull boxes in accordance with the precise grading plans relative to the Property and the subject development thereof submitted by LICENSEE and approved by the CITY. 5. MAINTENANCE RESPONSIBILITIES. At LICENSEE'S sole cost and expense, LICENSEE agrees to perform all maintenance responsibilities for the Improvement Areas, including, but not limited to: sidewalk cleaning; trash disposal; signs; street lighting; and, generally keeping the Improvement Areas in a clean, secure and attractive condition. LICENSEE agrees to maintain and keep the Improvement Areas in good condition and repair, free and clear of litter and debris and free from any nuisances and to comply with all health and police regulations, in all respects at all times. LICENSEE agrees to dispose of litter and debris in a sanitary and legal manner and location. All of the responsibilities listed in this Paragraph 5 (including subpaiis) shall collectively be referred to as "Maintenance Responsibilities." (a) Maintenance of Hardscape Material. LICENSEE's maintenance obligations shall include all concrete and enhanced hardscaping material including all sidewalks, driveways, street lighting and related appurtenances. Maintenance includes, but is not limited to, concrete repair and replacement, grinding or patching variations in elevation of sidewalks and driveways for an acceptable riding surface, and the removal of dirt, debris, graffiti, weeds, and any other deleterious items or material on or about the sidewalks or driveways in an expeditious manner. 2 24-14886/347703 209 (b) Utilities Serving the Improvement Areas. LICENSEE shall bear the expense of electricity and any other utility necessary to serve the Improvement Areas. LICENSEE shall be responsible for using such utilities in a secure and hazardless manner, complying in all respects with applicable codes and ordinances. (c) Signage. LICENSEE shall repair and maintain during the Term any signage constructed and installed on the Improvement Areas by LICENSEE. 6. PLANS AND SPECIFICATIONS. Throughout the Term, LICENSEE shall perform, at its sole cost and expense, any and all repairs, replacements or refurbishing to the Improvements which LICENSEE constructs in the Improvement Areas as necessary to bring the Improvements into an operating condition, all in accordance with plans and specifications as submitted by LICENSEE to CITY, which plans and specifications shall be subject to the prior written approval of CITY. No changes, modifications, or alterations may be made to the Improvement Areas without the prior written consent of CITY. 7. MATERIAL ALTERATIONS. After the approval of the plans and specifications and the installation of the Improvements in the Improvement Areas in accordance with the plans and specifications, no material changes, modifications or alterations may be made to the Improvement Areas without the prior written consent of CITY. 8. CITY REQUIREMENTS. LICENSEE, or anyone performing work on behalf of LICENSEE, shall be properly licensed by CITY for any work performed on the Improvement Areas. Fmihermore, LICENSEE, or anyone performing work on behalf of LICENSEE, shall acquire the proper encroachment permit and comply with all other CITY requirements prior to performing any work on Improvement Areas in the public right-of-way. 9. CITY RIGHT TO INSPECT. CITY shall have the right to inspect the Improvement Areas at any time to ensure that LICENSEE is performing its obligations hereunder. CITY and LICENSEE shall negotiate in good faith to come to a mutual agreement as to the time and date for such inspections. 10. DAMAGE TO IMPROVEMENT AREAS. In the event any damage is caused to any pathways, sidewalks, curbs, gutters, street furniture, street lights, medians, streets or utilities as a result of the installation of the landscaped material installed on the Improvement Areas and/or the performance of the maintenance responsibilities of the Improvement Areas, LICENSEE agrees to repair same at its own expense. In the event that damage is caused by the acts of any person or any equipment is broken or breaks or is destroyed, said equipment shall be replaced or restored within ten (10) calendar days of the date of the breakage or destruction. Stolen items will be considered destroyed for purposes of this Section 10. 11. REPAIR BY CITY. Except as otherwise provided for in this License, in the event any damage is caused to any of the LICENSEE's Improvements within the Improvement Areas as a result of the installation, maintenance and/or repair work performed by the CITY or its contractors, agents or employees within the Improvement Areas, CITY shall promptly repair the same at its own expense. 3 24-14886/347703 210 12. COOPERATION. In the event both LICENSEE and CITY are required to repair damage to the improvements the parties shall cooperate with each other so as to minimize the costs incurred by each of them. 13. MECHANICS' LIENS. LICENSEE agrees not to suffer any mechanics' lien(s) to be filed against the Improvement Areas by reason of any work, labor, services or material performed at or furnished to the Improvement Areas, by or through LICENSEE. LICENSEE shall, at its sole cost and expense, cause any mechanics' lien(s) which may be filed against the Improvement Areas to be released or bonded or affirmatively insured within sixty (60) days after the date of filing of such mechanics' lien(s). Nothing in this Agreement shall be construed as consent on the part of the CITY to subject the CITY's estate in the Improvement Areas to any mechanics' lien(s) or liability under the mechanics' lien laws of the State of California. 14. ASSIGNMENT. The License herein granted is personal to LICENSEE and any attempt to assign the License to any entity shall require the prior approval of CITY and is subject to the provisions set forth in Section 37 below. Notwithstanding the foregoing, assignment of the License to a LICENSEE affiliated entity shall not require prior approval of CITY. Other than the License granted hereunder, LICENSEE hereby expressly waives any claim to or interest or estate of any kind or extent whatsoever in the Improvement Areas arising out of the License or out of LICENSEE'S use or occupancy of the Improvement Areas, whether now existing or arising at any future time. This License is appurtenant to the Property and may not be separately assigned apart from the Property or the interests therein. LICENSEE shall give notice in writing to CITY of any such assignment and delegation; such notice shall include the mailing address of the delegee, and will become the delegee's address for service of notices. LICENSEE hereby covenants for itself and its successors and assigns, that conveyance of any interest in the Property shall constitute an assumption by any successors, assigns or transferees of LICENSEE, of the obligations under this License, and upon such conveyance, the predecessor in interest of such assuming party shall be deemed relieved from any further obligations or responsibilities under this License. 15. WORKERS COMPENSATION INSURANCE. Pursuant to California Labor Code §1861, LICENSEE and its successors or assigns acknowledges awareness of Section 3700 et seq. of said California Labor Code, which requires every employer to be insured against liability for workers' compensation. LICENSEE covenants that it will comply with such laws and provisions prior to conducting any activity pursuant to this license. LICENSEE shall maintain such Workers' Compensation Insurance in an amount of not less than One Million Dollars ($1,000,000) bodily injury by accident, each occurrence, One Million Dollars ($1,000,000) bodily injury by disease, each employee, and One Million Dollars ($1,000,000) bodily injury by disease, policy limit, at all times incident hereto, in forms and underwritten by insurance companies reasonably satisfactory to CITY. LICENSEE shall require all subcontractors retained by LICENSEE to perform work hereunder to provide such workers' compensation insurance for all of the subcontractors' employees. LICENSEE shall furnish to CITY a ce1iificate of waiver of subrogation under the terms of the workers' compensation insurance and LICENSEE shall similarly require all subcontractors to waive subrogation. 4 24-14886/347703 211 16. OTHER INSURANCE. In addition to the workers' compensation insurance in Section 15 above and LICENSEE's covenant to indemnify CITY in Section 18 below, LICENSEE or its successors or assigns shall obtain and furnish to the CITY and carry at all times incident hereto, on all activities to be performed in the Improvement Areas as contemplated herein, general liability insurance including coverage for bodily injury, property damage and motor vehicle coverage. All insurance shall be underwritten by insurance companies reasonably satisfactory to CITY. Said insurance shall name the CITY as Additional Insureds and shall specifically provide that any other insurance which may be applicable to all activities to be unde1iaken by LICENSEE concerning the Improvement Areas shall be deemed excess coverage and that LICENSEE's insurance shall be primary. Said policy of insurance shall pay on behalf of LICENSEE, its officers, agents, and employees, while acting within the scope of their duties, against any and all claims of liability arising out of or in connection with all activities to be undertaken by LICENSEE concerning the Improvement Areas affected by the license. LICENSEE shall subscribe for and maintain said insurance policies in full force and effect during the life of this Agreement, in an amount not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, such limit shall be not less than One Million Dollars ($1,000,000). In the event of aggregate coverage, LICENSEE shall immediately notify CITY of any known depletion of limits. LICENSEE shall require its insurer to waive its subrogation rights against CITY. 17. CERTIFICATE OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS. Prior to conducting any activity pursuant to this Agreement, LICENSEE shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage 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 or modified without providing notice to CITY in accordance with policy provisions. LICENSEE shall maintain the foregoing insurance coverage in force until the Term of this Agreement has expired or this Agreement is terminated. The requirement for carrying the foregoing insurance coverage shall not derogate the obligations of LICENSEE under this Agreement. CITY or its representative shall at all times have the right to demand a copy of all said policies of insurance. LICENSEE shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to LICENSEE's liability policy as required hereunder, naming the CITY as Additional Insureds, shall be provided to the CITY Attorney for approval prior to the commencement of any work by LICENSEE pursuant to this Agreement. 18. INDEMNIFICATION AND HOLD HARMLESS. LICENSEE hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees, and assigns (hereinafter collectively called "Indemnified Parties") against any and all liability, claims, judgments, penalties, damages, expenses, costs and demands, including without limitation reasonable attorneys' fees, however caused, including those resulting from death or injury to any person (including without limitation any Indemnified Party), and damage to any property, real or personal, of any kind wherever located and by whomever owned (including, without limitation, property owned by an Indemnified Party), which injury, death or physical damages arises directly or indirectly out of the grant of license herein contained or the activities to be unde1iaken by 5 24-14886/347703 212 LICENSEE (or LICENSEE's officers, employees, agents, contractors, LICENSEEs, or invitees) concerning the Improvement Areas, caused in whole or in part by any negligent act or omission of the LICENSEE, any of its contractors, subcontractors, or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable (collectively, the "LICENSEE Parties"), including but not limited to concurrent active or passive negligence of the LICENSEE Parties, except to the extent caused by the negligence or willful misconduct of CITY or any of its agents, contractors, subcontractors, officers, or employees. City shall provide immediate notice to LICENSEE whereupon LICENSEE shall conduct any defense required hereunder at its sole cost and expense. 19. INDEPENDENT CONTRACTOR. LICENSEE agrees that all work done or 1,mdertaken by it on the Improvement Areas shall be for its sole account and not as an agent, servant or contractor for CITY. 20. RULES AND REGULATIONS. LICENSEE agrees to obey and observe (and cause its officers, employees, contractors, invitees and all others doing business with LICENSEE to obey and observe) all rules and regulations of general applicability regarding the Improvement Areas as may be reasonably established by CITY at any time and from time to time during the Term of this Agreement. 21. DEFAULT. In the event LICENSEE does not perform, or cause to be performed, any of the Maintenance Responsibilities as contemplated by this Agreement, CITY shall first provide written notice to LICENSEE in the manner and at the address for notices provided in Section 23, describing the alleged default by LICENSEE. If LICENSEE fails to cure said default within thirty (30) calendar days following the date of delivery of such notice of default, CITY may thereafter cause such maintenance to be performed, and all actual and reasonable costs incurred shall be assessed to and billed directly to the LICENSEE. Any invoice for such costs incurred shall include copies of paid invoices evidencing the costs incurred. Payment from LICENSEE shall be due within thirty (30) calendar days following the date of receipt of invoice. In addition, one and a half ( 1-1 /2%) interest per month shall be added for each month payment hereunder is due but unpaid. 22. APPLICABLE LAW. LICENSEE shall, at its sole cost and expense, faithfully observe in the use and occupation of the Improvement Areas all municipal ordinances, and all state and federal statutes now in force and which may hereafter be in force, and shall fully comply, at its sole expense, with all regulations, orders, and other requirements issued or made pursuant to any such ordinances and statutes. All building permits, business licenses and other applicable permits and licenses shall be secured and paid for by LICENSEE. 23. NOTICES. Any notice or special instructions required to be given in writing under this Agreement shall be given either by personal delivery to LICENSEE (as designated herein) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope and sent (i) postage prepaid, and depositing the same in the United States Postal Service, via certified or registered mail, or (ii) using nationally recognized overnight courier service, or (iii) via facsimile transmission (with a copy to also be placed in the United States Mail), and addressed as follows: 6 24-14886/347703 213 TO CITY: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 ATTN: Director of Public Works Tel: (714) 536-5431 Facsimile: (714) 374-1573 TO LICENSEE: BEACH HOUSING PARTNERS L.P. ATTN: Denise Gutierrez 17701 Cowan A venue, Suite 200 Irvine, CA 92614 Any mailing address or telefacsimile number may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. A person may not give official or binding notice by facsimile. The effective time of a notice shall not be affected by the receipt, prior to the receipt of the original, of a facsimile copy of the notice. 24. CAPTIONS AND TERMS. The captions and section numbers appearing in the Agreement are for convenience only and are not a paii of the Agreement and do not in any way limit, amplify, define, construe or describe the scope of intent of the terms and provisions of this Agreement, or in any way affect this Agreement. 25. RECORDATION. LICENSEE shall record this Agreement in the Official Records of the County of Orange, State of California. 26. NON-EXCLUSIVITY. This License is non-exclusive, and the Improvement Areas shall at all times be open to use by the general public. 27. NONDISCRIMINATION. LICENSEE agrees that in the performance of this Agreement and use of the Improvement Areas it will not engage in, discrimination against any person because of race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex. 28. COOPERATION. LICENSEE shall in good faith cooperate in connection with its respective rights and obligations under this Agreement, including, but not limited to, performing any acts and executing any fmiher documents that may be reasonably necessary to effectuate the purposes of or rights conferred under this Agreement. 29. SEVERABILITY. If any provision of this Agreement shall to any extent be deemed to be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby. Each provision of this Agreement, unless specifically conditioned upon such invalid or unenforceable provision, shall be valid and enforceable to the fullest extent permitted by law. 30. ENTIRE AGREEMENT. This Agreement, together with any attachments hereto or inclusions by reference, constitutes the entire agreement between the parties hereto relating to the rights herein granted and the obligations herein assumed, and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements, and understandings, if any, 7 24-14886/347703 214 between the parties hereto with respect to the rights and obligations contained herein. Any oral representations or modifications concerning this instrument shall be of no force or effect except a subsequent modification in writing, approved by the CITY and signed by the parties to be charged. 31. ATTORNEY'S FEES. If any action or proceeding is brought by either party against the other under this Agreement, whether for interpretation, enforcement or otherwise, each party shall bear its own attorneys' fees. The prevailing party shall not be entitled to recover its attorneys' fees from the nonprevailing party. 32. CITY RIGHT TO ENFORCE. Notwithstanding the provisions of Section 31 above, LICENSEE acknowledges and agrees that CITY has the right and standing, but not the obligation, to enforce any of the terms of this Agreement by any appropriate legal or equitable means and shall be entitled to reimbursement for any costs incurred in enforcing this Agreement. LICENSEE shall provide CITY with, and at all times keep current, contact information for LICENSEE and any property manager acting on its behalf. 33. GOVERNING LAW. This Agreement shall be governed, construed, interpreted, and enforced under and in accordance with and governed by the laws of the State of California. 34. AMENDMENTS. This Agreement may be amended, modified, and/or supplemented only by the written agreement of LICENSEE and CITY, or the successors and assigns of each. 35. COVENANTS. Each of the covenants set forth in this Agreement (i) shall run with the land; (ii) shall be binding upon, and shall inure to the benefit of, any person or entity having or acquiring any interest in any portion of any property benefited or burdened thereby, during the period of such person's or entity's ownership, and all of their respective successive owners and assigns; and (iii) shall be binding upon, and shall inure to the benefit of, the property benefited or burdened thereby and every portion thereof and interest therein. The License granted by this Agreement is subject to all matters of record as of the effective date of this Agreement. 36. DELEGATION OF AUTHORITY. CITY hereby delegates to its City Manager or his or her designee the authority to implement all provisions of this Agreement. 37. EXCLUSIVE BENEFIT OF PARTIES. The provisions of this Agreement are for the exclusive benefit of CITY and LICENSEE and their successors and assigns, subject to the provisions hereof, and neither for the benefit of nor give rise to any claim or cause of action by any other person. 38. SURVIVAL. All representations, warranties, waivers, and indemnities given or made hereunder shall survive termination of this Agreement. 39. AUTHORITY TO SIGN. LICENSEE hereby represents that the individual executing this Agreement on behalf of LICENSEE has full authority to do so and to bind LICENSEE to perform pursuant to the terms and conditions of this Agreement. 8 24-14886/34 7703 215 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ___________ 2024. LICENSEE: BEACH HOUSING PARTNERS, L.P. By:!~ L , /11 I C/1~~ {)]()6~ / f;' print name ITS: (circle on e) Chairman/President/Vice President AND By:_~~~____________,.-=-=--------=- /J,111-,L-LC--.5<:St+-J >-~ print name ITS: (circle one) Secretary/Chief Financial Officer/ Asst. Secretary-Treasurer State of California County of _____ _ 24-14886/347703 9 CITY: CITY OF HUNTINGTON BEACH, a California municipal corporation Mayor City Clerk Director of Public Works REVIEWED AND APPROVED: City Manager 216 ACKNOWLEDGMENT 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. State of California County of Oconge On 0'< /2>0 /21; before me, Jo liG.n mc'.idfl &rrios I NO to(\, pub I re (insert name and title of the officer) personally appeared m,c.lr)ae I mGssie 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 true and correct. WITNESS my hand and official seal. (Seal) 217 ACKNOWLEDGMENT 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. State of California County of _O_r_C._f'\....,,9rt--e _________ ) on oq /30 / .l't before me, Juli<in fnqn'(I Barrios, No1-G.n1 Put>!i'c (insert name and title of the officer) personally appeared -'rn~o"-'r-"IA'-L--_Sc..-"--~-=u--'-n'-=1'-------------------- 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 true and correct. WITNESS my hand and official seal. Signature ~~-~ > (Seal) 218 EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY 219 EXHIBIT"A" LEGAL DESCRIPTION PARCEL 2 IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN BOOK 76, PAGE 4 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY APN 159-031-018 18431 BEACH BOULEVARD 220 See attached. EXHIBIT "B" IMPROVEMENT AREA 221 (0 (0 HUN11NGTON BEACH SENIOR HOUSING 18431 BEACH BLVD. HUNTINGTON BEACH 12-0RA-J9 PM J.17 L=60.00' 00 LO SHEET 1 OF 1 EX. SIDEWALK =~£~~=-· -= z <en C 0::: LaJ => ::EU --+-___.__BEACH BL VD. ~ _ ~ ~ -i 270' ~ ELLIS AVENUE ~ ~ ~ ;?- = = = = = = = == == = == --==-= LEGEND: ~ HARDSCAPE AREA CALTRANS RIGHT-OF-WAY PREPARED BY: • ~~;:1?o2.!I~~' INC Agoura Hills, CA 91301 PH: (818) 707-8648 I -Z.J- 1 SCAL£-1"-20' 18431 Beach Blvd. IMPROVEMENT AREA PER MAINTENANCE AGREEMENT 222 ~.19.2024 18431 Beach Blvd. PM 3.17 PROJECT SPECIFIC MAINTENANCE AGREEMENT WITH pifll~OF HUNTINGTON BEACH THIS AGREEMENT is made effective this __ day of ____ , 20_, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as "STATE" and the ei™ of HUNTINGTON BEACH; hereinafter referred to as 11CiJ'fl"; and collectively referred toas "PARTIES." SECTION I RECITALS l. Encroachment Permit Number 12-24-6-MC-0365 was executed between RIT~ and STATE on Beach BL VD to install street lighting and pull box with conduit on State Route (SR) 39, hereinafter referred to as 11 PROJECT." 2. In accordance with said agreement, it was agreed by PARTIES that prior to or upon PROJECT completion, 'GIP1 and STATE will enter into a Maintenance Agreement. 3. ThePARTIES hereto mutually desire to identify the maintenance responsibilities of :clI~ for the improvements of PROJECT constructed within the STATE right of way under the Encroachment Permit Number 12-24-6-MC-0365. NOW THEREFORE, IT IS AGREED AS FOLLOWS: SECTION II AGREEMENT l . Exhibit A consists of plan drawings that delineate and describe the areas within STATE right of way which are the responsibility of the CITY! to maintain in accordance with this Agreement. 2. If there is mutual agreement on a change in the maintenance responsibilities between PARTIES, the PARTIES can revise the Exhibit A by a mutual written execution of the exhibit. 3. OITYI must obtain the necessary Encroachment Permits from STATE's District 12 'Enc~oachment Permit Office prior to entering STATE right of way,t<? ()erform ¢lT'(1 maintenance responsibilities. This permit will be issued at no cost to t!I])f 1 223 ~J?:2024 18431 Beach Blvd. PM 3.17 4. LIGHTING -CITY is responsible for the entire maintenance of newly installed street lighting and pull boxes with conduit in "PROJECT." 5. STATE shall remove Persons Experiencing Homelessness (PEH) and any structures, personal property, debris, and/or other items related to the encampment from the Location(s) shown in Exhibit A, subject to STATE's Encampment Removal policy, MPD 1001 R 1 and applicable State and Federal law. Nothing in this Agreement grants or waives the right of California Highway Patrol (CHP) and other law enforcement agencies having jurisdiction over the Locations shown in Exhibit A. 6. CITY shall engage in weed abatement operations. CITY shall control weeds at a level acceptable to STATE. Any weed control performed by chemical weed sprays (herbicides)shall comply with all laws, rules, and regulations established by California· Department of Food and Agriculture. All chemical spray operations shall be reported quarterly (form LA 17) to STATE via the STATE's Landscape Specialist, Maintenance Support, Caltrans District Office 12, 1750 E. 4th Street, Suite 100, Santa Ana, CA 92705. 7. CITY's graffiti removal shall be limited to removal of text only in accordance with Streets and Highway Code Section 96. Any graffiti that in any way resembles a mural, artwork, paintings, or other similar elements may not be removed. CITY shall discuss such possible art with STATE's District_ l 2_Transportation Art Coordinator before conducting any graffiti removal or remediation. 8. LEGAL RELATIONS AND RESPONSIBILITIES 8.1 Nothing within the provisions of this Agreement is intended to create duties obligations to or rights in third parties not parties to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law. 8.2 Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by, under or in connection with any work, authority or jurisdiction conferred upon STATE under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of their officers and employees from all claims, suits or actions of every name, kind and description 2 224 6;}9,~024 18431 Beach Blvd. PM 3.17 brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement. 8.3 Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement. 9. PREVAILING WAGES: 9 .1 Labor Code Compliance-If the work performed under this Agreement is done under contract and falls within the Labor Code section 1720(a)(l) definition of a "public works" in that it is construction, alteration, demolition,.installation, or repair; or maintenance work under Labor Code section 1771. CIT'\4 must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. :c1J¥;agrees to include prevailing wage requirements in its contracts for public works. ' , ,,-,v---,--,--,,------•,; Work performed by :¢1'1"Y:!~ own forces is exempt from the Labor Code's Prevailing Wage requirements. 9 .2 Requirements in Subcontracts -~fl] shall require its contractors to include prevailing wage requirements in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720( a)( 1) and Labor Code Sectiol"l ,1771. Subcontracts shall include all prevailing wage requirements set forth in ¢1tyi~ contracts. 10.SELF-INSURED -PIJ-Y! is self insured. '.CIT~ agrees to deliver evidence of self-insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certification of self-insurance letter ("Letter of Self-Insurance"), satisfactory to STATE, certifying that ~lTYl meets the coverage requirements of this section. This Letter of Self- Insurance shall also identify the PROJECT location as depicted in EXHIBIT A. ~IIYl shall deliver to STATE the Letter of Self-Insurance with a signed copy of this AGREEMENT. 3 225 &;19:2024 18431 Beach Blvd. PM 3.17 A copy of the executed Letter of Self-Insurance shall be attached hereto and incorporate as Exhibit B. A. SELF-INSURED using Contractor -If the work performed under this AGREEMENT is done by gt}]'s contractor(s), P.II~ shall require its contractor(s) to maintain in force, during the term of this AGREEMENT, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence, $2 million in aggregate, and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement. 11. TERMINATION -This Agreement may be terminated by mutual written consent by i~-,.,,,;;';<'''. ···.;:1 PARTIES or by STATE for cause., ~ft¥'~ failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE. 12. TERM OF AGREEMENT -This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated as set forth in Article 11 above. 13. If a PARTY fails to perform obligations assumed under this agreement, the non- defaulting PARTY may by written notice request that the default be remedied within thirty (30) calendar days. if the defaulting PARTY fails or refuses to do so, the non-defaulting PARTY may complete the obligations and seek reimbursement from the defaulting PARTY who shall pay the invoice within thirty (30) calendar days. If there is an immediate threat to maintain the structural integrity of, or prevent imminent danger of destruction to, the features shown on Exhibit A, either PARTY may perform necessary maintenance or remedial measures to maintain the structural integrity and/or prevent destruction of the features without notice or delay. The PARTY performing such emergency repairs shall be entitled to seek reimbursement from the defaulting PARTY. The performing PARTY shall submit a detailed invoice to the defaulting PARTY, including itemized costs and a description of the work performed, within fifteen ( 15) calendar days following completion of the emergency repairs. The defaulting PARTY shall pay the invoice within thirty (30) calendar days of receipt. PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute 4 226 :{,: 1.9.2024, 18431 Beach Blvd. PM 3.17 this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement. IN WITNESS WHEREOF, the PARTIES hereto have set their hands and seals the day and year first above written. THE f:ITYJ OF HUNTINGTON BEACH By: _________ _ Mayor Initiated and Approved By:., ...... , CIT~ Manager ATTEST: By: -,-I -.-_-,,-,-------- :CITYJ Clerk STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION By: _________ _ Andrew Chuah Deputy District Director Maintenance District 12 5 227 EXHIBIT A (Plan map identifying the applicable STATE Routes (Freeway proper) and CITY road s and facilities D EXHIBIT "A~' HUNJWG7tlHBEACH SENIOR ·HOIJStNG 18431 BEACH BL VD. HUNTINGTON BEACH (Q if) HARDSCAPE AREA TO St M/>.iNTA!NED BY STATE PULLBOX TO 8£ MAINTAINED BY CITY CONDUIT TO BE D--CJ MAINTAINED BY CITY .~.·. STR££11../GHT TO 8£ MAINTAINED BY CITY ----CALTRANS RIGHT-OF-WAY PREPARED BY: • UNITED CIVIL, INC · 30141 Agoura.Road, Suite 215 Agoura Hills, CA 91301 PH: (818) 707~8648 Page 1 of 1 ~ I I SHEET 1 OF 1 EX SIDEWALK £--~-.. · =r<-=== I. -·z.,zss- 1 SCALE; 1"=21J' 18431 Beach Blvd. IMPROVEMENT AREA PER MAINTENANCE AGREl;MENT 228 CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 CALTRANS DISTRICT 12 1750 E. 41H STREET, SUITE 100 SANTA ANA, CA 92705 ATTN: Sarah Rodriguez HUMAN RESOURCES DEPARTMENT EXHIBIT B NOV 21, 2024 RE: Statement of Self Insurance for CITY OF HUNTINGTON BEACH Related to Project Specific Maintenance Agreement with State of California Department of Transportation (11STATE11 ) for the maintenance of street lighting and pull boxes with conduit along Highway 39 at 18431 Beach Blvd. Dear Sarah Rodriguez The purpose of this letter is to certify that the City of Huntington Beach is self-insured and self-funded covering third-party claims arising out of its general operations (for example, commercial general liability and automobile liability insurance). Further the City of Huntington Beach is self-insured covering workers' compensation claims and has received the consent of the State Department of Industrial Relations to do so. Each fiscal year, as a part of its budgetary process, the City of Huntington Beach appropriates funds specifically to satisfy valid third-party claims and workers' compensation claims, which may be brought against the City of Huntington Beach. The City of Huntington Beach certifies its self-insured, general liability coverage for bodily injury liability and property damage liability, meets the required coverage amounts in section 10 (INSURANCE) of the Maintenance Agreement, specifically general liability insurance, coverage of bodily injury liability and property damage liability in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. The City of Huntington Beach further represents that regarding any claims made in connection with the Maintenance Agreement by the STA TE, the STA TE will be first-in-line regarding the reserved, self-insured amounts. If you need any additional information regarding this letter, please direct those inquires through my office. Sin~iJely, .._A,Y-e __ . _ ___;--,,c...,,'--"-=r'------ DeAnna Sori RISK MANAGER Pelican Harbor Senior Apartments Approve License Agreement and Project Specific Maintenance Agreement Department of Public Works 229 BACKGROUND •The Pelican Harbor Senior Apartments project is located at 18431 Beach Boulevard, near the intersection with Ellis Avenue (Attachment 1). Developed by Jamboree Housing, the project will provide affordable housing for seniors. The project consists of 43 total units with a subterranean parking garage and four stories of residential. There are also outdoor amenities such as a courtyard, dog run, open space, and fitness stations. •As part of the development requirements, the developer was required to construct a streetlight and new concrete walkways in State Route 39 (Beach Boulevard) along the project frontage. State Route 39 is operated by the California Department of Transportation (Caltrans). •The developer was also required to assume maintenance responsibilities of the constructed improvements in State Route 39. Caltrans will not directly sign agreements with developers, only governmental agencies. To satisfy the maintenance requirements, the City signs a maintenance agreement with Caltrans, and then signs another separate maintenance agreement with the developer to pass maintenance responsibility to the developer. 230 LOCATION MAP 231 1 I GARFIELD AVENUE ELLIS AVENUE LU a:: ~tiJ .;:c LU cct ~ Q CJ) VICINITY MAP NOT TO SCALE PROJECT SITE YORKTOWN AVENUE ADAMS AVENUE NEED/WHY/BENEFITS •The project’s development requirements included the maintenance responsibilities of hardscape and street lighting improvements within State Route 39 along the project frontage. To document this responsibility, the project developer is required to execute a License Agreement for all hardscape and street lighting within State Route 39 Right- of-Way. This agreement also addresses sidewalk cleaning, disposal of trash, and all other aspects of maintenance. •The California Department of Transportation (Caltrans), the owner of State Route 39 Right-of-Way, will only enter into maintenance agreements with governmental agencies, not private developers. Consequently, there are two agreements necessary to adequately address maintenance responsibility. The Project Specific Maintenance Agreement between the City and Caltrans passes maintenance responsibilities from Caltrans to the City, and the License Agreement between the City and Beach Housing Partners, L.P. (Jamboree Housing), passes maintenance responsibilities from the City to the developer. •Executing these agreements allows the developer to meet the development requirements and transfers maintenance responsibility to the developer, which results in no maintenance responsibilities for the City. 232 DETAILS •The constructed improvements along the project frontage within Caltrans Right-of-Way on State Route 39 (Beach Boulevard) include concrete walkways, streetlight, conduit, and pull boxes. •Maintenance responsibilities include the previously mentioned improvements and also include sidewalk cleaning and disposal of trash. •Executing both agreements will pass all maintenance responsibilities to the developer and free the City of maintenance responsibility. The City signs two separate agreements with Caltrans and the developer due to Caltrans not signing agreements directly with developers, only governmental agencies like the City. 233 (0 <D HUN71NGroN BEACH SENIOR HOUSING 18431 BEACH BLVD. HUNTINGTON BEACH 12-0RA-J9 PM J .17 p _! EX. SIDEWALK .,,-----· =,.....~=~= BEACH BLVD . Cf.- -270' Cf. ELLIS AVENUE ~ ~ =-~ =======-=..........,. =- LEGEND: WA HARDSCAPE AREA ----CAL1RAN5 RIGHT-OF-WAY RECOMMENDATION A)Approve and authorize the Mayor and City Clerk to execute the License Agreement between the City of Huntington Beach and Beach Housing Partners, L.P. (Jamboree Housing, the project developer), to provide maintenance of improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 2); and B)Approve and authorize the Mayor and City Clerk to execute the Project Specific Maintenance Agreement between the City of Huntington Beach and State of California (Caltrans) for improvements within State Highway Right-of-Way on State Route 39 (Beach Boulevard) for the Pelican Harbor Senior Apartments project (Attachment 3). 234 Questions? 235 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-073 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Chris Davis, Senior Management Analyst Subject: Adopt Resolution No. 2025-06 approving and adopting the 2023 Water Master Plan (WMP) Update; and, adopt Resolution No. 2025-07 identifying specific projects for Water Capital Facilities expenditures. Statement of Issue: The Water Master Plan is used to identify capital improvement projects needed over the next 20 years. These projects are consistent with asset management practices and are necessary to maintain a healthy water infrastructure. Water Master Plans are typically updated every five to seven years. Staff began updating the Water Master Plan in 2021, with the draft completed in November 2023. Financial Impact: No funding is required. The Water Master Plan does not commit the City to any specific projects and will not directly result in any financial impacts. Approval and adoption of the Water Master Plan by the City Council will guide the development of the Water Capital Improvement Program during the annual budget process. All revenues from the Capital Facilities Charge are deposited in the Water Master Plan Fund 507. Recommended Action: A) Adopt Resolution No. 2025-06, “A Resolution of The City Council of The City of Huntington Beach Approving and Adopting That Certain Report Entitled ‘City of Huntington Beach, 2023 Water Master Plan Update’” B) Adopt Resolution No. 2025-07, “A Resolution of The City Council of The City of Huntington Beach Identifying the Specific Water Projects from The Approved Water Master Plan on Which Capital Facilities Charge Monies and Capital Surcharge Monies Can Be Expended” Alternative Action(s): Do not approve, and direct staff accordingly. City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 236 File #:25-073 MEETING DATE:2/18/2025 Analysis: The Water Master Plan (WMP) Update evaluates the City’s water system performance and facilities for the planning period 2020 through 2040. System supply and demands have been projected for the years 2020 through 2045, consistent with the planning period for the City’s 2020 Urban Water Management Plan (UWMP) which was submitted to and approved on June 7, 2021 by the State Department of Water Resources. This WMP Update includes an evaluation of the City’s growth, water demands, water supply and reliability, water quality, water storage, emergency water supply, energy use and recovery, and water distribution system piping, in order to determine recommended capital improvements over the next 20 years. The WMP Update identifies 33 projects with an estimated cost of $177 million. Eleven new Water Master Plan projects and annual programs have been identified. These new projects,as well as remaining projects from the 2016 WMP,will all be funded by available Water Master Plan funds and will be prioritized and implemented in accordance with need and funding availability. The “Capital Facilities Charge” is the source of funding for these projects. CIAB/Public Works Commission: The CIAB/Public Works Commission reviewed the draft WMP at the May 15, 2024 regular meeting. The Commission unanimously recommended that the City Council adopt the WMP Update. 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 6 - Infrastructure Investment, Strategy D - Undertake major planning efforts including Fleet Capital Replacement Plan, Mobility Master Plan and Infrastructure Report Card to adequately anticipate and prepare for future infrastructure needs. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Resolution 2025-06, “A Resolution of The City Council of The City of Huntington Beach Approving and Adopting That Certain Report Entitled ‘City of Huntington Beach, 2023 Water Master Plan Update’” 2. Resolution 2025-07, “A Resolution of The City Council of The City of Huntington Beach Identifying the Specific Water Projects from The Approved Water Master Plan on Which Capital Facilities Charge Monies and Capital Surcharge Monies Can Be Expended” 3. 2023 Water Master Plan Update 4. PowerPoint Presentation City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 237 238 RESOLUTION NO. 2025-06 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING THAT CERTAIN REPORT ENTITLED "CITY OF HUNTINGTON BEACH, 2023 WATER MASTER PLAN UPDATE" WHEREAS, at its meeting of February 18, 2025, the City Council of the City of Huntington Beach was requested to approve a report entitled "City of Huntington Beach, 2023 Water Master Plan Update" (sometimes referred to as "2023 Water Master Plan" and "Plan"), which Plan was prepared by the engineering firm of Tetra Tech, Inc.; and The 2023 Water Master Plan, is a planning study for possible future actions and therefore not a project and statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15262; and The Plan was reviewed by the City's Public Works Commission on May 15, 2024, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. That certain report entitled "City of Huntington Beach, 2023 Water Master Plan Update" is hereby approved and adopted; and said Plan is further approved for use and implementation by the City's staff. 2. The 2023 Water Master Plan shall supersede the City Council's approved 2016 Water Master Plan. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 18 th day of February, 2025. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: ,,• J . ·/ , ' / City Manager Director of Public Works City Attorney 25-15832/367837 239 RESOLUTION NO. 2025-07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IDENTIFYING THE SPECIFIC WATER PROJECTS FROM THE APPROVED WATER MASTER PLAN ON WHICH CAPITAL FACILITIES CHARGE MONIES AND CAPITAL SURCHARGE MONIES CAN BE EXPENDED WHEREAS, on November 21, 2016, the City Council of the City of Huntington Beach adopted Ordinance No. 4104; which Ordinance amended Huntington Beach Municipal Code Section 14.12.010 to provide that future monies to be collected from the Capital Facilities Charge and previously collected monies from the Capital Surcharge shall be expended on water projects that are consistent with the goals and objectives of the City Council-approved Master Water Plan, but which projects are specifically identified in an implementing resolution adopted by the City Council; and The Water Master Plan is a plmming study for possible future action, and is statutorily exempt from the California Environmental Quality Act (CEQA) pursuant to State CEQA Guidelines section 15262; and On February 18, 2025, the City Council, by the adoption of Resolution No. 2025-06, adopted and approved the Water Master Plan; and Ordinance No. 4104 requires that this implementing resolution also be adopted by the City Council, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The effective date of this resolution shall be February 18, 2025. 2. From and after the effective date of this resolution, Capital Facilities Charge and service fee monies to be collected and previously collected monies from the Capital Surcharge monies may be expended on the list of water projects contained within the approved Water Master Plan; which list is attached hereto as Exhibit A and incorporated herein by reference. 25-15832/367832 1 240 RESOLUTION NO. 2025-07 3. If any of the water projects listed on Exhibit A are deleted or changed, or if other water projects, not presently listed, are proposed to be added to the list, such changes shall be memorialized by an amendment to this resolution. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of _________ , 2025. Mayor REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Director of Public Works 25-15832/367832 2 241 RESOLUTION NO. 2025-07 EXHIBIT A 2025 Water Master Plan Update Estimated Costs for New Water Master Plan Projects Well lA Sodium SBA Hypocblorile On-site 2024·28 $8,678 2025-29 $368,618 $377,296 Production Generation Well 3A Sodium 586 Hypochlori1e On-site 2024-28 $9,553 2025-29 $405,774 $415,327 Production Generation 58C Well 4 Sodium Hypocblorite 2024-28 $15,683 2025-29 $666,204 $681,887 Production On-site Generation 580 Well 5 Sodimn Hypochlorite 2024-28 $9,931 2025-29 $421,869 $431,800 Production ' Ou-site Generation 58E Well 6 Sodium Hypochlorite 2024-28 $18,291 2025-29 $776,969 $795,260 Production ' On-site Generation 58f Well 7 SodiumHypochlorile 2024-28 $22,275 2025-29 $946,196 $968,471 Production ' On-site Generation 58G Wcll 9 Sodium Hypochlorite 2024-28 $18,917 2025-29 $803,543 $822,460 Production On-site Generation Well IO Sodium 58H HypocWorite On-site 2024"28 $16,534 2025-29 $702,345 $718,879 Production ' Generation Well 13 Sodium 581 H}'POchlorite On-site 2024-28 $20,798 2025-29 $883,466 $904,264 Production Generation Edwards Hill Reservoir 58J Sodium HypocWorite On-site 2024-28 $14,195 2025-29 $602,973 $617,168 Production 2 Generation Ovenuyer Reservoir Sodium 58K Hypochlorite On-site 2024-28 $15,899 2025-29 $675,355 $691,254 Production ' Generation 59A Well lA Hydrofluorosilicic 2024-28 $8,678 2025-29 $368,618 $377,296 Production ' Add On-site Generation 598 Well 3A Hydrofluorosilicic 2024-28 $9,553 2025-29 $405,774 $415,327 Production ' Acid On-site Generation 59C Well4 Hydrofluorosilicic 2024-28 $15,683 2025-29 $666,204 $681,887 Production ' Add On-site Gen.eration 590 Well 5 Hydrofluorosilidc 2024-28 $9,931 2025-29 $421,869 $431,800 Production 2 Acid On-site Generation 59E WelJ 6 Hydrolhmrnsilidc 2024-28 $18,291 2025-29 $nG,969 $795,260 Production ' Add On-site Generation 59f Well 7 Hydrofluornsilicic 2024-28 $22,275 2025-29 $946,196 $968,471 Production ' Acid On-.site Generation 59G Well 9 Hydrofluorosilicic 2024-28 $18,917 2025-29 $803,5113 $822,460 Production ' Acid On-site Generation 59H WeU 10 Hydrofluorosilkic 20211-28 $16,534 2025-29 $702,345 $718,879 Production ' Acid On-site Generation 591 Well 13 Hydrofluorosilidc 2024·28 $20,798 2025·29 $Bey3,466 $904,264 Production ' Add On-sile Generation Edwards Hill Reservoir 59) Hydrofh10rosi1idc Acid On-2024-28 $14,195 2025-29 $602,973 $617,168 Productfon ' site Generation S9K Overmyer Reservoir 2024-28 $15,899 2025-29 $675,355 $691,254 Production ' . 25-15832/367832 3 242 RESOLUTION NO. 2025-07 EXHIBIT A (Can't) Hydroflliorosilicic Add On- site Generation lndepeudent Re\"iew of all 60 City Water Facili!ie.s by 2025 $300,000 .. -$300,000 study 1 B:1 .. ineerin!! Finn. Lead Md Copper Rule 61 Revision (LCRR) Invenlory 2024 $50,000 .. .. $50,000 Study 2 Studv and GIS Undate 62 Well No. 8 Replacement/ 2024 $330,000 2024-25 $2,900,000 $3,230,000 Production 1 Rehabilitation 63 NewWa!e-rWellNo.16 2025 $1,083,000 2025-26 $6,138,000 $7,221,000 Production 2 64 Water facilities SCADA 2023 $300,000 2023-24 -$300,000 Ser:urity 4 Gvbersecuritv Inmrovemenls Well Quality Emergency \Jnantklpate.d/ 65 Mitigalionffreatment 202, $200,000 .. -$200,000 Emergency 5 Proirr:nn 66 Electric<tl Vehicle Charging 2028 $300,000 2029 $1,200,000 $1,500,000 Sustainabllity 5 Statioas at the Utilities Yard 67 Manganese Treatment 2024 $200,000 2024 $2,000,000 $2,200,000 Production 1 Svstem at Welt 3A 68 Well 4 Rt-habilila1ion 2024 $150,000 2024 $1,350,000 $1,500,000 Production 1 TOTAL $3,155,000 $28,095,000 $31,350,000 25-15832/367832 4 CITY OF HUNTINGTON BEACH Water Master Plan Update i 243 City of Huntington Beach WATER MASTER PLAN UPDATE NOVEMBER 2023 Prepared for: City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Prepared by: I 11:: l TETRA TECH CITY OF HUNTINGTON BEACH Water Master Plan Update ii CITY OF HUNTINGTON BEACH WATER MASTER PLAN UPDATE NOVEMBER 2023 Prepared for: CITY OF HUNTINGTON BEACH 2000 Main Street Huntington Beach, CA 92648 Prepared by: Tetra Tech, Inc. 160 Via Verde, Suite 240 San Dimas, CA 91773 244 CITY OF HUNTINGTON BEACH Water Master Plan Update iii TABLE OF CONTENTS EXECUTIVE SUMMARY ........................................................................................ ES-1 ES.1 Purpose ........................................................................................................... ES-1 ES.2 City Characteristics and Projected Growth .................................................... ES-1 ES.3 Water Demand ............................................................................................... ES-2 ES.4 Water Supply and Reliability ......................................................................... ES-3 ES.5 Facilities and Operation ................................................................................. ES-5 ES.6 Storage and Emergency Supply ..................................................................... ES-6 ES.7 Water Transmission and Distribution System Modeling ............................... ES-7 ES.8 Capital Improvement Program ....................................................................... ES-8 1 CITY CHARACTERISTICS AND PROJECTED GROWTH ..................... 1-1 1.1 Land Use ........................................................................................................... 1-1 1.2 Population and Housing .................................................................................... 1-6 1.2.1 Population Projections including RHNA Housing Allocation .................. 1-7 2 WATER DEMAND ........................................................................................... 2-1 2.1 Historical Potable Water Production ................................................................. 2-1 2.2 Historical Water Consumption/Unaccounted-For Water .................................. 2-4 2.3 Projected Water Demands ................................................................................. 2-8 2.3.1 Projected Water Demands for RHNA Housing Allocations...................... 2-9 3 WATER SUPPLY AND RELIABILITY......................................................... 3-1 3.1 City Water Supplies .......................................................................................... 3-1 3.2 Water Quality .................................................................................................... 3-4 3.3 Groundwater Supply ....................................................................................... 3-13 3.3.1 OCWD Projects ....................................................................................... 3-13 3.3.2 Groundwater Production .......................................................................... 3-14 3.3.3 Regional Imported Water Supply ............................................................ 3-16 3.3.4 Conjunctive Use Storage Program ........................................................... 3-16 3.3.5 City Imported Water Supply .................................................................... 3-17 3.3.6 Seawater Desalination .............................................................................. 3-18 3.3.7 Emergency Connections .......................................................................... 3-18 3.3.8 Supply Reliability .................................................................................... 3-18 3.3.9 Groundwater Well Study ......................................................................... 3-24 4 FACILITIES AND OPERATION ................................................................... 4-1 245 CITY OF HUNTINGTON BEACH Water Master Plan Update iv 4.1 Existing Facilities Summary ............................................................................. 4-1 4.2 System Operation .............................................................................................. 4-1 4.3 Storage Reservoirs and Booster Pump Stations ................................................ 4-5 4.3.1 Overmyer Reservoir and Booster Pump Station ........................................ 4-5 4.3.2 Reservoir Hill Booster Pump Station ......................................................... 4-7 4.3.3 Peck and Springdale Reservoirs and Peck Booster Pump Station ............. 4-7 4.3.4 Edwards Hill Reservoir and Booster Pump Station ................................... 4-7 4.4 Potable Water Well Pumps ............................................................................... 4-8 4.5 Transmission and Distribution Piping ............................................................... 4-9 4.5.1 Metered Service Connections .................................................................. 4-18 4.5.2 Large Valves ............................................................................................ 4-18 4.5.3 Public and Private Fire Hydrants ............................................................. 4-20 4.5.4 Dedicated Fire Services ........................................................................... 4-20 4.5.5 Water System Personnel, Utilities Yard, Trucks, Equipment, etc. .......... 4-21 4.6 Distribution System Treatment ....................................................................... 4-21 5 STORAGE AND EMERGENCY SUPPLY .................................................... 5-1 5.1 Overview ........................................................................................................... 5-1 5.2 Reservoir Operating Levels ............................................................................... 5-4 5.3 Operational Storage ........................................................................................... 5-4 5.4 Fire Storage ....................................................................................................... 5-5 5.5 Emergency Storage/Supply ............................................................................... 5-6 5.5.1 Pressure Zone 2 ........................................................................................ 5-15 5.6 Storage/Supply Adequacy for Emergency Operating Conditions................... 5-16 6 HYDRAULIC MODEL CONSTRUCTION, MODEL VALIDATION & SCENARIO MODELING ................................................................................. 6-1 6.1 Hydraulic Model Description ............................................................................ 6-1 6.2 Model Validation............................................................................................... 6-1 6.3 2022 Hydraulic Model Update .......................................................................... 6-2 6.4 Distribution System Modeling .......................................................................... 6-3 6.4.1 Maximum Week Condition........................................................................ 6-3 7 CAPITAL IMPROVEMENT PROGRAM ..................................................... 7-1 7.1 Overview ........................................................................................................... 7-1 7.2 Remaining Water Master Plan Capital Improvement Projects ......................... 7-2 7.3 New Water Master Plan Capital Improvement Projects ................................. 7-10 7.4 Improvement Projects Categorized Into 8 Programs ...................................... 7-14 246 CITY OF HUNTINGTON BEACH Water Master Plan Update v 7.4.1 Water System Corrosion Control ............................................................. 7-14 7.4.2 Water Distribution System Improvements ............................................... 7-14 7.4.3 Water Main Replacements ....................................................................... 7-14 7.4.4 Water Production System Improvements ................................................ 7-15 7.4.5 Water Facilities Security Improvements .................................................. 7-15 7.4.6 Water Engineering Studies ...................................................................... 7-15 7.4.7 Unanticipated/Emergency Projects .......................................................... 7-15 7.4.8 Sustainability Projects .............................................................................. 7-15 7.5 Capital Improvement Priorities ....................................................................... 7-16 247 CITY OF HUNTINGTON BEACH Water Master Plan Update vi TABLES Table ES-1 Estimated Costs for Remaining Master Plan Projects ......................... ES-10 Table ES-2 Estimate Costs for New Master Plan Projects ......................................ES-13 Table 1-1 Existing Land Use ..................................................................................... 1-4 Table 1-2 Historical and Projected Population and Housing .................................... 1-7 Table 1-3 Projected Population and Housing ............................................................ 1-8 Table 2-1 Historical Potable Water Production (Acre-Feet) ..................................... 2-2 Table 2-2 Historical Water Consumption ................................................................. 2-6 Table 2-3 Historical Per Capita M&I Demand ......................................................... 2-6 Table 2-4 Historical Water Demand by Billing Class ............................................... 2-7 Table 2-5 Projected Water Demands......................................................................... 2-9 Table 2-6 Projected Water Demands Including RHNA Allocation ........................ 2-10 Table 3-1 Groundwater Production vs. Imported Water Purchases (FY15 – FY20)3-3 Table 3-2 PFAS Notification and Response Levels .................................................. 3-8 Table 3-3 Cyanotoxins Notification Levels .............................................................. 3-9 Table 3-4 Groundwater Well Production Capacities .............................................. 3-14 Table 3-5 Groundwater Production to BPP ............................................................. 3-16 Table 3-6 Imported Water Connections .................................................................. 3-18 Table 3-7 Well Capacities (Design & Normal Operating) ...................................... 3-20 Table 3-8 2025 Monthly Demand/Supply Projections (acre-feet) ......................... 3-21 Table 3-9 2045 Monthly Demand/Supply Projections (acre-feet) ......................... 3-23 Table 3-10 Groundwater Well History ...................................................................... 3-26 Table 3-11 Comparison of Active & Inactive Water Wells ...................................... 3-28 Table 4-1 Existing Storage Reservoir Characteristics ............................................... 4-5 Table 4-2 Existing Booster Station Characteristics ................................................... 4-6 Table 4-3 Existing Potable Water Well Pump Characteristics.................................. 4-8 Table 4-4 Transmission and Distribution System Mains ........................................ 4-10 Table 4-5 OC-9 Transmission Main ........................................................................ 4-12 Table 4-6 OC-35 Transmission Main ...................................................................... 4-13 Table 4-7 OC-44 Transmission Main ...................................................................... 4-14 Table 4-8 Pipes with Cathodic Protection ............................................................... 4-17 Table 4-9 Meter Connections .................................................................................. 4-18 Table 4-10 Distribution Valves (Excluding Small Diameter Service Valves) .......... 4-19 248 CITY OF HUNTINGTON BEACH Water Master Plan Update vii Table 4-11 Public and Private Fire Hydrants ............................................................ 4-20 Table 4-12 Dedicated Fire Services and Backflow Devices ..................................... 4-21 Table 5-1 Existing and Proposed Reservoir Capacities ............................................ 5-1 Table 5-2 General Fire Flow Requirements for Water Master Plan Analysisa ......... 5-5 Table 5-3 Emergency Storage for Other Water Purveyors ....................................... 5-7 Table 5-4 City Imported Water Service Connections ............................................. 5-10 Table 5-5 MWD IRRP-Defined Events and Recovery Times ................................ 5-11 Table 5-6 Well Supply under Emergency and Electrical Power Outage ................ 5-12 Table 6-1 Recently Completed CIP Projects Added to Model ................................. 6-2 Table 6-2 Pipes Added to Model from Comparison to GIS ...................................... 6-3 Table 7-1 History of Monthly Capital Surcharges .................................................... 7-1 Table 7-2 Estimated Costs for Remaining Water Master Plan Projects.................... 7-9 Table 7-3 Estimated Costs for New Water Master Plan Projects ............................ 7-12 249 CITY OF HUNTINGTON BEACH Water Master Plan Update viii FIGURES Figure 1-1 Existing Land Use ..................................................................................... 1-3 Figure 1-2 General Plan Build-out Land Use ............................................................. 1-5 Figure 2-1 Historical Potable Water Production vs. Rainfall ..................................... 2-3 Figure 3-1 Groundwater Production vs. Imported Water Purchases (FY15 – FY20)3-4 Figure 3-2 Locations of City Potable Groundwater Wells & Imported Water Turnouts 3-15 Figure 4-1 Existing Potable Water System Facilities ................................................. 4-2 Figure 4-2 System Schematic ..................................................................................... 4-3 Figure 4-3 Transmission and Distribution Piping by Material ................................. 4-15 Figure 5-1 Newport-Inglewood Fault and Southeast Service Area ............................ 5-2 Figure 5-2 Imported Water Pipeline System .............................................................. 5-9 APPENDICES Appendix A Existing and Projected Water Demand Technical Memorandum Appendix B Build-out Demands & Distribution of Demands Technical Memorandum 250 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-1 Tetra Tech, Inc. Water Master Plan Update EXECUTIVE SUMMARY ES.1 Purpose The purpose of this report is to update the City’s water master plan, which was last updated in October 2016 (2016 Water Master Plan). The primary purpose of the master plan is to identify the capital improvement projects needed over the next 20 years, consistent with typical asset management practices to maintain a healthy water infrastructure. The Water Master Plan Update evaluates the water system performance and facilities for the planning period 2020 through 2040. System supply and demands have been projected for the years 2020 through 2045, consistent with the planning period for the City’s 2020 Urban Water Management Plan (UWMP) submitted to and approved on June 7, 2021 by the State Department of Water Resources. This Water Master Plan Update includes the evaluation of City growth, water demands, water supply and reliability, water quality, water storage, emergency water supply, energy use and recovery, and water distribution system piping, in order to determine recommended capital improvements over the next 20 years. Following the adoption of this Water Master Plan Update by City Council, City staff will prepare a Water Financial Plan with recommendations to replenish the Water Master Plan Fund for on-going improvement efforts. The City is conducting a Water Rate Study and intends on holding a Public Hearing in the Spring of 2024 to adjust rates for the next five (5) years. The Water Financial Plan will evaluate projected costs, scheduling and funding of recommended projects to be paid for in the City’s Water Master Plan Capital Improvements Program (CIP). After both the Water Master Plan Update and the Water Financial Plan are completed, the City staff will implement the recommended projects as approved by the City Council. ES.2 City Characteristics and Projected Growth Of the 17,482 acres of land within the City of Huntington Beach boundaries, including the community of Sunset Beach, only 0.59% of the City remains as vacant land (103 acres). It is assumed that ultimately this vacant land may be developed with the exceptions of land designated as open space. Additionally, some areas of the City that are currently developed may experience redevelopment of the existing onsite uses, including the Beach-Edinger Corridors Specific Plan and the Downtown Specific Plan areas. Development in the City may include 13,368 new housing units, which is the City’s 6th Cycle regional housing needs assessment (RHNA) allocation determined by the Southern California Association of Governments (SCAG). The City’s population is projected to increase 20.2% from 198,725 in 2020 to 238,770 in 2045, with total dwelling units increasing from 82,524 to 97,061 (17.6%) over the same twenty-five-year period. These increases are predominantly related to the 6th Cycle RHNA allocation. 251 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-2 Tetra Tech, Inc. Water Master Plan Update Historical and projected water service area population and housing for the City’s 2020 Urban Water Management Plan (UWMP) and this master plan was based on the Center for Demographic Research (CDR) at California State University Fullerton Orange County Projections (OCP) 2020 data. This data was then adjusted for the RHNA allocation. ES.3 Water Demand City water demands have not changed significantly over the past 15 years even though development has occurred, and the City’s population has increased. City potable water supply for the 10 water years 2010/11 through 2019/2020 averaged 27,727 acre-feet per year (AFY). Note that a water year is July through June, whereas the City’s fiscal year during this time period ran from October through September. The City has since changed the water fiscal year to July through June. The City has managed to keep total demands flat through the implementation of water conservation practices and by reducing unaccounted-for water. In 2005, the City’s Water Master Plan estimated unaccounted-for water, which is the difference between water supply and water consumption, averaged 6.4%. During the five year period from 2015/16 to 2019/20, unaccounted-for water dropped to 0.9%. This reduction in unaccounted-for water is attributed to leak detection surveys, an on-going leak investigation and repair program, and a comprehensive program of water main replacements undertaken by the City. Additionally, as of 2018 the distribution section switched from hydrant flushing to using NO-DES (Neutral Output Discharge Elimination System) flushing technology. This technology uses a filter system that treats turbidity, allowing the flushed water to be used instead of discharging to waste. The current rate of unaccounted-for water is commendable for a system the size, age, and complexity of the City of Huntington Beach. Total water use per person in the City has historically been less than total water use per person in Orange County. For comparison, Municipal Water District of Orange County (MWDOC) reported total water use in their service area for 2019/20 of 427,701 AFY serving a population of 2,342,740, which equates to 0.183 acre-feet per person (163 gallons per capita per day (GPCD)). During the same period, the City of Huntington Beach’s usage was 25,966 AFY serving a population of 198,725 or 0.131 acre-feet per person (117 GPCD), almost 30% less. Existing Water Demand Per the 2020 UWMP, 2019/20 demand, including unaccounted for water, was determined to be an average of 25,966 AFY (23.2 million gallons per day (MGD)) or 16,098 gallons per minute (gpm). Projected Water Demand In order to be consistent with the City’s UWMP, future 2045 water demands were projected based on the 2020 UWMP. However, the UWMP did not include impacts from RHNA, so those demands were added. Based on the foregoing, the 2045 water demand is 252 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-3 Tetra Tech, Inc. Water Master Plan Update projected to increase to 30,538 AFY or approximately 27.3 MGD, 17.6% higher than the 2020 demand of 25,966 AFY. This increased water demand equates to an annual water demand growth of approximately 0.7% per year, compounded annually. Maximum Day Demand (MDD) is the highest daily demand over the year and is an important metric in water master planning. Typically, an agency provides capacity to meet the MDD from supply sources. Demands above the MDD including peak hour demands and fire flows can then be met from storage facilities such as reservoirs. The City’s MDD has been determined to be 1.8 times the average day demand based on analysis of existing historical patterns. With an existing average day demand of 23.2 MGD or 16,098 gpm, the existing MDD is 41.8 MGD or 28,976 gpm. For the year 2045, or Build-out, the projected average day demand increases to 27.3 MGD or 18,932 gpm and the MDD increases to 49.1 MGD or 34,078 gpm. ES.4 Water Supply and Reliability City water supply has historically come from groundwater production and from supplemental, treated, imported water purchased from MWDOC, which is a member agency of the Metropolitan Water District of Southern California (MWD). As a member agency of Orange County Water District (OCWD), the City is entitled to produce groundwater from the Orange County Groundwater Basin (Basin). The Basin, which is managed by OCWD, is unadjudicated. The City and other Basin producers pay a Replenishment Assessment (RA) to OCWD for all groundwater produced up to a percentage of the producer’s total water supplies used to meet demands. This percentage is called the Basin Production Percentage (BPP), which is set uniformly for all producers annually by OCWD based on Basin conditions and long-term projections. For FY 2021/22, OCWD set the BPP to 77%, where it has been for the previous three years due to drought conditions and low Basin levels. In mid-year FY 2022/23, the BPP was adjusted and was set to an average of 85%. OCWD set a BPP of 85% for FY 2023/24. OCWD increased the RA to $624/acre-foot for FY 2023/24. In addition to the RA, OCWD charges a Basin Equity Assessment (BEA) for pumping in excess of the BPP, which is basically a penalty to help maintain the Basin at projected levels. The BEA essentially equates the cost of groundwater pumped over and above the BPP to the rate charged for imported replenishment water from MWDOC. The BEA rate will vary slightly between different member agencies of OCWD, as the rate is adjusted based on each member agency's groundwater pumping costs. It benefits the City to use groundwater up to the maximum allowable BPP because groundwater is less expensive and more reliable than imported water. The City supplements groundwater with treated, imported water from MWDOC at the current rate of $1,124/acre-foot exclusive of connection charges, readiness to serve charges, and other fixed fees, while the groundwater rate for 2021/22 is only $253.50/acre-foot. Both imported water and groundwater rates shown above are costs to purchase water and does 253 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-4 Tetra Tech, Inc. Water Master Plan Update not include capital or operating and maintenance expenses such as energy, chemical, well rehabilitation/maintenance and other costs. The City’s (FY 2021/22) cost for producing groundwater up to the BPP including the RA and energy costs (but not including other well operation and maintenance costs) is $320.50/acre-foot. The City’s water supply averaged 60% pumped groundwater and 40% imported purchased water over the six-year period (2014/15 to 2019/20). It should be noted, however, that the City participates in the In-Lieu or Cyclic Storage Program offered by OCWD and MWD, when available. This is a groundwater program that refills the Basin by avoiding pumping from the Basin and is usually offered in the wetter years and in the lower demand period of October through April. In addition, OCWD also periodically offers the City water through the Coastal Pumping Transfer Program (CPTP), which is similar to the In-Lieu program. The City has a current well supply capacity of approximately 27,050 gpm from nine existing wells. However, the normal operating capacity of these existing wells is approximately 20,350 gpm or 75% of total capacity. The reason the normal operating capacity is less than total capacity is that some of these wells are not operated at 100% of capacity in consideration of such factors as groundwater level, water quality, availability of in-lieu water, etc. Additionally, the life of the wells and associated supply equipment can be prolonged when operating at less than full capacity. The City is fortunate to overly the Basin, which has been able to sustain BPPs from the mid-60s to 70 percent throughout past years. During preparation of the City’s 2020 UWMP, OCWD conservatively projected that a BPP of 75 percent could be maintained throughout the next twenty-plus years. This means that the City can assume that at least 75 percent of its projected demands can be met by local groundwater produced from City wells overlying the Basin. However, due to current favorable basin conditions, the continuing move toward water conservation, and the expanded Groundwater Replenishment System (GWRS) projections, OCWD staff has indicated that they will be increasing the BPP to 85% for 2023/24 and feel that agencies could easily use 85% as a conservative BPP projection for long-term planning. An analysis was conducted to determine the ability of the current well supply to meet a BPP of 85% with projected 2025 (near term) and 2045 (build-out) demands assuming normal operating capacities of the wells and historical demand patterns by month. The result is that without running the wells beyond the normal operating capacity for long periods of time in the summer months there could be reliability issues if one or more wells are down for any reason. If this occurred, the City could still meet these maximum monthly demands by utilizing additional quantities of imported water and could potentially still catch up to the BPP by pumping more in the winter months. However, it is recommended that a well study be conducted to analyze this in more detail as well as evaluate the condition of all existing wells and their remaining useful life, potential water quality issues related to high chloride levels in the vicinity of three of the City’s wells near the Peck/Springdale Reservoir complex, potential water quality issues due to future more stringent regulations, and the potential need for replacement wells or new wells at new sites altogether in the future. 254 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-5 Tetra Tech, Inc. Water Master Plan Update Water Quality The City’s water supply, made up of groundwater and imported treated surface water, consistently meets or exceeds all State and federal potable water quality standards. In addition, based on historic water quality, the groundwater is anticipated to meet recently adopted and proposed federal and State water quality regulations including a new lower maximum contaminant level (MCL) for arsenic, an upgraded rule for groundwater disinfection, an MCL for radon, new monitoring requirements for disinfectant byproducts, and an MCL for hexavalent chromium. However, the City will need to monitor proposed radon regulations, as the State has not yet determined which radon mitigation program will be implemented. The development of standards for PFOA, PFOS, and other PFAS are among the priorities of the Division of Drinking Water. Currently, there are no maximum contaminant levels (MCLs) established for PFAS, however, notification levels (NLs) are established as precautionary measures for contaminants that may be considered candidates for establishment of MCLs but have not yet undergone or completed the regulatory standard setting process. Response levels (RLs) are set even higher than NLs and represent a recommended chemical concentration level at which water systems consider taking a water source out of service or provide treatment. Starting in January 2020, water systems that receive an order and detect levels of PFAS substances that exceed their RLs shall take that water source out of use, treat the water delivered, or provide public notification. As of the date of writing of this master plan, only one active City well has been affected by the PFAS notification levels. Well 6 had been tested with PFHxS exceeding the notification level in March of 2023. The City is addressing unique issues at a handful of its wells. Well 3A has recently been taken out of service for exceedance of MCL for Manganese. The City is working on a treatment system in an effort to bring the well back into service with minimum downtime. Additionally, Well 9 has recently experienced odor issues caused by high H2S levels. This odor is currently being mitigated using granular activated carbon. ES.5 Facilities and Operation The City’s existing potable water system facilities and pipelines are shown on Figure 4-1 and the system hydraulic schematic is shown on Figure 4-2. The City’s existing storage system consists of four reservoirs (Overmyer, Peck, Springdale and Edwards Hill), all located in the lower pressure zone (Zone 1), with a combined storage capacity of 55.0 million gallons (MG). The Peck and Springdale reservoirs are located at the same site in the northerly portion of the City. Booster stations are located at the three reservoir sites to pump water from the reservoirs into the distribution system. The City’s service area is composed of two pressure zones: Zone 1 and Zone 2. Ground elevations in Zone 1 vary between 5 feet below and 80 feet above sea level. The Overmyer, Peck and Edwards Hill booster pump stations boost water from their respective reservoirs into the Zone 1 distribution system. Zone 2 serves the 800-acre Reservoir Hill area that rises to an elevation of 109 feet. The Reservoir Hill Booster 255 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-6 Tetra Tech, Inc. Water Master Plan Update Pump Station, which is located at the Overmyer site, boosts water from Zone 1 into Zone 2. The Edwards Hill Booster Pump Station also has Zone 2 pumps. In addition to the four booster pump stations and storage reservoirs, the City’s existing potable water distribution system includes eight currently active well facilities that pump directly into the distribution system; three imported water service connections; four emergency water connections with neighboring public water systems; and 594 miles of transmission and distribution piping ranging in size from 4 inches to 42 inches in diameter. ES.6 Storage and Emergency Supply The City currently has 55.0 MG of storage capacity located at the Overmyer, Peck, Springdale and Edwards Hill reservoirs. Booster Stations are located at the Overmyer, Peck/Springdale, and Edwards Hill sites to pump water from the reservoirs into the Zone 1 distribution system to appropriate pressures. The Reservoir Hill Booster Pump Station, which is located at the Overmyer site, boosts water from Zone 1 into Zone 2. In addition to pumping to Zone 1, the Edwards Hill Booster Pump Station also boosts water into Zone 2. As recommended in the City’s last four master plans, a 10 MG storage reservoir, the Southeast Reservoir, and a 11,000 gpm booster pump station is proposed in the southeast quadrant of the City to improve water supply reliability and storage for the area south of the Newport-Inglewood Fault and south of Bolsa Chica. Currently there are no storage reservoirs or supply sources located south of the fault and an earthquake on this fault could potentially interrupt water conveyance across the fault, leaving the southern portion of the City with limited ability to obtain potable water or even eliminating all potable water conveyance to the area. Construction of a Southeast Reservoir and Booster Pump Station would increase the total storage capacity to 65.0 MG. The City’s existing storage volume is more than adequate for all operational and the highest fire flow demand in either of the two pressure zones. Emergency storage is calculated after required operational and fire flow volumes are depleted. Using this methodology, the City has 1.62 days of emergency storage volume at existing demands and 1.38 days at projected year 2045 average demands. With the addition of the 10.0 MG Southeast Reservoir, the City would have 2.05 days of existing demand and 1.74 days of projected 2045 demand in storage. These emergency storage volumes place the City approximately in the middle of 24 water agencies surveyed by the City’s Department of Public Works in 2001. Backup water supply can augment storage during certain specific emergency water supply scenarios. In this regard, several different emergency storage/supply scenarios were evaluated including a complete loss of the City’s imported water supply coupled with a 7-day electrical power outage. 256 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-7 Tetra Tech, Inc. Water Master Plan Update Likely causes for an imported water outage or reduction in supply could be a break in an imported water transmission main or mains or an outage at a water treatment plant caused by an earthquake or other event. It was determined that the City has sufficient emergency storage, groundwater supply, and emergency power to withstand an imported water outage of 31 days or longer coupled with an electric power outage lasting the first 7 days of this emergency scenario. Another possible emergency scenario is a complete loss or reduction in the City’s groundwater supply from the Orange County Groundwater Basin, conceivably as a result of Basin groundwater contamination. It was determined that the City has sufficient emergency storage and imported water supply capacity to withstand this emergency scenario as well. The maximum allocation of 22,000 gpm of imported water from MWDOC would be more than sufficient to meet the City’s average day demands of 14,146 gpm and 15,146 gpm, which is the City’s 2025 and year 2045 average day demands, respectively, reduced by 20% through public notification. Assuming that there is a strain on the imported water supply presumably because of other basin producers affected by similar groundwater shortages, the City of Huntington Beach could rely upon emergency storage to supplement supply and has approximately 37 MG of existing emergency storage available. ES.7 Water Transmission and Distribution System Modeling In the 2012 Water Master Plan Update, the hydraulic model provided by the City staff was validated and updated with analysis of projected future 2035 demand conditions. However, since then, annual demands have actually decreased while population increased, primarily due to a steady trend of water reduction through aggressive water conservation efforts. The projected future 2035 demand from the 2012 Water Master Plan was 34,657 AFY, while the projected future 2045 demand from this master plan is 30,538 AFY. In addition, no major physical pipeline or supply improvements have been made since 2012, and any proposed improvements from “New Projects” listed in Table 7-3 would enhance the water system hydraulically. Minor pipeline improvement projects completed since the 2016 Water Master Plan have been added to the model as listed in Table 6-1 and 6-2. In the future, as major improvements are constructed, the City’s water engineering team will update the model accordingly. The City’s existing hydraulic network model was originally created by the City in 1998 to analyze the City water transmission and distribution system performance. This model has been updated and refined over the years. For this master plan, the latest model was provided by City staff at the outset of the project. The modeling software is Water GEMS by Bentley Systems. The model is used routinely by City staff and contains numerous scenarios. It contains all pipes in the existing water distribution system, and several demand allocations including those representing existing and estimated future demand conditions for average day, maximum day, and peak hour demands. For this report, the existing demands were revised to correspond to the reduced demands experienced over the past few years, as consistent with the City’s 2020 UWMP. Then a 257 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-8 Tetra Tech, Inc. Water Master Plan Update series of validation analyses were conducted to verify that the model adequately simulated observed operating conditions within the distribution system. Hydraulic analyses conducted for this project used the existing system model to create a series of extended period simulation (EPS) analyses using a representative typical week of diurnal curves. Hydraulic analyses were conducted under existing and future year 2045 demand conditions. These hydraulic analyses were then used to confirm or develop sizing on capital improvements and develop system optimization recommendations. ES.8 Capital Improvement Program A financing plan was adopted in 1995 to pay for water system project improvements identified in that master plan as well as projects remaining from the 1988 Water Master Plan. The water master plan Capital Improvement Program (CIP) was last updated through the 2016 Water Master Plan and this plan updates those capital projects based on current and projected system demands, more refined modeling techniques, potential alternative capital projects to the Southeast Reservoir and Booster Station project, the status of the original recommended CIP, and updated cost information. New projects identified from this Water Master Plan Update, including those that may arise from future studies, may require raising user rates. Savings generated from the recent removal of the water desalination project from the City’s Water Master Plan projects, or through savings from any of the other remaining Water Master Plan projects above may lessen the anticipated rate increase. Remaining Water Master Plan Projects Water master plan projects that remain to be constructed from the 2016 Water Master Plan are listed below in Table ES-1, identified by their project numbering from previous 1995, 2000, 2005, 2012, and 2016 water master plans. Projects for which money has been encumbered prior to May 30, 2012 are not included as a remaining master plan project and those encumbered funds are therefore not included as available. The estimated costs for the remaining twenty-two (22) capital projects described above, in 2022 dollars, are summarized along with their year of anticipated design and construction on Table ES-1. New Water Master Plan Projects Eleven (11) new Water Master Plan projects and annual programs have been identified below, numbered from No. 58 to No. 68. These new projects and remaining projects above will all be funded by available Water Master Plan funds and will be prioritized and implemented in a reasonable manner in accordance with need and funding ability. The estimated costs for the new capital projects described below, in September 2022 dollars, are summarized along with their year of anticipated design and construction on Table ES- 2. This preliminary design and construction phasing can be adjusted as needed following the financial plan analysis. 258 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-9 Tetra Tech, Inc. Water Master Plan Update Improvement Projects Categorized Into 8 Programs All 33 improvement projects and programs identified and described above are divided into 8 Capital Improvement Water Programs with recommended phasing over the next 20 years and an estimated uninflated total cost of $ 177 Million. They are as follows: • Water System Corrosion Control - 3 Projects/Programs - $8.5 Million • Water Resiliency Program – 3 Projects/Programs - $47.0 Million • Water Main Replacements - 4 Projects/Programs - $40.8 Million • Water Production System Improvements - 11 Projects/Programs - $57.7 Million • Water Facilities Security Improvements - 5 Projects/Programs - $1.2 Million • Water Engineering Studies - 5 Studies/Programs - $1.1 Million • Unanticipated/Emergency – 1 Project - $0.2 Million • Sustainability Projects – 1 Project - $1.5 Million Recommendations for Additional Studies Section 3.3.9 of this Water Master Plan recommends a Groundwater Master Plan be developed. This plan would assess the condition of each of the City’s existing wells, determine their remaining useful life, and develop a systematic approach to replacement of wells in their same general location and/or the addition of new wells at future locations. 259 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-10 Tetra Tech, Inc. Water Master Plan Update Table ES-1 Estimated Costs for Remaining Master Plan Projects Project # from 2016 WMP Project Name Estimated Design FY Estimated Design Costa,b Estimated Construction FY Estimated Construction Costa,c Total Estimated Cost Program Category Priority 12 Well 13 Permanent Wellhead 2030 $289,000 2025 $2,599,000 $2,888,000 Production 4 13 Southeast Reservoir and Booster Pump Station 2033 $2,306,000 2034-35 $27,653,000 $29,959,000 Resiliency 5 14 Southeast Reservoir Transmission Main 2033 $726,000 2034-35 $7,733,000 $8,460,000 Resiliency 5 14A New Connection – Overmyer to SE TM 2033 $781,000 2034-35 $7,811,000 $8,593,000 Resiliency 5 1.75 mi. 36” to 42” in Huntington Street $723,000 $7,225,000 $7,948,000 Interconnects at Overmyer Reservoir $37,000 $370,000 $407,000 PRVs at SE Reservoir and Atlanta/Downtown Lp $22,000 $218,000 $238,000 26 New Well No. 14 2025 $1,083,000 2026-27 $6,138,000 $7,221,000 Production 1 27 New Well No. 15 2028 $1,083,000 2029-30 $6,138,000 $7,221,000 Production 1 31 Aging Pipe Replacement (Include 5% of AC Pipe) Annualf $3,610,000 Annualf $36,104,000 $39,714,000 Replacement 3 260 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-11 Tetra Tech, Inc. Water Master Plan Update 34 8” Pipe Replacement Humboldt Bridge Rehab 2024 $36,000 2025 $108,000 $144,000 Replacement 3 35 OC-9 Replace 22” for I-405 Widen (OCTA Pays) 2017 -- 2023 -- -- Replacement DONE 41 Groundwater Master Plan 2025 $217,000 NA -- $217,000 Study 2 42 Security at Well 3A 2025 $72,000 2026 $144,000 $217,000 Security 4 43 Security at Well 6 2027 $73,000 2028 $144,000 $217,000 Security 4 45 Security at Well 9 2031 $73,000 2032 $144,000 $217,000 Security 4 46 Security at Well 10 2033 $73,000 2034 $144,000 $217,000 Security 4 48 Water System Corrosion Control Annualf $60,000 Annualf $1,444,000 $1,504,000 Corrosion 3 50 WMP and Financial Plan Updates Every 5 Years $289,000 NA -- $289,000 Study 3 51 Urban Water Management Plans Every 5 Years $289,000 NA -- $289,000 Study 3 52 8.6 Miles OC-44 Corrosion Controld,e NA -- 2028-29 $2,475,000 $2,475,000 Corrosion 3 53 WOCWB OC-35 and OC-9 Corrosion Controlh 2024-26 $420,000 2025-27 $5,250,000 $5,670,000 Corrosion 1 54 OC-44 Scour Protection 30” at Creek Crossinge 2024 $25,000 2025 $371,000 $396,000 Replacement 3 55 Overmyer Booster Station Dual Drive 2030 $433,000 2031-32 $2,455,000 $2,888,000 Production 5 261 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-12 Tetra Tech, Inc. Water Master Plan Update 56 Peck Reservoir Roof Replacement 2032 $1,045,000 2033-34 $6,955,000 $8,000,000 Production 1 TOTAL $13,765,000 $121,623,000 $135,389,000 a) Estimated Cost estimates as of August 2022. Includes January CCI (LA ENR = 12556) and an estimated 20% increase to current month (August). Escalation of design and construction costs will be accounted for in the Financial Plan b) Design Costs range from 5 to 15% of construction costs, depending on project size and complexity and include preliminary design, final design, potholing, geotechnical, survey, and bidding services. c) Construction Costs include construction management and City project management. Construction management costs range from 2.5 to 5% of construction costs for shop drawings, RFIs, field visits, etc., but do not include inspection services. d) City project management costs range from 5 to 9% of construction costs and may include inspection services depending on the project type. e) City of Huntington Beach only responsible for portion of cost based on proportion of ownership (41.4%) f) Design already complete or costs encumbered. g) Amount shown is the sum of 20 years. h) City of Huntington Beach only responsible for portion of cost based on proportion of ownership (52.5%) 262 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-13 Tetra Tech, Inc. Water Master Plan Update Table ES-2 Estimated Costs for New Master Plan Projects Project # Project Name Estimated Design FY Estimated Design Cost Estimated Construction FY Estimated Construction Cost Total Estimated Cost Program Category Priority 58A Well 1A Sodium Hypochlorite On-site Generation 2024-28 $8,678 2025-29 $368,618 $377,296 Production 2 58B Well 3A Sodium Hypochlorite On-site Generation 2024-28 $9,553 2025-29 $405,774 $415,327 Production 2 58C Well 4 Sodium Hypochlorite On-site Generation 2024-28 $15,683 2025-29 $666,204 $681,887 Production 2 58D Well 5 Sodium Hypochlorite On-site Generation 2024-28 $9,931 2025-29 $421,869 $431,800 Production 2 58E Well 6 Sodium Hypochlorite On-site Generation 2024-28 $18,291 2025-29 $776,969 $795,260 Production 2 58F Well 7 Sodium Hypochlorite On-site Generation 2024-28 $22,275 2025-29 $946,196 $968,471 Production 2 58G Well 9 Sodium Hypochlorite On-site Generation 2024-28 $18,917 2025-29 $803,543 $822,460 Production 2 58H Well 10 Sodium Hypochlorite On-site Generation 2024-28 $16,534 2025-29 $702,345 $718,879 Production 2 58I Well 13 Sodium Hypochlorite On-site Generation 2024-28 $20,798 2025-29 $883,466 $904,264 Production 2 263 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-14 Tetra Tech, Inc. Water Master Plan Update 58J Edwards Hill Reservoir Sodium Hypochlorite On-site Generation 2024-28 $14,195 2025-29 $602,973 $617,168 Production 2 58K Overmyer Reservoir Sodium Hypochlorite On-site Generation 2024-28 $15,899 2025-29 $675,355 $691,254 Production 2 59A Well 1A Hydrofluorosilicic Acid On-site Generation 2024-28 $8,678 2025-29 $368,618 $377,296 Production 2 59B Well 3A Hydrofluorosilicic Acid On-site Generation 2024-28 $9,553 2025-29 $405,774 $415,327 Production 2 59C Well 4 Hydrofluorosilicic Acid On-site Generation 2024-28 $15,683 2025-29 $666,204 $681,887 Production 2 59D Well 5 Hydrofluorosilicic Acid On-site Generation 2024-28 $9,931 2025-29 $421,869 $431,800 Production 2 59E Well 6 Hydrofluorosilicic Acid On-site Generation 2024-28 $18,291 2025-29 $776,969 $795,260 Production 2 59F Well 7 Hydrofluorosilicic Acid On-site Generation 2024-28 $22,275 2025-29 $946,196 $968,471 Production 2 59G Well 9 Hydrofluorosilicic Acid On-site Generation 2024-28 $18,917 2025-29 $803,543 $822,460 Production 2 59H Well 10 Hydrofluorosilicic Acid On-site Generation 2024-28 $16,534 2025-29 $702,345 $718,879 Production 2 59I Well 13 Hydrofluorosilicic Acid On-site Generation 2024-28 $20,798 2025-29 $883,466 $904,264 Production 2 59J Edwards Hill Reservoir Hydrofluorosilicic Acid On- site Generation 2024-28 $14,195 2025-29 $602,973 $617,168 Production 2 59K Overmyer Reservoir 2024-28 $15,899 2025-29 $675,355 $691,254 Production 2 264 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH ES-14 Tetra Tech, Inc. Water Master Plan Update Hydrofluorosilicic Acid On- site Generation 60 Independent Review of all City Water Facilities by Engineering Firm. 2025 $300,000 -- -- $300,000 Study 1 61 Lead and Copper Rule Revision (LCRR) Inventory Study and GIS Update 2024 $50,000 -- -- $50,000 Study 2 62 Well No. 8 Replacement / Rehabilitation 2024 $330,000 2024-25 $2,900,000 $3,230,000 Production 1 63 New Water Well No. 16 2025 $1,083,000 2025-26 $6,138,000 $7,221,000 Production 2 64 Water Facilities SCADA Cybersecurity Improvements 2023 $300,000 2023-24 -- $300,000 Security 4 65 Well Quality Emergency Mitigation/Treatment Program 2024 $200,000 -- -- $200,000 Unanticipated/ Emergency 5 66 Electrical Vehicle Charging Stations at the Utilities Yard 2028 $300,000 2029 $1,200,000 $1,500,000 Sustainability 5 67 Manganese Treatment System at Well 3A 2024 $200,000 2024 $2,000,000 $2,200,000 Production 1 68 Well 4 Rehabilitation 2024 $150,000 2024 $1,350,000 $1,500,000 Production 1 TOTAL $3,255,000 $28,095,000 $31,350,000 265 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 1-1 Tetra Tech, Inc. Water Master Plan Update 1 CITY CHARACTERISTICS AND PROJECTED GROWTH The City has reached near full development with less than 1% of land remaining vacant. It is assumed that this land will be developed ultimately with the exception of land designated as open space, which is assumed to remain open space, i.e. no projected increase in future water demands. However, development and redevelopment projects that are either on-going or planned will affect future water demands. The City’s population is projected to increase 3.6% by 2045, with housing projected to increase 1.42%1. However, this number does not include projected population increase due to the City’s 6th Cycle RHNA allocation. The City’s 6th Cycle RHNA allocation requires the City to demonstrate zoning capacity for 13,368 housing units between the years 2021 through 2029. The City’s population (including population associated with RHNA) is projected to increase by 20.2% by 2045 with number of housing units to increase 17.6%. These calculations assume the entire 13,368 RHNA units are constructed and occupied. 1.1 Land Use There are 17,482 acres of land within the City’s limits according to the general plan land use categories in the City’s current General Plan. Existing land use in the City is shown on Figure 1-1 and is tabulated in Table 1-1. The existing land use presented below is from the City’s current General Plan which can be found at https://www.huntingtonbeachca.gov/government/departments/planning/gp/index.cfm and from the vacant land survey in 2018. Land Use presented in this water master plan is solely for the purposes of estimating water demands. As shown in Table 1-1, only 0.59% of the City remains as vacant land (103 acres). Of this vacant land, approximately 46% is designated residential, 12% mixed use, 4% commercial, 33% industrial, and 5% is designated open space. It is assumed that all of this land will be developed ultimately with the exception of land designated as open space, which is assumed to remain open space, i.e. no projected increase in future water demands. In addition to the General Plan land use designations, the City also has 17 Specific Plans. The Specific Plans that are currently experiencing the most development are the Beach and Edinger Corridors Specific Plan, the Downtown Specific Plan, the Holly-Seacliff Specific Plan, and the Bella Terra Specific Plan. The largest land use in the City is residential at 8,066 acres (approximately 46% of the total). Approximately 70% of the residential land use is low density residential (3 to 7 dwelling units (DU) per acre). Commercial land use is spread out over the City (570 acres) to provide local services and daily needs to nearby residents. 1 Center for Demographic Research (CDR) at California State University Fullerton, 2022 Orange County Projections, 2022. 266 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-2 The General Plan Land Use Map is shown on Figure 1-2. Approximately 638 acres in the City are designated for Mixed Use, which permits a combination of commercial uses and a variety of housing types. The Mixed Use designation permits either vertical or horizontal integration of these uses. As shown on Figure 1-2, a large portion of the mixed use land borders Beach Boulevard from Adams Avenue to Edinger Avenue as part of the Beach and Edinger Corridors Specific Plan. Mixed use land use is also designated in the downtown area near the Main Pier. The large mixed use area with horizontal integrated housing located between the Seacliff Golf Course and PCH is already partially developed in accordance with the Palm/Goldenwest Specific Plan. 267 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-3 Figure 1-1 Existing Land Use 268 Ge iera l Pla n De igi 1ation s ....... , ..... _it. ...... •-.----·· .. ·~ --.. -..... .....,._ .. ..,....., ... ,,....,:..r.- Rbsld<nlio l J;"J lml'0..:-S(l'i,ilil11U'lilt.i ~ .. 0...,, ... 1'!1 .t.a"tct IB.~1~,,LMlllct.,-U..~dr..aq ni,tDatttt ~m.a:) '1'1111111~-,gii_r,.C~l-.•J.I! -(r'l,:ie,l"'flil1~fi\R) ---~J.nfJIMlr,,i;,n,~ R'I Pa!Hw:hwcT~r-ia:tDfNI.I -~WiH~ -;..-Pllll 4P l!i~'l::Pkl~-- -.. i1Di2U1i1~ PIH< . .,,.., r:i ~ .. ~!:!(l•ka•I General P lan City ofHuntington Beac h ,,.. CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-4 Table 1-1 Existing Land Use General Plan Land Use Category Total Net Area % Land Use Vacant Area % of Vacant Land (Ac) (Ac) Residential Low Density (3 to 7 DU/Ac) 5666 32% 26.59 26% Medium Density (15 DU/Ac) 1185 7% 19.83 19% Medium High Density (25 DU/Ac) 1034 6% 1.29 1% High Density (30+ DU/Ac) 181 1% 0.36 0% Subtotal 8066 46% 48.07 47% Mixed Use 637.9 4% 11.77 11% Commercial Commercial Visitor 166 1% 0 0% Commercial General 297 2% 2.41 2% Commercial Neighborhood 91 1% 1.65 2% Commercial Office 16 0% 0 0% Subtotal 570 3% 4.06 4% Industrial 1128 6% 34.13 33% Open Space & Other Open Space - Conservation 172 1% NA NA Open Space - Recreation 238 1% NA NA Open Space - Park 701 4% NA NA Open Space - Shore 434 2% NA NA Open Space - Water Recreation 239 1% NA NA Subtotal 1784 10% 4.88 5% Public and Community Service 5297 30% 0 0% TOTAL 17,482 100% 102.91 100% 269 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-5 Figure 1-2 General Plan Build-out Land Use 270 Gener.ii Pinn De ·igm1tion ••~M~~l!L•' ~,...i.,_.,~a; n..;r,,r,d. r.,.,iw~ " "· " ~ .. " " .,,, ........... » .. .. ,, ....... ,..,~ .. ... , • .,, •• r("o':11 .. .. .... :et--HW'IM ...... •-1..r,.,...,_ l'llf\f\.ol "lo -~-~ •·----·· ·----.. _,_ ---11M W--•a...ii. ' -~-=--=--.. ·"'-- General Plan City ofHuntington Beach ........ a~•M ~~ CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-6 Open space comprises 1,784 acres or 10.2% of the City. Huntington Central Park is the largest public park in the City at 343 acres. The Seacliff Golf Course and the Meadowlark Country Club constitute the open space recreation land use in the City at 238 acres. There are 1,128 acres of industrial land in the City. The largest industrial area is in the northwest area of the City where Boeing and the McDonnell Center Business Park are located. The second largest industrial area is the Gothard Industrial Corridor that borders Gothard Street between Ellis Avenue and Edinger Avenue. Another industrial area in the City is the Southeast Industrial Area, which is actually a composite of industrial, public, and open space conservation zoned land uses. The AES Huntington Beach Generating Station (power plant) is located in this area. A 38-acre former land fill is also located in the Southeast Industrial Area. The Orange County Sanitation District No. 2 Wastewater Treatment Plant is located in the far southeast corner of the City. Both the power plant and the treatment plant are large City water users. In addition to land use and growth anticipated by the General Plan, the City must plan for future regional housing growth. State law requires jurisdictions to plan for their share of the RHNA. SCAG determines the housing growth needs by income for local jurisdictions through the RHNA process. The City’s RHNA allocation for the 2021 - 2029 planning period is 13,368 units. This includes 3,661 units for very low-income households, 2,184 units for low-income households, 2,308 units for moderate-income households, and 5,215 units for above moderate-income households. It should be noted that the City’s RHNA targets for 2021-2029 reflect greater residential growth than is anticipated in the General Plan, which has a horizon year of 2040. The City is in the process of updating the General Plan Housing Element to provide adequate zoning capacity to accommodate its RHNA allocation. As a result of the Housing Element Update, amendments to the land use map shown in Figure 1-2 will probably occur in the next one to three years. 1.2 Population and Housing The population of the City’s water service area is estimated at 198,725 for 2020, and is growing with very little remaining vacant land. Projected population is shown in Table 1- 2 and is projected to increase by 3.6% from 2020 to 2045. The City provides water to over 55,028 service connections. The Huntington Beach water service area is predominantly residential with over 92 percent of water service connections serving single-family and multi-family residences. The population per household for the City of Huntington Beach was estimated at 2.44 by the Center for Demographic Research (CDR) at California State University Fullerton in 2020. This average population per household is for the City of Huntington Beach which makes up almost the entire water service area (excluding Sunset Beach). 271 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-7 Utilizing CDR’s 2020 Orange County Projections (OCP), a 3.6 percent increase in population is expected over the next 25 years in the City’s water service area, from 198,725 in 2020 to 205,907 in 2045. The total dwelling units in the water service area are projected to increase 1.4 percent from 82,524 in 2020 to 83,693 in 2045. For comparison, population and total dwelling units for Orange County are projected to increase 8% and 7.4%, respectively, between 2020 and 2045. Historical and projected water service area population and housing is shown in Table 1-2. The population density using the 2020 CDR OCP data is 2.44 and is projected to increase slightly to 2.48 in 2040 and then return to 2.46 in 2045. However, if vacancy rates return to more normal rates; population density will increase in the water service area. Population density is important in that an increase in people per dwelling unit will result in an increase in water demand, even if total housing units remain constant. Table 1-2 Historical and Projected Population and Housing Historical Projected 2000 2010 2020 2025 2030 2035 2040 2045 Population 189,594 189,992 198,725 203,713 206,499 207,479 207,402 205,907 Annual % Increase -- 0.21% 4.60% 2.51% 1.37% 0.47% -0.04% -0.72% Total Dwelling Units 75,662 78,644 82,524 83,071 83,236 83,615 83,636 83,693 Annual % Increase -- 3.94% 4.93% 0.66% 0.20% 0.46% 0.03% 0.07% Population/DU 2.51 2.42 2.41 2.45 2.48 2.48 2.48 2.46 Source: Center for Demographic Research, California State University Fullerton 2022 1.2.1 Population Projections including RHNA Housing Allocation In addition to population growth anticipated in Table 1-2, population and housing growth needs have been determined by SCAG through the RHNA process. The City’s RHNA allocation for the 2021-2029 planning period is 13,368 units. Assuming the trajectory for population per dwelling unit as in Table 1-2, the projected population including the RHNA allocation from 2020 to 2045 has been calculated. These calculations assume that the entire 13,368 RHNA units are constructed and occupied. Projected population is shown in Table 1-3 and is projected to increase by 20.2% from 2020 to 2045 with housing units projected to increase by 17.6%. 272 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 1-8 Table 1-3 Projected Population and Housing Including RHNA Housing Allocation Historical Projected 2000 2010 2020 2025 2030 2035 2040 2045 Population 189,594 189,992 198,725 219,900 239,578 240,518 240,570 238,770 Annual % Increase -- 0.21% 4.60% 10.66% 8.95% 0.39% 0.02% -0.75% Total Dwelling Units 75,662 78,644 82,524 89,755 96,604 96,983 97,004 97,061 Annual % Increase -- 3.94% 4.93% 8.76% 7.63% 0.39% 0.02% 0.06% Population/DU 2.51 2.42 2.41 2.45 2.48 2.48 2.48 2.46 273 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 2-1 Tetra Tech, Inc. Water Master Plan Update 2 WATER DEMAND Water demand has decreased over the past decade even though development has occurred, and the City’s population has increased during this time. Unaccounted-for water, which is the difference between water supply and water consumption and represents “lost” water, has decreased since 1995/96 and this decrease is attributed to a number of City programs, including: a leak detection survey conducted for the City in 1996/97, continued annual water loss audits through MWDOC, and a switch from hydrant flushing to using NO-DES (Neutral Output Discharge Elimination System) flushing technology. Water demands are estimated to increase 0.34% by the year 2045 over 2020 demand (which represents the Ultimate System for the planning period) as a result of proposed new development and a projected 3.6% increase in population. However, this number does not include projected demand increase due to the City’s RHNA housing allocation. Including demand due to additional RHNA housing allocation, water demands are estimated to increase 16.8% by the year 2045 over 2020 demand. 2.1 Historical Potable Water Production Historical potable water production for 10 years 2010/11 through 2019/20 is shown in Table 2-1. The City’s water year for the purposes of this report is July through June, whereas the City’s fiscal year during this period was October through September (the City has since changed their water fiscal year to July through June). The water year format is consistent with the Municipal Water District of Orange County (MWDOC) and Orange County Water District (OCWD) projections. All historical data presented in this water master plan is in accordance with the City’s water year and what has been presented in the City’s 2020 Urban Water Management Plan. Per the 2020 UWMP, 2019/20 demand was determined to represent average water demand at 25,966 AFY (23.2 million gallons per day (MGD) or 16,098 gallons per minute (gpm)). Goldenwest No. 4 and Meadowlark No. 2 are wells within the City that produce non- potable water (high color) and are used for irrigation purposes only. This non-potable water production is not included in the potable water production Table 2-1. Goldenwest No. 4 was removed from service in 2011. The effect of rainfall on water demand, primarily irrigation demand, is shown on Figure 2-1. Mean rainfall for the 10-year period shown is less than the long-term average of 11.31 inches. Water production has decreased since 2004 despite dry conditions. This can be attributed in part to the water conservation measures undertaken by the City and its residents in response to drought conditions from 2011 to 2017 and state regulations to reduce water consumption. The long-term effects of these water conservation efforts, even after the drought years, can be seen in the Table. 274 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 2-2 Tetra Tech, Inc. Water Master Plan Update Table 2-1 Historical Potable Water Production (Acre-Feet) Historical City Water Supply (2011-2020) 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 Average Total Water Production (AFY) 28,200 29,801 29,897 31,138 27,753 24,728 25,816 27,720 26,251 25,966 27,727 Non-Domestic Irrigation 180 212 237 254 239 248 222 225 182 192 219 Well to Waste Total Domestic Supply 28,020 29,589 29,660 30,884 27,514 24,480 25,594 27,495 26,069 25,774 27,508 Ratio to 10-Yr Average 1.01 1.07 1.07 1.11 0.99 0.88 0.92 0.99 0.94 0.93 1.00 Rainfall (in) 7.87 6.91 3.04 6.42 6.51 9.95 9.71 8.33 18.85 7.92 8.55 (1) Groundwater produced by Meadowlark No. 2 is non-potable due to high color and is used for irrigation (2) Test Pumping (3) Santa Ana John Wayne Airport #093184. Average for period of record is 11.3 (1921-2020) 275 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 2-3 Tetra Tech, Inc. Water Master Plan Update Figure 2-1 Historical Potable Water Production vs. Rainfall 276 35,000 30,000 Li:" 25,000 ct -C 0 ·,.::. 20,000 u ::::J ""C 0 0:: 15,000 I.. Cl.I .. n, 3: 10,000 5,000 0 I 2011 2012 2013 ~ Drought Conditions 20 18 16 14 12 -C - 10 ~ C 8 n, cc: 6 4 2 0 2014 2015 2016 2017 2018 2019 2020 Historical City Water Supply (2011-2020) Year -Rainfall (in) -Total Water Production {AFY) CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-4 2.2 Historical Water Consumption/Unaccounted-For Water Historical City water consumption and unaccounted-for water for the six years 2015/16 through 2020/21 is shown in Table 2-2. Water consumption was developed from City billing records. Unaccounted-for water, also referred to as non-revenue water is the difference between metered water production and metered water consumption and represents “lost” water. Unaccounted-for water occurs for a number of reasons: • Water lost from system leaking, i.e. from pipes, valves, pumps, etc. • Water used by the Fire Department to fight fires. This water is not metered. • Meter inaccuracies. Meters have an inherent accuracy for a specified flow range. Comparatively, there are few production meters and they are larger and more accurate and well maintained. There are thousands of consumption meters which are much smaller. Consumption meters tend to register at lower rates as they age (this is inherent from the design), and due to the numbers, are difficult to maintain to the same standards as the production meters. For these reasons, metering inaccuracies tend to increase the calculated unaccounted-for-water. • Estimated uses. Some water consumption is not metered but usage is estimated. This includes water used to flow test fire hydrants and water used to flush the distribution system. Based on the City’s 2016 Water Master Plan, unaccounted-for water averaged 5.6% during the six year period from 2009/10 to 2014/15. During the previous six year period from 2004/05 through 2009/10, unaccounted-for water has averaged 5.9 percent. Thus, over the past 11 years, unaccounted-for water has averaged 5.8 percent. Unaccounted-for water was 9.9 percent in 1995/96 but has decreased since then and has not reached those level since. This is largely due to a leak detection survey conducted for the City in 1996/97. A total of 498 miles of pipeline was surveyed, with a water loss of approximately 67,000 gpd quantified from 17 identified leaks. The annual water loss from these leaks was quantified as approximately 24.4 million gallons. The City repaired all of the leaks identified in the survey and has since implemented an on-going leak investigation and repair program as a measure to keep water losses to a minimum while facilitating cost savings2. As of the end of 2021, unaccounted-for water is at 6.9 percent, and ranks among the lowest rates for unaccounted-for water in the county. Unaccounted- for water from 2015/16 through 2019/20 has averaged 4.4% as shown on Table 2-2. It should be noted that statistical accounting errors occurred in 2016/17, resulting in a consumption exceeding production. This was the year that the accounting fiscal year was changed from October through September to July through June. Consumption numbers prior to 2016/17 and after 2016/17 are accurate as shown. 2 City of Huntington Beach, 2005 Water Master Plan, March 2006 277 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-5 Additionally, as of 2018 the distribution section switched from hydrant flushing to using NO-DES (Neutral Output Discharge Elimination System) flushing technology. This technology runs the water through a filter system that traps the turbidity and clears the water. No water is discharged to waste and the amount of unaccounted for water is decreased by this technique. The City will continue to use the calibrated hydraulic model of the water system, which will be updated as part of this master plan, to help estimate fire hydrant pressures. Only those fire hydrant pressures that are found to be deficient or close to deficient in the model will be verified in the field. Utilization of the model has essentially eliminated the need for fire hydrant flow tests. 278 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-6 Table 2-2 Historical Water Consumption Historical City Water Consumption/Production/Unaccounted-For Water (Acre-Feet) 2015 2016 2017 2018 2019 2020 Average Consumption 26,499 23,381 27,464 27,634 23,279 23,010 25,211 Production 27,752 24,728 25,816 27,720 26,251 25,966 26,372 Unaccounted-For Water 1,253 1,347 -1,648 86 2,972 2,956 1,161 Unaccounted-For Water % 4.5% 5.4% -6.4%1 0.3% 11.3% 11.4% 4.4% 1Statistical accounting error during switch in fiscal year accounting from October through September to July through June. The California Urban Water Conservation Council recommends a complete distribution system audit if unaccounted-for water exceeds 10%. With the City currently averaging less than 6%, an audit is not needed. Average daily per capita municipal and industrial (Per Capita M&I) water demand has been used by the water industry to measure and compare mean urban water demand. Per Capita M&I water demand includes the municipal, industrial, commercial, residential water demand, and unaccounted-for water associated with each person in the population. Historical Per Capita M&I water demand for the City is shown in Table 2-3. Table 2-3 Historical Per Capita M&I Demand Historical Per Capita Municipal and Industrial Water Demands 2015 2016 2017 2018 2019 2020 Average Total Demand (AF) 27,752 24,728 25,816 27,720 26,251 25,966 26,372 Population 197,456 199,224 199,927 199,495 199,742 198,725 -- Total Per Capita (gpcd) 125.5 110.8 115.3 124.0 117.3 116.6 118.3 Rainfall (in) 6.5 10.0 9.7 8.3 18.9 7.9 10.2 Although Per Capita M&I water demand is still a useful measure for evaluating urban water demand, the various demand components evaluated separately can offer a more complete perspective. Historical City water demands by billing classifications are shown in Table 2-4. 279 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-7 Table 2-4 Historical Water Demand by Billing Class Historical City Water Demands Per Billing Classifications (Acre-Feet) Demands Per City Billing Class 2015 2016 2017 2018 2019 2020 Average Single Family Residential 12,960 11,639 12,781 12,578 11,159 11,440 12,093 Multi-Family Residential 5,992 5,540 6,683 6,194 5,645 5,636 5,948 Population 197,456 199,224 199,927 199,495 199,742 198,725 199,095 Residential Per Capita (gpcd) 86 77 87 84 75 77 81 Commercial 3,706 3,122 4,360 3,659 3,646 3,039 3,589 Industrial 399 307 365 323 301 280 329 Institutional/Municipal 149 119 145 149 157 122 140 Irrigation 2,907 2,249 2,782 4,355 2,061 2,007 2,727 Other 386 405 348 377 309 486 385 Total Demand (AF) 26,499 23,381 27,464 27,634 23,279 23,010 25,211 The demand data is from City billing data and does not include unaccounted-for water. Residential per capita demand for the most recent six years 2014/15 through 2019/20 averaged 83 gpcd, which is 13% less than the previous 6 year (2009/10 through 2014/15) average residential per capita demand of 94.0 gpcd. The downward trend in strictly residential water use can be attributed in part to water conservation programs undertaken by the City including public information programs, school education programs, water survey programs, and plumbing fixture retrofits. It should be noted that the per capita residential use and total per capita use discussed above is not the same as the per capita calculation that must be reported as a part of the 20 x 2020 water conservation targets required by the State Department of Water Resources in Urban Water Management Plans starting with the 2010 Plan. The formula for developing the baseline per capita, 2020 target, and interim 2015 target to measure an agency’s success in meeting the 20% mandated conservation by 2020 is somewhat different. It includes total water use (exclusive of agricultural use) divided by total service area population but allows for credits for recycled water use. The City does not 280 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-8 have any direct recycled water use but does get a pro-rata credit for indirect recycled water based on OCWD’s Groundwater Replenishment System. Commercial and industrial water demand decreased from 3,770 in 2014/15 to 3,319 AF in 2019/20 (12% decrease). However, on average over the past 5 years, commercial and industrial demand has remained relatively flat and has decreased compared to previous master plan periods. Decreased water use for the Commercial and Industrial billing categories can be attributed in part to the City’s participation in MWDOC’s and MWD’s regional commercial, industrial, and institutional water-use efficiency programs, as well as the Metropolitan and MWDOC water allocation program put in effect in 2009/10 and lifted just prior to the end of 2010/11. Another reason for this decrease is the gradual implementation by the City of dual meters in place of single meters for metering commercial and industrial accounts as well as multi-family residential accounts. The purpose of this program is to separate irrigation use from potable water use as many of these meters currently measure both potable and irrigation water use. As new businesses come into the City or renovation of existing businesses occur, a separate irrigation meter is being installed by the owner when the landscape area exceeds 2,500 square feet. However, there is still a substantial amount of irrigation water use that is reported under the Commercial, Industrial and Multi-family billing categories. Implementation of this dual meter program has been occurring gradually over the past decade, plus. Under this program, one meter is dedicated to measuring internal water use under the Commercial or Industrial billing category, while a separate meter would be installed to measure irrigation water use under the Irrigation billing category. Over the five-year period from 2014/15 to 2019/20, total irrigation meters have increased from 993 to 1,521. Even with this 53% increase in irrigation meters, irrigation use has actually decreased from 2,338 AF in 2014/15 to 2,007 AF in 2019/20 due to water conservation, legislation changes, and water efficiency rebates. Also, Irrigation water use is greatly affected by rainfall amounts. However, due to the reasons indicated above, it is difficult to correlate Irrigation billing amounts to rainfall patterns. If the number of irrigation meters and acres being irrigated remained constant, a pattern could be more easily developed. The City participates in MWDOC’s regional landscape irrigation efficiency programs and institutes irrigation efficiency parameters in the City Municipal Code. 2.3 Projected Water Demands Demand projections were developed by MWDOC for each agency within their service area based on available data as well as land use, population and economic growth. The projections in 5-year increments to Year 2045 are shown in Table 2-5 and were obtained from the City’s 2020 UWMP. As shown in Table 2-5, the 2045 water demand is projected to be 26,054 AFY or approximately 23.3 MGD, 0.34% higher than the assumed 2020 normal year demand of 281 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-9 25,966 AFY. This increased water demand equates to an annual water demand growth of approximately 0.01% per year, compounded. Table 2-5 Projected Water Demands Projected Water Demands Water Demand 2020 2025 2030 2035 2040 2045 Total Demand (AFY) 25,966 26,399 26,524 26,339 26,093 26,054 Total Demand (MGD) 23.2 23.6 23.7 23.5 23.3 23.3 Population (1,000) 198.7 203.7 206.5 207.5 207.4 205.9 Total Per Capita (gpcd) 116.6 115.7 114.7 113.6 112.3 113.0 The projected water demands discussed above are average annual demands typically displayed in AFY or average day demand (ADD) typically displayed in million gallons per day (MGD) or gallons per minute (gpm). Another important projection is maximum day demand (MDD) or the highest 24-hour demand over the course of a year as a water system must be capable of supplying MDD. The peak daily or diurnal fluctuation or the peak hour demand (PHD) is typically handled from operational storage in reservoirs so is not important in determining supply requirements. Based on extensive analysis, the 2020 Water Master Plan settled on a 1.8 MDD factor (MDD = 1.8 times the ADD) for the entire water system, which included a 15% factor of safety over measured data. A 2.7 MDD factor was selected for Zone 2, which is typical as a smaller area with less land use diversity experiences higher peaking factors. Monthly water use for the five year period ending in FY 2010 resulted in an average maximum monthly demand factor of 1.45, occurring in the month of August. Diurnal curves for a typical week in June of 2007 provided by City staff resulted in the maximum day of that week being 1.06 times the average day of the week. In order to achieve a 1.80 MDD factor, the maximum week would have to be 1.17 times higher than the maximum month (1.45 x 1.17 x 1.06 = 1.80), which is perfectly logical. Therefore, the factors utilized in the previous hydraulic model analyses are deemed to be appropriate for use in the modeling analyses conducted in this master plan. 2.3.1 Projected Water Demands for RHNA Housing Allocations In addition to water demands anticipated in Table 2-5, water demand projections for the RHNA allocation have been calculated. The projections in 5-year increments to Year 2045 are shown in Table 2-6. As shown in Table 2-6, the 2045 water demand is projected to be 30,538 AFY or approximately 27.3 MGD, 17.6% higher than the assumed 2020 normal year demand of 25,966 AFY. This increased water demand equates to an annual water demand growth of approximately 0.7% per year, compounded. 282 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 2-10 Table 1-3 shows the City’s population is projected to increase by 20.2% from 2020 to 2045 if the entire 13,368 RHNA units are constructed and occupied. Demand projections from 2020 to 2045 were calculated utilizing the same projected total demand per capita projections and multiplying by the additional population projections due to RHNA. Table 2-6 Projected Water Demands Including RHNA Allocation Projected Water Demands Water Demand 2020 2025 2030 2035 2040 2045 Total Demand (AFY) 25,966 28,523 30,786 30,560 30,512 30,538 Total Demand (MGD) 23.2 25.5 27.5 27.3 27.2 27.3 Population (1,000) 198.7 219.9 239.6 240.5 240.6 238.8 Total Per Capita (gpcd) 116.7 115.8 114.7 113.4 113.2 114.2 283 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-1 3 WATER SUPPLY AND RELIABILITY The City’s existing sources of potable water supply consist of nine groundwater wells, three imported water connections, and three emergency connections with neighboring cities. Orange County Water District (OCWD) manages the Orange County Groundwater Basin (Basin), which the City overlies. OCWD sets a Basin Production Percentage annually, which allows the City and other Basin producers to pump groundwater up to the BPP percentage of their total water supplies to meet demands. The BPP was set at 77% FY 2021/22 and will increase to 85% for FY 2023/24. OCWD has recently completed the Groundwater Replenishment System Final Expansion, which has increased water levels in the basin and has allowed for more pumping out of the basin by producers. The City also purchases treated, imported water from the Municipal Water District of Orange County (MWDOC), which is a member agency of the Metropolitan Water District of Southern California (MWD). The City has historically used more groundwater than imported water to meet demands as groundwater production is less expensive, at least in quantities up to the BPP. The City’s water supply consistently meets or exceeds all State and federal potable water quality standards. The City maintains a water quality monitoring program consistent with State requirements. 3.1 City Water Supplies As a member agency of OCWD, the City is entitled to produce groundwater from the Basin. The Basin, which is managed by OCWD, is unadjudicated. The City and other Basin producers pay a Replenishment Assessment (RA) to OCWD for all groundwater produced up to a percentage of the producer’s total water supplies used to meet demands. This percentage is called the Basin Production Percentage (BPP), which is set uniformly for all producers annually by OCWD based on Basin conditions and long-term projections. For FY 2021/22, OCWD set the BPP to 77%, where it had been for the previous three years due to drought conditions and low Basin levels. In mid-year FY 2022/23, purveyors reduced their basin pumping due to PFAS issues coupled with lower demands. Initially in FY 2022/23 the BPP was set to 77% but was raised to 96.2% on February 1, 2023 by the board of directors. The resulting average BPP for FY 2022/23 was 85%. OCWD has established a BPP of 85% for FY 2023/24. OCWD increased the RA to $624/acre-foot for FY 2023/24. In addition to the RA, OCWD charges a Basin Equity Assessment (BEA) for pumping in excess of the BPP, which is basically a penalty to help maintain the Basin at projected levels. The BEA essentially equates the cost of groundwater pumped over and above the BPP to the rate charged for imported water from MWDOC. BEA rate will vary slightly 284 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-2 between different member agencies of OCWD, as the rate is adjusted based on each member agency's groundwater pumping costs. For FY 2023/24 BEA rates have been set at $589/acre-foot. The City’s (FY 2022/23) cost for producing groundwater up to the BPP was $709/acre- foot (including the RA and energy but not including other well operation and maintenance costs $624 for the RA & $85 for energy). The City supplements groundwater with treated, imported water from MWDOC at the current rate of $1124/acre-foot exclusive of connection charges, readiness to serve charges, and other fixed fees. The City’s water supply has averaged 60% groundwater pumped and 40% imported water purchases over the recent six-year period (2014/15 – 2019/20) as shown in Table 3- 1 and shown graphically on Figure 3-1. It should be noted, however, that the City participates in the In-Lieu or Cyclic Storage Program offered by OCWD and MWD, when available. This is a groundwater program that refills the Basin by avoiding pumping from the Basin and is usually offered in the wetter years and in the lower demand period of October through April. In the program, OCWD requests the City to leave a number of its wells turned off and the City then takes replacement, or in-lieu, water through its imported water connections, which water is purchased by OCWD from MWD through MWDOC. OCWD purchases the in-lieu water at a reduced rate, and then bills the City the amount it would have had to pay for pumping energy and the RA as if it had produced the water from its wells. In addition to reducing groundwater pumping as intended by the In-Lieu of program, the City participates in the OCWD Coastal Pumping Transfer Program (CPTP) when available. This program substitutes groundwater pumping from coastal producers with groundwater pumping from inland producers by modifying (reducing) the BEAs of the inland producers. The purpose of this program is to reduce groundwater pumping by the City (of Huntington Beach), specifically near the Sunset Gap area, in order to reduce seawater intrusion into the groundwater basin. The program incentivizes inland producers to over pump without incurring BEA surcharge. OCWD staff anticipates that approximately 5,000 acre-feet of pumping would be transferred inland away from the City as a result of the CPTP program. 285 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 3-3 Tetra Tech, Inc. Water Master Plan Update Table 3-1 Groundwater Production vs. Imported Water Purchases (FY15 – FY20) Water Supply Fiscal Year Average 2015 2016 2017 2018 2019 2020 Groundwater (AFY)1 16,604 18,668 14,518 11,682 16,031 18,296 16,590 Imported Water (AFY) 11,149 6,060 11,298 16,038 10,219 7,670 10,563 Total (AFY) 27,753 24,728 25,816 27,720 26,251 25,966 27,153 % Imported 40% 25% 44% 58% 38% 42% 40% In-Lieu Imported (AFY) 0 0 0 9,081 0 1,686 1,795 CPTP Imported (AFY) 3,432 0 4,848 0 4,182 0 2,077 Adjusted % Imported 28% 25% 25% 25% 23% 23% 25% 1Actual groundwater pumped that does not include adjustment for In-Lieu or CPTP water 286 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-4 Figure 3-1 Groundwater Production vs. Imported Water Purchases (FY15 – FY20) In-lieu imported water purchases have been approximately 14% of the total city water supply over this six-year period, with imported water purchases not applicable to this program at approximately 25% for total imported water purchases of 40% as shown on Table 3-1. Also, as shown in that table and the corresponding figure, in-lieu water was not available in one of the six years shown due to drought conditions in southern California and averaged 3,642 AFY over that period. In-lieu water is regarded as groundwater production when calculating a producer’s BPP. Therefore, the City’s groundwater production for BPP purposes has averaged 75% during this period, adjusted to include in-lieu water. This is calculated taking 100% minus the Average Adjusted % Imported of 25% shown in Table 3-2. 3.2 Water Quality The Safe Drinking Water Act (SDWA), which was enacted in 1974, is the main federal law that regulates potable drinking water standards. Under SDWA, the U.S. Environmental Protection Agency (EPA) sets standards for drinking water quality and oversees the states, localities, and water suppliers who implement those standards. 287 30,000 25,000 ~ 20,000 u.. ~ C: .Q 15,000 ... u ::J "C e 10,000 c.. 5,000 0 2015 2016 2017 2018 2019 2020 Fiscal Year ■ Groundwater In-Lieu Imported ■ CPTP Imported ■ Imported Water CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-5 State potable water quality standards are set by the California Department of Public Health (CDPH). The potable water quality standards listed in the title 22 California Code of Regulations include primary and secondary maximum contaminant levels (MCLs). Primary MCLs are established for a number of organic and inorganic chemicals, trihalomethanes, and radioactivity as they relate to public health. Secondary MCLs are established for chemicals or characteristics as they relate to taste, odor, or appearance of drinking water. These State MCLs are the same or in some cases more stringent than the federal MCLs. The City’s water supply consisting of groundwater and imported surface water consistently meets or exceeds all State and federal potable water quality standards. The City maintains a water quality monitoring program consistent with CDPH requirements. As a result of the high quality of the City’s source water supplies, the only water treatment conducted by the City is disinfection and fluoridation. The City disinfects at each of its well sites through the injection of gaseous chlorine (CL2) typically at a rate of about 1.0 milligrams per liter (mg/l) residual. The City receives imported surface water that has been disinfected by MWD by means of chloramination typically at a rate of about 2.2 mg/l residual. The City has fluoridated its water supply to aid in the development of healthy teeth since 1972. The natural fluoride concentration in the local groundwater ranges from 0.3 to 0.5 mg/l. The City increases the fluoride concentration to between 0.6 to 1.2 mg/l via injection stations located at all wells. The City previously injected fluoride at the imported water connections until late 2007, when MWD began fluoridation of their water. The average fluoride level of the imported surface water at City turnouts is 0.8 mg/l. The City is beginning to look into onsite generation of chlorine and fluoridation in lieu of imported gaseous chlorine and has begun a preliminary study. MWD conducts extensive monitoring of its treated water at the various treatment plants within its system. OCWD also conducts more extensive testing on groundwater samples than as required by all regulatory agencies. This is done on behalf of its member agencies in order to stay on top of any potential contaminant that might be detected as well as to track migration of TDS and other water quality trends. The following is a summary of recent regulations relating to potential constituents of concern and their levels in the City’s water supplies. Arsenic In January 2006, a new federal water quality regulation reduced the MCL for arsenic, an inorganic chemical, from 50 parts per billion (ppb) to 10 ppb. California’s revised arsenic MCL of 10 ppb became effective in November 2008. The average arsenic level in the City’s water supply has historically ranged between “Not Detected” to 3 ppb and has averaged “Not Detected”. Accordingly, treatment of City supply sources to meet the stricter arsenic MCL is not required or anticipated. 288 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-6 Groundwater Rule EPA initiated the Ground Water Rule (GWR) in November 2006, which specifies the appropriate use of disinfection in groundwater and addresses other components of groundwater systems to protect against bacteria and viruses in portable groundwater supplies. The requirements of the GWR include State-conducted system sanitary surveys and compliance monitoring for systems that disinfect to ensure that they reliably achieve 99.99% (4-log) inactivation or removal of viruses. The City currently disinfects at all of their well sites through the injection of gaseous chlorine. Radon Radon is a naturally occurring radioactive gas that may be found in indoor air and in drinking water. Exposure to radon can increase the risk of contracting cancer. Radon in soil under homes presents a greater risk than radon in drinking water. There is currently no MCL for radon in drinking water. EPA has developed a proposed regulation to reduce radon in drinking water that includes a “Multimedia Mitigation” program option to reduce radon in air. The proposed regulation offers two options: • Option 1: States can choose to develop enhanced state-wide programs to address the health risks from radon in indoor air known as Multimedia Mitigation (MMM) programs while reducing radon levels in drinking water for individual water systems to 4,000 pCi/L (picoCuries per liter, a standard unit of radiation) or lower. EPA is encouraging states to adopt this option because it is the most cost- effective method and achieves the greatest radon risk reduction. • Option 2: If a state opts not to develop an MMM program, individual water systems in that state would be required to either reduce radon in their system’s drinking water to 300 pCi/L or develop individual local MMM programs and reduce levels in drinking water to 4,000 pCi/L. Water systems already at or below the 300 pCi/L standard would not be required to treat their water for radon. Radon was monitored in the City’s water supply between 2001 and 2006 and levels averaged 443 pCi/L (366 pCi/L in 2001, 443 pCi/L in 2002, 356 pCi/L in 2003, 314 pCi/L in 2004, 596 pCi/L in 2005, and 582 pCi/L in 2006). Radon treatment alternatives include aeration and treatment with granular activated carbon filters. Stage 2 Disinfection Byproduct Rule Chlorine and other chemical disinfectants used by public water systems to control microbial pathogens in drinking water interact with organic and inorganic materials in source water to form disinfection byproducts (DBP). Epidemiology and toxicology studies have shown a link between disinfection byproducts, specifically total trihalomethanes (THM) and haloacetic acids (HAA), and some forms of cancer. 289 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-7 Effective in 2002, EPA’s Stage 1 Disinfectant Byproduct Rule (DBR) requires water systems to meet THM and HAA MCLs of 80 ppb and 60 ppb, respectively. Compliance is determined by calculating the running annual averages of samples from all monitoring locations across the system. TTHM and HAA5 averages for the Huntington Beach water system have always been well below the MCLs. In 2006 EPA finalized Stage 2 of the regulation, which further controls allowable levels of DBPs in drinking water without compromising disinfection itself. Under the Stage 2 DBR, systems were required to conduct an evaluation of their distribution system to identify the locations with high THM and HAA concentrations. The City completed the evaluation in 2008 and submitted a Stage 2 monitoring plan for CDPH review. Full Stage 2 compliance monitoring will start in April 2012. The Stage 2 plan changed several of the locations previously monitored in the Stage 1 plan and includes a few new sites. Under the Stage 2 DBR, compliance with the MCLs for THM and HAA are calculated for each monitoring location in the distribution system (locational running annual average), as opposed to the previous less stringent method of calculating running annual averages of samples from all monitoring locations across the system. The Stage 2 DBR is being implemented in two phases. During Phase 1 of the implementation, the MCLs for THM and HAA are 80 ppb and 60 ppb, respectively, based on running system-wide annual averages at the current Phase 1 monitoring sites. The last Phase 1 monitoring is the First Quarter of 2012. During Phase 2, the compliance sites will be changed based on the system-wide evaluation for high DBP sites and the locational annual MCL averages will be 80 ppb for THM and 60 ppb for HAA. The Phase 2 monitoring began the Second Quarter of 2012, and locational annual averages for the Huntington Beach system are continually below the MCLs. Per- and Polyfluoroalkyl Substances (PFAS) PFAS are a large and diverse structural family of compounds used in myriad commercial applications due to their unique properties, such as resistance to high and low temperatures, resistance to degradation, and nonstick characteristics. Human studies have found associations between PFOA and/ or PFOS exposure and effects on the immune system, the cardiovascular system, development (e.g., decreased birth weight), and cancer. In June 2022 a new federal Lifetime Drinking Water Health Advisories were issued for Hexafluoropropylene Oxide (HFPO) Dimer Acid and its Ammonium Salt (referred to as “GenX” chemicals) and PFBS of 10 ppt and 2,000 ppt, respectively; the interim federal health advisories for PFOA and PFOS were reduced to 0.004 ppt and 0.02 ppt, respectively. The interim health advisories will remain in place until the EPA establishes a National Primary Drinking Water Regulation. As of August 2022, there are no primary drinking water standards (maximum contaminant levels or MCLs) for PFAS in California. The development of standards for PFOA, PFOS, and other PFAS are among the priorities of the Division of Drinking Water. Notification levels (NLs) are nonregulatory, health-based advisory levels established for contaminants in drinking water for which maximum contaminant levels 290 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-8 have not been established. Notification levels are established as precautionary measures for contaminants that may be considered candidates for establishment of maximum contaminant levels but have not yet undergone or completed the regulatory standard setting process prescribed for the development of maximum contaminant levels and are not drinking water standards. They represent the concentration level of a contaminant in drinking water that does not pose a significant health risk but warrants notification. Notification levels are issued by the Division of Drinking Water (DDW) and developed based on recommendations made by the Office of Environmental Health and Hazard Assessment (OEHHA). A response level (RL) is set higher than a notification level and represents a recommended chemical concentration level at which water systems consider taking a water source out of service or provide treatment if that option is available to them. Starting in January 2020, water systems that receive an order and detect levels of PFAS substances that exceed their response level, shall take a water source out of use, treat the water delivered, or provide public notification. The following table 3-2 is a summary of the State of California PFAS notification and response levels issued, requested or proposed by the DDW. Table 3-2 PFAS Notification and Response Levels State of California PFAS Notification and Response Levels Abbreviation Chemical Name Notification Level (ppt) Response Level (ppt) Date Issued / Status PFOA Perfluorooctanoic Acid 5.1 10 Feb-20 PFOS Perfluorooctane sulfonic acid 6.5 40 Feb-20 PFBS Perfluorobutane sulfonic acid 500 5,000 Mar-21 PFHxS Perfluorohexane sulfonic acid 2 20 Requested PFHxA Perfluoroheanoic acid -- -- Requested PFHpA Perfluoroheptanoic Acid -- -- Requested PFNA Perfluorononanoic acid -- -- Requested PFDA Perfluorodecanoic acid -- -- Requested ADONA 4,8-Dioxa-3H- perfluorononanoic acid -- -- Requested 291 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-9 PFAS data reporting is not indicated in the City of Huntington Beach 2022 Water Quality Report. Accordingly, treatment of City supply sources to meet stricter PFAS notification and response levels is not anticipated in the immediate future. However, the City should be prepared for potential changes in their obligation to test the water sources as regulations around PFAS are continuing to become stricter. In response to DDW’s issuance of the revised RL, as of December 2020, approximately 45 wells in the OCWD service area have been temporarily turned off until treatment systems can be constructed. As additional wells are tested, OCWD expects this figure may increase to at least 70 to 80 wells. None of the Huntington Beach wells have been affected by PFAS. The state has begun the process of establishing MCLs for PFOA and PFOS and anticipates these MCLs to be in effect by the Fall of 2023. OCWD anticipates the MCLs will be set at or below the RLs. In April 2020, OCWD as the groundwater basin manager, executed an agreement with the impacted producers to fund and construct the necessary treatment system for production wells impacted by PFAS compounds. PFAS treatment methods include granular activated carbon (GAC) or ion exchange (IX). These treatment systems utilize vessels in a lead-lag configuration to remove PFOA and PFOS to less than 2 ppt. Construction contracts were awarded for treatment systems for production wells in the City of Fullerton and Serrano Water District in Year 2020. OCWD expects treatment systems to be constructed for most of the initial 45 wells above the RL within the next several years. Cyanotoxins In June 2022, the California Water Board and OEHHA provided a notification level (NL) recommendation for four (4) cyanotoxins in drinking water: anatoxin-a, mycrocystins, cylindrospermospin and saxitoxins as presented in Table 3-3 below. The following recommendations are supplementary to the short-term NL recommendations provided by the Water Board on May 3, 2021. The City supply sources have no historic presence of cyanotoxins. Accordingly, treatment of City supply sources to meet stricter cyanotoxin NLs is not required or anticipated at this time. Table 3-3 Cyanotoxins Notification Levels Cyanotoxins Notification Levels Chemical Acute NL (duration) Short-Term NL (duration) Anatoxin-a 8c (up to 1 day) 4 (up to 1 month) Cylindrospermospin 3 (up to 1 day) 0.3 (up to 3 months) Microcystins 3c (up to 1 day) 0.03 (up to 3 months) Saxitoxins 0.5c (up to 1 day) NA 292 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-10 a Recommendations for short-term NLs and the one-day NL of 0.6 ug/L for saxitoxins were provided to the water board May 3, 2021. b Table is in units of micrograms per liter (ug/L), which is equivalent to parts per billion (ppb). c NL is for the total concentration of toxin variants. Manganese The federal secondary MCL for manganese is 0.05 mg/L. The current state of California notification level for manganese is 0.5 mg/L. DDW has initiated the process of revising the current notification and response levels for manganese and has issued a recommended revised NL to 0.02 mg/L. Manganese is considered an important pollutant given its ubiquitous occurrence in drinking water and food, high exposures potential in sensitive populations, and number human and animal studies suggesting neurotoxicity. The City supply groundwater sources range from Not Detected to 0.0321 mg/L (2021 City of Huntington Beach Drinking Water Quality Report). Noticeable levels of manganese have been detected at Well 3A. In 2022 manganese levels at Well 3A, were detected at levels above the MCL. This well has been removed from production until a treatment system for well 3A can be installed. The City is currently looking into treatment options for this well. Treatment of City supply sources to meet stricter manganese NL may be required in the near future at any wells with especially high manganese. Lead and Copper The California Lead and Copper Rule (CA LCR) aligns with the EPA’s LCR. The LCR requires water systems to monitor lead and copper levels at the consumer’s taps. If action levels for lead or copper are exceeded, installation or modification to corrosion control treatment is required. If the action level for lead is exceeded, public notification is required. On January 15, 2021, the EPA issued lead and copper rule revisions (LCRR) to the federal LCR. The LCR will require community water systems and non-transient non- community systems throughout the United States to conduct an inventory of service lines and determine the material of those lines and fittings by October 16, 2024. The inventory must include all service lines connected to the water system’s distribution system, regardless of ownership status. If the service line ownership is shared, the inventory would include both the portion of the service line owned by the water system and the customer-owned portion of the service line. Water systems are to keep their current tap sampling plans until the LCR comes into effect on October 16, 2024. The City has taken action to comply with the 2021 LCRR. New capital improvement Project 61 described in Chapter 7 includes steps to comply with the LCRR. Compliance requires an assessment to identify lead/copper service lines. The City has begun the 293 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-11 process to determine service line materials by going door to door and visually inspecting the service lines at the meter. To date there has been no evidence of lead pipes at any of the meter service lines. The City intends to complete the inventory by the October 16, 2024 deadline. Perchlorate On July 1, 2021 the DDW issued a new Detection Limit for Purposes of Reporting (DLR) for perchlorate of 1 ug/L. DDW has notified the public of their intentions to subsequently revise the Perchlorate MCL, should the new DLR data support development of a new standard. Perchlorate and its salts are used in solid propellant for rockets, missiles, and fireworks. The City supply sources have no historic presence of Perchlorate. Accordingly, treatment of City supply sources to meet the perchlorate DLR or any subsequent changes to the MCL is not required or anticipated. Total Coliform and E. coli As of July 1, 2021, the California Revised Total Coliform Rule (RTCR) became effective. The revisions include the new Coliform Treatment Technique requirements replacing the Total Coliform MCL, and a new E. coli MCL regulatory limit as defined below. Existing bacteriological sample siting plans may comply with the new RTCR requirements provided the plans: 1. Include the minimum number of routine samples per month in Table 64423-A of the regulations. 2. Identify repeat sample locations for each routine sample location. 3. Identify triggered source sampling needed to comply with the Groundwater Rule. 4. Identify the sample schedule and rotation plan among sampling sites for collection of routine, repeat and triggered source sampling. 5. Identify the raw water sources that are continuously disinfected and require quarterly monitoring. The water boards provide E. coli MCL exceedances, listed below: 1. E. coli positive repeat sampling following TC-positive routine sampling, 2. TC-positive repeat sample following an E. coli positive routine sample, 3. Failure to collect all required repeat samples following a E. coli positive routine sample, 4. Failure to test for E. coli when any repeat sample is TC-positive. Hydrogen Sulfide Hydrogen Sulfide (H2S) is a colorless gas known for its pungent “rotten egg” odor at low concentrations. Dissolved H2S could be formed in well water that is anaerobic and 294 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-12 contains sulfur reducing bacteria that convert sulfur, present in organic matter, to H2S. H2S concentration in potable water is not regulated, however, presence of H2S, even at a very low concentration of (on the order of 0.05 ppm), will result in a detectable odor. There are several methods to treat water containing H2S and the best method will depend on the concentration of H2S. The simplest method is to shock chlorinate the well to eliminate sulfur producing bacteria. If H2S is present in well water in low concentration (~ 0.05 ppm), continuous chlorination of the water, pumped from the well, will convert hydrogen sulfur to elemental sulfur. At somewhat higher concentrations a green sand filtration, regenerated with hypochlorite or potassium permanganate, could be applied. When present at even higher concentrations, H2S can be removed by degasification in packed towers, similar to the equipment used to remove carbon dioxide. At very isolated locations, there is the possibility to vent off the gases containing H2S to the atmosphere. If local regulations do not allow direct venting, the off gases can be absorbed in a high pH solution and sent to the sanitation district. The most expensive solution would be to use towers packed with iron catalyst, to bind H2S and convert it to elemental sulfur. After saturation, the catalyst must be disposed of at a land fill site. Three of the City’s wells are currently experiencing issues with H2S. These are: Well 6, Well 8, and Well 9. Well 6 water is blended with other sources to reduce the effects of H2S, and the well is not pumped at full capacity. Well 8 is currently out of service because of H2S and color. At Well 9, a biological treatment system has been installed to remove H2S, and the well is capable of pumping at full capacity. Sand Sand in the water system has several detrimental effects. Sand can plug pipelines, sprinkler systems, valves, plumbing, and other components of the distributions system. Sand is very destructive to pump bowls and impellers and can reduce the life of the pump. Sand, which is drawn into the well, but not removed with the water, can settle to the bottom of the well. If sufficient sand accumulates, well efficiency or production can be reduced. As portions of the screen are blocked by the sand, drawdown is increased leading to increased entrance velocity, and lowering efficiency. While there is no regulation levels for sand in drinking water, the US EPA recommends that wells supplying water to homes, institutions, municipalities, and industries be limited to 5 ppm of sand by weight, measured 15 minutes after the start of pumping. The presence of sand in the water pumped from the well could be the result of well pump located too close to the well bottom, damaged well screen or pump flow is too high for the well configuration. Very high sand concentration could result in high readings of water turbidity. Rapid starts of the well pump could increase the drag of sand into the pumped water. If addressing the sand intake at the well is not feasible, sand can be removed from the pumped water by installing sand removing equipment downstream of the well discharge. Such equipment could include screen sand separators (equipped with a suitable size mesh screens) or centrifugal sand separators (hydro cyclone). Sand separators will result in some head losses and does not address increased well pump wear 295 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-13 due to the sand. The presence of sand has been reported in water pumped from Well 1A, Well 3A, Well 4, and Well 10. 3.3 Groundwater Supply The City and other OCWD member agencies are charged the RA for groundwater produced from the Basin up to the BPP, and are charged an additional BEA for groundwater produced over this percentage. The BPP is uniform for all members. The BPP was set at 77% FY 2021/22 and will increase to 85% for FY 2023/24. The RA is currently set at $624/acre-foot for FY 2023/2024. On April 19, 2023, OCWD’s Board of Directors adopted Resolution D establishing the BPP at 85% for FY 2023/24. This has been possible in part by the increased recharge operation from the completion of the Groundwater Replenishment System (GWRS) final expansion and other programs and projects implemented by OCWD. 3.3.1 OCWD Projects OCWD has on-going and proposed projects to protect, clean, and refill/maintain the groundwater basin. Talbert Seawater Intrusion Barrier Since 1975, OCWD has operated a seawater barrier to keep seawater from migrating inland and mixing with and contaminating potable groundwater. OCWD’s Fountain Valley Seawater Intrusion Barrier is a series of 36 injection wells running along Ellis Avenue from Euclid Street to Newland Street and also along the Santa Ana River north of Adams Avenue. A mixture of wastewater purified at Water Factory 21 in Fountain Valley and deep well water is pumped to the wells and injected into the ground to create an underground dam that blocks seawater from entering the groundwater basin. Of the 36 injection well sites, 23 are the original injection wells that were installed between 1968 and 1927 along Ellis Avenue between the Huntington Beach and Newport Mesas. These original wells are referred to as the “legacy injection wells”. 5 additional injection well sites were constructed between 1999 and 2004. As part of the GWRS project, 8 more injection well sites were constructed between 2004 and 2007. These last 13 wells are referred to as the “modern injection wells”. Groundwater Replenishment System The Groundwater Replenishment System (GWRS), a joint project of OCWD and the Orange County Sanitation District (OCSD), takes highly treated wastewater that would have previously been discharged into the Pacific Ocean and purifies it using a three-step process consisting of microfiltration, reverse osmosis, and ultraviolet light with hydrogen peroxide. Some of this highly treated water is used to fortify the seawater intrusion barrier and some is pumped to upstream areas of the Basin where it is recharged at strategic sites into the deep aquifers of the Basin, where it eventually becomes part of the potable groundwater supply. The treated water exceeds all federal and state drinking 296 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-14 water standards and is near-distilled water that improves the overall quality of the groundwater basin by lowering the mineral content. This state-of-the-art water purification project, the largest of its kind in the world, has a current capacity of 130 million gallons per day (mgd) resulting in about 140,000 AFY for recharge to the Basin. The Final Expansion of the GWRS project was completed in early 2023, increasing treatment capacity from 100 mgd to 130 mgd. Additional waste water required for recharge is supplied from OCSD Treatment Plant 2, located in the Huntington Beach, approximately 3.5 miles south of the GWRS. 3.3.2 Groundwater Production The capacity of the City’s active potable wells is shown in Table 3-4 and the locations of these potable wells are shown on Figure 3-2. As shown on Table 3-4, the City has a total potable water well capacity estimated at 27,050 gpm. However, the wells cannot be depended on to operate at 100% capacity due to potential issues relating to groundwater level, water quality, maintenance requirements, and mechanical problems. In addition, the City prolongs the life of the wells and pumping equipment by operating at less than full capacity. This provides time for local groundwater recovery (which promotes the health of the well screens) and preventative maintenance. With the aforementioned in mind, the City’s goal is to operate the wells at no more than 75% of total capacity. Table 3-4 Groundwater Well Production Capacities Year Drilled Well Depth (feet) Capacity (gpm) Capacity (AFY) Well No. 1A 2018 825 2,250 3,629 Well No. 3A 1994 716 2,500 4,033 Well No. 41 1967 804 0 0 Well No. 5 1969 820 4,000 6,452 Well No. 6 1973 810 3,300 5,323 Well No. 7 1975 891 4,000 6,452 Well No. 9 1981 996 3,000 4,839 Well No. 10 1981 960 4,000 6,452 Well No. 13 2001 800 4,000 6,452 Total Groundwater 27,050 43,632 Total Long-Term Reliable Pumping Capacity (75% of Total Capacity) 20,280 32,712 Source: City of Huntington Beach 2020 UWMP. 1Well No. 4 is currently offline and expected to be replaced FY23/24 297 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-15 Figure 3-2 Locations of City Potable Groundwater Wells & Imported Water Turnouts 298 Le;,and D Oty Bo,.md 1u y Zanic:2:Bom d:11)' -Fla•""'"'r I Boa'1or P\nrp $t;lbcn • Gr,11.11watu Wd e Pre......eRelie!Vatve • l;h.,dl/;o"" • l"l'Ol!Wat,rSer..1 oeCcl'<ledbl • e~r:.11nt•~ ,,uu • ~ Ct't::ii! (250 i"I\SJL) Wa e1 Plpea By Diom,a ter --20''-2A" CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-16 The City’s 2020 UWMP assumed a 77% BPP for future long-range planning purposes. With the current basin conditions, the continuing move toward water conservation, and the expanded GWRS projections, OCWD staff has increased the BPP to 85% for FY 2023/24. Based on 2020 water consumption adjusted for the drought conditions to a normal year consistent with the 2020 UWMP, and 2045 projected demands the amount of water using these two BPP percentages that could be withdrawn from the Basin without paying the BEA are as shown on Table 3-3. As discussed above, the normal operating capacity of the wells is approximately 75% of the total capacity, or approximately 20,280 gpm or 32,712 AFY. This well capacity is adequate to meet the current and future supply requirements assuming a 77% BPP (15,452 AFY and 20,062 AFY, respectively). This well capacity will also be enough to meet the current and future supply requirements assuming an 85% BPP (22,071 AFY and 22,146 AFY, respectively). Table 3-5 Groundwater Production to BPP Supply (AFY) 2020 2045 Total Supply Requirement 25,966 26,054 GW Production to 77% BPP 15,452 20,062 GW Production to 85% BPP 22,071 22,146 3.3.3 Regional Imported Water Supply The City purchases supplemental treated imported water from MWDOC, which is a member agency of MWD. MWD imports raw water from northern California and the Colorado River, and then treats the majority of this water to potable standards at filtration plants located throughout southern California. MWD water from northern California as part of the State Water Project (SWP) is stored at Castaic Lake on the western side of the MWD service area and at Silverwood Lake near San Bernardino. MWD water imported from the Colorado River is stored at Lake Mathews in Riverside County. The Diamond Valley Reservoir in Riverside County near Hemet provides regional seasonal and emergency storage of SWP and Colorado River water. 3.3.4 Conjunctive Use Storage Program In 2003, MWD, MWDOC, and OCWD signed a 25-year agreement to store nearly twenty billion gallons of water in the Orange County Groundwater Basin for use during dry years and emergencies. The agreement also provides for additional protection from seawater intrusion and improved groundwater quality. Under the program, MWD, in cooperation with MWDOC and OCWD, will store more than 60,000 AF of imported water in the Basin during wet periods. During dry periods, droughts, or emergencies, up to 20,000 AFY will be withdrawn for use. The cost of the water supply will be equal to the full-service MWD imported water rate. 299 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-17 Eight groundwater extraction wells were provided to city and local water district participants to ensure that the stored water can be pumped in addition to the normal pumped groundwater. The operating agencies are able to use MWD’s new wells as backups for their existing systems and ownership of these wells will transfer to the participating agencies when the agreement expires. Participating agencies include the cities of Buena Park, Fullerton, Garden Grove, Orange, Santa Ana, and Westminster, plus Golden State Water Company, and Yorba Linda Water District. 3.3.5 City Imported Water Supply The City receives treated imported potable water from two primary MWD sources. MWD’s Jensen Filtration Plant, located in San Fernando Valley, receives only SWP water with no water received from the Colorado River. Jensen-treated water is delivered to the City via service connections OC-9 and OC-35. The City also receives treated imported potable water from the Diemer Filtration Plant, located just north of Yorba Linda. Typically, the Diemer Plant receives a blend of Colorado River water from Lake Mathews through the MWD lower feeder and SWP water through the Yorba Linda Feeder. At this time the blend is approximately a 50/50 blend of the two sources. Diemer-treated water is delivered to the City via service connection OC-44. As mentioned above, imported water is delivered to the City via three service connections: OC-9, OC-35, and OC-44. The locations of these service connections or turnouts are shown on Figure 3-2. All three turnouts currently supply water directly to Zone 1. The City’s allocated maximum capacities from these connections are shown in Table 3-4. OC-9 and OC-35 are both under the jurisdiction of the West Orange County Board (WOCWB), which normally require 24-hour advance notice to change delivery flows. Both service connections are located at the intersection of Dale and Katella Streets in the City of Stanton. Water from OC-9 enters the City system at the intersection of Newland Street and Edinger Avenue and water from OC-35 enters the City system at the intersection of Springdale and Glenwood Streets. Since the City is the majority owner of the WOCWB, the Public Works Department, Utilities Division is responsible for performing all operation and maintenance on the transmission mains, and the City Utilities Manager acts as the General Manager for WOCWB. OC-44 is located on MWD’s East County Feeder No. 2. MWD, who owns the primary meter, allows the City to take water from OC-44 on a demand basis, and does not require advance notice in order to change flow settings. Water is supplied to the City from OC-44 via a 24- to 42-inch transmission line owned jointly by the City and Mesa Water District. A secondary joint metering station to measure flows to the City is located on Adams Avenue at the Santa Ana River, where the water enters the City system. 300 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-18 Table 3-6 Imported Water Connections Connection Allocated Capacity (gpm) Zone Supplied Turnout Location (Location Entering City System) OC-9 6,300 Zone 1 Dale & Katella Streets - Stanton (Newland St. & Edinger Ave.) OC-35 9,000 Zone 1 Dale & Katella Streets - Stanton (Springdale & Glenwood Streets) OC-44 6,700 Zone 1 East Orange County Feeder No. 2 (Adams Ave. & Santa Ana River) Total 22,000 3.3.6 Seawater Desalination A third-party private desalination company was in the process of developing the Huntington Beach Seawater Desalination Project to be located adjacent to the AES Power Plant in the City along Pacific Coast Highway and Newland Street. The proposed project was unanimously rejected by the California Coastal Commissioners, and the project is no longer planned. 3.3.7 Emergency Connections The City has emergency mutual-aid interconnections with adjacent water agencies including the City of Fountain Valley, City of Westminster, and the City of Seal Beach. The locations of these emergency interconnections are shown on both Figures 3-2 and 4- 1. Each of these agencies could provide Huntington Beach with limited water supply in the event of an emergency, if these supplies are available. Conversely, the City could provide emergency water to these cities, if available from either groundwater or imported water sources. Imported water is also supplied to Huntington Beach from OC-44 via a 24- to 42-inch transmission main jointly owned by the City and Mesa Water District. In an emergency the City could receive water from this source from Mesa and vice versa. 3.3.8 Supply Reliability Available water supplies compared to demands determine one component of an agency’s overall supply reliability. The City’s ability to pull from different sources such as imported water from Metropolitan and groundwater provide a certain degree of reliability. Other local sources such as recycled water can also provide additional supply reliability. However, just because an agency has more supply than demand does not necessarily make the system reliable. For example, all of its supply could come from one source that might be susceptible to interruptions in service from droughts, earthquakes or other elements. 301 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-19 The more different sources or sources with a high degree of reliability an agency has, the more reliable their supply will be. The City is fortunate to overly the Orange County Groundwater Basin (Basin), which has been able to sustain BPPs in the mid-70 percent throughout past years. During preparation of the City’s 2020 UWMP, Orange County Water District who manages the Basin conservatively projected that a BPP of 75 percent could be maintained. This means that the City can reasonably count on at least 75 percent of its projected demands being met by local groundwater produced from City wells overlying the Basin. However, due to current favorable basin conditions, the continuing move toward water conservation, and the expanded GWRS projections, OCWD staff has increased the BPP to 85% for FY 2023/24 and feels that agencies could easily use 85% as a conservative BPP projection for long-term planning. At least one more well, ideally with a 4,000 GPM design capacity, must be built for the City to reliably meet the 85% BPP. Imported water is less reliable in that Metropolitan’s main sources are the State Water Project which is subject to climate patterns including drought and other environmental constraints and Colorado River Water which also has limitations. However, Metropolitan has projected in its long range water planning documents, including its 2020 Regional UWMP and 2020 Integrated Water Resources Plan (IRP), that supplies will be sufficient to meet projected demands during normal, single dry and multiple dry years through the year 2045. As discussed in detail in the City’s 2020 UWMP, there are additional local programs that were not counted on due to the relatively conservative approach taken in the UWMP that could make the City’s overall supply reliability picture even more secure. A couple of these programs include local stormwater capture and reuse and the potential desalination project. Given the above, the ability of the City to reliably produce sufficient quantities of groundwater from the Basin and imported water from its available wells and turnout facilities, respectively, will be analyzed. Existing City wells with their year of construction, depths, pumping capacities and normal operating capacities are listed in Table 3-7. The reason the normal operating capacities are lower than those listed under the “Capacity” column may be due to the fact that some of the City’s wells are not operated at 100 percent capacity in consideration of several factors including groundwater level, water quality, availability of in-lieu water, etc. Additionally, the life of the wells and associated supply equipment can be prolonged when operating at less than capacity resulting in the normal operating supply values shown in Table 3-7. 302 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-20 Table 3-7 Well Capacities (Design & Normal Operating) Year Drilled Well Depth (feet) Capacity (gpm) Normal Operating Capacity (gpm) Well No. 1A 2018 825 2,250 2,250 Well No. 3A c 1994 716 2,500 1,750 Well No. 4b 1967 804 0 0 Well No. 5 1969 820 4,000 3,000 Well No. 6 1973 810 3,300 2,500 Well No. 7 1975 891 4,000 3,400 Well No. 9 a 1981 996 3,000 2,250 Well No. 10 1981 960 4,000 2,700 Well No. 13 2001 800 4,000 2,500 Total Groundwater 27,050 20,350 Source: City of Huntington Beach 2020 UWMP. (a) Biological treatment system added to Well 9 to treat hydrogen sulfide, and well 9 can produce at full capacity. (b) Well 4 is currently offline and expected to be replaced FY23/24. (c) Well 3A is currently offline due to exceeding the MCL for manganese. Imported water can be supplied directly into the City’s Zone 1 via three turnouts, OC-9 at 6,300 gpm, OC-35 at 9,000 gpm, and OC-44 at 6,700 gpm, for a total imported supply availability of 22,000 gpm, as shown on Table 3-4. Determining the amount pumped from each of the City’s supply facilities from month to month is fairly complex due to many variables. First, the City’s demand fluctuates with higher demands in summer than winter. Additionally, the BPP typically varies to some degree from year to year based on weather and Basin conditions. And finally, in-lieu water is available from Metropolitan in certain years in certain months when surplus imported water is available (Metropolitan provides imported water in wet years at rates similar to groundwater costs to encourage use of surplus imported supplies and, in essence, increase levels in the Basin for use in dry years). Table 3-8 shows a typical hypothetical annual operational scenario using projected 2025 demands from the City’s 2020 UWMP and applying monthly demand distribution based on the average of monthly demand factors from the past five years (FY 2015 through FY 2020). For example, over that period the highest monthly average was August with a factor of 1.24 times average annual demand and the lowest month was February with a factor of 0.72 times average. 303 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-21 Table 3-8 2025 Monthly Demand/Supply Projections (acre-feet) JUL AUG SEP OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL Peaking Ratio 1.23 1.24 1.14 1.08 0.94 0.85 0.79 0.72 0.81 0.96 1.1 1.14 2025 Demand 2,924 2,947 2,710 2,567 2,234 2,020 1,878 1,711 1,925 2,282 2,615 2,710 28,523 Supply Source Groundwater 2,262 2,281 2,097 1,986 1,729 1,563 1,453 1,324 1,490 1,766 2,023 2,097 22,071 Imported 439 442 406 385 335 303 282 257 289 342 392 406 4,278 Groundwater (Operating Capacity) Well 1 372 375 345 327 284 257 239 218 245 290 333 345 3,629 Well 3A 289 292 268 254 221 200 186 169 191 226 259 268 2,823 Well 4 0 0 0 0 0 0 0 0 0 0 0 0 0 Well 5 496 500 460 436 379 343 319 290 327 387 444 460 4,839 Well 6 413 417 383 363 316 286 265 242 272 323 370 383 4,033 Well 7 562 567 521 494 430 388 361 329 370 439 503 521 5,484 Well 9 248 250 230 218 190 171 159 145 163 194 222 230 2,420 Well 10 446 450 414 392 341 308 287 261 294 348 399 414 4,355 Well 13 413 417 383 363 316 286 265 242 272 323 370 383 4,033 Total GW Capacity 3,241 3,267 3,003 2,845 2,477 2,239 2,081 1,897 2,134 2,529 2,898 3,003 31,615 GW Surplus 978 986 907 859 748 676 628 573 644 764 875 907 9,544 Imported Water (Operating Capacity) Imported Water 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 35,486 Imported Surplus 2,519 2,515 2,551 2,572 2,622 2,654 2,676 2,700 2,668 2,615 2,565 2,551 31,208 Total Water (Operating Capacity) Total Capacity 6,198 6,224 5,961 5,803 5,434 5,197 5,039 4,854 5,091 5,486 5,855 5,961 67,101 Total Surplus 3,497 3,501 3,457 3,431 3,370 3,330 3,304 3,273 3,313 3,378 3,440 3,457 40,752 304 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-22 The first row in Table 3-6 shows the projected 2025 demand proportioned across each month based on the average factors for each month as discussed above. The next two rows show the monthly demand split between groundwater and imported water using a BPP of 85 percent, assuming no in-lieu water for simplicity. It is understood that this scenario is somewhat simplified in that an exact BPP is not typically maintained each and every month but at the end of the year it is important to hit the BPP as close as possible since over pumping from the Basin results in Replenishment Assessments over and above normal groundwater pumping rates and taking more imported water is more expensive than groundwater pumped at or below the BPP. Table 3-8 does illustrate an important point, though. All the groundwater rows and columns show the normal operating pumping rates from Table 3-7 times the number of days in each month converted to acre-feet for each well and then a total for all of the nine wells. The “GW Surplus” row is the difference between the total of all Well Operating Capacities minus the Groundwater Demand from the second row of the table. Table 3-8 shows that the total Surplus Groundwater Pumping Capacity projected for Year 2025 is 9,544 acre-feet, which is substantial. In January and February, the Surplus Groundwater Pumping Capacity is at its lowest, at a monthly surplus of 628 AF and 573 AF, respectively. During that period, if a large capacity producing well, such as Well 7, were to be down for the month, the BPP could not be maintained in any of those months. If this were to occur, other wells could perhaps be pumped at higher rates to compensate during such an outage. Alternatively, more groundwater could be pumped in other months when there is significantly more surplus to catch up with the BPP. However, this analysis does show that there is marginal surplus groundwater production capacity in certain times of the year. This becomes even more significant when you consider that Wells 4, 7, and 13 are all located in close proximity to one another at the Peck/Springdale Reservoir complex and in the area where higher chloride content exists in the Basin. This fact is illustrated on Figure 3-2 by comparing City well locations with the 250 mg/l Chloride concentration lines as developed by OCWD from monitoring in recent years. If the City were to lose these three wells for a year with projected 2025 demands and assuming the Normal Operating Pumping Capacities shown in Table 3-7, they would just barely meet the assumed BPP of 85 percent with a surplus of 27 AF. A similar table was prepared using projected 2045 demands and that scenario is illustrated in Table 3-9. These are demand projections some 25 years in the future. Because of the downward trends in water usage, BPP is able to be met with adequate surplus. The demands, BPP, and monthly peaking can be easily modified in the Excel files created to generate Tables 3-8 and 3-9 (included as a deliverable to the City) to analyze differing scenarios and assess their impacts. If demands were to increase and with increases in demands and the BPP, the City’s groundwater pumping capacity would become less and less reliable, especially in summer months. Additionally, in drier years the monthly demand distribution would be more extreme (i.e. higher summer peak use) than the average monthly distributions used in this analysis, further exacerbating this condition. However, due to recent demand trends, we are not predicting an issue with supply reliability. 305 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-23 Table 3-9 2045 Monthly Demand/Supply Projections (acre-feet) JUL AUG SEPT OCT NOV DEC JAN FEB MAR APR MAY JUN TOTAL Peaking Ratio 1.23 1.24 1.14 1.08 0.94 0.85 0.79 0.72 0.81 0.96 1.1 1.14 2045 Demand 3,107 3,133 2,880 2,728 2,375 2,147 1,996 1,819 2,046 2,425 2,779 2,880 30,316 Supply Source Groundwater 2,641 2,663 2,448 2,319 2,019 1,825 1,696 1,546 1,739 2,061 2,362 2,448 25,769 Imported 466 470 432 409 356 322 299 273 307 364 417 432 4,547 Groundwater (Operating Capacity) Well 1A 372 375 345 327 284 257 239 218 245 290 333 345 3,629 Well 3A 289 292 268 254 221 200 186 169 191 226 259 268 2,823 Well 4 0 0 0 0 0 0 0 0 0 0 0 0 0 Well 5 496 500 460 436 379 343 319 290 327 387 444 460 4,839 Well 6 413 417 383 363 316 286 265 242 272 323 370 383 4,033 Well 7 562 567 521 494 430 388 361 329 370 439 503 521 5,484 Well 9 248 250 230 218 190 171 159 145 163 194 222 230 2,420 Well 10 446 450 414 392 341 308 287 261 294 348 399 414 4,355 Well 13 413 417 383 363 316 286 265 242 272 323 370 383 4,033 Total GW Capacity 3,241 3,267 3,003 2,845 2,477 2,239 2,081 1,897 2,134 2,529 2,898 3,003 31,615 GW Surplus 599 604 555 526 458 414 385 351 395 468 536 555 5,846 85Projected Import Water vs Operating Capacity Imported Water 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 2,957 35,486 Imported Surplus 2,491 2,487 2,525 2,548 2,601 2,635 2,658 2,684 2,650 2,593 2,540 2,525 30,939 Total Capacity and Surplus Capacity (After Adjustments) Total Capacity 6,198 6,224 5,961 5,803 5,434 5,197 5,039 4,854 5,091 5,486 5,855 5,961 67,101 Total Surplus 3,090 3,091 3,081 3,074 3,059 3,049 3,043 3,035 3,045 3,061 3,076 3,081 36,785 306 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-24 These analyses do illustrate that the City has plenty of surplus imported water capacity even in the higher demand months based on the high volume of turnout capacity. The fact that the three turnouts are located at different points on the City distribution system is an added plus for imported water reliability. 3.3.9 Groundwater Well Study In conclusion, the City has lost two wells since the 2012 Water Master Plan, a clear indicator that the City should be prepared for a potential loss of one or more wells due to any number of factors. Table 3-10 below shows a history of wells going back to 1956 that have experienced limited capacities and have been abandoned and/or replaced. Illustrated on Table 3-11 below, a total of 16 wells have been drilled since 1956, of which eight currently are still active, with eight being either inactive or destroyed. 5 of the city’s active wells exceed 34 years in age, the average age of the City’s inactive wells. This is an important indicator that planning for future replacement is necessary and inevitable. The above findings indicate a high risk of a multi-year financial impact resulting from being unable to meet the BPP, especially in a scenario of sudden loss of a water well. This is compounded by the fact that it would take between 3 to 4 years to design and construct a new replacement well (or longer if a new well site must first be acquired). The financial impact would be the result of having to purchase a much costly imported water supply, as that can add an unanticipated operating cost of around $2.4 million if prolonged for one year, or nearly $10 million over the 4 years it could take to design and construct a new well. In other words, failure to meet BPP for 4 years is approximately equivalent to the design and construction cost of two new wells. A sample calculation of this financial impact is illustrated below, assuming no well down time for simplicity: Assumptions: Typical Water Well Production = 2,500 gpm or 11AF/Day or 4,032 AF/Yr. Current Cost difference Between Imported & Groundwater = ~$600/AF Minimum Cost of New Water Well = $5 million Financial Impact from Added Cost to the City: Daily Impact - $600/AF x 11 AF/Day = $6,600/Day Annual Impact - $600/AF x 4,032 AF/Yr. = $2.4 million/Yr. 4 Year Impact – 4 x $600/AF x 4,032 AF/Yr. = $9.6 million/Yr. Comparing Added Import Cost vs. New Water Wells: (4 Year Impact) / (Cost of New Well) = $9.6 million / $5 million = ~2, or equivalent to 2 New Water Wells A separate well study should be completed to assess the condition of each of the City’s existing wells, determine their remaining useful life, and develop a systematic approach to replacement of wells in their same general location and/or the addition of new wells at future locations. 307 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-25 The study should address the presence of higher levels of dissolved Hydrogen Sulfide at Well No. 6 and Well No. 9. The study should also address the presence of sand which has impacted Well 1A and Well 10. The recommended well study would address the future need for and phasing of any additional wells and recommended locations for these wells. However, new wells are already necessary to begin to restore losses in groundwater pumping capacity, and these wells are discussed in Chapter 7. 308 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-26 Table 3-10 Groundwater Well History Year Drilled Well Status Well Depth (feet) Design Normal Operating Pump Speed Set by City (RPM) Normal Operating Capacity (GPM) ** Above Normal Operating Capacity (GPM) Comments Electric Motor (EM) or Natural Gas Engine (NG) Capacity (gpm) Pumping Head (feet) Pumping Speed (RPM) DYKE 1956 No longer belongs to the City 204 -- *500 240 1,760 1,760 -- -- No longer belongs to City Well No. 1 1962 Abandoned 306 -- *750 316 1,760 1,760 -- -- Destroyed in 2012 Well No. 2 1962 Abandoned 820 -- *2000 245 1,760 1,760 -- -- Destroyed in 2001 Well No. 3 1950 Abandoned -- -- *4000 263 1,775 -- -- -- Destroyed in 1980 Well No. 4 1967 Out of Service 804 NG 500 252 1,775 1,350 300 300 Out of service as of 2022. To be replaced FY 2024. Well screen and casings are functional. Well requires new pump and above grade equipment. Well No. 5 1969 Active 820 EM 4,000 263 1,775 1,666 2,500 2,500 Well rehabilitation consisting of new pump and casing repair in 2016 Well No. 6 1973 Active 810 NG 3,300 330 1,190 900 1,500 2,500 Production reduced by 55% of well capacity due to presence of hydrogen sulfide and color in water Well No. 7 1975 Active 891 NG 4,000 300 1,200 1,100 3,000 3,000 Well No. 8 1978 Out of Service 724 -- *3000 Information Not Available -- -- Out of service as of 1980 due to presence of hydrogen sulfide and color in the water Well No. 9 1981 Active 996 NG 3,000 408 1,775 1,600 2,250 2,500 GAC filtration system put online in 2018 increasing the well to normal capacity Well No. 10 1981 Active 960 NG 4,000 308 1,775 1,670 3,300 3,300 Well No. 11 1985 Abandoned 775 -- -- Information Not Available -- -- Destroyed in 2003. Drilled but never put into service Well No. 3A 1994 Active 660 EM 2,500 406 1,785 1,680 2,000 2,000 Original design capacity reduced due to bottom 25 feet of well cemented in 2015 Well No. 13 2002 Active 830 NG 4,000 308 1,785 1,620 2,500 2,500 309 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-27 Well No. 12 1995 Abandoned 800 -- *3400 365 1,760 -- -- -- Destroyed in 2015 Well No. 1A 2018 Active 825 EM 2,250 420 1,300 1,800 1,770 2,250 2,250 TOTAL GROUNDWATER * These wells no longer in service. Figures shown are original design capacity ** Well No. 6 & Well No. 9 can operate above normal capacity with acceptable level of lower aesthetic water quality due to presence of color and low level of odor from Hydrogen Sulfide 310 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 3-28 Table 3-11 Comparison of Active & Inactive Water Wells Well Name Age of Active Wells Age of Non-Active Wells DYKE 60 Well No. 1 50 Well No. 2 39 Well No. 3 30 Well No. 4 55 Well No. 5 54 Well No. 6 50 Well No. 7 48 Well No. 8 2 Well No. 9 42 Well No. 10 42 Well No. 11 18 Well No. 3A 29 Well No. 13 21 Well No. 12 20 Well No. 1A 5 Average Years 36 34 No. of Wells 8 8 0-20 years old 20-40 years old 40-60 years old 311 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-1 4 FACILITIES AND OPERATION 4.1 Existing Facilities Summary The City’s existing potable water system facilities and pipelines are shown on Figure 4-1 and a schematic of the system showing facility HGL is shown on Figure 4-2. The City’s existing storage system consists of four reservoirs (Overmyer, Peck, Springdale and Edwards Hill), all located in the lower pressure zone (Zone 1), with a combined storage capacity of 55.0 million gallons (MG). The Peck and Springdale reservoirs are located at the same site. Booster stations are located at the three reservoir sites to pump water from the reservoirs into the distribution system. The City’s service area is composed of two pressure zones: Zone 1 and Zone 2. Ground elevations in Zone 1 vary between 5 feet below and 80 feet above sea level. The Overmyer, Peck and Edwards Hill booster pump stations boost water from their respective reservoirs into the Zone 1 distribution system. Zone 2 is the 800-acre Reservoir Hill area that rises to an elevation of 109 feet. The Reservoir Hill Booster Pump Station, which is located at the Overmyer site, boosts water from Zone 1 into Zone 2. The Edwards Hill Booster Pump Station also has Zone 2 pumps. Neither of the Zone 2 booster pump stations have a direct connection to pump from a storage reservoir. In addition to the four booster pump stations, the City’s existing potable water distribution system includes eight well facilities that pump directly into the distribution system; three imported water service connections; four emergency water connections with neighboring public water systems; and 620 miles of transmission and distribution piping ranging in size from 4 inches to 42 inches in diameter. One well within the City, Meadowlark No. 2, is used solely for irrigation of the Meadowlark Golf Course and is not part of the potable water system. A separate, non- potable water distribution system does not currently exist nor is one planned to be implemented. However, the potential for reducing demands on the potable water system through implementation of local projects such as capture and beneficial use of storm runoff for City landscape irrigation does exist and is discussed in the City’s 2020 Urban Water Management Plan. 4.2 System Operation Eight existing potable water wells (Well Nos. 1A, 3A, 5, 6, 7, 9, 10, and 13) can pump directly into the distribution system. Well No. 12 is out of service due to water quality issues (high chloride) and has been destroyed. The wells are typically used to satisfy system demands during the day and to fill the four system reservoirs at night when system demands are lower. 312 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-2 Figure 4-1 Existing Potable Water System Facilities 313 Legend D atyBound•,y zo ... 2 llOO!ldaf)' -Re9"1V01 r I il<>oooor Fl.Ire> 5c..Uon • Gl'(ll-l'!dWMilr 11\.1(11 a, Flr..1"1r1:11 R.li.tf Vr.:i h.11:1 9 Ched<Val'II> • l~oot W&lor llervl,;.o Co1110 <ti"1 • Eln!!ly"'1cy lnte<-C<l......-, Waler" P ip<>• 111 DliITTIOt fi~ --4•·11'' ~--15" --16"-W --.20''-24' --26"'-42.' CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-3 Figure 4-2 System Schematic 314 450 400 350 250 WEL L7 ACTr._lE 4,0(1'.l GPM 252' WEL L 4 T Ef...1 PORARILY OUT OF SE R',_I ICE ~-,ooGPH 150 0 = ACTr,_I E PIPELINE = = = INACTt,/E PIPELINE ACTr·/E \~LL 330' 406' WE LL 3A A CTr,/E 2,!J(l(I GPf•:1 308' 330' 4 0 8' WEL L9 ACTr,/E 3,0(1 (1 GPH 450 400 350 we LL 1A NORt•,'LALLY WE LL ti 300 t------+--~-cn1~----+--+-1--+--------~tosE-,~----------+-+--+-----------+--------< ,.----ACTI~·1~---+--------==- 2.2::io GPt•,1 3.300 GPt•,1 WE LL 13 ACTr,!E 4 ,-:J-:J(I GPl,_.1 E HERGE NCY CONNECT JONS (2) RES ER VOIR H ILL BPS r -, WE L L10 ACTf./E 4 ,-:J-:J(I GPf,_,I 263' 250 CIT Y OF ~ WES THINISTER I RHB05 3 .!JCl(I GPH ACTr·/E WE LL 5 ACTf..lE 4,(1(1(1 GPt•,1 z ACTr,/E PUMP II z INACTf..l E PUM P PeCK. RES ERVOIR ll"'NL = 33.( Z0NE1 EL -5' -8D' HGL 11D ' -246' E t•,1ERGE NCY Z0NE2 R HB04 I EL. -5 '-109' J,!J-:J(I GPM ---H~G~L~1~1~D-.~-~2~7-5'-1 ACTt,/E I RHB0 3 1,!J(l(I GPM I ACTt,/E RHB02 I 1,!J(l(I GPH E OWAr,P.DS HILL BPS eHB-0 1-3 1 ,2::iO GPl·,1 ACTt•/E 200 150 ACTt/E L EHB01 -4 R HB01 ------__J 2 !~~~fl 1 00 ---401-GP~-t--------------------+--------------------~=~ ACTt/E co~~~ ~~ON O VERMYER FOUNTAIN c__.,,___--1_ R7 ~!r:~rra-50 \IALLl:Y O_V:ERMI.E e,_ -------"---------------------------------------"'"'--- B•s ACTr,/E FACILITY L EMERGENCY ct CONTROL V A LV E I CONNECT ION ACTIVE RESER\I OIR ~ SYST EH ',/ALVE L INACT r•-'E CIT'{ ( :,r HJJr·n r·l(-.T:lf-1 'lr /\CH \hiATER MA STERPLAN 0 [),;jt,]· ,J:;;2-:2~ ~ f~ I CONNECT ION ~ M ~ :-!l ~ ~ t-,W<ER LJ INACTr,_I E ~ HWD H U NTI NG T ON BEAC H WAT ER Fi~Jre !'ff:! TETRA TECH L:~f~gr,;,,1J t!~: :1L www.1a1"E.'lao.:r,:o-n ~ '---'.:::===:::'. (71:::'.l=l=N=A=C=T=IV=E=•I\E=LL===============R=E=S=ER=•·=/O=IR======C=O=N=N=E=GT=IO=N========'.._L--__2:To:;_,.,~,c~,,~:;:~~~;~_:-:-.:::~:2;;.~~~1~;;::'.;E~"~-------S-Y_S_T_E_~_-~_s_c_H_E_M_ll,T-IC-S---====:::!=,;;;,-;4,-.,;-~2w-;;:;_/ 3;)' '.'C;)'i~'C'i 1 'o.l~ CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-4 The total combined well supply capacity for the City, assuming all eight wells are operating would be approximately 27,050 gpm. However, due to the presence of Hydrogen Sulfide in some wells, as well as reduced production of aging wells, the current normal operation capacity of the eight wells is approximately 20,350 gpm, as described in Chapter 3. The pumps at Well No. 1A, 3A, and 5 have VFD (variable frequency drive) electric motors. The pumps at the other well sites can be operated at variable speeds via natural gas engines and are generally operated to maintain constant flow. The Overmyer, Reservoir Hill, Peck, and Edwards Hill booster pump stations are controlled by system pressure at the respective complex. The lead pump at a station is activated to start when the system pressure drops to a specified level. Pumps are added or removed as necessary based on increased or decreased demand as sensed by an increase or decrease in system pressure. All of the pumps at the four booster pump stations can be operated at variable speeds. Edwards Hill booster station and Peck booster station are hybrid systems, which can operate either by variable-frequency electric motors or variable speed natural-gas engines. Overmyer booster stations only operates by variable speed natural-gas engines. Peck booster station was converted to a hybrid variable-frequency electric motor and variable speed natural-gas engine system in 2019. Reservoir Hill booster station only services Zone 2 and is primarily operated by variable speed natural-gas engines, with the exception of one small pump operated by variable-frequency electric motors. The Overmyer, Peck and Edwards Hill booster pump stations are operated to maintain constant discharge pressures, which correspond to a discharge hydraulic grade line (HGL) of approximately 180 feet for the Overmyer and Edwards Hill booster pump stations and 189 feet for the Peck Booster Pump Station. The Zone 2 Reservoir Hill Booster Pump Station and the Zone 2 pumps at the Edwards Hill Booster Pump Station are operated to maintain a constant discharge pressure, which corresponds to a discharge HGL of approximately 230 feet. At each booster pump station, the lead pump is shut off when operating at its minimum speed and decreasing demand causes the pump discharge pressure to rise to the specified stop pressure and system pressure remains above this set point for a specified time. When the respective booster pump station is off-line, various pressure control valves automatically throttle to maintain system pressure by allowing system water to flow into the reservoirs. Imported water is supplied to the City via three service connections: OC-9, OC-35 and OC-44. The City’s allocated capacities from these connections are 6,300 gpm, 9,000 gpm, and 6,700 gpm, respectively. OC-9 and OC-35 are operated on a fixed-flow basis with prior notification to MWD required in order to change flow settings. Flows from OC-44 can be changed without notifying MWD. All three connections supply water directly to Zone 1. 315 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-5 System pressures throughout the City are generally maintained between 50 and 72 psi during normal operation. The tight range is attributable to the flat terrain of the City and to the utilization of variable-speed pump drives at the booster pump stations to maintain system pressures. 4.3 Storage Reservoirs and Booster Pump Stations The characteristics of the existing storage reservoirs are shown in Table 4-1. The storage capacities of the four existing reservoirs total 55.0 million gallons (MG). Table 4-1 Existing Storage Reservoir Characteristics Reservoir Location Dimensions (ft) Maximum Water Depth (ft) High Water Elevation (ft) Capacity (MG) Overmyer Zone 1 441 x 198 48.5 71.8 20.0 Edwards Hill Zone 1 213 dia. 34.0 84.0 9.0 Springdale Zone 1 448 x 143 24.0 35.5 9.0 Peck Zone 1 541 x 210 23.5 33.7 17.0 Total 55.0 The characteristics of the existing booster pump stations are shown in Table 4-2. A 10- MG storage reservoir and 11,000-gpm booster pump station was included in the 2000 Master Plan at the AES property in the southeast quadrant of the City to provide storage and supply to the area south of the Newport-Inglewood fault and east of Bolsa Chica. In 2005, the City purchased the future tank property from AES Huntington Beach Development, LLC. This reservoir and booster pump station, which are still included as a water master plan project in this water master plan, are discussed in Chapters 5 and 7. 4.3.1 Overmyer Reservoir and Booster Pump Station The Overmyer Reservoir and the associated booster pump station are located at the City’s Utilities Division Yard. The reservoir, which was constructed in 1971, was formed by excavating into natural soils and constructing an embankment of the excavated material. The vertical walls are 25 feet high and the 1.5:1 sloping sides are 22 feet high. The reservoir was rehabilitated in 2003/04, in accordance with the 1995 Water Master Plan. The work included strengthening the wall footing, installation of a new concrete wall liner, construction of a new roof structure with new roof support columns and column base plates, and construction of gunite floors and slopes. In conjunction with the reservoir rehabilitation, a new booster pump station was also constructed. 316 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-6 The pumping capacity of the Overmyer Booster Pump Station is 20,000 gpm with all four pumps in operation and 13,500 gpm with one of the largest pumps (6,500 gpm) out of service (acting in stand-by as a backup). The pump station is operated to maintain a constant discharge pressure, which corresponds to a discharge hydraulic grade line (HGL) of 180 feet. All four pumps have variable-speed operation via natural-gas engines. Two 3,900-gallon liquefied propane gas (LPG) tanks and associated equipment are located at the site to provide backup propane gas supply for operation of the Overmyer and Reservoir Hill booster pumps. Table 4-2 Existing Booster Station Characteristics Station Electric Motor (EM) or Natural Gas Engine Drive (NG) Pump Design Point Pump Zone Speed Horse- Power Type Flow (gpm) HGL (ft) RPM Overmyera 1 Zone 1 Variable 409 NG 6,500 180 1,160 2 Zone 1 Variable 409 NG 6,500 180 1,160 3 Zone 1 Variable 150 NG 3,500 180 1,190 4 Zone 1 Variable 150 NG 3,500 180 1,160 20,000d Reservoir Hill 1 Zone 2 Variable 10 EM 400 230 1,770 2 Zone 2 Variable 25 NG 1,500 230 1,180 3 Zone 2 Variable 25 NG 1,500 230 1,180 4 Zone 2 Variable 75 NG 3,500 230 1,160 5 Zone 2 Variable 75 NG 3,500 230 1,160 10,400d Peck 1-4 Zone 1 Variable 330 Dualc 4,635 185 1,200 18,540d Edwards Hill 1-4 Zone 1 Variable 150 Dualc 2,500 180 1,780 7,500e Edwards Hill 5-7 Zone 2 Variable 25/45b Dualc 1,250 230 1,760 3,750d (a) The Overmyer Zone 1 Pumps can also be used to pump to Zone 2 in an emergency. (b) The motors are 25 hp and the engines are 45 hp. (c) The pumps can be driven either by natural gas combustion engines with variable speed, right angle gear drives or by variable frequency electric motors. (d) The total capacity includes all zone pumps in the station; however, see text description for each station to determine rated capacity, which is capacity with the largest pumping unit out of service. 317 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-7 (e) Edwards Hill Zone 1 station actually includes four 2,500 gpm pumps but only three can be used at a time due to current piping restrictions; thus 7,500 gpm is total capacity, which is same as rated capacity. 4.3.2 Reservoir Hill Booster Pump Station The Reservoir Hill Booster Pump Station is located on the same site as the Overmyer Reservoir and Booster Pump Station. The pump station boosts water from Zone 1 to the 800-acre Reservoir Hill area that constitutes Zone 2 of the water system. Zone 2 has a high ground elevation of 109 feet. The booster pump station has a pumping capacity of 10,400 gpm with all five pumps in operation and 6,900 gpm with the largest pump (3,500 gpm) out of service. Pump No. 1 is driven with a variable frequency electric motor. The other four pumps (Pump Nos. 2 through 5) have variable-speed operation via a natural- gas engine. The pump station is operated to maintain a constant discharge pressure, which corresponds to a discharge HGL of approximately 230 feet. 4.3.3 Peck and Springdale Reservoirs and Peck Booster Pump Station The 17.0 MG Peck Reservoir, the 9.0 MG Springdale Reservoir and the Peck Booster Pump Station are located at the same site, west of Springdale Street at the northern end of the City. Well Nos. 7, and 13 are also located at this site (as is offline well No. 4). The Peck Reservoir was constructed in 1966. In 1995, the reservoir was rehabilitated with seismic upgrades and a new booster pump station was constructed. The Springdale Reservoir was constructed in 2003, in accordance with the 2000 Water Master Plan. Both reservoirs are above-ground, concrete, rectangular reservoirs with the dimensions shown in Table 4-1. The Peck Booster Pump Station boosts water from both the Peck Reservoir and the Springdale Reservoir into the Zone 1 distribution system. The pump station is operated to maintain a constant discharge pressure, which corresponds to a discharge HGL of approximately 189 feet. The pumping capacity of the Peck Booster Pump Station is 18,540 gpm with all four pumps in operation and 13,905 gpm with one pump out of service. Pump Nos. 1 through 4, each rated at 4,635 gpm, have variable-speed operation via dual drives, i.e. either a variable-frequency motor or a natural-gas engine. A 10,000-gallon LPG tank and associated equipment are located at the site to provide backup propane gas supply for operation of the engine-driven booster pumps and the engine-driven pumps at Well Nos. 4, 7 and 13. 4.3.4 Edwards Hill Reservoir and Booster Pump Station The 9.0 MG Edwards Hill Reservoir and Booster Pump Station are located at the corner of Edwards Street and Overlook Drive. The reservoir and pump station were constructed in 2001. The prestressed-concrete, circular reservoir is above-ground, with the dimensions shown in Table 4-1. 318 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-8 The Edwards Hill Reservoir Pump Station houses both Zone 1 and Zone 2 pumps. In 2001, the Zone 1 pumping system was upgraded with larger capacity pumping assemblies, variable frequency motors and natural gas engines. While the size of each new pump nearly doubled, from 1,500 gpm to 2,500 gpm, no improvements to the suction or discharge piping were made. Therefore, only three of the four pumps can operate at a time due to piping restrictions and total capacity is limited to 7,500 gpm (3 x 2,500), up from the 6,000 gpm previous total capacity (4 x 1,500). However, the reliability was greatly improved as the rated capacity (one pump out of service) is now 7,500 gpm vs. the previous rated capacity of only 4,500 gpm (3 x 1,500). The Zone 1 pumps are operated to maintain a constant discharge pressure, which corresponds to a discharge HGL of approximately 180 feet. The pumping capacity of the Zone 2 pumps is 3,750 gpm with all three pumps in operation and 2,500 gpm with one of the three 1,250- gpm pumps out of service. The Zone 2 pumps are operated to maintain a constant discharge pressure, which corresponds to a discharge HGL of approximately 230 feet. All of the pumps (Zone 1 and Zone 2) have variable speed operation via dual drives, i.e. either a variable-frequency motor or a natural-gas engine. A 2,000-gallon LPG tank and associated equipment are located at the site to provide backup propane gas supply for operation of the engine driven pumps. 4.4 Potable Water Well Pumps The characteristics of the existing potable water well pumps and corresponding drives are shown in Table 4-3. The pumps at Well Nos. 6, 7, 9, 10, and 13 can be operated at variable speeds via natural gas engines and are generally operated to maintain constant flow. The pump at Well No. 5 is driven by constant-speed electric motors. The pump at Well No. 1A is driven by VFD. Table 4-3 Existing Potable Water Well Pump Characteristics Electric Motor (EM) or Natural Gas Engine (NG) Pump Design Point Well Speed Horsepower Type Flow (gpm) HGL (ft) RPM Well No. 1A Variable 250 EM 2,250 320 1,770 Well No. 3A Variable 350 EM 4,000 263 1,775 Well No. 5 Constant 400 EM 4,000 263 1,775 Well No. 6 Variable 395 NG 3,340 330 1,190 Well No. 7 Variable 409 NG 4,000 300 1,200 Well No. 9 Variable 338 NG 3,000 408 1,775 Well No. 10a Variable 395 NG 4,000 308 1,775 Well No. 13 Variable 330 NG 4,000 308 1,770 319 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-9 (a) In 2011, Well 10 was retrofitted with improvements designed such that the addition of an EM and VFD will be facilitated easily in the future. A 10,000-gallon LPG tank and associated equipment provide backup propane gas supply for operation of the engine-driven pumps at Well Nos. 4, 7, and 13, and the engine-driven pumps at the Peck Booster Pump Station. In accordance with the 1995 Water Master Plan recommendations to provide energy back-up at well sites, the City purchased a portable trailer-mounted 500 gallon propane storage vessel in 2010 and constructed vaporizers at Well Site Nos. 6, 9, and 10. 4.5 Transmission and Distribution Piping As shown in Table 4-4 through Table 4-7 below, there are approximately 610 miles of transmission and distribution piping in the water system with sizes ranging from 4- to 42- inches in diameter. The majority of the piping in the system is 6 to 8 inches in diameter (74.7%) and the most common material is asbestos cement (AC) pipe (76%). Figure 4-3 shows these different pipe materials within the City’s system. 320 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-10 Table 4-4 Transmission and Distribution System Mains Pipe Diameter (inches) Length (feet) – Total Owned By the City Excluding Transmission Mains and Shared Ownership with WOCWB and Mesa Water District Asbestos Cement Copper Ductile Iron CI HDPE PE PVC RC SS STL STL CYL STL CYL CML Unknown Total 4 34,574 8 262 0 129 36 3,493 0 0 468 42 7 12,948 51,965 6 925,823 0 905 3 0 0 36,264 0 0 0 213 15 120,586 1,083,810 8 1,057,255 0 1,645 0 208 6 255,274 0 0 773 1,548 32 7,225 1,323,965 10 39,454 0 0 0 0 0 12,963 0 0 0 92 21 1,461 53,991 12 360,820 0 3,862 0 0 0 128,651 0 0 266 1,301 4,620 666 500,186 14 9,044 0 0 0 216 0 201 0 0 0 2,055 214 2 11,732 15 0 0 0 0 0 0 0 0 0 0 0 3,390 0 3,390 16 26,188 0 0 0 669 0 16,226 9 0 48 145 13,948 121 57,354 18 0 0 0 0 0 0 8,300 0 0 0 871 237 0 9,408 20 0 0 5,065 0 0 0 9,629 0 0 0 16,702 4,027 48 35,471 21 0 0 0 0 0 0 0 0 0 0 352 16,352 0 16,704 24 1,343 0 7,608 0 0 0 10,031 0 0 0 584 426 2,625 22,617 26 0 0 0 0 0 0 0 0 0 0 0 0 0 0 27 0 0 0 0 0 0 0 0 0 0 0 20 0 20 28 0 0 0 0 0 0 0 0 0 0 0 0 0 0 30 0 0 0 0 0 0 0 0 0 0 2,413 14,502 0 16,915 33 0 0 0 0 0 0 0 0 0 0 0 0 0 0 36 0 0 0 0 0 0 0 0 0 13 13,003 564 0 13,580 42 0 0 0 0 0 0 0 0 0 0 3,774 16,664 0 20,438 Total 2,454,501 8 19,346 3 1,222 42 481,033 9 0 1,568 43,094 75,038 145,682 3,221,546 321 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-11 (Feet) Total (Miles) 465 0 4 0 0 0 91 0 0 0 8 14 28 610 Pct. 76.19% 0.00% 0.60% 0.00% 0.04% 0.00% 14.93% 0.00% 0.00% 0.05% 1.34% 2.33% 4.52% 100.00% PVC = Polyvinyl Chloride, STL CYL = Steel Cylinder, CML = Cement Mortar Lined 322 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-12 Table 4-5 OC-9 Transmission Main Pipe Diameter (inches) Length (feet) – OC-9 City Share Through WOCWB Feeder 1 Transmission Main Asbestos Cement Copper Ductile Iron CI HDPE PE PVC SS STL STL CYL STL CYL CML Unknown Total 16 0 0 0 0 0 0 0 0 0 0 19 0 19 24 0 0 0 0 0 0 0 0 0 0 10,689 534 11,223 26 0 0 0 0 0 0 0 0 0 0 8,737 0 8,737 28 0 0 0 0 0 0 0 0 0 0 7,890 0 7,890 Total (Feet) 0 0 0 0 0 0 0 0 0 0 27,334 534 27,869 Total (Miles) 0 0 0 0 0 0 0 0 0 0 5 0 5 323 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-13 Table 4-6 OC-35 Transmission Main Pipe Diamet er (inches) Length (feet) – OC-35 City Share Through WOCWB Feeder 2 Transmission Main Asbesto s Cement Copper Ductile Iron CI HDPE PE PVC SS STL STL CYL STL CYL CML Unknow n Total 27 0 0 0 0 0 0 0 0 0 25 4,035 0 4,059 30 0 0 0 0 0 0 0 0 0 0 2,341 0 2,341 33 0 0 0 0 0 0 0 0 0 0 12,313 0 12,313 36 0 0 0 0 0 0 0 0 0 0 13,397 0 13,397 Total (Feet) 0 0 0 0 0 0 0 0 0 25 32,085 0 32,109 Total (Miles) 0 0 0 0 0 0 0 0 0 0 6 0 6 324 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-14 Table 4-7 OC-44 Transmission Main Pipe Diameter (inches) Length (feet) – OC-44 City Share Through Mesa Water District Transmission Main Asbestos Cement Copper Ductile Iron CI HDPE PE PVC SS STL STL CYL STL CYL CML Unknown Total 36 0 0 0 0 0 0 0 0 0 0 8,480 0 8,480 Total (Feet) 0 0 0 0 0 0 0 0 0 0 8,480 0 8,480 Total (Miles) 0 0 0 0 0 0 0 0 0 0 2 0 2 325 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-15 Figure 4-3 Transmission and Distribution Piping by Material 326 D ""f 0 0"'1D c::::J laiil 1 !'llbry -rt~-nar t !!li:lmlt'.r Pump ~l.i:IU II Sl:lll)j'6'-iJ! 'mil .. i:IRu;u r;;·~ rv~, • .. Chea~ • ff\)Cfl 'i'/iJ!" .SertlfP c;,tti?CUOfl • -81P-eyln:=1-Cn EC!oo -Pip,,; ByNaterlal tl!JII ="'I' P<o/-np,,,• ""'~")'"'" ~«Y !I ChlOO0E ,>a ~Ul-J 1i' !Sar ~L~ i.-JUn~rC~ S 1J L, _J CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-16 The transmission mains constitute the majority of the steel pipe in the system. Water transmission pipelines associated with the three imported water service connections are vital to transmit water throughout the City and to all water storage facilities. Corrosion protection of the 30-inch, 36-inch, and 42-inch pipelines was included in the 1995 Water Master Plan. All City owned transmission mains have been completely retrofitted with corrosion protection systems. However, the vital transmission mains upstream of the City’s three imported water service connections that are either jointly owned with the West Orange County Water Board (WOCWB) or Mesa Water District have not been installed with any corrosion protection systems. WOCWB has stated their intention to retrofit OC-9 with impressed current cathodic protection in 2024 through 2025. The WOCWB is also planning to retrofit OC-35 with impressed current cathodic protection in 2027 and 2028. The 36-inch to 42-inch OC-35 transmission main begins at a connection with the West Orange County Water Board Feeder No. 2 (AKA OC-35) connection at Glenwood Drive/Springdale Street and runs south on Springdale Street and Edwards Street, then east on Clay Street to a connection with the OC-44 transmission main at Huntington Street, which is near to the Overmyer facilities. A non-rectified corrosion protection system was installed in 2009 for this transmission pipeline that included insulating fittings/test stations and all necessary appurtenances, including replacement of valves for the 42-inch coal-tar enamel coated steel water main. The 36-inch mortar coated steel water main was fitted with an impressed current rectifier corrosion protection system in 2013. The 30-inch transmission main begins at the jointly owned OC-44 service connection with Mesa Water District at Adams Avenue and the Santa Ana River and runs west on Adams Street, north on Brookhurst Street, west on Yorktown Avenue, then north on Huntington Street to a connection with the 42-inch transmission main in Clay Street. An impressed current rectified corrosion protection system was installed in 2012 for this transmission pipeline that included insulating fittings/test stations, an all-necessary appurtenances, including replacement of valves for the 30-inch cement mortar lined and coated steel water main. In accordance with the 1995 Water Master Plan, beginning at the West Orange County Water Board Feeder No. 1 connection at Edinger Avenue and Newland Street, a new 20- inch to 24-inch transmission main was constructed in 2007, running south on Newland Street to a connection with the OC-44 transmission main in Yorktown Avenue. The transmission main is primarily ductile iron pipe, with some segments being Polyvinyl Chloride (PVC), and was installed with a non-rectified corrosion protection system. In 2011, the remaining 2.5 miles of the original 21-inch OC-9 coal-tar enamel coated steel transmission main was extensively re-evaluated by a corrosion specialist. Their finding was extremely favorable in that the transmission main was found to be in very good condition. 327 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-17 Another transmission main in the system is the Downtown Loop that transmits water around and through the Downtown area. The 20-inch steel transmission main has an impressed current rectifier system for corrosion protection that was retro-fitted in 2007. The 20-inch steel transmission main connects with the 30-inch OC-44 transmission main at Yorktown Avenue/Huntington Street and runs west on Yorktown Avenue, then south on Lake Street, then west on Olive Street through Downtown, then north on Goldenwest Street to a connection with the 42-inch OC-35 transmission main on Clay Street. Table 4- 8 is a summary of pipes with Cathodic Protection. Table 4-8 Pipes with Cathodic Protection Pipe Diameter (inches) Length Protected (Feet) Length Total (Feet) % Protected 4 468 51,965 0.90% 6 653 1,083,810 0.06% 8 932 1,323,965 0.07% 12 1,780 500,046 0.36% 14 2,048 11,732 17.46% 20 25,862 30,306 85.34% 21 339 352 96.31% 24 8,042 9,427 85.31% 30 18,204 19,255 94.54% 36 12,697 13,580 93.49% 42 17,245 20,438 84.38% Total (Feet) 88,270 Total (Miles) 16.7 The remaining distribution system is a well-gridded system with the majority of the arterial grids composed of 12-inch or larger diameter Asbestos Cement (AC) pipe. Originally, only 1% of the piping in the system consisted of cast iron (35,000 linear feet). However, even this small amount is significant because unlined and uncoated cast iron pipe is prone to severe interior and exterior corrosion, respectively. Unlined cast iron pipe loses much of its original carrying capacity with age due to interior pipeline tuberculation. This is especially true for small diameter pipe. Up until 2005, there was a substantial amount of cast iron pipe in the City’s distribution system, the majority of which was 8 inches in diameter or smaller. Some of this pipe dated back 75 to 100 years based on City records. In accordance with the 2000 Water Master Plan, the City undertook an aggressive cast iron main replacement program and eliminated the cast iron pipe. Other Distribution Appurtenances & Essentials 328 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-18 4.5.1 Metered Service Connections The distribution system has 54,363 metered service connections. The majority of the metered services, 92.8% of total metered connections are ¾” to 1” in diameter (largely for single family residences). The City has recently completed converting all of its water meters from touch read to advance metering infrastructure (AMI). The conversion process began in 2009 and was completed in 2020. Touch read meters require a meter reader to only touch the top of the meter box with a sensor in order to read the meter. AMI meters send out a radio signal that provides not only the amount of water used by a customer, but also timestamps when the customer is using water. AMI infrastructure allows the City to analyze data on customer’s water consumption patterns, to better understand water demand, and can also be used locate leaky water services. Table 4-9 Meter Connections Meter Size (Inch) Number of Meter Connections Pct. ¾ 40,529 74.55% 1 9,006 16.57% 1.5 1,508 2.77% 2 1,989 3.66% 3 139 0.26% 4 Compound 82 0.15% 4 FM 205 0.38% 6 Compound 30 0.06% 6 FM 631 1.16% 8 FM 213 0.39% 10 FM 31 0.06% TOTAL 54,363 100.00% 4.5.2 Large Valves The distribution system has 18,035 valves, the majority of which are 4-inch in diameter and larger. Distribution system valves allow maintenance personnel to isolate discrete portions of the water system to perform repairs or to clean segments of the system. Water pipeline systems are cleaned by unidirectional flushing of water mains. Additionally, distribution system valves require periodic maintenance by exercising the valves. Exercising valves is simply closing and opening the valves, so that valves don’t become in-operable in one position. 329 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-19 Table 4-10 Distribution Valves (Excluding Small Diameter Service Valves) Valve Diameter (inches) Valve Type (All Valves Owned by the City or Share Ownership with Other Agencies) Line Valve Fire Service Valve Meter Valve Air Vac Valve Pump Out Valve Inter-connect Valve Blow Off Valve Backflow Valve Hydrant Valve Line Stop Unknown Total Unknown 43 3 5 4 5 1 6 0 19 8 1 95 1 1 0 1 13 0 0 1 0 0 0 0 16 2 4 2 10 277 0 0 798 0 0 0 0 1,091 3 3 0 10 3 0 0 0 0 0 0 0 16 4 170 199 200 75 88 0 244 1 3 0 0 980 6 2,931 622 63 0 63 14 10 2 5,764 0 0 9,469 8 4,143 176 20 1 86 21 12 3 43 0 0 4,505 10 173 21 3 0 0 2 0 0 0 1 0 200 12 1,281 7 3 0 2 40 0 0 1 10 0 1,344 14 28 0 0 0 0 0 0 0 0 1 0 29 15 2 0 0 0 0 0 0 0 0 0 0 2 16 131 0 0 0 0 0 0 0 0 0 0 131 18 35 0 0 0 0 1 0 0 0 0 0 36 20 36 0 0 0 0 1 0 0 0 0 0 37 21 5 0 0 0 0 0 0 0 0 0 0 5 22 2 0 0 0 0 0 0 0 0 0 0 2 24 29 0 0 0 0 1 0 0 0 0 0 30 27 1 0 0 0 0 0 0 0 0 0 0 1 30 22 0 0 0 0 0 0 0 0 0 0 22 36 16 0 0 0 0 0 0 0 0 0 0 16 42 8 0 0 0 0 0 0 0 0 0 0 8 Total 9,064 1,030 315 373 244 81 1,071 6 5,830 20 1 18,035 Pct. 50.26% 5.71% 1.75% 2.07% 1.35% 0.45% 5.94% 0.03% 32.33% 0.11% 0.01% 100.00% 330 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-20 4.5.3 Public and Private Fire Hydrants The City distribution system has 5,833 public fire hydrants and 957 private fire hydrants. Fire hydrants need to be painted on a regular basis to prevent corrosion. Also, similar to valves, fire hydrants need to be exercised periodically. Distribution system flushing exercises valves, hydrants, and also cleans distribution mains. In the past, flushing maintenance had a negative impact in that it would waste significant amounts of water directly to the storm drain. The City has improved this process, and as of 2018 the process was switched from hydrant flushing to using NO-DES (Neutral Output Discharge Elimination System) flushing technology. This technology runs the water through a filter system that treats the turbidity and clears the water. No water is discharged to waste and the amount of unaccounted for water is decreased by this technique. The City has a Standard Operating Procedure for Fire Hydrant Servicing. All public fire hydrants are serviced once per year to ensure all hydrants and hydrant valves are operational. Table 4-11 Public and Private Fire Hydrants Type Number of Fire Hydrants Pct. Public Fire Hydrants 5,833 85.91% Private Fire Hydrants (Estimated) 957 14.09% Total 6,790 4.5.4 Dedicated Fire Services The City has approximately 752 fire services with either a Double Check Detector Assembly (DCDA) or a Reduced Pressure Detector Assembly (RPDA). The DCDAs and RPDAs allow only unidirectional flow from the distribution system to the fire services, and thus they protect the distribution system from back siphon events or from contamination from fire protection systems. In accordance with California State law, all of the DCDAs and RPDAs require annual testing, paid for by property owners. The property owner is also responsible for the cost of installing and maintaining the backflow devices. The City’s Cross Connection Control Specialists insure compliance with State law and protect the integrity of the distribution system. 331 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-21 Table 4-12 Dedicated Fire Services and Backflow Devices Valve Diameter (Inches) Fire Services with Backflow Devices w/ Double Check Detector Assembly (DCDA) w/ Reduced Pressure Detector Assembly (RPDA) Total Fire Services 2.5 11 1 12 3 21 1 22 4 161 5 166 6 340 5 345 8 172 2 174 10 28 2 30 12 3 0 3 Total 736 16 752 Pct. 97.5% 2.5% 100% 4.5.5 Water System Personnel, Utilities Yard, Trucks, Equipment, etc. The City employs approximately 75 full-time equivalent personnel, to operate, maintain, repair, design, and renew the water system facilities. The City has a 7.2 acre utilities yard, complete with administration buildings, warehouse, materials and equipment storage, and workshops for maintenance of water facilities. The Water Utility has approximately 13 passenger vehicles, 57 light duty service trucks, 5 dump trucks, 5 backhoes, 1 boom truck, 1 water truck, 1 fluoride tanker, 1 ditch witch, and 1 skid steer. Operations and maintenance personnel are on call and available on an emergency basis to respond to emergency situations and provide high quality uninterrupted water service to the residents of the City’s water service area. 4.6 Distribution System Treatment Gaseous chlorine (CL2) is injected at all of the well sites to disinfect the water. The City receives imported water that has been disinfected by MWD by means of chloramination. The City disinfects at each of its well sites through the injection of gaseous chlorine (CL2) typically at a rate of about 1.0 milligram per liter (mg/l) residual, while the imported water disinfected by chloramination, is typically at a rate of about 2.2 mg/l residual. In accordance with the 1995 Water Master Plan, chlorination facilities at Well Site Nos. 6, 7, 9 and 10 were all upgraded by 2002. The upgrades included room modifications, some building construction, and the installation of secondary containment vessels with CL2 leak monitors and earthquake sensors. In accordance with the 2000 Water Master Plan, similar chlorination upgrades were constructed at Well No. 13 and completed by 2010. In the next few years, the City plans to move to onsite chlorine and fluoride generation, as discussed in section 7.3 of this master plan. 332 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 4-22 The City has fluoridated its water supply since 1972. The natural fluoride concentration of the groundwater ranges from 0.3 to 0.4 mg/l, and the City increases the fluoride concentration to between 0.70 and 1.30 mg/l. The natural fluoride concentration of the imported water supply has a fluoride content of 0.2 mg/l, and MWD increase the fluoride concentration to 1. 0 mg/l. 333 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-1 5 STORAGE AND EMERGENCY SUPPLY 5.1 Overview Storage is required in a water system to balance variations in demand above and below normal supply settings (operational storage), to provide water for fighting fires (fire storage), and to provide water when normal supplies are reduced or unavailable due to unusual circumstances (emergency storage). The City currently has 55.0 million gallons (MG) of storage capacity located at the Overmyer, Peck, Springdale, and Edwards Hill storage reservoirs as shown in Table 5-1. Booster stations are located at the Overmyer, Peck/Springdale, and Edwards Hill sites to pump water from the reservoirs into the Zone 1 distribution system at appropriate pressures. The Reservoir Hill Booster Pump Station, which is located at the Overmyer site, boosts water from Zone 1 into Zone 2, which does not have the capability to directly pump from a storage reservoir. In addition to Zone 1 pumps, the Edwards Hill Booster Pump Station also houses pumps to boost water from Zone 1 into Zone 2. Table 5-1 Existing and Proposed Reservoir Capacities Reservoir Location Capacity (MG) Existing Overmyer Zone 1 20.0 Edwards Hill Zone 1 9.0 Springdale Zone 1 9.0 Peck Zone 1 17.0 Subtotal Existing 55.0 Proposed Southeast (with 11,000 gpm booster pump station) Zone 1 10.0 TOTAL 65.0 As shown in Figure 5-1, the Newport-Inglewood Fault runs through the City. Currently there are no sources of supply and no storage reservoirs south of the fault. Water is supplied to the south from supply sources north of the fault. An earthquake on this fault could potentially sever water transmission and distribution pipelines crossing the fault and leave the southern portion of the City without potable water. 334 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-2 Figure 5-1 Newport-Inglewood Fault and Southeast Service Area 335 L,g,nrl c::J C it)' Baun d:11y .lOr11:.· 2 B01..mdiuv J l,iq.i;>,o.,t s...,;;.'"""' -R=voir /BomterPumpSlz!b:11 i nH+ Ne-..tiefl -\rtgl ew,od FatJI -sou,,aast Transn1sslon h -fli>& (:()~ 10 O•ernrY6f ~ ..... r,Olr • (l,g,,mw:;oltf 1/woll e knP71 W..iHH" St11i.b CCfTleCtktl • Em~~/litl!l'~Coo~ID"'I w..tor Pl~M &1 Dl'lflM4er· 4'"-~· !I". 15' --16"·111" --w--2 •· Vt , r. ---"""""'-""'~ CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-3 As adopted in the 2000 Water Master Plan, a 10 MG storage reservoir and an 11,000 gpm booster pump station is proposed in the southeast quadrant of the City, south of the fault. The reservoir and booster station were sized to supply demands to the area south of the fault and south of Bolsa Chica. The reservoir will serve to provide emergency storage to the southeast service area in the emergency event of an earthquake that could sever the watermains along the Newport-Inglewood fault line, isolating the service area. With the construction of this “Southeast Reservoir and Booster Pump Station”, the City would have 65.0 MG of storage capacity as shown in Table 5-1. The cost to build the Southeast Reservoir is estimated in chapter 7 of this report. These cost include $29M for the reservoir and the booster pump station and $25M for the extension of transmission pipelines to connect the facility from the site located South of the City’s Beach Maintenance Yard. In an effort to save the expense of the transmission mains, an alternative Southeast Reservoir site was assessed near the intersection of Pacific Coast Highway and Goldenwest Street. This location is very near the City’s 20- inch Downtown Transmission Main. A reservoir and booster pump station was modeled at this location with the assumption that a major earth quake on the Newport-Inglewood fault has severed all pipelines crossing the fault. Under this scenario, a reservoir and booster pump station would be able to successfully provide emergency water, albeit with reduced pressures, to the portion of the City located on the Southwest side of the Newport Englewood fault. Prior to constructing the Southeast Reservoir at the site South of the City’s Beach Maintenance Yard, the City is advised to attempt to purchase a tank site in closer proximity to an existing City transmission main. The four existing reservoirs are located in Zone 1. The proposed Southeast Reservoir would also be located in Zone 1. Operational, fire, and emergency storage for Zone 2 is available from the Zone 1 reservoirs and booster pumps. Additionally, a series of check valves connections are able to provide flow from Zone 1 to Zone 2, albeit at lower pressure. Each of the City’s reservoirs is a pumped storage reservoir that requires a booster pump station to boost water from the reservoir into the distribution system at appropriate pressure. Accordingly, the booster pump stations must be reliable. Natural-gas power is considered by some to be more reliable than electrical power. Emergency power is necessary at the booster pump stations to ensure supply from the storage reservoirs during a power outage. Emergency supply can take the place of emergency storage if the supply is available during the emergency scenario being considered. It then becomes important, whenever possible, to have emergency power or a dual source of energy at supply sites, such as the City’s wells, to ensure a reliable source supply. All of the City’s supply sources, wells and imported water connections, are located in Zone 1. The Zone 1 supply sources must provide peak-hour supply to the Zone 2 Edwards Hill and Reservoir Hill booster pumps because Zone 2 does not have a direct connection to a storage reservoir to supply operational storage. The Reservoir Hill Booster Pump Station and Edwards Hill Booster Station, together, must have sufficient pumping capacity to convey the Zone 2 peak-hour demand and the Zone 2 maximum-day demand plus fire-flow demand, and must be reliable. 336 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-4 5.2 Reservoir Operating Levels Table 5-1 shows the capacities of the City’s reservoirs corresponding to the reservoirs being filled to their maximum levels. However, during a normal operating day, the reservoir levels typically vary between the maximum and minimum levels in order to supply water into the system when needed. The City typically fills reservoirs at night when system demands are low, but even then, not all reservoirs are full at the same time. Reservoirs supply water into the system during the day when demands exceed the total supply from wells and imported water connections. The wells and imported water connections are set such that the reservoirs are exercised during high demand hours of a day. The volume that is drained and then refilled on a daily basis is operational storage. With this in mind, a total volume of 55 MG is rarely available at any one time. In assessing system storage, the full storage capacity of 55 MG is taken as a starting point. The operational storage needed for the maximum day demand (MDD) is then calculated. This volume is then subtracted from the 55 MG capacity to assess available storage when all reservoirs are at their lowest levels simultaneously during a normal operating day. Fire storage necessary for fire protection is then assessed assuming that complete system operational storage has been depleted during a normal MDD (worst case). Emergency storage, which is reservoir volume necessary to satisfy system demands when normal supplies are reduced or unavailable due to unusual circumstances, is then assessed after operational and fire storage volumes have been subtracted from system reservoirs (again, worst case). This is the industry standard methodology for assessing water system storage sufficiency. 5.3 Operational Storage As a general rule, supply sources other than reservoirs are designed to supply average day demand (ADD) up to MDD, and storage reservoirs are sized to supply the hourly demands in excess of MDD. This storage volume is termed operational storage. The reservoirs fill when demand falls below the total output from the wells and the imported water connections. Water agencies often reserve approximately 25% of MDD for operational storage. The City is located along the Pacific Ocean, which results in a moderate to mild climate. Accordingly, high demand variations in the summer are less severe than more inland areas. As a result, the City’s actual operational storage may be slightly less than 25% of MDD. However, to be conservative, 25% of MDD will be used as the operational storage requirement for the City’s water system for this water master plan. The year 2020 MDD for the City is estimated at 28,976 gpm (ADD of 16,098 gpm multiplied by a 1.80 MDD peaking factor as discussed in Section 2.3). At 25% of MDD, the operational storage requirement is 10.43 MG. The projected year 2045 MDD for the City is estimated at 34,078 gpm (ADD of 18,932 gpm multiplied by a 1.80 MDD peaking factor). At 25% of MDD, the operation storage requirement is 12.28 MG. 337 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-5 5.4 Fire Storage Fire flow is the flow rate of a water supply that is available for firefighting from fire hydrants at a minimum residual pressure of 20 pounds per square inch (psi). City fire flow requirements are set by the City Fire Department and are based on the current Uniform Fire Code (UFC). The fire flow requirements are based on land use, construction materials, and building floor area (fire area). The UFC requirements are minimum requirements and additional fire flow and storage might be required as determined by the City’s fire department. General fire flow requirements based on general land use classifications as shown in Table 5-2 will be used to analyze fire flow pressures and storage in this water master plan. Actual fire flow requirements would be determined by the City Fire Department in accordance with the UFC. The fire flows shown in Table 5-2 could be reduced if the building in question is provided with an approved automatic sprinkler system. It should be noted that, as of January 2011, all new residential construction is required to have fire sprinklers. Table 5-2 General Fire Flow Requirements for Water Master Plan Analysisa Land Use Designations Fire Flow (gpm) Flow Duration (hours) One and Two-Family (Low Density) Residential 1,000 to 2,000 2 Multi-Family (High Density) Residential, Mobile Home Park, and School 3,500 3 All Commercial (other than Regional), Hospital 5,000 5 Regional Commercial, Industrial 6,000 6 (a) The data in this table provides general City fire flow criteria to be used in this water master plan. Actual fire flow requirements would be determined by the City Fire Department in accordance with the Uniform Fire Code. As of Jan. 2011, all residential, including Low Density is required to have fire sprinklers, which should reduce flows above by up to 50% with a minimum of 500 gpm. Because a fire can occur on any day and at any time, the adequacy of fire storage and supply was analyzed under a MDD, after operational storage had been depleted. A Zone 1 fire flow storage requirement of two simultaneous 5,000-gpm fire flows for 5 hours (3.0 MG) was used in the 2005 and previous years’ City Water Master Plans and will be used as the Zone 1 requirement in this water master plan. It assumed that the two simultaneous Commercial or Mixed-Use fires would occur in the Downtown Area. 338 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-6 Zone 2 has some industrial land use. Accordingly, per the general fire flow requirements in Table 5-2, the maximum Zone 2 fire flow requirement is 6,000 gpm for 6 hours (2.16 MG gallons as indicated in Section 5.5.1). Because Zone 2 does not have a reservoir, this storage must be provided in Zone 1 reservoirs. The total Zone 1 fire storage requirement is then 5.16 MG. Booster pump stations utilized to satisfy fire flow requirements must be reliable with a redundant pump available for back up. For this reason, the largest pump at the Reservoir Hill Booster Pump Station was assumed out of service in analyzing the adequacy of Zone 2 fire-flow supply. 5.5 Emergency Storage/Supply Emergency storage is the volume in reservoirs that is available to satisfy demands when normal supplies are reduced or unavailable due to unusual circumstances. For the City, normal water supply is from wells and imported water connections. An emergency reduction in normal water supplies can occur at any time and it must be assumed that emergency storage is available only after operational and fire storage have been depleted (or reserved) from the reservoirs on the MDD. One way to gauge the magnitude of available emergency storage is to determine the equivalent number of days of average demand that can be provided. Year 2045 operational plus fire storage requirement for the City is estimated at 17.44 MG (12.28 MG operational plus 5.16 MG fire). Currently, the City has 55.0 MG of storage capacity. After the operational and fire storage have been depleted, 37.56 MG of storage is available as emergency storage. At actual 2020 demands of 23.18 MGD this equates to 1.62 average days of storage. At a year 2045 average demand of 27.26 MGD, 1.38 days of emergency storage would be available. With the construction of the proposed 10.0 MG Southeast Reservoir, 2.05 days of storage would be available using actual 2020 average demands and 1.74 days of storage would be available at 2045 demands. However, this is a rather abstract barometer of emergency storage that is primarily useful for comparison with other water purveyors. Emergency storage can also be measured in terms of “days” of operational storage. Based on the current emergency storage of 37.56 MG and the 2020 operational storage, the city currently has 3.60 days of supply. For the 2045 operational storage, this value decreases to 3.06 days. With the construction of the Southeast Reservoir, these values increase to 4.56 days and 3.87 days, respectively. In a 2001 survey conducted by the City of Huntington Beach Department of Public Works, various water agencies in California, Washington, and Arizona were asked how much emergency storage the water agency had “if they lost their major source of supply”. Emergency storage as the number of days of average demand (unless otherwise footnoted) for the various agencies contacted are shown in Table 5-3. Twenty six agencies were surveyed and 24 are listed in Table 5-3, with the high and low thrown out. The days of emergency storage calculated below puts Huntington Beach in the upper third of the agencies surveyed. Note that some agencies responded with days of “peak- day” demand or days of “emergency storage”, which are footnoted in Table 5-3. It is not known if days of “emergency storage” are days of average demand or peak demand. 339 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-7 Table 5-3 Emergency Storage for Other Water Purveyors Water Agency Emergency Storage (# Days Average Demand)(a) City of Huntington Beach(b) Without Southeast Reservoir (2020 demand) With Southeast Reservoir (2020 demand) 1.6 2.0 Respondents to 2001 City of Huntington Beach Survey City of Phoenix 1.9 City of Tucson 2.6 City of Anaheim 0.5 City of Pomona 1.5 City of Azusa 0.6 Palmdale Water District 2.1 Seattle Public Utilities(c) 1.5 City of Sacramento(d) 0.5 City of Garden Grove(d) 1.1 City of Inglewood(d) 1.4 City of Santa Ana(d) 0.4 City of Hawthorne(d) 0.7 City of Torrance(d) 0.7 City of San Diego(d) 0.4 Otay Water District(d) 0.6 City of Sacramento(d) 2.1 From Published Water Master Plans Irvine Ranch Water District 1.8 Capistrano Beach Water District – 1997 0.5 City of Tustin – 2000 0.4 City of Westminster – 1999 0.3 Yucaipa Valley Water District 2.0 City of Ontario 1.0 (a) Unless otherwise footnoted (b) Based on estimated average-day demand for 2015 (c) Days of “peak-day” demand (d) Days of “emergency storage” 340 -----------------------------------------------------------------------------------------------------------------1-----------------l CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-8 Emergency storage for other local water agencies (as days of average demand) from information published in recent water master plan reports are also included in Table 5-3. The City of Huntington Beach is approximately in the middle for emergency storage as days of average demand relative to the other agencies listed in Table 5-3. However, the amount of emergency storage needed by a given agency is dependent on the availability of other supply sources during a specific emergency scenario. Emergency storage as days of average demand pertains to an emergency scenario where no other source of supply is expected to be available. For Huntington Beach, this translates to complete loss of both groundwater supply and imported water supply. This is a possible scenario, but highly unlikely relative to a scenario where either groundwater supply or imported water supply is lost or reduced. In an emergency situation where water supply is lost or reduced, the City would go to public notification to reduce water demand. A reduction in demand to 80% of average- day demand is assumed in this water master plan for the emergency scenarios evaluated. Note that the days of average demand emergency storage shown in Table 5-3 is for normal average-day demand, i.e. not reduced. In this water master plan, five different emergency storage/supply scenarios were evaluated: • Emergency Scenario No. 1: A complete loss of the City’s imported water supply. • Emergency Scenario No 2: A complete loss of the City’s imported water supply coupled with a 7-day electric power outage. • Emergency Scenario No 3: A complete loss of the City’s groundwater supply. • Emergency Scenario No 4: A complete loss of the City’s imported water and groundwater supplies. • Emergency Scenario No 5: A complete loss of water supply to the portions of the City south of the Newport-Inglewood fault as a consequence of an earthquake on this fault. Emergency Scenario No. 1: A complete loss of the City’s imported water supply As discussed previously, the City purchases supplemental, treated, imported water from MWDOC, which is a member agency of MWD. MWD imports raw water from northern California and the Colorado River, then treats the majority of this water to potable standards at filtration plants located in throughout Southern California. As shown on Figure 5-2, imported water is conveyed to the City via the following routes: 341 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-9 Figure 5-2 Imported Water Pipeline System 342 l!EGEND r··--. l __ .J City e..,.~ .. r; Clio-l'j •-l>w,l LoC'DL:Dl'I Wttare Imported Waler Servlce-c_..,_ E,,,.,.. Citf 0 20,000 Feel CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-10 1. From the Diemer Filtration Plant to the East Orange County Feeder No. 2 (EOCF2) to the OC44 Transmission Line to the OC-44 Service Connection at Adams Street and the Santa Ana River. 2. From the Diemer Filtration Plant and/or the Jensen Filtration Plant (to either the Lower Feeder or the Second Lower Feeder) to the West Orange County Feeder to: a. the West Orange County Water Feeder No. 1 to the OC-9 Service Connection at Newland Street and Edinger Street, and b. the West Orange County Water Feeder No. 2 to the OC-35 Service Connection at Springdale Street and Glenwood Street. The City’s allocated capacities in OC-9, OC35, and OC-44 are shown in Table 5-4. Table 5-4 City Imported Water Service Connections Connection Allocated Capacity (gpm) Zone Supply Location OC-9 6,300 Zone 1 Dale and Katella Streets (City of Stanton) OC-35 9,000 Zone 1 Dale and Katella Streets (City of Stanton) OC-44 6,700 Zone 1 Adams Ave. & Santa Ana River (East Orange County Feeder No. 2) TOTAL 22,000 The most likely causes for an imported water outage or reduction in supply would be a break in an imported water transmission main or mains or an outage at a filtration plant. Imported water transmission pipelines are well designed, with most of the pipelines constructed of welded steel pipe. However, the imported water transmission pipelines traverse hundreds of miles in areas with high seismic potential and this makes the imported water supply system susceptible to damage in a seismic event. Additionally, aging pipelines are subject to failure, especially metal pipes without corrosion protection systems in place. The MWD recommendation has been for water agencies to have seven days of storage/supply independent of imported water in order to have supply when MWD must take facilities down for repair or maintenance and as a safeguard against an emergency imported water outage. The imported water pipelines (outside of the City) also operate at high pressures and a pressure surge could rupture a pipeline. In December 1999, a pressure surge on the Allen McColloch Pipeline (AMP) ruptured a section of pipe. Because the rupture occurred on a section of pipe that was easily accessible and occurred in the winter, repairs took four weeks. Otherwise, the repair could have taken much longer. 343 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-11 MWD’s “Infrastructure Reliability and Protection Plan (IRPP)” is a program where MWD evaluates the reliability of its aqueduct facilities, treatment plants and distribution system. MWD conducted a regional evaluation of the risks to its facilities from earthquakes and categorized recovery times for four types of defined events, as summarized in Table 5-5. In addition to the recovery times shown in Table 5-5, MWD also provided a more detailed assessment of the time required for specific facilities in Orange County. An outage of the Diemer Filtration Plant is estimated to have a recovery time of 31 days and repairs on the East Orange County Feeder No. 2 is estimated to take 10 days. For Orange County, the most significant risk to imported water supply is believed to be movement of the Whittier-Elsinore fault system. Table 5-5 MWD IRRP-Defined Events and Recovery Times Defined Event Type of Failure Recovery Time Nominal Single Event Single location pipe failure due to earthquake, operational occurrences, or 3rd party incidents 3 to 10 days Recovery Plan Event Multiple location pipe failures due to a moderate earthquake 14 to 21 days Complex Single Event Single location pipe failure in a difficult location with interfering utilities 21 to 31+ days Extreme Event Failures of treatment plants and distribution system due to seismic events that significantly exceed design criteria 1 to 6 months The City has some protection against losing its entire imported water supply because imported water can be conveyed from the Diemer Plant to the City via several routes to OC-9 and OC-35 and a separate route to OC-44. Although concurrent breaks on several routes are possible, concurrent breaks on all of the routes is not considered likely. The City can also receive treated imported water from the Diemer Filtration Plant and the Jensen Treatment Plant via the West Orange County Feeder conveyance route, leaving the City less vulnerable to an outage at either of the two plants. MWDOC was contacted to discuss imported water supply reliability for Huntington Beach and their position is that the City might receive all, some, or none of its normal imported water supply after a major facility outage depending on circumstances. MWDOC would act to send imported supply to where it is most needed. Most likely, the City would see at least some reduction in its normal imported water supply because of the City’s strong groundwater supply relative to other areas entirely dependent on imported water. MWDOC would prioritize who most needed imported water, and conceivably the City could be asked to get by on groundwater alone if that is where the City fell on the priority list. 344 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-12 Under an extreme emergency in which no imported water were available, the City would have to rely on 100% groundwater supply to meet demands of 17,683 gpm and 18,795 gpm, which is the City’s projected year 2025 and 2045 average-day demand, respectively, reduced by 20% through public notification. In evaluating this emergency condition, it is assumed that “normal” booster pumping capacity, i.e. capacity from duty pumps not including the largest backup pump at each site, is available at all of the booster pump stations. If a duty pump were to be out of service for repair, it is assumed that the backup pump would take its place. To be conservative, it is assumed that one well pump is out of service for repair at the time of the emergency. For this evaluation, Well No. 5 is assumed to be out of service. As discussed previously, the City has a total potable water well capacity estimated at 20,350 gpm as shown in Table 5-6, with the assumptions footnoted. This is greater than the estimated 2025 and 2045 demands. However, under the assumption that Well No. 5 is out of service, the capacity is reduced to 17,350 gpm, which is less than the estimated 2025 and 2045 demands under a reduced scenario. The City would also have approximately 36 to 46 MG of emergency storage available depending on whether the 10 MG Southeast is on line. Table 5-6 Well Supply under Emergency and Electrical Power Outage Well Estimated Operating Capacity (gpm) Electric Motor (EM) or Natural Gas Engine (NG) Available Capacity w/Electrical Power Outage (gpm) Well No. 1A 2,250 EM 2,250 Well No. 3A 1,750 EM 0 Well No. 5 3,000 EM 0 Well No. 6 2,500 NG 2,500 Well No. 7 3,400 NG 3,400 Well No. 9 2,250 NG 2,250 Well No. 10 2,700 NG 2,700 Well No. 13 2,500 NG 2,500 TOTAL (gpm) 20,350 15,600 TOTAL (mgd) 29.3 22.5 345 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-13 Emergency Scenario No 2: A complete loss of the City’s imported water supply coupled with a 7-day electrical power outage Under this emergency scenario, it is assumed that an earthquake would disable the imported water supply for up to 31 days and would create a 7-day electrical power outage. In this scenario it is assumed that natural gas supply is not lost at any of the booster pump stations or well sites. The City has backup propane storage/equipment at each of the booster pump sites to power natural-gas engines in the event of an outage of the normal natural-gas supply, i.e. natural gas pipelines. Well Nos. 4, 7, and 13 also can receive emergency propane supply from the 10,000-gallon LPG tank at the Peck facilities site. In accordance with the 1995 Water Master Plan, to provide energy back-up at well sites, the City purchased a portable, trailer-mounted propane storage vessel in 2010 and constructed vaporizers at Well Site Nos. 6, 9, and 10. As in Emergency Scenario No. 1, it is assumed that normal booster pumping capacity is available, but that Well No. 5 is out of service for repairs. As shown in Table 5-6, Well Nos. 4, 6, 7, 9, 10, and 13 operate off of natural-gas engines and these wells would be available during an electrical power outage, whereas Well Nos. 3A and 12 have electric motors and would be out of service as backup generators are not available. Well No. 1A has an electric motor with a backup generator and would be available during an electrical power outage. Well No. 5 is assumed out of service due to repairs consistent with the assumption made in Emergency Scenario 1. Therefore, the well supply would be 15,600 gpm as shown in Table 5-6. As discussed in Chapter 4, all pumps at the booster pump stations with one exception are powered by a natural gas engine or can be powered by either an electric motor or a natural gas engine. All of these pumps would be available during an electrical power outage. The exception is the 400-gpm pump at the Zone 2 Reservoir Hill Booster Pump Station that is powered by an electric motor only and is assumed to be out of service during the electrical power outage. The City’s projected 2025 average-day demand reduced by 20% through public notification is estimated at 14,146 gpm. During an electrical power outage, available well supply is estimated to be 15,600 gpm, which results in a supply surplus of 8.0 MG for a 7-day outage. Additionally, the City would have 35.9 MG of emergency storage available from existing reservoirs, resulting in a supply surplus of 43.9 MG for the 7-day electrical power outage. The estimated year 2045 average-day demand reduced by 20% through public notification is 15,146 gpm. During an electrical power outage, a supply surplus of 4.6 MG for the 7-day period would occur. Additionally, the City will have 35.9 MG of emergency storage available (even without considering the proposed 10.0 MG Southeast Reservoir to satisfy demand during the 7 days) resulting in over 40 MG of supply surplus for the 7-day electrical power outage. 346 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-14 Emergency Scenario No 3: A complete loss of the City’s groundwater supply Another emergency scenario is a complete loss in the City’s groundwater supply from the Orange County Groundwater Basin, conceivably as a result of basin groundwater contamination. This emergency scenario is not deemed as likely as an imported water outage. In such an emergency, other basin producers would also be affected and a larger strain would be placed on imported water supply. Again, MWD and MWDOC would prioritize imported water delivery to agencies on a most needed basis. The City may or may not receive all of its imported water supply, which is 22,000 gpm as shown in Table 5-4. The maximum allocation of 22,000 gpm is more than sufficient to meet demands of 14,146 gpm and 15,146 gpm, which is the City’s 2025 and year 2045 average-day demand, respectively, reduced by 20% through public notification. The City would also have approximately 36 to 46 MG of emergency storage available depending on whether the 10 MG Southeast or the new reservoir from the potential desalination project is online. The existing emergency storage alone is equivalent to an 833-gpm supply for 30 days for the existing system and a 1,065-gpm supply for 30 days for the year 2045 system, assuming the additional 10 MG reservoir is online by then. Emergency Scenario No 4: A complete loss of both the City’s imported water and groundwater supplies A scenario where the City completely lost both its groundwater supply and its imported water supply is considered extremely unlikely. This would be the scenario where the total emergency supply for the City would need to come from emergency reservoir storage because it is assumed that neighboring cities would also be affected by such an extreme water supply emergency and that supply from emergency connections with other cities would not be available. Available emergency storage is equivalent to 1.41 days of operation for the projected 2025 water system demands and 1.32 days of operation for the 2045 system demands, assuming no additional storage is constructed; and 1.69 days assuming the 10 MG Southeast reservoir is online by then. However, under such an extreme outage scenario, the City would go to immediate public notification and demand would be reduced well below average demand. Because of the severe condition, it could be assumed that water demand would be reduced to 40% of average. A 40% reduction results in emergency storage equivalent to 2.35 days of operation for the projected 2025 water system demand and 2.20 days of operation for the 2045 system demands, assuming no additional storage is constructed; and 2.81 days assuming the additional 10 MG reservoir is on line by then. Emergency Scenario No 5: A complete loss of water supply to the portions of the City south of the Newport-Inglewood fault as a consequence of an earthquake on this fault Pumped storage in the southern part of the City, south of the Newport-Inglewood fault, was recommended in both the 2000 and 2005 Water Master Plans and is recommended in this water master plan update based on the findings in the 1999 City of Huntington Beach Infrastructure Restoration Study (Special Study Report on the Water and Drainage System Infrastructure) prepared by the U.S. Army Corp (1999 Army Corps Study). 347 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-15 Currently, there are no sources of supply and no storage reservoirs in the City south of the fault. The 1999 Army Corps Study concluded that water transmission supply pipelines crossing the fault would be ruptured by a design-basis earthquake on this fault, leaving the area south of the fault without a water supply. The study anticipated that a portion of the major water mains crossing the fault could be repaired after the earthquake to provide partial service to the southern areas isolated by the fault. A potential site at the oil property at the corner of Goldenwest St. and PCH has been identified. When the new reservoir and adjacent booster station is constructed, they would provide fire plus emergency storage for the area south of the fault and east of Bolsa Chica. These projects are recommended to remain for inclusion in the City’s Water CIP as discussed in Chapter 7. 5.5.1 Pressure Zone 2 The 2045 maximum day demand projected for Zone 2 is 2,390 gpm (3.44 MGD) using a 2.7 MDD factor as discussed in Section 2.3. At 25% of the maximum day demand, the operational storage requirement for Zone 2 is 0.86 MG. A 6,000-gpm fire flow for five hours is the Zone 2 fire flow requirement because of industrial land use in Zone 2. This equates to a fire storage requirement of 2.16 MG. The combined Zone 2 fire and operational storage requirement of 3.02 MG is well within the overall system requirement of 19.08 MG as described previously in Section 5.5. The Reservoir Hill Booster Pump Station has a Zone 2 pumping capacity of 6,060 gpm with the largest pump (3,500 gpm) out of service. The Edwards Hill Booster Pump Station has a pumping capacity of 3,750 gpm with all three Zone 2 pumps in operation. The combined Zone 2 pumping capacity of 9,810 gpm is sufficient to supply the MDD plus fire flow requirement of 8,390 gpm (2,390 + 6,000). The Reservoir Hill booster pumps with the exception of Pump No. 1 are powered by natural gas engines and the Edwards Hill booster pumps can be powered by either an electric motor or a natural gas engine. All of these pumps would be available during an electrical power outage. The exception is the 400-gpm Pump No. 1 at the Reservoir Hill Booster Pump Station that is powered by an electric motor only and is the only pump that would be out of service during an electrical power outage. A 1,500-gallon LPG tank and associated equipment are located at the Edwards Hill site to provide backup propane gas supply for operation of the engine-driven pumps. Two 3,900-gallon LPG tanks and associated equipment are located at the Overmyer/Reservoir Hill site to provide backup propane gas supply for operation of the Reservoir Hill booster pumps as well as the Overmyer booster pumps. 348 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 5-16 5.6 Storage/Supply Adequacy for Emergency Operating Conditions The City has sufficient reservoir storage to satisfy City operational plus fire storage requirements through the planning period ending in the year 2045. As scheduled in the City’s current Water CIP, a 10-MG storage reservoir and an 11,000-gpm booster pump station will be constructed in the southeast quadrant of the City to ensure supply reliability and storage for the area south of the Newport Inglewood Fault and south of Bolsa Chica. The City has sufficient emergency storage, groundwater supply, imported water supply, and emergency power to withstand a number of emergency supply outage scenarios evaluated in this Chapter. In accordance with the 1995 Water Master Plan to provide energy back-up at well sites, the City purchased a portable, trailer-mounted 500 gallon propane storage vessel in 2010 and constructed vaporizers at Well Site Nos. 6, 9, and 10. 349 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 6-1 6 HYDRAULIC MODEL CONSTRUCTION, MODEL VALIDATION & SCENARIO MODELING In the 2016 Water Master Plan Update, the hydraulic model provided by the City staff was validated and updated with analysis of projected future 2040 demand conditions. However, as stated below in Section 6.2, annual demands have actually stayed the same even with increasing population, primarily due to a steady trend of water reduction through aggressive water conservative efforts. The projected future 2040 demand from the 2016 Water Master Plan was 30,396 AFY, while this master plan is projecting future 2045 demand at 30,538 AFY. In addition, several major physical pipeline and water supply improvements have been made since 2016 to enhance the water system hydraulically, including newly constructed Well 1A and various pipeline upsizing and new connection projects to enhance fire flow availability at high density areas. The water model has been updated accordingly to reflect these improvements. 6.1 Hydraulic Model Description The hydraulic model used for this master plan was provided by City staff at the outset of the project. The model is in WaterCAD format and is compatible with Water GEMS modeling software by Bentley Systems. The model is used routinely by City staff and contains numerous scenarios. It contains all pipes, wells, reservoirs, imported water connections, and booster stations in the existing water distribution system, and several demand allocations including those representing existing and estimated future demand conditions for average day, maximum day and peak hour demands. 6.2 Model Validation Existing demands were first revised to correspond to the reduced demands experienced over the past few years as described in Chapter 2, which are also consistent with the 2020 UWMP, as discussed in Chapter 2. Then a series of validation analyses were conducted to verify that the model adequately simulated observed operating conditions within the distribution system. An existing demand condition was selected for the validation analyses after review of the model and discussion with City staff. The validation analyses were run under various existing demand conditions. The results were reviewed with City staff, and it was determined that the existing model provided accurate results for use on this project. The review determined that the existing piping system was sufficiently accurate and the existing demand allocation was suitable for analyses for this Water Master Plan. The WaterCAD model simulates pump station flows and pressures into the system using reservoirs set to an overflow elevation equal to the hydraulic gradient in the system. Refill rates to the water storage facilities are simulated with control valves and a separate reservoir to receive the refill water. Imported supplies from the three turnouts and from City wells are simulated as input flow to the system (negative demand) equal to the reported typical yield of each well and turnout. In cases where a well or turnout is not operating, input flows are set to zero. 350 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 6-2 Hydraulic analyses conducted for this project used the existing system model to create a series of extended period simulation (EPS) analyses that represent demands experienced over a typical week in June 2020. These demand curves were then uniformly increased to reflect conditions that could be expected during a week of maximum demand. Hydraulic analyses were conducted under existing and future year 2045 demand conditions. 6.3 2022 Hydraulic Model Update The WaterCAD hydraulic model was update as of September 2022 for the purpose of the 2022 Water Master Plan Update. Prior to this, the last known update to the model was for the 2016 Water Master Plan Update. The model was updated to include recently completed CIP projects (per the 2016 Water Master Plan) as of FY 2022. 3 CIP projects have been added to the model at described in Table 6-1. Table 6-1 Recently Completed CIP Projects Added to Model 2016 CIP Project No. Description Date Completed Project No. 1 – Beach Blvd. Pipe Improvements Approx. 1,400 linear feet of 12-inch pipe added on the east side of Beach Blvd. between Blaylock Dr. and Robidoux Dr. to connect 2 dead end segments and improve fire flow in the area. 2018 Project No. 16 – Pacific Shores Development Approx. 310 linear feet of 8-inch pipe added from Attleboro Circle to the Pacific Shores Private Development. The Pacific Shores Private Development watermain connects to the City’s 12-inc pipeline on Newland St. 2013 Project No. NA – Well No. 1 Replacement Well No. 1A with a capacity of 2,250 gpm was constructed to replace Well No. 1 on the same site. 2018 It should be noted that various other CIP projects have been completed since the 2016 Water Master Plan, however it was discovered that those projects were already included in the model. Specifically, Bolsa Chica Water Main Extension Project No. 23 was completed in 2017 and connects dead end pipeline at the ends of Graham St., Falkir Ln., Bankton Dr. and Allstone Dr. This project was already included in the model. Additionally, Sunset Beach Water Main Replacement and Extension Project No. 32 was completed in 2020 and was found to be included in the model. A general comparison against the latest version of the system GIS was performed. The City’s GIS is the most up to date and accurate representation of the City’s water system, and a general comparison was performed to ensure the model mirrored the GIS. Table 6- 2 is a list of pipes added to the model as a result of the comparison. One pipeline segment was added. This segment was not part of the 2016 Water Master Plan CIP. 351 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 6-3 Table 6-2 Pipes Added to Model from Comparison to GIS Description Date Completed Approx. 500 linear feet of 6-inch pipe added on Geneva Ave. between Indianapolis Ave. and Delaware St. 2020 6.4 Distribution System Modeling Various scenarios were set up by varying demand conditions and modeled to analyze the transmission and distribution system to determine system responses and develop recommended capital improvements. These scenarios are summarized in the following sections and described in the technical memorandums in the appendices. 6.4.1 Maximum Week Condition 6.4.1.1 Existing Demands Demand data for a typical week in June of 2007 was provided by City staff, including diurnal curves for the entire week. These typical daily demands were factored up to represent a typical week during the maximum week. Current data for a typical week in June 2020 was also provided by City staff, for comparison purposes to determine if maximum demands require adjusting and additional model updates accomplished. Due to the fact that water use may rebound in the future, and to remain somewhat conservative in hydraulic modeling, peaking factors will remain the same as that determined from the 2012 Water Master Plan. The June 2007 data had an average daily demand of just over 23,000 gpm and a maximum peak hourly demand of 34,700 gpm. While the June 2020 data had a significantly lower average daily demand of approximately 19,190 gpm, the maximum hourly demand was just over 28,700 gpm for both Zone 1 and Zone 2, which is only slightly lower than what was modeled in the previous master plan. Since the peak demands used in the previous modeling were somewhat conservative but similar, no additional modeling is required for this master plan update. Capital projects included in the previous master plans that remain to be completed are discussed in detail in Chapter 7 and were analyzed in 2016 Water Master Plan to determine/confirm proper sizing and location. 6.4.1.2 Future (2045) Demands The future 2045 demand projections (sometimes referred to as Build-out in this master plan) were described previously in Chapter 2. The additional demands over and above existing demands come mostly from the demands associated with the City’s 2021-2029 RHNA allocation of 13,368 housing units. The location of these demands is discussed the Housing Element Update and specific sites are identified in Appendix B of the Housing Element Update. These sites are primarily located in the Beach-Edinger Corridor Specific Plan Area and the Holly-Seacliff Specific Plan Area. Therefore, projected additional 352 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 6-4 demands are placed on nodes within the water distribution system in accordance with the location where they are anticipated to occur. As discussed in Chapter 2, the RHNA accounts for approximately 2,642 gpm of additional average day demand, which was distributed throughout the areas identified in the Housing Element Update. Similar to the existing system hydraulic modeling discussed above, the future demands projected for 2045, were placed on the hydraulic model and week-long EPS runs were analyzed for average and maximum day conditions. Under these Build-out system hydraulic analyses, the water transmission and distribution system, including all of the remaining master plan improvement projects discussed in Section 7.3, performed very well. There are capital improvement concepts analyzed that can help meet build-out maximum day demands totaling almost 38,700 gpm. It should, however, be pointed out that the Well Study recommended in this master plan could also have an impact on the potential build-out improvements. However, if average demands do not reach these levels due to continued water conservation, then these improvements could be reduced in size and scope. 353 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-1 7 CAPITAL IMPROVEMENT PROGRAM 7.1 Overview On September 18, 1995, the City Council adopted the Capital Surcharge, a pay-as-you-go (cash) basis to fund master plan projects listed in the City's Water Master Plan. The Capital Surcharge is a flat monthly charge to each water customer, regardless of water usage. The surcharge first became effective December 1, 1995 and was initially set at $3.00 per month per equivalent dwelling unit (EDU). It increased $0.50 each December 1 through December 1, 2000, when it became $5.50 per month per EDU. On December 1, 2007, the surcharge was decreased to $2.00 per EDU and was to remain at that level in perpetuity to pay for the maintenance of facilities built from water master plan recommendations. On November 19, 2007, City Resolution 2007-78 rolled the $2.00 surcharge into the monthly water meter rate of Water Fund for on-going maintenance of facilities. The water meter rate is adjusted annually by the Consumer Price Index. A summary of monthly Capital Surcharges appears in Table 7-1. As of July 1, 2022, the Water Master Plan Fund balance was approximately $19.4 million. Table 7-1 History of Monthly Capital Surcharges Effective Datea Monthly Surcharge ($/EDU) Effective Date Monthly Surcharge ($/EDU) December 1, 1995 $3.00 December 1, 2008 $0 December 1, 1996 $3.50 December 1, 2009 $0 December 1, 1997 $4.00 December 1, 2010 $0 December 1, 1998 $4.50 December 1, 2011 $0 December 1, 1999 $5.00 December 1, 2012 $0 December 1, 2000 $5.50 December 1, 2013 $0 December 1, 2001 $5.50 December 1, 2014 $0 December 1, 2002 $5.50 December 1, 2015 $0 December 1, 2003 $5.50 December 1, 2016 $0 December 1, 2004 $5.50 December 1, 2017 $0 December 1, 2005 $5.50 December 1, 2018c $3.00 December 1, 2006 $5.50 December 1, 2019 $3.00 December 1, 2007b $2.00 December 1, 2020 $3.00 December 1, 2021 $3.50 December 1, 2022 $4.00 a) City Resolution 99-34 Adopted the Capital Surcharge Schedule 354 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-2 b) City Resolution 2007-78 rolled the $2.00 Capital Surcharge into the monthly water meter rate of Water Fund for on-going maintenance of facilities. The water meter rate is adjusted annually by the Consumer Price Index. c) A capital surcharge was re-enacted in 2018. The water master plan CIP is periodically updated, typically every five years, with the last update completed in 2016. The list of capital projects is determined based on current and projected system demands, the estimated remaining useful life of existing water system infrastructure, and the necessity to enhance and improve water quality and reliability. While many original projects have been completed since the inception of the Water Master Plan, capital projects with a project cost of approximately $119.9 million remain to be constructed. Furthermore, this current Water Master Plan update has identified a significant number of new capital projects, with total costs of an additional approximately $28.6 million that are essential to replace aging critical water system infrastructure throughout the City. Therefore, a sum total of approximately $148.5 million (based on present value, not including future escalation) in water infrastructure improvements are necessary over the next 20 years. 7.2 Remaining Water Master Plan Capital Improvement Projects Water master plan projects that remain to be constructed from the 2016 Water Master Plan to be funded from the water master plan project funds are described below and are identified with project numbering consistent with the previous 1995, 2000, 2005, 2012, and 2016 water master plans. Project No. 12: Permanent Wellhead Facilities for Well No. 13 Well No. 13, a fairly new well, has been operating with temporary facilities. Building a permanent well head enclosure will utilize the existing casing but will include a larger building, new mechanical equipment, improved controls, along with electrical equipment to allow this pump to operate as a hybrid, using electricity as well as natural gas. Project No. 13: Southeast Reservoir and Booster Pump Station A 10 million gallon storage reservoir and an 11,000 gpm booster pump station are recommended in order to increase reliability to the southeast service area. The storage reservoir and pump station is proposed to be located near the Downtown Loop transmission main and will provide adequate pressure to the southeast service area in the emergency event that the southeast service area is isolated from the rest of the system. A potential site at the oil property at the corner of Goldenwest St. and PCH has been identified. A reservoir located at this site has been verified to be hydraulically feasible. A short 500 linear foot, 36-inch transmission main will be constructed to connect the reservoir to the Downtown Loop. 355 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-3 Project No. 14: Southeast Reservoir Transmission Main A 10,400 linear foot, 36-inch distribution/transmission main will be constructed from the potential desalination booster station or City Southeast Reservoir Booster Pump Station to transmit water to the Downtown Loop. This new line will be interconnected with existing distribution lines along its route to distribute water to the southeast service area. The proposed routing from the Booster Station is north on Newland Street, then west on Atlanta Avenue to a tie-in with the 20-inch Downtown Loop at 3rd Street/Lake Street. This segment was undersized in the 2005 Water Master Plan at 16- to 24-inches and needs to be 36-inches in diameter. Project No. 14A: Southeast Reservoir Transmission Main Extension to Overmyer Modeling conducted with this current master plan also determined that an additional water transmission pipeline is needed to connect the Southeast Transmission Main to Overmyer Reservoir to handle day-to-day operations and to maintain water quality throughout the system. This additional transmission pipeline should have been included with the previous master plan and will be included as part of this current list of updated master plan projects. The project involves a 1.5 mile, 36-inch and 0.25 mile 42-inch pipeline extension from the Southeast Reservoir Transmission Main at Atlanta Avenue up Huntington Street to Overmyer Reservoir. Additionally, two pressure regulating stations are needed for the two interconnects to the smaller diameter distribution system pipelines near the proposed Southeast Reservoir site and at the tie-in to the 20-inch Downtown Loop. This project would, of course, only be constructed in conjunction with or following the construction of the Southeast Reservoir Transmission Main, Project No. 14, above. This new, 1.75 mile transmission main could be operated under system pressure to move water from Overmyer Reservoir to maintain levels in the Southeast Reservoir. Along with the Southeast Booster Station, it could also be operated to back-up Overmyer Reservoir if the reservoir needs to be taken down for maintenance. In the event desalinated water becomes available, this line could operate either (1) under system pressure; or (2) under low pressure as a dedicated fill line to Overmyer Reservoir. New Project No. 26: New Water Well No. 14 (Beach Blvd./Heil Ave.) New well required to provide redundancy within the HB well field. Design capacity TBD. Will offset the supply capacity that was recently lost from the well casing failure at Well No. 12 and the shutdown of Well No. 4. Well No. 12 was permanently capped and abandoned in 2015 (refer to Table 3-9 for history of active and abandoned water wells). Well No. 4 has been temporarily placed out of commission with a rehabilitation project scheduled for FY23/24. A tentative location for this well has already been determined to be an open lot at the intersection of Beach Blvd. and Heil Ave. The design capacity and location can be verified/finalized during the design, and no other studies are needed to precede this project. 356 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-4 New Project No. 27: New Water Well No. 15 (Location TBD) New well required to provide redundancy within the HB well field. Design capacity TBD. Will offset the supply capacity that was recently lost from the well casing failure at Well No. 12 and the shutdown of Well No.4. Well No. 12 was permanently capped and abandoned in 2015 (refer to Table 3-9 for history of active and abandoned water wells). Well No. 4 has been temporarily placed out of commission with a rehabilitation project scheduled for FY23/24. New Project No. 31: Aging Water Main Replacement Program – Primarily Asbestos Cement Pipe and Other Aging Water Mains throughout the City Asbestos Cement Pipe (ACP) was commonly used around 50 years ago due to its competitive unit cost and because it was believed to be superior in resisting pipe corrosion. Unfortunately, studies have shown that ACP tends to become brittle with age, is prone to gradual loss in structural integrity from both high ground water on the outside, as well as permeation from the inside. Typical life expectancy of ACP is around 100 years. As of today, there are nearly 465 miles of ACP in the City’s water system, primarily between 45 and 55 years old. This Aging Water Main Replacement Program will initially target older ACP in areas of highest groundwater level. The cost for this program assumes replacing 45 percent, or 200 miles, of this aging pipe over the next 20 years, or 10 miles/year. New Project No. 34: 8-Inch Water Main Replacement in Conjunction with Federally Funded Humboldt Bridge Rehabilitation & Widening Project The Humboldt Drive Bridge is a multi-span steel I-girder bridge constructed in 1963. The bridge is approximately 35 feet wide and approximately 156 feet long; it measures 26 feet curb to curb, which is below the minimum roadway width required for this bridge. The bridge provides one 13-foot lane in each direction for vehicular traffic. The rehabilitation and widening of the bridge are being funded through the federal Highway Bridge Replacement and Rehabilitation Program. Since the existing waterline has nearly reached its useful life and cannot be protected in place, replacing it during the bridge rehabilitation will be more cost effective than replacing the waterline as a separate standalone project. New Project No. 41: Groundwater Master Plan This 2016 Water Master Plan Update contains several new wells to replace losses experienced in groundwater pumping capacity due to aging well infrastructure or degradation in water quality. The useful life of water wells can vary greatly but is typically between 40 and 60 years. The Orange County Water District regulates the basin and dictates the Basin Pumping Percentage (BPP), which is subject to annual changes. Typically the City is allowed to produce a minimum of 60-70% of our potable water needs from the groundwater basin with OCWD’s long-term goal to maintain a BPP of 85%. The balance of the City’s potable water needs is purchased from our imported water wholesaler, MWDOC. Imported water is nearly three times the cost of well water, so it is in the City’s best interest to have adequate well pumping capacity to provide groundwater to the annual BPP limit. The City also needs reliable water wells with surplus capacity to 357 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-5 handle scenarios when existing wells are temporary removed from service for routine maintenance or if imported supplies are curtailed. The purpose of the Groundwater Master Plan is to capture all relevant data pertaining to existing active water wells, to estimate remaining useful life, and to identify an on-going water well replacement schedule, taking into account the fact that it takes many years to plan, acquire right-of- way, design, permit, equip and put a well into operation. The Groundwater Master Plan should, at a preliminary design level, identify feasible well sites for purchase/acquisition. New Project No. 42: Water Security Improvements at Well No. 3A Water Well No. 3A is located near Warner Avenue and Gothard Street, was drilled around 1994, and has a design pumping capacity around 2,500 gpm, but is currently operating at approximately 80 percent of that capacity. In 2015, a deeper section of the well was filled with concrete to deter lower quality water from entering into the pump column. This method was successful in improving water quality at a very reasonable cost; however, capping the lower section did decrease the well’s ability to produce water at its original design capacity. The existing well infrastructure at Well No. 3A is in good condition. There will be new state-of-the-art monitoring equipment such as intrusion alarms to enhance physical security at this critical facility. New Project No.43: Water Security Improvements at Well No. 6 Water Well No. 6 is located near Gothard Street and Heil Avenue, was drilled around 1973, and has a design pumping capacity around 3,000 gpm. The existing well infrastructure at Well No. 6 is in good condition. There will be new state-of-the-art monitoring equipment such as intrusion alarms to enhance physical security at this critical facility. New Project No. 44: Water Security Improvements at Well No. 8 Water Well No. 8 is located near Goldenwest Street and Warner Avenue, was drilled around 1978, and has a design pumping capacity over 3,000 gpm. The existing well infrastructure at Well No. 8 is in good condition. There will be new state-of-the-art monitoring equipment such as intrusion alarms to enhance physical security at this critical facility. New Project No. 45: Water Security Improvements at Well No. 9 Water Well No. 9 is located near Newland Street and Warner Avenue, was drilled around 1981, and has a design pumping capacity over 3,000 gpm. The existing well infrastructure at Well No. 9 is in good condition. There will be new state-of-the-art monitoring equipment such as intrusion alarms to enhance physical security at this critical facility. New Project No. 46: Water Security Improvements at Well No. 10 Water Well No. 10 is located near Edinger Avenue and Beach Blvd, was drilled around 1981, and has a design pumping capacity around 3,400 gpm. The existing well infrastructure at Well No. 10 is in good condition. There will be new state-of-the-art 358 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-6 monitoring equipment such as intrusion alarms to enhance physical security at this critical facility. New Project No. 48: Annual Water System Corrosion Control Program Typically, on an annual basis, engineering and operation staff will evaluate and identify new projects in the category of corrosion control improvements. This is consistent with past Water Master Plan projects to apply corrosion control to City owned transmission mains within City limits, specifically OC-9, OC-44, and OC-35. To date, including corrosion control applied on the 20-inch Downtown Transmission Main Loop, approximately 16.5 miles of transmission mains have had cathodic protection installed to deter corrosion. The objective of these improvements is to prolong the life expectancy of metallic infrastructure, including but not limited to pipelines, fittings, and valves. Two projects identified in this Water Master Plan are also categorized under this annual program, they are No. 53: 8.6 Miles of OC-44 Transmission Main; No. 54: 5.3 Miles of OC-9 and 5.9 Miles of OC-35 Transmission Main. As with Project 48, this funding is for future, currently undefined projects of this nature. New Project No. 50: Water Master Plan and Financial Plan Update (Typically Every 5 Years) Typically, on a five (5) year cycle, the Water Master Plan and Financial Plan are updated to evaluate current projected infrastructure needs and available funds for capital improvement projects. Per City’s Municipal Code, Section 14.12.040(B), “A Capital Surcharge to be charged monthly as may be determined by the City shall be set by resolution of the City Council. All monies collected as the Capital Surcharge shall be used for water projects that are consistent with the goals and objectives of the Water Master Plan adopted by the City Council.” The 1995 Water Master Plan and Financial Plan Update outlined a substantial amount of costly water infrastructure needs, which eventually led to the City Council’s adoption of a Capital Surcharge for approximately 12 years (City Resolution No. 6713). This 2016 Water Master Plan and Financial Plan Update similarly identifies a large number of costly critical water infrastructure requirements for the next 20 years. The Financial Plan addresses financial needs and recommends various approaches to funding projects such as use of a Capital Surcharge, similar to the one adopted in 1995. New Project No. 51: Urban Water Management Plan (Typically Every 5 Years) Water agencies, such as the City, must update their Urban Water Management Plan (UWMP) every five years (for years ending with "0" and "5"), consistent with the requirements of the 1983 Urban Water Management Planning Act (Act). These updates detail each agency’s efforts to ensure water supply reliability under a range of hydrologic conditions as well as comply with any new regulatory requirements under the Act. The UWMP plays a key role from the City’s perspective to determine if adequate surplus water is available for future private developments. The UWMP will typically accomplish the following major objectives: • Evaluate the supplies necessary to meet demands over a 25-year period in normal year, single-year and multi-year droughts. 359 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-7 • Document the stages of actions the agency would undertake to address up to 50% reduction in its water supplies. • Describe the actions to be undertaken in the event of a catastrophic interruption in water supplies. • Evaluate the water use efficiency measures to satisfy the requirements of California SBx7-7. New Project No. 52: 8.6 Miles of OC-44 Transmission Main, Between 16-Inch to 42- Inch, Corrosion Control Improvements through Mesa Water District As described under Project No. 21, OC-44 Pipeline was constructed in the 1960’s, and is jointly owned by the Mesa Water District (58.6%) and the City (41.4%). Though nearly all of the existing 8.6 miles of transmission main does not have a history requiring leak repairs, it lacks cathodic protection, a proven cost-effective corrosion control method to indefinitely protect metallic pipelines from corrosion. While the expensive “one-time” cost of this method requires welding of wires between metal pipe joints to create electrical continuity, the overall cost of rehabilitation has shown to be a small fraction of the cost of transmission main replacement. New Project No. 53: 5.3 Miles of OC-9 & 6.0 Miles of OC-35 Transmission Main, Between 24-Inch to 36-Inch, Corrosion Control Improvements through West Orange County Water Board As described under Project No. 25 and No. 26, 6.0 miles of OC-35 and 5.3 miles of OC-9 were constructed in 1963 and 1956, respectively. Both transmission mains, located outside of City limits, are jointly owned by the WOCWB. WOCWB is jointly owned by the City (52.5%), City of Westminster (25.4%), City of Seal Beach (14.3%), and City of Garden Grove (7.8%). While nearly all of the existing 11.3 miles of transmission main does not have a history needing leak repairs, it lacks cathodic protection, a proven cost- effective corrosion control method to indefinitely protect metallic pipelines from corrosion. While the expensive “one-time” cost of this method requires welding of wires between metal pipe joints to create electrical continuity, the overall cost of rehabilitation has shown to be a small fraction of cost of transmission main replacement. New Project No. 54: OC-44 San Diego Creek Crossing Pipeline Protection with Rip Rap Scour Protection - Phase II After completion of Project No. 21, slip-lining the existing 42-inch OC-44 Pipeline with a new 30-inch diameter Ductile Iron earthquake resistant pipe, that section of new pipe across San Diego Creek is expected to once again be a reliable pipeline. However, this pipeline is lacking erosion or scour protection through the creek crossing section. This pipeline is vulnerable to damage from large flood events. Although large flood events are infrequent, there is still the probability that this pipeline will need to endure large scale flooding sometime during its remaining design life. Metropolitan Water District also maintains a transmission main crossing this creek, and their section of pipeline is encased in concrete rip-rap and shows no signs of erosion. Therefore, Phase II of this project, following Project No. 21, is to obtain necessary permits and funding to install concrete 360 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-8 rip-rap to permanently protect the section of the pipeline crossing the creek from future erosion and scour. New Project No. 55: Overmyer Booster Station Dual Energy Drive The Overmyer Booster Station is the largest of three Zone 1 booster stations that primarily maintains pressure and meets daily water demand in the heart of the City. The backbone of this booster station consists of two large natural gas engines, each over 400 horsepower and capable of delivering over 6,500gpm. Additionally, there are two more natural gas engines, each over 150 horsepower and capable of delivering around 3,500 gpm. Similar to Project No. 22, due to greater air quality concerns with natural gas driven engines, it has become increasingly difficult to satisfy South Coast Air Quality Management District’s regulatory requirements. To address this challenge, the Overmyer Booster Station Dual Drive Project will convert the existing natural gas driven system into a dual drive hybrid system, having options to run by electricity or natural gas. This project will further increase reliability of this vital booster station, and also allow City’s operation and maintenance team the flexibility to meet water demands while operating within regulatory requirements. New Project No. 56: Peck Reservoir Roof Replacement The Peck Reservoir roof is showing signs of wear and will soon need to be replaced. Although replacing the existing roof with similar material is likely the most cost-effective solution, a feasibility study will be performed with an objective to identify other potentially feasible alternatives to a new roof with a greater design life. In addition to the roof replacement, the project includes removal and replacement of under reservoir steel pipes and the installation of cathodic protection for these facilities. New Project No. 57: Annual Water Facilities Security Improvements Program Typically, on an annual basis, engineering and operation staff will evaluate and identify new projects in the category of facilities physical security improvements. Post-911, a Water System Vulnerability Assessment was performed in 2003 and various security features have been implemented. A number of projects identified in this Water Master Plan are also categorized under this annual program, such as No. 31: Peck Reservoir Site and Well No. 13 Security Improvements; No. 43: Water Security Improvements at Well No. 3A. However, additional projects that are currently unknown are anticipated to arise in the future and this annual funding is envisioned to cover those. 361 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-9 Table 7-2 Estimated Costs for Remaining Water Master Plan Projects Project # from 2016 WMP Project Name Estimated Design FY Estimated Design Costa,b Estimated Construction FY Estimated Construction Costa,c Total Estimated Cost Program Category Priority 12 Well 13 Permanent Wellhead Facilities 2030 $289,000 2025 $2,599,000 $2,888,000 Production 4 13 Southeast Reservoir and Booster Pump Station 2033 $2,306,000 2034-35 $27,653,000 $29,959,000 Resiliency 5 14 Southeast Reservoir Transmission Main 2033 $726,000 2034-35 $7,733,000 $8,460,000 Resiliency 5 14A New Connection – Overmyer to SE TM 2033 $781,000 2034-35 $7,811,000 $8,593,000 Resiliency 5 1.75 mi. 36” to 42” in Huntington Street $723,000 $7,225,000 $7,948,000 Interconnects at Overmyer Reservoir $37,000 $370,000 $407,000 PRVs at SE Reservoir and Atlanta/Downtown Lp $22,000 $218,000 $238,000 26 New Well No. 14 2025 $1,083,000 2026-27 $6,138,000 $7,221,000 Production 1 27 New Well No. 15 2028 $1,083,000 2029-30 $6,138,000 $7,221,000 Production 1 31 Aging Pipe Replacement (Include 5% of AC Pipe) Annuale $3,610,000 Annuale $36,104,000 $39,714,000 Replacement 3 34 8” Pipe Replacement Humboldt Bridge Rehab 2024 $36,000 2025 $108,000 $144,000 Replacement 3 35 OC-9 Replace 22” for I-405 Widen (OCTA Pays) 2017 -- 2023 -- -- Replacement DONE 41 Groundwater Master Plan 2025 $217,000 NA -- $217,000 Study 2 42 Security at Well 3A 2025 $73,000 2026 $144,000 $217,000 Security 4 43 Security at Well 6 2027 $73,000 2028 $144,000 $217,000 Security 4 45 Security at Well 9 2031 $73,000 2032 $144,000 $217,000 Security 4 46 Security at Well 10 2033 $72,000 2034 $144,000 $217,000 Security 4 48 Water System Corrosion Control Annuale $60,000 Annuale $1,444,000 $1,504,000 Corrosion 3 50 WMP and Financial Plan Updates Every 5 Years $289,000 NA -- $289,000 Study 3 51 Urban Water Management Plans Every 5 Years $289,000 NA -- $289,000 Study 3 52 8.6 Miles OC-44 Corrosion Controld NA -- 2028-29 $5,979,000 $2,475,000 Corrosion 3 53 WOCWB OC-35 and OC-9 Corrosion Control 2024-26 $800,000 2025-27 $10,000,000 $5,670,000 Corrosion 1 54 OC-44 Scour Protection 30” at Creek Crossing 2024 $60,000 2025 $897,000 $396,000 Replacement 3 55 Overmyer Booster Station Dual Drive 2030 $433,000 2031-32 $2,455,000 $2,888,000 Production 5 56 Peck Reservoir Roof Replacement 2032 $1,045,000 2033-34 $6,955,000 $8,000,000 Production 1 TOTAL $13,765,000 $121,623,000 $135,389,000 a) Estimated Cost estimates as of August 2022. Includes January CCI (LA ENR = 12556) and an estimated 20% increase to current month (August). Escalation of design and construction costs will be accounted for in the Financial Plan b) Design Costs range from 5 to 15% of construction costs, depending on project size and complexity and include preliminary design, final design, potholing, geotechnical, survey, and bidding services. c) Construction Costs include construction management and City project management. Construction management costs range from 2.5 to 5% of construction costs for shop drawings, RFIs, field visits, etc., but do not include inspection services. d) City project management costs range from 5 to 9% of construction costs and may include inspection services depending on the project type. e) Design already complete or costs encumbered. f) Amount shown is the sum of 20 years. 362 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-10 7.3 New Water Master Plan Capital Improvement Projects Eleven (11) new Water Master Plan projects and annual programs have been identified below, numbered from No. 58 to No. 68. These new projects and remaining projects above will all be funded by available Water Master Plan funds and will be implemented in order of their respective priority, as determined by Public Works staff. The estimated costs for the new capital projects described below, in September 2022 dollars, are summarized along with their year of anticipated design and construction on Table 7-3. New Project No. 58A-58K: City Wells and Booster Pump Stations Sodium Hypochlorite On-site Generation The City currently disinfects all of its well water through the injection of gaseous chlorine (CL2) typically at a rate of about 1.0 milligrams per liter (mg/l) residual. This project will convert all well sites to on-site sodium hypochlorite generation. Additionally, all booster pump sites will be fitted with on-site sodium hypochlorite generation. On-site generation of hypochlorite from inert feedstock will reduce hazards and costs associated with chemical storage and handling. New Project No. 59A-59K: City Wells and Booster Pump Stations Hydrofluorosilicic Acid On-site Generation The City currently injects Fluoride at all of its well sites. This project will convert all well sites to on-site generation of hydrofluorosilicic acid. New Project No. 60: Independent Review of all City Well Sites by Engineering Firm A project to perform an evaluation and produce a report with recommendations to enhance reliability, uniformity, and functionality of all City well sites. Note that this study is to assess existing well sites and is not a water supply study and should not attempt to recommend additional supply sources. New Project No. 61: Lead and Copper Rule Revision (LCRR) Inventory Study and GIS update The LCRR requires public water systems to develop an initial inventory of all lead service lines in their distribution system by October 16, 2024. This project will assess the City’s service lateral lines and provide an inventory of materials of all lines. The project will also update the City’s GIS to include material information for all City service laterals. New Project No. 62: Well No. 8 Replacement / Rehabilitation Well No. 8 has been out of service since 1980 due to presence of hydrogen sulfide and color in the water. The project will salvage the existing well site and rehabilitate the well to place it back in active service. Rehabilitation of Well No. 8 will be a more cost- effective means of providing additional supply to the system than new well construction. 363 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-11 The cost for this project includes a preliminary study that includes dynamic testing and a water quality analysis, with and feasibility for rehabilitation and recommendations. The cost for this project includes a preliminary study that includes dynamic testing and a water quality analysis, with recommendations of feasibility and rehabilitation. The study should include dynamic profiling of the well to determine if water quality can be improved by plugging and eliminating certain strata along the pipe column. New Project No. 63: New Water Well No. 16 (Location TBD) A third new well required to provide redundancy within the HB well field. Design capacity TBD. Will offset the supply capacity that was recently lost from the well casing failure at Well No. 12 and the shutdown of Well No. 4. Well No. 12 was permanently capped and abandoned in 2015 (refer to Table 3-9 for history of active and abandoned water wells). Well No. 4 has been temporarily placed out of commission with a rehabilitation project scheduled for FY23/24. New Project No. 64: Water Facilities / SCADA Cybersecurity Improvements In response to an uptick in worldwide cybersecurity threats the City will conduct an IT security audit and implement cybersecurity measures to prevent cyberattacks and modernize existing IT infrastructure. New Project No. 65: Well Quality Emergency Mitigation/Treatment Program In light of new regulations regarding PFAS and recent water quality issues at several City Wells (H2S, sand, manganese, PFAS), the City is in need of a systematic program for the quick and efficient design and construction of well head treatment on an as-needed basis. When wells are impacted by sand, odor, manganese, PFAS, and other constituents of concern, this program will allow staff to immediately begin design of mitigation/treatment. The program should include studies for initial testing, pre-design, bench-scale, and pilots. Program should also include quick deployment of temporary interim solutions, as needed, to maintain normal production of the wells New Project No. 66: Electric Vehicle Charging Stations at Utilities Yard To keep up with the growing trend of sustainable technologies, the City is proposing to provide level 2 charging stations at the utilities yard for city fleet vehicles. New Project No. 67: Manganese Treatment System at Well 3A Well 3A has been taken out of service for exceedance of MCL for Manganese. The City proposes to install well head treatment to lower manganese levels and place Well 3A back into service immediately. New Project No. 68: Well 4 Rehabilitation Well 4 was taken out of service due to poor production and the City proposes to rehabilitate the well to place it back online. 364 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-12 Table 7-3 Estimated Costs for New Water Master Plan Projects Project # Project Name Estimated Design FY Estimated Design Cost Estimated Construction FY Estimated Construction Cost Total Estimated Cost Program Category Priority 58A Well 1A Sodium Hypochlorite On-site Generation 2024-28 $8,678 2025-29 $368,618 $377,296 Production 2 58B Well 3A Sodium Hypochlorite On-site Generation 2024-28 $9,553 2025-29 $405,774 $415,327 Production 2 58C Well 4 Sodium Hypochlorite On-site Generation 2024-28 $15,683 2025-29 $666,204 $681,887 Production 2 58D Well 5 Sodium Hypochlorite On-site Generation 2024-28 $9,931 2025-29 $421,869 $431,800 Production 2 58E Well 6 Sodium Hypochlorite On-site Generation 2024-28 $18,291 2025-29 $776,969 $795,260 Production 2 58F Well 7 Sodium Hypochlorite On-site Generation 2024-28 $22,275 2025-29 $946,196 $968,471 Production 2 58G Well 9 Sodium Hypochlorite On-site Generation 2024-28 $18,917 2025-29 $803,543 $822,460 Production 2 58H Well 10 Sodium Hypochlorite On-site Generation 2024-28 $16,534 2025-29 $702,345 $718,879 Production 2 58I Well 13 Sodium Hypochlorite On-site Generation 2024-28 $20,798 2025-29 $883,466 $904,264 Production 2 58J Edwards Hill Reservoir Sodium Hypochlorite On-site Generation 2024-28 $14,195 2025-29 $602,973 $617,168 Production 2 58K Overmyer Reservoir Sodium Hypochlorite On-site Generation 2024-28 $15,899 2025-29 $675,355 $691,254 Production 2 59A Well 1A Hydrofluorosilicic Acid On-site Generation 2024-28 $8,678 2025-29 $368,618 $377,296 Production 2 59B Well 3A Hydrofluorosilicic Acid On-site Generation 2024-28 $9,553 2025-29 $405,774 $415,327 Production 2 59C Well 4 Hydrofluorosilicic Acid On-site Generation 2024-28 $15,683 2025-29 $666,204 $681,887 Production 2 59D Well 5 Hydrofluorosilicic Acid On-site Generation 2024-28 $9,931 2025-29 $421,869 $431,800 Production 2 59E Well 6 Hydrofluorosilicic Acid On-site Generation 2024-28 $18,291 2025-29 $776,969 $795,260 Production 2 59F Well 7 Hydrofluorosilicic Acid On-site Generation 2024-28 $22,275 2025-29 $946,196 $968,471 Production 2 59G Well 9 Hydrofluorosilicic Acid On-site Generation 2024-28 $18,917 2025-29 $803,543 $822,460 Production 2 59H Well 10 Hydrofluorosilicic Acid On-site Generation 2024-28 $16,534 2025-29 $702,345 $718,879 Production 2 59I Well 13 Hydrofluorosilicic Acid On-site Generation 2024-28 $20,798 2025-29 $883,466 $904,264 Production 2 59J Edwards Hill Reservoir Hydrofluorosilicic Acid On-site Generation 2024-28 $14,195 2025-29 $602,973 $617,168 Production 2 365 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH Tetra Tech, Inc. Water Master Plan Update 7-13 59K Overmyer Reservoir Hydrofluorosilicic Acid On-site Generation 2024-28 $15,899 2025-29 $675,355 $691,254 Production 2 60 Independent Review of all City Water Facilities by Engineering Firm. 2025 $300,000 -- -- $300,000 Study 1 61 Lead and Copper Rule Revision (LCRR) Inventory Study and GIS Update 2024 $50,000 -- -- $50,000 Study 2 62 Well No. 8 Replacement / Rehabilitation 2024 $330,000 2024-25 $2,900,000 $3,230,000 Production 1 63 New Water Well No. 16 2025 $1,083,000 2025-26 $6,138,000 $7,221,000 Production 2 64 Water Facilities SCADA Cybersecurity Improvements 2023 $300,000 2023-24 -- $300,000 Security 4 65 Well Quality Emergency Mitigation/Treatment Program 2024 $200,000 -- -- $200,000 Unanticipated/ Emergency 5 66 Electrical Vehicle Charging Stations at the Utilities Yard 2028 $300,000 2029 $1,200,000 $1,500,000 Sustainability 5 67 Manganese Treatment System at Well 3A 2024 $200,000 2024 $2,000,000 $2,200,000 Production 1 68 Well 4 Rehabilitation 2024 $150,000 2024 $1,350,000 $1,500,000 Production 1 TOTAL $3,255,000 $28,095,000 $31,350,000 366 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 7-14 Tetra Tech, Inc. Water Master Plan Update 7.4 Improvement Projects Categorized Into 8 Programs All 33 improvement projects and programs identified and described above are divided into 8 Capital Improvement Water Programs with recommended phasing over the next 20 years and an estimated uninflated total cost of $ 177 Million. They are as follows: • Water System Corrosion Control - 3 Projects/Programs - $8.5 Million • Water Resiliency Program – 3 Projects/Programs - $47.0 Million • Water Main Replacements - 4 Projects/Programs - $40.8 Million • Water Production System Improvements - 11 Projects/Programs - $57.7 Million • Water Facilities Security Improvements - 5 Projects/Programs - $1.2 Million • Water Engineering Studies - 5 Studies/Programs - $1.1 Million • Unanticipated/Emergency – 1 Project - $0.2 Million • Sustainability Projects – 1 Project - $1.5 Million 7.4.1 Water System Corrosion Control The Water System Corrosion Control Program consists of extending the life of existing buried metallic infrastructure such as pipelines, valves, fittings, and appurtenances. The annual capital improvement projects for water would combine all similar projects into this program for budgeting purposes. The City also performs annual evaluations and testing of all metallic pipelines and will make any necessary adjustments, enhancements and improvements, based on the results of these activities. 7.4.2 Water Distribution System Improvements The Water Distribution System Improvements Program consists of expanding and improving the existing distribution system, with the exception of complete replacements of small to large diameter pipelines. This program also includes water main extension projects to improve hydraulic circulation and system redundancy. The annual capital improvement projects would combine all similar projects into this program for budgeting purposes. 7.4.3 Water Main Replacements All improvement projects that are directly related to replacing aging water mains, both large and small diameters, are grouped into this Water Main Replacements Program. The long-term plan for this program is to gradually replace aging water infrastructure consisting primarily of old asbestos cement (AC) pipelines. The annual capital improvement projects would combine all similar projects into this program for budgeting purposes. 367 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 7-15 Tetra Tech, Inc. Water Master Plan Update 7.4.4 Water Production System Improvements All improvement projects that are directly related to production facilities, such as water wells, reservoirs, booster stations, treatment facilities, and import connections are grouped into this Water Production System Improvements category. This category also includes the program for well quality emergency mitigation and treatment. Many high priority projects identified in Chapter 7 are part of this program, such as new water wells and odor treatment facilities. The annual capital improvement projects for water would combine all similar projects into this program for budgeting purposes. 7.4.5 Water Facilities Security Improvements All improvement projects that are directly related to improving and enhancing security at all production facilities, such as water wells, reservoirs, booster stations, treatment facilities, and imported water connections are grouped into this Water Facilities Security Improvements Program. In 2003, the City performed a vulnerability assessment study at various production facilities and identified the need for security improvements varying from new security switches, to high-tech cameras and new structures. The annual capital improvement projects for water would combine all similar projects into this program for budgeting purposes 7.4.6 Water Engineering Studies The Water Engineering Studies Program consists of preparing studies such as Water Master Plan Updates, Urban Water Management Plans, a Groundwater Master Plan, or other unique studies serving planning purposes. Both Water Master Plan Updates and Urban Water Management Plans are typically accomplished on a 5-year cycle. 7.4.7 Unanticipated/Emergency Projects All improvement projects intended to maintain water supply in the event of an unanticipated shut-down of a supply source such as a water well. This program is intended to address the growing trend of groundwater wells being taken off line due to exceedance of water quality contamination levels as state and federal agencies continue to adopt and revise water quality regulations. 7.4.8 Sustainability Projects Improvement projects intended to promote green and sustainable technologies. These projects will keep City facilities up to date with state and national trends in green technology especially in the context of low emission vehicles. This program will provide the infrastructure for such vehicles. 368 CITY OF HUNTINGTON BEACH Water Master Plan Update CITY OF HUNTINGTON BEACH 7-16 Tetra Tech, Inc. Water Master Plan Update 7.5 Capital Improvement Priorities The capital improvement projects in Table 7-2 and Table 7-3 have been grouped into 5 priority categories, with Priority 1 projects being the highest priority and Priority 5 projects being the lowest priority. Priority 1 projects are projects that maintain a clean and reliable groundwater supply. In light of growing water quality concerns surrounding PFAS and other constituents, additional redundant supply sources will help the City keep ahead of source outages due to water quality. Priority 1 projects will allow the City to supply up to the BPP when operating at normal operating conditions (approximately 75-85% of full capacity). Priority 1 projects are also to provide treatment at well sites and corrosion control for City Transmission Mains. The Peck Reservoir roof replacement is also a priority 1 project. Priority 2 projects include well projects to allow the City to supply groundwater in excess of the BPP when operating at normal operating conditions. Priority 2 projects also include studies for future groundwater planning, including the groundwater master plan. Priority 3 projects include water distribution system pipeline replacement projects and projects to address corrosion. Priority 3 projects also include long term planning studies and reports. Priority 4 projects include cybersecurity improvement projects. Priority 4 projects are also reserved for projects to increase security at the well sites. Priority 5 projects are miscellaneous projects that include projects that are related to optimizing the system but are not immediately needed. These projects include new connections, enhancements to the Overmyer booster pump station, and the Southeast Reservoir and Booster Pump Station. 369 370 City of Huntington Beach NOVEMBER 2023 I "II: I TETRA TECH Prepared for: City of H untington Beach 2000 Main Street Huntington Beach, CA 92648 Prepared by: Tetra Tech 160 E. V ia Verde, Suite 240 San D imas, CA 91773 Adopt Water Master Plan February 18, 2025 371 Overview • Identify Capital Projects needed over the next 20 Years. • Updated every 5 to 7 years. • 2023 Update identifies 33 new projects at a total cost of $177 million. • Adoption of Water Master Plan does not commit city to any specific project. • Funding is from City Council approved Water Capital Facilities Charge 372 Questions? 373 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-088 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:David Cain, Interim Chief Financial Officer PREPARED BY:David Cain, Interim Chief Financial Officer Subject: Continued from February 4, 2025 with Public Hearing open - Continue a Tax Equity and Financial Responsibility Act public hearing and adopt Resolution No. 2025-05 approving, authorizing, and directing execution of a Joint Exercise of Powers Agreement relating to the California Public Finance Authority and approving the Issuance by the California Public Finance Authority of Revenue Bonds in an amount not to exceed $325,000,000 for Marisol HB, LLC, with no City obligations, as well as a Payment in Lieu of Taxes Agreement Statement of Issue: The City Council is asked to continue a public hearing under the Tax Equity and Financial Responsibility Act (TEFRA) that commenced on February 4, 2025 and adopt a resolution approving the issuance of Revenue Bonds by the California Public Finance Authority (CalPFA) on behalf of Marisol HB, LLC (Applicant), the sole member of which is The Bluhm Family Foundation, an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended (Code), in the aggregate principal amount not to exceed $325,000,000, and approving the City becoming a member of CalPFA, a joint exercise of powers authority, solely for the purpose of facilitating the financing of the rental senior living community described below. The Applicant is seeking to obtain financing for the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community and related parking facilities to be located in Huntington Beach. The tax-exempt obligations will be issued by CalPFA. As a jurisdiction in which the facilities are located, the Council must hold a public hearing under the provisions of the Tax Equity and Financial Responsibility Act (TEFRA) within the Code to receive any public testimony regarding the project in order for the Revenue Bonds issued by CalPFA to be issued on a tax-exempt basis. The City Council commenced the required public hearing on February 4, 2025 and will continue the public hearing on February 18, 2025. The City must also become a member of the CalPFA, a joint exercise of powers authority, so that the CalPFA can issue bonds to finance a project located within the City. Becoming a member of the City of Huntington Beach Printed on 2/13/2025Page 1 of 4 powered by Legistar™ 374 File #:25-088 MEETING DATE:2/18/2025 CalPFA does not subject the City to any liability or obligations. In accordance with Section 12 of the CalPFA Joint Exercise of Powers Agreement, in the event that Resolution 2025-05 is adopted by the City Council, such Resolution shall be filed with CalPFA together with a request that the City be added as an “Additional Member” of the Authority solely for purposes of facilitating the financing of the Project by the Authority. Should the City authorize the issuance of bonds, the City would have no obligation or liability associated with this facility or with these bonds. There is no revenue sharing or expenditure obligation on behalf of the City, either directly or in its capacity as a member of CalPFA. The facilitation of the public hearing under TEFRA requirements and the approval of the resolution authorizing the issuance of the tax exempt obligations by CalPFA, on behalf of the Applicant, best balances the Key Priority of Regional Leadership through Customer Satisfaction in that the City will enable one of its customers to obtain more favorable debt financing to be used for facility financing. Financial Impact: The City has no obligation or liability associated with this facility or this financing. Recommended Action: A) Continue a public hearing under the requirements of TEFRA and the Internal Revenue Code in consideration of the issuance of tax-exempt bonds by the California Public Finance Authority (CalPFA) for the benefit of Marisol HB, LLC for the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community facility located generally at 2120 Main St., Huntington Beach, CA, 92648, to be known as The Marisol; and B) Adopt Resolution No. 2025-05, “A Resolution of the City Council of the City of Huntington Beach Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority and Approving the Issuance by the California Public Finance Authority of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $325,000,000 to Benefit Marisol HB, LLC and Certain Other Matters Relating Thereto.” Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: The City has received a request by the Applicant to hold a public hearing regarding a proposed issuance of Revenue Bonds (Bonds) for the purpose of, among other things, the acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community facility located generally at 2120 Main St., Huntington Beach, CA, 92648, to be known as The Marisol. The City commenced the public hearing on February 4, 2025 and will continue the public hearing on February 18, 2025. The City is also requested to authorize CalPFA to proceed with the issuance of the Bonds. CalPFA, a Joint Exercise of Powers Authority consisting of numerous California cities, counties, and special districts, is authorized to assist in the financing and refinancing of senior living facilities when it City of Huntington Beach Printed on 2/13/2025Page 2 of 4 powered by Legistar™ 375 File #:25-088 MEETING DATE:2/18/2025 receives the appropriate certified resolutions from each jurisdiction in which the facilities are located. To initiate such financing, the member participant of CalPFA in which the facilities are located must (1) conduct a public hearing and (2) approve CalPFA issuance of indebtedness. Therefore, although CalPFA will be the issuer of the tax exempt obligations for the Applicant, the financing cannot proceed without the City of Huntington Beach’s approval and without the City becoming a member participant of the CalPFA. The City can limit the scope of its participation in the CalPFA to what is necessary or appropriate to facilitate the financing of the Marisol project located in Huntington Beach. In accordance with Section 12 of the CalPFA Joint Exercise of Powers Agreement, in the event that Resolution 2025-05 is adopted by the City Council, such Resolution shall be filed with CalPFA together with a request that the City be added as an “Additional Member” of the Authority solely for purposes of facilitating the financing of the Project by the Authority. The Internal Revenue Code requires all local legislative bodies, (the City Council of the City of Huntington Beach is the legislative body (Council)), to hold the hearing in order for the bonds to be issued on a tax-exempt basis. The attached resolution, if approved by the Council, will provide authorization to the CalPFA to issue tax exempt obligations on behalf of the Applicant in an amount not to exceed $325 million. The first subject item calls for the Council to hold a “TEFRA” hearing. This acronym stands for the Tax Equity and Fiscal Responsibility Act of 1982. This Act requires the local legislative body of the local agency in which the project is located to notice and conduct a public hearing. The Council commenced this hearing on February 4, 2025 and called for any public testimony regarding the proposed project financing. No written testimony was received; however, one member of the public testified during the public hearing. The Council will continue the public hearing on February 18, 2025. Holding the public hearing and approving the issuance of the bonds by CalPFA does not obligate the City, either financially or otherwise, with respect to the repayment of the bonds or the completion of the Marisol project. Staff also understands that the Applicant intends to apply for an exemption from property taxes under California Revenue & Taxation Code Section 214 and, if available, from other taxes. In the event that the Applicant is granted such exemptions in whole or part, the Applicant has agreed to make payments to the City in lieu of property and other taxes in an amount equal to the property and other tax revenues that the City would have received had such exemptions not been granted. In order to memorialize the Applicant’s agreement as set forth in the previous sentence, the Applicant has offered to enter into a Payment in Lieu of Tax Agreement (PILOT) with the City. The PILOT has been reviewed by the City Attorney and Kutak Rock LLP, as special counsel to the City, and contains no City obligations. Environmental Status: Not applicable Strategic Plan Goal: Goal 1 - Economic Development, Strategy A - Develop an updated economic development strategy to ensure business retention, local investments and job growth. City of Huntington Beach Printed on 2/13/2025Page 3 of 4 powered by Legistar™ 376 File #:25-088 MEETING DATE:2/18/2025 Attachment(s): 1. Notice of Public Hearing 2. Resolution No. 2025-05, “A Resolution of the City Council of the City of Huntington Beach Approving, Authorizing and Directing Execution of a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority and Approving the Issuance by the California Public Finance Authority of Revenue Bonds in an Aggregate Principal Amount Not to Exceed $325,000,000 to Benefit Marisol HB, LLC and Certain Other Matters Relating Thereto” 3. Payment in Lieu of Tax Agreement (PILOT) 4. Joint Powers Agreement 5. Presentation City of Huntington Beach Printed on 2/13/2025Page 4 of 4 powered by Legistar™ 377 378 The Orange Countv Register 1920 Main St., Suite 225 Irvine , Ca 92614 714-796-7000 5266074 MILLER ADVERTISING AGENCY, INC . 909 THIRD AVENUE 15TH FLOOR NEW YORK, NY 10022 FILE NO. R1230017 AFFIDAVIT OF PUBLICATION STATE OF CALIFORNIA, } ss. County of Orange I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter . I am the principal clerk of The Orange County Register , a newspaper of general circulation, published in the city of Santa Ana, County of Orange, and which newspaper has been adjudged to be a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of November 19, 1905 , Case No . A-21046, that the notice, of which the annexed is a true printed copy, has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to wit: 02/11/2025 I certify (or declare) under the penalty of perjury under the laws of the State of California that the foregoing is true and correct: Executed at Anaheim, Orange County, California , on Date : February 11, 2025 . Signature r.LP1-12115/16 PROOF OF PUBLICATION Legal No . 0011718984 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that at 6 p.m., Pacific time, or as soon thereafter as the matter may be heard, on February 18 , 2025, at City Council Chambers, 2000 Main Street , Huntington Beach , California , 92648 , the City Council of the City of Huntington Beach , Galifornia (the "City") will continue a public hearing (the "Public Hearing "), the first portion of which was held on February 4, 2025, as required by Section 147(1) of the Internal Revenue Code of 1986, as amended (the "Code"), with respect to the proposed issuance by the Galifornia Public Rnance Authority (the "Authority ") of its qualified 501(c)(3) bonds , as defined in Section 145 of the Code, in one or more series, taxable or tax-exempt , senior or subordinate, from time to time pursuant to a plan of finance, in an aggregate principal amount not to exceed $325 ,000,000 (the "Bonds "). The proceeds of the Bonds will be used by Marisol HB, LLC (the "Borrower''), the sole member of which is The Bluhm Family Foundation , an organization described in Section 501(c)(3) of the Code, to: (1) finance, refinance or reimburse the costs of acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community and parking facilities to be owned and operated by the Borrower and to be located at 2120 Main Street, Huntington Beach , CA , 92648; (2) pay capitalized interest on the Bonds; (3) fund one or more debt service reserve funds , if deemed necessary; (4) fund related working capital costs; and (5) pay certain expenses incurred in connection with the issuance of the Bonds . All property and facilities to be financed with the proceeds of the Bonds will be owned and principally used by the Borrower. The Bonds will constitute special limited obligations of the Authority payable solely from amounts received by the Authority pursuant to a loan agreement between the Authority and the Borrower. The City will not issue the Bonds, nor will the City nor the State of California have any liability with respect to the Bonds or the sale or offering thereof. Interested persons wishing to express the ir views on the issuance of the Bonds or on the nature and location of the senior living facility in the City proposed to be financed with proceeds of the Bonds may attend the Public Hearing or, prior to the time of the Public Hearing , submit written comments to the Interim Chief Financial Officer at City Council Chambers , 2000 Main Street, Huntington Beach , California, 92648. Subsequent to the Public Hearing, the members of the City Council will meet to consider approval of the issuance of the Bonds by the Authority. Published: February 11 , 2025 379 8 The Orange County Register and OCRegister.com I Section B I Tuesday, February 11, 2025 Sharpen your view! Opinionist Slqnupforo~rfree ,emallnewsletters. Bri ng you r A·game totoday'sd iscuss ionw ithdaily links toinformtd commentary on local, state and na t ional Issues. Sign up now! sen q.com/news letter IF YOU'RE BUYING OR SELLING A CAR IN ORANGE COUNTY, CLICK HERE • All the Local Dealer Specials Local Car News and Reviews Latest Consumer Reports Reviews OC's Best Interactive Tools to Buy and Sell Our Celebrations. THE ORANGE COUNTY REGISTER Nobody Beats Our Coverage. ocregister.com/subscribe 380 RESOLUTION NO. 2025-05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING, AUTHORIZING AND DIRECTING EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA PUBLIC FINANCE AUTHORITY AND APPROVING THE ISSUANCE BY THE CALIFORNIA PUBLIC FINANCE AUTHORITY OF REVENUE BONDS IN AN AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $325,000,000.00 TO BENEFIT MARISOL HB, LLC AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, pursuant to Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act"), certain public agencies (the "Members") have entered into a Joint Exercise of Powers Agreement Relating to the California Public Finance Authority, dated as of May 12, 2015 ( the "Agreement") in order to form the California Public Finance Authority (the "Authority"), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of Huntington Beach, California (the "City") has determined that it is in the public interest and for the public benefit that the City become a Member of the Authority solely to facilitate the financing of the hereinafter described Project by the Authority, which Project the City has determined will promote economic, cultural and community development activities in the City; and WHEREAS, there is now before this City Council of the City (the "City Council") the form of the Agreement; and WHEREAS, the Agreement has been filed with the City, and the members of the City Council, with the assistance of its staff, have reviewed said document; and WHEREAS, Marisol HB, LLC (the "Bonower"), the sole member of which is The Bluhm Family Foundation, an organization described in Section 50l(c)(3) of the Internal Revenue Code of 1986, as amended (the "Code"), has requested that the California Public Finance Authority (the "Authority") provide for the issuance of qualified 50l(c)(3) bonds as defined in Section 145 of the Code, in one or more series, taxable or tax-exempt, senior or subordinate, issued from time to time, including any bonds issued to refund such bonds, in an an10unt not to exceed $325,000,000 (the "Bonds"), to (1) finance, refinance or reimburse the costs of acquisition, construction, expansion, remodeling, renovation, improvement, furnishing, and/or equipping of a rental senior living community senior living community and parking facilities to be owned and operated by the Bonower and to be located at 2120 Main Street, Huntington Beach, CA, 92648; (2) pay capitalized interest on the Bonds; (3) fund one or more debt service reserves if deemed necessaiy; (4) fw1d related working capital costs; and (5) pay certain expenses incurred in connection with the issuance of the Bonds (collectively, the "Project"); and 381 RESOLUTION NO. 2025-05 WHEREAS, the Project is located within the City, and the Project will benefit the City by providing needed housing options ( and related support services) for seniors and by promoting the health, safety and general welfare of its residents; and WHEREAS, pursuant to Section 147(fJ of the Code, the issuance of the Bonds by the Authority must be approved by the City because the Project is located within the territorial limits of the City; and WHEREAS, the City Council is the elected legislative body of the City and is the applicable elected representative under Section 147(f) of the Code; and WHEREAS, pursuant to Section 147(f) of the Code, the City Council has, following notice duly given, held a public hearing ( on February 4, 2025 and February 18, 2025) regarding the issuance of the Bonds, and now desires to approve the issuance of the Bonds by the Authority; and WHEREAS, the City Council understands that the Borrower intends to apply for an exemption from property taxes under California Revenue & Taxation Code Section 214 and, if available, from other taxes; and WHEREAS, in the event that the Borrower is granted such exemptions in whole or part, the Borrower agrees to make payments to the City in lieu of property and other taxes in an amount equal to the property and other tax revenues that the City would have received had such exemptions not been granted; and WHEREAS, in order to memorialize the B01Tower' s agreement as set forth in the previous recital, the Borrower and the City desire to enter into a Payment in Lieu of Tax Agreement (the "PILOT"); and WHEREAS, the City Council understands that its actions in holding the public hearing and in approving this Resolution do not obligate the City in any manner for payment of the principal, interest, fees or any other costs associated with the issuance of the Bonds, and said City Council expressly conditions its approval of this Resolution on that understanding. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntington Beach as follows: SECTION I. The City Council hereby approves the Agreement solely for purposes of facilitating the financing of the Project by the Authority, and the Mayor or the designee thereof is hereby authorized and directed to execute said document, and the City Clerk or such Clerk's designee is hereby authorized and directed to attest thereto. In accordance with Section 12 of the Agreement, in the event that this Resolution is adopted, this Resolution shall be filed with the Authority together with a request that the City be added as an "Additional Member" of the Authority solely for purposes of facilitating the financing of the Project by the Authority. 2 25-l 5971/369113 382 RESOLUTION NO. 2025-05 SECTION 2. The City Council hereby approves the issuance of the Bonds by the Authority for the purposes of financing the Project. It is the purpose and intent of the City Council that this Resolution constitute approval of the issuance of the Bonds by the Authority for the purpose of(a) Section 147(f) of the Code by the applicable elected representative of the governmental unit having jurisdiction over the area in which the Project is located and (b) Section 12 of the Agreement. SECTION 3. The officers of the City Council are hereby authorized and directed, jointly and severally, to do any and all things and execute and deliver any and all documents, certificates and other instruments which they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this Resolution and the financing transaction approved hereby. Any actions heretofore taken by such officers are hereby ratified and approved. SECTION 4. The City Council expressly conditions its approval of this Resolution on its understanding that the City shall have no obligation whatsoever to pay any principal, interest, fees or any other costs associated with the Authority's issuance of the Bonds for the financing of the Project. This Resolution is not intended to nor shall it constitute an approval by the City Council of the Project for any other purposes except as set forth in Section 2, including, but not limited to, compliance with the California Envirorunental Quality Act (California Public Resources Code, Section 21100, et seq.). The adoption of this Resolution shall not obligate the City or any department thereof to (a) provide any financing with respect to the Project, (b) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary with respect to the Project, ( c) make any contribution or advance any funds whatsoever to the Authority or the Borrower or ( d) take any further action with respect to the Authority or its membership therein. SECTION 5. The form of PILOT presented at this meeting is hereby approved, and the Mayor, the Mayor Pro Tern, the Acting City Manager and the Interim Chief Financial Officer are each hereby authorized and directed, for and in the name and on behalf of the City, to execute and deliver the PILOT in substantially said form, with such changes, insertions and omissions therein as the Authorized Officer executing the same, Kutak Rock LLP, as special counsel to the City, or the City Attorney may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. SECTION 6. This Resolution shall take effect from and after its passage and approval. 3 25-15971/369113 383 RESOLUTION NO. 2025-05 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the __ th day of February, 2025. REVIEWED AND APPROVED: City Manager 4 25-15971/369113 Mayor APPROVED AS TO FORM: \t-v City Attorney INITIATED AND APPROVED: c-------~---------- ChiefFinancial Officer 384 Dated February 18, 2025 PAYMENT IN LIEU OF TAX AGREEMENT 1 between CITY OF HUNTINGTON BEACH and MARISOL HB, LLC Relating To The Real Property Located At 2120 Main Street In The City Of Huntington Beach, Orange County, California 1 NTD: Confirm with the Title Company (First American) that the Agreement is in proper form for rccordation. AMERICAS 128818535 385 Table of Contents Page Article I TERM ........................................................................................................................... 2 Section 1.01 Term .................................................................................................................... 2 Section I. 02 Recordation ......................................................................................................... 2 Article II REPRESENTATIONS AND WARRANTIES ........................................................... 2 Section 2.01 Representations of and Warranties by the City ................................................... 2 Section 2.02 Representations of and Warranties by the Company .......................................... 2 Article III PILOT PA YMENTS .................................................................................................. 4 Section 3.01 Tax-Exempt Status of the Property ..................................................................... 4 Section 3.02 Payments In Lieu Of Taxes ................................................................................ .4 Section 3 .03 Additional PILOT Payments ............................................................................... 5 Section 3.04 Late Payments ..................................................................................................... 5 A1iicle IV EVENTS OF DEF AUL T ........................................................................................... 5 Section 4.0 I Events Of Default ................................................................................................ 5 Section 4.02 Remedies On Default .......................................................................................... 6 Section 4.03 Payment of Attorney's Fees and Expenses ......................................................... 6 Section 4.04 Remedies; Waiver And Notice ............................................................................ 6 Article V MISCELLANEOUS ................................................................................................... 7 Section 5.01 Development of Property .................................................................................... 7 Section 5.02 Form of Payments ............................................................................................... 7 Section 5.03 Amendments ........................................................................................................ 7 Section 5.04 Notices ................................................................................................................. 7 Section 5.05 Binding Effect. .................................................................................................... 8 Section 5.06 Severability .......................................................................................................... 8 Section 5. 07 Counterparts ........................................................................................................ 8 Section 5.08 Applicable Law ................................................................................................... 8 Section 5.09 Entire Agreement. ............................................................................................... 8 Section 5.10 Defined Terms ................................................... Error! Bookmark not defined. Section 5.11 No Recourse ...................................................... Error! Bookmark not defined. AMERlCAS !288!8535 (i) 386 PAYMENT IN LIEU OF TAX AGREEMENT THIS PAYMENT IN LIEU OF TAX AGREEMENT (the "Agreement") is dated as of [_], 2025, (the "Effective Date"), by and between CITY OF HUNTINGTON BEACH, a charter city and municipal corporation of the State of California (the "State") having an office for the transaction of business at 2000 Main Street, Huntington Beach, California 92648 (the "City"), and MARISOL HB, LLC, a California limited liability company, and having its principal place of business at 900 North Michigan Avenue, Suite 1600, Chicago, Illinois 60611 (the "Company"). The City and the Company are sometimes refened to individually herein as a "party" and, collectively, as the "parties." W I TN E S S E TH: WHEREAS, the Company intends to become the owner of that certain real property located at 2120 Main Street located within the City of Huntington, County of Orange, State of California and further described in Exhibit A, annexed hereto (the "Project Site"); WHEREAS, the Company intends to develop a portion of the Project Site into a senior living community consisting of approximately 214 senior living units (the Project Site, as it may be developed from time to time is refened to herein as the "Property"); WHEREAS, the Company expects to finance the purchase and development of the Project Site with proceeds of tax-exempt bonds to be issued by the California Public Finance Authority; WHEREAS, at the Company's request, the City Council of the City held a public hearing and gave its limited approval of such tax-exempt bonds, as required by the Tax Equity and Fiscal Responsibility Act; WHEREAS, pursuant to Section 2 l 4(f) of the Cal. Rev. & Tax Code (the "Statute"), prope1iy used exclusively for housing and related facilities for elderly or handicapped families, at which supplemental care or services designed to meet the special needs of elderly or handicapped residents are provided, and that is owned by an entity that is organized and operated for charitable purposes, shall be exempt from the payment of property taxes; WHEREAS, the sole member of the Company is The Bluhm Family Foundation, a trust that is recognized by the Internal Revenue Service as a tax-exempt organization under Section 50l(c)(3) of the Internal Revenue Code ("IRC"), and that intends to apply to the California Franchise Tax Board for recognition as a tax-exempt charitable organization under Section 2370 Id of the Cal. Rev. & Tax Code ("RTC"), and to obtain an Organizational Clearance Certificate ("OCC") from the California Board of Equalization ("BOE"); WHEREAS, the parties acknowledge that the Company intends to obtain an OCC from the BOE and annually file Form BOE-267, Claim for Welfare Exemption, with the Orange County Assessor (the "Assessor") in order for the Property to become exempt from the payment of prope1iy taxes; and WHEREAS, the City and the Company have agreed to enter into this Agreement whereby the Company agrees to make certain PILOT Payments (as defined below) to the City (or its designee). AMERICAS 128818535 387 NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: ARTICLE I TERM Section 1.01 Term. The term of this Agreement shall commence as of the Effective Date and shall terminate upon the earlier of (i) twelve (12) months from the Effective Date if the Company has not acquired the Property during such 12-month period, or (ii) the date of sale of the Property by the Company to a purchaser that is not exempt from tax under !RC Section 501(c)(3) or RTC Section 23701d or wholly-owned by such an entity. Section 1.02 Recordation. Promptly following the Company's acquisition of the Property, this Agreement shall be recorded against the Property. This Agreement shall run with the land and be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. Upon the sale of the Property by the Company to an entity that is exempt from tax under !RC Section 501(c)(3) or RTC Section 23701d or wholly-owned by such an entity, the Company shall be released of all obligations hereunder, and the purchaser of the Property shall be deemed to have assumed and become liable for all of the obligations of the Company hereunder. ARTICLE II REPRESENTATIONS AND WARRANTIES Section 2.01 Representations of and Warranties by the City. The City does hereby represent, warrant and covenant as follows: (a) Power. The City is a charter city and municipal corporation of the State and has the power under the laws of the State to enter into this Agreement and to perform and carry out all covenants and obligations on its part to be performed under and pursuant to this Agreement. (b) Authorization. By proper action on the part of its City Council, the City has duly authorized the execution, delivery and performance of this Agreement and the consummation of the transactions herein contemplated. ( c) Conflicts. The City is not prohibited from entering into this Agreement and discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement by any order, judgment, or decree of any comi. (d) Valid Obligation. This Agreement is a valid and binding obligation of the City, enforceable against the City in accordance with its respective terms. Section 2.02 Representations of and Warranties by the Company. The Company does hereby represent, warrant and covenant as follows: (a) Power. The Company is a limited liability company duly organized and validly existing under the laws of the State of California, is duly qualified to do business in the State of California, and has the power under the laws of the State of California to enter into this AMERICAS [28818535 2 388 Agreement and to perform and carry out all covenants and obligations on its part to be performed under and pursuant to this Agreement. (b) Authorization. By proper action on the part of the Company and its member, the Company has been duly authorized to execute, deliver and perform this Agreement and to consummate the transactions herein contemplated. ( c) Conflicts. The Company is not prohibited from entering into this Agreement and discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement by (and the execution, delivery and performance of this Agreement, the consummation of the transactions contemplated hereby and the fulfillment of and compliance with the provisions of this Agreement will not conflict with or violate or constitute a breach of or a default under) the terms, conditions or provisions of its articles of organization or operating agreement, or any other restriction, law, rule, regulation or order of any court of other agency or authority of government, or any contractual limitation, restriction or outstanding indenture, deed of trust, mortgage, loan agreement, other evidence of indebtedness or any other agreement or instrument to which the Company is a party or by which the Company or any of its property is bound, and neither the Company's entering into this Agreement nor the Company's discharging and performing all covenants and obligations on its part to be performed under and pursuant to this Agreement will be in conflict with or result in a breach of or constitute (with due notice and/or lapse of time) a default under any of the foregoing, or result in the creation or imposition of any lien of any nature upon any of the property of the Company under the terms of any of the foregoing, and this Agreement is the legal, valid and binding obligation of the Company enforceable in accordance with its terms, except as enforceability may be limited by applicable bankruptcy, insolvency, reorganization, moratorium and other laws relating to or affecting creditor's rights generally and by general principles of equity (regardless of whether enforcement is sought in a proceeding in equity or at law). ( d) Governmental Consents. No consent, approval or authorization of, or filing, registration or qualification with, any governmental or public authority on the part of the Company is required as a condition to the execution, delivery or performance of this Agreement by the Company or as a condition to the validity of this Agreement. (e) Liens. No liens have attached to or been filed against the Company or the assets of the Company in favor of any governmental or private entity, and no judgments have been entered against the Company which remain unsatisfied or outstanding. (f) Valid Obligation. This Agreement is a valid and binding obligation of the Company, enforceable against the Company in accordance with its respective terms. (g) No Material Litigation. There is no pending or threatened action, suit, proceeding or claim affecting the Company, or any of its assets, before any court, governmental agency or arbitrator which may materially adversely affect the assets, properties, condition (financial or otherwise) or operations of the Company. (h) Criminal Actions. There are no criminal actions, suits, demands, claims, hearings, or notices, notices of violation, potential liabilities, investigations, or proceedings pending or threatened against the Company or assets of the Company. A.MERICAS !28818535 3 389 (i) No Defaults. The Company is not in default in the performance, observance or fulfillment of any of the material obligations, covenants or conditions contained in any agreement, instrument or contract to which it is a party or by which the Company or any of its assets or properties are bound. G) Taxes. The Company has filed or caused to be filed all federal, state and local tax returns which are required to be filed, if any, and has paid or caused to be paid all taxes as shown on its returns or on any assessment received by it in writing, to the extent that such taxes have become due. The Company has no actual knowledge of any claims for past due taxes upon its assets or properties. ARTICLE III PILOT PAYMENTS Section 3.01 Tax-Exempt Status of the Property. The parties hereby acknowledge that the Company will operate the Property, and talce such other actions as it may deem necessary in its sole discretion, in order to claim the maximum exemption available for the Property under the Statute. The parties further hereby acknowledge that the Assessor is responsible for granting any such exemption, in whole or in part, if any. Any such grant by the Assessor is refen-ed to herein as a "Property Tax Exemption." The City will not oppose the Company's efforts to obtain and preserve the tax-exempt status of the Property during the term of this Agreement. Section 3.02 Payments In Lieu Of Taxes. (a) Agreement to Make Payments. To the extent that, and so long as, a portion of the Property is entered upon the assessment rolls as exempt, the Company agrees that it shall make payments in lieu of property taxes to the City at the times and in the amounts hereinafter provided in Section 3.02(b) hereof, if any, with respect to the Property (each such payment, a "PILOT Payment" and collectively, "PILOT Payments"). (b) Amount of Payments in Lieu of Taxes. The PILOT Payment shall be paid by the Company to the City on the same schedule that property tax payments would otherwise be due but for the Property Tax Exemption (i.e., for the 2025 fiscal year, the first installment will be paid on November 1, 2025 and the second installment will be paid on February 1, 2026). The PILOT Payment shall be equal to the City's portion of property taxes that would have otherwise been due to the City but for the Property Tax Exemption and shall be subject to adjustments at the same rate that property taxes for the Property would have otherwise been adjusted but for the Prope1ty Tax Exemption. For the avoidance of doubt, the Non-Exempt Taxes (as defined below) will not be included in the PILOT Payment. (c) Non-Exempt Portion. If a portion of the Property remains subject to the payment of property taxes as determined by the Assessor, then the Company shall pay to the applicable taxing entity (rather than directly to the City) when due such prope1ty taxes ("Non- Exempt Taxes") for the non-exempt portion of the Property. (d) Time and Method of Payments. The obligation of the Company to make the PILOT Payment pursuant to this Agreement with respect to the Property shall commence on the Effective Date, and, thereafter, the PILOT Payment shall be due as set forth herein, and Non- AMERICAS 128818535 4 390 Exempt Taxes, if any, will be due as billed. No PILOT Payments shall be due until the Company's initial claim for tax exemption for the Property has been granted by the Assessor. Payments by the Company hereunder shall be made to the City by check in lawful money of the United States of America or by electronic transfer of funds, as the Company may elect. The Company shall be entitled to receive receipts for such payments. Section 3.03 Additional PILOT Payments. If the Company is eligible for additional tax or fee exemptions with respect to other taxes or fees payable by the Company to the City, including but not limited to sales and use taxes, utility users taxes and/or transient occupancy taxes ("Additional Exempt Taxes and Fees"), then, to the extent the Company actually receives such tax or fee exemptions, the Company shall pay to the City an amount (" Additional PILOT Payment") equal to the City's portion of such Additional Exempt Taxes and Fees not paid by the Company on account of its tax or fee exempt status that would have otherwise been due to the City. Such Additional PILOT Payments shall be made on the same schedule that the applicable tax payments would otherwise be due but for the exemption granted from the Additional Exempt Taxes and Fees. Section 3.04 Reserved. Section 3.05 Annual Assessments. If any portion of the Property is not subject to an annual assessment because it is subject to the Property Tax Exemption, the Company will request that the Assessor provide what would have been the assessed valuation of such portion of the Property annually as though such portion of the Property was not subject to the Property Tax Exemption. Section 3.06 Books and Records. At the time that the Company delivers each PILOT Payment and Additional PILOT Payment to the City, the Company shall provide written documentation of the methodology used to calculate the amount of such payments, such as, by way of example and not exclusively, the property tax statement delivered to the Company by the Assessor for the Property or other indicia of the Property's assessed value reasonably acceptable to the City. ARTICLE IV EVENTS OF DEFAULT Section 4.01 Events Of Default. Any one or more of the following events shall constitute an event of default under this Agreement (an "Event of Default"): (a) Failure of the Company to pay or perform any of its obligations under this Agreement within thirty (30) days after notice of such failure; provided, however, in the event of a non-monetary default, if such default cannot reasonably be cured within such thirty (30) day period, and if the Company shall have commenced to cure the breach of covenant, condition or agreement within this thirty (30) day period and thereafter diligently and expeditiously proceeds to cure the same, such thirty (30) day period shall be extended for so long as the Company shall require in the exercise of due diligence to cure such default; or AMERICAS 1288!8535 5 391 (b) Any representation or warranty by the Company contained in this Agreement shall prove to have been false or incorrect in any material respect as of the Effective Date. Section 4.02 Remedies On Defanlt. (a) General. Whenever any Event of Default shall have occurred with respect to this Agreement, the City may take whatever action at law or in equity as may appear necessary or desirable to collect the amount then in default or to enforce the performance and observance of the obligations of the Company under this Agreement. With respect to an Event of Default under Section 4.0l(a), any unpaid PILOT Payments or Additional PILOT Payments shall bear interest at the rate that would have accrued on such payments had the Property Tax Exemption not been granted with respect to the PILOT Payments or had the additional fee or tax exemptions not been granted with respect to the Additional PILOT Payments, as applicable. (b) Separate Suits. Each such Event of Default shall give rise to a separate cause of action hereunder and separate suits may be brought hereunder as each cause of action arises. Section 4.03 Payment of Attorney's Fees and Expenses. If the Company defaults in performing any of its obligations under this Agreement and the City engages outside counsel or incurs other expenses in connection with the collection of any amounts payable hereunder or for the enforcement of any such obligations, the Company will promptly pay to the City, not only the amounts adjudicated to be due hereunder, together with any late payment penalty and interest due thereon, but also the reasonable fees and disbursements of such outside counsel and all other reasonable out-of-pocket expenses, costs and disbursements so incurred, whether or not an action is commenced. Section 4.04 Remedies; Waiver And Notice. (a) No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to eve1y other remedy given under this Agreement or now or hereafter existing at law or in equity. (b) Delay. No delay or omission in exercising any right or power accruing upon the occurrence of any Event of Default hereunder shall impair any such right or power or shall be construed to be a waiver thereof, but any such right or power may be exercised from time to time and as often as may be deemed expedient. (c) Notice Not Required. In order to entitle the City to exercise any remedy reserved to it in this Agreement, it shall not be necessary to give notice, other than such notice required in this Agreement. (d) No Waiver. In the event any provision contained in this Agreement should be breached by any party and thereafter duly waived by the other paity so empowered to act, such waiver shall be limited to the paiiicular breach so waived and shall not be deemed to be a waiver of any other breach hereunder. No waiver, amendment, release or modification of this Agreement shall be established by conduct, custom or course of dealing. M1ERICAS 12&818535 6 392 ARTICLEV MISCELLANEOUS Section 5.01 Development of Property. Notwithstanding the tax-exempt status of the Company, the Company will develop the Property in accordance with all ordinances, rules and regulations of the City that would be applicable to the Property if the Company were not a tax- exempt entity. Section 5.02 Form of Payments. The amounts payable under this Agreement shall be payable in such currency of the United States of America as at the time of payment shall be legal tender for the payment of public and private debts. Section 5.03 Amendments. This Agreement may not be effectively amended, changed, modified, altered or terminated except by an instrument in writing executed by the parties hereto. Section 5.04 Notices. (a) General: All notices, certificates or other communications hereunder shall be in writing and may be personally served or sent by courier service or United States mail and shall be sufficiently given and shall be deemed given (1) when delivered in person or by courier at the applicable address stated below, (2) when delivered by nationally recognized overnight delivery service, such as Federal Express or UPS, (3) three (3) business days after deposit in the United States by United States mail (registered or certified mail, postage prepaid, return receipt requested, properly addressed), or (4) when delive1y is refused by the addressee, as evidenced by the affidavit of the person who attempted to effect such delivery. (b) Addresses. The addresses to which notices, certificates and other communications hereunder by the City or the Company shall be sent as follows: IF TO THE COMPANY: Marisol HB, LLC c/o Bluhm Family Foundation 900 N. Michigan Avenue, Suite 1600 Chicago, IL 60611-1575 Attn: Andrew G. Bluhm and Amy Close WITH A COPY TO: White & Case LLP 111 South Wacker Drive 515' Floor Chicago, IL 60606-4302 Attn: Eugene J.M. Leone, Esq. (Re: 1750895-0078) IF TO THE CITY: City of Huntington Beach AMERICAS 1288!8535 7 393 2000 Main Street Huntington Beach, CA 92648 Attn: City Manager WITH A COPY TO: Kutak Rock LLP 5 Park Plaza, Suite 1500 Irvine, CA 92614 Attn: Cyrus Torabi, Esq. (Re: 76517-1) (c) Change of Address. The City or the Company, by notice given hereunder, designate any further or different addresses to which subsequent notices, ce1tificates and other communications shall be sent. Section 5.05 Binding Effect. This Agreement shall inure to the benefit of, and shall be binding upon, the City, the Company and their respective successors and assigns. Section 5.06 Severability. If any article, section, subdivision, paragraph, sentence, clause, phrase, provision or portion of this Agreement shall for any reason be held or adjudged to be invalid or illegal or unenforceable by any court of competent jurisdiction, such aiticle, section, subdivision, paragraph, sentence, clause, phrase, provision or pmtion so adjudged invalid, illegal or unenforceable shall be deemed separate, distinct and independent and the remainder of this Agreement shall be and remain in full force and effect and shall not be invalidated or rendered illegal or unenforceable or otherwise affected by such holding or adjudication. Section 5.07 Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. To facilitate execution of this Agreement, the parties may execute and exchange counterparts by fax or by email in PDF. Section 5.08 Applicable Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of California, without reference to its conflicts of law principles. Section 5.09 Entire Agreement. This Agreement is intended by the parties as the final, complete and exclusive statement of the transactions evidenced by this Agreement. All prior or contemporaneous promises, agreements and understandings, whether oral or written, are deemed to be superseded by this Agreement, and no party is relying on any promise, agreement or understanding not set fo1th in this Agreement. This Agreement may not be ainended or modified except by a written instrument describing such amendment or modification executed by City and the Company and duly recorded. Section 5.10 Defined Terms. Capitalized terms used herein shall have the meanings assigned to such terms herein, unless the context or use indicates another or different meaning or intent. AMERICAS 128818535 8 394 Section 5.11 No Reconrse. All obligations, covenants and agreements of either party hereto contained in this Agreement shall be deemed to be the obligations, covenants and agreements of such party and not of any member, officer, agent, servant or employee of such party in his, her or its individual capacity, and no recourse under or upon any obligation, covenant or agreement contained in this Agreement, or otherwise based upon or in respect of this Agreement, or for any claim based thereon or otherwise in respect thereof, shall be had against any past, present or future member of such party, any officer, agent, servant or employee of such party, or any past, present or future member thereof, it being expressly understood that this Agreement is an obligation solely of each party, and that no such personal liability whatsoever shall attach to, or is or shall be incurred by, any such member, officer, agent, servant or employee of either party or of any successor thereto, or any person so executing this Agreement under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom; and that any and all such personal liability of, and any and all such rights and claims against, every such member, officer, agent, servant or employee under or by reason of the obligations, covenants or agreements contained in this Agreement or implied therefrom are, to the extent permitted by law, expressly waived and released as a condition of, and as a consideration for, the execution of this Agreement by the parties. (Remainder of Page Left Blank) AMERICAS 128818535 9 395 IN WITNESS WHEREOF, the City and the Company have caused this Agreement to be executed in their respective names by duly authorized officers thereof. CITY: CITY OF HUNTINGTON BEACH By: __________ _ Name: __________ _ Title: ___________ _ A notary public or other officer completing this ce1tificate ver ifies only the identity of the individual who signed the document to which this ce1tificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss. COUNTY OF _______ ) On ___________ , before me, ___________ , a Notary Public in and for said state, personally appeared __________ , who proved to me on the basis of satisfactory evidence1 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 PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State M y commission expires: ________ _ [Signatures continue on the following page] AMERICAS 128 8 18 535 396 MARISOL HB, LLC, a California limited liability company By: ___________ _ Name: ___________ _ Title: ------------ 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. STATE OF ________ ) ) ss. COUNTY OF _______ ) On ___________ , before me, ___________ , a Notary Public in and for said state, personally appeared ___________ , 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 PENALTY OF PERJURY under the laws of the State of ____ that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public in and for said State My commission expires: _________ _ [End of Signatures] AMERICAS 128818535 397 EXHIBIT A Legal Description of the Project Site The Land referred to herein below is situated in the City of Huntington Beach, County of Orange, State of California, and is described as follows: Parcel A: Parcel 1, as shown on that certain PARCEL MAP NO. 2020-128, filed in the office of the recorder of the County of Orange, State of California on November 21, 2022 as Book 411 of Maps, Page(s) 22 through 30. Parcel B: Nonexclusive easements for surface ingress and egress purposes as described in that certain Declaration of Reciprocal Easement recorded August 12, 1981 in Book 14178, Page 558, of Official Records. Parcel C: Nonexclusive easements for pedestrian and vehicular ingress and egress as described in that certain document entitled "Access Easement Agreement" recorded October 09, 1984 as Instrument No. 84-416712, of Official Records. APN: 023-631-01 AMERICAS 128818535 398 JOINT EXERCISE OF POWERS AGREEMENT RELATING TO THE CALIFORNIA PUBLIC FINANCE AUTHORITY THIS AGREEMENT, dated as of May 12, 2015, among the parties executing this Agreement ( all such parties, except those which have withdrawn as provided herein, are referred to as the "Members" and those parties initially executing this Agreement are referred to as the "Charter Members"): WITNESS ETH WHEREAS, pursuant to Title 1, Division 7, Chapter 5 of the California Government Code (in effect as of the date hereof and as the same may from time to time be amended or supplemented, the "Joint Exercise of Powers Act"), two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, each of the Members is a "public agency" as that term is defmed in Section 6500 of the Joint Exercise of Powers Act; and WHEREAS, each of the Members is empowered by law to promote economic, cultural and community development, including, without limitation, the promotion of oppo1tunities for the creation or retention of employment, the stimulation of economic activity, the increase of the tax base, and the promotion of opportunities for education, cultural improvement and public health, safety and general welfare; and WHEREAS, each of the Members may accomplish the purposes and objectives described ../ in the preceding preamble by various means; and WHEREAS, each Member is also empowered by law to acquire, construct, improve, operate and dispose of real property for a public purpose; and WHEREAS, the Joint Exercise of Powers Act authorizes the Members to create a joint exercise of powers entity with the authori ty to exercise any powers common to the Members, as specified in this Agreement and to exercise the additional powers granted to it in the Joint Exercise of Powers Act and any other applicable provisions of the laws of the State of California; and WHEREAS, a ·public entity established pursuant to the Joint Exercise of Powers Act is empowered to issue or execute bonds, notes, commercial paper or any other evidences of indebtedness, leases, installment sale or other :financing agreements or certificates of participation therein (herein "Bonds"), and to otherwise undertalcc financing programs under the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California to accomplish its public purposes; and OHSUSA:76 1103270.3 PL 2015-42-42 (24113 .doc] Xfttgs COJmtj ~ ~ \ 5fr\ L 399 WHEREAS, the Members have determined to specifically authorize a public entity authorized pursuant to the Joint Exercise of Powers Act to issue Bonds pursuant to the Joint Exercise of Powers Act or other applicable provisions of the laws of the State of California; and WHEREAS, it is the desire of the Members to use a public entity established pursuant to the Joint Exercise of Powers Act to undertake the financing and/or refinancing of projects of any nature, including, but not limited to, capital or working capital projects, purchase or acquisition of property, receivables, commodities, bonds, other revenue streams or assets of any kind, liability or other insurance, or retirement programs, or facilitating Members use of existing or new financial instruments and mechanisms; and WHEREAS, by this Agreement, each Member desires to create and establish the "California Public Finance Authority" for the purposes set forth herein and to exercise the powers provided herein; NOW, THEREFORE, the Members, for and in consideration of the mutual promises and agreements herein contained, do agree as follows: Section 1. Purpose. This Agreement is made pursuant to the provisions of the Joint Exercise of Powers Act. The purpose of this Agreement is to establish a public entity for the joint exercise of powers common to the Members and for the exercise of additional powers given to a joint powers entity under the Joint Powers Act or any other applicable law, including, but not limited to, the issuance of Bonds for any purpose or activity permitted under the Joint Exercise of Powers Act or any other law. Such purpose will be accomplished and said power exercised in the manner hereinafter set forth. Section 2. This Agreement shall become effective in accordance with Section 17 as of the date hereof and shall continue in full force and effect until such time as it is terminated in writing by all the Members; provided, however, that this Agreement shall not terminate or be terminated until all Bonds issued or caused to be issued by the Authority ( defined below) shall no longer be outstanding under the terms of the indenture, trust agreement, resolution or other instrument pursuant to which such Bonds are issued. Section 3. Authority. A. CREATION AND POWERS OF AUTHORITY. Pursuant to the Joint Exercise of Powers Act, there is hereby created a public entity to be known as the "California Public Finance Authority" (the "Authority"), and said Authority shall be a public entity separate and apart from the Members. Its debts, liabilities and obligations do not constitute debts, liabilities or obligations of any Members. OHSUSA:761103270.3 PL 2015-42-42 [24113.doc] 2 400 B. BOARD. The Authority shall be administered by the Board of Directors (the "Board," or the "Directors" and each a "Director") whose members shall be, at all times, members of the Board of Supervisors (the "Board of Supervisors") of Kings County, California, with each such Director serving in his or her individual capacity as Director of the Board. The term of office as a member of the Board shall terminate when such member shall cease to be a member of the Board of Supervisors and the successor to such member of the Board of Supervisors shall become a member of the Board. Notwithstanding the preceding paragraph, the Board may by resolution or bylaws provide for changes in the qualifications, composition and number of Directors, the appointment of Directors, successors, their respective terms of office and any other provisions relating to the qualification and office of the Directors, including provision for alternative Directors (in which case all references in this Agreement to any Director shall be deemed to refer to and include the applicable alternate Director, if any, when so acting in place of a regularly appointed Director). The Board shall. be the administering agency of this Agreement and, as such, shall be vested with the powers set forth herein, and shall administer this Agreement in accordance with the purposes and functions provided herein. Directors shall not receive any compensation for serving as such, but shall be entitled to reimbursement for any expenses actually incurred in connection with serving as a Director, if the Board shall determine that such expenses shall be reimbursed and there are unencumbered funds available for such purpose. C. OFFICERS; DUTIES; OFFICIAL BONDS. The officers of the Authority shall be the Chair, Vice-Chair, Secretary and Treasurer ( defined below). The Board, in its capacity as administering agent of this Agreement, shall elect a Chair, a Vice-Chair, and a Secretary of the Authority from among Directors to serve until such officer is re-elected or a successor to such office is elected by the Board. The Board shall appoint one or more of its officers or employees to serve as treasurer, auditor, and controller of the Authority (the "Treasurer") pursuant to Section 6505.6 of the Joint Exercise of Powers Act to serve until such officer is re-elected or a successor to such office is elected by the Board. Subject to the applicable provisions of any resolution, indenture, trust agreement or other instrument or proceeding authorizing or securing Bonds ( each such resolution, indenture, trust agreement, instrument and proceeding being herein referred to as an "Indenture") providing for a trustee or other fiscal agent, and except as may otherwise be specified by resolution of the Board, the Treasurer is designated as the depositary of the Authority to have custody of all money of the Authority, from whatever source derived and shall have the powers, duties and responsibilities specified in Sections 6505, 6505.5 and 6509.5 of the Joint Exercise of Powers Act. OHSUSA:761103270.3 PL 201542-42 [24113.doc] 3 401 The Treasurer of the Authority is designated as the public officer or person who has charge of, handles, or has access to any property of the Authority, and such officer shall file an official bond with the Secretary of the Authority in the amount specified by resolution of the Board but in no event less than $1,000. The Board shall have the power to appoint such other officers and employees as it may deem necessary and to retain independent counsel, consultants and accountants. The Board shall have the power, by resolution, to the extent permitted by the Joint Exercise of Power Act or any other applicable law, to delegate any of its functions to one or more of the Directors or officers, employees or agents of the Authority and to cause any of said Directors, officers, employees or agents to take any actions and execute any documents or instruments for and in the name and on behalf of the Board or the Authority. D. MEETINGS OF THE BOARD. (I) Ralph M. Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular, special, and adjourned special meetings shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act (commencing with Section 54950 of the Govermnent Code of the State of California), or any successor legislation hereinafter enacted (the "Brown Act"). (2) Regular Meetings. The Board shall provide for its regular meetings; provided, however, it shall hold at least one regular meeting each year. The date, hour and place of the holding of the regular meetings shall be fixed by resolution of the Board. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (3) Special Meetings. Special meetings of the Board may be called in accordance with the provisions of Section 54956 of the Government Code of the State of California. To the extent permitted by the Brown Act, such meetings may be held by telephone conference. (4) Minutes. The Secretary of the Authority shall cause to be kept minutes of the regular, adjourned regular, special, and adjourned special meetings of the Board and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each Director. OHSUSA:761103270.3 PL 2015-42-42 [241!3.doc] 4 402 (5) Quorum. A majority of the Board shall constitute a quorum for the transaction of business. No action may be taken by the Board except upon the affirmative vote of a majority of the Directors present at the meeting, except that less than a quorum may adjourn a meeting to another time and place. E. RULES AND REGULATIONS. The Authority may adopt, from time to time, by resolution of the Board such bylaws, policies or rules and regulations for the conduct of its meetings and affairs as may be required. Section 4. Powers. The Authority shall have the power, in its own name, to exercise the common powers of the Members and to exercise all additional powers given to a joint powers entity under any of the laws of the State of California, including, but not limited to, the Joint Exercise of Powers Act, for any purpose authorized under this Agreement. Such powers shall include the common powers specified in this Agreement and may be exercised in the marmer and according to the method provided in this Agreement. The Authority is hereby authorized to do all acts necessary for the exercise of such power, including, but not limited to, any of all of the following: to make and enter into contracts; to employ agents and employees; to acquire, construct, improve, own, maintain and operate, or provide for maintenance and operation, and sell, lease, pledge, assign, mortgage or otherwise dispose, of any property, improvements, commodities, leases, contracts, receivables, bonds or other revenue streams or assets of any kind; to exercise the power of condemnation; to incur debts, liabilities or obligations; to receive gifts, contributions and donations of property, funds, services, and other forms of assistance from person, firms, corporations and any governmental entity; to sue and be sued in its own name; to establish and collect fees; to form public benefit nonprofit corporations or other affiliate entities to accomplish any of its purposes; to mal,e grants, loans or provide other financial assistance to governmental, nonprofit and for profit organizations to accomplish any of its purposes; and generally to do any and all things necessary or convenient to accomplish its purposes. The boundaries of the Authority shall encompass the boundaries of all the Members and the powers of the Authority may be exercised anywhere within those boundaries or to the extent permitted by the laws of the State of California, including, but not limited to the Joint Exercise of Powers Act, outside of those boundaries, which may be outside of the State of California, provided that the power of condemnation may only be exercised within the jurisdictional boundaries of the Charter Members. Without limiting the generality of the foregoing, the Authority may issue or cause to be issued Bonds, and pledge any property, contracts or revenues as security to the extent permitted under the Joint Exercise of Powers Act, or any other applicable provision oflaw. OHSUSA:761103270.3 PL2015-42-42 [24113.doc] 5 403 The manner in which the Authority shall exercise its powers and perform its duties is and shall be subject to the restrictions upon the manner in which a California county could exercise such powers and perform such duties. The manner in which the Authority shall exercise its powers and perform its duties shall not be subject to any restrictions applicable to the manner in which any other public agency could exercise such powers or perform such duties, whether such agency is a party to this Agreement or not. Section 5. Fiscal Y car. For the purposes of this Agreement, the term "Fiscal Year" shall mean the fiscal year as established from time to time by resolution of the Board, being, at the date of this Agreement, the period from July 1 to and including the following June 30, except for the first Fiscal Year which shall be the period from the date of this Agreement to June 30, 2015. Section 6. Disposition of Assets. At the end of the te1m hereof or upon the earlier termination of this Agreement as set fmih in Section 2, after payment of all expenses and liabilities of the Authority, all property of the Authority both real and personal shall automatically vest in the Members in the manner and amount determined by the Board in its sole discretion and shall thereafter remain the sole property of the Members; provided, however, that any surplus money on hand shall be returned in proportion to the contributions made by the Members. Section 7. From time to time the Authority shall issue Bonds, in one or more series, for the purpose of exercising its powers and raising the funds necessary to carry out its purposes under this Agreement. The services of bond counsel, financing consultants and other consultants and advisors working on the projects and/or their financing or refinancing or on post-issuance compliance or administration may be used by the Authority. The expenses of the Board shall be paid from the proceeds of the Bonds, payments made by Bond obligors or other third paiiies, or any other unencumbered funds of the Authority available for such purpose. Section 8. Bonds Only Limited and Special Obligations of Authority. The Bonds, together with the interest and premium, if any, thereon, shall not be deemed to constitute a debt of any Member or pledge of the faith and credit of the Members or the Authority. The Bonds shall be only special obligations of the Authority, and the Authority shall under no circumstances be obligated to pay the Bonds except from revenues and other funds pledged therefor. Neither the Members nor the Authority shall be obligated to pay the principal of, premium, if any, or interest on the Bonds, or other costs incidental thereto, except the Authority from the revenues and funds pledged and available therefor, and neither the faith and credit nor the taxing power of the Members nor the faith and credit of the Authority shall be pledged to the payment of the principal of, premium, if any, or interest on the Bonds nor shall the OHSUSA:761103270.3 PL2015-42-42 [24113.doc] 6 404 Members or the Authority in any manner be obligated to make any appropriation for such payment. No covenant or agreement contained in any Bond or related document shall be deemed to be a covenant or agreement of any Director, or any officer, employee or agent of the Authority in his or her individual capacity, and neither the Board of the Authority nor any Director or officer thereof executing the Bonds shall be liable personally on any Bond or be subject to any personal liability or accountability by reason of the issuance of any Bonds. Section 9. Accounts and Reports. All funds of the Authority shall be strictly accounted for. The Authority shall establish and maintain such funds and accounts as may be required by good accounting practice and by any provision of any Indenture (to the extent such duties are not assigned to a trustee of Bonds). The books and records of the Authority shall be open to inspection at all reasonable times by each Member. The Treasurer of the Authority shall cause an independent audit to be made of the books of accounts and financial records of the Authority by a certified public accountant or public accountant in compliance with the provisions of Section 6505 of the Joint Exercise of Powers Act. In each case the minimum requirements of the audit shall be those prescribed by the State Controller for special districts under Section 26909 of the Government Code of the State of California and shall conform to generally accepted auditing standards. When such an audit of accounts and records is made by a certified public accountant or public accountant, a report thereof shall be filed as a public record with each Member and also with the county auditor of each county in which a Member is located; provided, however, that to the extent permitted by law, the Authority may, instead of filing such report with each Member and such county auditor, elect to post such report as a public record electronically on a website designated by the Authority. Such report if made shall be filed within 12 months of the end of the Fiscal Year or Years under examination. The Treasurer is hereby directed to report in writing on the first day of July, October, January, and April of each year to the Board and the Members which report shall describe the amount of money held by the Treasurer for the Authority, the amount of receipts since the last such report, and the amount paid out since the last such report (which may exclude amounts held by a trustee or other fiduciary in connection with any Bonds to the extent that such trustee or other fiduciary provided regular reports covering such amounts.) Any costs of the audit, including contracts with, or employment of, certified public accountants or public accountants in maldng an audit pursuant to this Section, shall be borne by the Authority and shall be a charge against any unencumbered funds of the Authority available for that purpose. In any Fiscal Year the Board may, by resolution adopted by unanimous vote, replace the annual special audit with an audit covering a two-year period. OHSUSA:76 I I 03270.3 PL2015-42-42 [24113.doc] 7 405 Section 10. Funds. Subject to the applicable provisions of any Indenture, which may provide for a trustee or other fiduciary to receive, have custody of and disburse Authority funds, the Treasurer of the Authority shall receive, have the custody of and disburse Authority funds pursuant to the accounting procedures developed under Sections 3.C and 9, and shall make the disbursements required by this Agreement or otherwise necessary to carry out any of the provisions of purposes of this Agreement. Section 11. Notices. Notices and other communications hereunder to the Members shall be sufficient if delivered to the clerk of the governing body of each Member; provided that, to the extent permitted by law, the Authority may provide notices and other communications and postings electronically (including, without limitation, through email or by posting to a website). Section 12. Additional Members/Withdrawal of Members. Qualifying public agencies may be added as parties to this Agreement and become Charter Members upon: (1) the filing by such public agency with the Authority of an executed counterpart of this Agreement, together with a copy of the resolution of the governing body of such public agency approving this Agreement and the execution and delive1y hereof; and (2) adoption of a resolution of the Board approving the addition of such public agency as a Charter Member. Upon satisfaction of such conditions, the Board shall file such executed counterpart of this Agreement as an amendment hereto, effective upon such filing. Qualifying public agencies may also be added as Non-Charter Members ("Additional Members") of the Authority upon: (I) the filing by such public agency with the Authority of a resolution of the governing body of such public agency requesting to be added as an Additional Member of the Authority, and (2) adoption of a resolution of the Board approving the addition of such public agency as an Additional Member. An Additional Member may limit in the aforementioned resolution the scope of its Additional Membership to what is necessary or appropriate to facilitate the financing or refinancing of one or more specified projects or programs. A Member may withdraw from this Agreement upon written notice to the Board; provided, however, that at least one Member shall be a Charter Member and no such withdrawal shall result in the dissolution of the Authority so long as any Bonds remain outstanding. Any such withdrawal shall be effective only upon receipt of the notice of withdrawal by the Board, which shall aclmowledge receipt of such notice of withdrawal in writing and shall file such notice as an amendment to this Agreement effective upon such filing. Section 13. Indemnification. To the full extent permitted by law, the Board may authorize indemnification by the Authority of any person who is or was a Director or an officer, employee or other agent of the Authority, and who was or is a paity or is threatened to be made a party to a proceeding by OHSUSA:76 l 103270.3 PL 2015-42-42 [24113.doc] 8 406 reason of the fact that such person is or was such a Director or an officer, employee or other agent of the Authority, against expenses, including attorneys fees, judgments, fines, settlements and other amounts actually and reasonably incmTed in connection with such proceeding, if such person acted in good faith in a manner such person reasonably believed to be in the best interests of the Authority and, in the case of a criminal proceeding, had no reasonable cause to believe the conduct of such person was unlawful and, in the case of an action by or in the right of the Authority, acted with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. The Board may purchase a policy or policies of insurance in furtherance of any indemnification obligation created or otherwise in protection of Directors, officers, employees or other agents. Section 14. Contributions and Advances. Contributions or advances of public funds and of the use of personnel, equipment or property may be made to the Authority by the Members for any of the purposes of this Agreement. Payment of public funds may be made to defray the cost of any such contribution or advance. Any such advance may be made subject to repayment, and in such case shall be repaid, in the marmer agreed upon by the Authority and the Member making such advance at the time of such advance. It is mutually understood and agreed to that no Member has any obligation to make advances or contributions to the Authority to provide for the costs and expenses of administration of the Authority, even though any Member may do so. The Members understand and agree that a portion of the funds of the Authority that otherwise may be allocated or distributed to the Members may instead be used to make grants, loans or provide other financial assistance to governmental units and to nonprofit organizations to accomplish any of the governmental unit's or nonprofit organization's purposes. Section 15. Immunities. All of the privileges and immunities from liabilities, exemptions from laws, ordinances and rules, and other benefits which apply to the activity of officers, agents or employees of Members when performing their respective functions within the territorial limits of their respective public agencies, shall apply to the same degree and extent to the Directors, officers, employees, agents or other representatives of the Authority while engaged in the performance of any of their functions or duties under the provisions of this Agreement. Section 16. Amendments. Except as provided in Sections 3B and 12 above, this Agreement shall not be amended, modified, or altered, unless the written consent of each of the Charter Members is obtained; provided that no amendment shall materially adversely affect the interests of any Additional Member unless the negative consent of that Additional Member is also obtained. To obtain the negative consent of each such Additional Member, the following negative consent procedure shall be followed: (a) the Authority shall provide each such Additional Member with a notice at least sixty (60) days prior to the date such proposed amendment is to become effective explaining the nature of such proposed amendment and this negative consent procedure; (b) the Authority shall provide each such Additional Member who did not respond a reminder notice with a notice at least thirty (30) days prior to the date such proposed amendment is to become OHSUSA:76 l 103270.3 PL 20[5-42-42 [24l I 3.doc] 9 407 effective; and ( c) if no such Additional Member objects to the proposed amendment in writing within sixty (60) days after the initial notice, the proposed amendment shall become effective with respect to all Members. Section 17. Effectiveness. This Agreement shall become effective and be in full force and effect and a legal, valid and binding obligation of each of the Members on the date that the Board shall have received from two of the Chaiier Members an executed counterpart of this Agreement, together with a certified copy of a resolution of the governing body of each such Chfilier Member approving this Agreement and the execution and delivery hereof. Section 18. Partial Invalidity. If any one or more of the terms, provisions, promises, covenants or conditions of this Agreement shall to any extent be adjudged invalid, tmenforceable, void or voidable for any reason whatsoever by a court of competent jurisdiction, each and all of the remaining terms, provisions, promises, covenants and conditions of this Agreement shall not be affected thereby, and shall be valid and enforceable to the fullest extent permitted by law. Section 19. Successors. This Agreement shall be binding upon and shall inure to the benefit of the successors of the parties hereto. Except to the extent expressly provided herein, no Member may assign any right or obligation hereunder without the consent of the other Members. Section 20. Miscellaneous. This Agreement may be executed in several counterpfilis, each of which shall be an original and all of which shall constitute but one and the same instrument. The section headings herein are for convenience only and are not to be construed as modifying or governing the language in the section referred to. Wherever in this Agreement any consent or approval is required, the same shall not be urn·easonably withheld. This Agreement shall be governed under the laws of the State of California. This Agreement is the complete and exclusive statement of the agreement among the Members, which supercedes and merges all prior proposals, understandings, and other agreements, whether oral, written, or implied in conduct, between and among the Members relating to the subject matter of this Agreement. OHSUSA:761103270.3 PL2015-42-42 [24113.doc] 408 IN WITNESS WHEREOF, the paiiies hereto have caused this Agreement to be executed and attested by their duly authorized representatives as of the day and year first above written. ATTEST: By ~R U2ktzw1 ~ Catherine Venturella Clerk of the Board Chaiier Member: COUNTY OF KINGS By/2/4 ~ 11Richar~gundes, Chairman Kings County Board of Supervisors Charter Member: HOUSING AUTHORITY OF THE COUNTY OF KINGS lerk of the Housing Authority Board OI-ISUSA:76 1103270.3 PL 2015-42-42 [24 113 .doc] 11 409 IN WITNESS WHEREOF, the Additional Members hereto have caused this Agreement to be executed and attested by their proper officers thereunto duly authorized. Dated: -------- ATTEST: By: Its: Additional Member Name: By : Its : APPROVED AS TO FORM By:f c. ~ /.;v MICHAELE. GATES CITY ATTORNEY CITY OF HUNTINGTON BEACH [Sig nature Page to Joint Exercise of Powers Agreement Relating to the California Public F inance Authority] The Marisol HB, LLC Marisol HB, LLC is seeking financing for a senior living community in Huntington Beach, known as “The Marisol.” February 18, 2025 410 • Marisol HB, LLC is seeking financing for a senior living community in Huntington Beach, known as “The Marisol.” • A public City Council study session was held on this item on January 21, 2025. • A public hearing was held on February 4, 2025, and continued to February 18, 2025. • The resolution will provide for the approval of: • The Joint Exercise of Powers Agreement Relating to the California Public Finance Authority adding the City of Huntington Beach as an ‘Additional Member’ of the Authority; • Approving the Issuance by the California Public Finance Authority of Revenue Bonds to Benefit Marisol HB,LLC; and • The Payment in Lieu of Tax Agreement (PILOT) of city related property taxes. 2 411 • The Joint Exercise of Powers Agreement Relating to the California Public Finance Authority will be adding the City of Huntington Beach as an ‘Additional Member’ of the Authority and limiting the scope of the CalPFA agreement to what is necessary or appropriate to facilitate the financing of the Marisol HB LLC located in Huntington Beach; • The Resolution, will provide authorization to the CalPFA to issue tax exempt obligations on behalf of the Applicant in an amount not to exceed $325,000,000. The city is not a party to these bonds. • The Applicant has offered to enter into a Payment in Lieu of Tax Agreement (PILOT) to formalize this arrangement. The PILOT agreement has been reviewed by the City Attorney and Kutak Rock, LLP, as special counsel to the City, and contains no City obligations. 3 412 Recommended Action • Continue the Public TEFRA Hearing from February 4, 2025 and close the Public TEFRA Hearing. • Adopt Resolution 2025-05 – A Resolution Of The City Council Of The City Of Huntington Beach Approving, Authorizing And Directing Execution Of A Joint Exercise Of Powers Agreement Relating To The California Public Finance Authority And Approving The Issuance By The California Public Finance Authority Of Revenue Bonds In An Aggregate Principal Amount Not To Exceed $325,000,000 To Benefit Marisol Hb, Llc And Certain Other Matters Relating Thereto. 4 413 Questions? 414 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-102 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Approve the Design of a Plaque Celebrating the Huntington Beach Public Library’s 50 th Anniversary as Recommended by the Community & Library Services Commission Statement of Issue: The Huntington Beach Public Library will be celebrating its 50th Anniversary in April 2025. To honor the occasion, staff is seeking the City Council’s approval to approve the proposed design as recommended by the Community & Library Services Commission. Financial Impact: Funding for the plaque in the amount of $7,000 has been allocated in account 10050501.67450. Recommended Action: Approve the design of a plaque (Attachment 1) commemorating the Huntington Beach Public Library’s 50th Anniversary as recommended by the Community & Library Services Commission. Alternative Action(s): Consider alternate design provided by Councilman Chad Williams (Attachment 2). Or do not approve as designed and provide alternate direction to staff. Analysis: To celebrate the Huntington Beach Public Library’s 50th Anniversary, staff is seeking the City Council’s approval for the design of a plaque. The production and placement of plaques is customary in honoring milestones at various City facilities and public spaces. The original Huntington Beach Public Library building was completed on April 5, 1975. The well- recognized building was designed by the architectural firm Richard & Dion Neutra. Over the years, the Public Library has evolved to meet the growing needs of the community. These changes include a new wing housing a Children’s area and story time theater, as well as the addition of meeting space City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 415 File #:25-102 MEETING DATE:2/18/2025 and public theater. Keeping in line with previous milestones, staff recommends placing the proposed plaque alongside other plaques on the exterior of the building, near the library entrance. 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. Huntington Beach Public Library 50 th Plaque 2. Huntington Beach Public Library 50 th Plaque Alternate Design City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 416 lluring alvanizing dventurous agicalM A A G Pat Burns Mayor Casey McKeon Mayor Pro Tem Don Kennedy Councilman Tony Strickland Councilman of being a beacon of education, a catalyst for dreams, and a sanctuary for children to feel safe, valued, and free to grow. Butch Twining Councilman Gracey Larrea-Van Der Mark Council Woman Chad Williams Councilman IN GOD WE TRUST CITY COUNCIL Celebrating 50 Years HUNTINGTON BEACH CENTRAL LIBRARY COMMUNITY & LIBRARY SERVICES COMMISSION Travis Hopkins, Acting City Manager Ashley Wysocki, Director EXECUTIVE LEADERSHIP Austin Edsell Lolly McHardy Ceason Baker Steve Barnes Teisha Nim-Husaini Jeanne Paris Tricia Thienes 2025 417 lluring alvanizing dventurous agicalM A A G Pat Burns Mayor Casey McKeon Mayor Pro Tem Don Kennedy Councilman Tony Strickland Councilman of being a beacon of education, a catalyst for dreams, and a sanctuary for children to feel safe, valued, and free to grow. “Through hope and change our nation has built back better to the golden era of Making America Great Again!” Butch Twining Councilman Gracey Larrea-Van Der Mark Council Woman Chad Williams Councilman IN GOD WE TRUST CITY COUNCIL Celebrating 50 Years HUNTINGTON BEACH CENTRAL LIBRARY COMMUNITY & LIBRARY SERVICES COMMISSION Travis Hopkins, Acting City Manager Ashley Wysocki, Director EXECUTIVE LEADERSHIP Austin Edsell Lolly McHardy Ceason Baker Steve Barnes Teisha Nim-Husaini Jeanne Paris Tricia Thienes 2025 418 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-110 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Michael E. Gates, City Attorney VIA:Travis K. Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Recommendation to Approve and Adopt Resolution No . 2025-08 Appointing Chief Assistant City Attorney Michael J. Vigliotta to the Position of City Attorney for the City of Huntington Beach Statement of Issue: Michael E. Gates will be resigning from his position as City Attorney for the City of Huntington Beach to accept a position with the United States Department of Justice. Per Section 312 of the City Charter, a vacancy in an office designated as elective by the City Charter shall be filled by appointment by the City Council. The City Council is requested to appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney upon Michael E. Gates vacating the office of City Attorney. Financial Impact: Some salary cost savings will be realized. The City Attorney position is funded in the current fiscal year budget. Recommended Action: A) Appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney for the City of Huntington Beach; and, B) Approve and adopt Resolution No. 2025-08, “A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: Huntington Beach City Attorney Michael E. Gates has announced that he will be resigning from his City of Huntington Beach Printed on 2/13/2025Page 1 of 2 powered by Legistar™ 419 File #:25-110 MEETING DATE:2/18/2025 position to accept a position with the United States Department of Justice. In the instance of an elected official vacating their position, Section 312 of the City Charter states that the position shall be filled by appointment by the City Council. The City Council is requested to appoint Chief Assistant City Attorney Michael J. Vigliotta to the position of City Attorney upon Michael E. Gates vacating the office of City Attorney. Michael J. Vigliotta served the City of Huntington Beach as Chief Assistant City Attorney for nearly two decades. During his tenure with Huntington Beach, Mr. Vigliotta has been involved in countless challenging and high-profile projects relating to State housing mandates, land use, and labor negotiations. He has also held the position of City Attorney for the City of Orange. 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. 2025-08, “A Resolution of the City Council of the City of Huntington Beach Setting the Salary Rate and Assigning Certain Benefits for the Appointed City Attorney.” City of Huntington Beach Printed on 2/13/2025Page 2 of 2 powered by Legistar™ 420 421 RESOLUTION NO. 2025-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTIN GTON BEACH SETTING THE SALARY RATE AND ASSIGNING CERTAIN BENEFITS FOR THE APPOINTED CITY ATTORNEY WHEREAS , the City Council of Huntington Beach desires to assign a salary rate and ce1tain benefits for the Appointed City Attorney; and NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. The salary of the appointed City Attorney as reflected in the salary range contained in the Non-Associated Elected Executive Management Salary Schedule "Exhibit B", attached hereto and incorporated herewith shall be set at the NA0016 rate of $135.00 per hour. SECTION 2. The City Attorney's salary automatically increases at 3% annually, not to exceed the Pay Grade High Point. SECTION 3. All other allowances and benefits will immediately match, continue to follow, and be updated according to agreed-upon Non-Associated Resolution modifications. SECTION 4. All other benefits and salary ranges established and reflected in the Non- Associated Employees Pay and Benefits Resolution in effect, shall continue unless modified by City Council action. SECTION 5. 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 18th day of February, 2025. Mayor REVIEWED AND APPROVED: APPROVED AS TO FORM: Acting City Manager ~ City Attorney 25-15972/369017 422 EXHIBITS NON-ASSOCIATED ELECTED EXECUTIVE MANAGEMENT SALARY SCHEDULE Job No 0017 0018 0016 -Description City Clerk Pay Starting Range Point ELECTED OFFICIALS Effective April 1, 2023* NA0017 69.94 City Treasurer-THREE-QUARTER NA0018 69.94 TIME ! City Attorney ELECTED OFFICIALS-CITY ATTORNEY Effective July 1, 2024** I NA0016 ! 100.18 I *Per Resolution No. 2023-10 adopted on 3/21/23. **Per Resolution No. 2022-82 adopted on 12/20/22. Control Point 77.85 77.85 127.40 High Point 86.66 86.66 148.53 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-087 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative to Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community- Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials; and Consider Options on How to Proceed Statement of Issue: On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. Staff is now returning to provide this report and seek direction from the City Council on how to proceed. Financial Impact: Based upon the City Council’s recommendation, the Registrar of Voters estimates the cost to submit this initiative to voters will range from approximately $340,515 to $1,315,402. This cost will be in addition to the amount already due to the Registrar of Voters to conduct the certified verification of signatures contained in the petition in the amount of $54,702.60. Recommended Action: A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community- Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials;” and, B) Adopt Ordinance No. 4239, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding City of Huntington Beach Printed on 2/13/2025Page 1 of 4 powered by Legistar™ 423 File #:25-087 MEETING DATE:2/18/2025 New Section 2.30.090 Thereof;” OR C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-09, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal by Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’.”; and, 2. Adopt Resolution No. 2025-10, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-11, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-12, “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On January 21, 2025, the City Council adopted Resolution No. 2025-04 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , ”To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. Staff is now returning to provide this report for this initiative. Pursuant to Elections Code 9215(c),”[w]hen the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election […] Should the City decide to order an election, the election “shall be held at the jurisdiction's next regular election City of Huntington Beach Printed on 2/13/2025Page 2 of 4 powered by Legistar™ 424 File #:25-087 MEETING DATE:2/18/2025 occurring not less than 88 days after the date of the order of election,” pursuant to Elections Code 1405(a). The City may also “call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear […],” pursuant to Elections Code 1405(b). Article VII, Section 700 of the City’s Charter provides for general municipal elections to be held in the City on the first Tuesday after the first Monday in November in each even-numbered year. The next general municipal election would fall on November 3, 2026. There are no conflicts of the City’s Charter with Elections Code Sections 1000, 1001, 1405, and 9215. Cost of the Election: The City Clerk’s Office worked with the Orange County Registrar of Voters (OCROV) to determine costs of submittal for the initiative to the voters. Should the City Council decide to hold a special election for this initiative, the estimated cost would range from $1,190,478 to $1,315,405. The next General Election would be November 3, 2026. Should the City Council elect to submit for this date, the cost would range from $340,515 to $399,499. If the City Council decides to include the second citizen initiative (“An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled “Public Operation of Library Services”), an additional cost of approximately $8,500 would be incurred for both scenarios. The referenced costs are in addition to the amount due to the OCROV for the verification of signatures totaling $54,702.60. Should the initiative pass, the cost for implementation and long-term operations would be minimal. 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. Ordinance No. 4239 - “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Deleting Chapter 2.66 Thereof and Adding Section 2.30.090 Thereof” 2. Resolution No. 2025-09 - “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to the Voters an Initiative Ordinance to Amend the Huntington Beach Municipal by City of Huntington Beach Printed on 2/13/2025Page 3 of 4 powered by Legistar™ 425 File #:25-087 MEETING DATE:2/18/2025 Deleting Chapter 2.66 Thereof Entitled ‘Community Parent Guardian Review Board for Procurement of Children’s Library Materials’ and Adding Section 2.03.090 Thereto Entitled ‘Selection and Use of Library Materials’” 3. Resolution No. 2025-10 - “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council” 4. Resolution No. 2025-11 - “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis” 5. Resolution No. 2025-12 - “A Resolution of the City Council of the City of Huntington Beach Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” City of Huntington Beach Printed on 2/13/2025Page 4 of 4 powered by Legistar™ 426 427 ORDINANCE NO. 4239 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING CHAPTER 2.66 THEREOF AND ADDING NEW SECTION 2.30.090 THEREOF The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: Chapter 2.66 of Title 2 of the Huntington Beach Municipal Code is stricken. SECTION 2. A new Section 2.30.090 of Title 2 of the Huntington Beach Municipal Code is added to read as follows: 2.30.900. Selection and Use of Library Materials Director and Library Services shall establish policies for the selection and use of library materials, provided that such policies adopt the following requirements: A . The Library serves as a center for voluntary inquiry and the dissemination of information and ideas. B. Library materials shall not be excluded from the library collection because of the origin, background, or views of those contributing to the creation of the materials,or because of the topic addressed by the materials or the views expressed in the materials. C. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in thecollection as a whole. D. The public has the right to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ ., 2025. Mayor ATTEST: APPROVED AS TO FORM: '~~ City Clerk ~ City Attorney 24-15693 /366036 428 RESOLUTION NO. 2025-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR THE HOLDING OF A [GENERAL] [SPECIAL] ELECTION ON TUESDAY, ______ , 20 , FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNCIPAL BY DELETING CHAPTER 2.66 THEREOF ENTITLED 'COMMUNITY PARENT GUARDIAN REVIEW BOARD FOR PROCUREMENT OF CHILDREN'S LIBRARY MATERIALS' AND ADDING SECTION 2.03.090 THERETO ENTITLED 'SELECTION AND USE OF LIBRARY MATERIALS WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Huntington Beach, California, signed by more than IO percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of library materials; and WHEREAS, the Orange County Registrar of Voters examined the records ofregistration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, ______ __, 2025, a [General] [Special] Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Deleting Chapter 2.66 Thereof Entitled 'Community Parent Guardian Review Bom-d for Procurement of Children's Libra1y Materials' and Adding Section 2.30.090 Thereto Entitled 'Selection NO and Use of Library Materials' be adopted? SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. 429 RESOLUTION NO. 2025-09 SECTION 3. That the vote requirement for the measure to pass is a majority (50%+ 1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as required by law. SECTION 5 . That the Orange County Registrar of Voters is authorized, instructed and directed to procure and furnish any and a ll official ballot s, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the vote centers shall be open at seven o 'clock a.m. of the day of the election and shall remain open continuous ly from that time until 8:00 o'clock p.m. of the same day when the vote centers shall be c losed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of Cal ifornia. SECTION 7. That in all particulars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal e lecti ons. SECTION 8. That notice of the time and place of holding the election is g iven and the City Clerk is authorized, instructed and directed to give fu1ther or additional notice of the e lection, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: ~~ City Clerk ~ City Attorney 2 24-1 5693 / 363031 430 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: Chapter 2.66 of Title 2 of the Huntington Beach Municipal Code is stricken. SECTION 2. A new Section 2.30.090 of Title 2 of the Huntington Beach Municipal Code is added to read as follows: 2.30.900. Selection and Use of Library Materials Director and Library Services shall establish policies for the selection and use of library materials, provided that such policies adopt the following r~quirements: I A. The Library serves as a center for voluntary inquiry and the dissemination of information and ideas. B. Library materials shall not be excluded from the library collection because of the origin, background, or views of those contributing to the creation of the materials,or because of the topic addressed by the materials or the views expressed in the materials. C. Library materials should be provided for the interest, information, and enlightenment of all people, and should present diverse points of view in thecollection as a whole. D. The public has the right to receive access to a range of social, political, aesthetic, moral, and other ideas and experiences. 24-15693 / 366039 431 RESOLUTION NO. 2025-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A [GENERAL] [SPECIAL] MUNICIPAL ELECTION TO BE HELD ON TUESDAY, ____ ,20_ WHEREAS, a [General] [Special] Municipal Election is to be held in the City of Huntington Beach, California, on _______ , 20 ; and WHEREAS, in the course of conduct of the election it is necessa1y for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Huntington Beach, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of§ 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to pe1mit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places (vote centers) and poll workers the county uses for their elections; 3. The voter record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for voter information guides; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. 432 RESOLUTION NO. 2025-10 SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County Election Department, each a certified copy of this resolution. SECTION 4. That the City Clerk shall ce1tify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ , 2025. Mayor ATTEST: APPROVED AS TO FORM: P-A~~ City Clerk t.-i--City Attorney 2 24-1 5693 / 363 02 8 433 RESOLUTION NO. 2025-11 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a [General] [Special] Municipal Election is to be held in the City of Huntington Beach, California, on ________ , 20 __ , at which there will be submitted to the voters the following measure: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Deleting Chapter 2.66 Thereof Entitled 'Community Parent Guardian Review Board for Procurement of Children's Library Materials' and Adding Section 2.30.090 Thereto Entitled 'Selection NO and Use of Library Materials' be adopted? NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes the following member(s) of its body _______ (Council Member In Favor) or _____ (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) -------(Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed name(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California. The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 434 RESOLUTION NO. 2025 -11 SECTION 2 . That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney shall prepare an impartia l analysis of the measure not exceeding 500 words showing the effect of the measure on the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. b. The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requisite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ballot, nor in the voter information portion of the voter information guide, there shall be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the elections official's office at (insert phone number) and a copy will be mailed at no cost to you." d. The impartial analysis shall be filed by the dat e set by th e City Clerk for the fi ling of primary arguments. SECTION 3. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ , 2025. Mayor ATTEST: APPROVED AS TO FORM: -Pul~ City C lerk ~ City Attorney 2 24-15693 I 363029 435 RESOLUTION NO. 2025-12 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELEC11ONS WHEREAS,§ 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section 1 shall apply at the next ensuing municipal election and at each municipal election after that time. 436 RESOLUTION NO. 2025-12 SECTION 4. That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on ______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk (/.-, City Attorney 2 24-15693 I 363032 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-126 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Jennifer Carey, Deputy City Manager Subject: Receive and File this Report of Effect of Proposed Initiative for Citizen Initiative “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and Consider Options on How to Proceed Statement of Issue: On January 21, 2025, the City Council adopted Resolution No. 2025-03 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. Staff is now returning to provide this report and seek direction from the City Council on how to proceed. Financial Impact: Based upon the City Council’s recommendation, the Registrar of Voters estimates the cost to submit this initiative to voters will range from approximately $340,515 to $1,315,402. This cost will be in addition to the amount already due to the Registrar of Voters to conduct the certified verification of signatures contained in the petition in the amount of $58,289.60. Recommended Action: A) Receive and file this Report of Effect of Proposed Initiative for citizen initiative, “An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” and, B) Adopt Ordinance No. 4330, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’;” OR, C) Submit Citizen Initiative to the Voters at the next General Municipal Election on November 3, City of Huntington Beach Printed on 2/13/2025Page 1 of 4 powered by Legistar™ 437 File #:25-126 MEETING DATE:2/18/2025 2026 OR, D) Call for a special election to be held not less than 88 days, nor more than 103 days after the order of the election, and: 1. Adopt Resolution No. 2025-13, “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’;” and, 2. Adopt Resolution No. 2025-14, “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a Special Election to be Held on a Date to be determined by the City Council.”; and, 3. Adopt Resolution No. 2025-15, “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis.”; and, 4. Adopt Resolution No. 2025-16, “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections.” Alternative Action(s): Do not approve, and direct staff accordingly. Analysis: On January 21, 2025, the City Council adopted Resolution No. 2025-03 accepting the Certificate as to Verification of Signatures from the Orange County Registrar of Voters for a citizen initiative , ”An Ordinance to Amend the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’.” Additionally, the City Council ordered a “Report of Effect of Proposed Initiative” for the citizen initiative to return for the City Council’s review within 30 days. Staff is now returning to provide this report for this initiative. Pursuant to Elections Code 9215(c),”[w]hen the report is presented to the legislative body, the legislative body shall either adopt the ordinance within 10 days or order an election […] Should the City decide to order an election, the election “shall be held at the jurisdiction's next regular election occurring not less than 88 days after the date of the order of election,” pursuant to Elections Code 1405(a). The City may also “call a special election for the purpose of submitting an initiative measure to the voters before the date on which the initiative measure would appear […],” pursuant to Elections Code 1405(b). City of Huntington Beach Printed on 2/13/2025Page 2 of 4 powered by Legistar™ 438 File #:25-126 MEETING DATE:2/18/2025 Article VII, Section 700 of the City’s Charter provides for general municipal elections to be held in the City on the first Tuesday after the first Monday in November in each even-numbered year. The next general municipal election would fall on November 3, 2026. There are no conflicts of the City’s Charter with Elections Code Sections 1000, 1001, 1405, and 9215. Cost of the Election: The City Clerk’s Office worked with the Orange County Registrar of Voters (OCROV) to determine costs of submittal for the initiative to the voters. Should the City Council decide to hold a special election for this initiative, the estimated cost would range from $1,190,478 to $1,315,405. The next General Election would be November 3, 2026. Should the City Council elect to submit for this date, the cost would range from $340,515 to $399,499. If the City Council decides to include the second citizen initiative (“To Repeal Ordinance No. 4318 by Deleting Huntington Beach Municipal Code Chapter 2.66 - Community-Parent Guardian Review Board for Procurement of Children’s Library materials, and Adding Section 2.30.090 - Selection and Use of Library Materials”), an additional cost of approximately $8,500 would be incurred for both scenarios. The referenced costs are in addition to the amount due to the OCROV for the certified verification of signatures totaling $58,289.60. Should the initiative pass, the cost for implementation and long-term operations would be minimal. 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. Ordinance No. 4330 - “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Section 2.30.100, Entitled ‘Public Operation of Library Services’” 2. Resolution No. 2025-13 - “A Resolution of the City Council of the City of Huntington Beach Calling for the Holding of a Special Election on a Date to be Determined by City Council for Submission to Voters an Initiative Ordinance to Amend the Huntington Beach Municipal Code Adding New Section 2.03.100, Entitled ‘Public Operation of Library Services’” 3. Resolution No. 2025-14 - “A Resolution of the City Council of the City of Huntington Beach Requesting the Board of Supervisors of the County of Orange to Render Specified Services to the City Relating to the Conduct of a [General] [Special] Election to be Held on a Date to be determined City of Huntington Beach Printed on 2/13/2025Page 3 of 4 powered by Legistar™ 439 File #:25-126 MEETING DATE:2/18/2025 by the City Council” 4. Resolution No. 2025-15 - “A Resolution of the City Council of the City of Huntington Beach Setting Priorities for Filing a Written Argument(s) Regarding a City Measure and Directing the City Attorney to Prepare an Impartial Analysis” 5. Resolution No. 2025-16 - “A Resolution of the City Council of the City of Huntington Beach, California Providing for the Filing of Rebuttal Arguments for City Measures Submitted at Municipal Elections” City of Huntington Beach Printed on 2/13/2025Page 4 of 4 powered by Legistar™ 440 441 ORDINANCE NO. 4330 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING NEW SECTION 2.30.100, ENTITLED "PUBLIC OPERATION OF LIBRARY SERVICES" The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1: New Section 2.30.100 of the Huntington Beach Municipal Code is added to read as follows: 2.30.100 Public Operation of Library Services No public library owned or operated by the City as of March 19 , 2024, or hereafter owned or operated by the City, shall be sold, leased, exchanged or otherwise transferred or disposed of, nor shall any service provided by the Huntington Beach Public Library as of March 19, 2024, be operated or managed by a private contractor that employs library staff to achieve cost savings and/or any proposal that would change the wholesale management of any Huntington Beach library unless: (1) such service was outsomced to a private organization or operated pursuant to a managed services agreement with a private entity during any period from January 1, 2018 through March 19, 2024; (2) the City declares a fiscal emergency pursuant to Article XIIIC, Section 2(b) of the California Constitution; or (3) it is authorized by the affirmative votes of at least a majority of the total membership of the City Council and by the affirmative vote of at least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Any contract to change the wholesale management or outsource library management and operations services to a private contractor entered into between March 19, 2024 and the adoption of this Section 2.30.100, shall be considered void or shall be immediately canceled to the extent permitted by law. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk 0-City Attorney 25-15845 / 366083 442 RESOLUTION NO. 2025-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR THE HOLDING OF A [GENERAL] [SPECIAL] ELECTION ON TUESDAY, ______ , 20_, FOR SUBMISSION TO VOTERS AN INITIATIVE ORDINANCE TO AMEND THE HUNTINGTON BEACH MUNCIPAL CODE BY ADDING NEW SECTION 2.03.100, ENTITLED "PUBLIC OPERATION OF LIBRARY SERVICES" WHEREAS, pursuant to authority provided by statute, a petition has been filed with the legislative body of the City of Huntington Beach, California, signed by more than 10 percent of the number of registered voters of the city to submit a proposed ordinance relating to selection and use of library materials; and WHEREAS, the Orange County Registrar of Voters examined the records of registration and ascertained that the petition is signed by the requisite number of voters, and has so certified; and WHEREAS, the City Council has not voted in favor of the adoption of the ordinance; and WH:EREAS, the City Council is authorized and directed by statute to submit the proposed ordinance to the voters, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the City of Huntington Beach, California, on Tuesday, ------~20_, a [General] [Special] Municipal Election for the purpose of submitting the following proposed ordinance: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Adding New Section 2.30.100, Entitled "Public Operation of Library Services" be adopted? NO SECTION 2. That the text of the ordinance submitted to the voters is attached hereto as Exhibit A. SECTION 3. That the vote requirement for the measure to pass is a majority (50%+ 1) of the votes cast. SECTION 4. That the ballots to be used at the election shall be in form and content as 443 RESOLUTION NO. 2025-13 required by law. SECTION 5. That the Orange County Registrar of Voters is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be necessary in order to properly and lawfully conduct the election. SECTION 6. That the vote centers shall be open at seven o 'clock a.m. of the day of the election and shall remain open continuously from that time until 8:00 o'clock p.m. of the same day when the vote centers shall be closed, pursuant to Elections Code § 10242, except as otherwise provided in the Elections Code of the State of California. SECTION 7. That in all pai1iculars not recited in this resolution, the election shall be held and conducted as provided by law for holding municipal elections. SECTION 8. That notice of the time and place of holding the election is given and the City Clerk is authorized , instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 9. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk fJ-~ ft/ City Attorney 2 25-1584 5 I 366079 444 The People of the City of Huntington Beach do hereby ordain as follows: SECTION 1: New Section 2.30.100 of the Huntington Beach Municipal Code is added to read as follows: 2.30.100 Public Operation of Library Services No public library owned or operated by the City as of March 19, 2024, or hereafter owned or operated by the City, shall be sold, leased, exchanged or otherwise transferred or disposed of, nor shall any service provided by the Huntington Beach Public Library as of March 19, 2024, be operated or managed by a private contractor that employs library staff to achieve cost savings and/or any proposal that would change the wholesale management of any Huntington Beach library unless: (1) such service was outsourced to a private organization or operated pursuant to a managed services agreement with a private entity during any period from January 1, 2018 tln·ough March 19, 2024; (2) the City declares a fiscal emergency pursuant to Article XIIIC, Section 2(b) of the California Constitution; or (3) it is authorized by the affirmative votes ofat least a majority of the total membership of the City Council and by the affinnative vote ofat least a majority of the electors voting on such proposition at a general or special election at which such proposition is submitted. Any contract to change the wholesale management or outsource library management and operations services to a private contractor entered into between March 19, 2024 and the adoption of this Section 2.30.100, shall be considered void or shall be immediately canceled to the extent permitted by law. 25-15845 / 366082 445 RESOLUTION NO. 2025-14 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO RENDER SPECIFIED SERVICES TO THE CITY RELATING TO THE CONDUCT OF A [GENERAL) [SPECIAL] MUNICIPAL ELECTION TO BE HELD ON TUESDAY, ----~'20_ WHEREAS, a [General] [Special] Municipal Election is to be held in the City of Huntington Beach, California, on _______ , 20_; and WHEREAS, in the course of conduct of the election it is necessary for the City to request services of the County; and WHEREAS, all necessary expenses in performing these services shall be paid by the City of Huntington Beach, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That pursuant to the provisions of§ 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Election Department to prepare and furnish the following for use in conducting the election: 1. A listing of county precincts with number of registered voters in each, so city may consolidate election precincts into city voting precincts, and maps of the voting precincts; 2. A list of polling places (vote centers) and poll workers the county uses for their elections; 3. The voter record of the names and address of all eligible registered voters in the City in order that the City's consultant may: a. Produce labels for vote-by-mail voters; b. Produce labels for voter infmmation guides; c. Print Rosters of Voters and Street Indexes; 4. Voter signature verification services as needed; 5. Make available to the City election equipment and assistance as needed according to state law. 446 RESOLUTION NO. 2025-14 SECTION 2. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill. SECTION 3. That the City Clerk is directed to forward without delay to the Board of Supervisors and to the County E lection Department, each a certified copy of this resolution. SECTION 4. That the City Clerk shall certify to the passage and adoption of thi s Resolution and enter it into the book of original Resolutions. PASSED , APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on _________ , 2025 . Mayor ATTEST: APPROVED AS TO FORM: f«/l ~ City Clerk / v City Attorney 2 25-1 5845 / 366077 447 RESOLUTION NO. 2025-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING PRIORITIES FOR FILING A WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS WHEREAS, a [General] [Special] Municipal Election is to be held in the City of Huntington Beach, California, on ________ ., 20~, at which there will be submitted to the voters the following measure: Shall the Ordinance to Amend the Huntington Beach YES Municipal Code by Adding New Section 2.30.100, Entitled "Public Operation of Library Services" be adopted? NO NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the City Council authorizes the following member(s) of its body _______ (Council Member In Favor) or _____ (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) -------(Council Member In Favor) or (Council Member Against) -------(Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) -------(Council Member In Favor) or (Council Member Against) _______ (Council Member In Favor) or (Council Member Against) to file (a) written argument(s) not exceeding 300 words regarding the City measure as specified above, accompanied by the printed nan1e(s) and signature(s) of the author(s) submitting it, in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California The arguments may be changed or withdrawn until and including the date fixed by the City Clerk after which no arguments for or against the City measure may be submitted to the City Clerk. The arguments shall be filed with the City Clerk, signed, with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers who is the author of the argument. The arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. 448 RESOLUTION NO. 2025-15 SECTION 2. That the City Counci l directs the City C lerk to transmit a copy of the measure t o the City Attorney , unless the organization or salaries of the office of the City Attorney are affected. a. The City Attorney s hall prepare an impartial analysis of the measure not exceeding 500 words s howing the effect of the m easure o n the existing law and the operation of the measure. If the measure affects the organization or salaries of the office of the city attorney, the city clerk shall prepare the impartial analysis. b . The analysis shall include a statement indicating whether the measure was placed on the ballot by a petition signed by the requi s ite number of voters or by the governing body of the city. c. In the event the entire text of the measure is not printed on the ball ot, nor in the voter information portion of the vot er information guide, there s ha ll be printed immediately below the impartial analysis, in no less than 10-point type, the following: "The above statement is an impartial analysis of Ordinance or Measure _. If you desire a copy of the ordinance or measure, please call the elections official 's office at (insert phone number) and a copy wi ll be mailed at n o cost to yo u ." d. The impai1 ia l analysis s hall be fi led by the date set by the City Clerk for the filin g of primary arguments. SECTION 3 . That th e City Clerk sha ll certify to the passage and adoptio n of this resolution and enter it into the book of original re s olutions . PASS ED, APPROVED AND ADOPTED by the City Council of the C ity of Huntington Beach at a regular meeting thereof held on _________ , 2025. Mayo r ATTE ST: APPROVED AS TO FORM: ?ve~~ City Clerk f"' C ity Attorney 2 25-1584 5 / 366076 449 RESOLUTION NO. 2025-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, PROVIDING FOR THE FILING OF REBUTTAL ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL ELECTIONS WHEREAS, § 9282 of the Elections Code of the State of California provides for written arguments to be filed in favor of or against city measures not to exceed 300 words in length; and WHEREAS, § 9285 of the Elections Code of the State of California authorizes the City Council, by majority vote, to adopt provisions to provide for the filing of rebuttal arguments for city measures submitted at municipal elections, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION I. That pursuant to Section 9285 of the Elections Code of the State of California, when the elections official has selected the arguments for and against the measure (not exceeding 300 words each) which will be printed and distributed to the voters, the elections official shall send a copy of an argument in favor of the proposition to the authors of any argument against the measure and a copy of an argument against the measure to the authors of any argument in favor of the measure immediately upon receiving the arguments. The author or a majority of the authors of an argument relating to a city measure may prepare and submit a rebuttal argument not exceeding 250 words or may authorize in writing any other person or persons to prepare, submit, or sign the rebuttal argument. A rebuttal argument shall not be signed by more than five authors. The rebuttal arguments shall be filed with the City Clerk, signed, with the printed name( s) and signature( s) of the author( s) submitting it, or if submitted on behalf of an organization, the name of the organization, and the printed name and signature of at least one of its principal officers, not more than 10 days after the final date for filing direct arguments. The rebuttal arguments shall be accompanied by the Form of Statement To Be Filed By Author(s) of Argument. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut. SECTION 2. That all previous resolutions providing for the filing of rebuttal arguments for city measures are repealed. SECTION 3. That the provisions of Section I shall apply at the next ensuing municipal election and at each municipal election after that time. 450 RESOLUTION NO. 2025-16 SECTION 4. That the City Clerk shall ce1iify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereo f held on ______ , 2025. Mayor ATTEST: APPROVED AS TO FORM: City Clerk fv-City Attorney 2 25 -1 5845 I 366075 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-017 MEETING DATE:2/18/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, Acting City Manager PREPARED BY:Ashley Wysocki, Director of Community & Library Services Subject: Approve and authorize the execution of a License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of the Symphony of Flowers at Huntington Central Park East located at 18381 Goldenwest Street. Statement of Issue: The City Council is asked to approve a License Agreement, between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of the Symphony of Flowers in a portion of Huntington Central Park East. Financial Impact: The City will receive a one-time license fee of $15,000 and will receive a portion of event revenue from various fees, including tickets, food and beverage sales, and sponsorships. Additionally, the City will receive 60% of parking fees collected in the reserved parking areas, which will be used for capital improvement projects benefiting the Huntington Central Park and the Huntington Beach Central Library, including the restoration of the library fountains and park irrigation systems. The City is guaranteed a minimum annual revenue of $150,000. Recommended Action: A) Approve and authorize the Mayor and City Clerk to execute a License Agreement Between the City of Huntington Beach and Flowers of the Sky Entertainment, LLC, for the management and operation of Symphony of Flowers at Huntington Central Park East; and, B) Approve Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California - Symphony of Flowers Project (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) as adequate and complete in accordance with the California Environmental Quality Act requirements. Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: City of Huntington Beach Printed on 2/13/2025Page 1 of 5 powered by Legistar™ 451 File #:25-017 MEETING DATE:2/18/2025 On October 15, 2024, the City Council directed staff to work with the Symphony of Flowers operator on the feasibility of an agreement to debut the Symphony of Flowers (Symphony) event in Huntington Beach. This unique opportunity fulfills the City Council‘s Strategic Plan goal to explore additional sports and event venues throughout the City, which aims to enhance the cultural and recreational offerings available to residents and visitors. By bringing new and diverse events to Huntington Beach, the City can enrich the community experience and support local tourism and business growth. Additionally, this opportunity aligns with the City’s commitment to exploring new revenue generation opportunities as a means to reinvest back into our community. Through strategic partnerships and events like the Symphony of Flowers, the City can generate additional funds that will be used to improve infrastructure, support public services, and enhance the overall quality of life for residents. Staff identified the area in Huntington Central Park East known as the Central Park campground as an ideal location. The campground within Huntington Central Park East provides a space with minimal impact to overall park use compared to other sites within Huntington Central Park. It also serves to be a successful location for popular annual events, making it an ideal location for a multi- month installation. After several site meetings, the Event Operator confirmed their desire to operate in Huntington Central Park and entered into contract negotiations with the City. The Symphony is a completely new form of interactive, immersive entertainment, created by Normand Latourelle. Mr. Latourelle is the co-founder of Cirque de Soleil and the creator and artistic director of two touring shows, Cavalia and Odysseo, which are two of the largest productions of their kind in the world. Symphony completed a successful opening run in Montreal, Canada, in the early Fall of 2023, and is seeking to debut the show for the first time in the United States in Huntington Central Park East. Symphony features over 100,000 luminous flowers and over 500,000 low-emitting LED lights that are choreographed to captivating classical music. Up to 2,000 spectators will begin the experience in bleacher seating, where the audience can enjoy the flowers coming to life with an elevated view of the field. Following the conclusion of the 30-minute show, spectators are invited for a walk along the pathways within the fields of flowers, providing an immersive experience and allowing the audience to engage with the installation at their own pace. City of Huntington Beach Printed on 2/13/2025Page 2 of 5 powered by Legistar™ 452 File #:25-017 MEETING DATE:2/18/2025 Contract Term & Fees Below is a summary of key terms and conditions of the proposed agreement: Year 1 Year 2-3 Per-ticket Revenue $3 per ticket $5 per ticket Parking Revenue 60% City / 40% Event. City to provide parking attendant staffing Same as year 1 Sponsorship Revenue 0%City to receive 20% sponsorships Food and Beverage Revenue 0%City to receive 20% net profits Special Benefits City to receive revenue from 5 mutually agreeable days of off-peak (Monday - Thursday) performances. Event to receive Food and Beverage revenue during the 5- days to help offset the performance costs. Same as year 1 Restoration Fees SOF to provide restoration fee of $50,000 annually for turf and landscaping Same as year 1 Community Benefit Symphony understands how significant Huntington Central Park is to residents and visitors and has a desire to give back to the community during the term of the event. Symphony’s footprint will not inhibit accessibility around Huntington Central Park for daily users. Symphony will provide one thousand (1,000) event tickets directly to local, Huntington Beach based charities each year. Contract Details Below is a summary of key terms and conditions of the proposed agreement: Symphony Obligations: ·Shall operate all sales of tickets, concessions, merchandise, and other products related to event operation ·Shall operate all media and sponsorship events ·Shall secure all required City and County permits, at their own cost ·Shall follow all City of Huntington Beach Municipal Codes and Specific Event rules and regulations ·Shall professionally operate the property at all times ·Shall conduct routine maintenance and inspections as needed and make every attempt to keep noise level at a minimum during maintenance and inspections ·Shall be responsible for all costs associated with materials necessary to make the event premise suitable for the event ·Shall restore the event premises to its condition as existed before the event or any event activities City of Huntington Beach Printed on 2/13/2025Page 3 of 5 powered by Legistar™ 453 File #:25-017 MEETING DATE:2/18/2025 ·Shall be responsible for all costs and expenses to repair and/or replace any equipment, facilities, or property damaged ·Shall provide immediate removal of trash and debris from the event or any event activities ·Shall secure an account, separately meter, and be responsible for the cost of all utilities and materials ·Shall provide 1,000 event tickets directly to local, Huntington Beach based charities each year, and promote and host a special library event that will offer discounted ticket sales ·Shall pay for the cost of any necessary environmental review as required by law and as required by the City for this event ·Shall provide a complimentary sponsorship package for the city, which includes a prominent space for City usage from which the City may promote the City at the event, signage at locations throughout the event, placement of the City’s logo on all public event-related materials, and placement of City’s logo and banner advertisements on all event websites ·Shall provide a complimentary hospitality package that includes 400 complimentary VIP hospitality passes for the event per year for use by City’s employees and representatives ·Shall work collaboratively with the City to determine a restoration plan City Obligations: ·Shall conduct a lottery for non-profit fundraising opportunities at an upcoming City Council meeting ·Shall allow access to the property 24 hours per day, with the last show ending by 10:30 pm, from Friday through Sunday, and access for troubleshooting and repair/maintenance of the show ·Shall assist with event marketing, including Citywide banner/pennant program, social media, and press releases ·Shall provide access to Central Library, Parks Tree Landscape, and Marion Lot parking lots for event activation ·Shall coordinate with Huntington Beach Sports Complex for collaborative use of the parking lot for shows from Monday through Thursday Environmental Status: An Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) was prepared for the requested action. In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations § 15000 et seq.), this Addendum to the EIR analyzes the Symphony of Flowers (Project/Show) and demonstrates the Symphony of Flowers does not meet the standards for a Supplemental or Subsequent EIR pursuant to Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 and 15163. Although the Symphony of Flowers wasn’t originally contemplated in the Certified 1999 FMEIR, the Project instead qualifies for use of an Addendum pursuant to CEQA Guidelines Section 15164 as the Project would not result in any new significant impacts, nor would it substantially increase the severity of previously identified significant impacts or introduce new mitigation measures. As demonstrated by the analysis in the Addendum, City of Huntington Beach Printed on 2/13/2025Page 4 of 5 powered by Legistar™ 454 File #:25-017 MEETING DATE:2/18/2025 the Symphony of Flowers would not result in any new significant impacts, nor would it substantially increase the severity of previously identified significant impacts. Rather, all of the impacts associated with the Symphony of Flowers are within the envelope of impacts addressed in the Certified 1999 FMEIR and do not constitute new or substantially increased significant impacts. Therefore, the Symphony of Flowers does not meet the criteria for a Supplemental or Subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy B - Explore additional sports and concert venues to bolster tourism and provide world class amenities for community members. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Draft License Agreement between the City of Huntington Beach and Flowers of the Sky Entertainment LLC 2. Addendum to the Final Master Environmental Impact Report for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California - Symphony of Flowers Project (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007) City of Huntington Beach Printed on 2/13/2025Page 5 of 5 powered by Legistar™ 455   1 24-15263 / 357005   LICENSE AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND FLOWERS OF THE SKY ENTERTAINMENT LLC THIS LICENSE AGREEMENT (“Agreement”) is made and entered into this _____ day of ___________________________, 2025 (“Effective Date”), by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation and charter city (“City”), and Flowers of the Sky LLC, hereinafter referred to as “Licensee.” City and Licensee are sometimes hereinafter individually referred to as a “Party” and hereinafter collectively referred to as the “Parties.” RECITALS WHEREAS, Licensee is the United States producer of the event titled Symphony of Flowers. Symphony of Flowers is an acclaimed outdoor multimedia show, path, and experience, featuring thousands of lights and special effects across a field of multimedia flowers and activities (the “Event”); and WHEREAS, Licensee plans to License, or use, occupy, and/or utilize the Event Premises for a period of months of each year of the Term. This period between the conclusion of the City’s Civil War Reenactment and the American Revolutionary War Reenactment, or “season,” provides for setting up by Licensee of equipment, sets, or other objects on the Event Premises for the Events, a period of producing the Event for audiences, followed by time to take-down and removal of equipment, sets, or other objects from the Event Premises; and WHEREAS, City is owner of record of that certain real property located in the State of California, County of Orange, City of Huntington Beach commonly known as Huntington Central Park (the “Central Park”); and WHEREAS, it was the City that approached the Symphony of Flowers to come to the City. It is an event viewed by the City that would bring artistic value to the community and at the same time provide economic benefit to the City of Huntington Beach and the taxpayers; and WHEREAS, City recognizes the value of hosting the Symphony of Flowers for the enjoyment of its residents and the global community, the economic benefits brought to the City, and the showcasing of art, natural beauty, resources, enterprises, attractions, climate and parks of the City of Huntington Beach; and WHEREAS, Licensee desires and City agrees to allow Licensee certain rights to use a portion of the Central Park as shown on the drawing attached hereto and incorporated herein as Exhibit “A” (the “Event Premises” or “Licensed Premises”) for the purpose of presenting the Event to the public as further described below (the “Licensed Use”); and WHEREAS, City desires to grant such License to Licensee on the terms and conditions set forth herein, NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the value and adequacy of which are hereby acknowledged, the Parties agree as follows: 456   2 24-15263 / 357005   AGREEMENT 1. RECITALS. The foregoing recitals are true and correct, and the same are incorporated herein by this reference. 2. DEFINITIONS. 2.1 “Branding” means the promotion of the Event by means of advertising and distinctive design, including but not limited to trademarks and copyrights associated with the Event. 2.2 “Business day” means a day on which City hall is open for business. 2.3 “Chapter 13.54” refers to Chapter 13.54 of the Huntington Beach Municipal Code and any amendments thereto. 2.4 “City Parking Spaces” refers to those public parking spaces located at the Event Premises which are available for public use and not already encumbered or reserved by a law enforcement agency (to provide law enforcement for the Event). 2.5 “Event Participant” or “Attendee” or “Patron” means a person, business or organization that performs, participates in (inclusive of Vendors), or is showcased in the Event. 2.6 “Food and/or Beverage Vendor” means a Vendor who prepares and sells, or simply sells, food and/or beverage to Event attendees. 2.7 “HBMC” means the municipal code of the City of Huntington Beach. 2.8 “Vendor” means all Event Participants, exhibitors and any other persons, businesses and organizations associated with the Event, who offer a product or item, for sale or for giveaway, to Event attendees, and/or engage in some form of promotion to Event attendees. 2.9 “Event” means the Symphony of Flowers outdoor multimedia show, path, and experience, featuring thousands of lights and special effects across a field of multimedia flowers and activities. 2.10 “Event Premises” means that portion of the Central Park as shown on the drawing attached hereto and incorporated herein as Exhibit “A.” 2.11 A “Ticket” is a coupon or certificate of admission to be sold, one to each person, for admission for attendance of an Event. 3. LICENSE. 3.1 Grant. City grants a license to Licensee to use the Event Premises, during the term provided for in Section 5, below, for the Licensee to manage and operate the Event, and for no other purpose, and in accordance with the terms of this Agreement. 3.2 Purpose. The purpose of the grant of this license is for both the use by Licensee of public property, for the purpose of managing and operating both the Event as well as 457   3 24-15263 / 357005   specified activities related and incidental thereto, as well as the articulation of certain conditions, duties, obligations and benefits for Parties that are attendant to the grant of this license. 3.3 Disclaimer of Tenancy. Licensee is not a tenant or lessee of City and holds no rights of tenancy or leasehold in relation to the Event Premises. In consideration of City’s grant of this license, Licensee specifically and expressly waives, releases, and relinquishes any and all rights to assert any claim of right, privilege or interest in the Event Premises other than the rights expressly granted by both this Agreement as well as an applicable Specific Events Permit. 3.4 Disclaimer of Liability. Licensee covenants, agrees and warrants that City is not liable for any loss, damages or injury to the person, or property of any person, whatsoever at any time, occasioned by or arising out of any act or omission of Licensee, or of anyone acting as the agent, employee, customer or representative of Licensee, pursuant to the uses, activities or occupancy provided for by both the license granted under this Agreement. 3.5 Disorderly Persons. Notwithstanding the license provided herein, City shall have the right to refuse entrance to the Event, or remove and eject from the Event, any person associated with the Event or present at the Event, whose conduct, in the reasonable judgment of the City, is objectionable, disorderly, disruptive or in violation of any law. The indemnification provisions of this Agreement shall apply to any claim or cause of action arising from such refusal or ejectment. 4. TERM The Term of this License is three (3) years, commencing on the Effective Date, and concluding exactly three years to the day from the Commencement Date (the “Term”). Although, as provided below, the Event occurs only six (6) months of each year. If mutually agreed by City and Licensee, an extension of one (1) year may be provided following the conclusion of the initial Term. No occupation prior to or after the Term will occur unless the Licensee has obtained the prior written consent of City. Notwithstanding the foregoing, it is understood that Licensee may begin surveying and site marking prior to the beginning of the Term at no additional cost to the Licensee. 5. USE OF EVENT PREMISES 5.1 SEASONAL: Although the Term of the License is measured in years, the Event may only take place in a series of months each year between the conclusion of the City’s Civil War Reenactment and the beginning of the City’s American Revolutionary War Reenactment (that span of months between, as “Season”). This Season is typically between the conclusion of Labor Day weekend and the beginning of the Month of March; although exact dates may vary. At all times, this License, the Licensee, and the timing of the Event is subject to, and dependent on, the timing of the conclusion of the City’s Civil War Reenactment and the beginning of the City’s American Revolutionary War Reenactment. As such, this License Agreement contemplates and provides for Licensee to use the Event Premises for the Season. The Season is continuous and may not be broken up over a larger period of time. During the other months outside of the Season, as defined above, the Licensee will not occupy, use, store property/equipment, place objects, or otherwise utilize in any way any portion of Central Park or the Event Premises. Accordingly, the Event Premises that is used by Licensee 458   4 24-15263 / 357005   during the Season for set up, production, and take-down of equipment, staging, and other structures shall be cleared by Licensee and restored to the Event Premises’ natural state and condition the other months of the year. The Event Premises shall be used by Licensee for the purposes of presenting the Event to the public, including other ancillary activities related to the Event, including but not limited to the following: 5.1.1 The necessary preparation, set up, tear down and installation of Licensee’s equipment on the Event Premises for the presentation of the Event, including, but not limited to, tents, signs, fences, generators, and lighting equipment. 5.1.2 The operation of concession stands for the sale of merchandising products and food on the Event Premises including the sale and consumption of nonalcoholic and alcoholic beverages. 5.1.3 The holding of promotional and media events by Licensee or its sponsors. 5.1.4 The operation of a ticket box office for the sale of Event tickets. 5.1.5 The installation of vans, offices, public services areas, kitchen or other facilities for the Event and operations. 5.1.6 Operation of a tram, at Licensee’s option, within Huntington Central Park to shuttle participants from offsite parking to the Event Premises. 5.2 Licensee shall fulfill all requirements traditionally required of a City Specific Event, including but not limited to, business licensing, fire permits, and building and planning permits. 5.3 Licensee shall abide by all public safety regulations as set forth by the Huntington Beach Fire Department and the Huntington Beach Police Department. 5.4 Licensee shall be provided with all necessary access to the Event Premises at any time during the Term, including its right to conduct the Event on any day during the Term. 5.5 The normal operation of the Event shall be limited to the hours of 5:00 pm to 10:30 pm, local time, at which time the last show must be concluded, and guests with tickets must exit the Event Premises by 11:00 pm each night, unless otherwise agreed by the City. 5.6 Licensee shall conduct routine maintenance and inspections as needed during daylight hours. Licensee shall make every attempt to keep noise level at a minimum during maintenance and inspections. The Event Premises shall be used for the Licensed Use described herein and for no other purposes whatsoever. Licensee has personally inspected the Event Premises and the surrounding area and evaluated its suitability as a location for Licensee to occupy and use for conducting the Licensed Use. Licensee accepts the Event Premises in its present physical condition as of the Commencement Date and agrees to make no demands upon Licensor for any improvements or alterations of the Event Premises or elsewhere on the Real Property. 459   5 24-15263 / 357005   6. CONDITION OF PROPERTY AS-IS Licensee understands and agrees that the Event Premises shall be made available as-is by City. Licensee shall not be liable for any pre-existing condition of the Event Premises. Unless otherwise agreed, Licensee will be responsible for all costs associated with materials necessary to make the Event Premises suitable for the presentation of the Event. 7. EVENT IMPACT 7.1 Event Premises Restoration. Subject to Section 27, Licensee upon conclusion of the Event shall promptly and timely restore the Event Premises to its condition as existed before the commencement of the Event and any Event activities. Such Event Premises restoration duties of Licensee include but are not limited to immediate cleaning by the Licensee of the entire Event Premises as well as immediate removal by Licensee of all trash and debris generated or caused by the Event and any Event activities. 7.2 Event Damages. Licensee is responsible for all costs and expenses to repair and/or replace any equipment, facilities or property damaged, including Event Premises restoration as provided for in Section 7.1 above, as a result of the Event and/or Licensee’s use and occupation of the Event Premises. 7.3 Hazardous Substances. Licensee shall comply with all federal, state, and local laws and regulations relating to hazardous materials and waste and shall timely comply with the orders of any governmental agencies relating thereto. Prior to any Event activities Licensee shall request that a representative from the Environmental Health Division of the Orange County Health Care Agency review hazardous material storage and use to determine that compliance with local laws and regulations has been obtained, and Licensee shall provide verification of the same to City. Licensee shall at its own cost and expense remove all flammable and hazardous materials and waste as defined by state, federal, or local law immediately at the conclusion of the Event. Licensee shall make available for inspection to the City all records relating to the maintenance, release, mitigation, and cleanup of any hazardous substances on the premises of the Event Premises arising from or caused by the uses provided for in this Agreement. 8. UTILITIES AND SERVICES Licensee shall secure an account, separately meter, and be responsible for its own use of any electrical or water services as needed for the Event. Based on needs, Licensee will arrange for temporary electrical, water and sewage hookup and use during operations, subject to availability onsite. City shall collaborate with Licensee to find suitable connection points and will establish policies and procedures for the use of City infrastructure in support of the Event. 9. PARKING City will collaborate with Licensee to find suitable parking accommodations near the Licensed Premises for the visitors of the Event. Licensee will submit a Parking Plan for City’s review and approval, which may include the following options: 460   6 24-15263 / 357005   a) overflow parking in the Huntington Central Park Sports Complex, when not in use, or on the nearby dirt lot, referred to as the “Marion Lot,” with an option to provide a shuttle service; b) the reserved use of parking spaces in the Central Library parking lot on Friday, Saturday, and Sunday evenings during hours where Central Library is closed; c) the reserved use of parking spaces in the Gothard Parking lot for disabled placard only parking. 10. PAID PARKING Licensee shall charge a fee of at least $10 per space for parking and may charge a fee of up to $20 per space for parking in this reserved area, unless a different amount is agreed by Licensee and City in writing Parking fees collected in the areas shall be split between City and Licensee, with 60% payable to City and 40% payable to Licensee with the City to provide parking attendant staffing. This revenue sharing between City and Licensee shall exist and not be modified throughout the Term (including extensions and/or options) of this Agreement. Where applicable, the proceeds for City portion shall be paid to the City by Licensee within two weeks (14 days) after the close of each month in which Events occur and shall be placed in an account specifically for capital improvement projects to directly benefit Central Library and Central Park, including the restoration of the Library fountains and park irrigation systems. 11. TICKET SALES A “Ticket” as define above, is sold, one to each person, for attendance of an Event. All Ticket sales gross revenue for admission to, attendance of, viewing of, or participation in, the Event, shall be split between City and Licensee. YEAR 1: In year one (1) of this Agreement, City shall receive $3 per Ticket for all Tickets sold, with no limit on number of Tickets sold or cap on revenue to City. YEAR 2: In year two (2) of this Agreement, City shall receive $5 per Ticket for all Tickets sold, with no limit on number of Tickets sold or cap on revenue to City. YEAR 3: In year three (3) of this Agreement, City shall receive $5 per Ticket for all Tickets sold, with no limit on number of Tickets sold or cap on revenue to City. 11.1 GROUPS: In the event Licensee has large group Events for organizations, corporations, or other groups, i.e., “non-individual” Ticket Sales type Events, the “Ticket Sales” for that Event will be measured by the number of people of the organization, corporation, or group, that is admitted to the Event such that the City still realizes a “per person” or “individual in attendance” benefit from each Event. 11.2 TIMING OF PAYMENT: This revenue split between City and Licensee shall exist and not be modified throughout the Term (including extensions and/or options) of this Agreement. The proceeds for City portion shall be paid to the City by Licensee within two weeks after the close of each month in which Events occurred and may be deposited by the City into the City’s general fund and used for any purpose. 11.3 MINIMUM GUARANTEE: Licensee guarantees a minimum of $150,000 per year to the City in total revenue unless the agreement is terminated by either the City or 461   7 24-15263 / 357005   Licensee in accordance with the agreement. So, if Ticket Sales are less than expected, or the share of the City’s portion of total, aggregate Event revenue falls below and annual total of $150,000 in any year, Licensee shall make up the difference for that year. 12. SPONSORSHIP REVENUE YEAR 1: In year one (1) of this Agreement, City shall receive 0% in Sponsorship Revenue. YEAR 2: In year two (2) of this Agreement, City shall receive 20% of all Sponsorship Revenue. YEAR 3: In year three (3) of this Agreement, City shall receive 20% of all Sponsorship Revenue This revenue split between City and Licensee shall exist and not be modified throughout the Term (including extensions and/or options) of this Agreement. The proceeds for City portion shall be paid to the City by Licensee within two weeks after the close of each month in which Events occurred and may be deposited by the City into the City’s general fund and used for any purpose 13. FOOD AND BEVERAGE REVENUE YEAR 1: In year one (1) of this Agreement, City shall receive 0% of all Food and Beverage Revenue. YEAR 2: In year two (2) of this Agreement, City shall receive 20% net revenue for all Food and Beverage Revenue. YEAR 3: In year three (3) of this Agreement, City shall receive 20% net revenue for all Food and Beverage Revenue This revenue split between City and Licensee shall exist and not be modified throughout the Term (including extensions and/or options) of this Agreement. The proceeds for City portion shall be paid to the City by Licensee within two weeks after the close of each month in which Events occurred and may be deposited by the City into the City’s general fund and used for any purpose. 14. PAYMENTS TO CITY FROM EVENTS Licensee agrees to pay City within two weeks after the close of each month in which Events occurred the City’s share of the proceeds as described in Sections 10 and 11 by way of money wire transfer to the City’s account. The account information for wire transfers will be provided by the City to the Licensee by separate side letter. 15. SPECIAL BENEFITS Licensee agrees to provide 1,000 Event Tickets directly to local, Huntington Beach based charities each year. Licensee also agrees to promote and host a Special Library Event for the Anniversary of the Library on or near the anniversary of the Central Library. This Special Library Event will offer discounted Ticket Sales. 462   8 24-15263 / 357005   Licensee agrees to provide production of the event and City will receive ticket revenue for 5 mutually agreeable days, off-peak (Mon-Thurs) performances. Event to receive Food and Beverage revenue during the five (5) days to help offset performance costs. 16. PROACTIVE ACCOUNTING REPORTING In the interest of full disclosure, transparency, and public interest, along with the actual payment of proceeds from Parking, Ticket Sales, and donated Tickets to the City as described in Sections 10, 11, and 13 above, Licensee shall submit to the City a written report of all/gross Parking, Ticket Sales, and total number of individuals in attendance of each Event and net remittance to the City. This reporting shall show calculations for proceeds apportionment among the City and Licensee, show amounts retained by Licensee, and show amounts remitted to the City, and include any donated Tickets. The form of this accounting can be by letter, email, or any other convenient form of communication so long as the parties agree it is an official record sufficient and reliable in form and substance to satisfy the requirements any applicable State standards for accounting and for any future/potential financial audit. 16.1 Auditing Requirements. Licensee shall comply throughout the term of the Agreement with any requested audit by either City or third party on behalf of City. 17. CERTAIN LICENSEE OBLIGATIONS 17.1 Compliance with Applicable Laws. Licensee shall comply throughout the term of the Agreement with all applicable federal, state and local laws and regulations, as well as all applicable rules and regulations established by City, both in effect as of the Effective Date and as both enacted and amended from time-to-time. This includes compliance with the American Disabilities Act, and any other federal, state and local law the governs art and/or entertainment events such as this on this scale. Accordingly, Licensee understands the need to procure and maintain at its cost, bathrooms, pedestrian pathways and access, and any other amenity required as a matter of law or common sense. 17.2 Environmental Review. The Event requires an environmental review and mitigation pursuant to the California Environmental Quality Act (CEQA). City reserves the right to require the application of appropriate mitigation measures to address potential environmental impacts that may be identified during the environmental review process. Licensee agrees to pay for the cost of any necessary environmental review as required by law and as required by the City for this Event unless the agreement is terminated by either the City or Licensee in accordance with the agreement. This City shall not contribute to any such review. Licensee agrees that nothing in this Agreement shall require City to exercise its legislative or police power, or to make any other approval, except as both authorized by law as well as consistent with the City’s municipal and charter authority. 17.3 Taxes and Assessments. Licensee shall pay promptly and discharge all lawful taxes and assessments which may be levied by the federal, state, county, City or other tax levying body on any taxable interest of Licensee as well as all taxes and assessments on taxable personal property of whatever nature owned by Licensee and located on premises of the Event Premises, except for any real estate or similar land taxes applicable to the Event Premises itself. 463   9 24-15263 / 357005   Subject to the foregoing, Licensee shall promptly pay all excise, license and permit fees of whatever nature applicable to the operation of Licensee’s business. 17.4 Event Participant Liability Waivers. Licensee shall ensure that each Event participant executes a hold harmless liability waiver, in a form acceptable to City (with City consent to not be unreasonably withheld), pursuant to which Event participant both assumes the risk of injury, damages, or death, as well as Event participant releases the City from all liability in connection with the Event. 17.5 Service Contractors. At least fifteen (15) business days prior to the commencement of the Event, Licensee shall submit to City a written list of all persons or entities who will provide a service to or on behalf of Licensee for such Event. Licensee shall promptly update such written list and provide to City whenever there is a determination by Licensee additional persons or entities, not on the original list, will provide a service to or on behalf of Licensee for such Event. 17.6 Improvements and Safety Systems. Licensee shall design and construct such improvements and safety systems for the Event as may be required by governmental authorities in accordance with plans and specifications approved by such authorities and the City. 17.7 Evacuation and Safety Plan. Licensee shall develop an Evacuation and Safety plan for the Event that addresses and mitigates any potential threats to public safety that may reasonably arise from the conduct of the Event, that shall be approved by the City no later than ten (10) days prior to the commencement of any Event. 17.8 Limited License to Use Event Branding. Licensee hereby grants to City the limited, non-assignable, non-sublicensable, non-exclusive license to use and deploy, during the term, Branding for an Event, in all reasonable forms for advertising and marketing, but only to the extent related to promotion of the Event, and subject in each instance to Licensee’s prior written approval, which will not be unreasonably withheld by Licensee. 17.9 Operations, Equipment and Personnel. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Licensee shall provide for (or cause to be provided) all Event-related equipment, supplies, personnel (including volunteers), training of personnel (including volunteers), Event manuals/programs, Event set-up and tear down, and all other technical and operational aspects of the Event. 17.10 Event Costs. Except as otherwise provided for by this Agreement or an applicable Specific Events Permits, Licensee shall be solely responsible for all expenses and costs necessary for the promotion, management and operation of the Event. 17.11 Local Suppliers. Licensee shall consider, to the best extent possible and in compliance with applicable laws, to use local suppliers for the promotion, management and operation of the Event, subject to production needs. 17.12 Local Accommodations. Licensee shall make reasonable efforts to both use properties located within the City of Huntington Beach, for Event-related accommodations needs, as to both it and all participants, exhibitors, attendees, and any other persons and organizations associated with the Event, subject to production needs. 464   10 24-15263 / 357005   17.13 Complimentary Sponsorship Package for City. Licensee shall provide City with a sponsorship benefits package (for use solely by City) to include, but not be limited to: 17.13.1 Prominent space for City usage from which City may promote City, such as a booth at a prime Event location; and 17.13.2 Prominent signage (advertising only the City) at certain mutually approved prime locations throughout the Event Premises; and, 17.13.3 Prominent placement of City’s logo on selected public Event- related printed and internet material produced by Licensee, together with that of other sponsors or partners of the Event; and, 17.13.4 Prominent placement of City’s logo and City’s banner advertisements on all Event websites managed or controlled by Licensee, together with that of other sponsors or partners of the Event. City advertising material shall be provided by City to Licensee and use as-provided shall not be unreasonably withheld. 17.14 Complimentary Hospitality Package for City. Licensee shall provide City with a hospitality package (for use solely by City) to include 400 complimentary VIP sponsor hospitality passes for the Event per year for use by City’s employees and representatives, which passes grant access to Event VIP/priority seating areas. 18. LICENSE PAYMENT In consideration of the License granted to Licensee herein, Licensee shall pay to City a one-time license fee of Fifteen Thousand US Dollars ($15,000.00). Should City and Licensee mutually decide to exercise the one (1) year extension as outlined in Section 4 “Term” above, the fee for the extension shall be an additional Ten Thousand US Dollars ($10,000.00) and the City’s revised share for all Event ticket sales into the future will be $5 per ticket. There shall be no other form of consideration or payment to City, and all revenues derived from the Event, except for parking fees and ticket sales as described in Section 10 and 11 above, shall belong to Licensee exclusively. The Payment described herein is for the License granted to Licensee only. Licensee remains responsible for the payment of all taxes and charges related to Licensee’s use of the Licensed Premises, including but not limited to, the collection and payment of sales tax related to Licensee’s sale of merchandising products and food on the Licensed Premises during the presentation of the Event. 19. EVENT PREMISES KEPT SAFE At all times the Event Premises is under control of the Licensee for the Season, and specifically during the periods immediately before, during, and after the Events series takes place, the Licensee shall, and hereby does guarantee that, the Event Premises will be safe; it will be suitable such that even when the Event Premises is set up, but not in active use, accessible portions, if any, will be safe for pedestrians, animals, children on bicycles or any other device, and any other being to enter, traverse, and use in a foreseeable way without harm, or even a slight risk of harm, 465   11 24-15263 / 357005   to themselves. As such, Licensee assumes the role and responsibility herein to take any corrective measures necessary to make any and all conditions of the Event Premises safe for use during Events and when Events are not taking place. Additionally, it is the responsibility and role of the Licensee to ensure the security, storage, and delivery of the City’s portion of the Ticket Sales referenced in Section 11. 20. HOLD HARMLESS: IDEMNIFICATION AND DEFENSE Event: Licensee 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, lawsuits, litigation, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to attendees or patrons of the Event, or City or Licensee’s employees and damage to City or Licensee’s property arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, caused in whole or in part by any negligent act or omission of the Licensee, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Non-Event: Licensee also 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, lawsuits, litigation, damages, losses, expenses, judgments, demands and defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from any death or injury to individual on or near the Event Premises when Events are not taking place, or any private property or real property near or adjacent to the Event Premises when Events are not taking place, or City or Licensee’s employees and damage to City or Licensee’s property arising directly or indirectly out of the obligations or operations herein undertaken by Licensee, caused in whole or in part by any negligent act or omission of the Licensee, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Environmental: Licensee and City agree to a limited joint defense to any legal challenges to this License under the City’s Measure C or the Environmental Review and reporting conducted and performed by ESA pursuant to CEQA. That limited joint defense includes that Licensee shall make its selection of legal counsel of its choice and fully fund and bear any/all costs and expenses related to its legal counsel or defense of such legal actions. The City will undertake to join the defense with its attorney resources. The City will cooperate and support Licensee in defense of any legal challenge to this License under the City’s Measure C or the Environmental Review pursuant to CEQA. As part of the defense, Licensee hereby agrees to protect, defend, indemnify, and hold harmless City, its officers, elected or appointed officials, employees, and agents from and against any and all claims, lawsuits, litigation, damages, losses, expenses, judgments, demands and defense costs, and conseq uential damage or liability of any kind or nature, however caused, including those resulting from any challenge brought by any party the License under the City’s Measure C or the Environmental Review and reporting conducted and performed by ESA pursuant to CEQA. Notwithstanding the foregoing, Licensee may instead elect to terminate this Agreement 466   12 24-15263 / 357005   in the event of any legal challenges to this License under the City’s Measure C or the Environmental Review and reporting conducted and performed by ESA pursuant to CEQA. Except for any legal challenges as described in the preceding paragraph, Licensee will conduct all defenses at its sole cost and expense and City shall approve selection of Licensee’s counsel. This indemnity and defense obligation shall apply to all claims and liability, including but not limited to, any claims related to whether the approval of the Event by City, or the Event itself, is in compliance with applicable federal, state and local laws, and 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 Licensee. 21. WORKERS COMPENSATION INSURANCE Pursuant to California Labor Code Section 1861, Licensee acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers’ compensation; Licensee covenants that it will comply with such provisions prior to commencing performance of the work hereunder. Licensee shall obtain and furnish to City workers’ compensation and employer’s liability insurance in an amount of not less than the State statutory limits. Licensee shall require all subcontractors to provide such workers’ compensation and employer’s liability insurance for all the subcontractors' employees. Licensee shall furnish to City a certificate of waiver of subrogation under the terms of the Workers’ Compensation and Employer’s Liability Insurance and Licensee shall similarly require all subcontractors to waive subrogation. 22. GENERAL LIABILITY INSURANCE In addition to the Workers’ Compensation and Employer’s Liability Insurance and Licensee’s covenant to defend, hold harmless and indemnify City, Licensee shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage covering the use of the Licensed Premises. This policy shall indemnify Licensee, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out of or in connection with the use of the Licensed Premises, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for the use of the Licensed Premises. This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the use of the Licensed Premises shall be deemed excess coverage and that Licensee’s insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self- insured retention, or a “deductible” or any other similar form of limitation on the required coverage. 467   13 24-15263 / 357005   23. AUTOMOBILE LIABILITY INSURANCE Licensee shall obtain and furnish to City an automotive liability insurance policy covering the use of the Licensed Premises by it hereunder. This policy shall provide coverage for Licensee’s automotive liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and a separate “Additional Insured Endorsement” page listing both the policy number and naming the “City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers” as additional insured on the endorsement. The above-mentioned insurance shall not contain a self-insured retention, “deductible” or any similar form of limitation on the required coverage except with the express written consent of City. 24. CERTIFICATE OF INSURANCE 24.1 Prior to any use of the Licensed Premises hereunder, Licensee 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: 24.1.1 provide the name and policy number of each carrier and policy; 24.1.2 state that the policy is currently in force; and 24.1.3 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 (10) days’ prior written notice in the event of cancellation for nonpayment of premium. 24.2 Licensee shall maintain the foregoing insurance coverage in force during the entire Term of this License, including any extensions of the Term as provided herein. 24.3 This requirement for carrying the foregoing insurance coverage shall not derogate from Licensee’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. Licensee shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 25. SIGNS, BANNERS, & MARKETING 25.1 Following review and approval by City, Licensee may erect, at its own cost and expense, its own signs and banners on the Licensed Premises. Licensee shall bear the cost of the installation, repair, maintenance and removal of its own signs and banners. 25.2 Pursuant to Section 13, Licensee shall offer a special event to benefit the Library in collaboration with City. The City shall designate various non-profit organizations to be entered into a lottery to be chosen as the beneficiary of the tickets referred to in Section 13. 25.3 City shall make available street banners and pennant locations throughout the City, when possible, at no additional cost to Licensee. 25.4 City shall assist Licensee with marketing on City social media pages, newsletters, and website. 468   14 24-15263 / 357005   26. COMPLIANCE WITH MEASURE C Licensee shall not use the Licensed Premises for any purpose that is prohibited by any law, statute, ordinance or governmental rule or regulation now in force, or that may be enacted or promulgated in the future. In no event shall Licensee build any permanent structure anywhere in Central Park or within the Event Premises. Only temporary structures that can be removed within one week, while leaving the subject property in the same condition it was in prior to the placement of the structure, may be erected or placed by Licensee in accordance with this Agreement within the Event Premises. 27. TERMINATION AND SUSPENSION City shall be entitled to immediately terminate this License Agreement in case of failure by Licensee to comply with the payment of the License Fee. In case of failure by Licensee to comply with any other terms or conditions of this License Agreement, City will first send notice to cure such default within thirty (30) days, except in case of emergency or for any default that cannot be reasonably be resolved within such delay, in which case it shall provide a reasonable delay to cure. In the event Licensee does not remedy such default or take arrangement with City to remedy same in a delay agreed by the parties for any default that cannot be reasonably remedied within (30) days, City shall be able to pursue all available remedies under law, including specific performance, but excluding extra-judicial termination. Licensee may terminate, without cause, within thirty (30) days after each year for year 2 and/or year 3. Licensee may not perform the event in any other Orange County location during year 2 or year 3. City may, without cause, terminate by providing thirty (30) days notice after the first year. Licensee to have the right to perform the event in any location, including Orange County. 27.1 Licensee shall be entitled to terminate this License Agreement upon the occurrence of any of the following events provided that the Licensee has timely applied for the required permits, licenses, authorizations, or consents for use of the Licensed Premises: 27.1.1 the failure by Licensee to obtain any of the required permits, licenses, authorizations or consents for the use of the Licensed Premises on conditions acceptable to Licensee, in which case this License Agreement may be terminated by Licensee upon simple notice, and each party shall be discharged from any liability or obligation towards the other. 27.1.2 the failure by the City to comply with or perform any term, condition or covenant and to cure such event within thirty (30) days after Licensee gives the City written notice of such default and opportunity to cure to City, in which case Licensee shall be able to pursue all available remedies under law. 27.2 Should Licensee not be able to present the Event on the Licensed Premises at any time during the Term for any reason at its discretion, Licensee will have the option to terminate this License Agreement upon thirty (30) day notice. Licensee shall return the Licensed 469   15 24-15263 / 357005   Premises to City pursuant to the terms of this License Agreement, and each party shall be discharged from any further liability or obligation towards the other. 28. FORCE MAJUERE In the event either Party is prevented from performing any of its obligations, under either this Agreement, by reason of any event outside of such Party’s control, including, without limitation, fire, weather, unsafe conditions, volcano, explosion, flood, landslide, epidemic, acts of nature, war, terrorism, or other hostilities, strike, civil commotion, domestic or foreign governmental acts, orders, any court order stopping or preventing the Event, or regulations (“Force Majeure Event”), then such obligations of such Party during the duration of such Force Majeure Event, and for a reasonable time thereafter, will be suspended. In the case of cancellation of the Event due to a Force Majeure Event, the Parties agree to negotiate a date to reschedule such Event if practicable. If such canceled Event cannot reasonably be rescheduled or relocated within the City, neither Party shall be deemed to be in breach of this Agreement solely because of such cancellation. Neither any such cancellation, rescheduling, or relocation, nor the inability to reschedule or relocate, will, by itself, cause this Agreement to terminate. 29. RESTORE LICENSED PREMISES END OF SEASON: At the end of the Seasonal timeframe for Event set up, production, and take-down, Licensee shall remove from the Licensed Premises all equipment, signs, structures, objects, and other personal property placed on the Licensed Premises and return the Licensed Premises to the City restored to the Premises natural state and condition. END OF TERM: At the end of the Term or upon earlier termination of this License Agreement, Licensee shall remove from the Licensed Premises all equipment, signs, and other personal property placed by it on the Licensed Premises and return the Licensed Premises to the City restored to the Premises natural state and condition. The Licensee may leave any pre-agreed materials used on the Licensed Premises or otherwise agreed to by City, which the Licensee shall be entitled to leave on the Licensed Premises at the end of the Term. On the last day of the Term (or as soon thereafter as is reasonably practical), a duly authorized representative of the City and of Licensee shall together inspect the Licensed Premises to evaluate the state of the Licensed Premises. If the City is satisfied with the return condition of the Licensed Premises, the City agrees to sign the release form attached hereto as Exhibit “B.” Licensee shall not be liable for any pre-existing condition; however, Licensee shall be liable for any damage occurring from the use of the Licensed Premises for the scope of the Event. Licensee shall return at the end of Term and/or end of Season the Licensed Premises in the condition in which it was received at the beginning of the Term; a restoration fee of $50,000 annually to be paid by Licensee to City for the restoration of turf, foliage and other landscape impacts. The Licensee will allow City to perform essential landscaping and maintenance on City trees, foliage, and water systems with reasonable written notice. 30. ASSIGNMENT This License is personal to Licensee, and Licensee shall have no right to assign its rights hereunder or to sublicense the Licensed Premises. 470   16 24-15263 / 357005   31. NOTICES All notices or demands to be given by either Party to the other shall be in writing and shall be deemed sufficiently given either when delivered in person or two (2) days after being sent by certified mail, return receipt requested, postage prepaid, via email, or by a national air courier company that provides signature verification of delivery to recipient, to the respective Parties at the addresses provided in this Section of this Agreement. The address to which any notice or demand may be given to either Party may be changed from time to time by written notice to the other. Notice Address: To City – addressed to each: To Licensee: City Manager, City Attorney & City Clerk __________________________ 2000 Main Street __________________________ Huntington Beach, CA 92648 __________________________ 32. APPLICABLE LAW. The existence, validity, and construction of this Agreement shall be determined in accordance with the laws of the state of California without reference to its conflicts of laws or principles; provided, that (i) any provision which may be held invalid shall be ineffective only to the extent of such invalidity and shall not invalidate any of the remaining provisions, (ii) this License Agreement shall not be construed as creating either a Licenseeship, an agency or an employment relationship between the Parties, and (iii) the failure of any Party to insist at any time upon the strict performance of any provision or to act upon any right or remedy available to such Party, whether under the License Agreement or as a matter of law, shall not be interpreted as a waiver or a relinquishment of any such right or remedy unless specifically expressed in writing, signed by such Party and neither the receipt, acceptance nor application of any payment shall, without more, constitute such a writing. 33. MUNICIPAL POWERS. Nothing contained in this Agreement shall be construed as a limitation upon the powers and authority of City as a chartered city of the State of California. 34. RIGHTS AND REMEDIES. The rights and remedies provided by this Agreement are given in addition to any other rights and remedies either Party may have by law, statute, ordinance or otherwise. All such rights and remedies are intended to be cumulative, and the use of any one right or remedy by either Party shall not preclude or waive its right to any or all other rights or remedies. 35. TIME IS OF THE ESSENCE. 471   17 24-15263 / 357005   Time is of the essence in the performance of each and every provision contained within this Agreement. 36. DEFAULT. Upon default by Licensee in performance of any of the terms and conditions required by this Agreement, City may give notice to Licensee and the reasons for the default. The written notice shall include the timeframe in which Licensee may cure the default. This timeframe is presumptively (thirty (30) business days, but may be extended, or reduced in case of emergency, if circumstances warrant, as determined by City acting reasonably. Circumstances warranting a reduced timeframe to cure include, but are not limited to, when a default involves either public safety or immediate waste or damage to City property. If Licensee does not cure the default by conclusion of noticed timeframe, then notwithstanding any provision of this Agreement to the contrary, City may terminate this Agreement, in whole or in part at City’s sole discretion, upon written notice to Licensee, without prejudice to any other remedy to which City may be entitled at law, in equity or under this Agreement. Any failure on the part of City to give notice of Licensee’s default shall not be deemed to result in a waiver of City’s legal rights or any rights arising out of any provision of this Agreement. 36.1 REMOVAL OF PROPERTY: In any event that Licensee leaves or allows any of its property to remain in any part of the Central Park area, including within the Event Premises, beyond the license permissions of this Agreement and without written consent of the City, the City shall be entitled to remove Licensee’s property with all costs of such removal to Licensee. Reimbursement of such costs to City by Licensee shall occur within thirty (30) days of City notification to Licensee. 37. NO ORAL OR IMPLIED WAIVERS OR MODIFICATIONS. If either Party fails to enforce any of the provisions of this Agreement or any rights hereunder or fails to exercise any election provided in this Agreement, it will not be considered to be a waiver of those provisions, rights or elections or in any way affect the validity of this Agreement. The failure of either Party to exercise any of these provisions, rights or elections will not preclude or prejudice such Party from later enforcing or exercising the same or any other provisions, rights or elections which it may have under this Agreement. No waiver will be of any force or effect unless set forth in a writing signed by the Party whose right is being waived. Subject to the immediately preceding sentence, no modifications to this Agreement will be binding upon the Parties unless modified, amended, cancelled, renewed, or extended in a writing signed by both Parties. 38. ENTIRE AGREEMENT. This Agreement (including all exhibits hereto) sets forth the entire agreement and understanding of the Parties relating to the subject matter hereof, and, with respect to such subject matter, supersedes and replaces all prior agreements, arrangements and understandings, written or oral, between the Parties. Except as may be expressly set forth herein, there are no promises, conditions, representations, understanding, interpretations or terms of any kind as conditions or inducement to the execution hereof or in effect between the Parties. 39. INTERPRETATION. 472   18 24-15263 / 357005   The section headings included in this Agreement are for convenience of reference only and will not affect or be utilized in construing or interpreting this Agreement. If any term, clause or provision hereof is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, such invalidity will not affect the validity or operation of any other term, clause or provision and such invalid term, clause, or provision will be deemed to be severed from this Agreement. Neither this Agreement nor any provision herein will be construed in favor or against either Party based on which Party drafted this Agreement or such provision. 40. NON-LIABILITY OF CITY OFFICERS AND EMPLOYEES. No officer or employee of City shall be personally liable to Licensee, or any successor in interest, in the event of any default or breach by City or for any amount which may become due to Licensee or to its successor, or for breach of any obligation of the terms of this Agreement. 41. MISCELLANEOUS 41.1 Authority: City represents and warrants that (i) it has the right, power and authority to enter into and execute the present Agreement without additional formality, and (ii) it is not party to any agreement which prohibits the City from entering into this Agreement. Licensee represents that it has the necessary rights, power and authority to enter into and execute the present Agreement. 41.2 Waiver: No waiver, whether written or tacit, of any remedy or provisions of the present Agreement shall be deemed to constitute a waiver of any other provision hereof or a permanent waiver of the provision concerned, unless otherwise stated in writing by the party to be bound thereby. 41.3 Relationship: The Parties are acting herein solely as independent contractors. Nothing herein contained will create or be construed as creating a Licenseeship, joint venture, or agency relationship between the Parties. Each Party acknowledges and agrees that it neither has nor will give the appearance or impression of having any legal authority to bind or commit the other Party in any way. Each Party will be solely responsible for all wages, income taxes, worker’s compensation, and any other requirements for all personnel it supplies in connection with this Agreement. 41.4 Intellectual Property: It is understood that all commercial, intellectual property or other rights related to the Event or any of Licensee’s operations and projects shall belong to Licensee exclusively. Nothing in this Agreement or during its application shall be construed as providing to City any commercial, intellectual property or other rights related to the Event or any of Licensee’s operations and projects. For greater certainty and without limitation, all intellectual property rights of any nature related to the Event or any of Licensee’s operations and projects or any idea or concept discussed or shared in connection therewith between the parties shall belong to Licensee exclusively. 41.5 Accessory Agreement and Documents: Each of the parties shall, at the request of the other, execute all such agreements, instruments and documents as shall be reasonably necessary to give effect to the present Agreement or to facilitate its application and execution. Upon approval as to form by the City Attorney, City’s Director of Community and 473   19 24-15263 / 357005   Library Services is hereby authorized to execute such accessory agreements and documents on City’s behalf. 41.6 Counterparts: The present agreement may be executed in one or more counterparts, each of which shall be deemed an original, and such counterparts together shall constitute one and the same instrument. This Agreement may be executed in several counterparts and all such executed counterparts shall constitute one (1) Agreement binding on all of the Parties in spite of the fact that all of the Parties have not signed the same counterpart. This Agreement may be delivered via facsimile transmission or in electronic "pdf" or similar format with the same force and effect as if originally executed copies of it were delivered to all Parties. 41.7 Reasonableness: The Parties shall at all times act prudently, fairly, equitably, reasonably, promptly and in good faith in dealing with one another under this Agreement and shall not unreasonably withhold or delay any consents, approvals, authorizations, exercises of discretion, exercises of judgment or the like provided in this Agreement. 41.8 Headings and Gender: The section headings are for convenience only and shall have no legal significance. The masculine, feminine or neuter gender, and the singular or plural number shall be deemed to include the others whenever the context so indicates or requires. The term “including” shall be deemed to mean “including, but not by way of limitation. 41.9 Cumulative Remedies: The various rights, options, elections, powers and remedies contained in this Agreement shall be construed as cumulative, and no one of them shall be exclusive of any of the others or of any other legal or equitable remedy which either Party might otherwise have in the event of a breach or default in the terms of this Agreement. The exercise of one right or remedy by such Party shall not impair its right to any other right or remedy until all obligations imposed on the other Party have been fully performed. 41.10 Attorneys' Fees: In the event of litigation or other proceeding brought to enforce this License Agreement, each party shall bear its own attorneys’ fees and costs. The prevailing party will not be entitled to recover its attorneys' fees, costs, and expenses in connection with such litigation or other proceeding from the other party. REST OF PAGE NOT USED 474   20 24-15263 / 357005   IN WITNESS WHEREOF, the Parties have executed this License Agreement by and through their authorized officers on ______________, 2024. LICENSEE: CITY: By: _______________________________ _____________________________ Print name: Mayor Its: ATTEST: By: _______________________________ Print name: _____________________________ Its: City Clerk APPROVED AS TO FORM: _____________________________ City Attorney INITIATED AND APPROVED: ______________________________ Director of Community and Library Services REVIEWED AND APPROVED: ______________________________ Interim City Manager 475   21 24-15263 / 357005   EXHIBIT “A” SITE PLAN OF LICENSED PREMISES 476   22 24-15263 / 357005   EXHIBIT “B” FORM OF RELEASE I, the undersigned, a duly authorized representative of City, acknowledge having inspected the site for which a License Agreement was issued (the "Licensed Premises") by City for the benefit of Licensee, and declare that the Licensed Premises has been returned to the City in a satisfactorily condition in accordance with the terms and conditions of the Agreement. Therefore, the City hereby waives all claims it may have against Licensee in respect to the return condition of the Licensed Premises. By:_________________________________ Print name: Title: Date: _______________   477 Final ADDENDUM TO THE FINAL MASTER ENVIRONMENTAL IMPACT REPORT FOR MASTER PLAN OF RECREATION USES FOR CENTRAL PARK, CITY OF HUNTINGTON BEACH, CALIFORNIA – SYMPHONY OF THE FLOWERS PROJECT State Clearinghouse #97091007 Prepared for December 2024 City of Huntington Beach 478 r ESA ~ 479 Final ADDENDUM TO THE FINAL MASTER ENVIRONMENTAL IMPACT REPORT FOR MASTER PLAN OF RECREATION USES FOR CENTRAL PARK, CITY OF HUNTINGTON BEACH, CALIFORNIA – SYMPHONY OF THE FLOWERS PROJECT State Clearinghouse #97091007 Prepared for December 2024 City of Huntington Beach Community Development Department 2000 Main Street, Huntington Beach, CA 92648 420 Exchange Suite 260 Irvine, CA 92602 949.753.7001 esassoc.com Atlanta Bend Irvine Los Angeles Mobile Oakland Orlando Palm Beach County Pasadena Pensacola Petaluma Portland Rancho Cucamonga Sacramento San Diego San Francisco San Jose Santa Barbara Sarasota Seattle Tampa Thousand Oaks 480 OUR COMMITMENT TO SUSTAINABILITY | ESA helps a variety of public and private sector clients plan and prepare for climate change and emerging regulations that limit GHG emissions. ESA is a registered assessor with the California Climate Action Registry, a Climate Leader, and founding reporter for the Climate Registry. ESA is also a corporate member of the U.S. Green Building Council and the Business Council on Climate Change (BC3). Internally, ESA has adopted a Sustainability Vision and Policy Statement and a plan to reduce waste and energy within our operations. This document was produced using recycled paper. 481 Symphony of the Flowers Project i ESA / D202300046 Addendum to FMEIR December 2024 TABLE OF CONTENTS Addendum to the Final Master Environmental Impact Report for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California – Symphony of the Flowers Project Page Introduction .......................................................................................................................................... 1 CEQA Authority for an EIR Addendum ........................................................................................ 1 Project Description .............................................................................................................................. 3 Project Location ............................................................................................................................ 3 Existing Site Conditions and Surrounding Land Uses .................................................................. 3 Land Use and Zoning Designations ............................................................................................. 3 Project Objectives and Community Benefits ................................................................................ 3 Project Characteristics .................................................................................................................. 6 Evaluation of Environmental Impacts.............................................................................................. 14 Effects Found Not to be Significant ............................................................................................ 14 CEQA Topics Evaluated in Detail ............................................................................................... 20 Conclusions Regarding Addendum as an Appropriate Mechanism ............................................ 38 List of Preparers ................................................................................................................................. 39 References Cited ................................................................................................................................ 40 482 Contents Symphony of the Flowers Project ii ESA / D202300046 Addendum to FMEIR December 2024 Figures Figure 1 Regional Map ...................................................................................................................... 4 Figure 2 Existing Site Vicinity Map .................................................................................................... 5 Figure 3 Site Plan .............................................................................................................................. 7 Figure 4 Water Basin ......................................................................................................................... 8 Figure 5a Speaker Location .............................................................................................................. 10 Figure 5b Bleacher Sound Dispersion ............................................................................................... 11 Figure 6 Site Evacuation Plan ......................................................................................................... 13 Figure 7 Natural Communities and Land Cover Types ................................................................... 24 Figure 8 Symphony of Flowers Noise Model .................................................................................. 34 Figure 9 Ambient Noise Monitoring ................................................................................................. 35 Appendices A.Ambient Noise Measurement Data B.Transportation Assessment 483 Symphony of the Flowers Project iii ESA / D202300046 Addendum to FMEIR December 2024 Acronyms and Other Abbreviations Abbreviation Definition AB 52 Assembly Bill 52 ADA Americans with Disabilities Act AQMP Air Quality Management Plan BCER Bolsa Chica Ecological Reserve BSA Biological Study Area CAAQS California Ambient Air Quality Standards CDFW California Department of Fish and Wildlife CEQA California Environmental Quality Act City City of Huntington Beach CNDDB California Natural Diversity Database CNPS California Native Plant Society CO carbon monoxide County Orange County dB decibels dBA A-weighted decibel DOC California Department of Conservation ESA Environmental Science Associates FMEIR Final Master Environmental Impact Report GHG greenhouse gas HBFD Huntington Beach Fire Department HBPD Huntington Beach Police Department HCP Habitat Conservation Plan IPaC Information for Planning and Consultation kwh kilowatt-hour LED light-emitting diode Leq Equivalent Continuous Sound Pressure Level Master Plan Master Plan of Recreation Uses for Hunting Central Park MBTA Migratory Bird Treaty Act MRZ Mineral Resource Zone NAAQS National Ambient Air Quality Standards NCCP Natural Community Conservation Plan 484 Acronyms and Other Abbreviations Symphony of the Flowers Project iv ESA / D202300046 Addendum to FMEIR December 2024 Abbreviation Definition NOx nitrogen oxides NPDES National Pollutant Discharge Elimination System NRCS Natural Resource Conservation Service NWI National Wetland Inventory OCTA Orange County Transportation Authority OS-P Open Space-Park OS-PR Open Space-Parks and Recreation Subdistrict Pacific Coast Highway State Route 1 Park Central Park East PM10 respirable particulate matter PM2.5 fine particulate matter Project Symphony of Flowers RWQCB Regional Water Quality Control Board SCAB South Coast Air Basin SCAQMD South Coast Air Quality Management District Show Symphony of Flowers SOx sulfur oxides SWPPP Storm Water Pollution Prevention Plan USFWS U.S. Fish and Wildlife Service USGS U.S. Geological Survey VMT vehicle miles traveled VOC volatile organic compounds WQMP Water Quality Management Plan 485 Symphony of the Flowers Project 1 ESA / D202300046 Addendum to FMEIR December 2024 ADDENDUM TO THE FINAL MASTER ENVIRONMENTAL IMPACT REPORT FOR MASTER PLAN OF RECREATION USES FOR CENTRAL PARK, CITY OF HUNTINGTON BEACH, CALIFORNIA – SYMPHONY OF THE FLOWERS PROJECT Addendum EIR Introduction This document is an Addendum to the Final Master Environmental Impact Report (FMEIR) for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California (Certified 1999 FMEIR 1999) (State Clearinghouse No. 97091007). In accordance with the California Environmental Quality Act (CEQA) (Public Resources Code § 21000 et seq.) and the CEQA Guidelines (14 California Code of Regulations § 15000 et seq.), this Addendum to the EIR analyzes the Symphony of Flowers (or Project or Show) (defined below) and demonstrates the Symphony of the Flowers does not meet the standards for a Supplemental or Subsequent EIR pursuant to Public Resources Code Section 21166 or CEQA Guidelines Sections 15162 and 15163. Although the Symphony of the Flowers wasn’t originally contemplated in the Certified 1999 FMEIR, the Project instead qualifies for use of an Addendum pursuant to CEQA Guidelines Section 15164 as the Project would not result in any new significant impacts, nor would it substantially increase the severity of previously identified significant impacts or introduce new mitigation measures. CEQA Authority for an EIR Addendum CEQA and the CEQA Guidelines establish the type of environmental documentation that is required when changes to a project occur after an EIR is certified. Section 15164(a) states that: The lead agency or responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred. According to CEQA Guidelines Section 15162, once an EIR has been certified, no subsequent or supplemental EIR shall be prepared for a project unless the lead agency determines that one or more of the following occurs: 486 Introduction Symphony of the Flowers Project 2 ESA / D202300046 Addendum FMEIR December 2024 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken, which will require major revisions of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete or the negative declaration was adopted, shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration; b. Significant effects previously examined will be substantially more severe than shown in the previous EIR; c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative; or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment but the project proponents decline to adopt the mitigation measure or alternative. Likewise, California Public Resources Code Section 21166 states that unless one or more of the following events occur, no Supplemental or Subsequent EIR shall be required by the lead agency or by any responsible agency: (a) Substantial changes are proposed in the project which will require major revisions of the environmental impact report; (b) Substantial changes occur with respect to the circumstances under which the project is being undertaken which will require major revisions in the environmental impact report; or (c) New information, which was not known and could not have been known at the time the environmental impact report was certified as complete, becomes available. As demonstrated by the analysis in this document, the Symphony of Flowers would not result in any new significant impacts, nor would it substantially increase the severity of previously identified significant impacts. Rather, all of the impacts associated with the Symphony of Flowers are within the envelope of impacts addressed in the Certified 1999 FMEIR and do not constitute new or substantially increased significant impacts. Therefore, the Symphony of Flowers does not meet the criteria for a Supplemental or Subsequent EIR pursuant to Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163. 487 Project Description Symphony of the Flowers Project 3 ESA / D202300046 Addendum FMEIR December 2024 Project Description Project Location Regionally, the Symphony of Flowers is located in the City of Huntington Beach (City), which is in coastal Orange County (County) in Southern California; refer to Figure 1, Regional Map. Locally, the Project is located within the Huntington Central Park, which is the largest City-owned park in the County with approximately 350 acres of land. Huntington Central Park is comprised of open grass fields, paved pathways for walking and biking, exercise stations, dirt trails meandering to open fields and nature areas, two lakes, playgrounds and picnic areas. Huntington Central Park is comprised of both Central Park West and Central Park East. Central Park West includes the Shipley Nature Center, Huntington Central Park Equestrian Center, Lake Huntington, Huntington Dog Park, Huntington Beach Disc Golf Course, the Senior Center, and Kathy May’s Lakeview Café. Central Park East includes the Huntington Beach Central Library, Children’s Library, Library Theater, Central Park Amphitheater, Central Park Bandstand, Huntington Beach Central Park Sports Complex, Adventure Playground, Talbert Lake, Secret Garden, Butterfly Garden, and Park Bench Café. Specifically, the Project is located within the northeastern portion of Central Park East (Project Site or Park), located at 18002 Goldenwest Drive, Huntington Beach, CA; refer to Figure 2, Existing Site Vicinity Map. Existing Site Conditions and Surrounding Land Uses The Project Site primarily consists of a grass surface, trees, and paved pathways. Land uses surrounding the Project Site comprise of the City’s Park, Tree, and Landscape Maintenance Division office and facilities immediately adjacent to the north; additional park space, parking, Gothard Street, and commercial uses to the east; additional park space, the Central Park Amphitheater, Adventure Playground, and industrial uses to the south; and additional park space, Talbert Lake, Goldenwest Street, and residential uses to the west. Land Use and Zoning Designations According to the City’s General Plan Land Use Plan, the Project Site is located within the Open Space-Park (OS-P) land use designation. The Park designation provides for public parks and recreational facilities and supporting ancillary uses (i.e., maintenance equipment storage). According to the City’s Zoning Map, the Project Site is located within the Open Space-Parks and Recreation Subdistrict (OS-PR). This district provides areas for public or private use and areas for preservation and enhancement. Project Objectives and Community Benefits • Create temporary local jobs up to approximately 50 employees for Project operations and up to approximately 20 to 50 employees for Show set up and Show breakdown and generate additional positive economic impacts for the City as a result of spending by visiting Show attendees. • Provide a family-oriented safe, fun, and entertaining experience for all communities and age groups. • Create a show that integrates the park setting and is sensitive to the existing plant and wildlife resources within and adjacent to the Project Site. • Provide community outreach by working with local charitable organizations to arrange for opportunities for disadvantaged groups and/or families to attend and experience the Show. 488 Pa t h : U : \ G I S \ G I S \ P r o j e c t s \ 2 0 2 3 x x x \ D 2 0 2 3 0 0 0 4 6 _ 0 2 _ H u n t i n g t o n _ B e a c h_ S y m p h o n y _ o f _ F l o w e r s \ 0 3 _ P r o j e c t \ B i o . a p r x F i g 1 - R e g i o n a l L o c a t i o n , M C S c o t t 1 1 / 2 7 / 2 0 2 4 SOURCE: Esri, 2023; ESA, 2024 Huntington Beach Symphony of Flowers Figure 1 Regional Map N 0 5 Miles Project Site Los Angeles San Francisco Project Site 489 South Gate Lynwood llowbrook East Rancho Dominguez Bellflower hi Santa Fe Springs ( <106 f!t"t -l'o- South Whittier Norwalk r-- Cerritos _J I I 1- ,- n t e ,... _______ J ___ _ I I I I I I I La Habra Fullerton Lakewood 1° Buena Park r ~~===--=-=-.--I 1L:'a Palma ,.,, Signal Hill Long Beach 0 I r I " Ba ll Rd / Los· 'A lamitos I I I I ' I ) Nava l Weapons ,.. ,.. Station Sea l ,.. Beach Sunset Beach rr Huntington Beach Garden Grove Newport Beach 0 ::, A) Q. Laguna Beac Pa t h : U : \ G I S \ G I S \ P r o j e c t s \ 2 0 2 3 x x x \ D 2 0 2 3 0 0 0 4 6 _ 0 2 _ H u n t i n g t o n _ B e a c h_ S y m p h o n y _ o f _ F l o w e r s \ 0 3 _ P r o j e c t \ B i o . a p r x F i g 2 - V i c i n i t y , M C S c o t t 1 2 / 2 / 2 0 2 4 SOURCE: Esri, 2023; ESA, 2024 Huntington Beach Symphony of Flowers Figure 2 Existing Site Vicinity Map N 0 250 Feet Project Site Talbert Lake Adventure Playground Secret Garden Huntington Beach Central Library Huntington Beach Central Library Theater Park Bench Cafe Central Park Amphitheater Huntington Central Park East Slater Ave G o t h a r d S t G o l d e n w e s t S t Talbert Ave M a t z l e r L n 490 Project Description Symphony of the Flowers Project 6 ESA / D202300046 Addendum FMEIR December 2024 • Continue to provide a gathering place where locals and visitors can come together to enjoy a temporary multi-media light show choregraphed to symphony music. • Provide increased visibility and visitor use for a portion of Central Park East during off peak hours (after dusk). • Support and enhance the arts in the City of Huntington Beach by offering a world class arts presentation. Project Characteristics The Symphony of the Flowers includes a temporary multi-media show comprised of over 100,000 luminous flowers including roses, tulips, and lilies and over 500,000 light-emitting diode (LED) lights choregraphed to symphony music viewed from temporary bleachers. Following the Show, an optional self-guided interactive walking tour through designated pathways along the field of flowers is provided allowing visitors to engage with attractions and art installations within the Project Site; refer to Figure 3, Site Plan. Temporary structures and features of the Project include bleachers, a box-office, concessions (including beverages, light snacks, and merchandise [i.e., no meals or table service]), show controls, restrooms, pathways, lighting and sound equipment, luminous flowers, and a water fountain/basin. The aluminum bleachers are installed above ground and can accommodate up to 2,062 spectators within an area of approximately 20,000 square feet. The concessions and show controls consist in sea containers of 40’x 8.5’ while the box-office is 20’x8.5’. The temporary structures would be installed by two telehandler lifts. The Project Site provides a VIP terrace gathering area for all ticket holders to temporarily enjoy their concessions prior to taking their seats within the bleacher area. The pathways are composed of removable interlocking tiles which are deposited above ground over geotextile. Once the pathways are installed, the walkways have an approximate width of 8’ across. The luminous flowers contained in the field of flowers portion of the Project Site consist of energy efficient LED programmable multimedia pieces which are manually planted into the ground a few inches in depth. The field of flowers includes a lantern flower garden area comprised of large “human height” flowers, and a multimedia tunnel of lights spanning over 100 feet. The field of flowers represents the largest portion of the Project Site, approximately 200,000 square feet. Centrally located within the field of flowers is a water fountain installed above ground within a water basin; refer to Figure 4, Water Basin. The water basin is approximately 180 feet in length and approximately 50 feet in width. Lights are projected onto the water fountain with a projection screen. Concrete blocks would be installed above ground to create the water basin. The Project Applicant would use recirculation pumps to prevent stagnant water and create the water screen effect. The water basin would be treated, as necessary, with natural algaecide safe for wildlife and subject to any recommendations and requirements of the City. The Project would not include any mechanical construction excavation, grading, or trenching activities and also would not remove, trim, or otherwise disturb any existing trees or habitat. 491 Huntington Beach Symphony of Flowers Figure 3 Site Plan SOURCE: Becerra Strategies/Symphony of the Flowers, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m 0120 FeetN 492 LEGEND C:J FOOTPATH IXISTIHPATH TECHNICA1 ROOM Yll'TUIIACE + Fa■ ■LEACHER ZOA SEATS his Ian is sub·ect to chan e based on Produce.-t,..ioccnc.sa.,_n.,.dc.A"'rt"'is.,t,.ic..,n.,,.ee..,,d"-s~. ---------------------------------------------~----------------.J 0 r ESA ~ Huntington Beach Symphony of Flowers Figure 4 Water Basin SOURCE: Becerra Strategies/Symphony of the Flowers, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m TO PREVENT GROUND DISTURBANCE, CONCRETE BLOCKS (2.5'X2.5'X6') OR 12' CONCRETE JERSEY BARRIERS WILL BE INSTALLED AROUND THE BASIN TO CONTAIN THE WATER 493 r ESA ~ I } f I I SIDE VIEW CONCRETE BLOCKS Project Description Symphony of the Flowers Project 9 ESA / D202300046 Addendum FMEIR December 2024 Lighting The Project would use the existing lighting at Central Park East but would provide additional lighting throughout the Project Site comprised of artificial flowers which would be illuminated using LED lights within the internal structures, pathway lighting, lights to be projected onto the water fountain with a projection screen, lighting associated with the bleachers for seating, lighting for the concession stand and VIP terrace gathering area, and overnight security lighting. All Project lighting would be angled away from sensitive habitat areas, including riparian habitats (i.e., arroyo willow thickets, cattail marsh, Goodding’s willow-red willow riparian woodland, and ornamental vegetation within the wetlands) potentially used by special-status riparian bird species (least Bell’s vireo, tricolored blackbird, yellow-breasted chat, and yellow warbler) for nesting, and eucalyptus grove potentially used by overwintering monarch butterflies for roosting (Project Feature Biological Resources-1). Sound All Project speakers installed would be directed away from sensitive receptors, including the riparian habitat and eucalyptus groves (Project Feature Biological Resources-2). Approximately 12 speakers (6 stacks of 2 speakers) would be installed approximately 26 feet in front of the temporary bleachers. These speakers would include a speaker horizontal dispersion angle of 75 degrees and a speaker vertical dispersion angle of 15 degrees. Throughout the field of flowers, 64 speakers would be dispersed at approximately 25 feet from the pathways and spaced at approximately 50 feet apart. The speakers within the field of flowers would have a speaker dispersion angle of approximately 90 degrees. The speakers would project low-bass symphony music throughout the Project Site. Please refer to Figure 5a, Speaker Location and Figure 5b, Bleacher Sound Dispersion for the locations and sound dispersions of the speakers. Voluntary Project Features Related to Biological Resources Protection There are several voluntary project features the Project Applicant has proposed to protect biological resources. In addition to Project Feature Biological Resources-1 (related to lighting) and Project Feature Biological Resources-2 (related to sound), a qualified biologist will conduct nesting bird surveys within seven days prior to the start of the avian nesting season (generally defined as January 15 through September 15) (Project Feature Biological Resources-3). Further, pre-activity surveys for overwintering monarchs will be conducted prior to the start of the Project during overwintering season (October-February) within suitable eucalyptus grove habitat (Project Feature Biological Resources-4). Each of these project features are further discussed and described in the Biological Resources section of this Addendum. Hours of Operation and Schedule Operation of the Symphony of Flowers would maintain a flexible schedule to accommodate ticket demand and attendance, weather (i.e., no shows to occur on rainy days), and parking availability. The Show is planned to operate during evening hours (i.e., total darkness is required) from dusk to 11:00 P.M. during seasons of peak demand with up to 4 shows per evening. During times of lower demand, the Show is planned to operate from dusk to 9:00 P.M. or 10:00 P.M. with 2 to 3 shows per day. The Project would typically occur from Thursday through Sunday with up to 20 days of operation per month based on ticket sales for approximately 6 months. Shows have a duration of approximately 30 minutes while viewing from the temporary bleachers followed by approximately 30 minutes for the optional self-guided interactive walking tour through the field of flowers for a total expected visit time of approximately an hour. Visitors are expected to arrive approximately 15 to 30 minutes prior to the start of the Show and to depart within 15 to 60 minutes after the end of the Show depending on time spent on the walking tour. 494 Huntington Beach Symphony of Flowers Figure 5a Speaker Location SOURCE: Becerra Strategies/Symphony of the Flowers, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m 0120 FeetN FOOTPATH 8’ TEMPORARY FENCE SECTIONAL TABLE + CHAIR LEGEND PATH SPEAKERS SPEAKER HORIZONTAL DISPERSION ANGLE: 90˚ BLEACHER SPEAKERS SPEAKER HORIZONTAL DISPERSION ANGLE: 75˚ 495 0 r ESA ~ Huntington Beach Symphony of Flowers Figure 5b Bleacher Sound Dispersion SOURCE: Becerra Strategies/Symphony of the Flowers, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m 496 r ESA ~ ONE STACK OF 2 SPEAKER FRONT OF THE BLEACHER SOUND DISPERSION SPEAKER 1 SOUND DISPERSION SPEAKER 2 Project Description Symphony of the Flowers Project 12 ESA / D202300046 Addendum FMEIR December 2024 Project Attendance The Symphony of Flowers is anticipated to attract an average of 900 visitors per show, approximately half of the maximum seating capacity. The Project Applicant anticipates the majority (approximately 70 percent) of visitors to originate from within a 30-mile radius of the City, with the remaining visitors (approximately 30 percent) to originate from beyond the 30-mile radius of the City. Given that the City frequently hosts a variety of special events and regularly draws regional tourists, it is likely that some visitors may attend the Show as part of other activities and events taking place within the City. In addition to the visitors of the Show, approximately 50 employees would be present each day of the Show for assistance with operations. Employees are anticipated to be onsite daily between the hours of 7:00 A.M. for Show preparation and up to midnight for Show conclusion. The Project Applicant is anticipated to hire employees locally. Access, Ingress/Egress, Parking Regional access to the Central Park East is provided by Interstate 405 (San Diego Freeway), State Route 1 (Pacific Coast Highway), and State Route 39 (Beach Boulevard). Local roadways providing access to Central Park East include Goldenwest Street, Gothard Street, Slater Avenue, Talbert Avenue, and Ellis Avenue. Huntington Beach Central Park East is surrounded by pedestrian facilities and Class II bicycle facilities that provide convenient access for park visitors. The Park is also served by Orange County Transportation Authority (OCTA) operated bus routes (i.e., Route 25, Route 76, and Route 29), which facilitate travel near the Project Site. During evenings of the Show, portions of the existing parking lots within Central Park East would be temporarily designated for Show parking to accommodate visitors arriving in private vehicles. To enhance accessibility and provide adequate circulation, the Project would allocate specific areas for rideshare, facilitating the use of rideshare services as an alternative mode of transportation. Further, visitors would have the option to arrive via public transit, bicycle, or on foot, supported by the existing pedestrian and bicycle infrastructure of Central Park East, which connects to surrounding streets and the internal park trail network. The Show set up and breakdown would require approximately 20 to 50 daily employees with an expected 20 to 35 vehicles which would be parked offsite. The offsite parking would be located at the existing surface parking of the Frontier Communications building located on Slater Avenue adjacent to the Gothard Street and Slater Avenue intersection. Loading and unloading of mid-size equipment and concessions would occur at the existing parking lot along Gothard Street. Event Security and Site Evacuation The Project Applicant would provide private security The private security company would coordinate crowd control, internal and overnight security, venue safety, and emergency evacuation in coordination with the Huntington Beach Police Department (HBPD) and Huntington Beach Fire Department (HBFD). Within the Project’s boundary, a site evacuation plan has been developed compliant with the City’s Municipal Code fire and safety requirements; refer to Figure 6, Site Evacuation Plan. Although the Project would be enclosed by temporary security fencing, evacuation routes and exits would be maintained at multiple openings which align with existing pedestrian trails. Designated gathering points outside of the Project’s immediate boundary would be maintained for evacuees and emergency personnel during emergencies. 497 Huntington Beach Symphony of Flowers Figure 6 Site Evacuation Plan SOURCE: Becerra Strategies/Symphony of the Flowers, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m 0120 FeetN FOOTPATH FLOWERS 8’ TEMPORARY FENCE SECTIONAL TABLE + CHAIR GATHERING POINT EMERGENCY VEHICLES ACCESS EMERGENCY EXIT LEGEND 498 r ESA ~ Evaluation of Environmental Impacts Symphony of the Flowers Project 14 ESA / D202300046 Addendum FMEIR December 2024 Show Set Up and Show Breakdown The Project requires up 4 to 6 weeks of set up and up to 4 weeks of breakdown. The Show set up would take place Monday through Saturday with weeks 1 through 3 occurring between 7:30 A.M. to 6:30 P.M., weeks 4 and 5 occurring between 7:30 A.M. and 10:30 P.M., and week 6 occurring between 7:30 A.M. and 2:00 A.M., with only show programming occurring with no noise involved. The Show breakdown would take place Monday through Saturday, from 7:30 A.M. to 6:30 P.M. Show set and breakdown operations would comprise of 20 to 50 daily employees. The flowers would be manually planted in the ground. The tip of the flower contains a spike ready to be planted. Manual electric battery drills would be applied when the soil is too solid to allow the spike to enter the ground. The pedestrian walkways and pond would be placed on the existing ground level. The Project would not include any mechanical construction excavation, grading, or trenching activities. The Project also would not remove, trim, or otherwise disturb any existing trees or habitat. Utilities The Project would use existing connections and facilities. For the proposed water basin and fountain, the Project Applicant would bring in water to fill the basin. Portable restrooms and Americans with Disabilities Act (ADA) bathrooms would be provided onsite. Each of the single portable restrooms would sit in a containment tray on top of plywood (or other suitable flooring) and would not be within 50 feet of an existing storm drain. Wastewater generated from the Project is hauled off by the Project Applicant’s vendors (i.e., portable bathrooms). Consistent with the City’s franchise agreement, the Project Applicant would contract and coordinate refuse needs with the City’s waste management provider, Republic Services. Republic Services would provide cardboard general waste and recycling bins with lids to be located at the Project Site including the reserved parking lot areas and would place dumpster bins in accordance with expected attendance. Dedicated food waste bins would be placed near the concessions. The Project Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into the dumpsters to then be removed by Republic Services following the conclusion of the Show each evening. The estimated power consumption for the Project is 700-800 kilowatt-hour (kwh) per day. The Project would not use generators. Review and Approvals This Addendum is provided in association with the City Council’s consideration of the Service Agreement for management and operation of the Symphony of Flowers. Evaluation of Environmental Impacts Effects Found Not to be Significant Following a review of the Certified 1999 FMEIR and the revised Project information, it was determined that only limited analysis was needed for the following resource areas: Agriculture and Forestry Resources, Air Quality, Cultural Resources, Energy, Geology and Soils, Greenhouse Gas Emissions, Hazards and Hazardous Materials, Hydrology and Water Quality, Land Use and Planning, Mineral Resources, Population and Housing, Public Services, Recreation, Tribal Cultural Resources, Utilities and Service Systems, and Wildfire. 499 Evaluation of Environmental Impacts Symphony of the Flowers Project 15 ESA / D202300046 Addendum FMEIR December 2024 Agriculture and Forestry Resources: The Project Site and surrounding areas do not contain agricultural uses or related operations and are not designated Prime Farmland, Unique Farmland, or Farmland of Statewide Importance as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program (California Department of Conservation [DOC], 2022). No portions of the Project Site or surrounding land uses are zoned for agricultural, and no nearby lands are enrolled under the Williamson Act. No forest land or land zoned for timberland is present within the Project Site or in the surrounding areas. The Project would not involve the conversion of farmland or forestland to other uses, either directly or indirectly. As such, no impact would occur, and no further analysis of this issue is required. Air Quality: The Project Site is located within the South Coast Air Basin (SCAB). Air quality planning for the SCAB is under the jurisdiction of the South Coast Air Quality Management District (SCAQMD). The SCAQMD’s 2022 Air Quality Management Plan (AQMP) provides the strategy and the underlying technical analysis for how the region would meet that National Ambient Air Quality Standards (NAAQS) by the required dates and continue progress to achieve the California Ambient Air Quality Standards (CAAQS). The Project is a temporary event and does not include residential or commercial development and would not generate a permanent increase in population or employment. Therefore, the Project would not conflict with growth projections in the AQMP. The Project would generate temporary emissions from the installation of the lighting and sound features, bleachers, and other support features. However, since the Project would not include any mechanical construction excavation, grading, or trenching activities and would not remove or trim any existing vegetation or disturb existing trees or habitat, heavy-duty construction equipment would not be used. Minor emissions would occur from workers commuting to the Project Site using automobiles and light-duty pick-up trucks. Operation of the Project would not include stationary sources of emissions. The Project lighting and sound features would be electric, and no fossil fuel combustion equipment would be used. Operation of the Project may result in an increase in vehicle trips and vehicle miles traveled as a result of the Project compared to the prior and existing conditions. Up to approximately 300 trips per day are anticipated from primarily passenger vehicles. Occasional supply trucks would visit the Project Site to deliver day-to-day goods such as concessions; however, only a few supply truck trips would be required on a daily or weekly basis. Vehicle trips would generate mobile source emissions of ozone precursors, volatile organic compounds (VOC) and nitrogen oxides (NOX), carbon monoxide (CO), sulfur oxides (SOX), respirable particulate matter (PM10), and fine particulate matter (PM2.5). However, emissions would be minimal given the low number of daily vehicle trips and emissions would be below SCAQMD thresholds of significance. As the Project would not include any substantial sources of on-site emissions, the Project would not expose sensitive receptors to substantial pollutant concentrations. No exceedances of CO have been recorded at monitoring stations in the SCAB in recent years and the SCAB is currently designated as a CO attainment area for both the CAAQS and NAAQS. The minimal number of vehicle trips would not cause or contribute to the formation of CO hotspots. Furthermore, the Project would not include any sources of substantial odors. Thus, the Project would result in less-than-significant impact to air quality. Cultural Resources: Any potential historical resources would not be impacted by the Project since only temporary event structures would be erected and removed following the end of the Project. In addition, the erection of the temporary event structures would be at or near-grade on the grass and no ground-disturbing activities would occur. The Project would not include any mechanical construction excavation, grading, or trenching activities that could cause a substantial adverse change in the significance of historical resources, archaeological resources, or human remains. As such, no impact would occur, and no further analysis of this issue is required. 500 Evaluation of Environmental Impacts Symphony of the Flowers Project 16 ESA / D202300046 Addendum FMEIR December 2024 Energy: The Project does not include new permanent development. Instead, the Project consists of temporary event structures, such as lighting and sound equipment and bleachers. The temporary event structures would require the use of small hand-held power tools (some of which may be battery or electric powered) and two telehandler lifts and would require temporary power demand. However, since the Project would not require the construction of any new facilities, there would be no potential for mechanical construction or construction-related ground disturbance resulting in wasteful, inefficient, or unnecessary consumption of energy resources. Operation of the Project would not result in substantial net new energy demand from on-site activities. The Show would include the use of amplified speakers and pathway lighting. However, energy demand would be periodic and only required for the portion of the evening in which the Show would occur. The Project would require temporary energy for general lighting, which would be used for security and wayfinding and turned off each night at the close of each Show night. The temporary energy demand for hand-tools, speakers, lighting, and fountain would be used to operate the Symphony of the Flower, which, would achieve City objectives for the community that would not render the energy demand as wasteful, inefficient, or unnecessary consumption of energy resources. Furthermore, the Project would use highly energy-efficient devices such as LEDs. Thus, the Project would not conflict with plans for energy efficiency or renewable energy. Operation of the Project may result in an increase in vehicle trips and vehicle miles traveled as a result of the proposed Shows compared to the prior and existing conditions. Up to approximately 300 trips per day are anticipated from primarily passenger vehicles. Occasional supply trucks would visit the Project Site to deliver day-to-day goods such as concessions; however, only a few supply truck trips would be required on a daily or weekly basis. However, the increase in vehicle trips and vehicle miles traveled and associated transportation fuel demand would be temporary and limited to the temporary Symphony of the Flowers. The Shows would be planned in such a manner to promote alternative transportation uses such as public transportation. The Project objectives include continuing to provide a family-oriented safe, fun, and entertaining experience; continuing to provide a gathering place where locals and visitors can come together to enjoy flowers, and music; and continuing to provide temporary jobs associated with the Project. Thus, while the Project would require energy and transportation fuels, the Project would achieve City objectives for the community that would not render the energy demand as wasteful, inefficient, or unnecessary consumption of energy resources. Energy impacts would be less than significant. Geology and Soils: The Project Site is located in the seismically active Southern California region and could be subject to moderate to strong ground shaking in the event of an earthquake on one of the many active Southern California faults. However, no currently known active surface faults traverse the Project Site and the Site is not located within a designated Alquist-Priolo Earthquake Fault Zone. The nearest active fault, the Newport-Inglewood Fault, is an active right-lateral fault system consisting of a series of fault segments located mostly parallel to the coastline; refer to Figure 4.5-2, Local Fault Locations, of the City’s General Plan EIR (Atkins, 2017). The Project proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Project. There would be no potential for mechanical construction, grading, or trenching activities that would discover liquefaction zones, encounter expansive soils, or create the potential for erosion to occur. The Project Site is located in a relatively flat and highly urbanized area of the City with no impacts related to landslides. According to Figure 4.5-3, Seismic Hazard Zones, the Project Site is located within an area of low liquefaction potential and is not located within an earthquake induced landslide zone (Atkins, 2017). Groundwater would not be extracted as part of the Project. No oil wells are located within the Project Site. According to Figure 501 Evaluation of Environmental Impacts Symphony of the Flowers Project 17 ESA / D202300046 Addendum FMEIR December 2024 4.5-5, Areas Prone to Subsidence, of the City’s General Plan EIR, portions of the Project Site and areas adjacent to the Site are located within an area prone to minimal subsidence (Atkins, 2017). The Project proposes temporary restrooms and does not propose the use of septic tanks or alternative wastewater disposal systems. Overall, a less-than-significant impact would occur, and no further analysis of this issue is required. Greenhouse Gas Emissions: The Project does not include new permanent development. Instead, the Project consists of temporary event structures, such as lighting and sound equipment and bleachers. The temporary event structures would require the use of small hand-held power tools (some of which may be battery or electric powered) and two telehandler lifts and would require temporary power demand. The Project would generate temporary greenhouse gas (GHG) emissions from the installation of the lighting and sound features, bleachers, and other support features. However, since the Project would not include any mechanical construction excavation, grading, or trenching activities and would not remove or trim any existing vegetation or disturb existing trees or habitat, heavy-duty construction equipment would not be used. Minor emissions would occur from workers commuting to the Project Site using automobiles and light-duty pick-up trucks. Operation of the Project would generate minor amounts of GHG emissions from stationary sources. The Project lighting and sound features would be electric, but no fossil fuel combustion equipment would be used. The Show would include the use of amplified speakers and pathway lighting. However, energy demand and associated GHG emissions would be periodic and only required for the portion of the evening in which the Show would occur. The Project would require temporary energy for general lighting, which would be used for security and wayfinding and turned off each night at the close of each Show night. Operation of the Project may result in an increase in vehicle trips and vehicle miles traveled as a result of the proposed Shows compared to the prior and existing conditions. Up to approximately 300 trips per day are anticipated from primarily passenger vehicles. Occasional supply trucks would visit the Project Site to deliver day-to-day goods such as concessions; however, only a few supply truck trips would be required on a daily or weekly basis. Vehicle trips would generate mobile source GHG emissions. However, emissions would be minimal given the low number of daily vehicle trips. The Project would use highly energy-efficient devices such as LEDs. The Project would also be planned in such a manner to promote alternative transportation uses such as public transportation. The Project objectives include continuing to provide a family-oriented safe, fun, and entertaining experience; continuing to provide a gathering place where locals and visitors can come together to enjoy flowers, and music; and continuing to provide temporary jobs associated with the Project. Thus, while the Project would generate GHG emissions from energy and transportation fuels, the Project would achieve City objectives for the community that would not result in GHG emissions that would have a significant impact on the environment nor conflict with plans, policies, or regulations for reducing GHG emissions. GHG emission impacts would be less than significant. Hazards and Hazardous Materials: Hazardous materials during the Project would be limited to use of small quantities of common commercial cleaning products that would be used in accordance with the manufacturer’s instructions for use, storage, and disposal of such products. Republic Services would provide cardboard general waste and recycling bins with lids to be located at the Project Site including the reserved parking lot areas and would place dumpster bins in accordance with expected attendance. Dedicated food waste bins would be placed near the concessions. The Project Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into 502 Evaluation of Environmental Impacts Symphony of the Flowers Project 18 ESA / D202300046 Addendum FMEIR December 2024 the dumpsters to then be removed by Republic Services following the conclusion of the Show each evening. The Project Site is not located on a site that is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5. According to the City’s General Plan EIR (Atkins, 2017), the Project Site is not located within an airport land use plan or within two miles of a public airport or public use airport. According to the Fire Hazard Severity Zones Map, the Project Site is not located in a wildfire area (CAL FIRE, 2022). As such, there is no potential of wildland fires. Overall, a less-than-significant impact would occur, and no further analysis of this issue is required. Hydrology and Water Quality: There would be no potential for mechanical construction, grading, or trenching activities and, thus, does not need to comply with the water quality requirements of the National Pollutant Discharge Elimination System (NPDES) for preparation of a Storm Water Pollution Prevention Plan (SWPPP) or a Water Quality Management Plan (WQMP). Trash receptacles and dumpsters would be located throughout the Project Site and are currently located within public areas of the Central Park East. The Project Applicant would coordinate refuse needs with the City’s waste management provider, Republic Services. The Project would not use groundwater supplies and is not located within a groundwater recharge area. The Project Site would temporarily increase impervious surfaces with the installation of the 8’ wide pathways, composed of removable interlocking tiles which are deposited above ground over geotextile. Once the pathways are installed, the walkways have an approximate width of 8’ across. However, these pathways are located within the existing flat grass area, therefore, won’t substantially alter the existing drainage pattern and won’t result in erosion or siltation. Further, where paved areas exist (e.g., parking lots and trails) within the Project Site, there is no potential of erosion or siltation and adequate storm drain systems currently exist. The Project would not create or contribute runoff water that would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff. According to Figure 4.8-2, Designated Floodplains within Planning, of the City’s General Plan EIR, the Project Site is not located within a floodzone (Atkins, 2017). The Project Site is not located within a tsunami zone. The temporary event structures of the Project would be required to be designed and located to not violate water quality standards or waste discharge requirements. Overall, a less-than- significant impact would occur, and no further analysis of this issue is required. Land Use and Planning: The Project is located within the Central Park East, a publicly accessible area and would continue to encourage pedestrian, bicycle, and vehicular access to the Park. The Project Site would not be accessible to the public for park use during the Show, including Show set up and Show breakdown; however, the Show is temporary, and the Project Site would return to pre-project conditions with full public accessibility at the conclusion of the Project. Further, the Project would not physically divide an established community. According to the City’s General Plan Land Use Plan, the Project Site is located within the OS-P Open Space-Park land use designation. The Park designation provides for public parks and recreational facilities and supporting ancillary uses (i.e., maintenance equipment storage). According to the City’s Zoning Map, the Project Site is located within the OS-PR Open Space-Parks and Recreation Subdistrict. This district provides areas for public or private use and areas for preservation and enhancement. The Project is consistent with the OS-P Open Space-Park land use designation and the OS-PR Open Space-Parks and Recreation Subdistrict zoning designation. The Project does not include any developments or permanent structures or inconsistent land uses. The Project does not involve changes in the existing land use for the 503 Evaluation of Environmental Impacts Symphony of the Flowers Project 19 ESA / D202300046 Addendum FMEIR December 2024 Project Site or the surrounding area. As such, the Project would be consistent with the City’s General Plan and Zoning Map. As such, no impact would occur, and no further analysis of this issue is required. Mineral Resources: The Project proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Project. According to Figure ERC-5, Mineral Resource Zones (MRZ), of the City’s General Plan, the Project Site is located within a mineral land classification MRZ-2, which identifies that adequate information is available to indicate significant construction aggregate deposits are present. Any potential mineral resources would not be impacted by the Project since only temporary event structures would be erected and removed following the end of the Project. The luminous flowers would be manually planted into the ground a few inches below- grade. There would not be excavation to depths that would impact mineral resources. No onsite oil drilling or oil extraction occurs within the Project Site or within the nearby vicinity. As such, the Project would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state. Further, the Project would not result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan. As such, no impact would occur, and no further analysis of this issue is required. Population and Housing: The Project proposes no new residential uses or permanent businesses and does not include the extension of roads or infrastructure. The Project consists of temporary event structures, all of which would be removed following the end of the Project. The Project is intended to accommodate existing residents and visitors to the area and would not induce substantial unplanned growth. The Project does not propose the removal of any existing structures or housing and therefore would not displace people or housing. As such, no impact would occur, and no further analysis of this issue is required. Public Services: In addition to existing fire protection and police protection provided by the HBPD and HBFD, the Project Applicant would also provide private security The private security company would coordinate crowd control, internal and overnight security, venue safety, and emergency evacuation in coordination with the HBPD. Within the Project’s boundary, a site evacuation plan has been developed compliant with the City’s Municipal Code fire and safety requirements. Although the Project would be enclosed by temporary security fencing, evacuation routes and exits would be maintained at multiple openings which align with existing pedestrian trails. Designated gathering points outside of the Project’s immediate boundary would be maintained for evacuees and emergency personnel during emergencies. Since the Symphony of Flowers is temporary and served by existing public emergency response personnel as well as private security provided by the Project Applicant, the Project would not interfere with the City’s regular public safety patrol operations and emergency response times. The Project would not increase population, and therefore, would have no impact to schools, parks, and other public facilities. A less-than- significant impact would occur, and no further analysis of this issue is required. Recreation: The Project would increase activity and users within a portion of Central Park East during off peak hours. The Project Site would not be accessible to the public for park use for the six-month duration of the Show, including Show set up (one month before the Show) and Show breakdown (one month after the Show); however, the Show is temporary, and the Project Site would return to pre-project conditions with full public accessibility at the conclusion of the Project. Further, since this activity would happen during off peak hours in the evenings, this activity would not impact most Central Park users who visit the Park during the day for various purposes, including, but not necessarily limited to, walking, running, and 504 Evaluation of Environmental Impacts Symphony of the Flowers Project 20 ESA / D202300046 Addendum FMEIR December 2024 birding. The Project Site would be cleaned after each public-use evening and would also be entirely restored following the end of the Project to pre-project conditions. As such, the Project would not result in a substantial or accelerated physical deterioration of the Park. Further, the recreational activities associated with the Project are temporary and would not require the construction or expansion of permanent recreational facilities that would have an adverse physical effect on the environment. As such, a less-than- significant impact would occur, and no further analysis is required. Tribal Cultural Resources: The Project proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Project. In addition, the erection of the temporary event structures would be at or near-grade on the grass. The luminous flowers would be manually planted into the ground a few inches in depth. There would not be mechanical construction excavation, grading, or trenching activities associated with the Project. Further, the Project is an addendum to the Certified 1999 FMEIR. Since the NOP for Certified 1999 FMEIR was filed before Assembly 52 (AB 52) came into effect on July 1, 2015, the current Project does not need to comply with AB 52. As such, a less-than-significant impact would occur, and no further analysis is required. Utilities and Service Systems: The Project would use existing connections and facilities for water, wastewater, stormwater, electrical, natural gas, and telecommunications. For the proposed water basin and fountain, the Project Applicant would bring in water to fill the basin. The estimated power consumption for the Project is 700-800 kilowatt-hour (kwh) per day. Portable restrooms and ADA bathrooms would be provided. Each of the single portable restrooms would sit in a containment tray on top of plywood (or other suitable flooring) and would not be within 50 feet of an existing storm drain. Wastewater generated from the Project is hauled off by the Project Applicant’s vendors (i.e., portable bathrooms). Republic Services would provide cardboard general waste and recycling bins with lids to be located at the Project Site including the reserved parking lot areas and would place dumpster bins in accordance with expected attendance. Dedicated food waste bins would be placed near the concessions. The Project Applicant would be responsible to replace all full trash can liners throughout the venue and to place the trash from the bins into the dumpsters to then be removed by Republic Services following the conclusion of the Show each evening. The Project would comply with federal, state, and local management and reduction statutes and regulations related to solid waste. Wildfire: The Project Site is not located in a very high fire hazard severity zone or designated as a State Responsibility Area nor is the Project Site near a State Responsibility Area (CAL FIRE, 2020). As such, no impact would occur in this regard. CEQA Topics Evaluated in Detail This Addendum focuses on the implementation of the Symphony of Flowers Project that would affect the following impact areas: aesthetics, biological resources, hazards and hazardous materials (emergency evacuation), noise, and transportation. These issue areas are evaluated in greater detail due to the potential effects resulting from implementation of the Symphony of the Flowers. 505 Evaluation of Environmental Impacts Symphony of the Flowers Project 21 ESA / D202300046 Addendum FMEIR December 2024 Aesthetics Would the Project: a) Have a substantial adverse effect on a scenic vista? No Impact. Scenic vistas consist of expansive, panoramic views of important, unique, or highly valued visual features that are seen from public viewing areas. This definition combines visual quality with information about view exposure to describe the level of interest or concern that viewers may have for the quality of a particular view or visual setting. A scenic vista can be impacted in two ways: a development project can have visual impacts by either directly diminishing the scenic quality of the vista or by blocking the view corridors or “vista” of the scenic resource. Important factors in determining whether a proposed project would block scenic vistas include the project’s proposed height, mass, and location relative to surrounding land uses and travel corridors. Scenic vistas within the City include views of the Pacific Ocean and associated beaches and the Bolsa Chica Ecological Reserve (BCER), which covers approximately 1,400 acres of wetland marshes containing wildlife (Atkins, 2017). The Symphony of the Flowers proposes no new permanent development; instead, the Project consists of temporary event structures and features such as bleachers, a box-office, concessions, show controls, restrooms, pathways, lighting and sound equipment, luminous flowers, and a water fountain/basin, all of which would be removed following the end of the Project. The Pacific Ocean and BCER are located approximately 2.5 miles south and southwest of the Project Site. As such, the Project would not block views. Therefore, no impact would occur. b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? No Impact. Scenic resources are natural or manmade features that are visually pleasing and contribute to the definition of a community or a region. Scenic resources can include such features as trees and landscaping, rock outcroppings and historic buildings. The most prominent scenic resources within the City are the Pacific Ocean and associated beaches. There are no state-designated scenic highways located within the City. However, Pacific Coast Highway is eligible for designation as a state scenic highway by California Department of Transportation (Caltrans). Further, Pacific Coast Highway is considered a major urban scenic corridor (Atkins, 2017). Specifically, the Project is located within the northeastern portion of Central Park East. The Project Site primarily consists of a grass surface, trees, and paved pathways. As such, the Project Site is not visible from an eligible state scenic highway, Pacific Coast Highway, the Pacific Ocean, or associated beaches. The Project Site does not contain any rock outcroppings or historical buildings. The Symphony of the Flowers proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Project. The Project would not include any mechanical construction excavation, grading, or trenching activities. Further, the Project would not remove or trim any existing vegetation or disturb existing trees. Therefore, views of Pacific Coast Highway, the Pacific Ocean, or associated beaches would not be substantially altered by the Project. As such, no impact would occur. 506 Evaluation of Environmental Impacts Symphony of the Flowers Project 22 ESA / D202300046 Addendum FMEIR December 2024 c) In non-urbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? (Public views are those that are experiences from publicly accessible vantage point). If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? No Impact. The Symphony of the Flowers is located in an urbanized area and proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Project. Therefore, the Project would not conflict with applicable zoning and other regulations governing scenic quality. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? Less Than Significant Impact. The Project Site and immediate vicinity exhibits considerable ambient nighttime illumination levels due to the densely developed nature of the surrounding areas including residential uses, commercial uses, industrial uses, park lighting, parking lot lighting, security lighting, and incidental landscape lighting. Automobile headlights, streetlights, and stoplights along the adjacent roadways contribute to the overall ambient lighting levels as well. Additionally, the Central Park East itself contains lighting throughout (e.g., pathway lighting along walkways, lighting associated with existing buildings and parking lots). The Symphony of Flowers proposes no new permanent development; instead, the Project consists of temporary event structures, all of which would be removed following the end of the Show. The Project would use the existing lighting at Central Park East but would provide additional lighting throughout the Project Site comprised of artificial flowers which would be illuminated using LED lights within the internal structures, pathway lighting, lights to be projected onto the water fountain with a projection screen, lighting associated with the bleachers for seating, lighting for the concession stand and VIP terrace gathering area, and overnight security lighting. All Project lighting, other than the water fountain lighting, would be angled away from sensitive receptors. The water fountain lighting would project upward but would not create light or glare beyond the boundary of the Park. The Show is planned to operate during evening hours (i.e., total darkness is required) from dusk to 11:00 P.M. during seasons of peak demand with up to 4 shows per evening. During times of lower demand, the Show is planned to operate from dusk to 9:00 P.M. or 10:00 P.M. with 2 to 3 shows per day. The Project would typically occur from Thursday through Sunday with up to 20 days of operation per month based on ticket sales for approximately 6 months. As a result, the Project would not create a new source of substantial light or glare, which would adversely affect daytime or nighttime views in the area. Biological Resources Methodology for Biological Resources Evaluation Biological conditions were evaluated by reviewing applicable regulations, policies, and standards; reviewing biological literature and querying available databases pertinent to the Project area and vicinity including the California Department of Fish and Wildlife’s (CDFW) California Natural Diversity Data Base (CNDDB) (CDFW 2024a), CDFW’s California Sensitive Natural Communities List (CDFW 2024b), California Native Plant Society’s (CNPS) Inventory of Rare and Endangered Vascular Plants of California 507 Evaluation of Environmental Impacts Symphony of the Flowers Project 23 ESA / D202300046 Addendum FMEIR December 2024 (CNPS 2024), Natural Resource Conservation Service’s (NRCS) Web Soil Survey (NRCS 2023), U.S. Fish and Wildlife Service’s (USFWS) Critical Habitat Portal (USFWS 2024a), USFWS’s Information for Planning and Consultation (IPaC) (USFWS 2024b), and USFWS’s National Wetland Inventory (NWI) (USFWS 2024b); and conducting a reconnaissance-level biological survey of the Project area. The reconnaissance-level biological resources survey was conducted by ESA biologists Amanda French and Florence Chan on October 25, 2024, within the 49.45-acre Biological Study Area (BSA), which includes the approximately 6.29-acre Project area and a 500-foot buffer area surrounding the Project area. The survey was performed by walking meandering transects throughout the BSA to document existing site conditions and assess the potential for sensitive and/or regulated biological resources, including special- status plant and wildlife species, sensitive plant communities, aquatic resources, and habitat for nesting birds. The following biological resource analysis relies on one mitigation measure from the Certified 1999 FMEIR to reduce impacts to a less-than-significant level, with clarifying, implementation language to address the specific components of the Symphony of Flowers project: Measure Biological Resources 1 for Threshold (a) – Directed surveys for least Bell’s vireo and southwestern willow flycatcher will be conducted prior to commencing any construction activities near disturbed riparian habitats. If the presence of either species is confirmed, construction and design plans will be modified to avoid impacts to these species. In addition, there are several project features, as described in the Project Description, that would ensure that potential impacts to biological resources would remain less than significant. These are identified as “Project Features” in this analysis to clearly articulate what elements of the Project Description (related to project installation and/or operation) would ensure that impacts would remain less than significant. As described in the Project Description, this analysis assumes that no grading activities would occur and no habitat would be removed. a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? Less Than Significant Impact with Existing Mitigation Incorporated. The Project is located within the northeastern portion of Central Park East, adjacent to public facilities and residential uses. The BSA contains 11 natural communities and land cover types that were identified during the reconnaissance survey, including arroyo willow thicket, cattail marsh, Fremont cottonwood woodland, Goodding’s willow-red willow riparian woodland, duckweed bloom, eucalyptus grove, Himalayan blackberry patch, ornamental, open water, developed, and disturbed. All natural communities and land cover types identified within the BSA are shown in Figure 7, Natural Communities and Land Cover Types. 508 Nim rod D r D u e l l o L n G o t h a r d S t Slate r Ave Lu c e r o L n F l o w e r L n S k y l i n e L n Sunbreeze Dr G o t h a r d S t Belva D r Pa t h : U : \ G I S \ G I S \ P r o j e c t s \ 2 0 2 3 x x x \ D 2 0 2 3 0 0 0 4 6 _ 0 2 _ H u n t i n g t o n _ B e a c h_ S y m p h o n y _ o f _ F l o w e r s \ 0 3 _ P r o j e c t \ B i o . a p r x F i g 7 - V e g e t a t i o n C o m m u n i t i e s , M C S c o t t 1 2 / 2 / 2 0 2 4 SOURCE: Esri, 2023; ESA, 2024 Huntington Beach Symphony of Flowers Figure 7 Vegetation Communities N 0 200 Feet Project Site Survey Area (500ft) Vegetation Community Arroyo Willow Thicket Cattail Marsh Developed Disturbed Duckweed Bloom Eucalyptus Grove Fremont Cottonwood Woodland Himalayan Blackberry Patch Open Water Ornamental <all other values> EPSG2230_Date20240826 RGB Red: Band_1 Green: Band_2 Blue: Band_3 509 ---. ----1111 1111 -1111 Evaluation of Environmental Impacts Symphony of the Flowers Project 25 ESA / D202300046 Addendum FMEIR December 2024 Special-Status Plants A review of the CNDDB (CDFW 2024a) and the CNPS Inventory of Rare and Endangered Plants (CNPS 2024) revealed that many special-status plant species have been recorded within the Seal Beach and Newport Beach U.S. Geological Survey (USGS) 7.5-minute quadrangles and six surrounding quadrangles (i.e., Anaheim, Laguna Beach, Long Beach, Los Alamitos, Orange, and Tustin). Three special-status plant species have at least a low potential to occur within the BSA: southern tarplant (Centromadia parryi ssp. australis), Coulter’s goldfields (Lasthenia glabrata ssp. coulteri), and Sanford’s arrowhead (Sagittaria sanfordii). Although moderately suitable habitat conditions are present within the riparian habitats (i.e., arroyo willow thickets, Fremont cottonwood woodland, and Goodding’s willow – red willow riparian woodland) located in the northern, western, and southern portions of the BSA, there is no suitable riparian habitat within the Project area to support these special-status species; therefore, these species are not expected to be present within the Project area. Thus, no impacts to special-status plants are expected as a result of the Project, and no mitigation measures would be required. Special-Status Wildlife A review of CNDDB (CDFW 2024a) revealed that 65 special-status wildlife species have been recorded within the Seal Beach and Newport Beach USGS 7.5-minute quadrangles and six surrounding quadrangles. Of those 65 special-status wildlife species, a total of 46 species do not have the potential to occur due to the lack of suitable habitat and are therefore omitted from further discussion in this report. A total of 14 of those 65 special-status wildlife species have a low potential to occur within the BSA due to limited and/or marginal suitable habitat and lack of connectivity to other natural areas due to surrounding development, including southwestern pond turtle (Actinemys pallida), Crotch’s bumble bee (Bombus crotchii), American bumble bee (Bombus pensylvanicus), western snowy plover (Charadrius nivosus nivosus), white-tailed kite (Elanus leucurus), southwestern willow flycatcher (Empidonax traillii extimus), western mastiff bat (Eumops perotis californicus), western yellow bat (Lasiurus xanthinus), silver-haired bat (Lasionycteris noctivagans), wandering skipper (Panoquina errans), Belding’s savannah sparrow (Passerculus sandwichensis beldingi), coastal California gnatcatcher (Polioptila californica californica), light-footed Ridgway's rail (Rallus obsoletus levipes), and California least tern (Sternula antillarum browni). Special-status wildlife species determined to have a low potential to occur in the BSA are not further evaluated in this Section. Based on the presence of suitable riparian habitat within the BSA (arroyo willow thickets, Fremont cottonwood woodland, and Goodding’s willow – red willow riparian woodland), there is moderate potential for three special-status wildlife species to forage and/or breed within the BSA: tricolored blackbird (Agelaius tricolor), yellow-breasted chat (Icteria virens), and least Bell's vireo (Vireo bellii pusillus). There is a high potential for two special-status species to occur within the Project area and BSA, including monarch - California overwintering population (Danaus plexippus plexippus pop. 1) and yellow warbler (Setophaga petechia). Riparian habitats provide suitable nesting habitat for these four avian species and eucalyptus groves provide suitable roosting habitat for monarchs. Specifically, suitable nesting habitat for least Bell’s vireo is present within the arroyo willow thickets located outside of the Project Site but within the BSA, approximately 100 feet southwest of the Project Site. The nearest known CNDDB occurrence is located approximately 4.3 miles southeast of the BSA within Fairview Park in Costa Mesa (CDFW 2024a). The citizen science platform, iNaturalist, mapped an 510 Evaluation of Environmental Impacts Symphony of the Flowers Project 26 ESA / D202300046 Addendum FMEIR December 2024 occurrence of least Bell’s vireo from 2024 along the Santa Ana River within Huntington Beach approximately 3.6 miles southeast of the BSA (iNaturalist 2024). The citizen science platform, eBird, mapped occurrences of least Bell’s vireo within the BSA (eBird 2024). eBird identifies multiple occurrences of least Bell’s vireo in June and July 2015 and one to two records of least Bell’s vireo in August 2017, March and April 2023, and September 2024. Due to the frequency of birding records for other species within Central Park East, the absence of least Bell’s vireo occurrences during peak spring breeding season (e.g., April and May) seems to suggest that least Bell’s vireo may have stopped over within the BSA in the past, but did not breed. For tricolored blackbird, yellow warbler, and yellow-breasted chat, in addition to suitable habitat being present within the arroyo willow thickets, suitable nesting habitat is present within all riparian habitats, including cattail marsh, Goodding’s willow-red willow riparian woodland, and ornamental vegetation within the wetlands. Eucalyptus groves present throughout the BSA provide suitable roosting habitat for overwintering monarch populations. In addition to two CNDDB occurrences from 2022 being present within the BSA, Xerces Society designates the eucalyptus groves within the eastern and southern portions of the BSA as western monarch overwintering sites (Xerces Society 2024). The eastern eucalyptus grove is located along the eastern edge of the Project area and the southern eucalyptus grove is located along the southwestern corner of the Project area. Monarch butterflies generally arrive at overwintering sites along the Pacific coast beginning in September and the first half of October (Pelton et al. 2016). Stable monarch butterfly aggregations persist through January into February (Pelton et al. 2016). The surviving monarchs breed at the overwintering site before dispersing in February and March (Pelton et al. 2016). Light Many wildlife species have evolved physiological and behavioral responses to light cues from day-night cycles, moon phases, and seasonal light levels. The intensity, duration, spectral quality (distribution of light spectrum colors emitted by light source), and periodicity of light exposure affects the biochemistry, physiology, and behavior of organisms (Royal Commission on Environmental Pollution 2009). Processes, such as movement patterns, breeding behavior, feeding, growth, and many more, can be affected by light for birds, mammals, and other wildlife species (de Molenaar et al. 2006). Therefore, it is suggested that increased ambient lighting, including artificial lighting, may interfere with these natural processes ultimately impacting wildlife populations (Royal Commission on Environmental Pollution 2009). It was found that habitat availability and quality was negatively affected by increased artificial lighting as it caused birds to avoid the well-lit areas (de Molenaar et al. 2006). A recent study published in Nature showed that response to excess light varies by species and habitat type (open habitats like wetlands, fields, and farms versus closed habitats like forests) (Senzaki et al. 2020). Birds are highly sensitive to day length as a signal for when to begin breeding. The study showed that birds nesting in brighter, open habitats laid eggs about a month earlier than those in darker areas. Surprisingly, species adapted to low-light conditions saw improved nest success when exposed to more light, possibly due to better food hunting. However, the impact of light varied between species—while some benefited, others, like western bluebirds, experienced reduced nesting success. A study by the University of Cincinnati revealed that artificial light can interfere with monarch butterflies' ability to navigate during migration (Parlin et al. 2022). Monarchs typically use natural light cues, such as the position of the sun and the Earth's magnetic field, to orient themselves. However, exposure to bright, 511 Evaluation of Environmental Impacts Symphony of the Flowers Project 27 ESA / D202300046 Addendum FMEIR December 2024 artificial lighting disrupts their internal compass, causing confusion and potentially leading them off course. For examples, when monarchs are exposed to nighttime light pollution, such as a streetlamp above their roost in a tree, it can cause a shift in their internal clock, making their body perceive the time as earlier or later than it actually is. This disrupts their sense of time. Areas surrounding the Project Site are highly developed and urbanized with commercial and residential development, all of which contribute to increased nighttime illuminance. Additionally, the Central Park East itself contains lighting throughout (e.g., pathway lighting along walkways, lighting associated with existing buildings and parking lots). Although special-status wildlife species occurring within the BSA would be habituated to the existing park lighting and surrounding urbanized areas, if installation of the Project’s lighting results in substantially greater increased nighttime illuminance, these species, and others using the BSA, could potentially be subject to altered physiological processes, decreased habitat availability, and increased predation. For the Project, the Show’s artificial flowers would be illuminated using LED lights within the internal structures of the flowers, which would emit very limited amount of light from each flower structure and are not expected to increase existing illuminance within the Project Site. In addition to the lighting of artificial flowers, additional lighting would include pathway lighting, lights to be projected onto the water fountain with a projection screen, lighting associated with the bleachers for seating, lighting for the concession stand and VIP terrace gathering area, and overnight security lighting. Although it is understood that increased ambient lighting can affect wildlife behavior, no quantitative increase in illuminance above ambient light is agreed upon as a threshold for significant impacts to wildlife. However, due to the limited low-level lighting that would be added from the Show, it is not expected that increased lighting levels resulting from the Project would result in significant impacts on the species inhabiting the Park including moderate and high potential to occur species like least Bell’s vireo, monarch, tricolored blackbird, yellow warbler, and yellow-breasted chat. As discussed in the Project Description, the following Project Feature Biological Resources-1 would result in a less-than-significant impact to least Bell’s vireo, monarch, tricolored blackbird, yellow warbler, and yellow-breasted chat: Project Feature Biological Resources-1: Lighting would be angled away from sensitive habitat areas, including riparian habitats (i.e., arroyo willow thickets, cattail marsh, Goodding’s willow-red willow riparian woodland, and ornamental vegetation within the wetlands) potentially used by special-status riparian bird species (least Bell’s vireo, tricolored blackbird, yellow-breasted chat, and yellow warbler) for nesting, and eucalyptus grove potentially used by overwintering monarch butterflies for roosting. Therefore, the Project is not expected to substantially increase the amount of light exposure to special-status wildlife in the Park and impacts to special-status wildlife species from Project lighting is less than significant. Sound Noise from human activities affects bird behavior and population dynamics. Research has shown that noise disturbance can reduce pairing success (Habib et al. 2007), lead to smaller clutch sizes (Halfwerk et al. 2011), and lower population density (Reijnen and Foppen 1994). It can also interfere with bird communication by masking or distorting male songs (Habib et al. 2007), alter habitat selection, and trigger stress responses that harm bird fitness (Kleist et al. 2018). However, responses to noise are specific to 512 Evaluation of Environmental Impacts Symphony of the Flowers Project 28 ESA / D202300046 Addendum FMEIR December 2024 individual species due to varying physiology, so it is difficult to determine exact responses of specific species unless previous studies were conducted on them. Some studies have even found no significant impact of noise disturbance on birds. For instance, Lackey et al. (2011) reported no connection between construction activities and territory placement, density, or reproductive success in golden-cheeked warblers (Dendrioca chrysoparia). Another study found that forest-nesting birds experienced reduced clutch sizes, higher clutch failure rates, and lower nest success in noisy areas compared to quieter ones (Senzaki et al. 2020); however, in contrast, birds in open habitats, like wetlands and fields, were unaffected (Senzaki et al. 2020). The negative effects of noise on forest birds may be due to their lower-pitched songs, which are more easily disrupted by low-frequency human noise, delaying nesting (Senzaki et al. 2020). A 1991 study by the San Diego Association of Governments estimated that noise levels exceeding 60 dBA Leq in least Bell’s vireo habitats could mask the bird's song, reducing its reproductive success and ability to defend its territory during the breeding season (mid-March to mid-September). That same year, the USFWS recommended keeping noise levels below 60 dBA to protect the coastal California gnatcatcher and other bird species. Thus, 60 dBA Leq is used as the threshold for assessing noise impacts on avian species resulting from the Project. As discussed in the Project Description, the following Project Feature Biological Resources-2 would result in a less-than-significant impact to least Bell’s vireo, monarch, tricolored blackbird, yellow warbler, and yellow-breasted chat resulting from noise: Project Feature Biological Resources-2: Speakers installed would be directed away from sensitive receptors, including the riparian habitat and eucalyptus groves. Although the Project would occur at night when avian species are less likely to call or sing and move around, due to the potential for noise disturbance to least Bell’s vireo, , indirect impacts due to noise would be potentially significant. Thus, Measure Biological Resources-1 in Certified 1999 FMEIR, which requires directed surveys for least Bell’s vireo and appropriate avoidance if the species is found, would reduce potential impacts from noise to less than significant with mitigation incorporated (Sapphos Environmental 1999). To satisfy the requirement for directed surveys and address modifications to construction and design plans to avoid impacts to these species, the following detailed measure is proposed to implement the Certified 1999 FMEIR Measure Biological Resources-1 for this Project: Implementing Measure for Biological Resources-1 : Directed surveys for the federally and state- endangered least Bell’s vireo will be conducted using similar methodology guidelines set forth in the 2001 USFWS Least Bell’s Vireo Survey Guidelines (USFWS 2001). A total of 10 survey rounds should be conducted within suitable habitat beginning in mid-March between dawn and 11:00 a.m. within all potentially suitable habitat within the BSA. If least Bell’s vireo is observed within 500 feet of the Project Site, the Project shall maintain noise levels at or below 60 dBA Leq or existing pre-Project baseline noise levels, whichever is greater, as measured at the edge of the identified least Bell’s vireo territory. If necessary, a qualified biologist may also recommend implementation of noise reduction measures, including installing noise barriers along the perimeter of the Project Site, which can also serve as visual barriers; a no activity buffer around the least Bell’s vireo 513 Evaluation of Environmental Impacts Symphony of the Flowers Project 29 ESA / D202300046 Addendum FMEIR December 2024 territory up to 500-feet; biological monitoring (e.g., weekly or more frequently as needed); and/or advise that the Project be modified or temporarily shut down if needed to avoid disturbance to least Bell’s vireo until either the territory has been deemed inactive or the Project is complete. Although the Project would occur at night when avian species are less likely to call or sing and move around, due to the potential for noise disturbance to tricolored blackbird, yellow-breasted chat, and yellow warbler, indirect impacts due to noise would be potentially significant. Therefore, the following Project Feature will result in a less-than-significant impact to these species resulting from noise Project Feature Biological Resources-3: A qualified biologist will conduct nesting bird surveys within seven days prior to the start of the avian nesting season (generally defined as January 15 through September 15). If an active nest is found, the nest should be avoided, and a suitable buffer zone delineated in the field where no impacts would occur until the chicks have fledged the nest or the nest has failed as determined by a qualified biologist. Avoidance buffers are generally 300 feet for non-listed passerines and 500 feet for listed avian species and raptors; however, avoidance buffers may be reduced for non-listed species at the discretion of the biologist, depending on the location of the nest and species tolerance to human presence and Project-related noises and vibrations. If necessary, the qualified biologist may also recommend implementation of noise reduction measures, visual and/or acoustic barriers or other protective measures, and/or advise that the Project be modified or temporarily shut down if needed to avoid disturbance to nesting birds until nesting is complete. If active nests are found, weekly monitoring will occur, or other frequency determined appropriate by the qualified biologist until either the nest has been deemed inactive or the Project is complete. A study on monarch butterfly larvae exposed to simulated highway noise found that short-term exposure caused a significant increase in heart rate, indicating stress, but long-term exposure led to habituation, with no lasting heart rate elevation (Davis et al. 2018). According to the U.S. Department of Transportation, highway traffic noise levels typically range from 70 to 80 decibels (dB) when measured 50 feet from the highway (Corbisier 2003). If the Show is planned to occur after February 28th (of any year), outside of the peak overwintering season (October-February) for monarch butterflies, then no impact would occur to overwintering monarchs. If the Show begins prior to February 28th (of any year) within the peak overwintering season, then potentially significant impacts could occur to overwintering monarch due to increased noise exposure at night. As discussed in the Project Description, the following Project Feature will result in a less-than-significant impact to overwintering monarch: Project Feature Biological Resources-4: Pre-activity surveys for overwintering monarchs will be conducted prior to the start of the Show during overwintering season (October-February) within suitable eucalyptus grove habitat. If overwintering monarch is observed, the Project shall maintain noise levels at or below 60 dBA Leq or existing pre-Project baseline noise levels, whichever is greater, as measured at the edge of the identified overwintering monarch habitat. If necessary, a qualified biologist may also recommend implementation of noise reduction measures, including installing noise barriers along the perimeter of the Project Site, which can also serve as visual barriers; a no activity buffer around the overwintering monarch habitat; and/or advise that the Project be modified or temporarily shut down if needed to avoid disturbance to overwintering monarchs until the end of the overwintering season. 514 Evaluation of Environmental Impacts Symphony of the Flowers Project 30 ESA / D202300046 Addendum FMEIR December 2024 b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or US Fish and Wildlife Service? No Impact. The BSA contains two sensitive communities: Fremont cottonwood woodland and Goodding's willow - red willow riparian woodland (CDFW 2023a). Fremont cottonwood woodland habitat is a sensitive natural community (CDFW California Code 61.130.06) that was observed throughout the BSA, including within the Project Site. Goodding's willow - red willow riparian woodland habitat is also a sensitive natural community (CDFW California Code 61.211.05) that is located within the central portion of the BSA. Equipment and facilities for the temporary setup of the Project would not remove or trim any vegetation or disturb these sensitive natural communities; therefore, no impacts would occur. c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? No Impact. According to NWI (USFWS 2024), there are mapped freshwater ponds, freshwater forested/shrub wetlands, and freshwater emergent wetlands within the BSA which were observed during the reconnaissance survey. These aquatic resources support aquatic habitat that is regulated by the CDFW and Regional Water Quality Control Board (RWQCB). However, no impacts would occur to the wetlands as a result of the Project. d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? Less Than Significant Impact. Wildlife corridors are features that exist as topographical or structural pinch points that, among other purposes, are utilized by wildlife for travel between one geographical area to the next. While these resources may support limited biological function and are perhaps utilized strictly for travel purposes, for example, a dry culvert under a roadway or bridge; more often, they contain natural vegetation and habitats that support foraging, roosting, and breeding activities, as well. The Central Park East is a part of the larger Huntington Beach Central Park complex that was once connected to BCER. Today, the Central Park East and BCER are separated by two busy roadways, Goldenwest Street and Edwards Street, making it difficult for terrestrial wildlife to cross. Central Park East is also surrounded by residential, commercial, and industrial development to the immediate northwest, north, and east, which limits wildlife movement through the area. The Project is not anticipated to significantly restrict the limited movement of wildlife because the BSA would remain accessible to any wildlife movement during the installation of equipment and show operations. These Show operations are not anticipated to disrupt wildlife movement. The Migratory Bird Treaty Act (MBTA) is the domestic law that affirms, or implements, a commitment by the U.S. to four international conventions (with Canada, Mexico, Japan, and Russia) for the protection of a shared migratory bird resource. The MBTA makes it unlawful at any time, by any means, or in any manner to pursue, hunt, take, capture, or kill migratory birds. Under California Fish and Game Code Sections 3503, 3503.5, 3513, and 3800, a project operator is not allowed to conduct activities that would result in the 515 Evaluation of Environmental Impacts Symphony of the Flowers Project 31 ESA / D202300046 Addendum FMEIR December 2024 taking, possessing, or destroying of any birds of prey; the taking or possessing of any migratory nongame bird as designated in the MBTA; the taking, possessing, or needlessly destroying of the nest or eggs of any raptors or nongame birds protected by the MBTA; or the taking of any nongame bird. The Project includes Project Feature Biological Resources-4 in the Project Description and thus would comply with the MBTA and the California Fish and Game Code for the protection of avian nests and their young. Thus, potential impacts would be less than significant. e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? No Impact. The City requires a permit for maintenance on trees located on any street, parkway, or public place (Chapter 13.50. Regulation of Trees). Since the Project does not plan to maintain or spray trees within the BSA, there will be no conflicts with tree preservation policies or tree ordinances. The Project will not remove or trim any vegetation or disturb existing trees. Therefore, there would be no impacts to local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance. As mentioned above under Issue A, the Central Park Final Master Plan EIR was prepared in 1999 as the environmental document supporting the Master Plan of Recreation Uses for Hunting Central Park (Master Plan). The purposes of the Master Plan are to plan for facilities and programs that will continue to provide diverse recreation opportunities for all citizens consistent with the goals of the 1996 City of Huntington Beach General Plan. The Master Plan involves planning to maintain existing facilities as well as improving 157.5 acres of park land. Project level elements of the Master Plan include construction of a sports field complex; park, tree, and landscape maintenance expansion area; outdoor music area, and consolidated camping area. Program level elements include low intensity recreation; middle area/urban forest trailhead; semi-active recreation; Sully Mille Lake group facility; and police/civilian gun range. The Project does not conflict with the Master Plan since it is temporary that will not impact the program and project level elements of the Master Plan. f) Conflict with provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? No Impact. The Project Site falls within the Orange County Transportation Authority M2 Natural Community Conservation Plan/Habitat Conservation Plan (NCCP/HCP) (ICF 2016); however, the Project would not conflict with provisions of this adopted NCCP/HCP, or other approved local, regional, or state habitat conservation plan, as it is located outside of the plan area. Therefore, no impact would occur to provisions of an adopted HCP, NCCP, or other approved local, regional, or state habitat conservation plan. Hazards and Hazardous Materials (Emergency Evacuation) Would the Project: e) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? Less Than Significant Impact. The Project would not impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan to Central Park East. Within the 516 Evaluation of Environmental Impacts Symphony of the Flowers Project 32 ESA / D202300046 Addendum FMEIR December 2024 Project’s boundary, a site evacuation plan has been developed compliant with the City’s Municipal Code fire and safety requirements. Although the Project would be enclosed by temporary fencing, evacuation routes and exits would be maintained at multiple openings which align with existing pedestrian trails. Designated gathering points outside of the Project’s immediate boundary would be maintained for evacuees and emergency personnel during emergencies; refer to Figure 6, Site Evacuation Plan. A less-than- significant impact would occur. Noise Would the Project: a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? Less Than Significant Impact. Construction Noise The Certified 1999 FMEIR contemplated the construction and operation of a Consolidated Camping Area in the general location of the proposed Symphony of the Flowers Project. As discussed, and evaluated in the Certified 1999 FMEIR, the Consolidated Camping Area was contemplated to include mobilization, grading and drainage, electrical, asphaltic concrete and concrete placement, minor structure assembly, a telephone line, security lighting, water facilities, a picnic/group meeting area, complete automatic irrigation system, site furniture, and installation of plant material. The Symphony of the Flowers Project proposes no new permanent development, unlike the development contemplated in the Certified 1999 FMEIR. Instead, the Project would consist of temporary event structures, all of which would be removed following the conclusion of the Show. The Project would generate noise related to the assembly and disassembly of temporary structures such as bleachers, perimeter fencing, and speaker installations within the walkways and by the bleachers, in addition to the installation of a water basin/fountain at the center of the Project. The Project would not require heavy-duty off-road construction equipment, such as dozers, excavators or pile drivers, and would not generate noise from such equipment. Noise associated with assembly and disassembly of temporary structures would be generally confined to the Project Site and would not conflict with the City’s Noise Ordinance, Chapter 8.40 Noise Control, Section 8.40.090 Special Provisions, which exempts noise associated with construction between the hours of 7:00 A.M. and 7:00 P.M. Monday through Saturday, as long as construction noise does not exceed 80 dBA Leq at nearby sensitive receptors. Construction noise during these hours would not exceed the 80 dBA threshold as construction equipment used for Project- related above-ground structures would include pneumatic tools, pickup trucks, and forklifts which would have a maximum noise level of 85 dBA at 50 feet. At the nearest off-site sensitive receptor, approximately 900 feet to the north, noise levels would be below the 80 dBA threshold as the doubling of distance reduces noise levels by 6 dBA. Thus, even at 100 feet operation of these pieces of equipment would be below the 80 dBA threshold. Construction activities with the Project that occur outside of the hours set forth in Section 8.40.090 would be limited to programming activities, which is not expected to exceed 50 dBA Leq. As stated, previously at each doubling of distance from the source of the noise, noise levels would be reduced by 6 dBA. Therefore, nighttime activities associated with the Project would be barely perceptible to the interior environment of 517 Evaluation of Environmental Impacts Symphony of the Flowers Project 33 ESA / D202300046 Addendum FMEIR December 2024 nearby sensitive receptors at 900 feet or greater from the Project site. In addition, nighttime activities would not result in an exceedance of the State of California’s 45 dBA interior noise threshold for residential land uses because at 100 feet noise levels would already be reduced to 44 dBA Leq. Noise levels would be lower than this at the nearest sensitive receptor, which is located approximately 900 feet away from the Project. Noise levels would be further reduced in an interior environment as the exterior of a residential building with windows closed reduces exterior noise levels by approximately 25 dBA Leq. Thus, there would be no potential for mechanical construction excavation, grading, or trenching activities that could cause a substantial adverse change in ambient noise compared to the findings of the Certified 1999 FMEIR. Therefore, construction noise impacts from the proposed Symphony of the Flowers project would not result in new or substantially more severe significant impacts compared to the findings in the Certified 1999 FMEIR, and impacts would be less than significant. Stationary Noise The Symphony of the Flowers would result in the installation and operation of 76 speakers for the duration of the Project. While intermittent, the noise analysis assumes that all the speakers would be playing at the same time with 64 low-volume speakers located throughout the Project pathways and 12 speakers located on the west side of the proposed bleachers and oriented towards the bleachers. Noise from the operation of the speakers was evaluated using the SoundPLAN model, which calculates noise dispersion from the Project multiple speakers and generates noise contour lines at nearby sensitive receiver locations. Sensitive receiver locations include biological resource areas within the Central Park East, residential uses to the west of the Project along the west side of Goldenwest Street, and residential uses to the north of the Project along the north side of Slater Avenue. The Huntington Beach Central Library is located to the south of the Project. As discussed in the Biological Resources section of this document, biological resource areas are located to the east and southwest of the Project Site. The nearest biological resource areas include suitable nesting habitat for least Bell’s vireo present within the arroyo willow thickets located outside of the Project Site but within the BSA, approximately 100 feet southwest of the Project Site. In addition, the eucalyptus groves present throughout the BSA provide suitable roosting habitat for overwintering monarch populations. The eastern eucalyptus grove is located along the eastern edge of the Project area and the southern eucalyptus grove is located along the southwestern corner of the Project area. As shown in Figure 8, Symphony of Flowers Noise Model, noise levels at the biological resource areas near the Project Site would approach and potentially exceed 60 dBA Leq, As discussed in under Biological Resources, the Project would include several project features, as described in the Project Description, that would ensure that potential impacts to biological resources would remain less than significant. Noise levels at residential uses and the Huntington Beach Central Library would be lower than at the biological resource areas near the Project Site due to distance attenuation. The nearest residential uses are located approximately 900 feet to the north and to the west from the Project Site. The Huntington Beach Central Library is located approximately 1,500 feet to the south of the Project. As shown in Figure 8, noise levels at these off-site receptors would be less than 45 dBA Leq from Project operational noise. The ambient noise levels based on noise measurements conducted by ESA are shown in Figure 9, Ambient Noise Monitoring, and indicate that the Huntington Beach Central Library had noise levels which approached 54.1 dBA Leq at ST-4. The noise levels to the north had noise levels that approached 67.7 dBA Leq at LT-1. 518 1 2 3 4 5 6 7 8 9 10 1112 13 51.9 53.0 55.1 57.2 60.1 53.0 55.2 56.7 58.4 42.3 42.842.2 43.9 Symphony of Flowers Project Noise Model Environmental Science Associates www.soundplan.com Noise level Leq in dB(A) >=85 80 - 85 75 - 80 70 - 75 65 - 70 60 - 65 55 - 60 50 - 55 45 - 50 40 - 45 35 - 40 30 - 35 Legend Receiver Speakers Bleachers 0100200 400 600 feet Huntington Beach Symphony of Flowers Figure 8 Noise Model SOURCE: ESA, 2024 D2 0 2 3 0 0 0 4 6 . 0 2 - S y m p h o n y o f t h e F l o w e r s \ 0 5 G r a p h i c s - G I S - M o d e l i n g - U S E A Z U R E \ E I R A d d e n d u m N 519 0 r ESA ~ * LT-2 (71.1 dBA Leq) LT-1 (67.7 dBA Leq) ST-4 (54.1 dBA Leq) ST-5 (54.0 dBA Leq) ST-3 (66.2 dBA Leq) Pa t h : 8 : ? * I S ? * I S ? P r o j e c t s ? 2 0 2 3 x x x ? D 2 0 2 3 0 0 0 4 6 B 0 2 B + u n t i n g t o n B B e a c hB S y m p h o n y B o f B ) l o w e r s ? 0 3 B P r o j e c t ? B i o . a p r x ) i g  - A m b i e n t N o i s e M o n i t o r i n g , M & S c o t t 1 2  3  2 0 2 4 S285&(: (sri, 2023 (SA, 2024 +untington Beach Symphony of )lowers Figure 9 Ambient Noise Monitoring N 0 600 )eet The ambient noise measurements were conducted using the Larson-Davis Soundtrack LxT1 Precision Integrated Sound Level Meter, which is a Type 1 standard instrument as defined in the American National Standard Institute S1.4. All instruments were calibrated and operated according to the applicable manufacturer specifications. The microphone was placed at a height of 5 feet above the local grade at the following locations. Short Term *Short Terms (ST) were conducted on November 13th 2024 between the hours of 3:00 p.m. and 4:30 p.m. A single 15-minute measurement was taken at each of the Short Term sites. Long Term *Long Term (LT) were conducted continuously over a 4-day period from November 13th 2024 to November 17th 2024. Project Site Huntington Beach L ibrary Betty DrCapstone Dr Go t h a r d S t Ford Dr Manhattan Dr Go l d e n w e s t D r Go l d e n w e s t S t Slater Ave Vista del Sol Dr Slater Ave Via Angelina Dr Via Carona Dr Go t h a r d S t Ni c h o l s L n Oak View Huntington Beach C entral Park West 520 Evaluation of Environmental Impacts Symphony of the Flowers Project 36 ESA / D202300046 Addendum FMEIR December 2024 Based on the existing ambient noise levels shown in Figure 9, the project operation at the off-site noise sensitive residences and library would not contribute to a clearly noticeable 5 dBA increase over existing ambient conditions. In addition, project operations would not exceed the City of Huntington Beach’s allowed exterior noise limits for residences and libraries as set forth in Section 8.40.050 in the City of Huntington Beach Noise Ordinance. For single-family residences the max exterior noise level permitted by the City is 55 dBA Leq from 7:00 a.m. to 10:00 p.m. and 50 dBA Leq from 10:00 p.m. to 7:00 a.m. For libraries the City permits an exterior noise level of 60 dBA Leq during the library’s hour of operations. Given that the noise levels from speaker operations would result in a maximum increase of approximately 43.9 dBA Leq at the off-site residences; project operations would not result in excessive noise beyond those set forth by the City of Huntington Beach. Impacts at residential and library uses would be less than significant. Mobile Noise As discussed, under Transportation, the Project may result in an increase in vehicle trips and vehicle miles traveled as a result of the Project compared to the existing conditions along local roadways. According to the Transportation Assessment for the Project, it is estimated that up to 900 visitors would attend a Symphony of the Flowers, which would result in approximately 300 vehicle trips per Show. Conservatively assuming that all vehicle trips occur within the same hour, traffic noise levels from 300 vehicle trips would approach approximately 59 dBA Leq. Ambient noise measurements conducted by ESA showed levels along the project roadways approaching 67.7 dBA Leq and 71.1 dBA Leq as shown in Figure 9 by LT-1 and LT-2, respectively. The nearest area within the park which had a noise measurement taken to the east was at ST- 5 which had a noise level of 54.0 dBA Leq. However, it is important to note that ST-5 was approximately 800 feet away from Gothard Street and was in a relatively low pedestrian area. Therefore, ST-5 would not properly catch traffic noise levels from Gothard Street. It can be assumed that at Gothard Street the Leq would be similar to those at LT-1 (67.7) and LT-2 (71.1). Thus, when incorporating the hourly noise average from the increase in traffic from the Project to the lowest known roadway noise level at LT-1 which is 67.7 dBA Leq the total output would result in 68.2 dBA Leq. Therefore, noise from the Project would result in a less than 1 dBA increase as it would only increase the noise on the lowest known existing traffic noise level by 0.5 dBA. A 1 dBA increase is considered a hardly perceptible change to the human ear and is overall difficult to distinguish, therefore, impacts would be less than significant in regard to project related traffic. The Project would not result in a new or more severe impact than that analyzed in the EIR. b) Generation of excessive groundborne vibration or groundborne noise levels? Less Than Significant Impact. Construction Vibration The Project proposes no new permanent development unlike the Certified 1999 FMEIR; instead, the Project consists of temporary event structures, all of which would be removed following the conclusion of the Project. There would be no potential for mechanical construction excavation, grading, or trenching activities that could cause the generation of excessive groundborne vibration or groundborne noise levels. Operational Vibration During the Show, the Project would have soft instrumental music consisting of no vocals that would play throughout the Project Site at over 76 speakers across the Project Site. Of the total speakers, 64 would be 521 Evaluation of Environmental Impacts Symphony of the Flowers Project 37 ESA / D202300046 Addendum FMEIR December 2024 placed across the walkable areas of the Project Site and would be played in a manner to not impede normal human speech. Therefore, most of the speakers would not cause excessive vibration beyond the immediate vicinity. However, 12 speakers which would be placed in front of the bleachers at ground level would be playing louder than normal human speech. As a result, vibrations from these speakers would be more perceptible than the 64 low-volume speakers located throughout the pathways of the Project Site. The 12 speakers oriented towards the proposed bleachers are approximately 925 feet away from the nearest residential use. Groundborne vibration rapidly attenuates from the source as the distance from the source is increased. Therefore, human annoyance would not be of concern from speaker operations at this distance. The nearest structure, which can be structurally damaged from intense vibration is approximately 400 feet to the north of the Project Site. At this distance heavy duty construction equipment would not result in structural damage due to vibration; therefore, commercial speaker operation for an event would most likely not occur either. Therefore, in regards to Certified 1999 FMEIR, the Project would not result in any new or more severe impacts than previously identified for vibration impacts in regards to human annoyance and structural damage from construction and operation. Therefore, impacts are less than significant. c) For a project located within the vicinity of a private airstrip or an airport land use plan, or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? No Impact. The Project is located approximately 7.7 miles to the northwest of the nearest airport which is the John Wayne International Airport in the City of Santa Ana. Given that the Project is not located within two miles of an airport/airstrip and the distance to the nearest airport; the Project would not result in exposing people residing or working in the Project area to excessive noise levels due to airport/airstrip operations. Therefore, no impact would occur in regards to excessive air-travel noise. Transportation Would the Project: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No Impact. As the Project would operate entirely within the boundaries of the Central Park East and does not propose any permanent change to the existing transportation system, the Project would not conflict with the City’s Circulation Element of the General Plan. The Project, as a temporary event, is subject to the Special Events policies as described in the City’s Municipal Code Section 13.54. Approval of the Project’s operation would require full compliance with the requirements within the City’s Specific Event Permit Application process. As such, no impact would occur. b) Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? Less Than Significant Impact. Section 15064.3 of the State CEQA Guidelines identifies the need for evaluating vehicle miles traveled (VMT) changes associated with either a land development project or a permanent change in transportation infrastructure. The State CEQA Guidelines do not identify whether and how VMT should be measures or evaluated for a temporary or seasonal event. Although temporary, the 522 Conclusions Regarding Addendum as an Appropriate Mechanism Symphony of the Flowers Project 38 ESA / D202300046 Addendum FMEIR December 2024 Project would result in an increase in visitors to Central Park East. The majority (approximately 70 percent) of visitors are expected to travel from within a 30-mile radius, while the remainder (approximately 30 percent) are likely to travel further. Visitors who travel by passenger car would be encouraged to carpool, while others who travel by transit or non-motorized modes would be supported by the existing circulation network. Based on the expected attendance and travel characteristics, VMT generated by the Project would be lower than periodic fluctuations in Citywide VMT for season and planned special events including travel as measured during the past Thanksgiving holiday, the Pacific Airshow, and the U.S. Open of Surfing. Further, the Project does not introduce any permanent changes to land use or transportation infrastructure. Under the State CEQA Guidelines Section 15064.3, subdivision (b), VMT assessments prioritize long-term impacts, whereas the Project is temporary and utilized existing infrastructure. Due to the temporary nature of the Project, support by existing infrastructure, and that the estimated VMT is fewer in comparison to fluctuations in daily VMT during other activities, the Project is considered to have a less than significant impact on VMT and is consistent with the State CEQA Guidelines Section 15064.3, subdivision (b). Please refer to Attachment B, Transportation Assessment. c) Would the Project substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The Project would not result in any permanent changes to the transportation system and no structures or other features would block access or change geometric conditions. As such, no impact would occur. d) Would the Project result in inadequate emergency access? No Impact. The State CEQA Guidelines do not provide a protocol or threshold of significance to evaluate evacuation conditions for a temporary gathering of people (only permanent land use change). As such, an evaluation of the Project’s operation and evacuation plans was conducted to ensure consistency with applicable plans regarding emergencies. The Project would not result in modifications to existing access to Central Park East, and emergency access routes would be maintained through the existing network of roadways and internal pathways. The Project’s operation would comply with fire and safety requirements as mandated by the City’s Special Event Permit process. Additionally, the Project has coordinated with appropriate response agencies in preparation of a site evacuation plan which includes evacuation routes for visitors and gathering locations for visitors and emergency response personnel; refer to Figure 6, Site Evacuation Plan. These measures ensure the Project would not impede emergency response or evacuation plan. As such, no impact would occur. Conclusions Regarding Addendum as an Appropriate Mechanism As demonstrated by the discussion above, impacts associated with the Symphony of the Flowers would be similar to or less than the impacts addressed in the Certified 1999 FMEIR. No substantial changes would occur with respect to the circumstances under which the Project is undertaken that will require major revisions of the Certified 1999 FMEIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. In addition, no new information of substantial importance has become available relative to any of the environmental topic 523 List of Preparers Symphony of the Flowers Project 39 ESA / D202300046 Addendum FMEIR December 2024 categories that would result in new or more severe significant environmental impacts. In addition, the applicable mitigation measure included as part of the Certified 1999 FMEIR would continue to be implemented under the Project. Although the Symphony of the Flowers wasn’t originally contemplated in the Certified 1999 FMEIR, none of the conditions described in Public Resources Code Section 21166 and CEQA Guidelines Sections 15162 and 15163 requiring a Supplemental or Subsequent EIR would occur. Additionally, there are no known mitigation measures or Project alternatives that were previously considered infeasible but are now considered feasible that would substantially reduce one or more significant effects on the environment identified in the Certified 1999 FMEIR. Therefore, implementation of the Symphony of the Flowers would not create any potential adverse impacts beyond those evaluated in the Certified 1999 FMEIR. As such, the preparation of an Addendum for the Project is appropriate and fully complies with the requirements of Public Resources Code Section 21166 and CEQA Guidelines Sections 15162, 15163, and 15164. List of Preparers Lead Agency Jennifer Villasenor, Community Development Director City of Huntington Beach Community Development Department 2000 Main Street Huntington Beach, CA 92648 ESA Brian Allee, Project Manager Terri Avila, Project Director 420 Exchange, Suite 260 Irvine, CA 92602 Fehr and Peers Steve Brown, Senior Principal Baldwin Ngai, Senior Engineer/Planner 101 Pacifica, Suite 300 Irvine, CA 92618 524 References Cited Symphony of the Flowers Project 40 ESA / D202300046 Addendum FMEIR December 2024 References Cited Atkins, 2017. City of Huntington Beach General Plan Update, Program Environmental Impact Report, SCH No. 2015101032, Volume II – Final Program Environmental Impact Report, prepared August 2017, https://www.huntingtonbeachca.gov/files/users/planning/Volume-II-Draft-Environmental- Impact-Report.pdf CAL FIRE, 2022. Fire Hazard Severity Zones, State Responsibility Area Comparison Application, November 21, 2022, https://calfire- forestry.maps.arcgis.com/apps/webappviewer/index.html?id=fd937aba2b044c3484a642ae03c3567 7. Accessed November 2024. CAL FIRE, 2020. California Department of Forestry and Fire Protection, California Fire Hazard Severity Zone Viewer. [online]: https://egis.fire.ca.gov/FHSZ/. Accessed November 2024. California Native Plant Society. 2024. Inventory of Rare and Endangered Vascular Plants of California. . https://www.cnps.org/cnps/rareplants. Accessed November 2024. CDFW (California Department of Fish and Wildlife ), 2024a. California Natural Diversity Data Base. https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data#43018408-cnddbin-bios. Accessed November 2024. CDFW. 2024b. Special Animals List. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=109406. Accessed November 2024. CDFW. 2023. California Sensitive Natural Communities List. Sacramento, CA: CDFW, Natural Heritage Division. June 1, 2023. https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=153609&inline. Accessed October 15, 2024. City of Huntington Beach, 2016. Zoning Map, City of Huntington Beach, https://www.huntingtonbeachca.gov/files/users/planning/zoning-map.pdf. Accessed November 2024. City of Huntington Beach General Plan, Adopted October 2017. https://cms3.revize.com/revize/huntingtonbeachca/Documents/Departments/Community%20Devel opment/Planning%20Zonning/General%20Plan/Generalplan/Tables_of_Contentslists.pdf. Accessed November 2024. Corbisier C. 2003 Living with noise. Public Roads, a journal of the US Dept of Transportation, Federal Highway Administration 67. https://www.fhwa.dot.gov/publications/publicroads/03jul/6.cfm. Davis, A., H. Schroeder, I. Yeager, J. Pearce. Effects of simulated highway noise on heart rates of larval monarch butterflies, Danaus plexippus: implications for roadside habitat suitability. Biology Letters. May 2018. Volume 14, Issue 5. de Molenaar, J. G., M. E. Sanders, and D. A. Jonkers. 2006. Road lighting and grassland birds: Local influence of road lighting on a black-tailed godwit population. Pages 114-136 in Rich, C., and T. Longcore, editors. Ecological Consequences of Artificial Night Lighting. Covelo, CA: Island Press. DOC (California Department of Conservation), 2022. California Department of Conservation, California Important Farmland Finder, https://maps.conservation.ca.gov/dlrp/ciff/. Accessed November 2024. 525 References Cited Symphony of the Flowers Project 41 ESA / D202300046 Addendum FMEIR December 2024 Habib, L., E. M. Bayne, and S. Boutin. 2007. Chronic industrial noise affects pairing success and age structure of ovenbirds Seiurus aurocapilla. Journal of Applied Ecology 44:176–184. Halfwerk, W., L.J.M. Holleman, C. M. Lessells, and H. Slabbekoorn. 2011. Negative impact of traffic noise on avian reproductive success. Journal of Applied Ecology 48: 210-219. ICF. 2016. Orange County Transportation Authority M2 Natural Community Conservation Plan/Habitat Conservation Plan. Final. November. (ICF 00536.10.) San Diego, CA. Prepared for Orange County Transportation Authority, Orange, CA. Kleist, N.J., R. P. Guralnick, A. Cruz, C. Lowry, and C. D. Francis. 2018. Chronic anthropogenic noise disrupts glucocorticoid signaling and has multiple effects on fitness in an avian community. PNAS 115: E648-E657. Lackey, M.A., Morrison, M.L., Loman, Z.G., Fisher, N., Farrell, S.L., Collier, B.A., and Wilkins, R.N. 2011. Effects of road construction noise on the endangered golden-cheeked warbler. Wildlife Society Bulletin 35:15-19. NRCS (Natural Resource Conservation Service). 2024. Web Soil Survey. https://websoilsurvey.sc.egov.usda.gov/App/HomePage.htm. Accessed November 2024. Parlin, A. F., S.M. Stratton, and P.A. Guerra. Oriented migratory flight at night: Consequences of nighttime light pollution for monarch butterflies. iScience 25 (5). https://www.cell.com/iscience/fulltext/S2589-0042(22)00581-8. Pelton, E., S. Jepsen, C. Schultz, C. Fallon, and S.H. Black. 2016. State of the Monarch Butterly Overwintering Site in California. The Xerces Society for Invertebrate Conservation. Portland, OR. https://www.xerces.org/sites/default/files/2018-05/16-015_01_XercesSoc_State-of-Monarch- Overwintering-Sites-in-California_web.pdf. Reijnen, R., and R. Foppen. 1994. The effects of car traffic on breeding bird populations in woodland. I. Evidence of reduced habitat quality for willow warblers (Phylloscopus trochilus) breeding close to a highway. Journal of Applied Ecology 31:85–94. Royal Commission on Environmental Pollution. 2009. Artificial Light in the Environment. Available at https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/2 28832/9780108508547.pdf.pdf. Sapphos Environmental. 1999. Draft Master Environmental Impact Report for Master Plan of Recreation Uses for Central Park, City of Huntington Beach, California. State Clearinghouse Number 97091007. Prepared for City of Huntington Beach on February 26, 1999. Senzaki, M., J. R. Barber, J. N. Phillips, N. H. Carter, C. B. Cooper, M. A. Ditmer, K. M. Fristrup, C. J. W. McClure, D. J. Mennitt, L. P. Tyrrell, J. Vukomanovic, A. A. Wilson, and C. D. Francis. 2020. Sensory pollutants alter bird phenology and fitness across a continent. Nature (2020): https://doi.org/10.1038/s41586-020-2903-7. U.S. Fish and Wildlife Service (USFWS). 2001. Least Bell’s Vireo Survey Guidelines. January 19, 2001. 526 References Cited Symphony of the Flowers Project 42 ESA / D202300046 Addendum FMEIR December 2024 USFWS (U.S. Fish and Wildlife Service). 2024a. Critical Habitat Portal. https://fws.maps.arcgis.com/home/webmap/viewer.html?webmap=9d8de5e265 ad4fe09893cf75b8dbfb77. Accessed November 2024. USFWS (U.S. Fish and Wildlife Service). 2024b. Information for Planning and Consultation (IPaC). https://ipac.ecosphere.fws.gov/location/index. Accessed November 2024. USFWS (U.S. Fish and Wildlife Service). 2024c. National Wetlands Inventory Mapping Database. Available at: https://fwsprimary.wim.usgs.gov/wetlands/apps/wetlands-mapper/. Accessed November 2024. Xerces Society. 2024. Map of Overwintering Sites. https://westernmonarchcount.org/map-of- overwintering-sites/. Accessed November 2024. 527 Appendix A Ambient Noise Measurement Data 528 529 Summary File Name on Meter LxT_Data.038.s File Name on PC Serial Number 0007057 Model SoundTrack LxT® Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2024-11-13 14:51:42 Stop 2024-11-17 14:13:48 Duration 95:22:06.313 Run Time 95:22:06.313 Pause 00:00:00.0 Pre-Calibration 2024-11-13 08:43:54 Post-Calibration None Calibration Deviation --- Overall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Slow Preamplifier PRMLxT1 Microphone Correction Off Integration Method Exponential Overload 145.2 dB A C Z Under Range Peak 101.2 98.2 103.2 dB Under Range Limit 38.3 38.0 45.1 dB Noise Floor 29.2 28.9 35.9 dB First Second Third Instrument Identification Results LASeq 67.7 dB LASE 123.1 dB EAS 224.628 mPa²h EAS8 18.843 mPa²h EAS40 94.215 mPa²h LApk (max)2024-11-13 15:51:37 122.4 dB LASmax 2024-11-13 15:51:37 108.9 dB LASmin 2024-11-15 02:52:40 33.9 dB SEA 136.5 dB Exceedance Counts LAS > 85.0 dB 88 321.0 s LAS > 115.0 dB 0 0.0 s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s LCSeq 73.5 dB LASeq 67.7 dB LCSeq - LASeq 5.8 dB LAIeq 70.1 dB LAeq 67.7 dB LAIeq - LAeq 2.4 dB dB Time Stamp dB Time Stamp dB Time Stamp Leq 67.7 LS(max)108.9 2024/11/13 15:51:37 LS(min)33.9 2024/11/15 2:52:40 Lpk(max)122.4 2024/11/13 15:51:37 Overload Count 0 Overload Duration 0.0 s Dose Settings Dose Name OSHA-1 OSHA-2 Exchange Rate 5 5 dB Threshold 90 80 dB Criterion Level 90 90 dB Criterion Duration 8 8 h Results Dose 0.80 1.72 % Projected Dose 0.07 0.14 % TWA (Projected)37.3 42.8 dB TWA (t)55.2 60.7 dB Lep (t)78.5 78.5 dB Ln Percentiles LAS 5.00 72.6 dB LAS 10.00 70.7 dB LAS 33.30 64.6 dB LAS 50.00 59.7 dB LAS 66.60 54.3 dB LAS 90.00 45.3 dB Duration A C Z LxT_0007057-20241113 145142-LxT_Data.038.ldbin 530 Summary File Name on Meter LxT_Data.294.s File Name on PC Serial Number 0004983 Model SoundTrack LxT® Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2024-11-13 15:09:21 Stop 2024-11-17 14:29:12 Duration 95:19:50.313 Run Time 95:19:50.313 Pause 00:00:00.0 Pre-Calibration 2024-10-31 18:38:31 Post-Calibration None Calibration Deviation --- Overall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Slow Preamplifier PRMLxT1 Microphone Correction Off Integration Method Exponential Overload 144.0 dB A C Z Under Range Peak 100.0 97.0 102.0 dB Under Range Limit 37.2 36.9 43.9 dB Noise Floor 28.1 27.7 34.8 dB First Second Third Instrument Identification Results LASeq 71.1 dB LASE 126.5 dB EAS 491.238 mPa²h EAS8 41.224 mPa²h EAS40 206.120 mPa²h LApk (max)2024-11-17 14:27:16 132.0 dB LASmax 2024-11-15 13:46:02 102.6 dB LASmin 2024-11-15 00:16:48 36.8 dB SEA 143.9 dB Exceedance Counts LAS > 85.0 dB 81 270.4 s LAS > 115.0 dB 0 0.0 s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s LCSeq 74.5 dB LASeq 71.1 dB LCSeq - LASeq 3.4 dB LAIeq 72.6 dB LAeq 71.1 dB LAIeq - LAeq 1.5 dB dB Time Stamp dB Time Stamp dB Time Stamp Leq 71.1 LS(max)102.6 2024/11/15 13:46:02 LS(min)36.8 2024/11/15 0:16:48 Lpk(max)132.0 2024/11/17 14:27:16 Overload Count 0 Overload Duration 0.0 s Dose Settings Dose Name OSHA-1 OSHA-2 Exchange Rate 5 5 dB Threshold 90 80 dB Criterion Level 90 90 dB Criterion Duration 8 8 h Results Dose 0.32 1.79 % Projected Dose 0.03 0.15 % TWA (Projected)30.6 43.1 dB TWA (t)48.5 61.0 dB Lep (t)81.9 81.9 dB Ln Percentiles LAS 5.00 76.7 dB LAS 10.00 75.5 dB LAS 33.30 70.9 dB LAS 50.00 66.8 dB LAS 66.60 60.9 dB LAS 90.00 46.4 dB Duration A C Z LxT_0004983-20241113 150921-LxT_Data.294.ldbin 531 Summary File Name on Meter LxT_Data.012.s File Name on PC Serial Number 0004161 Model SoundTrack LxT® Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2024-11-13 16:08:16 Stop 2024-11-13 16:23:16 Duration 00:15:00.0 Run Time 00:00:00.2 Pause 00:14:59.8 Pre-Calibration 2024-11-13 10:02:15 Post-Calibration None Calibration Deviation --- Overall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Slow Preamplifier PRMLxT1 Microphone Correction Off Integration Method Exponential Overload 144.9 dB A C Z Under Range Peak 100.7 97.7 102.7 dB Under Range Limit 37.9 37.6 44.7 dB Noise Floor 28.8 28.5 35.5 dB First Second Third Instrument Identification 626 Wilshire Blvd., Ste. 1100 Los Angeles, CA 90017 Results LASeq 64.0 dB LASE 57.0 dB EAS 0.056 µPa²h EAS8 8.038 mPa²h EAS40 40.190 mPa²h LApk (max)2024-11-13 16:08:16 77.8 dB LASmax 2024-11-13 16:08:16 64.3 dB LASmin 2024-11-13 16:08:16 63.7 dB SEA -99.9 dB Exceedance Counts LAS > 85.0 dB 0 0.0 s LAS > 115.0 dB 0 0.0 s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s LCSeq 72.0 dB LASeq 64.0 dB LCSeq - LASeq 8.0 dB LAIeq 68.1 dB LAeq 66.2 dB LAIeq - LAeq 1.9 dB dB Time Stamp dB Time Stamp dB Time Stamp Leq 66.2 LS(max)64.3 2024/11/13 16:08:16 LS(min)63.7 2024/11/13 16:08:16 Lpk(max)77.8 2024/11/13 16:08:16 Overload Count 0 Overload Duration 0.0 s Dose Settings Dose Name OSHA-1 OSHA-2 Exchange Rate 5 5 dB Threshold 90 80 dB Criterion Level 90 90 dB Criterion Duration 8 8 h Results Dose -99.94 -99.94 % Projected Dose -99.94 -99.94 % TWA (Projected)-99.9 -99.9 dB TWA (t)-99.9 -99.9 dB Lep (t)12.4 12.4 dB Ln Percentiles LAS 5.00 64.3 dB LAS 10.00 64.2 dB LAS 33.30 64.1 dB LAS 50.00 63.9 dB LAS 66.60 63.9 dB LAS 90.00 63.8 dB Duration A C Z LxT_0004161-20241113 160816-LxT_Data.012.ldbin 532 Summary File Name on Meter LxT_Data.010.s File Name on PC Serial Number 0004161 Model SoundTrack LxT® Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2024-11-13 15:25:50 Stop 2024-11-13 15:40:50 Duration 00:15:00.0 Run Time 00:15:00.0 Pause 00:00:00.0 Pre-Calibration 2024-11-13 10:02:15 Post-Calibration None Calibration Deviation --- Overall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Slow Preamplifier PRMLxT1 Microphone Correction Off Integration Method Exponential Overload 144.9 dB A C Z Under Range Peak 100.7 97.7 102.7 dB Under Range Limit 37.9 37.6 44.7 dB Noise Floor 28.8 28.5 35.5 dB First Second Third Instrument Identification 626 Wilshire Blvd., Ste. 1100 Los Angeles, CA 90017 Results LASeq 54.1 dB LASE 83.6 dB EAS 25.704 µPa²h EAS8 822.526 µPa²h EAS40 4.113 mPa²h LApk (max)2024-11-13 15:27:49 95.4 dB LASmax 2024-11-13 15:27:49 66.0 dB LASmin 2024-11-13 15:32:23 48.0 dB SEA -99.9 dB Exceedance Counts LAS > 85.0 dB 0 0.0 s LAS > 115.0 dB 0 0.0 s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s LCSeq 65.4 dB LASeq 54.1 dB LCSeq - LASeq 11.3 dB LAIeq 56.7 dB LAeq 54.1 dB LAIeq - LAeq 2.6 dB dB Time Stamp dB Time Stamp dB Time Stamp Leq 54.1 LS(max)66.0 2024/11/13 15:27:49 LS(min)48.0 2024/11/13 15:32:23 Lpk(max)95.4 2024/11/13 15:27:49 Overload Count 0 Overload Duration 0.0 s Dose Settings Dose Name OSHA-1 OSHA-2 Exchange Rate 5 5 dB Threshold 90 80 dB Criterion Level 90 90 dB Criterion Duration 8 8 h Results Dose -99.94 -99.94 % Projected Dose -99.94 -99.94 % TWA (Projected)-99.9 -99.9 dB TWA (t)-99.9 -99.9 dB Lep (t)39.0 39.0 dB Ln Percentiles LAS 5.00 57.7 dB LAS 10.00 56.3 dB LAS 33.30 53.9 dB LAS 50.00 53.0 dB LAS 66.60 52.3 dB LAS 90.00 50.5 dB Duration A C Z LxT_0004161-20241113 152550-LxT_Data.010.ldbin 533 Summary File Name on Meter LxT_Data.011.s File Name on PC Serial Number 0004161 Model SoundTrack LxT® Firmware Version 2.404 User Location Job Description Note Measurement Description Start 2024-11-13 15:42:42 Stop 2024-11-13 15:57:42 Duration 00:15:00.0 Run Time 00:15:00.0 Pause 00:00:00.0 Pre-Calibration 2024-11-13 10:02:15 Post-Calibration None Calibration Deviation --- Overall Settings RMS Weight A Weighting Peak Weight A Weighting Detector Slow Preamplifier PRMLxT1 Microphone Correction Off Integration Method Exponential Overload 144.9 dB A C Z Under Range Peak 100.7 97.7 102.7 dB Under Range Limit 37.9 37.6 44.7 dB Noise Floor 28.8 28.5 35.5 dB First Second Third Instrument Identification 626 Wilshire Blvd., Ste. 1100 Los Angeles, CA 90017 Results LASeq 54.0 dB LASE 83.5 dB EAS 25.119 µPa²h EAS8 803.804 µPa²h EAS40 4.019 mPa²h LApk (max)2024-11-13 15:49:01 92.4 dB LASmax 2024-11-13 15:45:02 65.7 dB LASmin 2024-11-13 15:51:49 49.7 dB SEA -99.9 dB Exceedance Counts LAS > 85.0 dB 0 0.0 s LAS > 115.0 dB 0 0.0 s LApk > 135.0 dB 0 0.0 s LApk > 137.0 dB 0 0.0 s LApk > 140.0 dB 0 0.0 s LCSeq 64.8 dB LASeq 54.0 dB LCSeq - LASeq 10.8 dB LAIeq 56.4 dB LAeq 54.0 dB LAIeq - LAeq 2.4 dB dB Time Stamp dB Time Stamp dB Time Stamp Leq 54.0 LS(max)65.7 2024/11/13 15:45:02 LS(min)49.7 2024/11/13 15:51:49 Lpk(max)92.4 2024/11/13 15:49:01 Overload Count 0 Overload Duration 0.0 s Dose Settings Dose Name OSHA-1 OSHA-2 Exchange Rate 5 5 dB Threshold 90 80 dB Criterion Level 90 90 dB Criterion Duration 8 8 h Results Dose -99.94 -99.94 % Projected Dose -99.94 -99.94 % TWA (Projected)-99.9 -99.9 dB TWA (t)-99.9 -99.9 dB Lep (t)38.9 38.9 dB Ln Percentiles LAS 5.00 57.2 dB LAS 10.00 55.4 dB LAS 33.30 53.6 dB LAS 50.00 52.8 dB LAS 66.60 52.3 dB LAS 90.00 51.3 dB Duration A C Z LxT_0004161-20241113 154242-LxT_Data.011.ldbin 534 Noise Calculation Worksheets TRAFFIC NOISE ANALYSIS TOOL Project Name: Symphony of Flowers 535 Analysis Scenario:Operational Source of Traffic Volumes:Project Assumptions Auto MT HT Auto MT HT Trafic Trips / Event Goers Hard 30 30 30 25 300 0 0 58.8 59.1 Model Notes: The calculation is based on the methodology described in FHWA Traffic Noise Model Technical Manual (1998). The peak hour noise level at 50 feet was validated with the results from FHWA Traffic Noise Model Version 2.5. Accuracy of the calculation is within ±0.1 dB when comparing to TNM results. Noise propagation greater than 50 feet is based on the following assumptions: For hard ground, the propagation rate is 3 dB per doubling the distance. For soft ground, the propagation rate is 4.5 dB per doubling the distance. Vehicles are assumed to be on a long straight roadway with cruise speed. Roadway grade is less than 1.5%. CNEL levels were obtained based on Figure 2-19, on page 2-58 Caltran's TeNS 2013. Noise Level dBA CNEL Peak Hour Noise Level (Leq(h) dBA) Segment Ground Type Distance from Roadway to Receiver (feet) Speed (mph)Peak Hour Volume 01 Traffic_Noise ESA 12/10/2024 Symphony of the Flowers Project SoundPLAN outputs 536 Receiver Land Use Leq Reference Noise Levels Leq Citation Bird Habitat (south of Site)Bio Habitat 51.9 Bird Habitat (south of Site)Bio Habitat 53.0 Bird Habitat (south of Site)Bio Habitat 55.1 Bird Habitat (south of Site)Bio Habitat 57.2 Bird Habitat (south of Site)Bio Habitat 60.1 Notes: World Health Organization recommends a limit of 100 dB for outdoor concerts and festivals. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5187664/ Butterfly Habitat (east of Site)Bio Habitat 53.0 Butterfly Habitat (east of Site)Bio Habitat 55.2 Butterfly Habitat (east of Site)Bio Habitat 56.7 Butterfly Habitat (east of Site)Bio Habitat 58.4 Library Library 42.3 Residence (north of Site)Residential 42.8 Residence (north of Site)Residential 42.2 Residence (northeast) of Site)Residential 43.9 Notes: Receiver locations were placed at the edge of the relevant properties closest to the Project Site Ice rink with loudspeaker music 75.0 SoundPLAN Library WHO Outdoor public address systems (presentation and music)100.0 537 Appendix B Transportation Assessment 538 539 101 Pacifica | Suite 300 | Irvine, CA 92618 | (949) 308-6300 | Fax (949) 859-3209 | www.fehrandpeers.com Transportation   Fehr & Peers was retained to examine the proposed Symphony of Flowers project (Project) with respect to the transportation concerns associated with temporary events, including parking demand and intersection queuing at Project access points, and the potential environmental impacts defined in Appendix G of the California Environmental Quality Act (CEQA), which identifies for specific questions: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? b) Conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b) – which relates to vehicle-miles-travelled? c) Substantially increase hazards due to a geometric design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? d) Result in inadequate emergency access? Existing Transportation System  Regional Travel Access to Huntington Beach Central Park (Park) is provided by Interstate 405 (San Diego Freeway), State Route 1 (Pacific Coast Highway), and State Route 39 (Beach Boulevard). The San Diego Freeway generally extends northwest to southeast, serving as a major freeway that connects Orange County and Los Angeles County. The Pacific Coast Highway is located approximately two miles south of the Park and provides regional access via Goldenwest Street. Beach Boulevard, a regional connector, is a six-lane roadway extending from Pacific Coast Highway in the City of Huntington Beach north to Whittier Boulevard in La Habra. Local Roadways  Goldenwest Street – A primary north-south arterial, ranging from five to six lanes. Between Slater Avenue and Ellis Avenue, it is classified as an augmented Primary with three lanes in each direction and a raised center median. The adopted speed limit is 50 mph, with daily traffic volumes around 27,000 vehicles adjacent to the Central Park.  Gothard Street – Bordering the park on the east, Gothard Street is a four-lane divided roadway. It has a speed limit of 40 mph and handles approximately 19,000 vehicles daily south of Talbert Avenue. Surrounding land uses include industrial and residential areas further from the park. 540 FEHR k PEERS November 2024 Page 2 of 18  Slater Avenue – This east-west arterial north of Central Park stretches from the Bolsa Chica Wetlands east to Santa Ana. It is a four-lane divided road with a speed limit of 45 mph, carrying around 21,000 daily vehicles west of Golden West Street.  Talbert Avenue – Extending east from Huntington Central Park, this road becomes MacArthur Boulevard in Santa Ana. West of Gothard Street, Talbert Avenue is a two-lane undivided street, functioning as a parking lot connector. East of Gothard, it expands to four lanes with a 35-mph speed limit, handling 17,000 daily vehicles.  Ellis Avenue – South of the park, Ellis Avenue is a three-lane road west of Golden West Street (one lane westbound and two lanes eastbound), expanding to four lanes east of Goldenwest Street to Gothard Street. The speed limit is 45 mph, with a daily traffic count of 9,000 vehicles near Central Park. Pedestrian and Bicycle Facilities Huntington Beach Central Park is surrounded by pedestrian facilities (Figure 1) that facilitate convenient access for visitors.  Along Goldenwest Street, sidewalks are present south of Slater Avenue and connect to the park’s pedestrian trail network at multiple entry points.  Slater Avenue, situated to the north of the park, features sidewalks extending from Goldenwest Street to Gothard Street. Along the northern boundary of Central Park East, the sidewalk connects to the internal pedestrian trail of the Park, east of Duello Lane.  Gothard Street, located along the eastern boundary of Central Park East, has a sidewalk south of Slater Avenue and ends at the northeast parking lot of Central Park East. Sidewalk along the west side of Gothard Street continues south from the intersection of Gothard Street and Talbert Avenue to Ellis Ave.  Along Talbert Avenue, sidewalks connect to the Central Park East pedestrian trails and park facilities at its terminus near the east Central Park East parking lot entrance, creating an accessible route for pedestrians traveling to and from Gothard Street. In addition to pedestrian facilities, all roadway segments immediately adjacent to Central Park East provide Class II bicycle facilities. 541 Figure 1 Sidewalk and Pedestrian Trail Connections Not to Scale EXISTING SIDEWALK PEDESTRIAN ACCESS TO PARK INTERNAL TRAIL SYSTEM SLATER AVENUE GO L D E N W E S T S T R E E T GO T H A R D S T R E E T TALBERT AVENUE 542 November 2024 Page 4 of 18 Public transportation The Project area is served by several Orange County Transportation Authority (OCTA) operated bus routes, which facilitate travel near the park for attendees relying on public transit. Key bus routes serving Central Park East include the following,  Route 25 provides north-south connectivity between Fullerton and Huntington Beach, operating along Goldenwest Street adjacent to Central Park East. This route offers direct service to the park’s vicinity.  Route 76 travels east-west between Huntington Beach and Irvine, offering connectivity to a variety of residential, commercial, and employment hubs. This route intersects with north-south transit corridors, facilitating connections for riders traveling from inland areas to the park, with stops near the park’s eastern boundary.  Route 29 operates along Beach Boulevard, a regional connector providing service from La Habra to Huntington Beach. Although Beach Boulevard is located further east of the park, it intersects with local arterial roads such as Talbert Avenue, providing indirect connectivity to Central Park East. 543 City of Huntington Beach General Plan (Adopted October 2, 2017) 3-19 Figure CIRC-4 Bus Route Map 544 <ii "' " :.: ur,mo sr.ns NAVPP WtAl-'lJ'!S, IAIJON (i! City of ;g ,./· 00 '1'/ES Seal Beach C _J ~ McFadden e Ave ~-'" "' ~UNllNG ENTR.IL PARK ,r•• . ..::Y --~I; Jf c.J? L EG END --Ma jor City Streets ----C ity Lim its Bus Route -Route 1 -Route66 • • • Route 21 •••Route 70 -Route25 -Route72 -Route 29 •••Route 76 -Route33 •••Route 178 -Route35 ■ • • Route 21 1 ••■Ro u te 64 -Route701 ' w~• 0 0 5 ,.~LES -- ., "' GJL.r.Er-1 '.'l[ST C J _L:bt City of Westminster in Ellis "' Ave '?i g ;,;; City of Fountain Valley w "' City of Costa Mesa Data Se u.re{': O;ate c001 pile-d by S·tantec B;;iso r,1u p So~rcc: Ci t·, tJf H-..n·.inglon Sc<1eh (2Q,1.t) Ii) November 2024 Page 6 of 18 Project Summary  The Project is a temporary event to be held at Huntington Beach Central Park East, offering an immersive evening experience featuring a water and light show, music, and art installations along pedestrian pathways as shown in the site plan (Figure 3). The event is designed to operate between dusk and approximately 11:00 PM during seasons of peak demand, with flexible scheduling to accommodate attendance, weather, and parking availability. The Project anticipates hosting up to four shows per evening, with an average attendance of 900 visitors per show and a maximum of 20 show nights per month over six months. Parking will be temporarily designated within the Central Park East lots, with accommodations for rideshare, public transit, bicycles, and pedestrian access. Figure 3 – Project Site Plan  Project Operation The Project is planned to operate during evening hours from dusk to 11:00 PM during seasons of peak demand (up to 4 shows per day), and from dusk to 9:00 PM or 10:00 PM during times of lower demand (2 to 3 shows per day). Show schedules are adaptable based on anticipated attendance, weather conditions, and available parking. Programming will typically occur from Thursday through Sunday, up to 20 days of operation monthly based on ticket sales. Operation of 545 November 2024 Page 7 of 18 the Project will be contingent on favorable weather, as the viewing area of shows is exposed to elements, and shows will not take place during adverse conditions. Experience of each show includes a seated viewing of approximately 25-30 minutes in duration, followed by an optional self-guided walking tour through designated pathways, allowing visitors to engage with attractions and art installations within the Project site. Visitors are expected to arrive 15-30 minutes prior to showtime and depart within 15-60 minutes after the end of a show (depending on time spent walking through the attractions). During show days of the Project, portions of the existing parking lots within Central Park East will be temporarily designated for event parking to accommodate visitors arriving in private vehicles. To enhance accessibility and efficient circulation, the Project will also allocate specific areas for rideshare, facilitating the use of rideshare services as an alternative mode of transportation. Additionally, visitors will have the option to arrive via public transit, on foot, or by bicycle, supported by the park’s existing pedestrian and cycling infrastructure, which connects to surrounding streets and the internal trail network. Project Attendance The Project is anticipated to attract an average of 900 visitors each show, roughly half of the maximum seating capacity. Although the travel behavior of visitors cannot be predicted precisely, the show promoters anticipate the majority (~70%) of visitors to originate from within a 30-mile radius, while some (~30%) are likely to originate from beyond the 30-mile radius. Given that the City of Huntington Beach frequently hosts a variety of special events and draws regional tourists, it is likely that some visitors may attend the Project as part of other activities in the city. In addition to visitors, approximately 50 employees would be present for each show day. Workers are expected between the hours of 7:00 am for show preparation and the conclusion of shows each day around midnight. The Project plans to hire employees locally who will travel only a short distance to and from the Project. Project Trip Generation Due to the unique nature of the Project, traditional trip generation data, such as those provided by the ITE Trip Generation Manual, is not relevant. In order to estimate the number of trips that would be generated by the Project, Fehr & Peers referenced data provided by the Project applicant related to the anticipated attendance. The Project expects approximately 900 visitors per show, who will travel to the Project site by a variety of modes including driving, rideshare, public transit, bicycling, and walking. Through managed parking and encouragement to carpool, the Project expects a maximum of 300 vehicle trips per show. This estimate does not account for further potential of reduced vehicle trips from transit and non-motorized travel. 546 November 2024 Page 8 of 18 Due to staggered showtimes and gradual arrival and departure, vehicle trips to and from the Project would be distributed across several hours. Based on these factors, a maximum of approximately 500 peak-hour trips (including overlapping of ingress and egress of visitors for different showtimes) is expected during the busiest periods. Project‐ Generated Vehicle Miles Traveled (VMT)   This section addresses the VMT implications of the Project to support the second question in the CEQA Appendix G, which is summarized at the end of this study. Evaluation Criteria and Methodology Since July 1, 2020, Level of Service (LOS), which is a measurement of the degree of congestion, is no longer allowable in determining a project’s effects on transportation under CEQA, and, instead, Vehicle Miles Traveled (VMT) was adopted as the appropriate metric to evaluate transportation impacts. The City of Huntington Beach follows the recommendations provided by the California Office of Planning and Research (OPR) in determining the significance of a project’s potential impacts on a project-by-project basis using a VMT methodology. However, those guidelines are applicable only to long-term changes in land use or infrastructure. Neither CEQA Guidelines (Section 15064.3) nor OPR’s recommendations1 identify whether or how VMT should be quantified or evaluated for a seasonal or temporary event. In the absence of applicable guidance, we evaluated the Project’s VMT compared to citywide conditions during other temporary events hosted by the City. The City of Huntington Beach is home to a wide variety of special events each year, regularly attracting visitors across the region. To understand historic travel during planned special events, we collected data in the form of anonymized location-based data (from 3rd party sources) to calculate the change in daily total VMT within the City of Huntington Beach. This data is sourced from cell phones and GPS units on individual vehicles. All trips beginning or ending within the City Boundary2 were first identified for periods during historic special events of a considerable attendance, then the average trip length of such trips was identified. By multiplying the number of trips and the average trip length, the total Citywide Daily VMT is calculated. In 2022, travel data during the various activities were analyzed to provide baseline estimates of citywide daily VMT (Table 1). 1 OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA, December 2018. 2 Including all internal trips, which begin and end within the City boundary. 547 November 2024 Page 9 of 18 Table 1 – Citywide Daily VMT (2022) Condition Average Trip Length (Miles) VMT/Day (Thousands) VMT/Day Relative to Baseline Mon-Thurs Non-Summer (Baseline) 6.75 8,065 100% Mon-Thurs in Summer (no event) 7.58 7,995 -1% Friday in Summer (no event) 7.42 8,801 +9% Saturday in Summer (no event) 9.33 9,132 +13% July 4th Weekend 8.40 7,906 -2% US Open of Surfing Weekend 9.13 8,866 +10% International Surfing Association (ISA) Surfing and Para surfing Weekend 8.15 8,178 +1% Association of Volleyball Professionals (AVP) Open Tournament Weekend 8.05 9,324 +16% Weekdays prior to Thanksgiving (Mon-Wed) 7.20 9,739 +21% Thanksgiving Weekend 8.60 9,021 +12% Pacific Airshow Weekend 9.15 9,815 +22% Source: Streetlight data for trips beginning and/or ending in Huntington Beach Note: 1. Summer data include an average of 2 consecutive weeks without special events in the month of July. Fluctuations in citywide daily VMT compared to non-summer weekdays range from a decrease of 2% to an increase of 22%. Project VMT can be estimated based on anticipated attendance (trips) and travel characteristics (trip distances). Each show is projected to draw approximately 900 visitors, with a maximum of 300 passenger vehicles expected per show. The Project proponents anticipate that 70% of visitors will originate from within a 30-mile radius, with an average of 15 miles per trip, while 30% will travel from beyond 30 miles, with an average trip length of up to 45 miles. Table 2 includes Project specific attributes to derive Project VMT. With a maximum of four shows per night, the Project would result in 28,800 VMT per show day. 548 1 I I [ I 1 I I [ I 1 I I [ I November 2024 Page 10 of 18 Table 2 – Project VMT Project Specifics Quantity Unit Total Vehicles per Show 300 Cars % of Visitors Within 30-Miles Radius 70% % Average Trip Length 15 Mile % of Visitors Beyond 30-Mile Radius 30% % Average Trip Length 45 Mile Total VMT per Show 7,200 VMT Maximum Shows per Night 4 Shows Total VMT per Show Day 28,800 VMT VMT Findings Citywide VMT, with the addition of Project VMT, would be approximately 8,094,000 (miles/day) during a non-summer weekday. This would be within the range of other events as described in Table 1 and would be less than that measured during past seasonal events, such as Thanksgiving holidays, Pacific Airshow, and the US Open of Surfing, which have caused temporary fluctuations in citywide daily VMT up to 9,815,000 (miles/day). Site Access and Parking Study Intersections While temporary, excessive congestion at intersections can pose operational hazards. To assess the effects of Project trips on the operation of nearby intersections, Fehr & Peers conducted a queuing assessment for all intersections and driveways providing access to the Central Park Library and Huntington Beach Sports Complex parking lot to evaluate their current operations. The list of study intersections are as follows, 1.Gothard Street & Talbert Avenue 2.Goldenwest Street & Talbert Avenue 3.Goldenwest Street & Driveway 1 (South of Talbert Avenue) 4.Goldenwest Street & Driveway 2 (South of Driveway 1) Data Collection To assess the existing conditions at the study intersections, turning movement counts were conducted on Friday, November 8th, between 6:00 PM and 10:00 PM. This data collection timeframe aligns with the typical evening period of the Project, concurrently with a production presented at the 318-seat Library Theater between 8:00 PM and 9:30 PM and while all the facilities at the Sports Complex were reserved with the latest booking at 9:00 PM to 10:00 PM, which contributed to localized traffic activity. 549 i I I I November 2024 Page 11 of 18 As this data collection was conducted on a weekday, the observed traffic volumes likely reflect worst-case estimates of the typical evening period for the area. These conditions provide a robust baseline for analyzing the proposed event by capturing a realistic range of evening traffic activity in the study area, including periods of heightened use associated with existing programming. Table 3 describes the patterns of inbound and outbound trips over the 4-hour data collection period. Similar distribution patterns are assumed for trips to and from the Project. Table 3 – Existing Trip Distribution Intersection No. Intersection Inbound Outbound 1 Gothard Street & Talbert Ave 68.1% 50.9% 2 Goldenwest Street & Talbert Ave 20.4% 31.5% 3 Goldenwest Street & Driveway 1 10.1% 14.2% 4 Goldenwest Street & Driveway 2 1.3% 3.4% Intersection Queuing with the Project The intersection queuing assessment accounts for visitor arrival within a 30-minute window before each show, and gradual departure over a 60-minute time window, resulting in a maximum overlap of 500 vehicle trips within a peak period. As a worst-case analysis, we evaluated a condition with all arrival and departure trips (600) overlapping and occurring within the peak period of ingress and egress (Table 4). Trips to and from the Project were proportionally added to existing turning movements according to existing ingress and egress patterns of Central Park East. The queuing analysis finds that the Project’s peak traffic conditions would not exceed the available storage lengths for any studied movements. At the intersection of Gothard Street & Talbert Avenue, the eastbound left-turn queue is projected to increase to 20 feet under the 95th percentile conditions with the Project, well within the available storage length of 80 feet. Similarly, the eastbound through queue at this intersection is anticipated to reach 55 feet, which does not conflict with through-lane capacities. At Goldenwest Street & Talbert Avenue, the southbound left-turn queue may extend to 20 feet, but this remains significantly below the 240-foot storage capacity. Overall, none of the analyzed movements show queuing impacts that exceed the designated storage lengths, ensuring the Project does not contribute to queuing spillbacks or operational inefficiencies during ingress or egress. 550 November 2024 Page 12 of 18 Table 4 – Queuing at Intersections With Project Trips Intersection No. Movement Existing 95th Percentile Queue (ft)* With Project 95th Percentile Queue (ft)* Storage Length (ft) 1 Eastbound Left Turn (Egress) 20 20 80 1 Eastbound Through (Egress) 20 60 - 1 Eastbound Right Turn (Egress) 0 20 80 1 Westbound Through (Ingress) 40 80 - 1 Northbound Left Turn (Ingress) 20 20 125 1 Southbound Right Turn (Ingress) 20 20 - 2 Eastbound Through/Right (Ingress) 20 20 100 2 Westbound Left Turn (Egress) 20 20 60 2 Westbound Through (Egress) 20 20 60 2 Westbound Right Turn (Egress) 20 40 60 2 Northbound Right Turn (Ingress) 0 20 - 2 Southbound Left Turn (Ingress) 20 20 240 3 Westbound Right Turn (Egress) - 20 100 3 Southbound Left Turn (Ingress) - 20 185 4 Northbound Right Turn (Ingress) - 0 - 4 Westbound Right Turn (Egress) - 20 100 * Values rounded up to the nearest 20 feet to represent a single passenger vehicle when 95th percentile queues are shorter then 20 feet Parking To estimate the availability of parking for the Project, an inventory was conducted on Friday, November 8th, between 8:00 PM and 8:30 PM. Timing of the data collection was selected to coincide with the theater production at the Library Theater between 8:00 PM and 9:30 PM. The production, combined with evening reservations at the Sports Complex, represented a period of heightened parking utilization during the evening period. The parking assessment found that 91 of 645 parking spaces adjacent to the Central Library were utilized, and of the 1,483 total parking spaces (combined with the Sports Complex), a total of 206, or roughly 14%, were occupied. Parking Demand Estimates Based on project show times, arrival and departure of visitors, and the number of workers present each day, Table 5 represents the anticipated parking demand of the Project over the course of a 551 i I I I I I I I i I I I I I I I i I I I I I I I November 2024 Page 13 of 18 typical evening, with a maximum demand of 429 spaces between shows. This demand would amount to approximately 30% of all designated parking spaces within the Central Park Library & Sports Complex parking lots. Table 5 – Project Parking Demand Time of Day Workers (30) Visitor (300) Total Parking Demand % of Total Parking Spaces (1,483) 1st Show 2nd Show 3rd Show 4th Show 5:30 pm 30 50% 180 12% 5:45 pm 30 100% 330 22% 6:00 pm 30 100% 330 22% 6:15 pm 30 100% 330 22% 6:30 pm 30 100% 330 22% 6:45 pm 30 100% 330 22% 7:00 pm 30 66% 50% 378 25% 7:15 pm 30 33% 100% 429 29% 7:30 pm 30 0% 100% 330 22% 7:45 pm 30 100% 330 22% 8:00 pm 30 100% 330 22% 8:15 pm 30 100% 330 22% 8:30 pm 30 66% 50% 378 26% 8:45 pm 30 33% 100% 429 29% 9:00 pm 30 0% 100% 330 22% 9:15 pm 30 100% 330 22% 9:30 pm 30 100% 330 22% 9:45 pm 30 100% 330 22% 10:00 pm 30 66% 50% 378 26% 10:15 pm 30 33% 100% 429 29% 10:30 pm 30 0% 100% 330 22% 10:45 pm 30 100% 330 22% 11:00 pm 30 100% 330 22% 11:15 pm 30 100% 330 22% 11:30 pm 30 66% 228 15% 552 No v e m b e r 2 0 2 4 Pa g e 1 4 o f 1 8 11 : 4 5 p m 3 0 33 % 1 2 9 9% 12 : 0 0 pm 30 0% 30 2% Fi g u r e 6 p r o v i d e s a v i s u a l i z e d r e p r e s en t a t i o n o f t h e P r o j e c t ’ s p a rk i n g d e m a n d o v e r a t y p i c a l ev e n i n g . Ta b l e 6 – P r o j e c t P a r k i n g D e m a n d V i s u a l i z e d Co n s i d e r i n g t h e P r o j e c t ’ s p r o j e c t e d d e m a n d a n d c u rr e n t p a r k i n g u s a g e , v i s i t o r p a r k i n g w i l l b e ad e q u a t e l y a c c o m m o d a t e d a t t h e ex i s t i n g C e n t r a l P a r k L i b r a r y an d H u n t i n g t o n B e a c h S p o r t s Co m p l e x p a r k i n g l o t s . T h e s e f a c i l i t i e s a r e p r i m a r il y u s e d f o r d a y t i m e a c t i v i t i e s a n d c a n t h u s pr o v i d e c o m p l e m e n t a r y p a r k i n g f o r n i g h t t i m e e v e n t s . I n i n s t a n c e s w h e r e a c t i vi t i e s a t t h e S p o r t s Co m p l e x o v e r l a p , t h e P r o j e c t ’ s p e a k p a r k i n g r e q u i r em e n t o f 4 2 9 s p a c e s c a n s t i l l b e m e t w i t h i n t h e al l o c a t e d p a r k i n g s p a c e s a t t h e C e n t r a l P a r k L i b r ar y , t h e r e b y m a i n t a i n i n g t h e a v a i l a b i l i t y o f m o s t sp a c e s a t t h e S p o r t s C o m p l e x . Em e r g e n c y A c c e s s Ex i s t i n g E m e r g e n c y A c c e s s I n f r a s t r u c t u r e Ce n t r a l P a r k E a s t i s b o r d e r e d b y s e v e r a l a r t e r i a l r o a d w a y s , i n c l u d i n g G o ld e n w e s t S t r e e t , G o t h a r d St r e e t , T a l b e r t A v e n u e , a n d E l l i s A v e n u e , w h i c h co l l e c t i v e l y p r o v i d e r o b u s t r e g i o n a l a n d l o c a l ac c e s s t o t h e P r o j e c t s i t e . T h e s e r o ad w a y s , a s n o t e d i n t h e C i t y ' s G e n e r a l P l a n C i r c u l a t i o n E l e m e n t , ar e k e y c o m p o n e n t s o f t h e C i t y ' s t r a n s p o r t a t i on n e t w o r k t o a c c o m m o d a t e e m e r g e n c y r e s p o n s e  ‐  20 0  40 0  60 0  80 0  1, 0 0 0  1, 2 0 0  1, 4 0 0 4: 4 8 6 : 0 0 7 : 1 2 8 : 2 4 9 : 3 6 1 0 : 4 8 1 2 : 0 0 Parking Demand Ti m e  (p m ) Pr o j e c t  Pa r k i n g  De m a n d 55 3 + + + + + + + + + + + + + + November 2024 Page 15 of 18 vehicles. The park’s internal circulation system, including multiple entry points and pathways, further enhances accessibility for emergency services. Project-Specific Emergency Access Measures During the Project's operations, emergency access will be maintained through designated ingress and egress points to ensure unobstructed movement of emergency vehicles. Temporary fencing installed around the Project site will include dedicated access points reserved for emergency use, which are aligned with the existing internal pathways within Central Park East. These pathways will remain accessible to accommodate emergency response vehicles. As prescribed by the specific events application process, approval of the Project would be contingent on compliance with “fire and safety requirements or standards of all of the ordinances of the City of Huntington Beach or the State of California applicable3, and the activity must not “interfere with or unreasonably obstruct the free flow of vehicular traffic or other means of travel on any public street, or with pedestrian traffic on the sidewalk”. The Project’s evacuation plan is provided as Figure 4. Consistency with Existing Plans The City of Huntington Beach General Plan Circulation Element emphasizes the importance of maintaining roadway operations that support safe and efficient emergency access. The Project aligns with this objective by utilizing the existing roadway network, maintaining clear access routes, and avoiding any permanent modifications to the circulation system that could impede emergency response times. Furthermore, the Local Hazard Mitigation Plan (LHMP) identifies the need to ensure emergency access in areas prone to natural disasters, such as wildfires or flooding. The Project’s operational hours, maintenance of clear travel paths, and weather-contingent programming reduce the likelihood of such risks impacting emergency access. 3 City of Huntington Beach Municipal Code Section 13.54.140 554 TUNNEL OF LIGHTS BOX OFFICE TECHNICAL ROOM VIP TERRACE + F&B BLEACHER 2062 SEATS LANTERN FLOWERS AREA LEGEND 8' TEMPORARY FENCE 4' TEMPORARY FENCE FOOTPATH SECTIONAL TABLE + CHAIR FLOWERS GATHERING POINT EMERGENCY VEHICLES ACCESS EMERGENCY EXIT Foot - Meter = 0.3048m (30.48cm) Meter - Foot = 3.2808399' (3' 3- 3 8") (39 3 8") Foot² - Meter² = 0.092900304 Meter² - Foot² = 10.76391 SCALE: PAPER SIZE: CONVERSION TABLE: UNIT:SYMPHONY OF FLOWERS HUNTINGTON BEACH (CA) 2025 SITE:LAYOUT:SERIE: CIVIC ADDRESS:SURVEY SOURCE: ALTITUDE: COORDINATES: TYPE OF TERRAIN: ZONING PERIMETER: ------ --- ---------- ---- ---- ILLUMI DIRECTORS: PROJECT MANAGER: DRAFTER: STAGE: CREATION DATE: (dd/mm/yyyy) VERSION:REVISION: VERSION DATE: (dd/mm/yyyy) PRELIMINARY 19/09/2024 22/11/2024 V01 r01 --- Alex Jocelyn Langelier (VP Production) Normand Latourelle (Producer) ARCH FULL BLEED E (36''x48'') FT (m) This plan is subject to change based on Production and Artistic needs. E1001'' = 25'SITE EVACUATION PLAN SCALE 0 FEET 2 4 6 8 2010 30 METERS 0 1 2 3 4 5 10 555 Cu - D November 2024 Page 17 of 18 Impact Analysis  Appendix G – Hazards & Hazardous Materials f) Would the Project impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? No Impact. The Project would not result in alteration or obstruction of existing emergency access to Central Park East. Within the Project’s boundary, a site evacuation plan has been developed compliant with City’s Municipal Code fire and safety requirements. Although the Project would be enclosed by temporary fencing, evacuation routes and exits will be maintained at multiple openings which align with existing pedestrian trails. Designated gathering points outside of the Project’s immediate boundary will be maintained for evacuees and emergency personnel during emergencies. Appendix G – Transportation Would the Project: a) Conflict with a program, plan, ordinance, or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? No Impact. As the Project would operate entirely within the boundaries of the Central Park and does not propose any permanent change to the existing transportation system, it would not conflict with the City’s Circulation Element of the General Plan. The Project, as a temporary event, is subject to the Special Events policies as described in the City of Huntington beach Municipal Code section 13.54. Approval of the Project’s operation would require full compliance with the requirements within the City’s Specific Event Permit Application process and all relevant ordinances by extension. b) Would the Project conflict or be inconsistent with CEQA Guidelines Section 15064.3, subdivision (b)? No Impact. Section 15064.3 of the CEQA Guidelines identifies the need for evaluating VMT changes associated with either a land development project or a permanent change in transportation infrastructure. The Guidelines do not identify whether and how VMT should be measured or evaluated for a seasonal or temporary event. Although temporary, the Project would result in an increase in visitors to Central Park East. The majority (~70%) of visitors are expected to travel from within a 30-mile radius, while some (~30%) are likely to travel further. Visitors who travel by passenger car would be encouraged to carpool, while others who travel by transit or non-motorized modes would be supported by the existing circulation network. Based on expected attendance and travel characteristics, VMT generated by 556 November 2024 Page 18 of 18 the Project would be lower than periodic fluctuations in citywide VMT for seasonal and planned special events including travel as measured during past Thanksgiving holiday, Pacific Airshow, and the US Open of Surfing. Furthermore, the Project does not introduce any permanent changes to land use or transportation infrastructure. Under CEQA Guidelines Section 15064.3, subdivision (b), VMT assessments prioritize long-term impacts, whereas this Project is temporary and utilizes existing infrastructure. Due to the Project’s temporary nature, support by existing infrastructure, and that the estimated VMT is fewer in comparison to fluctuations in daily VMT during other activities, the Project should be considered to have a less than significant impact on VMT and consistent with CEQA Guidelines Section 15064.3 subdivision (b). c) Would the Project substantially increase hazards due to a geometric design features (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? No Impact. The Project would not result in any permanent changes to the transportation system and no structures or other features would block access or change geometric conditions. d) Would the Project result in inadequate emergency access? No Impact. The CEQA Guidelines do not provide a protocol or threshold-of-significance to evaluate evacuation conditions for a temporary gathering of people (only permanent land use change). As such, an evaluation of the Project’s operation and evacuation plans was conducted to ensure consistency with applicable plans regarding emergencies. The Project would not result in modifications to existing access to Central Park East, and emergency access routes will be maintained through the existing network of roadways and internal pathways. The Project’s operation will comply with fire and safety requirements as mandated by the City’s Special Event Permit process. Additionally, the Project has coordinated with appropriate response agencies in development of a site evacuation plan which includes evacuation routes for visitors and gathering locations for visitors and emergency response personnel. These measures ensure that the Project would not impede emergency response or evacuation plans. 557