HomeMy WebLinkAboutHuntington Beach Police and Community Foundation - 2025-05-06 (2) ���ssirusTo 2000 Main Street,
toli<c <;;Z./k Huntington Beach,CA
City of Huntington Beach APPROVED
92648 6-0-1
vc• - , ova (GRUEL-ABSENT)
File#: 25-331 MEETING DATE: 5/6/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Travis Hopkins, City Manager
VIA: Eric Parra, Chief of Police
PREPARED BY: Thoby Archer, Lieutenant and Kimberly Rodriguez, Management Analyst
Subject:
Adopt Resolution No. 2025-28 and approve and authorize execution of Agreement between the City
of Huntington Beach and the Huntington Beach Police and Community Foundation for the Transfer of
Ownership of the Huntington Beach Police Department Training Center
Statement of Issue:
The Huntington Beach Police and Community Foundation (HBPCF), a non-profit organization with an
active Memorandum of Understanding (MOU) with the City, recently completed construction of the
Huntington Beach Police Department (HBPD) Training Center. The facility, located on City-owned
property, was made possible through a successful capital campaign led by the HBPCF, with
significant financial and in-kind contributions from members of the community.
In recognition of the community's strong support and the Foundation's ongoing partnership with the
City, the HBPCF desires to transfer ownership of the facility to the City of Huntington Beach in its as-
is condition. This transfer will allow the City to assume responsibility for the long-term operation and
maintenance of the Training Center.
City Council is requested to adopt Resolution No. 2025-25 and approve the agreement between the
City of Huntington Beach and the HBPCF that formalizes this donation. The agreement has been
executed by the authorized representatives of the HBPCF and approved as to form by the City
Attorney's office. Acceptance of this donation ensures continued public benefit from the facility and
reflects the City's ongoing commitment to public safety training and community collaboration.
Financial Impact:
There is no cost associated with accepting the facility improvements. Future operational and
maintenance costs will be absorbed by the Police Department's existing budget. Staff will assess
long-term needs and incorporate them into future budget planning as appropriate.
Recommended Action:
City of Huntington Beach Page 1 of 3 Printed on 4/30/2025
powered by LegistarTN
163
File#: 25-331 MEETING DATE: 5/6/2025
A) Adopt Resolution No. 2025-28, "A Resolution of the City Council of the City of Huntington Beach
Accepting the Donation of Improvements to City Owned Real Property from the Huntington Beach
Police and Community Foundation"; and
B) Approve and authorize the Mayor and City Clerk to execute the "Donation Agreement By and
Between the City of Huntington Beach and the Huntington Beach Police and Community
Foundation," for the transfer of ownership for the Huntington Beach Police Department Training
Center.
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The HBPD Training Center provides an essential resource for police officer training, scenario-based
exercises, and continuing education. Having the facility under City ownership will ensure alignment
with the City's long-term public safety strategies and provide direct oversight of operations and
maintenance.
The transfer agreement provides a formal mechanism to accept the donation of improvements
without encumbering the City with new construction costs. The building was funded entirely by the
HBPCF through a capital campaign and constructed on City-owned land with the City's knowledge
and cooperation.
By assuming ownership, the City will have full operational control of the facility and can integrate it
into the City's asset management and capital improvement planning processes. The City Attorney's
office has reviewed the proposed terms and has finalized an agreement to ensure proper legal
transfer of the improvements and liability protection for the City.
The agreement and resolution are consistent with the existing MOU between the City and HBPCF,
and both parties are committed to maintaining a positive and productive relationship.
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 8 - Public Safety, Strategy B - Bolster City's emergency management preparedness and
response plans to ensure seamless public safety response during crisis events.
For details, visit www.huntingtonbeachca.gov/strategicplan
Attachment(s):
1. Donation Agreement between the City of Huntington Beach and the Huntington Beach Police
City of Huntington Beach Page 2 of 3 Printed on 4/30/2025
powered by Legistar"
164
File#: 25-331 MEETING DATE: 5/6/2025
and Community Foundation
2. Resolution No. 2025-28
•
City of Huntington Beach Page 3 of 3 Printed on 4/30/2025
powered by LegistarTM
165
}
DONATION AGREEMENT BY AND BETWEEN THE CITY OF
HUNTINGTON BEACH AND THE HUNTINGTON BEACH
POLICE AND COMMUNITY FOUNDATION
This Donation Agreement(the "Agreement") is made and entered into by and between
the City of Huntington Beach, a California municipal corporation and charter city ("City"), and
the Huntington Beach Police and Community Foundation, a California nonprofit corporation,
("Donor").
RECITALS
City and Donor are parties to that certain Memorandum of Understanding dated March 5,
2024; and
Donor has engaged in a large capital campaign and constructed a training facility
("Facility") on City property; and
Donor desires to donate and City desires to accept the Facility as described herein,
AGREEMENT
NOW, THEREFORE, in consideration of the agreements herein contained and for other
good and valuable consideration, the receipt and adequacy of which are hereby acknowledged,
the parties hereby agree as follows:
1. Effective Date.
This Agreement shall be effective upon adoption of the Resolution on the date it is
approved by the City Council of City ("Effective Date").
2. Donation.
In accordance with and subject to the terms and provisions of this Agreement, Donor is
willing to donate the Facility to the City in its as-is condition. Donor represents and warrants that
the Facility is in good working order and condition. Other than as expressly set forth in this
Agreement, (a)the City acknowledges and agrees that City is acquiring the Facility in its "AS
IS" condition, with all faults, if any, and without any warranty, express or implied, and (b)
neither Donor nor any agents, representatives, or employees of Donor have made any
representations or warranties to the City or the City's Agents with respect to the condition,value,
fitness, or use of the Facility upon which the City has relied directly or indirectly for any
purpose. The City acknowledges that it has been afforded the opportunity to make such
inspections as it desires of the Facility and to obtain information regarding operative or proposed
governmental laws and regulations to which the Facility is or may be subject.
Except for those terms and provisions which expressly survive the termination of this
Agreement, the City hereby completely releases and forever discharges Donor, Donor's
employees, agents, or any other person acting on behalf of Donor, (collectively, the
"Indemnitees") from and against all claims, actions, causes of action, demands, rights, damages,
costs, expenses or compensation whatsoever, direct or indirect, known or unknown, foreseen or
unforeseen (collectively, "Claims") arising from or in any way growing out of or connected with
the physical condition of the Facility or any law or regulation applicable thereto (collectively,the
"Released Matters"). In connection with such waiver and relinquishment,the City acknowledges
that it is aware that it hereafter may discover Claims or facts in addition to or different from
those which it now knows or believes to exist with respect to the Released Matters, but that it is
the City's intention to fully, finally and forever to settle and release all of the Released Matters in
accordance with the provisions of this Section 2, and the release set forth herein shall be and
remain in effect as a full and complete release notwithstanding the discovery or existence of any
such additional or different Claims or facts. The foregoing release of Claims shall be binding on
the City and all subsequent owners, lessees and other transferees of the Facility.
In connection with this Section 2, the City expressly waives the benefits of Section 1542
of the California Civil Code which provides as follows:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE
CREDITOR DOES NOT KNOW OR EXPECT TO EXIST IN HIS FAVOR AT THE
TIME OF EXECUTING THE RELEASE,WHICH IF KNOWN TO HIM MUST HAVE
MATERIALLY AFFECTED THE SETTLEMENT WITH THE DEBTOR."
City's Initials
3. Assignment and Conveyance.
Donor understands and acknowledge that the Facility may be subsequently conveyed by
the City to a third party. There is no limitation on City regarding its subsequent use or
conveyance of the Facility.
4. Additional Representations and Warranties.
City warrants that this Agreement constitutes a binding obligation of City. Donor
warrants that this Agreement constitutes a binding obligation of Donor. Donor warrants that it
has the right to transfer the Facility as described herein, and that the improvements are free from
any liens, encumbrances, or other claims; and Donor will execute and deliver to City any
additional documents that may be necessary to effect the transfer of title to the Facility, including
but not limited to a deed, release, or other instrument of conveyance.
5. Other Agreements.
If requested by Donor, City agrees to cooperate with Donor's determination of the fair
market value of the Facility by an appraisal to be commissioned by and performed solely for
Donor's purposes. City is under no obligation to confirm or agree upon any value derived from
an appraisal conducted by Donor. Donor will obtain independent tax counsel and is solely
responsible for compliance with the gift substantiation requirements of the tax code. City's
obligation will be to acknowledge receipt of a donation of the Property by executing appropriate
IRS Forms. City acknowledges that it has not provided Donors with anything of value in
exchange for the Facility.
6. Possession of the Facility.
Possession and control of the Facility shall be delivered to City immediately upon
approval of this Agreement by the City Council of City.
7. Attorneys' Fees.
Should either party institute any action or proceeding to enforce any provision of this
Agreement or for damages by reason of an alleged breach of any provision hereof, each party
shall bear its own costs and'attorney's fees. The prevailing party shall NOT be entitled to receive
any or all costs and expenses, including reasonable attorneys', consultants and expert witness
fees incurred by such prevailing party in connection with such action or proceeding, at trial and
on any appeal.
8. Assignment and Successors.
This Agreement shall inure to the benefit of and shall be binding upon the parties to this
Agreement and their respective heirs, successors, and assigns.
9. Notices.
All notices (including requests, demands,approvals or other communications)under this
Agreement shall be in writing. The place for delivery of all notices given under this Agreement
shall be as follows:
Donor: City:
Huntington Beach Police and Community Foundation City of Huntington Beach
PO Box 4538 2000 Main Street
Huntington Beach,CA 92605 Huntington Beach, CA 92648
Attn: Police Chief
or to such other addresses as Donor and City may respectively designate by written notice to the
other.
10. Entire Agreement.
The parties have herein set forth the whole of their agreement. The performance of this
agreement constitutes the entire consideration for said document and shall relieve City of all
further obligation or claims.Donor has no other right or claim to compensation arising out of or
connected with the acquisition of the Facility by City.
11. Further Assurances.
Whenever requested to do so by the other party, each party shall execute, acknowledge
and deliver all further conveyances, assignments, confirmations, satisfactions, releases,powers
of attorney, instruments of further assurance, approvals, consents and all further instruments and
documents as may be necessary, expedient, or proper in order to complete all conveyances,
transfers, sales, and assignments under this Agreement, and do all other acts and to execute,
acknowledge, and deliver all documents as requested in order to carry out the intent and purpose
of this Agreement.
12. Severability.
If any term or provision of this Agreement shall,to any extent, be held invalid or
unenforceable,the remainder of this Agreement shall not be affected.
13. Counterparts.
This Agreement and any amendments hereto may be executed in any number of
counterparts and by each party in separate counterparts, each of which when so executed and
delivered shall be deemed an original and all of which taken together shall constitute one and the
same instrument.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement by and
through their authorized officers on ril 1 to , 2025. '
4 Al'PRWEb 6%1&Ty Cntkrar0ki I'ih bs 2025
DONOR CITY
BY /4.„Z
PR i ay. or
I � mte,A
Ka,-
.
Its:
City Clerk S�/3P��
Uf Cam- �1V� 1
APPROVE AS TO FORM:
•
City Attorney
INITIA AN A P OVED:
olice Chief
REVIEWED AND APPROVED:
G1 . 41
City Manager
RESOLUTION NO. 2025-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ACCEPTING THE DONATION OF IMPROVEMENTS
TO CITY OWNED REAL PROPERTY FROM THE HUNTINGTON BEACH
POLICE AND COMMUNITY FOUNDATION
WHEREAS, the City of Huntington Beach ("City") and the Huntington Beach Police and
Community Foundation ("HBPCF") are parties to that certain Memorandum of Understanding
dated March 5, 2024; and
HBPCF is a duly incorporated California non-profit corporation, that assists and
promotes public safety; and
HBPCF has engaged in a large capital campaign and erected a training facility
("Facility") on City property; and
HBPCF has offered to donate and transfer ownership of the Facility to City, so that the
City can operate and maintain the Facility,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
1. Acceptance of the Facility. The City hereby accepts and acquires all right, title,
and interest in and to the Facility on the City owned real property located at 18391 Gothard
Street, Huntington Beach, California, as more particularly described in the List of Improvements
attached hereto as Exhibit"A" and incorporated herein by this reference.
2. Consideration. The Facility is donated by HBPCF to City at no cost to City.
3. Transfer of Title. HBPCF warrants that it has the right to transfer the Facility as
described herein, and that the improvements are free from any liens, encumbrances, or other
claims; and HBPCF will execute and deliver to City any additional documents that may be
necessary to effect the transfer of title to the Facility, including but not limited to a deed, release,
or other instrument of conveyance.
4. Risk of Loss. The City accepts the risk of loss or damage to the Facility upon the
effective date of this Resolution.
5. Representations and Warranties. HBPCF represents and warrants that the Facility
is in good working order and condition. City acknowledges that it has had the opportunity to
inspect the Facility and is accepting it "as is" and "where is," except as otherwise provided
herein.
RESOLUTION NO. 2025-28
6. Severability. If any provision of this Resolution is held to be invalid or
unenforceable, such provision shall be struck and the remaining provisions shall remain in full .
force and effect.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Huntington
- Beach at a regular meeting thereof held on Al ( , 2025.
L
Mayor
ATT S : APPROVED AS TO FORM:
x4t,Ar
Ci Clerk City Attorney
INITIAT AND Al PROVED: REVIEWED AND APPROVED:
• J
Chie ice 'City Manager
2
25-16088/373568
RESOLUTION NO. 2025-28
Exhibit A: List of Improvements
The 23,100 square foot project site was completed in two phases:
Phase 1: K9 Training Field
6,000 sq. ft. facility:
o Synthetic turf
o Fencing, gates, and electrical infrastructure
o Field lighting for night training
o K9 obstacle course equipment a hot boxes
o Shade structure with viewing bleachers
o A tribute to K9 Kim, who was killed in the line of duty in 1991
o Agility training equipment donated through an Eagle Scout service project by
Dominic Ureno & Tyler Zafra
Phase 2: Simunitions & Tactical Training Building
A 2,500 sq. ft. training facility designed for specialized law enforcement training
Key features include:
o Movable interior wall system for dynamic training
o Tear gas training container for controlled simulations
o Interior camera & sound system for training analysis
o Fuji mats for physical training
o Breaching door for SWAT exercises
o Flagpole & obstruction lights
A donor wall honors project partners and highlights engraved shields with personal dedications.
3
25-16QQ8/373568
Res. No. 2025-28
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, LISA LANE BARNES, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing resolution was passed and adopted
by the affirmative vote of at least a majority of all the members of said City Council
at a Regular meeting thereof held on May 6, 2025 by the following vote:
AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Williams
NOES: None
ABSENT: Gruel
ABSTAIN: None
City Clerk and ex-officio Clerk of the
City Council of the City of
Huntington Beach, California
0i# •\.Y,..r,,cr—_ CITY OF
�.• . o,,,
HUNTINGTON BEACH
O'
pUhiTy /� 9
\ �F `` . Lisa Lane Barnes I City Clerk
�Ns
�s®O
May 13, 2025
Huntington Beach Police and Community Foundation
PO Box 4538
Huntington Beach, CA 92605
To Whom It May Concern:
Attached for your records are executed copies of the Donation Agreement By and Between the
City of Huntington Beach Police and Community Foundation and Resolution No. 2025-28,
approved by the Huntington Beach City Council on May 6, 2025.
Sincerely,
0;44,0%6 ram' •
Lisa Lane Barnes
City Clerk
•
LLB:ds
Enclosure
ti
Office: (714)536—5405 I 2000 Main Street, Huntington Beach,CA 92648 I www.huntingtonbeachca.gov