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HomeMy WebLinkAbout6-17-2025 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: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. Please be advised that the rules concerning decorum, including the prohibition on members of the audience and speakers wearing or displaying signs or materials that obstruct the view of other audience members, remain in effect at the Library location. Signs shall remain with the holder and shall not be placed in the 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 interested in commenting on agenda-related items may submit a written (supplemental) communication to the City Council via email at SupplementalComm@SurfCity-hb.org. Supplemental Communications are considered public record. Communications received by 5:00 PM Monday prior to the City Council meeting will be distributed to the City Council, posted to the City website, and announced at the City Council meeting, though not read. Please note that Supplemental Communications can only be submitted to SupplementalComm@SurfCity-HB.org. Communications received Monday after the 5:00 PM deadline will only be included in the administrative record. 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, June 17, 2025 4:30 PM - Closed Session 6:00 PM - Regular Meeting Central Library - Lower Level Theater 7111 Talbert Avenue Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL PAT BURNS, Mayor CASEY MCKEON, Mayor Pro Tem ANDREW GRUEL, Councilman DON KENNEDY, Councilman BUTCH TWINING, Councilman GRACEY VAN DER MARK, Council Woman CHAD WILLIAMS, Councilman STAFF TRAVIS HOPKINS, City Manager MIKE VIGLIOTTA, City Attorney LISA LANE BARNES, City Clerk ALISA BACKSTROM, City Treasurer 1 AGENDA June 17, 2025City Council/Public Financing Authority 4:30 PM - CENTRAL LIBRARY LOWER LEVEL THEATER CALL TO ORDER ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Councilman Gruel has requested permission to be absent from this meeting. 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 25-4931.CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 10449 Adams Avenue, Huntington Beach, CA 92646 Agency negotiator: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore and Moon Valley Nurseries (Not Present). Under negotiation: Price and terms of payment. 25-4942.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1) -ACLU Brown Act Cease and Desist Letter. Page 1 of 6 2 AGENDA June 17, 2025City Council/Public Financing Authority 25-4953.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). 25-4964.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 25-4975.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 25-4986.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025-01470582. 6:00 PM – CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams Pursuant to Resolution No. 2001-54, Councilman Gruel has requested permission to be absent from this meeting. 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. 25-3927.Huntington Beach Fire Department Chaplain Jeff Lopez PLEDGE OF ALLEGIANCE CLOSED SESSION REPORT BY CITY ATTORNEY Page 2 of 6 3 AGENDA June 17, 2025City Council/Public Financing Authority 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. 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 Page 3 of 6 4 AGENDA June 17, 2025City Council/Public Financing Authority CONSENT CALENDAR (Items 8 - 14) City Clerk 25-4658.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 3, 2025. Recommended Action: City Manager 25-4649.Approve the appointments of Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham to the City Celebration Committee as recommended by City Council Liaisons Mayor Pro Tem Casey McKeon and Councilman Butch Twining Approve the appointments of Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham to the City Celebration Committee. Committee members will serve until their respective successors are appointed and qualified. The Council Liaison has the power to recommend replacement members for any vacancies. Recommended Action: Finance 25-48310.Approve for Adoption Ordinance No. 4337 Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services - Approved for Introduction June 3, 2025, by a Vote of 7-0 Adopt Ordinance No. 4337, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services” Recommended Action: Fire 25-48211.Approve for Adoption Uncodified Ordinance No. 4336 Adopting the Fire Hazard Severity Zones - Approved for Introduction June 3, 2025, by a Vote of 7-0 Approve for adoption Uncodified Ordinance No. 4336, “An Ordinance of the City Council of the City of Huntington Beach Adopting Fire Hazard Severity Zones.” Recommended Action: Public Works Page 4 of 6 5 AGENDA June 17, 2025City Council/Public Financing Authority 25-39812.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Full Swing Construction Inc. in the amount of $1,099,477 for the Police Department Women’s Locker Room Improvement Project, CC-1708; Reject bids 1-7; and Authorize 20% in contingency funds A) Accept the lowest and responsible bid submitted by Full Swing Construction Inc. in the amount of $1,099,477; and B) Reject bids 1-7, as a result of formal bid protest; and C) Authorize the Director of Public Works to Approve change orders up to 20% contingency in potential construction change orders; and D) Authorize the Mayor and City Clerk to execute a construction contract with Full Swing Construction Inc. in a form approved by the City Attorney. Recommended Action: 25-39313.Approve the Fiscal Year 2023/24 Infrastructure Fund Annual Report Approve the Infrastructure Fund Annual Report for Fiscal Year 2023/24. Recommended Action: 25-40714.Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70 for the Fiscal Year 23/24 Sewer Lining Project, CC-1777; and Approve an appropriation of $525,000 from the Sewer Service Fund A) Accept the lowest responsive and responsible bid submitted by Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70; and B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C) Appropriate $525,000 from the Sewer Service Fund (511) to Account 51189024.82600. Recommended Action: ADMINISTRATIVE ITEMS 25-48615.Adopt Resolution No. 2025-47 Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers’ Association by Adopting a Side Letter of Agreement Page 5 of 6 6 AGENDA June 17, 2025City Council/Public Financing Authority Adopt Resolution No. 2025-47, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Police Officers’ Association (POA) by Adopting the Side Letter of Agreement.” Recommended Action: 25-49916.Response Regarding Cease and Desist Letter Alleging Brown Act Violations Without admitting any violation of the Ralph M. Brown Act, the City of Huntington Beach hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in the letter from the ACLU dated May 22, 2025 , and analysis section of this staff report . Recommended Action: CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, July 1, 2025. Meeting location information will be included on the July 1, 2025, City Council Agenda due to construction at City Council Chambers. 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 6 of 6 7 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-493 MEETING DATE:6/17/2025 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 10449 Adams Avenue, Huntington Beach, CA 92646 Agency negotiator: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore and Moon Valley Nurseries (Not Present). Under negotiation: Price and terms of payment. City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-494 MEETING DATE:6/17/2025 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1) -ACLU Brown Act Cease and Desist Letter. City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-495 MEETING DATE:6/17/2025 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-496 MEETING DATE:6/17/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-497 MEETING DATE:6/17/2025 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-498 MEETING DATE:6/17/2025 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Protect HB v. City of Huntington Beach; OCSC Case No.: 30-2025- 01470582. City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-392 MEETING DATE:6/17/2025 Huntington Beach Fire Department Chaplain Jeff Lopez City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-465 MEETING DATE:6/17/2025 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 June 3, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of June 3, 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. June 3, 2025 CC/PFA regular meeting minutes City of Huntington Beach Printed on 6/11/2025Page 1 of 1 powered by Legistar™ 15 Minutes City Council/Public Financing Authority City of Huntington Beach Tuesday, June 3, 2025 4:30 PM – Lower Level Theater 6:00 PM – Lower Level Theater Central Library, 7111 Talbert Avenue Huntington Beach, California 92648 A video recording of the 4:30 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 — CENTRAL LIBRARY LOWER LEVEL THEATER CALLED TO ORDER — 4:30 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None Mayor Burns read titles for Closed Session Item #1 25-445 regarding Conference with Labor Negotiators and Employee Organization: Marine Safety Management Association (MSMA); Item #2 25-446 regarding Conference with Labor Negotiators and Employee Organization: Surf City Lifeguard Employees' Association (SCLEA); Item #3 25-447 regarding Conference with Real Property Negotiators Property: regarding price and terms of payment for Surf City Store LLC (not present); and Item #4 25-448 regarding Conference with Real Property Negotiators Property: regarding price and terms of payment with Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore (not present). A motion was made by Van Der Mark, with a second by McKeon, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:32 PM CLOSED SESSION 1. 25-445 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Marine Safety Management Association (MSMA). 16 Council/PFA Regular Meeting Minutes June 3, 2025 Page 2 of 21 2. 25-446 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Director of Human Resources; Mike Vigliotta, City Attorney and Robert Torrez, Interim Chief Financial Officer. Employee Organization: Surf City Lifeguard Employees’ Association (SCLEA). 3. 25-447 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 60 Main Street, Huntington Beach, CA 92648 City Negotiators: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Persons to be negotiated with: (Not Present) Surf City Store LLC Under negotiation: Price and terms of payment 4. 25-448 CONFERENCE WITH REAL PROPERTY NEGOTIATORS Property: 10449 Adams Avenue, Huntington Beach, CA 92646 City Negotiators: Travis Hopkins, City Manager; Kriss Casanova, Economic Development Manager; Steve Holtz, Deputy Director of Community Development; Jennifer Villasenor, Director of Community Development. Negotiating parties: Persons to be negotiated with: (Not Present) Rex & Larry Gilmore, Eric Johnson & Ryan Gilmore Under negotiation: Price and terms of payment 5. 25-457 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Alison-Mayne (Cooper), et al. v. City of Huntington Beach; OCSC Case No.: 30-2025-01475070-CU-WM-NJC. 6:00 PM - CENTRAL LIBRARY LOWER LEVEL THEATER RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None 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. 6. 25-391 Huntington Beach Police Chaplain Bob Ewing PLEDGE OF ALLEGIANCE — Led by Councilman Twining CLOSED SESSION REPORT BY CITY ATTORNEY — None CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Mayor Burns reported on the successful Kowabunga Van Klan event at the Pier over the weekend. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) 17 Council/PFA Regular Meeting Minutes June 3, 2025 Page 3 of 21 Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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: Consent Calendar Items #8 (1 email communication), #11 (1 email communication), #19 (1 email communication); Council Member Items #24 (1 mail communication), #26 (8 email communications) #27 (1 email communication); and New Item #25- 463 (1 email communication). PUBLIC COMMENTS (1-Minute Time Limit due to number of Speakers) — 87 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. Mitchell Rierson commented on the signs posted regarding Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:13:15) Unnamed Speaker commented on the Freedom Bell at Central Library and on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:14:17) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:15:34) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:16:49) Unnamed Speaker commented on some of the Facebook postings by Mayor Burns. (00:17:56) Mabel, a Peterson Elementary fourth grade student, commented on trusting professional librarians regarding books available in the Public Library. (00:19:02) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:19:34) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:20:40) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:21:49) T. J. England commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:22:34) Paula Schaefer commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:24:08) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:25:13) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member New Item 25-463 regarding opposition to AB 84. (00:26:12) 18 Council/PFA Regular Meeting Minutes June 3, 2025 Page 4 of 21 Allison Stevens commented on Council Member New Item 25-463 regarding opposition to AB 84. (00:26:59) Alisha Stevens commented on Council Member New Item 25-463 regarding opposition to AB 84. (00:28:16) Amory Hanson commented on Council Member New Item 25-463 regarding opposition to AB 84. (00:29:07) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:29:54) Bill Yarchin commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:31:06) Unnamed Speaker commented on Consent Calendar Item #10 regarding Resolution No. 2025-37 designating persons authorized to execute financial transactions in the name of the City of Huntington Beach and Council Member Items #26 regarding affirmation for Public Library and Assets. (00:32:14) Unnamed Speaker commented on AB 942. (00:33:42) Kristen P. commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:34:37) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:35:53) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:37:05) Unnamed Speaker commented on Council Member Items #26 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:38:20) Brandi commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:40:36) Michelle Ferry commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:41:52) Leanna S. commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:43:01) Megan C. commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:44:08) Brett Bush commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:44:54) 19 Council/PFA Regular Meeting Minutes June 3, 2025 Page 5 of 21 Unnamed Speaker commented on Council Member Items #26 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:46:03) Shawn Roseling commented on the City's budget and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:47:13) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:48:14) Jignesh Padhiar commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:49:13) Unnamed Speaker commented on Pride Month. (00:50:09) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:51:20) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:52:19) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:53:29) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:54:35) Mel Raschke commented on Measure B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:55:49) League of Women Voters Orange County Representative commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:57:07) Taryn Palumbo commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:58:18) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (00:59:36) Kane Durham, Pride at the Pier, commented on Pride Month. (01:00:38) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:01:40) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:02:54) Ambre Ying commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:05:24) 20 Council/PFA Regular Meeting Minutes June 3, 2025 Page 6 of 21 Brian Thienes commented on Councilmember actions in response to society's Woke agenda. (01:06:41) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:07:55) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:09:09) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:10:17) Dan Jamieson commented on Consent Calendar Item #11 regarding acceptance of Quitclaim Deed from Spreckels Sugar Company, Inc. for former Navy Railroad Right-of-Way. (01:11:21) Russell Neal commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:12:25) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:13:31) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:14:42) Bethany Webb commented on Pride Month, gun violence and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:16:00) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:17:16) Unnamed Speaker commented on Pride Month and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:18:20) Tim Geddes commented on Council Member Items #26 regarding affirmation for Public Library and Assets and Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:19:29) Karrie Mann commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:20:37) Chris Rini commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items #26 regarding affirmation for Public Library and Assets. (01:21:50) Kathey Haas commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:22:57) Mark Tonkovich commented on Councilmember Item #26 regarding affirmation for Public Library and Assets. (01:23:51) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and on the City's Budget for FY2025/26. (01:25:08) 21 Council/PFA Regular Meeting Minutes June 3, 2025 Page 7 of 21 Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:26:21) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Pride Month. (01:27:29) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:28:48) Unnamed Guest commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:30:10) Gina Clayton-Tarvin, Trustee, commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:32:06) Unnamed Speaker commented on concerns of adult book club censorship. (01:33:23) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84. (01:34:40) Don Anderson commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:35:50) Myrna Teramura commented on Council Member Items New 25-463 regarding opposition to AB 84. (01:36:29) Gina Garland commented on Council Member Items New 25-463 regarding opposition to AB 84. (01:37:29) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84. (01:38:20) Unnamed Speaker commented on Council Member Items New 25-463 regarding opposition to AB 84. (01:39:30) Unnamed Speaker commented on activities by various individuals regarding Special Election issues. (01:40:41) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:41:57) Jacqueline Brodt commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:43:11) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:44:29) Unnamed Speaker commented on the signs posted around town regarding Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:45:38) 22 Council/PFA Regular Meeting Minutes June 3, 2025 Page 8 of 21 Unnamed Speaker commented on the lack of transparency for many Councilmember decisions and asked for open dialogue and an end to the tactics that divide the community. (01:47:00) Slater commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:48:17) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:49:30) Valentina Bankhead commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election and Council Member Items New 25-463 regarding opposition to AB84. (01:51:14) Skywalker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:52:07) Unnamed Speaker commented on Public Hearing Item #22 regarding the Fiscal Year 2025/26 City Budget. (01:55:32) Unnamed Speaker commented on Measures A & B on the ballot for the Tuesday, June 10, 2025, Special Election. (01:56:42) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING Councilman Twining reported attending the Orange County Council of Governments (OCCOG) 2025 Annual Conference. OPENNESS IN NEGOTIATION DISCLOSURES Mayor Pro Tem McKeon and Council Woman Van Der Mark reported meeting with representatives of the Huntington Beach Firefighters' Association (HBFA). CITY MANAGER’S REPORT — None CONSENT CALENDAR (Items 7 - 20) Mayor Burns pulled Item #11 and Councilman Kennedy pulled Items #13, #14 and #15 for further discussion. City Clerk 7. 25-438 Approved and Adopted Minutes A motion was made by Burns, second McKeon to approve and adopt the City Council/Public Financing Authority regular meeting minutes of May 20, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams 23 Council/PFA Regular Meeting Minutes June 3, 2025 Page 9 of 21 NOES: None City Manager 8. 25-395 Approved and authorized the execution of Amendment No. 1 to Professional Services Contracts with Dorado Creative, Inc., Tripepi Smith and Associates, and Marketworks for On-Call Video Production Services A motion was made by Burns, second McKeon to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Dorado Creative, Inc. for On-Call Video Services"; and approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement Between the City of Huntington Beach and Tripepi Smith and Associates for On-Call Video Services"; and approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to Agreement Between the City of Huntington Beach and Professional Services Contract Between the City of Huntington Beach and Marketworks for On-Call Video Services." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 9. 25-439 Approved position of opposition on legislation pending before the State Legislature A motion was made by Burns, second McKeon to oppose Assembly Bill 942 Net energy metering: eligible customer-generators: tariffs. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None City Treasurer 10. 25-388 Adopted Resolution No. 2025-37 designating the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Finance Manager as persons authorized to execute Financial Transactions in the name of the City of Huntington Beach A motion was made by Burns, second McKeon to adopt Resolution No. 2025-37, "A Resolution of the City Council of the City of Huntington Beach Authorizing the Manual and/or Facsimile Signatures of the City Treasurer, Deputy City Treasurer, the Treasury Manager, and Finance Manager as Persons Authorized to Execute Financial Transactions in the Name of the City of Huntington Beach." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Community Development 24 Council/PFA Regular Meeting Minutes June 3, 2025 Page 10 of 21 Mayor Burns pulled this item to report a brief history of the process to accept the Quitclaim Deed for this property, and thanked the City Attorney Office staff for their diligence and Mayor Pro Tem McKeon commended the Mayor for initiating this process. 11. 25-40 Accepted Quitclaim Deed from Spreckels Sugar Company, Inc. for Former Navy Railroad Right-of-Way A motion was made by Burns, second Van Der Mark to accept the Quitclaim Deed from Spreckels Sugar Company, Inc. for property located between Rancho Road and the City boundary east of Springdale Street, formerly used as Navy rail ROW (Attachment No. 1). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Fire 12. 25-387 Adopted Resolution No. 2025-29 identifying the terms and conditions for Fire Department emergency response away from their official duty station and assigned to an emergency incident A motion was made by Burns, second McKeon to adopt Resolution No. 2025-29, "A Resolution of the City Council of the City of Huntington Beach Identifying the Terms and Conditions for Fire Department Emergency Response Away from Their Official Duty Station and Assigned to an Emergency Incident." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Human Resources Councilman Kennedy pulled Items #13, #14 and #15 to comment on the differences between municipality and private sector practices regarding salary increases, and noted his position of opposition on these items is not casting any judgement on the outstanding staff members. He stated that with the financial difficulties Huntington Beach is facing he cannot in good conscience support salary increases. Mayor Pro Tem McKeon stated that negotiating labor contracts is the hardest function of the City Council and many months were devoted to reaching these compromises which he feels are in line with the proposed budget. Councilman Twining thanked staff and union stewards for working diligently to keep salary increases within the proposed budget. 13. 25-433 Adopted Resolution No. 2025-44 Approving and Implementing the Memorandum of Understanding Between the Management Employees’ Organization (MEO) and the City of Huntington Beach for January 1, 2025 through December 31, 2027 25 Council/PFA Regular Meeting Minutes June 3, 2025 Page 11 of 21 A motion was made by Burns, second McKeon to adopt Resolution No. 2025-44, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Management Employees' Organization (MEO) and the City for January 1, 2025, to December 31, 2027; and authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-44. The motion carried by the following roll call vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: Kennedy 14. 25-435 Adopted Resolution No. 2025-43 Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City of Huntington Beach for January 1, 2025, through December 31, 2027 A motion was made by Burns, second McKeon to adopt Resolution No. 2025-43, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the Huntington Beach Municipal Teamsters (HBMT) and the City for January 1, 2025, through December 31, 2027"; and, authorize the City Manager or designee to take all administrative and budgetary actions necessary for implementation of Resolution No. 2025-43. The motion carried by the following roll call vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: Kennedy 15. 25-436 Adopted Resolution No. 2025-41 Modifying Salary and Benefits for Non- Represented Employees (Non-Associated Resolution) A motion was made by Burns, second McKeon to adopt Resolution No. 2025-41, "A Resolution of the City Council of the City of Huntington Beach Modifying Salary and Benefits for Non-Represented Employees;" and authorize appropriations for all costs related to implementation of Resolution No. 2025- 41. The motion carried by the following roll call vote: AYES: Twining, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: Kennedy Public Works 16. 25-383 Approved and authorized execution of Amendment No. 3 to Cooperative Agreement No. C-3-2654 between the Orange County Transportation Authority and the City of Huntington Beach for the I-405 Improvement Project A motion was made by Burns, second McKeon to approve and authorize the City Manager to execute "Amendment No. 3 to Agreement No. C-3-2654 Between Orange County Transportation Authority and City of Huntington Beach for the I-405 Improvement Project." The motion carried by the following roll call vote: 26 Council/PFA Regular Meeting Minutes June 3, 2025 Page 12 of 21 AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 17. 25-389 Adopted Resolution No. 2025-30 concerning the status and update of the Circulation Element, and Mitigation Fee Program for the Measure M2 Program and adopted a 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements A motion was made by Burns, second McKeon to adopt Resolution No. 2025-30, "A Resolution of the City Council of the City of Huntington Beach Concerning the Status and Update of the Circulation Element, and Mitigation Fee Program for Measure M (M2) Program"; and, adopt the 7-year Capital Improvement Program for Fiscal Years 2025/2026 through 2031/2032 for compliance with renewed Measure M eligibility requirements. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 18. 25-411 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with All American Asphalt in the amount of $1,684,111.00 for the FY 24/25 Arterial Rehabilitation Project, CC-1771 A motion was made by Burns, second McKeon to accept the lowest responsive and responsible bid submitted by All American Asphalt in the amount of $1,684,111.00 (Base Bid); and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 19. 25-413 Approved and authorized execution of Amendment No. 1 to Agreement with L & G Enterprises for On-Call Maintenance of Marina Trash Skimmers Under the Huntington Harbour Marina Trash Skimmers Trash Removal Project A motion was made by Burns, second McKeon to approve and authorize the Mayor and City Clerk to execute "Amendment No.1 to the Agreement Between the City of Huntington Beach and L & G Enterprises for On-Call Maintenance of Marina Trash Skimmers Under the Huntington Harbour Marina Trash Skimmers Trash Removal Project." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 20. 25-419 Rejected lowest bid for the City-Owned Building (dba. Park Bench Café) Roofing and Siding Improvements, CC-1789; rejected all remaining bids and re-bid the project 27 Council/PFA Regular Meeting Minutes June 3, 2025 Page 13 of 21 A motion was made by Burns, second McKeon to reject all bids for the City-Owned Building (dba. Park Bench Café) Roofing and Siding Improvements, CC-1789. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None ADMINISTRATIVE PUBLIC HEARING 21. 25-437 Held Public Hearing and Received and Filed Status of City of Huntington Beach Vacancies and Recruitment and Retention Efforts Pursuant to Government Code Section 3502.3 Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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: Administrative Public Hearing Item #21 (1 email communication). City Manager Travis Hopkins introduced Marissa Sur, Director of Human Resources, who presented a PowerPoint communication titled AB 2561: Status of City of Huntington Beach Vacancies and Recruitment and Retention Efforts, with slides entitled: AB2561 Overview, Vacancy Update, Vacancies by Bargaining Unit, Recruitment Efforts (2), Recruitment and Retention, and Questions? Mayor Burns opened the Public Hearing. City Clerk Lisa Lane Barns announced no one had signed up to speak for this Public Hearing. Mayor Burns closed the Public Hearing. A motion was made by Burns, second Van Der Mark to conduct a public hearing for comment on the City of Huntington Beach Vacancies and Recruitment and Retention Efforts; and receive and file this report. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None PUBLIC HEARING 22. 25-451 Adopted Resolution No. 2025-42 to Adopt a Budget for the City for Fiscal Year 2025/26 and Authorized the Corresponding Appropriation and Transfer of $3.3 Million of Equipment Replacement Reserves and $1.5 Million of Section 115 Trust Fund Reserves; Resolution No. 2025-39 Establishing the Gann Appropriation Limit for Fiscal Year 2025/26; Resolution No. 2025-40 Levying a Retirement Property Tax for Fiscal Year 2025/26 to Pay for Pre-1978 Employee Retirement Benefits; Resolution No. 2025-46 Adopting an Updated Master Fee and Charges Schedule; and Resolution No. 2025-36 Acknowledging Receipt of Report made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain 28 Council/PFA Regular Meeting Minutes June 3, 2025 Page 14 of 21 Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code; Authorize the Professional Services included in the FY 2025/26 budget to be representative of the services projected to be utilized by departments in FY 2025/26; Authorized the City Manager or Designee to Purchase One Rosenbauer Commander Pumper Fire Engine, in the Amount of $1,500,000; and Introduced Ordinance No. 4337 to Adopt an Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barns 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: Public Hearing Item #22 (3 email communications; staff memorandum with revision to Resolution No. 2025-42; and staff memorandum with revised PowerPoint communication). City Manager Travis Hopkins introduced Robert Torrez, Interim Chief Financial Officer, who presented a PowerPoint communication titled City of Huntington Beach FY 2025/26 Budget Adoption, with slides entitled: Presentation Overview, Proposed FY 2025/26 All Funds Budget Review, FY 2025/26 All Funds Proposed Budget Review $554.9M, FY 2025/26 All Funds Proposed Revenues - $529.6M, Proposed FY 2025/26 General Fund Budget Review, Proposed FY 2025/26 General Fund Budget Review, Proposed FY 2025/26 General Fund Budget Review, Proposed FY 2025/26 General Fund Revenues - $300.1M, Proposed FY 2025/26 General Fund Revenues - $300.1M, Proposed FY 2025/26 General Fund Expenditures - $299.0M, Proposed FY 2025/26 General Fund Expenditures - $299.0M Historical By Department, Proposed FY 2025/26 General Fund Expenditures - $299.0M, Proposed FY 2025/26 General Fund Expenditures - $299.0M, FY 2025/26 Budget Balancing Strategy, FY 2025/26 FTEs by Department, FY 2025/26 Full-Time Equivalent – All Funds, FY 2025/26 Budget Balancing Strategy, FY 2025/26 Budget Balancing Strategy, General Fund Reserves, FY 2025/2026 Capital Improvement Program (CIP), FY 2025/26 CIP BUDGET, 2025/26 PROJECT SUMMARY, Revised Master Fee and Charges Schedule and Proposed Revenue Adjustments, Master Fee and Charges Schedule Adjustments, Master Fee and Charges Schedule Adjustments (con’t), Community and Library Services Fees, Community and Library Services Fees (con’t), Community and Library Services Fees (con’t), Fire Department Fee – AB38 Defensible Space Inspections, Requested Revisions to the Proposed Budget, Requested Expenditure Appropriation Revisions, Requested Fire Department Revisions, REQUESTED FY 2025/26 FTEs – All Funds, Requested Revenue Appropriation Revisions, FY 2025/26 Budget Approval and Related Actions Requested, City Council Approval Requested, and Questions? Councilman Kennedy confirmed with staff that User Fees were last increased in 2024. Mayor Burns opened the Public Hearing. Public Speakers (3-Minute Time Limit) — 5 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. Ken Inouye was called to speak and stated regardless of the adjustments made, this is a deficit budget which does not include infrastructure costs which will be charged to the General Fund. Referencing Resolution No. 2025-40 levying a Retirement Property Tax for Fiscal Year 2025/26, Mr. Inouye stated his disappointment that there has not been transparency by defining how much this will cost each 29 Council/PFA Regular Meeting Minutes June 3, 2025 Page 15 of 21 Huntington Beach homeowner, and added his opinion that this proposed budget does not change the fact that Huntington Beach is in a financial crisis. (02:43:30) Pat Goodman was called to speak and made observations regarding Operation Reductions, noting there was no public discussion during any of the Budget Townhalls on either My OC Be Well or SB2 Funding. She added that in her opinion it is not appropriate to use Reserve funds for operational expenses, and stated her concern about transferring Section 115 Trust funds to the UAL, as her understanding is that Section 115 Trust funds are to be used only for employee benefits. She asked why the extreme increase for General Insurance Liability cost compared to last year. (02:45:13) Cathey Ryder was called to speak and noted this year's budget process is much better than what happened in 2023. She shared her concerns about using Reserve funds to cover the projected deficit which is not sustainable; not filling staff positions is being short-sighted; continuing to increase fees for parking and City services makes it hard to attract new businesses; how the $1.5M reduction from the Be Well program will impact mental health services; and requested more transparency and good governance regarding the deficit. (02:48:22) Unnamed Speaker expressed appreciation for the detailed staff report, and shared ideas on how things can be straightened out: cap the amount that Visit HB receives, rather than pay them a percentage of the Transient Occupancy Tax (TOT) revenues; if the City is kept clean, safe and street potholes are fixed, visitors will come; focus on attracting high-tech companies; and eliminate politically charged initiatives. (02:49:53) Bethany Webb was called to speak and stated her opinion that the glaring thing not being addressed is loss in revenues. (02:53:04) There being no more speakers, Mayor Burns closed this Public Hearing. Mayor Pro Tem McKeon expressed appreciation for the efforts of City Manager Travis Hopkins, each Department Director and many staff members for the multiple hours of time spent on this project. He noted that this budget is the result of decisions made through the years by many different City Councils, and added that a one-year budget cannot address all infrastructure needs but rather looks at a prioritized list. He clarified that the City gets the Transient Occupancy Tax (TOT) funds, not Visit HB. In response to the comment that revenues are down in this budget due to Council actions, Mayor Pro Tem McKeon stated that based on market conditions, sales tax is projected to be down by about $700,000. He noted that no other Council held as many Townhalls or Study Sessions as were held for the FY 2025/26 Budget. He recapped that on-going operating expenses were reduced by $2.9M; elimination of six positions; increased vacancy attrition by $1M; strategic and prudent use of Reserve funds; using 115 Trust funds to pay down unfunded liabilities; using $3.3M from Equipment Replacement Reserve funds to replace equipment; and each Department Head had the opportunity to publicly document their opportunities to reduce costs and increase revenue. He noted that these exercises will be on-going for the next five years until relief comes when much needed equipment and custodial expenses expire in 2030 and 2033 which will reduce annual expenses by $4.5M. Councilman Kennedy reiterated that CalPERS cost is a variant that is completely out of the City's control. He noted the real estate assets owned by the City will be better managed with improved systems and renegotiated leases to ensure market rates are secured. He stated there will be an ongoing effort to manage the hiring process, and commended the Fire Department for not only cutting costs but also increasing revenue. He added everyone should appreciate the Pacific Air Show which is revenue 30 Council/PFA Regular Meeting Minutes June 3, 2025 Page 16 of 21 positive for the City as well as for the restaurants and hotels through increased sales tax and Transient Occupancy Tax. Councilman Gruel noted that Huntington Beach has one of the lowest sales tax rates in Southern California and shared from the sales tax perspective that Councilmembers could take a shortcut and just increase taxes. He commented that Olympic Surfing was moved from Huntington Beach because of the lack of proper waves. As a latecomer to this process, he expressed appreciation for everyone's effort to reach this point. City Manager Travis Hopkins addressed the question regarding Resolution No. 2025-40 levying a Retirement Property Tax for Fiscal Year 2025/26 to pay for Pre-1979 Employee Retirement Benefits and explained the Retirement Property Tax is not a new tax but has been in place since 1978 and the amount has not changed since 2012. Mayor Burns reviewed his awareness of seeing the budget quickly move into deficit positions in the early 2020's and efforts he took as a new Councilman to bring attention to the matter. He added that Council is doing their best to keep the budget out of a deficit. Mayor Pro Tem McKeon noted the changes implemented through the Streamline HB program which resulted in a 23 percent increase in Certificates of Occupancy in one year. Councilman Williams and Mayor Pro Tem McKeon discussed the proposed amendment to Recommended Action A1 in more detail. Councilman Williams shared his opinion that the Fire Department ask was for two positions because that is what is needed for proper safety. Mayor Pro Tem McKeon explained that the second position is for Special Events which he believes is not as critical. He noted the issue of adding the second position will be addressed later this year after Fire Chief McCoy has had time to work on some increased revenue opportunities. Councilman Kennedy expressed his support for Councilman Williams comments on the issue of whether to immediately approve two new positions for the Fire Department because the need outweighs the impact that would have on the deficit. Councilman Twining stated his support for approving two new positions for the Fire Department, and believes the fiscally responsible approach is to approve one position at this time while allowing a bit more time to secure solid additional revenue before approving the second position. After the motion was made to amend Exhibit A1, Councilman Kennedy asked what level of commitment is being provided for funding the second Fire Department position before the end of the year. Mayor Burns responded that Council will put forth their best efforts to be successful in finding additional funds, but there can be no guarantee. Councilman Williams noted there is a surplus in the budget just approved, and invited Fire Chief McCoy to the podium to further describe the need. Fire Chief McCoy stated the need exists, whether the position can be fulfilled in FY 2025/26 or has to wait, and the Fire Department will support the Council's decision. He clarified the history by explaining that in 2013 the Fire Department had three Administrative Captains, in 2014 there were two, and in 2015 there was one. Currently there is one Administrative Captain who is responsible for all suppression training, including entry level academy, ambulance operator academy, in-service suppression and EMS training for the entire Fire Department. Previously, when there were multiple Administrative Captains, 31 Council/PFA Regular Meeting Minutes June 3, 2025 Page 17 of 21 one Administrative Captain managed the ambulance operator program with four ambulances. Currently there are eight ambulances and a total of approximately 70 employees. Fire Chief McCoy explained the second Administrative Captain request would be in charge of logistics for special events and would also serve in the public information (PIO) role, as well as suppression supplies, PPE tracking and inventory. Councilman Williams reiterated his position that public safety is a top priority, the money is in the budget and two positions should be approved for the Fire Department. Mayor Pro Tem McKeon responded that the cost for a position is not a one-time cost situation, but is an on-going expense which will impact future budgets. Mayor Pro Tem McKeon confirmed with Fire Chief McCoy that the Fire Department's greatest need is addressed in the amended motion. Councilman Gruel confirmed with Fire Chief McCoy that approving two positions at this time would not reduce Fire Department overtime hours. A motion was made by McKeon, second Van Der Mark to authorize the Professional Services included in the FY 2025/26 budget to be representative of the services projected to be utilized by departments in FY 2025/26 (Attachment 3); and, authorize the appropriation and transfer of $3,300,000 from the General Fund Equipment Replacement Reserve to the Equipment Replacement Fund 324; and authorize the appropriation and transfer of $1,465,716 from the Section 115 Trust Fund 716 to the General Fund; and, adopt Resolution No. 2025-39, "A Resolution of the City Council of the City of Huntington Beach Establishing the Gann Appropriation Limit for Fiscal Year 2025/2026" (Attachment 4); and, adopt Resolution No.2025-40, "A Resolution of the City Council of the City of Huntington Beach Levying a Retirement Property Tax for Fiscal Year 2025/2026 to Pay for Pre-1978 Employee Retirement Benefits" (Attachment 5); and, adopt Resolution No. 2025-46, "A Resolution of the City Council of the City of Huntington Beach Adopting an Updated Master Fee and Charges Schedule" (Attachment 6); and adopt Resolution No. 2025-36, "A Resolution of the City Council of the City of Huntington Beach, Acknowledging Receipt of a Report Made by the Fire Chief of the Huntington Beach Fire Department Regarding the Inspection of Certain Occupancies Required to Perform Annual Inspections in such Occupancies Pursuant to Sections 13146.2 and 13146.3 of the California Health and Safety Code (Attachment 7); and, authorize the City Manager or designee to purchase one Rosenbauer Commander Pumper Fire Engine in the Amount of $1,500,000 (Attachment 8); and, after the City Clerk reads by title, Introduce Ordinance No. 4337, "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services" (Attachment 9). The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None A motion was made by Williams, second Twining to approve Exhibit A1 to adopt Resolution No. 2025-42, "A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2025/26" (Attachment 2); as amended for two Administrative Fire Captain positions. The motion failed by the following roll call vote: AYES: Kennedy, Gruel, and Williams NOES: Twining, McKeon, Burns, and Van Der Mark 32 Council/PFA Regular Meeting Minutes June 3, 2025 Page 18 of 21 A motion was made by McKeon, second Van Der Mark to approve Exhibit A1, to adopt Resolution No. 2025-42, "A Resolution of the City Council of the City of Huntington Beach Adopting a Budget for the City for Fiscal Year 2025/26" (Attachment 2); as amended to fund one (1) FTE Administrative Fire Captain and upgrade Ambulance Operations Model from 14 hours to 24 hours. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, and Gruel NOES: None ABSTAIN: Williams ORDINANCES FOR INTRODUCTION 23. 25-404 Approved for Introduction Uncodified Ordinance No. 4336 Adopting the Fire Hazard Severity Zones Fire Chief Eric McCoy provided a PowerPoint communication titled Fire Hazard Severity Zone (FHSZ) Maps, with slides entitled: Table of Contents, Introduction to the FHSZ Map, Background, Map Demonstration, Zone Requirements, Moderate FHSZ, High FHSZ, Building Code, Public Review and Comments, Process, Results, Map Adoption, Ordinance, Next Steps, and Questions? A motion was made by Burns, second Van Der Mark to after the City Clerk reads by title, approve for introduction Uncodified Ordinance No. 4336, "An Ordinance of the City Council of the City of Huntington Beach Adopting Fire Hazard Severity Zones." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None COUNCIL MEMBER ITEMS 24. 25-449 Approved Item Submitted by Councilman Twining and Councilman Kennedy — Downlink Technology Councilman Twining introduced this item by describing Downlink Technology as real-time updates to field personnel in the midst of public safety situations to provide mission critical details. Councilman Kennedy stated that use of Downlink Technology will enhance the value of the City's helicopters for Huntington Beach as well as the other cities that lease helicopter time. A motion was made by Twining, second Kennedy to direct the City Manager to report back in 90 days on the viability and expense associated with equipping our public safety departments with downlink technology. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 33 Council/PFA Regular Meeting Minutes June 3, 2025 Page 19 of 21 25. 25-450 Approved Item Submitted by Councilman Twining and Councilman Gruel — DNA and Computer Forensics Councilman Twining introduced this item by stating he believes it could be a means for delivering new revenue to the City through the Police Department. He also believes implementation will provide faster case resolution vs using the Orange County Sheriff's Office DNA laboratory (the only DNA lab in all of Orange County). Currently, it takes nearly six months to receive results. Councilman Twining noted that the Department of Justice and the National Institute of Justice have significant funding options through their DNA Capacity Enhancement and Backlog Reduction Program and Forensic Science Improvement grants. Councilmember Gruel stated his support for introducing healthy competition which could help solve crimes more quickly and getting the responsible parties off the street sooner and thereby preventing additional crimes. He believes DNA and Computer Forensics capabilities will enhance public safety in Huntington Beach and potentially provide a source of additional revenue. Councilman Twining invited Police Chief Parra to the podium to share his comments on this item. Chief Parra stated he is very supportive of this item, excited to do the research and report back with options for providing a higher level of public service. A motion was made by Twining, second Gruel to direct the City Manager to report back to City Council within 90 days, the feasibility of developing a DNA processing laboratory along with increasing the size and scope of the HBPD's computer forensic laboratory. The study should include start-up costs for equipment and personnel, possible funding sources, legacy costs for additional personnel, equipment maintenance, and the potential positive effects on criminal investigations The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 26. 25-454 Approved Item Submitted by Councilman Williams, Councilman Kennedy, and Councilman Twining — Affirmation for Public Library and Assets Councilman Williams introduced this item by reading Resolution No. 2025-45. A motion was made by Williams, second Twining to adopt Resolution No. 2025-45, "A Resolution of the City Council of the City of Huntington Beach Affirming that the Public Library Will Not Be Sold and that Books Will Not Be Banned." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 27. 25-456 Approved Item Submitted by Mayor Burns — City Treasurer Position and Selection Process 34 Council/PFA Regular Meeting Minutes June 3, 2025 Page 20 of 21 Mayor Burns stated that City Treasurer Backstrom will be retiring on July 1, 2025, and he is asking for the creation of an Ad Hoc committee to review the position and selection process. A motion was made by Burns, second McKeon to create a City Council ad hoc committee to review the City Treasurer position and selection process. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None NEW 25-463 Ap proved Item Submitted by Mayor Burns and Council Woman Van Der Mark — Opposition to AB 84 Council Woman Van Der Mark introduced this item by explaining that AB 84 would drastically cut funding and undermine the ability of families to choose the learning environment that best fits their child(ren)'s needs. The State should support diverse learning options that support all students, as our children deserve better. If passed, AB 84 will affect more than 710,000 children across California, with over 64,000 of those students currently placed in non-classroom and personalized-based learning programs. A motion was made by Van Der Mark, second Burns to authorize the Mayor to issue a letter of opposition to AB 84 (Muratsuchi/Garcia)- School accountability: Office of the Education Inspector General: school financial and performance audits: charter school authorization, oversight, operations, and contracting: data systems. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None CITY COUNCIL MEMBER REQUESTS — None ADJOURNMENT — at 10:00 PM a motion was made by Burns, with a second by Van Der Mark, to adjourn this meeting to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, June 17, 2025, at the Central Library, 7111 Talbert Ave, Huntington Beach, California 92648. 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: 35 Council/PFA Regular Meeting Minutes June 3, 2025 Page 21 of 21 ______________________________________ City Clerk-Secretary ______________________________________ Mayor-Chair 36 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-464 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Approve the appointments of Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham to the City Celebration Committee as recommended by City Council Liaisons Mayor Pro Tem Casey McKeon and Councilman Butch Twining Statement of Issue: The City Council is asked to approve the appointment of four At-Large Members to the City Celebration Committee as recommended by Council Liaisons Mayor Pro Tem McKeon and Councilman Butch Twining. Financial Impact: Not applicable. Recommended Action: Approve the appointments of Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham to the City Celebration Committee. Committee members will serve until their respective successors are appointed and qualified. The Council Liaison has the power to recommend replacement members for any vacancies. Alternative Action(s): Do not approve the recommended appointments, and direct staff accordingly. Analysis: The City Celebration Committee is a 7-9 member resident committee to aid in the development of the City's Annual Celebration Calendar. The Committee is tasked with making recommendations to the City Council Liaisons on future celebratory themes and acknowledgments. The Committee also makes recommendations to City staff on potential celebration content. The City Celebration Committee was established by the City Council at the December 19, 2023 meeting. In March 2025, it was noted that there were vacancies on the committee, as members had stepped down. The City advertised the vacancies on the City website, on social media, and at the City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 37 File #:25-464 MEETING DATE:6/17/2025 Civic Center. As City Council Liaisons to the City Celebration Committee, Mayor Pro Tem McKeon and Councilman Butch Twining reviewed all received applications and made a recommendation for the City Council to appoint Valentina Bankhead, Yolanda Campos, Julian Douglas, and Michael Latham. Applications for all recommended appointees are attached. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan Attachment(s): 1. Application for Appointment - Valentina Bankhead 2. Application for Appointment - Yolanda Campos 3. Application for Appointment - Julian Douglas 4. Application for Appointment - Michael Latham City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 38 39 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and e lectors of the City of Huntington Beach during 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 paid 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 Ethics 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 California 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 * Ms Mr., Ms., etc. Date * 4/10/2025 Last Name * Bankhead Name of Board, Commission, Committee, or Task Force * City Celebration Committee Length of Residency in Huntington Beach * 8 years Occupation * Customer service First Name * Valentina United States Citizen?* Yes No Currently Serving on a City Board or Commission?* Home Address:* Street Address Address Line 2 C ity Postal / Zip Code Yes No State CA Middle Initial 40 Phone Numbers Personal Type * (?) Number * cell Personal Email * Phone Numbers Business Type (?) Number 41 Page2 Educational Background * High school Some college Professional Licenses and/or Associations * Huntington Beach Republican Women group. Professional Experience * Office job skills for 30 years. Special Knowledge or Skills * Excel spreadsheets Account managing customer relations. Civic Interests and/or Service Memberships?* I was on the Outreach & Communications Committee previously. How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* I have patriotic ideas that can bring the community together and enrich the Huntington Beach families with superb views of our small beachside community with patriotic pride. The residents will learn and celebrate with us in the coming years how amazing our city and country is. I certify that all statements 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 that 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 applicant. 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 state 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 the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. 42 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and electors of the City of Huntington Beach during 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 paid 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 Ethics 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 California 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 * Ms Mr., Ms., etc. Date * 4/10/2025 Last Name * Campos Name of Board, Commission, Committee, or Task Force * City Celebration Committee Length of Residency in Huntington Beach * 17 years Occupation * Retired First Name * Yolanda United States Citizen?* Yes No Currently Serving on a City Board or Commission?* Home Address:* Street Address Address Line 2 C ity Postal / Zip Code Yes No State Ca Middle Initial 43 Phone Numbers Personal Type * (?) Number * cell Personal Email * Phone Numbers Business Type (?) Number 44 Page 2 Educational Background * Graduated with a BS degree in counseling. I also completed two (2) academies at the Federal Law Enforcement Training Center (FLETC) in Glynco, GA. Additionally, I completed numerous job related training courses in interviewing, financial record I evidence analysis, project management, communication, etc. Professional Licenses and/or Associations * Currently a member with the Federal Law Enforcement Officers Association (FLEOA). Professional Experience * I retired after a 30+ year career in federal law enforcement career. During those many years, I dealt with a myriad of projects, programs, people, cases and tasks. In every assignment I was asked to participate in or lead, I used my strong work ethic, communication and leadership skills to start and complete every project to a successful conclusion. If I lacked the knowledge in an assigned case I program, I researched and 'deep -dived' the subject matter to ensure I was well versed and prepared for success. Special Knowledge or Skills * I have numerous special skills and knowledge that I can offer but I feel the most important skill I will bring is my work ethic. My work ethic drives me to bring my best forward to any organization, group, project or assignment. My work ethic drives me to ensure I am an excellent 'role player' or leader. My work ethic is the cornerstone to success. Civic Interests and/or Service Memberships?* My civil interest is to assist or help my community in any way possible; big or small. How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* I believe my qualifications for the City Celebration committee are 'in line' with and will compliment the committee. I am very much a team player and can help this committee accomplish its goals. I am interested in serving in this committee as I am ready to increase my activity in my city and community as a newly retired person. I certify that all statements 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 that 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 applicant. 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 state 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 the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. 45 46 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and electors of the City of Huntington Beach during 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 paid 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 Ethics 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 California 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 * 5/6/2025 Last Name * Douglas Name of Board, Commission, Committee, or Task Force * City Celebration Committee Length of Residency in Huntington Beach * 2 years Occupation * Concert/Event Promoter/Host, Travel Show Speaker, Firearms Instructor First Name * Julian United States Citizen?* Yes No Currently Serving on a City Board or Commission?* Yes No Middle Initial 47 Home Address:* Street Address Address Line 2 City Postal / Zip Code Phone Numbers Personal Type * (?) Number * cell Personal Email * State CA Phone Numbers Business Type (?) Number 48 Page 2 Educational Background * Graduate of El Segundo High School. Attended El Camino College and Nassau College. Professional Licenses and/or Associations * Academy of Magical Arts (The Magic Castle) member, Department of Justice -Firearms Bureau Instructor, United States Concealed Carry Association Instructor, National Rifle Association Instructor Professional Experience * Award winning concert, club & music festival promoter, host and booking agent for over 25 years. Speaker for the Travel & Adventure Show nationwide for 6 years. Judge for the Bloody Mary Festival nationwide, Beachlife Bloody Mary Festival and various other cocktail events for 10 years. Special Knowledge or Skills * As a musician in 80's, I moved on into the music industry as a promoter/host. Over the decades I've established relationships with musicians around the world and developed a following of tens of thousands of people. With Travel & Adventure Show I've also established a large networking community in the travel industry. With music and travel alone over the years, I've honed my social media skills and have a huge online presence. All of this has given me the rare opportunity to be involved with countless various events, from small to immense festivals. Civic Interests and/or Service Memberships?* To bring more awareness and interest, increase tourism, and increase revenue to the City of Huntington Beach , the place I call home. How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* My vast experience and many years working in concerts, events and entertainment, proven skills, and success, gives me the opportunity to be a valuable asset to Huntington Beach. I have decades of developing personal relationships that I can utilize for city events. I certify that all statements 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 that 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 applicant. 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 state 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 the application process is available through the staff support department identified above. General questions can be directed to Cathy Fikes, (714) 536-5553. 49 Page 1 Acknowledgement o Applicants must be U.S. citizens, and residents and electors of the City of Huntington Beach during 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 paid 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 Ethics 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 California 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 * 5/6/2025 Last Name * Latham Name of Board, Commission, Committee, or Task Force * City Celebration Committee Length of Residency in Huntington Beach * Over 15 years Occupation * Respiratory Therapist/ Photographer First Name * Michael United States Citizen?* Yes No Currently Serving on a City Board or Commission?* Yes No Middle Initial s 50 Home Address:* Street Address Address Line 2 Postal / Zip Code Phone Numbers Personal Type * (?) Number * cell Personal Email * State CA Phone Numbers Business Type (?) Number 51 Page 2 Educational Background * I have my Associates of science degree Professional Licenses and/or Associations * I have my Respiratory practitioner license from the Respiratory board of California Professional Experience * In addition to providing critical care services at a local hospital for over 15 years. I've been a professional photographer for almost as long. Special Knowledge or Skills * I believe one of my greatest skills is knowing the heart of or great city and capturing moments to share that make our city the envy of the world. Civic Interests and/or Service Memberships?* I've wanted to help my community since I was very young , I've always felt a calling to help and do good. As a Respiratory Therapist I have had that opportunity and worked tirelessly through the pandemic to do everything I could. How will your qualifications best serve the citizen advisory group that you are applying for, and why do you wish to serve on this group?* Over the past almost 20 years there has been very few events or celebrations I have missed here in Huntington Beach, and I have captured many of them. I believe through my photography experience and eagerness to show how great this city is I could fulfill my dream of helping celebrate our beautiful city and do more for our amazing community!! Thank you for your consideration and time! I certify that all statements 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 that 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 applicant. 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 state 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 the 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 #:25-483 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Robert Torrez, Interim Chief Financial Officer PREPARED BY:Janice Eckles, Principal Finance Analyst Subject: Approve for Adoption Ordinance No. 4337 Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services - Approved for Introduction June 3, 2025, by a Vote of 7-0 Statement of Issue: On June 3, 2025, City Council approved Ordinance No. 4337 for introduction. If approved, this Ordinance would change the name of the Information Services Department to Information Technology Services (ITS) to reflect the department’s scope, mission, and professional identity more accurately. Financial Impact: There is no financial impact to adopt this Ordinance. Recommended Action: Adopt Ordinance No. 4337, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services” Alternative Action(s): Do not approve Ordinance No. 4337 and direct staff accordingly. Analysis: The Information Services Department is proposing a name change to Information Technology Services (ITS) to reflect the department’s scope, mission, and professional identity more accurately. The current name has led to confusion both internally and externally, often implying a focus on informational content rather than the delivery of critical technology infrastructure, cybersecurity, systems support, and digital innovation. The proposed change aligns with industry standards and will clarify the department’s role in enabling City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 52 File #:25-483 MEETING DATE:6/17/2025 The proposed change aligns with industry standards and will clarify the department’s role in enabling and securing City operations. It also supports recruitment efforts by ensuring the department’s title resonates with information technology professionals seeking roles in technology, rather than general information services. This change will be codified through a companion ordinance. Environmental Status: Not applicable. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan Attachment(s): 1. Ordinance No. 4337, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Amending Chapter 2.114 Department of Information Services” City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 53 54 ORDINANCE NO. 4337 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 2.114 DEPARTMENT OF INFORMATION SERVICES The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. That Title of Chapter 2.114 of the Huntington Beach Municipal Code, is hereby amended to read as follows: Chapter 2.114 DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES SECTION 2. That Section 2.114.010 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.114.010 Department Established There is hereby created the Department of Information Technology Services of the City of Huntington Beach. SECTION 3. That Section 2.114.030 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.114.030 Department Objectives The objectives of the Department shall be as follows: A. Develop, implement, operate, and maintain technology systems for all City departments. B. Direct, plan, organize and coordinate programs and activities of the Department of Information Technology Services. SECTION 4. That Section 2.30.050 of the Huntington Beach Municipal Code is hereby amended to read as follows: 2.114.050 Appointment of Subordinates The Chief Information Officer, with the approval of the City Manager, shall appoint all of other officers, assistants, deputies and employees of the Department oflnformation Technology Services. 25-16002/379943 55 ORDINANCE NO. 4337 SECTION 5. This ordinance shall become effective 30 days after its adoption. 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 ATTEST: APPROVED AS TO FORM: ~~ City Clerk City Attorney REVIEWED AND APPROVED: City Manager f 2 56 LEGISLATIVE DRAFT HBMC 2.114 Chapter 2.114 DEPARTMENT OF INFORMATION TECHNOLOGY SERVICES 2.114.010 Department Established There is hereby created the Department of Information Technology Services of the City of Huntington Beach. 2.114.0300 Department Objectives The objectives of the Department shall be as follows: A. Develop, implement, operate, and maintain technology systems for all City departments. B. Direct, plan, organize and coordinate programs and activities of the Department oflnformation Technology Services. 2.114.050 Appointment of Subordinates The Chieflnformation Officer, with the approval of the City Manager, shall appoint all of other officers, assistants, deputies and employees of the Department of Information Technology Services. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-482 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric McCoy, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Approve for Adoption Uncodified Ordinance No. 4336 Adopting the Fire Hazard Severity Zones - Approved for Introduction June 3, 2025, by a Vote of 7-0 Statement of Issue: Government Code Section 51178 (Attachment 1) directs the State Fire Marshal to identify areas in the state as moderate, high and very high fire hazard severity zones and Section 51179 (Attachment 2) requires that local agencies designate by Ordinance which zones in their jurisdictions are in each category. On March 23, 2025, the State Fire Marshal made available to the City of Huntington Beach the updated Local Responsibility Area hazard maps and Section 51179 requires the City to submit an Ordinance within 120 days from publication of these maps designating Fire Hazard Severity Zones. Ordinance No. 4336 (Attachment 3) designates these zones by reference. Financial Impact: There is no financial impact to adopt this Ordinance. Recommended Action: Approve for adoption Uncodified Ordinance No. 4336, “An Ordinance of the City Council of the City of Huntington Beach Adopting Fire Hazard Severity Zones.” Alternative Action(s): Do not approve Ordinance No. 4336 and direct staff accordingly. Analysis: Government Code Section 51178 requires the Cal Fire Office of the State Fire Marshal to identify areas in the state as moderate, high and very high fire severity. These zones are selected based on modeling which includes factors such as fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified as a major cause of wildfire spread. City of Huntington Beach Printed on 6/11/2025Page 1 of 3 powered by Legistar™ 57 File #:25-482 MEETING DATE:6/17/2025 Once maps identifying these areas are issued, Government Code Section 51179 requires that each local agency designate by Ordinance Hazard Severity Zones within its jurisdiction within 120 days of receiving fire severity maps from the Office of the State Fire Marshal. These maps were made available to the City of Huntington Beach on March 24, 2025. They were provided for public comment from March 28, 2025 until April 30, 2025 through the City web site, social media sites and an email group of 80,000. No public comments were received. In total, there are 279 parcels that all or a portion are in the high Fire Hazard Severity Zone and 219 parcels are in the moderate zone. Some parcels fall in both high and moderate zones and a link to the maps is shown as Attachment 4. The high and moderate Fire Hazard Severity Zones include: ·Bolsa Chica Wetlands ·A large portion of the Brightwater development ·Residential properties around Warner Avenue and Los Patos Avenue ·The south side of Warner Avenue ·Properties north of Warner Avenue, including Weatherly Bay HOA, portions of Huntington Harbour, Huntington Harbour Bay Club and parcels on the north side of Warner Avenue near Edgewater Lane Overall, the high and moderate Fire Hazard Severity Zones in Huntington Beach are relatively small and Fire Department resources and mutual aid are adequate to address any associated fires. Future impacts to residents could include additional plan review and inspection fees associated with fuel modification plans and defensible space inspections for real estate transactions in Fire Hazard Severity Zones. However, since these programs have not been developed, impacts cannot be identified at this time. Approval and introduction of Ordinance No. 4336 is recommended. A PowerPoint presentation is included as Attachment 5. 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. Attachment(s): 1. Government Code Section 51178 City of Huntington Beach Printed on 6/11/2025Page 2 of 3 powered by Legistar™ 58 File #:25-482 MEETING DATE:6/17/2025 2. Government Code Section 51179 3. Uncodified Ordinance No. 4336 4. Link to Huntington Beach Fire Hazard Severity Zone Maps 5. PowerPoint Presentation City of Huntington Beach Printed on 6/11/2025Page 3 of 3 powered by Legistar™ 59 60 (A) STATE O F CALI FO RNIA L1::<gi~l/r' AUTHENTICATED BUREAU ELECTRON IC LEGAL MATERIAL State of California GOVERNMENT CODE Section 51178 51178. The State Fire Marshal shall identify areas in the state as moderate, high, and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas . Moderate , high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, and other relevant factors including areas where winds have been identified by the Office of the State Fire Marshal as a major cause of wildfire spread. (Amended by Stats. 2021 , Ch. 382, Sec. 2 .5. (SB 63) Effective January I , 2022.) 61 (;i:) STATE OF CALI FORNIA 't~V~l/r' AUTHENTICATED BUREAU ELECTRONIC LEGAL MATERIAL State of California GOVERNMENT CODE Section 51179 51179. ( a) A local agency shall designate, by ordinance, moderate, high, and very high fire hazard severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178. (b) (1) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as very high fire hazard severity zones by the State Fire Marshal, as very high fire hazard severity zones following a finding supported by substantial evidence in the record that the requirements of Section 51182 are necessary for effective fire protection within the area. (2) A local agency may, at its discretion, include areas within the jurisdiction of the local agency, not identified as moderate and high fire hazard severity zones by the State Fire Marshal, as moderate and high fire hazard severity zones, respectively. (3) A local agency shall not decrease the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency, and, in exercising its discretion pursuant to paragraph (2), may only increase the level of fire hazard severity zone as identified by the State Fire Marshal for any area within the jurisdiction of the local agency. ( c) The local agency shall transmit a copy of an ordinance adopted pursuant to subdivision (a) to the State Board of Forestry and Fire Protection within 30 days of adoption. ( d) Changes made by a local agency to the recommendations made by the State Fire Marshal shall be final and shall not be rebuttable by the State Fire Marshal. ( e) The State Fire Marshal shall prepare and adopt a model ordinance that provides for the establishment of very high fire hazard severity zones. (f) Any ordinance adopted by a local agency pursuant to this section that substantially conforms to the model ordinance of the State Fire Marshal shall be presumed to be in compliance with the requirements of this section. (g) A local agency shall post a notice at the office of the county recorder, county assessor, and county planning agency identifying the location of the map provided by the State Fire Marshal pursuant to Section 51178. If the agency amends the map, pursuant to subdivision (b) or ( c) of this section, the notice shall instead identify the location of the amended map. (Amended by Stats. 2022 , Ch. 574, Sec. 10 . (AB 211) Effective September 27, 2022 .) 62 UNCODIFIED ORDINANCE NO. 4336 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE FIRE HAZARD SEVERITY ZONES WHEREAS, the City of Huntington Beach is a charter city and municipal corporation duly created and existing under a charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs. Government Code Section 51178 directs the State Fire Marshal to identify areas in the state as to moderate , high and very high fire hazard severity zones based on consistent statewide criteria and based on the severity of fire hazard that is expected to prevail in those areas; ancl Government Code Section 51179 directs local agencies to designate by Ordinance, moderate, high and very high fire severity zones in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal pursuant to Section 51178; and The State Fire Marshal made available to the City of Huntington Beach the updated Local Responsibility Area hazard maps on March 24, 2025; and The State Fire Marshal identified areas in Huntington Beach that are high and moderate fire severity zones, NOW, THEREFORE, The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION 1. The City hereby designates the Fire Hazard Severity Zones as recommended by the California Depa1tment of Forestry and Fire Protection pursuant to Government Code Section 51178. SECTION 2. The map approved by the City is hereby incorporated by reference and entitled "Huntington Beach Fire Hazard Severity Zones." SECTION 3. This Ordinance shall become effective 30 days after its passage. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of ____ , 2025. ATTEST: City Clerk Mayor APPROVED AS TO FORM: City Attorney 63 Ordinance No . 4336 REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Fire Chief 2 25-164 I 8/377728 Link to Wildland Fire Hazard Severity Zones in Huntington Beach https://arcg.is/1y54mP0 64 Fire Hazard Severity Zone (FHSZ) Maps Fire Chief Eric McCoy 6/3/2026 65 Table of Contents •Introduction to the FHSZ Maps •Zone Requirements •Public Review and Comment •Map Adoption 66 Introduction to the FHSZ Map 67 Background •CAL FIRE Updates and Publishes Maps •Cal Fire Updates and publishes hazard maps based on new modeling •Publish date – 3/24/25 •Once hazard maps are published City of Huntington Beach •Requests Public Comment within 30 days •Adopts an Ordinance within 120 days 68 Map 69 FHSZ LRA 2025, Phase 4 FHSZ ~ H,gh ~ Moderate Unioned LRA Parcels Huntington Beach , ' . Fountain Valley Map 70 :,uns~t Beach FHSZ LRA 2025, Phase 4 FHSZ Moderate Un,on.cl LRA Parcels X Map 71 Warner Ave FHSZ LRA 2025, Phase 4 FH SZ lillllii Very High High Parcels Moderate Unzoned LRA Warner Ave X ,__ Orion Or s Warner Ave Warner Ave Los Patos Ave Wellfleet Or Zone Requirements 72 Moderate FHSZ •No requirements at this time. •Expect new requirements in the future 73 High FHSZ •Impact on real estate transactions on parcels having all or portion of high FHSZ •Acknowledge in Natural Hazard Statement •Buyer to receive a report of inspection of Defensible Space paid by Seller •Fire Department is in process of developing an inspection program with cost recovery •Expect new requirements in the future 74 Building Code •Existing regulations are in Building Code, section 7A “Materials and Construction Methods for Exterior Wildfire Exposure” •New California Wildland-Urban Interface Code will be adopted and go into effect Jan 1, 2026 with construction requirements for FHSZs •High is likely to be included •Moderate may be included •Waiting for guidance from CalFire Office of the State Fire Marshal (OSFM) 75 Public Review and Comments 76 Process •Within 30 days of map issuance •StoryMap created to share maps and information •Survey created to capture responses •Direct notification to Brightwater HOA •Surf City Weekly email from City Manager’s Office to 85K subscribed individuals •Social media post with link to map and survey •Updated Fire Department web site to include new section for Fire Hazard Severity Zone information 77 Results •No public comments received •StoryMap website accessed 1,015 times 78 Map Adoption 79 Ordinance •Ordinance – Map Adoption •No allowance for deviation, except to increase the severity •We are not extending (to parcel line) or adding new Wildland Urban Interface (WUI) Area not included in the FHSZ maps •Impact on City •Minimal •Impact on Residents and Property Owners •Unknown impact on insurance rates •Sellers pay for a defensible space inspection •Higher cost for WUI construction requirements •Applies to "New Buildings" 80 Next Steps After Adoption •Develop and execute a defensible space inspection program and new fee for the fee schedule (Fire) •Outreach the defensible space inspection program to local realtors and residents (Fire) •Monitor guidance from CalFire OSFM for construction requirements for high and moderate (Fire) •Work with Community Development Department to overlay map for flagging requirements (Fire & CDD) 81 Questions? 82 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-398 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Joseph Pinel, Capital Projects Administrator Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Full Swing Construction Inc. in the amount of $1,099,477 for the Police Department Women’s Locker Room Improvement Project, CC-1708; Reject bids 1-7; and Authorize 20% in contingency funds Statement of Issue: On April 7, 2025, the City of Huntington Beach publicly opened bids for the Police Department Women’s Locker Room Improvement Project. Shortly thereafter, on April 11, 2025, a formal bid protest was submitted to the Public Works Department. Following a thorough investigation, it was determined that the bids in question did not meet the required contract specifications. In light of these findings, City Council action is requested to award the construction contract to Full Swing Construction Inc., identified as the lowest responsive and responsible bidder. Financial Impact: The estimated project cost is $1,319,372, which includes the construction contract with Full Swing Construction Inc., and a 20% construction contingency. The project budget $1,319,372 consists of Infrastructure Funds from Account No. 31440010. Recommended Action: A) Accept the lowest and responsible bid submitted by Full Swing Construction Inc. in the amount of $1,099,477; and B) Reject bids 1-7, as a result of formal bid protest; and C) Authorize the Director of Public Works to Approve change orders up to 20% contingency in potential construction change orders; and D) Authorize the Mayor and City Clerk to execute a construction contract with Full Swing Construction Inc. in a form approved by the City Attorney. City of Huntington Beach Printed on 6/11/2025Page 1 of 3 powered by Legistar™ 83 File #:25-398 MEETING DATE:6/17/2025 Alternative Action(s): Reject all bids and provide staff with direction. Analysis: This project will enhance and expand the women’s locker room at the Police Department to better support current and future needs. Improvements include the removal and replacement of outdated restrooms, showers, and lockers. Upgrades to HVAC, plumbing, and electrical systems will also be completed. In addition, the locker room will be expanded to improve ADA accessibility and accommodate increased staffing levels. Bids were opened on April 7, 2025, with the following results: Bidder’s Name Submitted and Verified Bid FixaCal $152,370 ACC & Engineering LLC $841,758 a2z Construct Inc.$947,000 First Trade $998,900 Loengreen, Inc.$1,071,484 Ambit Construction and Design, Inc.$1,071,569 RDEPENDABLE CONST. INC.$1,074,000 Full Swing Construction Inc.$1,099,477 Empire Design & Build $1,100,000 JR Universal Construction, Inc.$1,109,944 Elegant Construction Inc.$1,153,000 Fasone Construction $1,198,229.05 Fidelity Builders $1,227,700 Newman Midland Corp $1,350,831 PUB Construction, Inc.$1,484,106 Sea West Enterprises, Inc.$1,592,311 MLC Constructors $1,704,755 US Builders and Consultants Inc.$1,897,895 On April 11, 2025, a formal bid protest against open bids 1-7 was submitted to city staff. Upon thorough review of the protest, it was determined that bidders 1-7 did not meet contract requirements. The primary reasons for disqualification of bidders 1-7 include: ·Failure of contractor or listed subcontractors to maintain active Department of Industrial Relations (DIR) status at time of submission pursuant to Labor Code Section 1771.1(a). City of Huntington Beach Printed on 6/11/2025Page 2 of 3 powered by Legistar™ 84 File #:25-398 MEETING DATE:6/17/2025 And/Or ·Failure to possess the appropriate contractor’s license at the time of bid submission pursuant to Public Contract Code Section 3300. Bidders 1-7 have been notified of their disqualification. No further action has been taken. Based on the low bid received, the total estimated construction cost of this project is $1,319,372 as itemized below: Item Amount Bid submitted by Full Swing Construction Inc.$1,099,477 20% Contingency $219,895 TOTAL CONSTRUCTION COST:$1,319,372 Funds for this project are available in the current fiscal budget as follows: Infrastructure Funds Acct. 31440010 $1,319,372 Total Funds Available: $1,319,372 Staff recommends rejecting bids 1-7 and awarding the construction contract to Full Swing Construction Inc., in the amount of $1,099,477. Full Swing Construction Inc. has successfully completed similar construction projects before. The total project cost is estimated to be $1,319,372 which includes the construction contract and construction contingency. Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031c under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Contract with Full Swing Construction Inc. 2. Vicinity Map 3.PowerPoint Presentation City of Huntington Beach Printed on 6/11/2025Page 3 of 3 powered by Legistar™ 85 I I 86 -c O N S T A U C T I O N , I N c- UNANIMOUS WRITTEN CONSENT OF THE SOLE DIRECTOR Full Swing Construction, Inc. A California Corporation The undersigned, being the sole Director of Full Swing Construction, Inc., a corporation organized and existing under the la ws of the State of California, does hereby adopt the following resolution by written consent without a meeting, pursuant to the bylaws of the corporation and the app li cab l e provisions of the California Corporations Code. RESOLUTION RESOLVED, that the undersigned, as the sole Director and Shareholder of the Corporation, hereby authorize s and empowers James D Endsley, as President of the Corporation, to act on behalf of the Corporation with full authority to enter into, sign, and execute contracts, agreements, and any other legally binding instruments or documents necessary to carry out the business affairs of the Corporation, incl uding the authority to make representations, enter negotiations, and legally bind the Corporation in any jurisdiction, with the same force and effect as if approved by the Board of Directors at a meeting duly convened. This resolution shall be effective as of February 2nd 2011, and shall remain in full force and effect until amended or rescinded by the Director. IN WITNESS W HEREOF, the undersigned has executed this Unanimous Written Consent as of the date first written above. -~~!!!!!!!!!~!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!- Full Swing Construction, Inc. 12771 Lewis St. Garden Grove, CA. 92840 (714)536-4440 Licens e# 963393 87 CERTIFICATION BY SECRETARY I, James D Endsley, Secretary of Full Swing Construction, Inc., hereby certify that the foregoing is a true and correct copy of a resolution duly adopted by the Sole Director of said corporation on February 2nd 2011, and that said resolution has not been amended or rescinded and remains in full force and effect as of the date hereof. Full Swing Construction, Inc. 12771 Lewis St. Garden Grove, CA. 92840 (714) S 3 6-4440 License # 963393 88 7i , -c O N S T A U C T I O N , I N c- EXHIBIT A Articles of Incorporation Th e following pages contain a true and correct copy of the Articles of In co rporation of Full Swing Construction, Inc., filed with the California Sec retary of State. Thi s document in support of the Corporate Resolution authorizing contract execution. Submitted by: Full Swing Construction, Inc. Date: May 30, 2025 Full Swi ng Co n struction, Inc. 12771 Lewis St. Garden Grove, CA. 92840 (714) 5 3 6-4440 License# 963393 89 33570·2'8 ' ARTICLES OF INCORPORATION OF Full Swing Construction, Inc. I The name of this corporation is, Full Swing Construction, Inc. II FILEj In the Office of the Secralary of State of the State of camomia · · FEB o .2 2011 The purpose of the corporation is to engage in any lawful act or activity for vvhich a corporation may be organized under the General Corporation Law of California other than the banking business, the trust company business or the practice of a profession permitted to be incorporated by the California Corporations Code. III The name and address in the State of California of this corporation's initial agent for service of process is; James Donald Endsley 7861 16th street Westminster, CA 92683 IV This corporation is authorized to issue only one class' of shares of stock which shall be designated "common stock", and the total number of shares which this corporation is authorized to issue is 10,000 shares. V The liability of the directors of the corporation for monetary damages shall be eliminated to the fullest extent permissible under California Law. The corporation is authorized to provide indemnification of agents (as defined iii Section 3 l 7 of the California Corporations Code) for breach of duty to the corporation and shareholders through bylaw provisions or through agreements with the agents, or both, in excess of the indemnification otherwise pennitted by Section 317 of the California Corporations Code, subject to the limits on such excess indemnification set forth in Section 204 of the California Corporations Code. Date: 2/1/11 90 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FULL SWING CONSTRUCTION INC FOR POLICE DEPARTMENT WOMEN'S LOCKER ROOM IMPROVEMENTS, CC-1708 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 FULL SWING CONSTRUCTION INC -------~==---='-=--=-===-=-=====...:..::'-------'a _____ C_a_li_fo_r_n_ia ______ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fu II y described as --~P,._o~l~ic=e~D=ep~a~r~t"'m=e=n,..,t_W'-'-"o"'n"'1e,.,n,._' s"""L"'o"'c"'l,"'e1'--· "'R"'o"'o-"m.,_ __ I=m=p~r~o~v~e=m=e=n=t=s ________________ in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: I. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the l 6-5195/City Funded Construction Contract.docx ~ revised 04/2016 91 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK· PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be pe1formed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents arc incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in pat1 or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx ~ revised 04/2016 92 D. The edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., I 080 I National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the pa1iicular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The pa1ticular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both, In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision of DPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5195/City Funded Construction Conlract.docx -revised 04/2016 93 3. COMP EN SA TION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million Ninety-Nine Thousand Four Hundred Seventy-Seven Dollars ($ ___ 1,~0_9_9~,4_7_7_.o_o _ _,), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ____ O=n._-e_.H"u"1.._1d"r .. e:-d:.cScci:.::x._-ty,_ ___ ( 160 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain apprnval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set fotth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx -revised 04/2016 94 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set fmth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be pe1formed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx -revised 04/2016 95 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (l 00%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (l) year after CITY's acceptance thereof within ten (! 0) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (! 0) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (I 0) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. I 0. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an empioyee of CITY. CONTRACTOR 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 6 16-5195/City Funded Construction Contract.do ex -revised 04/2016 96 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all patts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to asce1tain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of _________ O=n~e~T~h=o~u~s=an=d~D~o=ll=a=r~s-------~ ($_~1,LO~O~O-~) per each calendar day's delay in completing the work in excess of the number of working/calendar days set fotth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) clays from the beginning of any such delay (unless DPW shall grant a fu1ther period of time), notify DPW in writing of the cause of the 7 I 6-5195/City Funded Construction Coutract.docx ~ revised 04/2016 97 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision ofDPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within flfteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. ( 1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.do ex -revised 04/20 I 6 98 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; (d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension ot· payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.do ex -revised 04/2016 99 after receipt of the additional information or within a period of time no greater than the lime the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, m the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thitty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G, Following the meet and confer conference, if the Demand remains m dispute, the CONTRACTOR may file a claim with the City as provided in Chapter I (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Patt 3 of Division 3,6 of Title I of the Government Code. For purposes of those provisions, the running of the period of lime within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx -revised 04/2016 100 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VAR!A TIO NS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained ,by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ifDPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5 l 95/City Funded Construction Contract.docx -revised 04/2016 101 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set fo,th in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx ~ revised 04/2016 102 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A, The CITY has ascertained from the Director oflndustrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections l 771 and I 774. In accordance with the provisions of Section 3700 orthe California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section l 774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx -revised 04/2016 103 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid (either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections I 8!0 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or fo1ty ( 40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 18 I 2, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.do ex -revised 04/2016 104 (I) calendar day or forty (40) hours in any one (I) calendar week in violation of California Labor Code Section l 815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 177 6, in general. 23. lNDEMNJF!CATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx -revised 04/2016 105 arising directly or indirectly out of the obligations 01· operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 186 l, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx -revised 04/2016 106 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, 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) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 l 6-5195/City Funded Construction Contract.docx -revised 04/2016 107 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the ce1tificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thi1ty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR ofreceipt of any claim filed with CITY or a cowt of competent jurisdiction which arises out of performance of this agreement within ten (10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.do ex -revised 04/2016 108 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrnpt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (I 0) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a coutt of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. [n no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx -" revised 04/2016 109 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, EST!MA TES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no fm1her cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the wol"i( performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33. STOP NOTICES· RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. C[TY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Conlracl.docx ~ revised 04/2016 110 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR's agent (as designated in Section I 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 CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other pa11y via personal delivery, reputable overnight carrier or U.S. certified mail-return receipt requested: TO CITY: TO CONTRACTOR: City of Huntington Beach FULL SWING CONSTRUCTION INC ATTN:PatrickBannon , Public Works ATTN: James Endsley 2000 Main Street 12771 Lewis St. Huntington Beach, CA 92648 Garden Grove CA 92840 35. 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 maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 I 6~5195/City Funded Construction Contract.docx -revised 04/2016 111 36. IMMIGRATION CONTRACTOR 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 United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR 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 incul1'ed by CONTRACTOR. 38. 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 the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. 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 22 16-5195/City Funded Construction Contract.docx -revised 04/2016 112 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 patiies 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. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE OR!GINAL 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. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both patties. 23 16-5195/City Funded Construction Contract.docx -revised 04/2016 113 45, 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 C[TY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and vo[untari[y following extensive arm's length negotiation, and that each has had the oppo,tunity 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 pmty's behalf, which arc 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 fmth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-5195/City Funded Construction Contract.docx -revised 04/2016 114 IN WITNESS WHEREOF, the patties hereto have caused this Agreement to be executed by and through their authorized officers on May 29th ,20~. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ITS: Chairman ~/ Vice-President (circle one) AND By: Mayor City Clerk Director of Public Works (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary / Treasurer (circle one) City Manager APPROVEDAS ~~O k 25 16-5195/City Fund ed Construction Contract.docx -revised 04/2016 f_,l 115 This Bond was issued in two (2) identical cou nterparts PERFORMA NCE BOND KNOW ALL PERSONS BY TH E SE PRESENTS: Bond No. 101406683 Premium : $14,495.00 WHEREAS , City of H unting ton Beach (hereafter referred to as "City") has, by w ritten agreement dated JvYJ« l7 , 20~, entered into a contract with Full Swing Construct ion, Inc. dba Rapid Walls , 12771 Lewis Street, Garden Grove, CA 92 840 (Contractor's Name and Address) (hereafter referred to as "Principal") fo r performance of the work described as follows: CC No . 1708 -Police Department Women's Loc ker Room Improvements (Project Title) WH ERE AS , s aid contract, and all documents referenced t herein (h ereinafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in fu ll ; and Said Principa l is requ ired under the te rms of the Contract to fu rni sh a bond guaranteeing the prompt, full and f aithful performance of said Contract , by a d uly admitted surety insurer under the laws of the State of C alifo rn ia (here inafte r re ferred to as "Surety"); an d Surety is certified and listed in th e U .S . Department o f the Treas ury Circular 570 , and has provided p roof of sufficient bondi ng limitations as shown in said circu lar to provide bon ds in t he amount requ ired by said Con tract; and Su re ty has provided fi nancia l strengt h ra ti ngs fro m repu table compan ies, such as from AM . Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of bei ng secu re o r stable ; and Su rety is registered an d list ed wi th th e Ca liforn ia Department of Ins ura nce , NOW, THEREFORE, we, t he unders igned , as Principal, and Merchants Bonding Company (Mutual), PO Bo x 14498 , Des Moines , IA 50306 (Surety's N ame and A ddress) as Surety, are held and firm ly bound unto City in the penal sum of One Million Ninety Nine Thousand Four Hundred Seventy Seven and 00/100 Dollars($ 1,099,477 .00 ). this amount be ing not less than one hundred perce nt of the price set forth in the Contrac t, in lawful money of the United States, for the payment of w hich su m, well and tru ly to be made, we bind ourselves, our he irs , executors, administrators and successors, jo intly an d seve rally, firmly by these presents . THE CONDITION O F THI S OBLIGATION IS SUCH THAT if t he Pri ncipal shall promptly, fully and fai thfully perform each and a ll of the covenants, obligations and things to be done and performed by the Pr incipal in strict accordance with the terms of the Contract as said contract may be a lte red, amended or modified from time to time; and if the Principa l shall indemnify and save harmless Ci ty and all of City's officers, agents and employee s (herei nafter collective ly referred to as "Obligees") from any and all losses, liability and damages, claims, judgments, stop notices, fees and costs of every description, wh ether imposed by law or in equity, which may be incurred by the Obl igee s by reason of the fai lure or default on the part of the Principal in the performance of any or all of the terms or the obligations of the Contract, inc luding all alterations , amendments and modifications thereto , and any warranties or guarantees required thereunder, then this obligation shall be void ; otherwise, it shall be and shall remain in ful l force and effect. Surety stipu lates and agrees, fo r va lue received , that no adjustment of the time or price in the Contract or any alte ration , change, deletion, addition or other modification to the Contract, or the work to be pe rformed thereunder, shall in any way affect, limit, restrict, impair or release the obli ga tions of the Surety under this Bond. Su rety waives notice of any adjustmen t of co ntract or contract price, and any other alteration, change , deletion , addition or other mod ification to the Contract, or the wor k to be performed thereu nder, and ag rees to automatically adjust the penal sum of th is Bond to reflect such adj ustments , alterations, changes , deletions, additions or other modifications . Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849 . 15-4 584/117174 Page 1 of 2 116 Bond No . 101406683 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been du ly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated : May 28th, 2025 ATTEST [Corporate Seal) ATTEST [Corporate Seal) (Attach Attorney-in -Fact Certificate) Full Swing Construction , Inc., dba Rapid Walls By ~ Nam : Title :~~ Merchants Bonding Company (Mutual) By ~~ Name: Kerissa Ricciardi , Attorney -in-Fact (Signature of Attorney-in-Fact for Surety) 515-243-8171 (Area Code & Telephone Number for Surety) APPROVED 1s TO FORM£ By : I ( :. ' Mich"§el J . Vigliotta, City Attorney NOTES: This bond must be executed in duplicate and dated , all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached . 15-4584/11717 4 Page 2 of 2 PERFORMANCE BOND 117 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies on ly 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 Orange On May ~ S , 2025 before me , Hanh Le, Notary Pub li c ----------- (insert name and ti t le of the officer) personally appeared _K_e_r_is_s_a_R_ic_c_ia_r_d_i ____________________ _ who proved to me on the basis of satisfactory evidence to be the person(s) w hose 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 h is/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. W ITNESS my hand and official seal. Signature ---'~=---1--=--"'-~"-=----=----------(Seal) 118 MERCHANTS BONDING COMPANY,,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Charo J Rosemond; James Baldassare Jr; John F Surano; Kerissa Ricciardi; Krista A DiMezza; Lisa M Scavetta; Michael Castaneda; Michael Dugan; Sherryanne M DePirro their true and lawful Attorney{s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation, It is fully understood that consenting to the State of Florida Department ofTransportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July , 2024 ST A TE OF IOWA .... •::{\ONA';•••.,. • • • •,;Gw CO..:•. MERCHANTS BONDING COMPANY (MUTUAL) ,••~r ........... , ~••• , ~~-----·---,,,_,, •, MERCHANTS NATIONAL BONDING, INC_ ~1:··:~:~) (~~-:~:··~) .~···"';z:;';;Z~ •"".,--·--"'' . ~;---~"'· r-.,..,..,...,~,,:·•··· .. •··:'J~...... •• -¥Jv·······\"\ •• President .,..,.:-.v. * ,,...... .. {i •• COUNTY OF DALLAS ss. ........... . ...... .. On this 29th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commIssIon does not invahdate this instrument) ( \" \ / "--~JZ__- Notary Public I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies.which is still in full force and effect and has not been amended or revoked. 119 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 0 County of range On May 29th 2025 before me, Ariane N Endsley, Notary Public -----------(insert name and title of the officer) personally appeared _J_a_m_e_s_D_E_n_d_s_le_y ___________________ _ who proved to me on the basis of satisfactory evidence to be the person (.sf whose name.(.s1@are subscribed to the within instrument and acknowledged to me that @'sRE!/tRey executed the same in ~h.erltbeif authorized capacity(j.oo'), and that by ~/her'ltlw"i r signature(.91 on the instrument the person!.91, or the entity upon behalf of which the person,'81 acted, executed the instrument. I certify under PENAL TY OF PERJURY und er the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature __ ~~---~--------(Seal) ARIANE N. ENDSLEY COMM. #2492490 z Notary Public • California ~ Orange County • ':M~V M Comm. Expires June 16, 2028 120 This Bond was issued in two (2) identical counterparts PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 101406683 WHEREAS, City of Huntington Beach (hereafter referred to as "City") has awarded to Full Swing Construction, Inc., dba Rapid Walls, 12771 Lewis Street, Garden Grove, CA 92840 (Contractor's Name and Address) (hereafter referred to as "Principal"), a contract ("Contract") for the work described as follows: CC No. 1708 -Police Department Women's Locker Room Improvements (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of claims of laborers, mechanics, materialmen, and other persons as provided by law, by a duly admitted surety insurer under the laws of the State of California (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputable companies, such as from AM. Best, Moody's or Standard & Pear's, to validate that Surety has positive ratings of being secure or stable; and Surety has provided financial strength ratings from reputable companies, such as from AM. Best, Moody's, or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety is registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Merchants Bonding Company (Mutual) PO Box 14498 Des Moines IA 50306 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of One Million Ninety Nine Thousand Four Hundred Seventy Seven and 00/100 Dollars ($1.099.477.00 ), this amount being not less than one hundred percent (100%) of the total price set forth in the Contract, in lawful money of the United States of America, for the payment of which sum, well and truly to be made, we bind ourselves, and each of our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal, his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fail to pay any of the persons named in Section 3181 of the California Civil Code ("Claimants") for all labor, materials or services used or reasonably required for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or prevailing wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the penal sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety further agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. 15-4584/117357 Page 1 of 2 121 Surety stipulates and agrees , for value re c eived , that no change, extension of time, alteration , addition or modification to the terms of the Contract, or any c ontract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond . Surety hereby waives notice of any such change, extension of time, alteration, addition , or modificatio n to the terms of the Contract , the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code §§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is su ch party's proper legal name and that the individuals signing th is instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waiv es any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond . Dated : May 28th, 2025 ATTEST [Corporate Se al) ATTEST [Corporate Seal] (Attac h Attorney -in-Fact Certifi cate) Full Swing Construction, Inc., dba Rapid Walls By: Na Title : (Pri Merchants Bonding Company (Mutual) By ~ Name: Kenssa R1cc1ard1 1 Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) 515-243-8171 (Area C ode & Teleph one Number for Surety) APPROVED S TO FORM : ] I • ! By : \. ' Michael J . V igliotta , Ci ty Attorney Note: T his bond m ust be execute d in duplicate and dated , all signatures must b e notarized, and evidence o f th e au th ority of any person signing as atto rney-In-fact must be attached. 15-4584 /1 17357 Pag e 2 of 2 PAY MENT BOND 122 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 Orange On May ~ O 2025 before me, Hanh Le, Notary Public (insert name and title of the officer) personally appeared _K_e_r_is_s_a_R_ic_c_ia_r_d_i ____________________ _ 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 __ ~~~--L.--"'a;_..a....--'---"'-"""-----(Seal) 123 MERCHANTS BON DING COMPANY,., POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Charo J Rosemond; James Baldassare Jr; John F Surano; Kerissa Ricciardi; Krista A DiMezza; Lisa M Scavetta; Michael Castaneda; Michael Dugan; Sherryanne M DePirro their true and lawful Attorney{sHn~Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of-Attorney is granted and is signed and sealed by facsimile under and by authority of the following By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and April 27, 2024 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015 and amended on April 27, 2024. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Florida Department of Transportation only, ii is agreed that the power and authority hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percentages and/or final estimates on engineering and construction contracts required by the State of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department ofTransportation making payment of the final estimate to the Contractor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner- Department of Highways of the Commonwealth of Kentucky at least thirty (30) days prior to the modification or revocation, In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 29th day of July , 2024 ·••'~{\ON~······ .• ~~ii c·o· .. MERCHANTS BONDING COMPANY (MUTUAL) •••~'!-........... ( ~••• ••~<::,~ ....... '1f.,f• MERCHANTS NATIONAL BONDING, INC. /~/~t,V.PO/f,;;;:,;...<:;\ --:~~•;_,~V.P011;,;/i~ Byd/b/a MERC~HANTS/NATIONAL ~~E:NITY COMPANY .. ;e:~ 0 c,:c, .. •-.,::;,: ff\• • E-t:-- -:-: !~:--o-o:-• ,:s:, 2003 :Z: ... ,.. 1933 .:~: '-.~fJ;~:· .......... ;~~;.: \~.,;~ ....... \;._~~...- STATE OF IOWA ••-;:, * ,,,, • • • -(x • • .......... ,,, ...... . President COUNTY OF DALLAS ss, On this 29th day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 201 2027 (Expiration of notary's comm1sston does not 1nvalldate this instrument) I, Elisabeth Sandersfeld, Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies.which is still in full force and effect and has not been amended or revoked, 124 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 0 County of range On May 29th 2025 before me, Ariane N Endsley, Notary Public -----------(insert name and title of the officer) personally appeared _J_a_m_e_s_D_E_n_d_s_le_y _________________ ~~- who proved to me on the basis of satisfactory evidence to be the person(81 whose name~)<ls?are subscribed to the within instrument and acknowledged to me that ~/s.Jw/t~ executed the same in ~/herftileir authorized capacity(j,es'f, and that by ~/tAeir signature(.s? on the instrument the person(.s?, or the entity upon behalf of which the perso n.(sf 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 ~~-z;,. J a··. ·.... e ARIANE N. ENDSLEY l 0 ,. COMM . #2492490 z o: ! ···$' -· Notary Public • California ~ 2 ,. Orange County ~ 1 • . • Ml C~mm. E3pires lull! 16.; 20E.f (Seal) 125 ACORD ® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/D DIYYYY) ~ 05/20/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Donna Bradley NAME: Hall, Mahar & Associates Insurance Serv PHONE 714-937-1500 I FAX /A/C No Ext\· /A/C Nol : 714-937-1135 1475 S State College Blvd #200 E-MAIL dbradley@hma4ins.com ADDRESS: Anaheim, CA 92806 INSURER(S) AFFORDING C OVERAGE NAIC# INSURER A : Continental Casualtv Comoanv 20443 INSURED INSURER B : lnfinitv Select Insurance Comoanv 20260K Full Swing Construction, Inc. INSURER C: Mt Hawlev Insurance Comoanv 37974 12771 Lewis St INSURER D : Insurance Comoanv of the West 27847 Garden Grove, CA 92840 INS URER E : Nautilus Insurance Comoanv 17370 INSURER F : Underwriter at Llovd's London 100% 15792 COVERAGES CERTIFICATE NUMBER: 00004968-0 REVISION NUMBER: 57 TH IS IS TO CERTIFY THAT T H E POLICIES OF IN SURANCE LIST ED BELOW HAVE BEEN ISSUED T O THE IN SURED NAMED ABOVE FOR THE POLICY PERIOD INDICAT ED. NOTWITHSTAN DI NG ANY REQUIREMENT, TERM OR CO NDITION O F ANY CONTRACT OR OT HER DO CU MENT WITH RESPECT TO WHICH THIS CERTIF ICAT E MAY BE ISSU ED O R MAY PERTAIN, THE INSURA NCE AFFORDED BY T H E POLIC IES DESCRIBE D HER EIN IS SUBJECT TO A LL T HE TERMS , EXCLUSIONS A N D CONDITIONS OF SUCH POLICIES. LIMI TS SHOWN MAY HAVE BEEN REDUCED B Y PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY E XP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER !MM/DD/YYYYl !MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y C6985228251 10/18/2024 10/18/2025 EACH OCCURREN CE $ 1.000 000 ~ ~ CLAIMS-MADE [x] OCCUR DAMAGE TO RENTED PREMISES !Ea occurrence\ $ 100 000 ~ MED EXP (Any one person) $ 5.000 PERSONAL & ADV INJURY ,__ $ 1 000 000 GEN'L AGGREGATE LIMIT AP PLIES PER: GENERAL AGGREGATE $ 2 000 000 R [x] PRO-□LOC PRODUCTS -COMP/OP AGG $ 2 000.000 POLICY JECT OTHER: $ B AUTOM OBILE LIA BILITY y y 50002891801 02/02/2025 02/02/2026 ?E~~~~~~~l lNGLE LIMIT $ 1 000.000 ,__ X ANY AUTO BODILY INJURY (Per person ) $ ~ OWNED ~ SCH EDULED AUTOS ONLY AUT OS BODILY INJURY (Per accident) $ ~ ~ _x HIRED i NON-OWNED iP~?:c?c~d~t?AMAGE $ AUTOS ONLY AUTOS ONLY $ C _x UMBREL LA LIAB ~ OCCUR y y GXS0017974 06/24 /2024 06/24/2025 EACH OCCURRENCE $ 3,000,000 EXC ESS LIAB CLAIMS-MADE AGGREGATE $ 3 ,000,000 OED I I RETENTION s 0 $ D WORKERS COMPENSATION y WSD 5072324 01 07/18/2024 07/18/2025 X / ~~tu T E I I OTH- AND EMPLOYERS' LIABILITY ER Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE □ N /A E.L. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? 1 ,000,000 (Mandato ry in NH ) E.L. DISEASE -EA EMPLOYEE $ If yes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS below E Excess Liability AN1297674 10/18/2024 10/18/2025 Each Occurrence 4,000,000 F Sexual Molest/Abuse MR24A031 11/08/2024 11/08/2025 Occ/Polic y Limit 1,0( 0,000/2,000,000 DESCRIPTION OF OPERATIONS / LOCA TIONS I VEHI CLES (ACORD 101, A d ditional Re marks Schedule, may be attac h ed if mo r e space i s req uir ed ) Additional insured: City of Huntington Beach , its officers, elected or appointed officials, employees , agents and volunteers. Insurance is Primary & Non-Contributory . Waiver of subrogation applies. Project: Huntington Beach Police Department Women's Locker Room Improvements CC# 1708 -2000 Main St., Huntington Beach, CA 92647 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Huntington Beach ACCORDANCE WITH THE POLICY PROV ISIONS. 2000 Main St. Huntington Beach, CA 92648 A Upi~RE SENTATIVE I (DMB) © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Prin ted by DMB on 05/20/2025 at 02:30PM 126 CNA BEST CHOICE CONTRACTOR PROGRAM General Aggregate Limit -Per Project Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. For each single construction or service project away from premises the Named Insured owns or rents, a separate Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: A. all damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard;" and B. all medical expenses under Coverage C; that arise from "occurrences" or accidents which can be attributed solely to ongoing operations at that project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Project General Aggregate Limit applicable to any other project. II. All: A. damages under Coverage B, regardless of the number of locations or projects involved; B. damages under Coverage A, caused by "occurrences" which cannot be attributed solely to ongoing operations at a single project, except damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard"; and C. medical expenses under Coverage C, caused by accidents which cannot be attributed solely to ongoing operations at a single project, will reduce the General Aggregate Limit shown in the Declarations. Ill. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the "occurrence" can be attributed solely to ongoing operations at a particular project. IV. When coverage for liability arising out of the "products-completed operations hazard" is provided, any payments for damages because of "bodily injury" or "property damage" included in the "products- completed operations hazard" will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. V. If a single construction or service project away from premises owned by or rented to the Named Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, such project will still be deemed to be the same project. VI. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97898XX (4-2020) Page 1 of 1 Insured Name: FULL SWING CONSTRUCTION INC Policy No: C69Bs22s2s1 Endorsement No: Effective Date: 10/1s/2024 Copyright CNA All Rights Reserved. Includes material copyrighted by Insurance Services Office, Inc. used with their permission. 127 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 ADDITIONAL NAMED INSURED ENDORSEMENT City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers 2000 Main St Huntington Beach, CA 92648 Full Swing Construction, Inc. This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers Part A -Liability Coverage, is changed as follows: The definition of insured is changed to include the additional insured named above. Adding an insured will not increase the limit of our liability. The insurance provided by this endorsement will be excess over any other valid and collectible insurance. All other parts of this Policy remain unchanged. ADDL INSURED COPY 50461AIS01 AMEND DATE : 05/20/2025 ENDORSEMENT : 4-9 128 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 PRIMARY AND NONCONTRIBUTORY ENDORSEMENT City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers 2000 Main St Huntington Beach, CA 92648 Full Swing Construction, Inc. This endorsement is attached to and forms a part of the listed policy. The following endorsement applies only if Form Number 500PNCV01 appears on your Declarations Page. This endorsement modifies the insurance provided under your COMMERCIAL AUTO POLICY. PART A-LIABILITY COVERAGE OTHER INSURANCE -PART A ONLY The following is added to this section: The coverage afforded under your Commercial Auto Policy is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: a. You have agreed in writing in a contract or agreement that the coverage afforded under your Commercial Auto Policy would be primary and would not seek contribution from any other insurance available to such additional insured; and b. Such additional insured is a named insured under such other insurance. ALL OTHER TERMS, LIMITS, CONDITIONS, AND PROVISIONS OF THE POLICY REMAIN UNCHANGED. ADDL INSURED COPY 500PNCV01 AMEND DATE : 05/20/2025 ENDORSEMENT : 4-9 129 KEMPER Auto COMMERCIAL Customer Service: (800) 722-3391 Kemper Auto Commercial 11700 Great Oaks Way, Suite 450 Alpharetta, GA 30022 Underwritten by: Infinity Select Insurance Company Claims Service: (800) 353-6737 WAIVER OF SUBROGATION City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers 2000 Main St Full Swing Construction, Inc. Huntington Beach, CA 92648 This endorsement is attached to and forms a part of the listed policy. No changes will be effective prior to the time changes are requested. In return for your premium payment shown below, we agree that our rights of subrogation or rights of recovery under the policy will not apply against the following person or organization: City of Huntington Beach, Its Officers, Elected or appointed officials, employees, agents and volunteers (name of person or organization) Additional premium in the amount of $125.00 will be retained by us regardless of any early termination of this endorsement or the policy. All other policy provisions remain unchanged. ADDL INSURED COPY 50461SWF01 AMEND DATE : 05/20/2025 ENDORSEMENT : 4-9 130 . WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 990634 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT· BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be otherwise due. 2 % of the total California Workers' Compensation premium Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED IS REQUIRED UNDER WRITTEN CONTRACT TO FURNISH THIS WAIVER. Schedule Job Description This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/18/2024 Policy No. WSD 5072324 01 Insured FULL SWING CONSTRUCTION, INC. Insurance Company INSURANCE COMPANY OF THE WEST Endorsement No. Premium $ INCL. Countersigned By ______________ _ WC 990634 (Ed. 8-00) INSURED 131 POLICY NUMBER: C6985228251 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by written contract Blanket as required by v..-itten contract. It is agreed thilt such insurance 11S is afforded by this policy for the benefrt of the additional insured shown shall be primary insurance, and any other insurmce maintained by the additional ins:ured(s) shall be e11cess and noncontributory as 1espects any claim, loss or llabillty allegedly arising out or the operations of the 11d11md ins med, 1111,vided lwwwe, U1<1I thi'S i1is111dm.:e will n!JI <111ply lo "'IY d11i111 luss or liobility Wlich is determined to besoldythe result of the addilionol insured's negligence or solely the additional insurcd's responsibility. City of Huntington Beach, its officers, elected or appointed officials, employees, agents and volunteers. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the '"products-completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 Page 1 of 1 132 BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Policy Number: C69BS22s2s1 I Endorsement Effective: 10/1s/2024 at 12:01 a.m. Named Insured: FULL SWING CONSTRUCTION INC SCHEDULE Name of Additional Insured Person(s) (Specific) or Organization(s): (Blanket) Any person or organization that the Named Insured is obligated by virtue of a written contract or written City of Huntington Beach, its officers, agreement to make an additional insured on this elected or appointed officials, Coverage Part, provided such contract or agreement: employees, agents and volunteers. • Is currently in effect or becomes effective during the policy period; and and • Was executed prior to: a. the bodily injury, or property damage; or b. the offense that caused the personal and advertising injury; for which the additional insured seeks coveraQe. Location(s) of Covered Operations: Any location in the "coverage territory" that is subject and to the contract or agreement specified above. A. Section II -Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only to the extent that the person or organization shown in the Schedule is held liable for your acts or omissions arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as part of the same project. C. With respect to the insurance afforded to these additional insureds, this insurance also does not apply to bodily injury, property damage or personal and advertising injury arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or 2. Supervisory, inspection, architectural or engineering activities. D. Primary and Noncontributory Insurance If so required by a written contract or written agreement, this insurance will be primary to, and will not seek contribution from, other insurance under which the additional insured is a named insured. But in all other instances, and notwithstanding anything to the contrary in the condition entitled Other Insurance, this insurance will be excess of any other insurance available to the additional insured. CNA97587XX (3-2022) Policy No: C6985228251 Page 1 of 2 Endorsement No: Effective Date: 10/18/2024 Insured Name: FULL SWING CONSTRUCTION INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. 133 BEST CHOICE CONTRACTOR PROGRAM Blanket Additional Insured -Owners, Lessees or Contractors E. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended to add the following to the condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit: Any additional insured pursuant to this Coverage Part will, as soon as possible: 1. Give us written notice of any claim, or of any occurrence or offense that may result in a claim; 2. Send us copies of all legal papers received and otherwise cooperate with us in the investigation, defense or settlement of the claim; and 3. Make available any other insurance and tender the defense and indemnity of any claim to any other insurer or self-insurer whose policy or program applies to a loss that we cover under this Coverage Part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. F. Solely with respect to the insurance granted by this endorsement: 1. The words "you" and "your" refer to the Named Insured shown in the Declarations. 2. Your work means work or operations performed by you or on your behalf, and materials parts or equipment furnished in connection with such work or operations. G. Blanket Waiver of Subrogation We waive any right of recovery we may have against an entity that is an additional insured under the terms of this endorsement with respect to payments we make for injury or damage arising out of your work done under a written contract or written agreement with that person or organization, provided such contract or agreement: 1. Requires such a waiver of our rights; 2. Is currently in effect or becomes effective during the policy period; and 3. Was executed prior the bodily injury, property damage or personal and advertising injury that gave rise to the claim. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA97587XX (3-2022) Page 2 of 2 Insured Name: FULL SWING CONSTRUCTION INC Policy No: C6985228251 Endorsement No: Effective Date: 10/18/2024 Copyright CNA Alt Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc. used with permission. 134 Do.::usign Envelope I D: 5932F91 D-5F02-485C-B79C-32994DF7CCAD CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: Full Swing Construction , In c. (Contractor Name) 12771 Lewis St. (Street Address) Garden Grove, CA. 92840 (City, State, Zip Code) PROJECT: CC1708-Police Department Women's Locker Room Improvement TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 11 85, which Certificate co mplies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") and the above-named Contractor ("Contractor") for the above-described project ("Project"). I declare under penalty of perjury under the laws of the State of Ca li fornia that the above statement is true and correct. Signed on ____ M_a_y_2_9t_h ___ ___,, 20 ~. at Anaheim , CA (Date) Signed by: (City, State) Dol,\,IM, tJr~~ o 1s Making Declaration) WARRANTY Contrac tor hereby warrants and agrees to maintain Produ cts and Complete Operations Ins urance in compliance with the insurance requ irements of the Contract for the Project. Said insurance shall be maintained through and until the expi ration of all Warranties provided by the Contractor. Said insurance shall contain Additiona l Insured Endorsement CG 2010 1185, naming the City as an additional insured. Contractor sha ll s upply to the City, on at least an annual basis , a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage whic h meets the Contract requirements. Signed on __ fV\_,____,.=~:::+--'~"'-q-'-----' 20 -is , at --~~\=-"--'r-A~f'"l~l=·,r:;~<)~v~~,,~Cllr~_ --\:Date) (Ci ty, State) CONTRACTOR: Name: Full Swing Construction, In c By:~~ Na~~nds ley Till . CEO ---------------- PROJECT LOCATION MAP 135 Ellis Av e . .....;f------+----+-------~...------➔--- NO RTH EB PROJECT LOCAT IO N : l/l (/) "O '-ru ~ "O w CI VIC C ENT ER (POLIC E D EP T .) 20 0 0 MA IN ST REET CITY O F HUN TI NGTON BEACH CALIFOR NI A, 9 2 64 8 .....; l/l C ru ~ Yo rkt o w n Av e . _,_; l/l "O C ru :::: Q) z Ad a ms Av e. 39 Police Department Women’s Locker Room Improvement Project Overview June 17, 2025 136 BACKGROUND • Existing women’s locker room is located on main level of Civic Center Police Station • Current locker room is about 840 square feet, constructed in ~1975, has received minor upgrades over time. • Finishes are at end of life and need replacement • Locker room renovation addresses increased staffing levels and ADA compliance 137 BACKGROUND • Records area will be displaced by expanded locker room, need to be repositioned and renovated. • Vertical carousel storage system provides efficient use of reduced storage room size • Many of the current offices consist of temporary partition walls. • Plumbing fixtures, flooring, ceiling tiles, electrical systems, HVAC, bathroom amenities and offices require modernization and ADA compliance. 138 NEED/WHY/BENEFITS • Project addresses increased staffing needs and ADA compliance • Update facility infrastructure that has exceeded its service life • Adjacent offices renovated with new technology and organizational systems 139 COMMUNITY OUTREACH • This project will not have an impact on the surrounding community during construction • PD, City Facility Maintenance, IT, stakeholders were engaged throughout the course of the project 140 FUNDING/SCHEDULE FUNDING: • Construction Cost: $1,319,372 • Infrastructure Fund account: • 31440010 SCHEDULE: • February 6, 2025 – Bid project • April 7, 2025 – Open bids • June 17, 2025 – Award contract • Begin construction (Approx. Fall 2025) • Contingent on long lead items (lockers and vertical carousel) 141 Questions? 142 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-393 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Sarah Whitecotton, Principal Management Analyst Nancy Rodriguez, Management Aide Subject: Approve the Fiscal Year 2023/24 Infrastructure Fund Annual Report Statement of Issue: The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a report on the findings to the City Council. This review addresses Fiscal Year (FY) 2023/24. Financial Impact: Not applicable. Recommended Action: Approve the Infrastructure Fund Annual Report for Fiscal Year 2023/24. Alternative Action(s): Instruct staff to make revisions and resubmit at a later date. Analysis: The Infrastructure Fund was established in 2002 by City Charter Section 617(c), which states that the City Council must establish the Citizens Infrastructure Advisory Board (CIAB) to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council. Per the City Charter, the Infrastructure Fund is designated for the sole purpose of infrastructure expenditures. “Infrastructure” is defined in the Charter as “long-lived capital assets that normally are stationary in nature and normally can be preserved for significantly greater number of years. They include storm drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways.” City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 143 File #:25-393 MEETING DATE:6/17/2025 Infrastructure expenditures are defined as “direct costs related to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition.” The single substantial revenue source to the fund is unassigned fund balance in the General Fund per the Financial Policy adopted in FY 2006/07 and revised in FY 2009/10. The policy states that 50% of the unassigned fund balance will be allocated to the General Fund Pension Stabilization Reserve, of which 25% is assigned to the Economic Uncertainties Reserve, 12.5% to the Infrastructure Fund, and 12.5% to the Capital Improvement Reserve. Beginning in FY 2017/18, Capital Improvement Program (CIP) projects previously budgeted in the General Fund were instead budgeted in the Infrastructure Fund with an accompanying General Fund transfer. Transfers in FY 2023/24 totaled $16,136,763 to fund infrastructure improvements and maintenance. Interest and market adjustments totaled $1,474,067. Other revenue of $728,768 included a reimbursement for CalRecycle Grant TRP14-21-12/2F rubberized pavement, traffic signal maintenance at Beachmont Plaza per a development agreement, along with 22/23 Surf City “3” Cable PEG funds adjustments for expenditures between the PEG, Energy Efficiency, and Infrastructure Funds. Total revenue was $18,339,598. Expenditures for the year totaled $22,340,495. The fund balance at year’s end (June 30, 2024) was $29,397,441. Additional details are available in the Infrastructure Fund Annual Report (Attachment 1). CIAB/Public Works Commission Action: The Annual Infrastructure Fund Report was recommended for City Council consideration at the June 4, 2025, meeting of the CIAB/Public Works Commission by a vote of 4-2-0 (Rivas and Michalski absent). Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan Attachment(s): 1. Infrastructure Fund Annual Report 2. PowerPoint Presentation City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 144 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-441 MEETING DATE:6/4/2025 CIAB/PUBLIC WORKS COMMISSION REQUEST FOR ACTION SUBMITTED TO:MEMBERS OF CIAB/PUBLIC WORKS COMMISSION SUBMITTED BY:Chau Vu, Director of Public Works PREPARED BY:Nancy Rodriguez, Mgmt Aide & Sarah Whitecotton, Acting Admin Svc Mgr Subject: Approve Infrastructure Fund Annual Report for Fiscal Year 2023/24 Statement of Issue: The City Charter requires an annual review and performance audit of the Infrastructure Fund, and a report of the findings to the City Council. This provides audited information on Fiscal Year 2023/24. Funding : No funding is required for this action. Recommended Action: Motion to recommend to City Council approval of the Infrastructure Fund Annual Report. Alternative Action(s): Direct staff to modify the Annual Report. Analysis: The Infrastructure Fund was established in 2002, by City Charter Section 617. Per Section 617 (a), the originally intended revenue source for the Infrastructure Fund was a planned utility use tax on natural gas purchased to generate electricity. However, this ballot measure failed. So, while the Charter amendment created the fund, it was left with no source of revenue. Other Charter requirements related to the fund are: Revenue placed in the Infrastructure Fund shall not supplant existing infrastructure funding. General Fund expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-year rolling average. The Citizen’s Infrastructure Advisory Board/Public Works Commission conducts an annual review and performance audit of the Infrastructure Fund and reports its findings to the City City of Huntington Beach Printed on 5/29/2025Page 1 of 4 powered by Legistar™ 145 File #:25-441 MEETING DATE:6/4/2025 Council prior to the City Council's adoption of the ensuing fiscal year budget. The single substantial revenue source to the fund is General Fund excess fund balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous and current policies are shown in Attachment 1 along with Municipal Charter Section 617. Revenue - FY 2023/24: 1. There were total General Fund transfers of $16,136,763 for capital improvements and equipment replacement in FY 2023/24 2. The fund was reimbursed $728,768 for CalRecycle Grant TRP14-21-12/2F rubberized pavement, traffic signal maintenance at Beachmont Plaza per a development agreement, along with 22/23 Surf City “3” Cable PEG funds adjustments for expenditures between the PEG, Energy Efficiency, and infrastructure Funds. 3. Interest and market adjustments are paid in proportion to the citywide investments and fund balance. This amounted to $1,474,067 in FY 2023/24. Total Revenue for FY 2023/24 was $18,339,598. Revenue Revenue Item Actual Reimbursements and Adjustments $728,768 Interest and Market Adjustments $1,474,067 General Fund Transfers $16,136,763 Total Revenue $18,339,598 Expenditures - 2023/24: Budgeted expenditures for FY 2023/24 consisted of new and carry forward projects and carry over encumbrances from 2022/23. Beginning in Fiscal Year 2022/23 a substantial amount of infrastructure related salaries and maintenance previously budgeted in the General Fund were moved to the Infrastructure fund in business unit 31485201. Where applicable, project sheets from the Capital Improvement Program (CIP) are included as Attachment 2. Total expenditures for the year were $22,340,495. Below is a detail of expenditures by business unit. Expenditures Project Spent 31440001 - Infrastructure Projects $41,076 31440002 - Infrastructure Central Park $60,900 31440003 - Infrastructure 20-21 $104,767 31440005 - Infrastructure Projects 21-22 $1,720,364 31440006 - Infrastructure Projects 22-23 $2,607,916 31440008 - Trash Removal - Phase II $62,964 City of Huntington Beach Printed on 5/29/2025Page 2 of 4 powered by Legistar™ 146 File #:25-441 MEETING DATE:6/4/2025 31440009 - CC Hot Water Replacement $4,035 31440011 - Treasurer’s Office Remodel $102,307 31440017 - ADA Impr Prog Citywide $107,878 31440018 - PD Comm Ctr Remodel $21,735 31440019 - OVE Roadway/Driveway $256,957 31445003 - Main Promenade P.S. Imprv $158,202 31465001 - Well Abandonment $649,006 31485201 - Infrastructure Eng Design $5,279,768 31487004 - Police Facility Improvements $1,200,945 31488001 - Heil Pump Station $612,443 31490008 - Arterial Rehab 21-22 $1,593 31490010 - Bluff Top Park Improvement $2,550 31490012 - Oakview Comm Ctr $514,927 31490016 - Arterial Beautification $130,299 31490018 - Mobility and Corridor Imp $1,603,225 31490019 - FD/PF Youth Training Ctr $84,000 31490020 - Carr Park Improvements $60,547 31490021 - Garfield/Gothard Fiber Optics $159,708 31490022 - Residential Pavement $6,627,672 31490024 - Res Zone Maint 24-25 $131,837 31490025 - Downtown Specific Plan $32,875 Total $22,340,495 Fund Balance Fund Balance 7/1/23 $33,398,338 Revenue FY 2023/24 $18,339,598 Expenditures FY 2023/24 ($22,340,495) Fund Balance 7/1/24 $29,397,441 Budgeted Revenue FY 2024/25 $17,539,539 Budgeted Expenditures FY 2024/25 ($43,344,960) Budgeted Fund Balance 7/1/25 $3,592,020 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 City of Huntington Beach Printed on 5/29/2025Page 3 of 4 powered by Legistar™ 147 File #:25-441 MEETING DATE:6/4/2025 resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan <http://www.huntingtonbeachca.gov/strategicplan>. Attachment(s): 1. Financial Policies FY 06/07 and 09/10 2. Project Sheets 3. PowerPoint Presentation City of Huntington Beach Printed on 5/29/2025Page 4 of 4 powered by Legistar™ 148 Attachment 1 Financial Policies 149 150 City of Huntington Beach Financial Policies Adopted FY 2006/07 FINANCIAL REPORTING AND ACCOUNTING STANDARDS The City's accounting system will be maintained in accordance with generally accepted accounting practices and the standards of the Government Accounting Standards Board and the Government Finance Officers Association. The annual financial report will be prepared within six months of the close of the previous fiscal year. The City will use generally accepted accounting principles in preparing the annual financial statements and will attempt to qualify for the Government Finance Officers Association's Excellence in Financial Reporting Program. The City will strive for an unqualified audit opinion. An unqualified opinion is rendered without reservation by the independent auditor that financial statements are fairly presented. The City will contract for an annual audit by a qualified independent certified public accounting firm. The independent audit firm will be selected through a competitive process at least once every five years. The contract period will be for an initial period of three years, with two one-year options. BUDGETING The budget will be prepared consistent with the standards developed by the Government Finance Officers Association and California Society of Municipal Finance Officers. In addition, a summary version will be provided to the public in a user-friendly format. The City will maintain a balanced operating budget for all funds with estimated revenues being equal to, or greater than, estimated expenditures, and with periodic City Council reviews and necessary adjustments to maintain balance. On-going revenues will support on-going expenditures. Revenues from one-time or limited duration sources will not be used to balance the annual operating budget. Support function appropriations will be placed in the department in which they are managed. GENERAL FUND BALANCE The General Fund reserve (designation) will be a minimum of seven percent of the General Fund budget. In addition, a second tier reserve will consist of the net accumulation of amounts that were in excess of the seven percent reserve (designation) and remained in the General Fund after application of the financial policy that immediately follows. This second tier reserve will be used to balance budget fluctuations. Allocation of the audited General Fund balance in excess of the above reserves (designations) may be as follows: 25 percent for capital projects (transferred to the Capital Improvement Reserve) 25 percent for Infrastructure Jtransferred to the Infrastructure Fund) 50 percent to increase the 2 tier reserve All supplemental appropriations from the General Fund minimum reserve that cannot otherwise be funded during the current fiscal year operating budget must meet one of the three following criteria: It is an unanticipated emergency. It is required to implement a Memoranda of Understanding (MOU) or a mandate. It is a new expense that is offset by related revenues. 151 City of Huntington Beach Financial Policies Adopted Budget -FY 2009/10 FINANCIAL REPORTING AND ACCOUNTING STANDARDS □ The City's accounting system will be maintained in accordance with generally accepted accounting practices and the standards of the Government Accounting Standards Board (GASB) and the Government Finance Officers Association (GFOA). □ The annual financial report will be prepared within six months of the close of the previous fiscal year. The City will use generally accepted accounting principles in preparing the annual financial statements and will attempt to qualify for the Government Finance Officers Association's Excellence in Financial Reporting Program. □ The City will strive for an unqualified audit opinion. An unqualified opinion is rendered · without reservation by the independent auditor that financial statements are fair1y presented. □ The City will contract for an annual audit by a qualified independent certified public accounting firm. The independent audit firm will be selected through a competitive process at least once every five years. The contract period will be for an initial period of three years, with two one-year options. BUDGETING □ The budget will be prepared consistent with the standards developed by the Government Finance Officers Association and California Society of Municipal Finance Officers (CSMFO). In addition, a summary version will be provided to the public in a user-friendly format. □ The City will maintain a balanced operating budget for all funds with estimated revenues being equal to, or greater than, estimated expenditures, and with periodic City Council reviews and necessary adjustments to maintain balance. □ On-going revenues will support on-going expenditures. Revenues from one-time or limited duration sources will not be used to balance the annual operating budget. □ Support function appropriations will be placed in the department in which they are managed. GENERAL FUND BALANCE □ There will be an established Economic Uncertainties Reserve commitment in the General Fund. The goal is to have an Economic Uncertainties Reserve commitment equal to the value of two months of the General Fund expenditure adopted budget amount. □ Once established, appropriations from the Economic Uncertainties Reserve commitment can only be made by formal City Council action. Generally, appropriations and access to these funds will be reserved for emergency situations. Examples of such emergencies include, but are not limited to: • An unplanned, major event such as a catastrophic disaster requiring expenditures over 5% of the General Fund adopted budget • Budgeted revenue taken by another government entity • Drop in projected/actual revenue of more than 5% of the General Fund adopted revenue budget □ Should the Economic Uncertainties Reserve commitment be used, and its level falls below the minimum amount of two months of General Fund expenditures adopted budget, the goals is to replenish the fund within three fiscal years. 350 152 City of Huntington Beach Financial Policies Adopted Budget -FY 2009/10 □ Allocation of the audited General Fund unassigned fund balance will be done as follows if, and until, the Economic Uncertainties Reserve commitment is fully funded (i.e., two months of General Fund expenditures): ■ 50% to Economic Uncertainties Reserve commitment ■ 25% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment □ Once the Economic Uncertainties Reserve commitment attains full funding, unassigned fund balance will be divided as follows: ■ 25% for Infrastructure Fund • 25% to Capital Improvement Reserve (CIR) commitment ■ 50% to Equipment Replacement commitment □ Any unanticipated and unrestricted revenues received during the fiscal year will be added to the fund balance of the General Fund. FUND BALANCE CLASSIFICATION □ The City's fund balance is made up of the following components: ■ Nonspendable fund balance typically includes inventories, prepaid items, and other items that, by definition cannot be appropriated. • The restricted fund balance category includes amounts that can be spent only for the specific purposes stipulated by constitution, external resource providers, or through enabling legislation. ■ The committed fund balance classification includes amounts that can be used only for the specific purposes determined by a formal action of the City Council. The City Council has authority to establish, modify, or rescind a fund balance commitment. ■ Amounts in the assigned fund balance classification are intended to be used by the City for specific purposes but do not meet the criteria to be classified as restricted or committed. The City Administrator or designee has the authority to establish, modify, or rescind a fund balance assignment. ■ Unassigned fund balance is the residual classification for the City's funds and includes all spendable amounts not contained in the other classifications. □ The City considers restricted or unrestricted amounts to have been spent when an expenditure is incurred for purposes for which both restricted and unrestricted fund balance is available. □ The City's committed, assigned, or unassigned amounts are considered to have been spent when an expenditure is incurred for purposes for which amounts in any of those unrestricted fund balance classifications could be used. APPROPRIATION AUTHORITY □ The City Council is the appropriation authority for the City Budget. As required by state law, appropriations expire at the end of each fiscal year. 351 153 Huntington Beach Charter and Codes I .!J.p !I Pre:!,:ious [ii Next l!~I _M_a_in __ .~ ____ l;I Search II frint IL~o Frames_-] CHARTER ARTICLE VI FISCAL ADMINISTRATION Section 617. INFRASTRUCTURE FUND. (a) All revenue raised by vote of the electors or imposed by vote of the City Council on or after March 5, 2002, by a measure which states that the revenue to be raised is for the purpose of infrastructure, as said term is defined in this paragraph, shall be placed in a separate fund entitled "Infrastructure Fund." The tenn "Infrastructure" shall mean long-lived capital assets that normally are stationary in nature and nonnally can be preserved for significantly greater number of years. They include stonn drains, storm water pump stations, alleys, streets, highways, curbs and gutters, sidewalks, bridges, street trees, landscaped medians, parks, beach facilities, playgrounds, traffic signals, streetlights, block walls along arterial highways, and all public buildings and public ways. Interest earned on monies in the Infrastructure Fund shall accrue to that account. Monies in said Fund shall be utilized only for direct costs relating to infrastructure improvements or maintenance, including construction, design, engineering, project management, inspection, contract administration and property acquisition. Monies in said Fund shall not be transferred, loaned or otherwise encumbered for any other purpose. (b) Revenues placed in the Infrastructure Fund shall not supplant existing infrastructure funding. The average percentage of general fund revenues utilized for infrastructure improvements and maintenance, for the five-(5) year period of 1996 to 2001, is and was 14.95%. Expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five- (5) year rolling average. ( c) The City Council shall by ordinance establish a Citizens Infrastructure Advisory Board to conduct an annual review and performance audit of the Infrastructure Fund and report its findings to the City Council prior to adoption of the following fiscal-year budget. View the mobile version. http://www.qcode.us/ codes/huntingtonbeach/view. php ?topic=charter-vi-61 7 &frames=on 7/1/2015 PROJECT DESCRIPTION: SOURCE DOCUMENT: COUNCIL PRIORITY POLICY: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 500,000$ 250,000$ 250,000$ 250,000$ 250,000$ Project Management 75,000$ Supplementals R/W Other TOTAL 575,000$ 250,000$ 250,000$ 250,000$ 250,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)575,000$ 250,000$ 250,000$ 250,000$ 250,000$ TOTAL 575,000$ 250,000$ 250,000$ 250,000$ 250,000$ TOTAL PROJECT COST:1,575,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Drainage CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Storm Drain Pump Station Building Improvements General building rehabilitation including roof and fascia replacement, minor structural and other associated building maintenance improvements. PROJECT NEED: The City's 15 storm drain pump station buildings are over 50 years old and are in need of rehabilitation, due to age and the marine environment, to protect the equipment inside. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:N/A Chris Cassotta Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2025/26 PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Drainage Pump Station Building Imp. 154 -,__ -7 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 200,000$ Construction 1,200,000$ Project Management 40,000$ Supplementals R/W Other TOTAL 200,000$ 1,240,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)200,000$ 1,240,000$ TOTAL 200,000$ 1,240,000$ TOTAL PROJECT COST: 1,440,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities Enhance and modernize public safety service delivery PD Heliport Hangar Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Interior improvements including remodeling maintenance office, kitchen, recreation area, restrooms, locker room and pilot lounge. Exterior improvements include roof improvements and skylight replacement. PROJECT NEED: Current hangar is in need of refurbishment and additional maintenance hangar is needed. SCHEDULE: FUNDING DEPARTMENT: Police DEPT. PROJECT MGR: Capt. Tim Martin COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities PD Heliport155 I - II II II I II II -11 - 1, - - I II II I -°' Spor1s Complex .5 ! ~~s'™:.~I ,~ ----I!:::::====~ l;::::11======== I - 7 I - I -~ 1-==a! STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 500,000$ 250,000$ 250,000$ 250,000$ 250,000$ Project Management 75,000$ 50,000$ 50,000$ 50,000$ 50,000$ Supplementals R/W Other TOTAL 575,000$ 300,000$ 300,000$ 300,000$ 300,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)575,000$ 300,000$ 300,000$ 300,000$ 300,000$ TOTAL 575,000$ 300,000$ 300,000$ 300,000$ 300,000$ TOTAL PROJECT COST: 1,775,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Drainage PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) General Building rehabilitation including roof and fascia replacement, minor structural and other associated building maintenance improvements. PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure The City's 15 storm drain pump station buildings are over 50 years old and are in need of rehabilitation due to age and the marine environment to protect the equipment inside. PROJECT TITLE: PROJECT DESCRIPTION: N/A SCHEDULE: Design Complete:FY 2021/22 Construction Complete:FY 2025/26 Storm Drain Pump Station Building Improvements Chris Cassotta MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. Drainage Pump Station Building Imp.156 - I I -I - II I l ::::I = - I I' J I I I I _I . IL 11 11 JI II II =" = J J J J _J PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTSFY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental$30,000 Construction752,000 $ Project Management33,000 $ Supplementals R/W Other69,000 $ TOTAL 884,000 $ FUNDING SOURCESFY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)384,000 $ OCTA New Fund (1283)500,000 $ TOTAL 884,000 $ TOTAL PROJECT COST: 884,000 $ Additional annual cost:$60,000 PROJECT TYPE: Rehabilitation CATEGORY: Drainage DEPT. PROJECT MGR:Trash Provisions regulation as adopted by the State Water Resources Control Board in 2017. Consultant Cost estimate Jim Merid Develop a plan to address major facility needs CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Construction and installation of an in-line trash removal device (TrashTrap) at the Atlanta Pump Station (8151 Atlanta Avenue). The device is an extra large fixed basket designed to remove trash/debris larger than 5mm in size. PROJECT NEED: The basis for this project is in compliance with the State's Trash Provisions which requires the City to implement trash removal devices to remove trash 5mm or greater from the storm drain system. FUNDING DEPARTMENT: Public Works HB Trash Removal Project - Phase II SCHEDULE: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Design Complete:FY 2023/24 DrainageHB Trash Removal Proj-Ph II 157 I I 11 II II II II II II===== I II II II I II 11 L!::::::==========!l l==================I II II PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental 50,000$ Construction 10,000,000$ Project Management Supplementals R/W Other TOTAL 50,000$ 10,000,000$ FUNDING SOURCES FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)50,000$ 10,000,000$ TOTAL 50,000$ 10,000,000$ TOTAL PROJECT COST: 10,050,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Facilities COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2024/25 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Design Complete:FY 2023/24 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Civic Center domestic hot water system replacement. PROJECT NEED: The copper piping is deteriorating and failing. The project requires copper pipe replacement throughout the facility and replacement of two (2) hot water tanks and pumps. Costs for hazardous materials testing and abatement included. SCHEDULE: FUNDING DEPARTMENT: Public Works Civic Center Hot Water System Replacement DEPT. PROJECT MGR: Kevin Dupras Implement solutions to enhance public safety Facilities CC Hot Water System Replacement 158 Civic Center l!:::::::==11 ========II l!:::::==========::::!J l!:::::===11 =======II PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental $100,000 Construction Project Management Supplementals R/W Other TOTAL 100,000$ FUNDING SOURCES FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)100,000$ TOTAL 100,000$ TOTAL PROJECT COST: 100,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Facilities DEPT. PROJECT MGR: Alisa Backstrom Develop a plan to address major facility needs CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Remodel City Treasurer's Office PROJECT NEED: The office is out of date and project is needed to update to current office standards.FUNDING DEPARTMENT: City Treasurer City Hall Treasurer's Office Remodel SCHEDULE: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Design Complete:FY 2023/24 Facilities City Treasurers Ofice  159 Ci vic Center l!:::::===11 =======II ~=i =II =~I PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental Construction 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ Project Management Supplementals R/W Other TOTAL 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ FUNDING SOURCES FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)250,000$ 250,000$ 250,000$ 250,000$ 250,000$ TOTAL 250,000$ 250,000$ 250,000$ 250,000$ 250,000$ TOTAL PROJECT COST: 1,250,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Facilities SCHEDULE: COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2027/28 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Design Complete:FY 2023/24 DEPT. PROJECT MGR:ADA Transition Plan Chris Tanio Develop a plan to address major facility needs CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Bring into ADA compliance select areas at City facilities, parks, public right-of- way. PROJECT NEED: As mandated by the ADA and the State of California Access Codes, this project will remove physical barriers limiting accessibility to and from City buildings, parks, facilities, and within the City right-of-way. FUNDING DEPARTMENT: Public Works ADA Improvement Program - Citywide Facilities ADA Imp Prog ‐ Citywide 160 I I 11 ll II I II I I II - J I ll II .=u ==, - STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 65,000$ 87,000$ Construction 650,000$ 813,000$ Project Management 65,000$ 147,000$ Supplementals 120,000$ R/W Other TOTAL 780,000$ 1,167,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)780,000$ 1,167,000$ TOTAL 780,000$ 1,167,000$ TOTAL PROJECT COST: 1,947,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities SOURCE DOCUMENT: Captain Martin MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. PROJECT LOCATION PROJECT NEED: FUNDING DEPARTMENT: Police DEPT. PROJECT MGR: CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Renovate and refurbish the current Watch Commander’s area to facilitate a move of the Communications Bureau to increase the space for the dispatch center to accommodate 21st century policing. Move the Watch Commander’s office facilities to another area within the interior of the Police Department. This SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 Enhance and modernize public safety service delivery The police department completed in 1974, needs infrastructure upgrades due to age. The dispatch center is too small to accommodate the current employees. PROJECT TITLE: PROJECT DESCRIPTION:PD Comm Center Remodel Facilities Comm Center161 - I . - I --~ •• CIJ Utica Ave t 1/) ~ ~ -~r I - H - II " . ~ - I L__ -, I - - II II II II II -n - l I I I I -I = II II II II PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Design/Environmental Construction 346,150$ Project Management Supplementals R/W Other TOTAL 346,150$ FUNDING SOURCES FY 23/24 FY 24/25 FY 25/26 FY 26/27 FY 27/28 Infr Fund (314)346,150$ TOTAL 346,150$ TOTAL PROJECT COST: 346,150$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY:Facilities MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: This City collects approximately $685,635 in space rent revenue annually, which is deposited to the General Fund. Design Complete:FY 2023/24 Construction Complete:FY 2023/24 PROJECT LOCATION PROJECT NEED: California Mobile Home Residency law (Civil Code Chapter 2.5) and the City's Rental Agreement with each homeowner require the City to maintain driveways/roadways. Asphalt surfaces are deteriorated and sub-standard. N/A FUNDING DEPARTMENT: Community Development DEPT. PROJECT MGR: Kim Radding Develop a plan to address major facility needs SCHEDULE: Ocean View Estates Roadways and Driveways Repair deteriorated roadways and mobilehome driveways. Asphalt surfaces are raveling and cracked. Depressions in the roadways are prone to flooding, and pot holes. Existing driveway conditions pose trip hazards due to severe cracks, graveled surface and pot holes. PROJECT TITLE: Facilities Ocean View Roadway Driveway 162 ~ l!:::::===11 =======II .............., ......-........~~ l!:::::===11 =======II PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 200,000$ Construction 10,350,000$ Project Management 350,000$ Supplementals 100,000$ R/W Other TOTAL 11,000,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)2,401,050$ Haz Mit (1222)6,598,950$ Drainage Fund (211)2,000,000$ TOTAL 11,000,000$ TOTAL PROJECT COST: 11,000,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Drainage COMMENTS ON GRANTS / OTHER FUNDS: This project received a $6,500,000 FEMA Grant. Additional funds to the project are from the General Fund. Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Heil Avenue Storm Water Pump Station Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Remove and reconstruct the existing Heil Avenue Storm Water Pump Station and increase capacity of the existing channel under Heil Avenue. PROJECT NEED: This project will increase capacity of storm water discharge in this area. SCHEDULE: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:Storm Pump Station Maintenance Supervisor Andrew Ferrigno Enhance and maintain the infrastructure Drainage Heil Storm PS163 l.!:::::::=====1 l!:::::::==11 =======::!II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 900,000$ Construction 2,000,000$ 6,250,000$ 3,000,000$ Project Management Supplementals R/W Other TOTAL 900,000$ 2,000,000$ 6,250,000$ 3,000,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)900,000$ 2,000,000$ Unfunded 6,250,000$ 3,000,000$ TOTAL 900,000$ 2,000,000$ 6,250,000$ 3,000,000$ TOTAL PROJECT COST: 12,150,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) PROJECT TITLE: Oak View Community Center Rehabilitaion PROJECT DESCRIPTION:The complete project includes the demolition and reconstruction of the Family Resources Center, rehabilitation of the gym, path & lighting improvements, as well as expansion of the Oak View Branch Library. The prior year amount is for community input, conceptual design, as well as plans and specs. PROJECT NEED: Expansion & rehabilitation of the community center & branch library are needed in order to better serve the community. The Council-approved ARPA funding will be allocated to the next steps in the design/construction phase. FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Development Impact Fee and Nexus Report - April 27, 2012 Ashley Wysocki Enhance and maintain the infrastructure SCHEDULE: Design Complete: Construction Complete: PROJECT LOCATION aka MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Facilities Oak View Community Center164 [i :::J 0 :;l" ::I 6 :::i PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 1,000,000$ Project Management Supplementals R/W Other TOTAL 1,000,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)1,000,000$ TOTAL 1,000,000$ TOTAL PROJECT COST: 1,000,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Streets MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 PROJECT LOCATION PROJECT NEED: Project is needed to enhance the City's urban forest and overall beautification of the urban environment.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:ARPA Proposed Projects Log Joseph Fuentes CITY OF HUNTINGTON BEACH Enhance and maintain the infrastructure SCHEDULE: Arterial Beautification Project will provide for installing medians and landscaping along arterial street corridors. CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Streets & Transportation Arterial Beautification165 rr===========i[t:::--IL===---~:::r:----l-::::::::i:::::~=::::J~====~~~:::::l 1--~ ~ lt::=-L===---~:::r:---f-::=+-::i::::::=:J~I~====:::?=~::::::; I l'========i 11'====1 ========II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 90,000$ 200,000$ Construction 600,000$ 1,400,000$ Project Management 50,000$ 300,000$ Supplementals 60,000$ 100,000$ R/W Other TOTAL 800,000$ 2,000,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)400,000$ 2,000,000$ Traffic Impact Fee (206)400,000$ TOTAL 800,000$ 2,000,000$ TOTAL PROJECT COST: 2,800,000$ Additional annual cost:$10,000 PROJECT TYPE: New CATEGORY: Transportation PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Design and construction of various bikeway and aesthetic infrastructure on key routes where enhanced bicycle and pedestrian facilities can be implemented with minimal roadway restructuring. PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure Project goals support overall desire to improve pedestrian and bicycle safety while promoting alternative modes of transportation. PROJECT TITLE: PROJECT DESCRIPTION: N/A SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 Citywide Mobility and Corridor Improvements William Janusz MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Fund Any unanticipated maintenance cost will be included in Public Works Operating Budget. Streets & Transportation Citywide Mobility166 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 180,000$ Construction 1,640,000$ Project Management 180,000$ Supplementals R/W Other TOTAL 2,000,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)2,000,000$ TOTAL 2,000,000$ TOTAL PROJECT COST: 2,000,000$ Additional annual cost:$0 PROJECT TYPE: New Construction CATEGORY: Facilities Enhance and maintain the infrastructure Joint Youth Training Center for Fire and Police Design Complete:FY 2022/23 CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: This funding would be allocated to build a new Joint Youth Training Center on the CNET training ground with new Fire Department and Police Department equipment to develop a two-track program that provides vocational and educational pathways for local students and underserved youth. PROJECT NEED: The new building would house the Police Department and Fire Department's two-track youth program equipment, education, and training. SCHEDULE: FUNDING DEPARTMENT: Fire DEPT. PROJECT MGR:N/A Eric McCoy COMMENTS ON GRANTS / OTHER FUNDS: Construction Complete:FY 2023/24 PROJECT LOCATION Any unanticipated maintenance cost will be included in Public Works Operating Budget. MAINTENANCE COST IMPACT: Facilities Joint Youth Training Center167 vi E •J Ellis,A1·tt / ~II ========II ~==i ~II ========II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 100,000$ 325,000$ Construction 3,250,000$ Project Management 30,000$ 300,000$ Supplementals R/W Other TOTAL 100,000$ 355,000$ 3,550,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Park Dev. Impact (228)100,000$ Infr Fund (314)355,000$ Unfunded 3,550,000$ TOTAL 100,000$ 355,000$ 3,550,000$ TOTAL PROJECT COST: 4,005,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Parks & Beaches PROJECT TITLE: PROJECT DESCRIPTION: City Council approved project on September 3, 2019. PROJECT NEED: FUNDING DEPARTMENT: Community & Library Services DEPT. PROJECT MGR: Enhance and maintain the infrastructure The park was constructed in 1972 and the playground equipment is over 23 years old and in need of replacement. Environmental enhancements to the pond are needed by diverting the drainage from the storm drain to sewer. PROJECT LOCATION SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2023/24 Carr Park Improvements Ashley Wysocki SOURCE DOCUMENT: CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Preparation of plans, specifications and construction documents for needed improvements that include addressing ADA compliance needs, fishing pond infrastructure and new themed playground equipment. MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. Parks & Beaches Carr Park168 ;;; . l >orlCir Carr Pai~ Cl, 1lyn Dr Annelle Cir d. C'·, '"• D I D ,i oy e r ~ ! - ed Cir'! .5 .,1i.~ _ Christy Dr Hell Ave Gumm Or Gloria Dr Jean Or Weber Cir Shields Dr STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 160,000$ Construction 900,000$ Project Management 90,000$ Supplementals 10,000$ R/W Other TOTAL 160,000$ 1,000,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)160,000$ 1,000,000$ TOTAL 160,000$ 1,000,000$ TOTAL PROJECT COST: 1,160,000$ Additional annual cost:$2,000 PROJECT TYPE: New CATEGORY: Transportation SOURCE DOCUMENT: William Janusz MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. PROJECT LOCATION PROJECT NEED: FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR: CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) As part of the Broadband Infrastructure Improvements, this project will install fiber optic conduit and cable along Garfield Ave between Huntington St and Newland St and along Gothard St between Edinger Ave and Warner Ave. SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 Enhance and maintain the infrastructure This is needed to improve connectivity between City Hall and other City facilities and traffic signals to the north. This segment improves redundancy which will maintain communications in case of a single break in the fiber optic cable. PROJECT TITLE: PROJECT DESCRIPTION: Traffic Signal System Master Plan Garfield and Gothard Avenues Fiber Optic Streets & Transportation Garfield & Gothard Fiber Optics169 - I -, I . - I -~r I - - H - II II II II II II -n " - . ~ l I I I I -I = - I II II II II L__ PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental Construction 5,200,000$ 5,400,000$ 5,400,000$ 5,400,000$ 5,400,000$ Project Management 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ Supplementals 100,000$ 100,000$ 100,000$ 100,000$ 100,000$ R/W Other TOTAL 5,400,000$ 5,600,000$ 5,600,000$ 5,600,000$ 5,600,000$ FUNDING SOURCES FY 21/22 FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)600,000$ 600,000$ 600,000$ 600,000$ 600,000$ RMRA (1247)4,800,000$ 5,000,000$ 5,000,000$ 5,000,000$ 5,000,000$ TOTAL 5,400,000$ 5,600,000$ 5,600,000$ 5,600,000$ 5,600,000$ TOTAL PROJECT COST: 27,800,000$ Additional annual cost:$0 PROJECT TYPE:Rehabilitation CATEGORY: Streets MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2021/22 Construction Complete:FY 2021/22 PROJECT LOCATION SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Arterial Rehabilitation Streets include Edinger (Saybrook-Countess), Warner (Algonquin-Los Patos), Talbert (Edwards-Springdale), Newland (Talbert-Slater), Brookhurst (Yorktown- Adams), Saybrook (Edinger-Heil), and Springdale (Warner-Slater) as budget allows. PROJECT NEED: Required to meet the goals of the Pavement Management Plan FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Chris Tanio Enhance and maintain the infrastructure CITY OF HUNTINGTON BEACH Streets & Transportation Arterial Rehabilitation 170 ""'"•!tlJt,II -= I Bloadl ,Id.» ,,..,. 1 ,. , ~.p M.a'U ~.... If! '¾,. '-,. II I ~=======I l~I ==I STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 Design/Environmental 224,600$ Construction 2,724,400$ 650,000$ Project Management 100,000$ Supplementals R/W Other TOTAL 2,949,000$ 750,000$ FUNDING SOURCES Prior FY 21/22 FY 22/23 FY 23/24 FY 24/25 Park Dev. Impact (228)1,300,000$ 750,000$ Blufftop Grant (1256)1,649,000$ TOTAL 2,949,000$ 750,000$ TOTAL PROJECT COST: 3,699,000$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Parks & Beaches PROJECT LOCATION MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) The full project includes renovations to the Bluff Top Park area, including the replacement of the guardrail and pathway widening (State funded), as well as replacement of access ramp and stair way railing, turf mitigation and enhanced landscaping at public access nodes. PROJECT NEED: FUNDING DEPARTMENT: Community Services DEPT. PROJECT MGR: SOURCE DOCUMENT: Farhad Bolourchi SCHEDULE: Design Complete:FY 2020/21 Construction Complete:FY 2021/22 Enhance and maintain infrastructure Bluff Top Park was constructed in the mid-1990's. Renovations are needed to address improvements affected by the marine environment and to maintain access and safety in the area. PROJECT TITLE: PROJECT DESCRIPTION: Master Facilities Plan for the City of Huntington Beach, Oct. 2011; Parks & Recreation Master Plan, Feb. 2016 Bluff Top Park Improvements Parks & Beaches Bluff Top Park Improvements171 -----------··-·• ,· r.============;;:::==========;;:::=:==~ PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 1,750,000$ Construction Project Management Supplementals R/W Other TOTAL 1,750,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)1,750,000$ TOTAL 1,750,000$ TOTAL PROJECT COST: 1,750,000$ Additional annual cost:$0 PROJECT TYPE:New CATEGORY: Streets PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: HB Recovery Fund PROJECT NEED: This project will enhance connectivity, revitalize businesses, and provide for increased activities for downtown visitors. FUNDING DEPARTMENT: Public Works Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2023/24 DEPT. PROJECT MGR:ARPA Proposed Projects Log TBD CITY OF HUNTINGTON BEACH Downtown Revitalization Improvements Project will reconfigure the broader downtown resort district, including enhancements to Main St. CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Streets & Transportation Downtown Revitalization172 ... =:;...ea.ch._, a _,• .. . .,, • 9 9 ~ .. ,.... .... .. II I !.!:::::::============1l l!:::::::==11 ========'II STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Design/Environmental 20,000$ Construction 230,000$ 250,000$ Project Management Supplementals R/W Other TOTAL 250,000$ 250,000$ FUNDING SOURCES Prior FY 22/23 FY 23/24 FY 24/25 FY 25/26 Infr Fund (314)250,000$ 250,000$ TOTAL 250,000$ 250,000$ TOTAL PROJECT COST: 500,000$ Additional annual cost:$0 PROJECT TYPE: New CATEGORY: Parks & Beaches MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. SCHEDULE: Design Complete:FY 2021/22 Construction Complete:On-going/Varies Oil Production Abandonment Janice Van Mullem PROJECT LOCATION CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) This project includes the abandonment of Civic Center oil wells. Phases of this project include abandonment of Civic Center #1, #2, #3 and the pipeline from Civic Center to the Miley Keck Tank Farm located at 19081 Huntington St, and all work required to return MKTF lease back to owner. PROJECT NEED: FUNDING DEPARTMENT: Fire DEPT. PROJECT MGR: SOURCE DOCUMENT: Enhance and maintain the infrastructure This is a continuation to abandon the 2nd and 3rd oil wells. In order to allow for better pricing (spread out risk and allow for efficiency with expensive tools/equipment), this CIP may include multiple wells in one FY. PROJECT TITLE: PROJECT DESCRIPTION: N/A Facilities Oil Production Abandonment173 I -• I' 11 :1 I I I - IL IL II II II -~ = I I I I I - STRATEGIC PLAN GOAL: Approved Requested PROJECT COSTS Prior FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental 151,620$ Construction 3,453,000$ 600,000$ Project Management Supplementals 331,200$ R/W Other TOTAL 3,935,820$ 600,000$ FUNDING SOURCES Prior FY 23/24 FY 24/25 FY 25/26 FY 26/27 Infr Fund (314)2,555,820$ 300,000$ SLESF Grant (984)600,000$ 300,000$ Police Fac. Dev. Impact (227)780,000$ TOTAL 3,935,820$ 600,000$ TOTAL PROJECT COST: 4,535,820$ Additional annual cost:$0 PROJECT TYPE: New & Rehabilitation CATEGORY: Facilities Construction Complete: Implement solutions to enhance public safety PROJECT LOCATION SCHEDULE: Design Complete:FY 2023/24 FY 2024/25 Captain Reilly SOURCE DOCUMENT: MAINTENANCE COST IMPACT: COMMENTS ON GRANTS / OTHER FUNDS: Any unanticipated maintenance cost will be included in Public Works Operating Budget. CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (Continuing Project) Improve a 4,300 sq ft area in the PD lower level, including an expanded 911 communications center, renovated watch commander station, and improved support staff offices. This project is partially funded from grant funds and a previously deferred PD locker room project. PROJECT TITLE: PROJECT DESCRIPTION:PD Comm Center Remodel PROJECT NEED: FUNDING DEPARTMENT: Police DEPT. PROJECT MGR: The lower level of the PD station has received minor upgrades since its completion in 1975. This project will modernize the lower level of the station to accommodate current policing needs. Facilities PD Comm Ctr Remodel 174 Yorktown Ave l!:::::===========I 11!::::::===I ========!Ill PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 600,000$ 600,000$ 600,000$ 600,000$ 600,000$ Project Management 65,000$ 65,000$ 65,000$ 65,000$ 65,000$ Supplementals R/W Other TOTAL 665,000$ 665,000$ 665,000$ 665,000$ 665,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Measure M (213)300,000$ 300,000$ 300,000$ 300,000$ 300,000$ Infr Fund (314)365,000$ 365,000$ 365,000$ 365,000$ 365,000$ TOTAL 665,000$ 665,000$ 665,000$ 665,000$ 665,000$ TOTAL PROJECT COST: 3,325,000$ Additional annual cost:$0 PROJECT TYPE: New CATEGORY: Neighborhood Zone 2 Curb Ramps Installation of curb access ramps in conjunction with maintenance improvements within Maintenance Zone 2. CITY OF HUNTINGTON BEACH CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: PROJECT NEED: Curb access ramps are required when adjacent streets are altered or rehabilitated.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Joseph Fuentes Enhance and maintain the infrastructure SCHEDULE: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 PROJECT LOCATION MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Neighborhood Residential Curb Ramps175 IC ~~====~ ----=111 =i11==f11 ~rF~11 ==~l" I I I I I 7 II II II II II I - - II - -1 II I I_ =1 PROJECT DESCRIPTION: SOURCE DOCUMENT: STRATEGIC PLAN GOAL: PROJECT COSTS FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Design/Environmental Construction 3,500,000$ 7,000,000$ 7,000,000$ 7,000,000$ 7,000,000$ Project Management 65,000$ 65,000$ 65,000$ 65,000$ 65,000$ Supplementals R/W Other TOTAL 3,565,000$ 7,065,000$ 7,065,000$ 7,065,000$ 7,065,000$ FUNDING SOURCES FY 22/23 FY 23/24 FY 24/25 FY 25/26 FY 26/27 Gas Tax (207)2,400,000$ 2,865,000$ 2,365,000$ 1,965,000$ 1,965,000$ Measure M (213)915,000$ Sewer Service Fund (511)100,000$ 100,000$ 100,000$ 50,000$ 50,000$ Water Fund (506)150,000$ 100,000$ 100,000$ 50,000$ 50,000$ Infr Fund (314)4,000,000$ 4,500,000$ 5,000,000$ 5,000,000$ TOTAL 3,565,000$ 7,065,000$ 7,065,000$ 7,065,000$ 7,065,000$ TOTAL PROJECT COST: 31,825,000$ Additional annual cost:$0 PROJECT TYPE: Rehabilitation CATEGORY: Neighborhood MAINTENANCE COST IMPACT: Any unanticipated maintenance cost will be included in Public Works Operating Budget. COMMENTS ON GRANTS / OTHER FUNDS: Design Complete:FY 2022/23 Construction Complete:FY 2022/23 PROJECT LOCATION SCHEDULE: CAPITAL IMPROVEMENT PROJECT INFORMATION (New) PROJECT TITLE: Zone 2 Residential Overlay Rehabilitation of residential streets with asphalt overlay within Maintenance Zone 2. PROJECT NEED: Extend the useful life and improve the appearance and function of residential streets.FUNDING DEPARTMENT: Public Works DEPT. PROJECT MGR:2020 Pavement Management Plan Joseph Fuentes Enhance and maintain the infrastructure CITY OF HUNTINGTON BEACH Neighborhood Residential Overlay176 ~-·J-. , •~-- .. ,.·· ..i...-J....:.-1.i~ ,••' ' ·-,::;~:!. '•·--:~-<~!:/ ·-:,,,.,_ ··-::¾.. I --.. ···-.::::\ ~ ·•.::.:--•• -1 ¾ ~========'I l!:::::::==11 ========'II Infrastructure Advisory Fund Report FY 2023/24 May 21, 2025 177 BACKGROUND •Prior to 2015, the Public Works Commission acted in the role of the Citizen’s Infrastructure Advisory Board to review and approve the Infrastructure Fund Report. In 2015, the CIAB and its duties were separated out, only to be combined again as of January 2022. 178 BACKGROUND •The Infrastructure Fund was established in 2002, by City Charter Section 617. Per Section 617 (a), the originally intended revenue source for the Infrastructure Fund was a planned utility use tax on natural gas purchased to generate electricity. However, this ballot measure failed. So, while the Charter amendment created the fund, it was left with no source of revenue. 179 NEED/WHY/BENEFITS •Charter requirements related to the fund are: •Revenue placed in the Infrastructure Fund shall not supplant existing infrastructure funding. •General Fund expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-year rolling average. •The Citizen’s Infrastructure Advisory Board/Public Works Commission conducts an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. 180 NEED/WHY/BENEFITS •The single substantial revenue source to the fund is General Fund excess fund balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous and current policies are shown in Attachment 1 of the find report along with Municipal Charter Section 617. 181 DETAILS •This report covers fiscal year July 1, 2023-June 30, 2024 Fund Balance July 1, 2023 $33,398,338 Revenue FY 2023/24 $18,339,598 Expenditures FY 2023/24 ($22,340,495) Fund Balance July 1, 2024 $29,397,441 Budgeted Revenue FY 2024/25 $17,539,539 Budgeted Expenditure s FY 2024/25 ($43,344,960) Budgetary Fund Balance July 1, 2025 $3,592,020 182 RECOMMENDATION •Approve the Infrastructure Fund Annual Report for Fiscal Year 2022/23 183 Questions? 184 Infrastructure Advisory Fund Report FY 2023/24 June 17, 2025 185 BACKGROUND • Prior to 2015, the Public Works Commission acted in the role of the Citizen’s Infrastructure Advisory Board to review and approve the Infrastructure Fund Report. In 2015, the CIAB and its duties were separated out, only to be combined again as of January 2022. 186 BACKGROUND • The Infrastructure Fund was established in 2002, by City Charter Section 617. Per Section 617 (a), the originally intended revenue source for the Infrastructure Fund was a planned utility use tax on natural gas purchased to generate electricity. However, this ballot measure failed. So, while the Charter amendment created the fund, it was left with no source of revenue. 187 NEED/WHY/BENEFITS • Charter requirements related to the fund are: • Revenue placed in the Infrastructure Fund shall not supplant existing infrastructure funding. • General Fund expenditures for infrastructure improvements and maintenance, subsequent to 2001, shall not be reduced below 15% of general fund revenues based on a five-year rolling average. • The Citizen’s Infrastructure Advisory Board/Public Works Commission conducts an annual review and performance audit of the Infrastructure Fund and reports its findings to the City Council prior to the City Council's adoption of the ensuing fiscal year budget. 188 NEED/WHY/BENEFITS • The single substantial revenue source to the fund is General Fund excess fund balance per the Financial Policy adopted in Fiscal Year 2006/07. The Policy was revised beginning in Fiscal Year 2009/10 to allow for an Economic Uncertainties Reserve commitment. Excerpts addressing the Infrastructure Fund for the previous and current policies are shown in Attachment 1 of the find report along with Municipal Charter Section 617. 189 DETAILS • This report covers fiscal year July 1, 2023-June 30, 2024 Fund Balance July 1, 2023 $33,398,338 Revenue FY 2023/24 $18,339,598 Expenditures FY 2023/24 ($22,340,495) Fund Balance July 1, 2024 $29,397,441 Budgeted Revenue FY 2024/25 $17,539,539 Budgeted Expenditures FY 2024/25 ($43,344,960) Budgetary Fund Balance July 1, 2025 $3,592,020 190 I -, -- I I - I I ~ J RECOMMENDATION • Approve the Infrastructure Fund Annual Report for Fiscal Year 2023/24 191 Questions? 192 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-407 MEETING DATE:6/17/2025 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:Lili Hernandez, PE, Principal Civil Engineer Subject: Accept the lowest responsive and responsible bid and authorize execution of a construction contract with Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70 for the Fiscal Year 23/24 Sewer Lining Project, CC-1777; and Approve an appropriation of $525,000 from the Sewer Service Fund Statement of Issue: On April 10, 2025, bids were received electronically for the Fiscal Year 23/24 Sewer Lining Project. City Council action is requested to award the construction contract for $1,599,942.70 to Vortex Services, LLC dba Sancon Technologies, the lowest responsive and responsible bidder. Financial Impact: Total funds for the project, including contingency and supplemental expenses, are estimated at $1,900,000. Currently, $1,375,000 is available in the Sewer Fund Account (51189024.82600). Staff requests an additional $525,000 appropriation from the Sewer Service Fund (511). Recommended Action: A) Accept the lowest responsive and responsible bid submitted by Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70; and B) Authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney; and C) Appropriate $525,000 from the Sewer Service Fund (511) to Account 51189024.82600 . Alternative Action(s): Reject bid or provide staff with alternative action. Analysis: City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 193 File #:25-407 MEETING DATE:6/17/2025 The Engineering and Utilities Divisions identified the need to rehabilitate existing sewer pipes based on maintenance history and video inspection. The project includes lining approximately 23,500 lineal feet of aged sewer main lines identified as the priority segments for this project. The locations would benefit from lining as the existing pipes have either calcium deposits from groundwater seepage through minor cracks and joints, or have joints impacted by tree roots from adjacent mature trees located on parkways. These calcium deposits and roots restrict sewage flow and will be removed prior to lining for improved efficiency. Lining of the pipes is a trenchless operation performed by inserting a cured-in-place liner inside the existing pipe to form a replacement pipe. This is an important, efficient, and cost-effective method for rehabilitating sewer main lines, helping to restore and maintain proper service while preventing sanitary sewer overflows. The project also includes rehabilitation of 86 manholes to further enhance system reliability. Bids were advertised electronically beginning on March 17, 2025 through April 10, 2025. Only one bid was received, which was from Vortex Services, LLC dba Sancon Technologies. Sancon (now operating as Vortex Services) has successfully completed the City’s Annual Sewer Lining Project for the past four years through the City’s open competitive bidding process. As a locally based contractor in Huntington Beach, their proximity reduces mobilization costs and contributes to their strong familiarity with the City’s sewer infrastructure, resulting in consistently competitive bids. Their submitted bid of $1,599,942.70 is approximately $200,000 below the Engineer’s Estimate of $1,800,000. Staff recommends awarding a contract to Vortex Services, LLC dba Sancon Technologies in the amount of $1,599,942.70. The total project cost is estimated to be $1,900,000, which includes the construction contract, a 10% construction contingency, and material testing and inspection. 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 C - Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. Attachment(s): 1. City Funded Construction Contract 2. Location Map 3. PowerPoint Presentation City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 194 195 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND VORTEX SERVICES, LLC dba SANCON TECHNOLOGIES FOR SEWER LINING FY 23/24 -CC1777 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Bl;lach, a municipal corporation of the State of California, hereinafter referred to as ''CITY," and VORTEX SERVICES, LLC dba SANCON TECHNOLOGIES __________ _,_ _________________ ,a _____________ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT, 11 more fully described as _____ S_e-'w~e_r _L_in_i_n=g~F~Y_23-'/_2_4_"_C_C_1'"'""7~7~7 ___ _ ____________________ in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and c;onstrnct the PROJECT pursuant to this Agreement and the Contract Documents (as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and constrnct the PROJECT in a good and workmanlike maimer. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the I 16-5195/City Funded Construction Contract.docx -revised 04/2016 196 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses inci.med by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to he borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agn;ement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-519 5/City Funded Construction Contract.docx -revised 04/2016 197 D. The edition of Standard Specifications for Public Works Construction, published by Builders'News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the patticular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision ofDPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-519 5/City Funded Construction Contract.docx -revised 04/2016 198 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Million Five Hundred Nine!)' Nine Thousand Nine Hundred Forty Two and ~ Dollars ($ ___ 1_,5_9_9_,9_4_2_. 7_0_~), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion within ____ O_n_e_H_u_n_d_r_e_d_T_w_e_nty....,_ ___ ( 120 ) consecutive Working days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The paiiies hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution ofits work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-519 5/City Funded Construction Contract.do ex -revised 04/2016 199 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx -revised 04/2016 200 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such perfonnance for a period of one (l) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. I 0. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR 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 6 J 6-519 5/City Funded Construction Contract.docx -revised 04/2016 201 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and detennine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of _____ __;,:O __ n_e__;T;;_h__;_:o_;_u--sa __ n __ d_an_d:........;;._00-'--'-/--1--00_D_o--'-ll--ar-"s ______ ($ 1,000.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of time), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx -revised 04/2016 202 delay and CITY shall extend the time for completing the work if: in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) "Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-519 5/City Funded Construction Contract.docx -revised 04/2016 203 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; (c) Payment of an amount the CITY disputes; ( d) Any disputes and other matters relating to the acceptability of the work performed or the intetpretation of the Contract Documents; ( e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (f) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW (or his or her written designee). All Demands shall be submitted promptly, but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary to substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to determine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx -revised 04/2016 204 after receipt of the additional information or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen (15) days ofreceipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 16-5195/City Funded Construction Contract.docx -revised 04/2016 205 or her Demand until the Demand is denied as a result of the meet and confer process, including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if DPW finds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx -revised 04/2016 206 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been perfo1med in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURJTIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contract.docx -revised 04/2016 207 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by Califomia Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3 700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREV AJLING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx -revised 04/2016 208 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the Califomia Labor Code, CONTRACTOR shall, as penalty to CITY, fo1feit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty ( 40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Constmction Contract.docx -revised 04/2016 209 (1) calendar day or forty ( 40) hours in any one (1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777 .5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 177 6, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx -revised 04/2016 210 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, 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, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-519 5/City Funded Construction Contract.docx -revised 04/2016 211 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT, This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection with the PROJECT, 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 occtmence, If coverage is provided under a fo1m which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties, Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the Additionally Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx -revised 04/2016 212 26. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each CatTier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thhiy (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the CONTRACTOR's defense, hold harmless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely maimer, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volunteers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a comt of competent jurisdiction which arises out of performance of this agreement within ten ( 10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx -revised 04/2016 213 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten ( 1 O) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to te1minate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-519 5/City Funded Construction Contract.docx -revised 04/2016 214 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pe11aining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR 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 California Government Code. 33. STOP NOTICES: RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contrnct.docx -revised 04/2016 215 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONTRACTOR'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 CONTRACTOR may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U.S. certified mail-return receipt requested: TO CITY: City of Huntington Beach ATTN: Lili Hernandez 2000 Main Street , Public Works Huntington Beach, CA 92648 35. SECTION HEADINGS TO CONTRACTOR: VORTEX SERVICES, LLC dba SANCON TEC a ATTN: Mark Weber, Project Manager 5841 Engineer Dr. Huntington Beach, CA 92649 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 maters included or excluded from such provisions, and do not interpret, define, limit or describe, or constme the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 16-5195/City Funded Construction Contract.docx -revised 04/2016 216 36. IMMIGRATION CONTRACTOR 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 United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR. 38. 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 the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. 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 1mless 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 22 16-519 5/City Funded Construction Contract.docx -revised 04/2016 217 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 cmtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterpruts 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. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event. 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Contract.docx -revised 04/2016 218 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. 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 Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 16-519 5/City Funded Construction Contract.docx -revised 04/2016 219 IN WITNESS WHEREOF, the parlies hereto have caused this Agreement to be executed by and through their authorized officers on "J\A.nt. to-\h , 20 25 . ITS: Chairman / Pl'esident (YTce-Presiden!) (circle one) By:_(1_.,0--__ _ Charles Parsons (print name) ,,___·~ecretary / Chief Financial Secreta / Tl'easurer ci,•cle one) Officer t @ CITY OF HUNTINGTON BEACH, a municipal corporntion of the State of California Mayor City Clerk REVIEWED AND APPROVED: City Manager 25 16-5195/City Funded Construction Conlract .docx -revlsed 04/2016 220 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ________ , 20~. CONTRACTOR: By: ______________ _ Ryan Helmuth (print name) ITS: Chairman/ President/ Vice-President (circle one) AND By : _______________ _ Charles Parsons CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk INITIATED AND APPROVED: Director of Public Works (print name) REVIEWED AND APPROVED: ITS: Secretary / Chief Financial Officer / Asst. Secretary / Treasurer (circle one) City Manager APPROV 25 16-5195/City Funded Construction Contract.docx -revised 04/2016 221 CONTRACT PREPARATION FORM To Be Submitted with Request for Legal Services (RLS) 1. Staff Contact: Lili Hernandez, Extension: 5386, Dept.: Public Works Utilities 2. Name of contracting party: Vortex Services, LLC 3. Contractor's Contact: Name: Mark Weber, Title: Project Manager Name of Firm: Vortex Services, LLC dba Sancon Technologies Street Address: 5841 Engineer Dr City, State and Zip Code: Huntington Beach, CA, 92649 Telephone: {714)_891:2323 4. Capacity of contracting party? (check one): a. D Sole Proprietor b. D General Partnership C. D Limited Partnership d. D Limited Liability Partnership e. D Trust f. ~ Limited Liability Company g. D Corporation 4a. CA State of Corporation Owner Signs General Partner General or Managing Partner General Partner Trustee wltrust document evidencing authority to sell 2 officers must sign. 1 officer from A and 1 from B Column 2 officers must sign. 1 officer from A and 1 from B Column Column A Chairman of the Board President Anv Vice-President .. ·. Column B . Secretary Any Assistant Secretary Chief Financial Officer Any Assistant Treasurer If the Corporation cannot provide the above signatures, it may have one officer sign only if an authorizing resolution from the Board of Directors is provided. 5. Who will sign the agreement? (See #4 above): Name: Title: Ryan Helmuth Vice President Name: Title: Charles Parsons Assistant Secretary 6. Purpose of this Agreement/Scope of Services: (Attach City's RFP and/or contractor's proposal). 7. Funding: IZl City Funded D State Funded D Federally Funded Contract_Prep_Form -CC1777 1 of 2 5/12/2025 9:48:00 AM 222 CONTRACT PREPARATION FORM To Be Submitted with Request for Legal Services (RLS) 8. Duration of the project? (Give number): 120 Days,_ Months,_ Years. 9. Compensation? (How much): $1,599,942.70. 10. Professional Services: Have the procurement Ordinances, H.B.M.C. Sections 3.02 and 3.03, et. seq., and Charter Sections 613 and 614 been complied with? (Be sure to discuss the Request for Council Action, what steps were taken to solicit proposal): Click Here To Select Response, Narrative: -- 11. Liquidated Damages: $1000 per day for each day delayed. 12. Does the contract require the payment of monies to the City? No. If yes, have copies of this request been forwarded to the City Treasurer and the Director of Finance? Click Here To Select Response. 13. Does the contract require a waiver of insurance or modifications of the minimum indemnification requirements? No. If yes, have copies of this request been forwarded to the Risk Manager and the City Attorney? Click Here To Select Response. With this form, please provide prior executed contract(s) and any amendments and name of attorney who handled previous assignment. . . Any exhibits must be submitted with the Request for Legal Services (i.e., scope of work and rate/fee schedule). All required bonds, certificates of insurance approved by the City Attorney's Office and/or waiver documents must accompany the contract when submitted for final signature. Contract_Prep_Form -CC1777 2 of 2 5/12/2025 9:48:00 AM 223 Josh Wright 3657 Briarpark Dr., Ste. 700 Houston, TX 77042 Phone: 713,458.5496; Cell 843-817-4604 Email: josh.wright@lockton.com April 1, 2025 To: John Hernandez Vortex Services, LLC dba Sancon Technologies 5841 Engineer Drive Huntington Beach, CA 92649 (714)785-6766 RE: City of Huntington Beach, California 0 LOCKTONl) UNCOMMOHLV IHDl!PENDl!HT Via FedEx Priority 04/10/2025 -10% Bid Bond for FY 2023/24 Sewer Lining Project CC No. 1777 Dear John: Enclosed please find the original documents as captioned above. Please have the bond signed and witness, where indicated, by an authorized officer of the company (and affix seal, if applicable) prior to filing the originals with your bid. Should your bid increase by more than 10%, please let us know as this could require additional sur~ty approval. Please do not hesitate to contact me at 713-458-5496 with any questions. Sincerely, Josh Wright Account Manager Enclosure 224 Document A310™ -2010 Conforme with The American lnsUtuto of Arohltoota AIA Document 310 Bid Bond CONTRACTOR: SURETY: (Namo, legal s/a/11s and addross) Vortex Services, LLC db11.Sancon Technologies 5841 Engineer Drive (N11!110 1 tagal s1a111s ,111d prltw/pal placo of b11:1h1uss) Axts nsurance Company Huntington Beach, CA 92649 OWNER: (Na1nq, lafial status mtd address) City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 10000 Avalon Boulevard, Suite 200 Alpharetta, GA 30009 BONO AMOUNT: Ten Percent of Total Amount Bid (10% T.A.B.) PROJE0r: (Namu, locat1011 or address, aud Project 111111,ber, If (Ill)~ FY 2023/24 $ewer Lining Project CC No. 1717 City of Huntington Beach, canrornla This dooumanl hus lmportoril legnl consequen~&. Consullallon wllh an attorney Is encouraged With respect to Its cQmplellon or modlfioatlon. Any singular rererenco to Contractor, sureiy, Owner or other party shall b!l COMlclered plural where applloabte, The Contrnctor and Surely nrc bound to tho Ow11er In lltfl nmounl sot forth nbovo, for !ho p11y1i1ont of which the Contn1ctor and Suroty bind lhomselves, their heirs, oxC4utors, ndminlstrntors, sue~ssors aild nsslgns,Jolnlly and scverolly, as provided horoln, Thu conditions or this Bond nre ~uch lhPI If the Owner neccpts !ho bid oft11c Contrnctor Within the time spcolficd in tho bid dooumcnls, or witl1ln suoh \Imo period os mny bo agreed 10 by the Owner ilnd Contr11otor, and lite Contrnctorellhcr (1) ontors Into n contrnot with the Owner In nctordnncc with the torms of such bid, nnd glvos such bond or bonds ns mny bo spcolficd In tho bidding or Contrnot Documents, wl\h a suriily ndmltted In !ho Jurisdiction of the Project nnd otherwise ncceptable to the Owner, for the fn!(hful pcrfonnntl'co of such Co11trMt 1111d fot tho prompt pnymcnt of lnbor and matorlnl furnished In the prosocutlon thcreo{l or (2) pnys to the Owner the difference, not to execcd tho nmount of this Bond, botwcen the amount spcoillcd In snld bid and such lnrsor amount for which tlHl Owner mny In good faith contract with 11nolher party to pcrfonn t.he work covered by sold bid, then this obllsntlon shall be 111111 nnd void, otherwise to remain in full force nnd ofloct. Tho Surety hereby wnives nTiy notice of M ogreement botwcon the Owner pnd Contrnctor lo extend the time In which tho Owner mny nccept the bid. Waiver ofno!lco by tho Surety shall not npply lo uny extension exceeding sixty (60) days In Ibo nggregnlo boyond the time fur ncccptonce of bids specified in the bid document~, 1111d tho Owner and Contractor shall obtnln tho SurQty"s consent for nu extension boyond sixty (60) dnys, If this Bond Is issued In oonnccllon with II subcontractor's bid lo n Coutractor, the tcmt Contrnolor In 1111s Bond sholl ho dcomcd to bo Subcontractor nnd the term Owner shnll be deemed to bo Contractor. When this Bond hos been furnished to comply with u stututory or othw lognl rcquiro111cnt iit the locntlon of the P10Jcct1 11ny provision In this Bond conflicting with sold slututory or legol requlromont sh nil be deemed deleted here from ond provisions confbrming to such slotutory or other logo I rcqulrem11ill sholl be doomed lncorporutcd herein, When so furnished, tho Intent Is thal lhls Bond shall be construed as 11 statutory bond ond not as a common law bond. Signed and sealed this 01st dny of April , 2025 (lf'/fne.rs) • l '; (Wlt11css) Robert . o o ,/' ; --=----orn~---- LMS,10054 00/10 225 STATE OF Acknowledgment of PRINCIPAL --------- COUNTY OF ______ _ On the _____________ , before me personally appeared _____ _ ____________________ to me known, who being by me duly sworn, did depose and say: that she/he is the _________________ of the --------------------------------the corporation described in and which executed the foregoing bond as principal; that she/he knows the seal of the said corporation; that the seal affixed to said instrument is such corpornte seal; that it was so affixed by 01·der of the board of directors of said corporation; and that she/he signed his name thereto by like order. · Notary Public STATE OF TEXAS COUNTY OF HARRIS Commission Expires: _____ _ Acknowledge1nent of SURETY On the 1st of April, 2025, before me personally appeared Aaron P. Clark that he/she is the Attomey"in"Fact of Axis Insurance Company, the Surety in and which executed the foregoing bond; that he/she knows the seal of said Surety; that the seal affixed to said bond is the corporate seal of the Surety; that it was so affixed by authority of the P~om.ey-ef-t.J:l Surety; and that he/she signed his/her name thereto by like authority. (___ Commission Expires: 08/28/2028 Joshua W~·i$ht, N Public ~,1t~~t,tfj,.,_, JOSHUA WRIGHT ?i/,.,.t;;,·.,C,,-;. Notary Public, State of Toi,;as i~v.·~ A.# Comm. Expires 08-28-2028 ~:.<~ •••~r" 111,,Rfn\''' Notary ID 135066300 226 POWER OF ATTORNEY jouAxoo2s:i1 Know All lllcn by 'l'ho,o l'i'cm1tu Thnl AXJS lnsurnnce Compnny, an llllnols property nnd cnsuolty comjlony, (tho "Compmiy") docs he~by nppolnt: Aaron Clark, Florence McClellan, Robert F Bobo, Timothy F Kelly, Teresa D Kelly, Craig C Payne, and.Laura Knehz. us Its trnc nnd lnwfill Allomoy(s)•ln-Pnct, lo mokc,uxccuto, seHI und deliver fur oml on Us belmlfll$ surety, bonds npd 1111dcrtuklngs1 such documc111s to be vulld ns though oxcoutcd by tho Comp1111y O11 Its own behulf,, The Cc.impnny muy revoke this np1>oh1ti11cnt al MY tlm~. BXCllPTlON: NO AUTHORITY Is gnmted to ninku, oxcc11tc, scn1 nod dollvor bonds or 1111dortnkh1gs thut guon111tco tho puymcnl or collection of 11ny promissory 110101 check, drnl\ or loller of credit. 1'hls Power of Allomcy ts signed, se11lud 1111d cortlliud tmder nnd by the m1thu11ly of resolutions udoptcd by 1mU11lmo11s wrlllon consunt of thu nonrd of Dlroutorn of tho Compnny on Se11tcmbcr 27, 2023: RESOLVGD, that In co1111cctlon with the Agree111c1its, m1y one of tho Chicfllxecuilve Officer, President, niiy Executive Vice President, any Senior Vice President of lhc Compnny, or nny Vice Pwsldent -Surety (ench 011 "Authorized OffiC<lr"), uctlng singly, shnll have tho power nnd nuthorlty to nppolnt nnd revoke Attomeys-l11-Fnot, mid to ti11ow such Attomoys-li1•Fnct to f\uthor dclcgnle their power nnd nmhorlty pursul\l\l to app1oprtntc written agreements, lo make, execute, sen! and deliver for and on behalf of the Compnny ns surety, bonds n11d undcrtnklilgs, such documents to be votld os though executed by the Company on its own bchnt~ nnd RESOLVED FURTHER, thnt each of the ench oftlw A11lhorlzed Officers mid nny Sccrctnry or Assistnut Sccre1ary of the Compnny, hereby is, acting singly, n1ilhorlzcd1 empowered and dlrcctc!I to perform such nets ond things os mny be neccsmy or npproprlnto to carry out the foregoing resolution nnd the trnnsl\ctions contcmplnted thereby, In Wlfnm Whcl'cor, AXIS lnsmanco Compnny hns cn1tscd this lnstrumont to bo slllned and Its corpornto sent 10 be nffixcd by a duly ctectcd-nnd qunllflod officer, this I 0th dAY of October. 2023. fly: Printed Name: _l'ifldrew M. Weissert Tille: ..S.1m!.ru:.YkQ~P.,,,te=sl=d=c1.,.1t ____ _ STATE OF GEORGIA COUNTY OF FULTON Before me personally cumo Andrew M, Weissert, §enior Vie¢ President of AXIS Insurance Company, (o me known to be the Individual and officer described herein, who noknowlcdgcd that they, being duty authorized, signed, scaled with the corporate seal and delivered the foregoing lnslrnment by the nulhorlty and dlrec!lon of sold Company. ,..,.,,,,,, ...... G IN TESTIMONY WHEREOF, I hnve hereunto set my hru)d nnd affixed my offieiol senl. ....,♦. b. J".vY•.,. .. ff 0 1· ""-c~~ ~ j' ;f.\l:i'~; Notoryl'u ~ ~ PU '~~ •i.o. O CERTIFICATION ~~~ ~o ••••• '\ ~,$ \\\~~''"" I, Frnnccs R, Mnthi~. Assistant Secretniy of AXIS lnsurunco Company, do hereby certify thnt 1hc nttachod Power of Attorney tho .!Q!.h dny of October. 2023, on bchnlf ofthc person(s) ns fisted nbovo Is n t!\10 and correct copy nod tho snmc hns been in full force Md effect since the dutc thereof nnd Is In full force nnd effect on the date of this ccrtiflcnte; nnd I do fm1hor certify that the snid Andrew M, Weisser!. who executed the Power of Allomey, wns n duty elected Senior Vice President of AXIS lnsuronco Compnny on tho dole oflhe execution oftho nttnchcd Power of Attomoy. IN TESTIMONY WHEREOF, I have hereunto sot my hnnd and offixcd the col)lorntc soal of AXIS Insurnnco Compnny on this the /!!..~JJJW.lf_ilf'..J!:J.L~:~ By:~$ Printed Nnme: Fr1mcos.~R~, =M=nl=h=is __ _ Tillo; .filsislont.§9.~ey ~ ~.,.,<o Ci) ?! C'Ollt 1OllATI! SE,\I, 227 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 100,t:m~l®:~l:t~:OO~~l:oo~OOO®l~~l®lJITT:f•ii~..ffi{flffi'~OOIW~~@l{l:ii9 A notary public or other officer completing this certificate verifies only the Identity of the lndlvldualwho signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of Callfornla } County of ____ O_ra_n_g_e ______ _ on _0_4_/0_8_/_20_2_5 _____ before me, __ M_o_S_ex_t_o_n_-_N_o_ta_ry_P_u_bl_ic _____ _ Date Here Insert Name and Title of the Officer personally appeared _R..c,.y_a_n_H_e_l_m_u_t_h ____________________ _ Name(s} of S/gner{s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) ls/are subscribed to the within Instrument and acknowledged to me that he/she/they executed the same In his/her/their authorized capaclty(les), and that by his/her/their slgnature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the Instrument. Ard'l:A,&AA~ MO SEXTON Notary Public -Callfor: 5 Orange County $'- Commission II 2437910 .. y Comm, Expires feb If, 2027 Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph ls true and com:!ct. Slgnatur OPTIONAL Completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Docl)ment: _________________________ _ DocumentDate: ___________________ NumberofPages: ___ _ Slgner(s) Other Than Named Above: _____________________ _ Capaclty(ies) Claimed by Slgner(s) Signer's Name: ___________ _ Signer's Name: ___________ _ □ Corporate Officer -Tltle(s): _____ _ □ Corporate Officer -Tltle(s): _____ _ □ Partner -□ Limited □ General □ Partner -o Limited □ General □ Individual o Attorney In Fact □ Individual o Attorney in Fact □ Trustee o Guardian or Conservator o Trustee □ Guardian or Conservator D Other: D Other: Signer Is Representing: ________ _ Signer Is Representing: ________ _ t118$f~l0~H,ll~l®u .. ~mm.'flll.~~~1.~'§:f,;6',Wtfl@W.filf~~~~Y.ll}WJ!l~•Kt:l.~11 ©2019 National Notary Association 22 8 City of Huntington Beach Bid Results for Project FY 2023/24 Sewer Lining Project (CC-1777) Issued on 03/17/2025 Bid Due on April 10, 2025 10:00 AM (PDT) 1 Mobilization (Limited to 6% ofTotal Bid) 2 Traffic Control 3 Cleaning and CCTV of 811 to 95% Orginial Diameter 4 Cleaning and CCTV of 10" to 95% Orginial Diameter 5 Cleaning and CCTV of 1211 to 95% Orginial Diameter Install UV Liner inside 811 pipe including Post Video Inspection in 6 IRD 187 Install CIPP Liner inside 8" pipe including Post Video Inspection 7 lin RD 128, 188, and 263 Install CIPP Liner inside 10" pipe including Post Video 8 I Inspection in RD 128, 188, and 263 Install CIPP liner inside 12" pipe including Post Video 9 I Inspection in RD 128, 188, and 263 10 I Grind and re-open Sewer Service Lateral 11 I Manhole lining Rehabilitation Repair Active Infiltration at Pipe Joints with Pressure Chemical 12 I Grouting Allowance for repair of Sewer Lines containing open cracks, offset joints, or other deformaties that restrict the ability to 13 !install lining LS 1 $78,627.00 $78,627.00 LS 1 $40,000.00 $40,000.00 LF 18974 $2.60 $49,332.40 LF 3131 $2.80 $8,766.80 LF 1297 $3.00 $3,891.00 ILF I 135031 $51.501 $695,404.50 ILF I 54711 $29.ool $158,659.00 jLF I 31311 $37.ooJ $115,847.00 LF 1297 $55.00 $71,335.00 EA 506 $50.00 $25,300.00 EA 86 $2,605.00 $224,030.00 IEA I sol $1,575.ool $78,750.00 IFFA I 11 sso,000.001 $50,000.00 PROJECT LOCATION Districts 128, 187, 188 and 263 229 0 0 .5 1 M iles 1 .5 FY 2023/24 Sewer Lining City of Huntington Beac h antaA..,e m tlton Ave nningAve, Fiscal Year 2023-2024 Sewer Lining Project June 17, 2025 230 Project Benefit – Why This Matters •Clean and remove calcium deposits, tree roots, and other debris from existing sewer lines •Install a new sewer liner using trenchless technology (CIPP method), utilizing the existing pipe as a host •A no-dig method that inserts a liner into existing pipes, avoiding open trench excavation and minimizing disruption to streets and neighborhoods •Improve sewer flow and reduce the risk of sewer overflows •Rehabilitate 86 manholes to maintain structural integrity and extend service life Sewer Lining - Trenchless Technology Manhole Rehabilitation 231 Project Location •District 128 Springdale/Bolsa/Edwards •District 187 Springdale/Slater/Talbert •District 188 Springdale/Slater/Edwards •District 263 Beach/Heil/Newland/Warner 232 0 0 .5 MIies 1 .5 FY 2023/24 Sewer Lining City of Huntington Beach a nning Ave. District 128 •Begins near Springdale & Briarcliff •Extends toward Springdale & Bolsa •4,749 linear feet of sewer lining •11 manholes to be rehabilitated 233 • Sewer Manholes to Rehabilitate= 11 Sewer Lines to Rehabilitate= 8-inch : 1620 ft, 10-inch: 2263 ft, 12-inch: 866 ft Ada E. Clegg I Helen Stacey Bolsa· AVd. --,--, '"'' ... 1r:,- :t_ ~ c1! ~t ~;, ~ ::~,, J ~,,,}\~"~' j lJO IVCPO , ~ •i Sewer Facilities City of /-l,mti11g to11 Beach No,·rmbcr2024 w@• s Sewe r Lines sico, o;,,....,tQ,oll.inoinlnohoo -c11ys.-u... --l'n,_0._Line -t:ountr-erlne ~\=~•~-s1v,ene -OlhetS.-rllne 01-0ucthlron HOPe -H5'11>DensllyPolyath~ ~-=~~ VCP-WrilledC!oyl~l UNl<-V,,S,-, .... __ :,_o:-~~002•0.211.) Sewer E ntit ies a El ■ ■ POV9 /Co,} l!I D l!I ■ + ,(], • + s;pmr, 9uik;lngs • c.,,,-;cp'°""°'""' {CP /A"""-T•••Strion•) 1 2J l:nl.llylndeXN..,,_ •,:i, ManholeOeplhin F- -Parks /Gol!Coorws -CllyF:,e- Ci11&u,.,,""''1 ROGrid Vicinity M a p 137 138 13 Reporting District 128 District 187 •Begins near Springdale, west of Slater •Extends into adjacent residential tract area •13,503 linear feet of sewer lining •53 manholes to be rehabilitated 234 • s-;;wer Manholes to Rehabilitate = 53 Sewer Lines to Rehabilitate = 8-inch : 13503 ft Sewer Facilitie City of I hm1i11g1on Reach ¼ YI!• .... __.. .. ., ........ ~--.... ~ O-e. .... (II.CU{ .. .... ~ .... ,_,.._,~ ~.~~ ~~°"--;::::=.,a.,,.,.. ._. ~•u.11Nl•U\,I (ff -c.utta... • 0 • • -. • . ~ • .. • . . ..,, ~ D • ..-. . --~ ·-. -9 ,c., __ 1t••MMo--•-- •'" ~.:.-°'"-.:-,... E] let _YI 178 District 188 •Begins near Springdale, east of Slater •Extends toward Flintstone on Fenley •517 linear feet of sewer lining •6 manholes to be rehabilitated 235 • Sewer Manholes to Rehabilitate = 6 Sewer Lines to Rehabilitate= 10-i nch : 868 ft , 12-i nch : 431 ft Sewer Facilities CityoflhmliJJg1on Bench '-""l_,.,.:,-,c• 177 ,c. __ ..i:•,--··-_,u ---,-- El \•l clnity M np 178 179 188 t 189 • 199 District 263 •Begins near Newland, south of Heil •Extends toward Brush and Irby •3,851 linear feet of sewer lining •16 manholes to be rehabilitated 236 I: • Sewer Manholes to Rehabilitate= 16 Sewer Lines to Rehabilitate = 8-inch: 3851 ft q, ft _2 "CP000l!_ 2998 ::,037 :>o . 3 ~ ! ~ ! C :. t. . Sewer Facilities City of Hunti11 gto11 Beach Sewer Lines s.n· Diamoo1ato1UM.-.1ncM1 --C,tyS.-line --PrlvMtS.-l.m -countyS:-LN --OIIM<S-.LN ;~~=-~ Dl •Ouc:lilelron '1U>'t•HlghlM<>IOtyt'Oly,Uhyl9ne ~~~:::~= ... SST-SlainleuSle&I ~~:-r:..=18y(P,pe) Slc>J-c Slo~0IL.inft(0.002a0_2.,,) Sewer Ent ities Cily """'•teCouniyOII.... 0 0 0 e .o. Cleonout .. ,;g/C"I' c, D □ □ 1..i1'1Suotico1 . . . • S.phon Tr~k>n Bulldln;f -~-- ,Ce,lllodicP,Ole<;lion (CPIMOOeTHIStallont) 123 En1•ty-•Nllmbe< •,. -PllrQ/GollCou,.._ ,, .... 252 262 263 j 264 272 273 Reporting District 263 Fiscal Year 23/24 Sewer Lining Project •ENGINEER’S ESTIMATE •LOWEST RESPONSIBLE AND RESPONSIVE BIDDER •BID AMOUNT •TOTAL FUNDING •AVAILABLE FUNDS •ADDITIONAL FUNDS REQUESTED •TENTATIVE CONSTRUCTION •CONSTRUCTION DURATION $1,800,000 VORTEX SERVICES, LLC dba Sancon Technologies $1,599,942.70 $1,900,000 (including 10% contingency and inspection) $1,375,000 (Sewer Fund Account 51189024.82600) $525,000 (Sewer Service Fund (511)) AUGUST 2025 through JANUARY 2026 APPROXIMATELY 6 MONTHS 237 Questions? 238 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-486 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Marissa Sur, Director of Human Resources PREPARED BY:Marissa Sur, Director of Human Resources Subject: Adopt Resolution No. 2025-47 Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers’ Association by Adopting a Side Letter of Agreement Statement of Issue: The current Memorandum of Understanding (MOU) between the City and the Huntington Beach Police Officers’ Association (POA) is effective January 1, 2023, through June 30, 2026. Although the current MOU allows for the City to report certain special pays to CalPERS, certain information is missing from the MOU preventing CalPERS from accepting the City’s report of these pays. Financial Impact: No additional funding is requested. Funding is included in the FY 2024-25 budget. Recommended Action: Adopt Resolution No. 2025-47, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding (MOU) Between the City and the Huntington Beach Police Officers’ Association (POA) by Adopting the Side Letter of Agreement.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: Article VII of the current MOU between the City and POA outlines certain Special Pays that POA members may be eligible to receive, and the agreement that the City will report each pay as special compensation pursuant to Title 2 of the California Code of Regulations. However, after further review by CalPERS it was identified that the MOU as written did not meet the CalPERS criteria for reportable compensation. City staff and the POA have agreed upon revisions to the language that meet the criteria for reportability for CalPERS. These revisions are redlined in the proposed Side City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 239 File #:25-486 MEETING DATE:6/17/2025 Letter of Agreement. The proposed Side Letter of Agreement does not add any special pays not already provided for in the current MOU, nor change an employee’s eligibility to receive them. The revised language allows for the City to report the special compensation to CalPERS per the terms of the current MOU. 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. 2025-47 2. Exhibit A- POA Side Letter of Agreement 3. POA Side Letter PowerPoint Presentation City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 240 241 RESOLUTION NO. 2025 -47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE POLICE OFFICERS' ASSOCIATION (POA) BY ADOPTING THE SIDE LETTER OF AGREEMENT WHEREAS, on June 20, 2023, the City Council of Huntington Beach adopted Resolution 2023-31 for the purpose of adopting the Memorandum of Understanding (MOU) between the City and POA; Subsequent to the adoption of the MOU, the City of Huntington Beach and POA met and conferred and agreecj to changes, cofrections, and clarifications to the MOU that are reflected in a Side Letter of Agreement attached hereto as Exhibit A and incorporated herein by this reference. The Side Letter of Agreement modifies language pertaining to special pays and the reportability and compliance with CalPERS regulations. · NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Huntington Beach as follows: 1. The Side Letter of Agreement attached hereto as Exhibit A is approved and adopted. 2. The Side Letter of Agreement amends the MOU between the City of Huntington Beach and POA 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 ANO APPROVED: APPROVED AS TO FORM: City Manager INITIATED AND APPROVED: Director of Human Re ~urces 25-16580/3 80544 242 SID E LETTER OF AGREEMENT BETWEEN CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION This Side Letter of Agreement ("Agreement") between the City of Huntington Beach ("City") and the Huntington Beach Police Officers' Association ("HBPOA") (is entered into with respect to the following: WHEREAS, the Parties are parties to Memorandum of Understanding (MOU) with a term of July 1, 2023 to June 30, 2026; and WHEREAS, the parties have spent time following the completion of their negotiations to address the pensionability of numerous forms of pay included in their MOU; and WHEREAS, as a result of the parties' discussion , the parties wish to make changes to their MOU; and WHEREAS, the following sets forth the Parties' Agreement: The parties' agree to modify their MOU as can be seen by the track changes included in the articles of the MOU below: ARTICLE VII -SPECIAL PAY A. Educational Pay 1 . Police Professional Development Plan The Professional Development Plan for sworn personnel shall be as fo llows : a. College Degree Program i. Upon earning an AA Degree or equ ivalent unitsattaining "Junior status " in a degree program , an employee shall be paid three percent (3 %) of base hourly rate of pay in addition to other compensation. ii. Upon earning a BA/BS Degree , an employee shall be pa id six percent (6%) of base hourly rate of pay in addition to other compensation . This pay is in lieu of pay received under sub-section (a)i above. iii . College degrees or College units under this program shall conform to POST standards for accreditation as noted in POST Regulation 9070 (c)(1)(A) and (B). 243 iv. The parties agree, to the extent permitted by law , the compensation -i-R for the College Degree Programt his section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(2) and Section 571 .1 (b)(2) Educational Incentive Pay. b. POST Certificate Program i. Upon verification of having earned an Intermediate POST Certificate , an employee shall be paid three percent (3%) of base hourly rate of pay in addition to other compensation. ii. Upon verification of having earned an Advanced POST Certificate , effective June 24, 2023, an employee shall be paid eight percent (8%) of base hourly rate of pay in addition to other compensation. This pay is in lieu of pay received under sub-section (b)i above . iii. The parties agree, to the extent permitted by law, the compensation fo r t he POST Certificate Programin this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(2) and Section 571.1 (b)(2) Peace Officer Standard Training (POST) Certificate Pay. c. Stipulations: i. ii. Eligibility must be approved by the Chief of Police. An employee must maintain their certification to remain eligible for the pay. Obtaining transcripts or other acceptable documentation is the employee's responsibility. An employee may verify equ ivalent un its (to a n AA degree) "Junior" status by submission of written verification that the employee has completed 60 or more accredited units and has achieved Junior status w ith that educational institution . d. POST Supervisory Leadership Institute: i. Police Sergeants that have completed the POST Supervisory Leadership Institute and received their appropria te certifica t ion for completion shall receive $80 per month. The parties agree , to the extent permitted by law , the compensation for the POST Supervisory Leade rship Instit ute in th is section is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(2) and Section 571.1 (b)(2) Peace Officer Standard Training (POST) Certificate Pay. The maximum benefit that may be paid to an employee under Article VII, Section (A)ill (Police Professional Development Plan) is fourteent1Nelve percent (1 12%) of the base hourly rate. In addition, Sergeants may be eligible for POST Supervisory Leadership Institute pay as provided in subparagraph 3, above. 2 . Certified Flight In structor Pay 244 Employees who have rece ived the certification as a Cert ified Flight Instructor shall be pa id five percent (5%) of their base hourly rate of pay . T he parties agree, to the exte nt permitted by law, the compensation in this section is special compensat ion and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(2) and Section 571 .1 (b)(2) as Educationa l Incentive Pay 3. Nurse Certification or Degree Premiump.a.y. -Employees in the classification of Detention Shift Supervisor, who possess a Nurse certification or Degree (beca use possession of a Nurse Certification or Degree is not required for the position and will enhance their abi lity to do their job), pursuant to the Nurse c lassification j ob description , shall receive five percent (5%) of their base hourly rate, for so long as they possess the Nursing Degree or certification. a. Overtime i. Overtime shifts among employees in the Detention Officer, Nurse Detention Officer and Detention Shift Supervisor classifications shall be assigned using a computerized staffing program, such as In-Time ,_ and according to the parameters set forth herein. ii. The parameters for programing the computerized staffing program shall be those parameters currently utilized for patrol overtime, and shall include the following : 1) Short Notice overtime (i.e., less than 72 hours advance notice) will be filled by the employee who first responds affirmatively to an email or text message notification of an available shift. 2) Regular Notice Overtime (i.e ., 72 hours or more advance notice) will be assigned to an employee who has indicated an availability for the shift and who has worked the least overtime hours that deployment. If two or more employees have the same number of overtime hours worked, the shift shall be assigned to the employee with the greatest seniority. b. Detention Shift Supervisor: i. Assignment to Vacant Shifts: Employees in the Detention Shift Supervisor classification will be assigned to work for vacant shifts in the Detention Shift Supervisor classification, subject to the parameters in paragraph 1. However, if no Detention Shift Supervisor has indicated an ability to work a vacant shift in the computerized staffing program, the shift will then be assigned to an employee in the Nurse Detention Officer or Detention Officer classifications , applying the above parameters. The Nurse Detention Officer or Detention Officer assigned to the shift will work in their regular assignment , not as the Supervisor. 245 ii. Shift Bidding: Detention Shift Supervisors shall bid shifts by seniority, according to their time as a Detention Shift Supervisor. c. Nurse Detention Officer and Detention Officer: i. Assignment to Vacant Shifts : Employees in the classifications of Nurse Detention Officer and Detention Officer, will be assigned to work for vacant shifts in either classification, (e.g., because of a leave of absence). The parameters set forth in paragraph 1 will be followed by using the combined list (which includes seniority) of both Nurse Detention Officers and Detention Officers. Employees in both classifications can fill a vacancy for either classification. Employees in the classification of Detention Shift Supervisor are not permitted to be assigned to work a vacancy for either a Nurse Detention Officer or Detention Officer unless there are no employees available (as set forth in paragraph 1 above) in the Nurse Detention Officer or Detention Officer classifications to work the shift. d. Shift Bidding: Employees in the classifications of Nurse Detention Officer and Detention Officer will bid shifts based on seniority. There will not be separate allocations of Detention Officer and Nurse Detention Officer positions on each shift, rather there will be a number of available shifts that may be bid equally by employees in either classification . The names of employees in both classifications will be placed on one seniority list, not individual seniority lists for each classification . Employees will be permitted to bid shifts each deployment. The parties agree, to the extent permitted by law , the compensation for in this sectio n (Nurse Certification or Degree Premium-Payj for emp loyees in the classification of Detention Shift Superv isor is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(2) and Section 571.1 (b)(2) Educational Incentive Pay. AB . Special Assignment Pay The provision of specia l assignments , including the pay is set forth in Exhibit H to this MGY,. The Special Assignments provided to members of the un it are set forth below. Should the C ity create any new special assignments , the parties agree meet and confer over the pay and address t he pensionability of the pay. #ley shall be paid according to the terms of the MOU and shall be covered by the terms of this provision , unless otherwise specifically agreed by the Association and the C ity. Selection Process for Special Assignments 246 Employees will be selected for Special Assignments 1-11 below through a testing process, which will at a minimum include the following components: a. Submittal of written request for the assignmen t, that shows that any applicable prerequisites are satisfied. b. Written examination, which will be weighed 25% of total score. c. Oral Interview, which will be weighed 75% of total score.,_-: The oral interview panel will include a supervisor for desired assignment. d. A ranked eligibility list will be established based on candidates' total score. e. The Division Commander and Police Chief shall appoint candidates to the special assignment using a "rule of five" (i.e., any candidate among the top- five scoring candidates may selected. When a candidate is appointed, the sixth-highest scoring candidate will then move into the top-five for future appointments. f. The duration of eligible lists shall be 6 months. As set forth below, each special assignment may have additional selection criteria. 1. Detective Division Prem iums-;. Employees who are routinely and consistently assigned to the Investigation Division (which includes the Detective Bureau and the Special Investigations Bureau) shall be paid three percent (3%) of their base hourly rate of pay for Detective Division Prem ium . The parties agree, to the extent permitted by law, the compensation in th is section 3 is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) a nd Section 571 .1 (b)(3) Detective Division Premi um . Assignment to Detectives : §..,___Existing detectives in permanent assignments shall be permitted to remain in those assignments (i.e., "grandfathered") until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. b . All Detective Bureau positions are conside red "permanent" assignments, except iin each "section" of the detective bureau (i.e., Crimes Against Persons, General, Economic) there sha ll be three designated one position s (one per section except Major Crime) that are that is considered g )ota tional~ positions . A rotational posit ion shall be for a five (5) year term . 247 c . As incumbent "permanent" detectives leave their positions. the first vacancy in each section shall be converted to a rotational position. All other future vacancies from permanent positions shall be filled by selections to "permanent" position. Future vacancies from rotational positions shall be filled by selections to "rotational" positions. d. When a permanent pos it ion becomes vacant, employees shall test specifically for the permanent positions . All employees, including Detectives in rotational positions, are e lig ible to test for permanent positions. Assignment to Specia l Investigations e . Each "section" of the All Special Investigations bureau positions (i.e ., Narcotics, Vice, Gangs, Crime Task Force, Regional Task Force and Intel) are cons idered rotational positions . L Those 6-_rotational positions shall be for a five (5) year term. All other deteciive pos itions shall be considered "permanent" ass ignments . L AS inG1o1mbent "permanent" deteGtii.ies leave U:ieir positions, the ffrst vaGanGy in eaGh seGtion s"1all be G0nverted to a rotati0nal p0sition. /\II 0ther f1;1t1;1rn vaGanGi@s fr0m permanent p0sitions shall b@ fill@d by seleGtions to "permanent" p0sition. ~1;1t1;1rn vaGanGiss from rntati0nal p0sitions shall be filled by selections t0 "rntational" positions. When a permanent position becomes vacant, employees shall test specifically for the permanent positions . All employees, including Detectives in rotational positions , are eligible to test for permanent positions . 2. Motorcycle Patrol Premium Employees regularly assigned to motorcycle duty shall be paid five percent (5%) of their base hourly rate of pay for Motorcycle Patrol Premium. This pay shall also be paid for the hours an employee is in training for this assignment. The parties agree any time spen t on maintenance and/or cleaning of motorcycles shall be on -duty un less overtime has been approved in advance . The parties agree, to the extent permitted by law, the compensation in th is section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571.1 (b)(3) Motorcycle Patrol Premium . Assignment to Motors~ 248 EL_Existing police officers assigned as Motors in permanent assignments shall be permitted to remain in those assignments (i.e., "grandfat hered ") until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. L There shall be five (5) Motor positions designated as "permanent" positions. The rest of the positions in Motors are considered rotational positions. £,_Rotational positions shall be for a five (5) year term. &.d. As incumbent "permanent" Motors leave their positions, the first five motors vacancies shall be filled by employees in rotational positions. They shall be considered "rotational" and subject to a five (5) year term. b-:-e. When a permanent position becomes vacant, employees shall test specifically for the permanent positions. All employees , including Motors in rotational positions, are eligible to test for permanent positions. 3. Police Investigator Premium This is specia l assignment compensat ion to those officers who are routinely and consistently assigned to or investigative accidents . These employees shall be paid three percen t (3 %) of their base hou rly rate of pay fo r Po l ice Investigator Premium . The parties agree , to the extent permitted by law, the compensation in th is section 3 is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 57 1 (a)(4) an d Section 571 .1 (b)(3) Pol ice Investigator Prem ium . a . Field Accident Investigator b . T raffic Investigator Traffic Investigator selection criteria : 1) There shall be one (1) traffic Investigator position designated as a "permanent" position. The existing two employees assigned as traffic Investigators are in a permanent assignment and shall be permitted to remain in that assignment (i.e ., "grandfathered") until they voluntarily relinquished the position, promote, are removed for just cause or separate from the City. 2) The first traffic investigator position to become vacant shall be converted to a rotational position . Should additional non-motor traffic investigator positions be authorized, they shall be considered 249 "rotational ". All rotational traffic investigator positions shall be subject to a five (5) year term . 3) When a permanent traffic Investigator position becomes vacant, employees shall test specifically for the permanent positions. All employees , including Traffic Investigators in rotational positions , are eligible to test for permanent positions. c . Traffic Investigator Supervisor (Police Se rgeant). These emolovees are responsib le for the call-outs for Traffic Investigators and superv ise the invest igations . Th is assignment is rotational and subject to a five (5) year term . 4 . Po lice Liaison Prem ium Th is is special assignment compensation to those Police Officers who are routinely and cons istently ass igned to funct ion as a liaison between special persons , groups or courts and the po lice departm ent. This pay is prov ided to Po lice Officers who are assigned to the Homeless Task Force, a School Resource Office r or to the Downtow n Patrol Lia ison Team . These employees shall be paid three percent (3%) of their base hourly rate of pay for Police Liaison Prem ium . Each of the above assignments is cons idered rotational and subject to a five (5) year term . The parties agree, to the extent perm itted by law, the compensation in this section is special compensation and shall be reported as such pursuant to T itle 2 CCR , Section 571 (a)(4) and Section 571.1 (b)(3) Police Liaison P remium . 5 . Safety Officer Training/Coordinator Premium This is special assignment compensation to those emp loyees who are routinely and consistently assigned to instruct personnel in safety procedures who are assigned to the Train ing Un it. These employees sha ll be paid three percent (3%) of t heir bas e hourly rate of pay for Safety Officer Train ing/Coordinato r Premium . This assignment is rotational and subject to a five (5) year term . The parties agree, to the extent permitted by law, the compensation i n this section is spec ial compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Safety Officer Train i ng/Coordinato r Premium . 6 . DUI Traffic Officer Premium 250 This is special assignment compensation to police officers who are assigned to the DUI Unit and who are routinely and consistently assigned to enforce Driving Under the Influence (DUI) of alcohol or drug laws . These employees shall be paid three percent (3%) of their base hourly rate of pay for Safety Officer Training/Coordinator Prem ium . Th is assignment is rotational and subject to a five (5) year term . The parties agree, to the extent permitted by law, the compensation in this section is specia l compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571.1 (b)(3) DUI Traffic Officer Premium . 7. Police Administrative Officer Premium This is special assignment compensation to police officers who are assigned as a backgrounds investigator, employees assigned to the Professional Standards Unit and the Administrative Sergeant (who supervise the Background Investigator and the PIO) and who are routinely and consistently assigned to police administration to provide support for the Police Chief and command staff in the operation of the police department. These employees shall be paid three percent (3%) of their base hourly rate of pay for Police Administrative Officer Premium . The two assignments in this section are rotational and subject to a five (5) year term. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571.1 (b)(3) Police Administrative Officer Premium . 8 . Training Prem ium Training Premium is compensation to employees who are routinely and consistently assigned to train employees. FTO Compensation -Compensation shall be one-quarter (.25) hours pay at the base hourly rate, for each hour worked as a Field Training Officer in addition to other compensation for the following assignments : a . Police Officers who have successfully completed a POST certified Field Training Officer Course and have been designated Field Training Officers, assigned to Traffic or Patrol Bureaus, shall be eligible for Field Training Officer compensation . b . Detention Employees designated to act as Training Officers. 251 c. Motor Officers designated to act as Training Officers. d . Communication Emp loyees designated as T ra ining Officers . The parties agree, to the extent permitted by law, the compensation in th is section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Training Premium. 9. Canine Officer/Animal Premium a. Pay for Handling, Train i ng and Boarding a Canine This is special assignment compensation to those officers who are rout i ne ly and consistently assigned to handle, t rain and board a can ine . These employees shall be paid three percent (3%) of their base hourly rate of pay for Officer/Animal Prem ium . Assignments to the canine handler position shall generally be "for the life of the dog". If the assignment is of a duration that is less than three years, due to an issue with the canine, an additional dog may be assigned and still count as one term. A canine handler may be assigned a second term as a handler, upon request and approval of the Police Chief, who has full discretion whether to approve a second term or not. The parties agree , to the extent permitted by law, the compensation for officers who are routinely and consistently assigned to handle, train and board a canine is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(4) and Section 571 .1 (b)(3) Canine Officer/Animal Premium . b. Pay for the off-duty ca re, feeding and grooming of the can ine and the routine, off-duty canine-related maintenance of their canine car Employees assigned to canine duty shall also be paid for the off-duty care, feeding and grooming of their canine and the routine, off-duty canine-related ma intenance of their canine car. The City and the Association have considered the time that canine officers typically spend on off-duty canine care. and determined it to be fifteen (15) hours per month . Employees assigned to canine duty sha ll be paid fifteen (15) hours per month at the overtime rate of pay based on the canine care salary rate. The canine care salary rate shall be two-thirds (2/3) of the Canine Officer's base pay rate, excluding any specialty or sim ilar pays . In negotiating this MOU, the City requested that the Association conduct an actual inquiry of the hours which employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson City (9th Cir. 2004). The Association advised the City that the inquiry revealed 252 that the hours to which the parties have ag reed -(fifteen hours per month) accurate ly describes t he time such employees are perform i ng such d ut ies each month . In addition to the fifteen (15) hours of pay per mont h described in the preced ing paragraph, canine office rs shall be pa id for off-duty veterinary visits and extraordinary off-duty care, provided that, absent an emergency, the Officers shall obta in supervisor approval fo r such care and shall submit payroll exemption slips . Any such add itional canine compensation shall be paid at the ir overtime rate as defined i n Article IX .A.4 . The pay for the off-duty care, feed ing and grooming of their canine and the routine , off-duty can i ne-related maintenance of their canine car is not pensionable and will not be reported to Ca lPERS . 10. Aircraft/Helicopter Pi lot Premium This is specia l assignment compensation to those safety employees who are routinely and cons istently assigned as a ircraft/he licopter pi lots . Employees assigned to t he Air Support Unit to pi lot the helicopter as their primary duty assignment (i.e ., assigned at least 50% of their schedu le d hours in a pay period) shall be paid eight percent (8 %) of their base hourly rate of pay in addition to other compensation . The parties agree this pay shall commence upon assignment to the Aero unit. Th is assignment is a permanent assignment. Emp loyees sha ll be permitted to remain in this assignment until they voluntari ly relinquish the position, promote , are removed for just cause or separated from the City The parties agree, to the extent permitted by law, the compensation in this section is spec ial compensation and sha ll be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Ai rcraft Heli copter Pilot Premium 11 . Lead Worker/Supervisor Premi um This is special assignment compensation to those emp loyees who are routinely and cons istently assigned to a lead or supervisory position over other emp loyees, subordinate classifications , o r agency-sponsored program participants . This pay is av ailable to those emp loyees in the classificat ion of Administrat ive Dispatch Supervisor who manage scheduling and superv ise the tra ining program and trainers in the Communication Cen ter. These employees w ill be paid three percent (3%) of their case hour ly pay for Lead Worker/Supervisor Prem ium . 253 This pay is also available to those employees designated as a Chief Pilot/Safety Officer who shall be pa id five percent (5%) of their base hourly rate of pay for Lead Worker/Supervisor Premium . The duties, eligibility requirements and selection process are set forth in Exhibit I to the MOU. This assignment is a permanent assignment. Employees shall be permitted to remain in this assignment until they vo luntarily relinquished the position, promote, are removed for just cause or separated from the City The parties agree, to the extent permitted by law, the compensation in th is section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Lead Worker/Supervisor Premium. 12. Bilingual Premium Employees who are routinely and consistently assigned to positions requiring communication skills in languages other than English, who are qualified (as set forth below) shall be paid five percent (5%) of their base hourly rate of pay for Bilingual Premium. Human Resources will have written and oral tests designed and adm inistered to test for qualifications. The qualifications will cover the more routine foreign language requirements in filling out crime reports, interviewing suspects and witnesses, and responding to the public on matters relating to an incident or other police action. Th e languages included will be Spanish, Vietnamese and American S ign Language . Additional languages may be approved at the discretion of the Chief of Police. Authorization of qual ified employees for bilingua l compensation will be based on the following: a . A need for the employee to use the language in the City to support the imp lementation of police operations . b . At the discretion of the Chief of Police, the number of emp loyees qualified in each category may be lim ited based on department needs. c . Successful completion of tests authorized by the Chief of Police will be required to qualify for bi lingual pay for any of the languages. The City reserves the right to re-test at the Chief of Police 's discretion, no more frequently than once every 12-months. 254 The parties agree, to t he extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Bilingual Premium . B. flight Pav Employees assigned to the Air Support Unit to fly in the helicopter as their primary duty assignment (i.e., assigned at least 50% of their scheduled hours in a pay period) shall be paid eight percent (8%) of their base hourly rate of pay in addition to other compensation. The parties agree this pay shall commence upon assignment to the Aero unit. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(4) and Section 571.1 (b)(3) Flighl Time Premium. C. Chief Pilot/Safety Officer One employee will be designated as the Chief Pilot/Safety Officer and shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation. The duties, eligib ility requirements and selection process are set forth in Exhibit I to the MOU . The parties agree , to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(4) and Section 571 .1 (b)(3) Flight Time Premium . D. Certified Flight Instructors Employees assigned as certified flight instructors shall be paid thirteen percent (13%) of their base hourly rate of pay in addition to other compensation. This pay is in lieu of Flight Pay defined in Section B above. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(4) and Section 571.1 (b)(3) Flight Time Premium . €-,.C. Shift Differential-Detention and Communication Employees' required to work on a regular assigned shift that occurs during swing shift or graveyard shift, as defined by departmental policy through the meet and confer process , shall be paid five percent (5%) of the employee's base hourly rate of pay in addition to other compensation for all hours worked during the swing or graveyard shift. The parties agree the department policy has been established by the meet and confer process. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571 .1 (b)(3) Shift Differential. F. Motor Pay 1. Employees regularly assigned to motorcycle duty shall be paid five percent (5%) of their base hourly rate of pay in addition to other compensation . Th is pay shall also be paid for the hours an employee is in training for this assignment. 2 . The parties agree any time spent on maintenance and /or cleaning of motorcycles shall be on duty unless overtime has been approved in advance . 255 The Qe partment duties: 256 1 . Holiday In Lieu Pav Employees represented by the Association and actively emp loyed by the C ity , in addition to other compensation , shall be paid each b-iweekly payroll one tiNenty sixth (1/26) of the total one hundred and t•Neflty (120) holiday hours earned for the year. 2 . Holidays V'Jorked Employees 1Nho are required to work on a recognized City holiday shall receive Hol iday Pay in additi on to the Holiday In Lieu Pay set forth above equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12:00 a.m. through 11 :59 p .m . on the recognized hol iday-,- The parties agree , to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR , Section 571 (a)(5) and Section 571 .1 (b)(4) Holiday Pay. 3 . Holidays The follo1Ning are the City recognized pa id holidays under this MOU: a. New Year's Day (January 1) b . Martin Luther K ing 's Birthday (third Monday in January) c. President's Day (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f . Labor Day (first Monday in September) g . Veteran's Day (November 11) h . Thanksgiving Day (fourth Thursday in November) i. F riday after Thanksgiving j . Christmas Day (December 25) J. FTO Compensation Compensation shall be one quarter (.25) hours pay at the base hourly rate , which may be deposited as compensatory time, for each hour worked as a Field Tra ining Officer in addition to other c ompensation fo r the following assignments: Police Officers 1Nho have successfully completed a POST certified Field Training Officer Course and have been designated Field Training Officers, assigned to Traffic or Patrol Bureaus, shall be eligible for Field Training Officer compensation . Detention Employees designated to act as Training Officers. Motor Officers designated to act as Training Officers. Communication Employees designated as Training Officers. The parties agree , to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 5 7 1 (a)(4) and Section 571 .1 (b)(3) Training Premium . 257 DK Longevity Pay -The City shall provide all sworn employees represented by the Association, the following longevity pay in addition to other compensation as established by the Department's Sworn Personnel Seniority List: 1. Five percent (5%) of the base hourly rate of pay at 10 years of qualified sworn law enforcement experience. 2. Effective June 24, 2023, fifteen percent (15%) of the base hourly rate of pay at 20 years of qualified sworn law enforcement experience . This pay is in lieu of the pay identified in sub-section 1 above. 3. Effective June 24, 2023, five percent (5%) of the base hourly rate of pay at 20 years for non-sworn employees who have worked for the City of Huntington Beach for twenty (20) years or more or worked in the same job classification ( even if some of the time was with another law enforcement agency) for twenty (20) years or more. Only sworn law enforcement experience as defined by California Penal Code Sections 830.1 and 830.2 or the out-of-state equivalent as determined by the Chief of Police shall be included as qualified sworn law enforcement experience in the calculation of longevity. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571(a)(1) and Section 571.1(b)(1) Longevity Pay. !;_h. Retention Pay -~N on-sworn employees in the bargaining unit with at least twenty (20) years of experience working in a law enforcement department who do not qualify for Longevity Pay in Subsection t-Q_above (either because they have not worked for the City or in the same classification for twenty (20) years or more), tRey-shall receive Retention pay at five percent (5%) of the base hourly rate. If the employee subsequently qualifies for Longevity Pay as defined in Subsection I above , they shall no longer qualify for Retention Pay. Reten ti on Pay is not pensionable and w ill not be reported to CalPERS . FM . Effective Date of Special Pays -All special pay in th is Artic le V II shall be effective the first full pay period following certification (if appl icable) and verification as approved by the Chief of Police or designee. All pays in th is section are cons idered special pays am:1--shall be included as part of the regular rate of pay for the purposes of calculating overtime . All pays not in this section are not considered special pays and are not included in the regular rate of pay for purposes of calculating overtime, except On-Call Court Time (Article IX(B)(3)(b)) and Cancelled Subpoenas (Article IX(B)(3)(c)) which shall be calculated into the regular rate of pay at base hourly rate, but not reported to PERS as special compensation . 258 GN. No Pyramiding/Compounding of Special Pay-Each special pay is a percentage of that employee's base hourly rate of pay and shall not be counted towards the value of any other special pay. 0. Nurse Pav Employees in the classification of Detention S hift Supervisor, who possess a Nurse certification, pursuant to the Nurse classification job description , sha ll receive-five percent (5%) of their base hourly rate , for so long as they possess the Nu rsing Degree or certification . 1 . Overtime a . Overtime shifts among employees in the Detention Officer, Nurse Detention Officer and Detention Shift Supervisor classificatio ns shall be assigned using a computerized staffing program , such as In Time , and according to the parameters set forth herein . b. The parameters for programing the computerized staffing program sha ll be those parameters currently utilized for patrol overtime , and shall include t he following : 3) Short Notice overtime (i.e ., less than 72 hours advance notice) will be filled by the employee who first responds affirmatively to an email or text message notification of an available shift . 4) Regular Notice Overtime (i.e ., 72 hours or more advance notice) ·.viii be assigned to an emp loyee who has indicated an avai lability for the shift and who has \&Jerked the least overtime hours that deployment. If tv,o or more employees have the same number of 0 1.iertime hours worked , the shift shall be assigned to the employee 1.vith the greatest seniority. 2 . Detention Shift Supervisor: a . Assignment to Vacant Shifts: Employees in the Detent ion Shift Supervisor class if ication--will-be-assg-Red to work for vaca nt sh ifts in the Detention Shift Supervisor c lass ification , subject to the parameters in paragraph 1. Ho11.1ever, if no Detention Sh ift Supervisor has indicated an ability to work a vacant shift in the computerized staffing program , the shift w ill then be assigned to an emp loyee in the Nurse Detention Officer or Detention Officer classifications , applying the aaeve parameters. T he Nurse Detention Officer or Detention Officer assigned to the shift will 1.vork in t he ir regu lar assignment, not as the Supervisor. b . Shift Bidding: Detention Shift Supervisors shall bid sh ifts by seniority, according to their time as a Detention Shift Supervisor. 3 . Nurse Detention Officer and Detention Officer: a . Assignment to Vacant Shifts : 259 Employees in the classifications of Nurse Detention Officer and Detention Officer, wi ll be assigned to work for vacant shifts in e ither classification, (e .g., because of a leave of absence). The parameters set forth in paragraph 1 will be fo llowed by us ing t he combined list (wh ich includes seniority) of both Nurse Detention Officers and Detention Officers . Employees in both classifications can fill a vacancy for either classification. Employees in the c lass if ication of Detention Shift Supervisor are not permitted to be assigned t o work a vacancy for either a Nurse Detention Officer or Detention Officer un less there are no employees avai lable (as set forth in paragraph 1 above) in the Nurse Detention Officer or Detention Officer c lassifications to 'Nork the shift. b . Shift Bidding: Employees in the c lassifications of Nurse Detention Officer and Detention Officer 1Nill bid shifts based on sen iority . There 'Nill not be separate allocations of Detention Officer and Nurse Detention Officer positions on each sh ift , rather there wf«-be a number of available shifts that may be bid equally by employees in either classification . The names of employees in both classifications wi ll be placed on one seniority list, not ind iv idual seniority lists for each c lassification . Employees w ill be permitted to bid shifts each deployment. The parties agree , to the extent permitted by law, the compensation in this section fNurse Pay) is specia l compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(2) and Section 571.1 (b)(2) Educationa l Incentive Pay. ARTICLE IX -HOURS OF WORK/OVERTIME B. Other Time: 7. Canine Compensation Employees assigned to can ine duty shall be pa id for the off duty care, feeding and g rooming of their canine and the routine, off duty canine related maintenance of their canine car. T he City and t he Association have considered the t ime that canine officers typically spend on off duty canine care , and determined it to be fifteen (15) hours per month . Employees assigned to canine duty shall be paid fifteen (15) hours per month of overtime rate of pay based on the canine care sa lary rate . The canine care sa lary rate shall be two thirds (2/3) of the Canine Officer's base pay ra te , excluding any specialty or similar pays. In negotiating this MOU, the City requested that the Associat ion conduct an actua l inquiry of the hours wh ich 260 employees assigned to Canine duties perform each month to ensure compliance with the FLSA and in particular the case of Leever v. City of Carson C ity (9th Cir. 2004). The l\ssociation adv· · · · that the hours to which the parties have agreed (fifteen hours per month) accurate ly describes the t ime such employees are performing such duties each month . In addition to the fifteen (15) hours of pay per month described in the preceding paragraph, canine officers shall be paid for off duty veterinary visits and extraordinary off duty care, provided that, absent an emergency, the Officers shall obtain supervisor approval for such care and shall submit payroll exemption slips . Any such additional canine compensation shall be paid at their overtime rate as defined in Article IX.A.4 . The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(4) and Section 571.1 (b)(3) Canine Officer/Animal Premium . ARTICLE XII -LEAVE BENEFITS C. Holidays 1 . Holiday In-Lieu Pay -Employees represented by the Association and actively employed by the City, in addition to other compensation, shall be paid each biweekly payroll one twenty-sixth (1/26) of the total one hundred and twenty (120) holiday hours earned for the year. 2 . Holidays Worked -Employees who are required to work on a recognized City holiday shall receive Holiday Pay in addition to the Holiday In-Lieu Pay set forth above equal to fifty percent (50%) of their regular rate of pay for all time actually worked from 12:00 a .m. through 11 :59 p .m. on the recognized holiday. The parties agree, to the extent permitted by law, the compensation in this section is special compensation and shall be reported as such pursuant to Title 2 CCR, Section 571 (a)(5) and Section 571.1 (b)(4) Holiday Pay. 3 . Holidays -The following are the City recognized paid holidays under thi s MOU : a. New Year's Day (January 1) b . Martin Luther King's Birthday (third Monday in January) c . President's Day (third Monday in February) d. Memorial Day (last Monday in May) e. Independence Day (July 4) f. Labor Day (first Monday in September) g. Veteran's Day (Novemb er 11) 261 h. Thanksgiving Day (fourth Thursday in November) i. Friday after Thanksgiving j . Christmas Day (December 25) 262 EXHIBIT H SPECIAL ASSIGNMENT PAY Except as otherwise noted , employees assigned to the follo11.«ing assignments shall reoeive Speoial Assignment Pay of three percent (3%) and serve in these assignment pursuant to the follo1Ning terms: Detectives: Existing deteotives in permanent assignments shall be permitted to remain in those assignments (i.e ., "grandfathered") until they voluntarily relinquished the position , promote , are removed for just cause or separate from the C ity . In each "section " of the detective bureau (i.e ., Crimes Against Persons , General , Eoonomic) there shall be three designated positions (one per section) that are oonsidered rotational positions . Those rotational positions shall be for a five (5) year term . /\II other detective positions shall be oonsidered "permanent" assignments . /\s incumbent "permanent" deteotives leave their positions , the first vacancy in eaoh section shall be converted to a rotational position. /\II other future vaoanoies from permanent positions shall be filled by seleotions to "permanent" position . Future vacancies from rotational positions shall be filled by selections to "rotationa l" positions. When a permanent position beoomes vacant, employees shall test specifically for the permanent positions. /\II emp loyees , including Detectives in rotational positions , are eligible to test for permane nt positions . Motors Existing po lioe offioers assigned as Motors in permanent assignments s hall be permitted to remain in those assignments (i.e ., "grandfathered ") until they voluntari ly relinqu ished the position, promote , are removed for just oause or separate from the City. There shall be five (5) Motor pos itions designated as "permanent" positions. The rest of the positions in Motors are considered rotationa l positions . c. Rotational pos itions shall be for a five (5) year term . /\s inoumbent "permanent" Motors leave their positions, the first five motors vacancies shall be filled by employees in rotational pos itions . They shall be considered "rotational" and subject to a five (5) year term . d. VVhen a permanent position becomes vacant , emp loyees shall test specifically for the permanent positions . /\II employees , including Motors in rotational positions , are e ligible to test for permanent positions. Traffic Investigator 4) There shall be one (1) traffic Investigator position designated as a "permanent" position . The existing two employees assigned as traffio Investigators are in a permanent assignment and shall be permitted to remain in that assignment (i.e ., "grandfathered ") until they •~oluntarily 263 2 . 3 . 4. 5 . 6 . relinquished the position , promote , are removed for just cause or separate from the City. 5) The first traffic investigator position to become vacant shall be converted to a rotational position . Should additional non motor traffic investigator pos itions be authorized, they shal l be considered "rotational". All rotational traffic investigator pos it ions shall be subject to a five (5) year term. e)4) When a permanent traffic Investigator position becomes vacant, employees shall test specifical ly for the permanent positions. All employees , including Traffic Investigators in rotational positions , are eligible to test for permanent pos itions . Aero Bureau : a . All Officers and Sergeants assignments in the Aero Bureau are permanent assignments. Employees shall be perm itted to remain in those assignments until they voluntarily rel inquished the pos it ion , promote, are removed for just cause or separate from the City Canine Handlers : a . Assignments to the canine handler position shall generally be "for the life of the dog". If the assignment is of a duration that is less than three years , due to an issue with the canine , an additiona l dog may be assigned and still count as one term . A canine handler may be assigned a second term as a handler, upon request and approval of the Police Chief, 1Nho has full discretion whether to approve a second term or not. Regional Task Forces / Special Investigations Bureau (SIB) / Special Events Coordinator (Sergeant) I Homeless Task Force (HTF) / T raining Unit / Professional Standards Unit / Special Enforcement Team (Downtown Foot Beat excluding the seasonal Beach Detail) /DUI Unit / School Resources Officer / Backgrounds Investigator / Jail Manager (1 Sgt.) I Adm inistrative Dispatch Supervisor a. Each of the above assignments is c onsidered "rotational" and subject to a five (5) year term . b . Should the City create any new speci al assignments, they shall be paid according to the terms of the MOU and shall be covered by the terms of this provision , unless otherwise specifically agreed by the Association and the City . Chief Pi lot See separate Attachment to the MOU . Selection Process for Special Ass ignments Employees will be selected for Special Assignments through a testing process , which 1Nill at a minimum in clude the following components : 264 g . Submittal of written request for tl::i . applioable prerequ isites are satisfiede assignment, tl::iat SRO'NS tl::iat any l::i wr·tt · · · . • " en exam1nat1on , •.vl::iiol::i will be wei l::ied ~§01. i. Oral Interview wl::iiol::i ..,ill b .., . R g re of tota l score . ' . n e neig ed 7§% of total soore- a . Tl::ie oral interview panel '"'ill in I d . . assignment. ft 6 u e a supervisor for desired j . /\ ranked e l igibility list 'Nill be establisl::i d . k. Tl::ie Division Commander and Pol' ~ . based on oa~d 1dates' total soore . ~peo ia l assignment using a "rule 0 ;~:e "~~ef sl::ial ~ appo!nt oand idates to tl::ie five soaring oandidates ma, seleote \fl:.e., any oan_d 1dat~ among tl::ie top sixtl::i l::iigl::iest sooring oandfdate "'ill ~i, "'l::ien a o_and1date is appointed , tl::ie appointments. .. en move into tl::ie top five for future I. Tl::ie duration of e ligible lists sl::iall be 6 montl::is . 265 CHIEF PILOT Af--a.Ry given time , there will be no more than one employee assigned as Chief Pilot. DUTIES The Chief Pilot is responsible for monitoring the aeronautical proficiency of all Air Support pilots. The Chief Pilot also evaluates current and proposed flight operations, aircraft and flight training programs. The Chief Pilot reviews safety, training, maintenance and operational needs to ensure an acceptable level of standardization exists within the division. The Chief Pilot is also responsible for the following: • Conduct or facilitate an FAA flight review every 2 years as mandated by FAR 61.56. • Provide flight instruction as needed. • Establish special flight training, educational programs or FAA-mandated training for pilots. • Evaluate all rules, policies and regulations regarding air support pilots, aircraft and operations. • Review all specialized train ing affecting pilots. ELIGIBILITY REQUIREMENTS AND PREREQUISITE EXPERIENCE. To be eligible for the position of Chief Pilot, unit employee shall possess the following: 1) Flight Certificates a) Commercial Rotorcraft rating b) Certified Helicopter Flight Instructor rating 2) Flight Hours a) A minimum of 1000 hours as a pilot-in-command (helicopter) b) A minimum of 100 hours of helicopter flight instruction 3) Education a) A minimum of 50 hours of combined aviation education covering aviation safety, mishap management, crew resource management, flight training and aviation regulations and procedures. 4) Demonstrated leadership and communication skills. SELECTION PROCESS 1) Selection Process for Chief Pilot will include a testing process, which will, at a -minimum, include the following: 266 i) Submittal of Written Request for Assignment, demonstrating that all prerequisites are satisfied . ii) Oral Interview (Panel to include the Unit Supervisor). iii) Review & Assessment of work history, including input from current and former supervisors and managers (if applicable) iv) Input from specialty assignment chain of command v) Ultimately requ ires approval of Division Commander and Police Chief. 2) 5-year initial assignment with indefinite ability to extend in one-year increments at the sole discretion of the Chief of Police. 267 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this __ day of __ 2025. By : By : By : By: CITY OF HUNTINGTON BEACH Travis Hopkins City Manager Marissa Sur Director of Human Resources Peter J. Brown Chief Negotiator Eric Parra Chief of Police HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION By: By: By: By: By : -------------Mark Wersching POA President -------------Jake Knox POA Vice President Sean McDonough POA Board Member ~fL_______ Robert Wexler Chief Negotiator APPROVED AS TO FORM Mike Vigliotta City Attorney 268 IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this __ day of __ 2025. CITY OF HUNTINGTON BEACH By <::(_ ~I e,. Travis Hopkins City Manager By: ~ _./)- Marissa Sur Director of Human Resources BY: ifl5du 1 @J;ow11, Peter J . Brown Chi goti ---- By: By: Sean McDonou POA Board Member Robert Wexler Chief Negotiator TION APPROVED AS TO FORM By:~~~#-~Lk~- Mike Vigliotta City Attorney Proposed Side Letter of Agreement with the Police Officers’ Association (POA) City Council Meeting June 17, 2025 269 Overview • The City Council adopted the Memorandum of Understanding (MOU) between the City and POA on June 30, 2023 • The proposed Side Letter amends language related to reporting certain special pays provided for in the MOU to CalPERS 270 Proposed Side Letter Article VII – Special Pay The proposed Side Letter amends Article VII of the current MOU with the POA to place all special pays in the same section of the MOU and include certain details required by CalPERS for the pays to be reportable, such as: • Pay type • Certification requirements • Selection process for special assignments No new special pays or benefits are being added with the proposed Side Letter 271 City Council Options • Staff Recommendation: • Adopt Resolution No. 2025-47, “A Resolution of the City Council of the City of Huntington Beach Amending the Memorandum of Understanding Between the City and the Huntington Beach Police Officers’ Association by Adopting a Side Letter of Agreement” • Alternative Action: • Do not approve the recommended action and direct staff accordingly 272 Questions? 273 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-499 MEETING DATE:6/17/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Michael Vigliotta, City Attorney PREPARED BY:Michele Hoffman, Senior Legal Assistant Subject: Response Regarding Cease and Desist Letter Alleging Brown Act Violations Statement of Issue: The City of Huntington Beach received a cease and desist letter from the ACLU dated May 22, 2025 , alleging violation of the Ralph M. Brown Act. Financial Impact: Not Applicable Recommended Action: Without admitting any violation of the Ralph M. Brown Act, the City of Huntington Beach hereby unconditionally commits that it will cease, desist from, and not repeat the challenged past action as described in the letter from the ACLU dated May 22, 2025, and analysis section of this staff report. Alternative Action(s): Direct staff accordingly. Analysis: The City of Huntington Beach received a cease and desist letter from the ACLU dated May 22, 2025 , alleging that the following described past action of the legislative body violates the Ralph M. Brown Act: 1) Warning members of the public that they may not “make crude gestures” or use “foul language” when they provide public comment; 2) Warning members of the public that they may not address individual councilmembers by name when they provide public comment; 3) Silencing, muting, or ordering the removal of members of the public who “make crude gestures,” use “foul language,” or refer to individual councilmembers by name when they provide public City of Huntington Beach Printed on 6/11/2025Page 1 of 2 powered by Legistar™ 274 File #:25-499 MEETING DATE:6/17/2025 comment; or 4) Enforcing the portion of the Council’s “Meeting Decorum” rules that prohibits purportedly “abusive” language, “whistling, clapping, stomping of feet, repeated waving of arms” as inherently and automatically “disruptive.” Environmental Status: Not Applicable Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. May 22, 2025 Letter from ACLU City of Huntington Beach Printed on 6/11/2025Page 2 of 2 powered by Legistar™ 275 ••••• Sent via email May 22, 2025 Mayor Pat Burns Honorable Members of the City Council City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 SupplementalComm@Surfcity-hb.org City.Council@surfcity-hb.org RE: Brown Act Cease and Desist Letter Dear Mayor Burns and Members of the Huntington Beach City Council: I write on behalf of Wendy Rincon to notify you of violations of the Brown Act committed by Mayor Burns during the public comment period at the May, 6 2025 Huntington Beach City Council meeting and to seek commitments from Mayor Burns and the City Council to prevent similar violations in the future. Mayor Burns violated the Brown Act, Government Code §§ 54950 et seq., along with the United States and California Constitutions, by announcing that “making crude gestures or use of foul language” would be considered disruptive conduct that would place audience members at risk of removal or even arrest, by prohibiting speakers from addressing individual councilmembers by name during the public comment period, and by cutting off Ms. Rincon and others when they when they did attempt to address individual councilmembers by name. Additionally, the City Council’s published “Meeting Decorum” rules are overbroad, and any attempt to enforce them as written would violate the public’s statutory and constitutional rights. Summary of Events As he addressed the audience before the public comment period opened1, Mayor Burns stated that 1 These statements from Mr. Burns can be found starting at approximately 21minutes and 45 seconds into the video of the May 6 meeting, found here: https://www.youtube.com/watch?v=TtcEsV8YMXU. Subsequent references to timestamps on the meeting video refer to the same video and link. 276 AMERICAN CIVIL LIBERTIES UNION FOUNDATION Southern California EXECUTIVE DIRECTOR Hector 0. Villagra CHAIR Michele Good win VICE CHAIRS Rob Hennig and Stacy Horth-Neubert CHAIRS EMERITI Marla Stone Shari Leinwand Stephen Rohde Danny Goldberg Allan K. Jonas• Burt Lancaster• Irving Lichten stein, MD* Ja r! Mohn Laurie Ostrow• Stanley K. Sheinbaum• 'deceas ed 1313 WEST EIGHTH STREET SUITE 200 LOS ANGELES, CA 90017 T 213.977.9500 F 213.915.0220 ACLUSOCAL.O RG Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 2 the penal code provides that every person who, without authority or lawful, uh, willfully disturbs or breaks up a meeting may be guilty of a misdemeanor… yelling from the seating gallery, making crude gestures or use of foul language at the podium from the seating area or within the council chambers is considered disturbing the meeting…. If it is determined that your behavior is disruptive to the council conducting the City business, police are prepared to escort you out, and you may be arrested. Your act of disruption [will] be considered, uh, cause for you to be, uh, removed. And should you have cause or want to directly address a councilmember one on one, don’t do it from the podium we’re one council up here, and address the council as a whole. And if you want to do that one on one, please fill out a blue slip and arrange that meeting with that council member… And if you want to use foul language or anything, I’ve got this little red button that’ll mute ya…Disruptive behavior, impeding or delaying our ability to conduct the council’s business will not be tolerated. California Penal Code Section 403 prohibits disrupting this meeting and enforcement action will be taken for violations of this law. As the meeting progressed, Mayor Burns made good on his threat to prevent speakers from addressing councilmembers directly: • At approximately the 38-minute mark of the video, after a speaker had referred to a councilmember by name, claiming that he had misled the public about the City’s library policies, Mayor Burns interrupted her to say “Ma’am, remember, address us as one unit…the Council.” When the speaker went on to mention another councilmember by name, Mayor Burns silenced her microphone, saying “Ma’am, you were warned. You’re done. Next speaker.” • At approximately the 1:11:30 mark on the video, after a speaker referred to a councilmember by his first name to critique his stance on the City’s library policies and on library ballot measures that will soon be voted on by the public, Mayor Burns interrupted her saying “Please don’t address ... Address the whole council, as one unit,” making clear that she was prohibited from referring to a councilmember by name. The speaker then tried referring to that councilmember without using his name, and instead referencing specific actions she accused him of engaging in (yelling at her at 1am in the morning that he was going to put his library ballot measure campaign signs on top of hers, to obscure her signs, and then proceeding to “actually … do that”). When the speaker went on to start to accuse another councilmember of related actions, using his first name, Mayor Burns muted her microphone and interrupted her saying “Now, hold on, take a break.” Mayor Burns then addressed the City Attorney saying “Point of order, can, are we not, is the rule not that they address the complete council?” The City Attorney responded “You should just address the Council, but to the extent they need to mention names, they can.” Mayor Burns appeared to have heard and acknowledged this admonition, saying “Ok.” He then allowed the speaker to continue, though she did not address anyone by name in her continued comments. • Nevertheless, and despite the City Attorney’s affirmation of the public’s right to mention individual councilmembers’ names, Mayor Burns stopped Ms. Rincon from addressing specific councilmembers by name less than an hour later. At approximately the 2:09:25 mark on the video, after Ms. Rincon addressed specific councilmembers’ use of library measure campaign signs, referring to them by name, Mayor Burns interrupted her saying “If you can, Ma’am, please address the council,” advising her to “fill out a blue card,” presumably to request an individual meeting with the councilmembers whose conduct she 277 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 3 wished to critique,” making clear that she would not be permitted to address individual councilmembers during the public comment period. • At approximately 2 hours and 35 minutes into the video, former Huntington Beach City Councilmember sums up Mayor Burns’ conduct during the meeting, stating that “cutting off speakers for naming councilmembers is unconstitutional. The First Amendment protects our right to criticize elected officials by name during public comment. Mayor, censorship doesn’t just happen at our library, it’s happening right here at this microphone.” Brown Act and Constitutional Violations First, Mayor Burns violated the Brown Act by informing the public that “making crude gestures or use of foul language” would be considered disruptive behavior that would place them in jeopardy of ejection or even arrest and prosecution. A core Brown Act requirement is that, during a regular meeting of a legislative body, members of the public “must be allowed to speak … ‘on any item of interest to the public, ... that is within the subject matter of the legislative body.” Gov’t. Code § 54954.3. While the Brown Act does allow for the removal of individuals who are “disrupting” a meeting, as long as the presiding officer follows appropriate procedures, the authority to remove applies only to people who are “engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting.” Gov’t Code § 54957.95. Warning members of the public that they may be removed from a meeting or even arrested and prosecuted for conduct that does not begin to rise to this level impermissibly chills their rights to address their elected officials. Each of the speakers that Mayor Burns silenced or warned were addressing aspects of the City’s library policies when Mayor Burns prevented them from speaking. These are matters that are clearly within the subject matter of the City Council, and there can be no question that they are matters of immense public interest. None of the speakers that Mr. Burns silenced or warned was engaged in disruptive conduct as contemplated by Section 54957.95. The video instead makes clear that they were all calm and measured as they addressed the Council. The Mayor had no legitimate basis for preventing these speakers from providing their public comments, and he certainly had no legitimate basis for indicating that their speech was in any way “disruptive.” The Mayor and Council may not silence speech, or deem it disruptive of a meeting, merely because they believe it is offensive. Acosta v. City of Costa Mesa, 718 F.3d 800, 812–13 (9th Cir. 2013) (holding rule against "personal, impertinent, profane" or "insolent" remarks at city council meeting violated First Amendment); White v. City of Norwalk, 900 F.2d 1421, 1425 (9th Cir. 1990) (“[A] speaker may not be stopped from speaking because the moderator disagrees with the viewpoint he is expressing.”). This is true even if the speaker wishes to use words the Mayor or counsel disapproves of. See Cohen v. California, 403 U.S. 15, 26 (1971) (noting “much linguistic expression serves a dual communicative function: it conveys not only ideas capable of relatively precise, detached explication, but otherwise inexpressible emotions as well” and “words are often chosen as much for their emotive as their cognitive force”). Under the First Amendment, “speech cannot be restricted simply because it is upsetting or arouses contempt,” and “in public debate we must tolerate insulting, and even outrageous, speech in order to provide adequate breathing space to the freedoms protected by the First Amendment.” Snyder v. Phelps, 562 U.S. 443, 458 (2011) (cleaned up); see also, e.g., Dworkin 278 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 4 v. Hustler Magazine, Inc., 867 F.2d 1188, 1199 (9th Cir. 1989) (holding “speech is not actionable simply because it is base and malignant” and “speech may not be suppressed simply because it is offensive”) (cleaned up). As the Supreme Court has recognized, one cannot “forbid particular words without also running a substantial risk of suppressing ideas in the process. Indeed, governments might soon seize upon the censorship of particular words as a convenient guise for banning the expression of unpopular views.” Id. To the extent that Mayor Burns may have been attempting to enforce the City Council’s published “Meeting Decorum” rules, it is important to note that those rules are also unconstitutionally overbroad. The rules state, in relevant part, that “[n]o person in the audience at a City Council meeting shall engage in conduct that disrupts the orderly conduct of any City Council meeting, including, but not limited to, the utterance of loud, threatening or abusive language, whistling, clapping, stomping of feet, repeated waving of arms or other disruptive acts.”2 The Council may enact rules of decorum for its open meetings, but those rules will be facially overbroad in violation of the First Amendment if they allow a presiding officer to “eject an attendee” for anything short of “‘actually disturbing or impeding a meeting.’” Acosta v. City of Costa Mesa, 718 F.3d 800, 811 (9th Cir. 2013) (quoting Norse v. City of Santa Cruz, 629 F.3d 966, 976 (9th Cir. 2010) (en banc). There may be circumstances where some of the behaviors listed in the Council’s decorum rules would “actually” disturb or disrupt a meeting, but the Council may not impose a blanket prohibition on those behaviors or deem them inherently disruptive. “Actual disruption means actual disruption. It does not mean constructive disruption, technical disruption, virtual disruption, nunc pro tunc disruption, or imaginary disruption. The [Council] cannot define disruption so as to include non-disruption.” Norse, 629 F. 3d. at 976. The Council’s decorum rules constitute precisely the sort of re-definition prohibited by Norse. Because “crude gestures” and “foul language” are not inherently disruptive, the Mayor has no legitimate basis for prohibiting them. The First Amendment reflects “a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide- open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.” New York Times Co. v. Sullivan, 376 U.S. 254, 270 (1964). A “core postulate of free speech law” is that the “government may not discriminate against speech based on the ideas or opinions it conveys,” no matter how “offensive to a substantial percentage of the members of any group” the speech might be. Iancu v. Brunetti, 588 U.S. 388, 393 (2019). The First Amendment protects speech that is “deeply offensive to many.” United States v. Eichman, 496 U.S. 310, 318 (1990). Mayor Burns’ explanations of his policies, and the Council’s decorum rules themselves, also violate the First Amendment because they are vague and fail to provide adequate notice of the type of conduct they prohibit.3 “It is a basic principle of due process than an enactment is void for vagueness if its prohibitions are not clearly defined . . . [W]here a vague statute abuts 2 The City Council’s “Meeting Decorum” rules can be found at https://www.huntingtonbeachca.gov/government/city_clerk/meeting_decorum_agenda_comments.php#:~:text=No% 20person%20in%20the%20audience,arms%20or%20other%20disruptive%20acts. 3 Courts are also highly suspicious of attempts to regulate speech under the guise of regulating conduct. See Cohen, supra, 403 U.S., at 18 (reversing criminal conviction for disturbing the peace for wearing jacket that had the words Fuck the Draft on it and stating “[t]he only ‘conduct’ which the State sought to punish is the fact of communication.”) 279 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 5 upon sensitive areas of basic First Amendment freedoms, it operates to inhibit the exercise of those freedoms.” Grayned v. City of Rockford, 408 U.S. 104, 108–109 (1972) (cleaned up). Vague restrictions on speech are inherently likely to discourage people from exercising their First Amendment rights. “In the vagueness inquiry, like in the context of overbreadth, the requirement that laws be precise is aimed at preventing ‘chill’: rather than risk sanctions, citizens will steer far wider than necessary to avoid engaging in prohibited speech; the First Amendment, however, needs breathing space to survive. Accordingly, standards of permissible statutory vagueness are strict in the area of free expression.” Hunt v. City of Los Angeles, 601 F. Supp. 2d 1158, 1170 (C.D. Cal. 2009), aff'd in part, remanded in part on other grounds, 638 F.3d 703 (9th Cir. 2011) (citations and quotation marks omitted). “[W]here First Amendment freedoms are at stake, an even greater degree of specificity and clarity of laws is required, and courts ask whether language is sufficiently murky that speakers will be compelled to steer too far clear of any forbidden areas.” Edge v. City of Everett, 929 F.3d 657, 664 (9th Cir. 2019) (cleaned up). While prohibitions against “making crude gestures or use of foul language” and against the use of “loud” or “abusive language” are impermissible because they allow for expulsions for conduct that is not “actually” disruptive, Norse, 629 F.3d at 976, they are also unconstitutionally vague because it is impossible for a member of the public to decipher and determine what types of conduct the Council or Mayor Burns might decide fit into these categories. It is not clear what kinds of gestures they might deem “crude” or what type of language they might decide is “foul” or “abusive.” After all, “one man's vulgarity is another's lyric.” Cohen, 403 U.S. at 25. See, e.g., id. at 26 (“we cannot indulge the facile assumption that one can forbid particular words without also running a substantial risk of suppressing ideas in the process”) (reversing conviction of individual charged with disturbing the peace by wearing a jacket with the words “Fuck the Draft” in a corridor of the Los Angeles Courthouse); Duran v. Arizona, 904 F.3d 1372, 1378 (9th Cir. 1990) (First Amendment protects person making obscene gesture towards, and directing obscenities at, police officer). Finally, The Mayor’s prohibition against naming individual councilmembers, and his requirement that all comments be directed to the Council as a whole violates the First Amendment and the Brown Act. Meetings of the City Council constitute limited public forums. See White v. City of Norwalk, 900 F.2d 1421, 1425 (1990). In a limited public forum, the government may enact reasonable restrictions to preserve the space for its intended purpose. Good News Club v. Milford Cent. Sch., 533 U.S. 98, 131 (2001). The Mayor’s prohibition, however, is plainly unreasonable. Preventing the public from addressing an individual councilmember directly leads to absurd results. For example, it would prevent a person from directly responding to a remark made by a particular councilmember except through a needlessly complicated contrivance. It also ignores the fact that the Council does not always act as a cohesive body. In the case of a split vote, it makes no sense for a member of the public to castigate councilmembers who voted in the way the constituent preferred rather than directly addressing the members of the council who voted the other way. “Debate over public issues, including the qualifications and performance of public officials [], lies at the heart of the First Amendment. Central to these principles is the ability to question and challenge the fitness of the administrative leader of a [government body], especially in a forum created specifically to foster discussion about [issues within the body’s purview].” Leventhal v. Vista Unified Sch. Dist., 973 F. Supp. 951, 958 (S.D. Cal. 1997) (citing Schenck v. 280 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 6 Pro–Choice Network, 117 S.Ct. 855, 858 (1997); McIntyre v. Ohio Elections Comm'n, 514 U.S. 334, 344–45 (1995); First Nat'l Bank of Boston v. Bellotti, 435 U.S. 765, 776–77 (1987); Buckley v. Valeo, 424 U.S. 1, 14 (1976); New York Times v. Sullivan, 376 U.S. 254 (1974). The Mayor may not impose a prohibition preventing members of the public from engaging in this type of questioning and challenging of individual councilmembers. Moreover, the Brown Act itself indicates that the public shall have the right to speak on “any item of interest…within the subject matter jurisdiction of the legislative body.” Government Code Section 54954.3(a). Critiques of the actions or inactions of individual councilmembers on issues within the Council’s jurisdiction constitute items of interest. Conclusion and Cease and Desist Demand The Mayor’s threats to remove members of the public who make “crude gestures or use of foul language,” or to have them arrested or prosecuted violated the Brown Act, as did his decision to silence speakers who addressed individual councilmembers by name, including Ms. Rincon. Additionally any attempt to enforce the Council’s published “Meeting Decorum” rules would violate the Brown Act, the First Amendment to the United States Constitution, and the Liberty of Speech Clause of the California Constitution. Accordingly, pursuant to Government Code section 54960.2(a), I hereby notify Mayor Burns and the City Council that the Mayor and the Council must immediately cease and desist from: 1) warning members of the public that they may not “make crude gestures” or use “foul language” when they provide public comment; 2) warning members of the public that they may not address individual councilmembers by name when they provide public comment; 3) silencing, muting, or ordering the removal of members of the public who “make crude gestures,” use “foul language,” or refer to individual councilmembers by name when they provide public comment; or 4) enforcing the portion of the Council’s “Meeting Decorum” rules that prohibits purportedly “abusive” language, “whistling, clapping, stomping of feet, repeated waving of arms” as inherently and automatically “disruptive.” Pursuant to Government Code section 54960.2(b), Ms. Rincon may take legal action if the City does not respond to this letter within 30 days, providing its unconditional commitment to cease, desist from, and not repeat the violations described here. In that eventuality, Ms. Rincon would be entitled to court costs and attorney fees. Id. Please let me know if you have any questions or would like any additional information. I look forward to your response. I can be reached via email at jmarkovitz@aclusocal.org. Sincerely, Jonathan Markovitz Free Expression and Access to Government Staff Attorney Cc: 281 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA Huntington Beach Brown Act Cease and Desist Letter May 22, 2025 Page 7 City Attorney Michael Vigliotta MVigliotta@surfcity-hb.org 282 AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF SOUTHERN CALIFORNIA