HomeMy WebLinkAbout2025-10-21 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in
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Members of the audience and speakers shall not wear or display signs that obstruct the view of other audience
members. Signs shall remain with the holder and shall not be placed in adjacent seats or in common areas.
PUBLIC COMMENTS: Individuals wishing to provide a comment on agendized or non-agendized items including
Study Session, Closed Session, and Public Hearing, may do so in person in the City Council Chambers by
completing a Request to Speak form delivered to the City Clerk. Sign-ups to Request to Speak will begin in person
30 minutes prior to the start of Study Session, Closed Session, or Regular City Council Meeting, whichever comes
first. Sign-ups will be accepted until the commencement of the public comment period.
SUPPLEMENTAL COMMUNICATION: Members of the public 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
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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
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large print agendas. Please contact the City Clerk's Office at (714) 536-5227 or (714) 374-5390 for more information.
AGENDA
City Council/Public Financing Authority
Tuesday, October 21, 2025
4:30 PM - Closed Session
6:00 PM - Regular Meeting
Special Meeting of the Housing Authority
Council Chambers
2000 Main Street
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
JASON SCHMITT, City Treasurer
1
AGENDA October 21, 2025City Council/Public Financing
Authority
4:30 PM - COUNCIL CHAMBERS
CALL TO ORDER
ROLL CALL
Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda
Distribution)
PUBLIC COMMENTS (3-Minute Time Limit)
At this time, the City Council will receive comments from members of the public regarding any
topic, including items on the Study Session and/or Closed Session agendas. Individuals wishing
to provide a comment on item(s) may do so in person by filling out a Request to Speak form
delivered to the City Clerk. All speakers are encouraged, but not required to identify themselves
by name. Each speaker may have up to 3 minutes unless the volume of speakers warrants
reducing the time allowance.
Please note that the Brown Act does not allow discussion or action on topics that are not on the
agenda. Members of the public who would like to speak directly with a Councilmember on an
item not on the agenda may consider scheduling an appointment by contacting the City Council's
Administrative Assistant at (714) 536-5553 or emailing the entire City Council at
city.council@surfcity-hb.org.
RECESS TO CLOSED SESSION
CLOSED SESSION
25-8231.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). People of the
State of California/Bonta v. City of Huntington Beach, et al.; Case No.
30-2023-01312235-CU-WM-CJC.
25-8242.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION.
(Paragraph (1) of subdivision (d) of Section 54956.9). Alianza
Translatinx, et al. v. City of Huntington Beach, et al.; OCSC Case No.
30-2025-01462835.
25-8253.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code
section 54956.9(d)(4).): Two (2).
6:00 PM – COUNCIL CHAMBERS
RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALL TO
ORDER SPECIAL MEETING OF THE HOUSING AUTHORITY
Page 1 of 5 2
AGENDA October 21, 2025City Council/Public Financing
Authority
ROLL CALL
Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, Williams
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.
25-6954.Huntington Beach Fire and Police Chaplain Roger Wing
PLEDGE OF ALLEGIANCE
CLOSED SESSION REPORT BY CITY ATTORNEY
CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit)
The Mayor will facilitate a voluntary opportunity for members of the Huntington Beach City Council
to individually make brief comments to the public. Please note that the Brown Act does not allow
for lengthy comments, discussion, or action on topics that are not on the agenda.
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,
Page 2 of 5 3
AGENDA October 21, 2025City Council/Public Financing
Authority
committee, or commission. Councilmembers may not discuss or take any action on these
announcements. Announcements are limited to 1 minute.
AB 1234 REPORTING
Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting,
conference, or similar event at the expense of the City must provide a brief report of the meeting,
conference, or similar event during the next regular City Council meeting. Reports are limited to 1
minute.
OPENNESS IN NEGOTIATION DISCLOSURES
Councilmembers must publicly disclose any meetings or communications with City employee
associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute
and must be made by the next regular City Council Meeting.
CITY MANAGER'S REPORT
25-8355.Free Citizen’s Financial Literacy Classes
25-8276.Public Works Projects Update
25-8137.250th Birthday of the U.S. Navy Presentation
CONSENT CALENDAR (Items 8 - 9)
City Clerk
25-8168.Approve and Adopt Minutes
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of
October 7, 2025.
Recommended Action:
Public Works
25-8039.Accept the lowest responsive and responsible bid and authorize
execution of a construction contract with KASA Construction, Inc. in
the amount of $453,066.00 for the Schroeder Park Improvements,
CC-1656, and authorize a 15% contingency
A) Accept the lowest responsive and responsible bid submitted by KASA Construction,
Inc. in the amount of $393,970 .00; and,
B) Reject bids 1 - 8 and 11 - 13, which were either withdrawn or deemed non-responsive;
Recommended Action:
Page 3 of 5 4
AGENDA October 21, 2025City Council/Public Financing
Authority
and,
C) Authorize the Director of Public Works to approve change orders up to a 15%
contingency; and
D) Authorize the Mayor and City Clerk to execute a construction contract with KASA
Construction, Inc. in a form approved by the City Attorney.
PUBLIC HEARING
For the benefit of the public, prior to a public hearing item, each member of the City Council will
disclose any ex parte communications they may have had pertaining to the item. In simple terms,
public hearings are quasi-judicial proceedings and the information used by the City Council to
make its decisions should be limited to that which is obtained during the public hearing. Ex parte
communications, then, means any information obtained outside of a public hearing. In such public
hearing proceedings, the City Council must uphold constitutional and statutory due process rights
of present and non-present parties by disclosing ex parte communications. Ex parte
communications include oral and written information, as well as visual or auditory information
obtained during a site visit.
Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so in
person by filling out a Request to Speak form delivered to the City Clerk. All speakers are
encouraged, but not required to identify themselves by name. Each speaker may have up to 3
minutes unless the volume of speakers warrants reducing the time allowance.
25-80110.Conduct a Tax and Equity Fiscal Responsibility Act (TEFRA) Public
Hearing for the Pelican Harbor Apartments; Adopt Resolution No.
2025-65 Approving the Issuance of the California Municipal Finance
Authority’s (CMFA) Continued Issuance of Tax-exempt Bonds in an
amount not to exceed $20,000,000 for the Pelican Harbor
Apartments; and Approve Amendments to Affordable Housing
Agreements
A) Conduct the TEFRA public hearing pursuant to federal law.
B) Adopt Resolution No. 2025-65, “A Resolution of the City Council of the City of
Huntington Beach Approving the Issuance of the California Municipal Finance Authority
Exempt Facility Bonds in an Aggregate Principal Amount Not to Exceed $20,000,000 for
the Purpose of Refinancing the Acquisition, Construction, Improvement and Equipping of
Pelican Harbor (Formerly Referred to as Huntington Beach Senior Housing) and Certain
Other Matters Relating Thereto” (Attachment 1).
C) Adopt First Amendment to Affordable Housing Agreement (Attachment 2).
D) Adopt First Amendment to Amended and Restated Agreement Containing Covenants
(Attachment 3).
Recommended Action:
Page 4 of 5 5
AGENDA October 21, 2025City Council/Public Financing
Authority
E) Adopt First Amendment to City HOME Promissory Note (Attachment 4).
F) Adopt First Amendment to City Inclusionary Housing Promissory Note (Attachment 5).
G) Authorize the City Manager and Housing Authority Executive Director, or their
designees, to execute the above documents.
ORDINANCES FOR INTRODUCTION
25-83311.Approve for Introduction Ordinance No. 4342 Prohibiting the Sale
and Distribution of Nitrous Oxide
Approve for introduction Ordinance No. 4342, “An Ordinance of the City Council of the City
of Huntington Beach, adding a New Chapter 9.94 Entitled “Prohibition on Sale or
Distribution of Nitrous Oxide” to Title 9 of the the Huntington Beach Municipal Code to
Establish Regulations Prohibiting the Unlawful Sale or Distribution of Nitrous Oxide in the
City.”
Recommended Action:
COUNCIL MEMBER ITEMS
25-83012.Councilmember Item Submitted by Councilman Butch Twining and
Mayor Pat Burns - Invitation to Orange County Registrar of Voters to
Present at a Huntington Beach City Council Meeting
Invite the Orange County Registrar of Voters to present at a City Council meeting.
Recommended Action:
CITY COUNCIL MEMBER REQUESTS
ADJOURNMENT
The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing
Authority is Tuesday, November 4, 2025, in the Civic Center Council Chambers, 2000 Main Street,
Huntington Beach, California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
Page 5 of 5 6
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-823 MEETING DATE:10/21/2025
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). People of the State of California/Bonta v. City of Huntington Beach, et
al.; Case No. 30-2023-01312235-CU-WM-CJC.
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
7
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-824 MEETING DATE:10/21/2025
CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision
(d) of Section 54956.9). Alianza Translatinx, et al. v. City of Huntington Beach, et al.; OCSC
Case No. 30-2025-01462835.
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
8
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-825 MEETING DATE:10/21/2025
CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Two
(2).
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
9
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-695 MEETING DATE:10/21/2025
Huntington Beach Fire and Police Chaplain Roger Wing
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
10
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-835 MEETING DATE:10/21/2025
Subject:
Free Citizen’s Financial Literacy Classes
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
11
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-827 MEETING DATE:10/21/2025
Subject:
Public Works Projects Update
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
12
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-813 MEETING DATE:10/21/2025
Subject:
250th Birthday of the U.S. Navy Presentation
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
13
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-816 MEETING DATE:10/21/2025
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 October 7 , 2025, require
review and approval.
Financial Impact: None.
Recommended Action:
Approve and adopt the City Council/Public Financing Authority regular meeting minutes of October
7, 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. October 7, 2025, CC/PFA regular meeting minutes
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
14
Minutes
City Council/Public Financing Authority
City of Huntington Beach
Tuesday, October 7, 2025
4:30 PM - Council Chambers
6:00 PM - Council Chambers
Civic Center, 2000 Main Street
Huntington Beach, California 92648
A video recording of the 4:00 PM and 6:00 PM portions of this meeting
is on file in the Office of the City Clerk, and archived at
https://huntingtonbeach.legistar.com/Calendar.aspx
4:30 PM — COUNCIL CHAMBERS
CALL TO ORDER — 4:30 PM
ROLL CALL
Present: Twining, McKeon, Burns, Van Der Mark, and Gruel
Absent: Kennedy, and Williams
Pursuant to Resolution No. 2001-54, Councilmembers Kennedy and Williams requested, and with no
objections were granted, permission to be absent from this meeting.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION
(Received After Agenda Distribution) — None
PUBLIC COMMENTS PERTAINING TO CLOSED SESSION (3-Minute Time Limit) — None
City Attorney Mike Vigliotta announced that Closed Session Item #3 (25-799) Conference with
Real Property Negotiators for 21091 Pacific Coast Highway, would not be discussed during
Closed Session.
A motion was made by McKeon, with a second by Van Der Mark, to recess to Closed Session.
RECESSED TO CLOSED SESSION — 4:32 PM
CLOSED SESSION
1. 25-791 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). Alianza Translatinx, et al. v. City of Huntington
Beach, et al.; OCSC Case No. 30-2025-01462835.
2. 25-792 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of
subdivision (d) of Section 54956.9). People of the State of California/Bonta v. City
of Huntington Beach, et al.; Case No. 30-2023-01312235-CU-WM-CJC.
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 2 of 10
3. 25-799 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.)
Property: 21091 Pacific Coast Highway, Huntington Beach, CA 92648 (APN 024-281-
16). Agency negotiator: Travis Hopkins, City Manager; Ashley Wysocki, Director of
Community and Library Services; Chris Cole, Community and Library Services
Manager; William Krill, Real Estate Project Manager.
Negotiating parties: Paul Maddison - Pacific City Hotel, LLC dba Pasea Hotel and
Spa (Not Present). Under negotiation: Price and terms of payment.
6:00 PM — COUNCIL CHAMBERS
RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM
ROLL CALL
Present: Twining, McKeon, Burns, Van Der Mark, and Gruel
Absent: Kennedy, and Williams
Pursuant to Resolution No. 2001-54, Councilmembers Kennedy and Williams requested, and with no
objections were granted, 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.
4. 25-784 Huntington Beach Police Chaplain Bob Ewing
PLEDGE OF ALLEGIANCE — Led by Mayor Burns
CLOSED SESSION REPORT BY CITY ATTORNEY — None
CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit)
Mayor Burns acknowledged October 13, 2025, as the 250th birthday of the U. S. Navy and announced
there will be recognition of this event at the Tuesday, October 21, 2025, City Council meeting.
Mayor Burns, Mayor Pro Tem McKeon, Councilmembers Twining, Gruel and Council Woman Van Der
Mark expressed their gratitude to Code Four, all participants, attendees, Police, Fire, Marine as well as
the Public Works staff for a successful event with no major issues in spite of the last-minute challenge of
learning that military planes would not be available to participate. The Councilmembers acknowledged
the sense of patriotism at this family-friendly event, which attracted people from well outside the
Huntington Beach area. It was also noted Huntington Beach restaurants and stores were full on a Fall
weekend that otherwise would have seen much less business.
NOTE: These Minutes reflect the original agendized order rather than actual order items were
addressed during the meeting.
AWARDS AND PRESENTATIONS
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 3 of 10
5. 25-790 2025 Mosquito Awareness Campaign Award presented by Orange County Mosquito
and Vector Control District to the City of Huntington Beach
A representative of the Orange County Mosquito and Vector Control District presented a plaque to
recognize the success of the 2025 Mosquito Awareness Campaign in Huntington Beach. He noted that
last year Vector Control treated over 3,000 homes in Huntington Beach. So far this year no treatments
have been needed due to Awareness Campaign efforts of Public Information Officers Julie Toledo and
Jessica Cuchilla as well as the support of Council Woman Van Der Mark who is also a Vector Control
Board of Trustee member.
6. 25-762 Received Legislative Update from Board of Supervisor First District, Janet Nguyen
Orange County Supervisor Nguyen provided an overview of Supervisor responsibilities and described
some of the issues addressed by the Orange County Board of Supervisors to restore integrity and
transparency while governing Orange County and its unincorporated areas. She expressed gratitude for
the pro-active stance Huntington Beach has and is taking on issues such as the sale and distribution of
kratom and nitrous oxide and consideration of a community garden. As a resident of Huntington Beach,
she commended the City for offering eBike safety training. In addition, she briefly reviewed proper voting
protocols and explained how the County Registrar of Voters was able to stop the vote of a "registered"
dog. She also noted that the Supervisors are working to put policies and procedures in place to help
prevent a Supervisor or County employee from committing bribery or fraud with County funds.
Supervisor Nguyen also shared ways in which OC Supervisors are addressing animal welfare and closed
her remarks with announcement of upcoming events sponsored by OC Supervisors.
Supervisor Nguyen's presentation was followed by Councilmember questions regarding ways Huntington
Beach can address some of the concerns and issues being addressed at the County level.
7. 25-798 Observed presentation by Unite 4 Freedom Regarding a Legally Valid 2026 Election
A presentation was made by a Unite 4 Freedom representative with slides titled: Unite 4 Freedom; Our
Work so far: Active States; Who Is Unite4Freedom; Data Systems Forensic Analysis; Election Reports;
Phantom Voters - Orange County November Report 2024; Vote Tampering - California; California
Redistricting Election; Unite4Freedom - Actions, and The Cost of Silence Is Our Freedom.
ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution)
Pursuant to the Brown "Open Meetings" Act, City Clerk Lisa Lane Barnes announced supplemental
communications received by her office following distribution of the Council Agenda packet which were all
uploaded to the City's website and Councilmember iPads: Awards and Presentations #7 (3 email
communications); Council Member Items #17 (1 email communication); and #18 (17 email
communications).
PUBLIC COMMENTS (1:15-Minute Time Limit due to the number of speakers) — 19 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.
Unnamed Speaker commented on various Councilmember actions to document ways that taxpayer
dollars are being spent. (00:52:17)
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 4 of 10
Rebecca Grudt announced the Walk to End Alzheimer's Disease to be held on November 8, 2025, in
Huntington Beach, and encouraged everyone to participate. She asked the City to consider waiving the
fee to place a banner across Lake Street for this event. (00:53:30)
Unnamed Speaker commented on national and world situations. (00:54:53)
Rick Taketomo commented on the good working relationship with staff over the last couple of years
regarding a privacy screen for the sewer up-lift station near his new neighborhood. He asked that City
Council work with Shea Homes, the developer, to remedy the existing slope hazard and avoid liability
concerns before the homeowner association accepts maintenance responsibility. (00:56:09)
Rosalind Price commented on a job well done by the Huntington Beach Fire and Police Departments,
appreciation for the City establishing the Navigation Center, and Council Member Items #17 (25-789)
regarding prohibition on sale and distribution of nitrous oxide in Huntington Beach. (00:57:40)
Tim Geddes commented on Awards and Presentations Item #7 (25-798) presentation by Unite 4
Freedom regarding a legally valid 2026 election. (00:59:05)
Chris Kluwe commented on Awards and Presentations Item #7 (25-798) presentation by Unite 4
Freedom regarding a legally valid 2026 election. (01:00:25)
Amory Hanson commented on Council Member Items #18 (25-795) in support of immediate action to
ensure a legally valid and transparent 2026 General Election. (01:01:37)
Russ Neal commented on Council Member Items #18 (25-795) in support of immediate action to ensure
a legally valid and transparent 2026 General Election. (01:02:18)
Unnamed Speaker commented on a Councilmember actions related to the Airshow. (01:03:25)
Ellen Rilley commented on concerns related to the City's budget and spending decisions. (01:04:54)
Pat Keegan commented on the pollution of artificial dyes and high fructose corn syrup in food and drinks
and suggested that Huntington Beach be the first city in the U. S. to ban these artificial ingredients.
(01:06:26)
Unnamed Guest commented on efforts spearheaded by local Huntington Beach 11-time surfing champ
and clean–living advocate Kelly Slater for removing artificial ingredients in food and drinks. (01:07:48)
Chris Rini commented on Council Member Items #18 (25-795) regarding immediate action to ensure a
legally valid and transparent 2026 General Election. (01:08:37)
Unnamed Speaker commented on Council Member Items #18 (25-795) regarding immediate action to
ensure a legally valid and transparent 2026 General Election. (01:09:59)
Unnamed Speaker commented on Council Member Items #18 (25-795) regarding immediate action to
ensure a legally valid and transparent 2026 General Election. (01:11:18)
Unnamed Speaker commented on Council Member Items #18 (25-795) regarding immediate action to
ensure a legally valid and transparent 2026 General Election. (01:12:31)
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 5 of 10
Unnamed Speaker commented on the spectacular Airshow this past weekend presented by Code Four
and Kevin Elliott despite last-minute challenges presented by the government shutdown. (01:13:54)
Unnamed Speaker commented on procedures used by police departments to procure military equipment.
(01:15:11)
COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None
AB 1234 REPORTING
Councilman Twining reported attending a meeting of the Orange County Council of Governments
(OCCOG) in September.
OPENNESS IN NEGOTIATION DISCLOSURES — None
CITY MANAGER’S REPORT
8. 25-802 Community Outreach and Engagement
City Manager Travis Hopkins introduced City Treasurer Jason Schmitt and City Attorney Mike Vigliotta
who described upcoming Brewing Connections meetings for the purpose of meaningful engagements to
help residents understand the functions of their positions while soliciting community feedback on ways to
better serve the community. They thanked the City's Public Affairs team and local business owners for
arranging these events.
CONSENT CALENDAR (Items 9-15)
City Clerk
9. 25-730 Approved and Adopted Minutes
A motion was made by Burns, second McKeon to approve and adopt the City Council/Public Financing
Authority regular meeting and the Housing Authority, Parking Authority and Successor Agency special
meeting minutes of September 2, 2025, the City Council/Public Financing Authority regular meeting
minutes of September 16, 2025, and the City Council/Public Financing Authority special meeting minutes
of September 23, 2025.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
Community and Library Services
10. 25-788 Authorized the appropriation of $98,000 from the Huntington Central Park Sports
Complex (HCPSC) Capital Improvement Fund 325 to replace the failed irrigation
booster pump at the Huntington Beach Sports Complex
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 6 of 10
A motion was made by Burns, second McKeon, to authorize the appropriation of $98,000 from the
Huntington Central Park Sports Complex (HCPSC) Capital Improvement Fund Account 32545001.83700
to replace the irrigation booster pump at the Huntington Beach Sports Complex.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
11. 25-782 Adopted Ordinance No. 4335 of the City of Huntington Beach Deleting Chapter
2.106 of the Huntington Beach Municipal Code and Dissolving the Huntington
Beach Independence Day Board
Approved for Introduction September 16, 2025, by a vote of 7-0
A motion was made by Burns, second McKeon to adopt Ordinance No. 4335, "An Ordinance of the City
of Huntington Beach deleting Chapter 2.106 of the Huntington Beach Municipal Code and Dissolving the
Huntington Beach Independence Day Board."
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
Community Development
12. 25-783 Approved Zoning Text Amendment No. 25-003 (Reapplication Process for Group
Homes) by adopting Ordinance Nos. 4340 and 4341
Approved for Introduction September 16, 2025, by a vote of 7-0
A motion was made by Burns, second McKeon to find Zoning Text Amendment No. 25-003 and
amendment to Municipal Code Chapter 5.110 exempt from the California Environmental Quality Act
(CEQA) pursuant to City Council Resolution No. 4501, Class 20, which supplements the California
Environmental Quality Act because the request is a minor amendment to the municipal code and zoning
ordinance that does not change the development standards intensity or density; and, approve Zoning
Text Amendment No. 25-003 with findings (Attachment No. 1) and adopt Ordinance No. 4341, "An
Ordinance of the City Council of the City of Huntington Beach Amending Chapter 230.28 Group Homes
of the Huntington Beach Zoning and Subdivision Ordinance (Zoning Text Amendment No. 25-003)";
(Attachment No. 2); and, approve amendment to Municipal Code Chapter 5.110 and adopt Ordinance
No. 4340, "An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 5.110
Group Homes of the Huntington Beach Municipal Code Titled Group Homes" (Attachment No. 3).
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
Human Resources
20
City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 7 of 10
13. 25-770 Adopted Resolution No. 2025-62 Approving and Implementing the Memorandum of
Understanding with Marine Safety Management Association
A motion was made by Burns, second McKeon to adopt Resolution No. 2025-62, "Resolution of the City
Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding
Between the Marine Safety Management Association (MSMA) 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. 2025-62.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
14. 25-771 Adopted Resolution No. 2025-63 Approving and Implementing the Memorandum of
Understanding with Surf City Lifeguards Employees’ Association
A motion was made by Burns, second McKeon to adopt Resolution No. 2025-63, "A Resolution of the
City Council of the City of Huntington Beach Approving and Implementing the Memorandum of
Understanding between the Surf City Lifeguard Employees' Association (SCLEA) and the City for July 1,
2025, to June 30, 2028;" and authorize the City Manager or designee to take all administrative and
budgetary actions necessary for implementation of Resolution No. 2025-63.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
Public Works
15. 25-763 Amended the Measure M 7–year Capital Improvement Program for Fiscal Years
2025/2026 through 2031/2032 to add the Trash Provision Compliance FCS
Installation project
A motion was made by Burns, second McKeon to amend the Measure M 7-year Capital Improvement
Program for Fiscal Years 2025/2026 through 2031/2032 to add the Trash Provision Compliance FCS
Installation project.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
PUBLIC HEARING
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 8 of 10
16. 25-724 Held Public Hearing and Adopted Resolution No. 2025-52 for Annual Assessment
Approval in the Huntington Beach Downtown Business Improvement District for
Fiscal Year (FY) 2025-2026
Mayor Burns called on City Clerk Lisa Lane Barnes to notice this Public Hearing. She confirmed that the
notice was completed in the manner and form as required by the Parking and Business Improvement
Area law of 1989, codified at Street and Highways Code 36500.
SUPPLEMENTAL COMMUNICATION PERTAINING TO THIS PUBLIC HEARING — None
City Manager Travis Hopkins introduced Chris Kennedy, Economic Development Project Manager who
presented a PowerPoint communication titled Public Hearing to consider adoption of Resolution No.
2025-52 approving an Annual Assessment within the Huntington Beach Downtown Business
Improvement District for Fiscal Year 2025-26 with slides entitled: Background; The District; Downtown
HB; FY 2024-25 Highlights; FY 2025–26 Proposed Budget; Assessment Breakdown; How Assessment
Funds Will Be Used; Annual Assessment Protest Hearing; Recommendation; and Questions?
Mayor Burns opened the Public Hearing.
Public Hearing Speakers (3-minute time limit) — None
Mayor Burns closed the Public Hearing. (01:40:42)
Councilman Gruel confirmed with Manager Kennedy that currently eight or nine business locations are
vacant which is a very low rate.
Mayor Burns confirmed with City Clerk Lisa Lane Barnes that no protests were received.
Mayor Pro Tem McKeon and Economic Development Project Manager Kennedy discussed operation of
Surf City Nights which is managed by the Downtown Business Improvement District (DBID) and is
expected to generate approximately $300,000 in the coming year. The DBID has full discretion for use of
those funds. The City has discretion over how the $115,000 assessment funds are utilized.
Mayor Pro Tem McKeon stated he will support this item at this time but feels the process should be
evaluated over the coming year. He wants clarity on why it is called a "Business Improvement District"
rather than a "Property-Owner Improvement District." He noted he has recently heard from business
owners as well as property owners on this issue.
A motion was made by Burns, second Van Der Mark to conduct the Public Hearing; and, if written
protests from businesses representing 50% or more of the total assessment are not received, adopt
Resolution No. 2025-52, "A Resolution of the City Council of the City of Huntington Beach Approving an
Annual Assessment within the Huntington Beach Downtown Business Improvement District for Fiscal
Year 2025-26."
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
22
City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 9 of 10
COUNCIL MEMBER ITEMS
17. 25-789 Approved Item Submitted by Council Woman Van Der Mark and Councilmen
Twining and Kennedy — Prohibition on Sale and Distribution of Nitrous Oxide in
Huntington Beach
Council Woman Van Der Mark introduced this item as an effort to protect children from the growing threat
of using nitrous oxide as a recreational inhalant. She described some of the short-term and long-term
effects of use, including death, and noted the Huntington Beach Police Department has reported a sharp
increase in nitrous oxide-related arrests, rising from 28 in 2023 to 89 in 2024, with 113 arrests already
recorded in 2025. This represents more than a 400% increase since 2023.
She noted that California Penal Code § 381(b) prohibits possession or use of nitrous oxide for
intoxication, but it does not effectively address sales through the “culinary use” loophole. A municipal
ban on the sale, distribution, and recreational use of nitrous oxide will close existing regulatory gaps, limit
youth access, reduce public nuisances, and affirm the City’s commitment to proactive public safety.
Councilman Twining noted the increased use of nitrous oxide in Huntington Beach adding that many
users are in their cars and described the immediate effects of use such as oxygen deprivation, dizziness,
disorientation, and loss of coordination. In addition, because nitrous oxide is pressurized, it is extremely
cold and can freeze a user's mouth, lips or lungs and can cause fainting or cardiac arrest as well as
psychological dependence. He stated his full support for banning recreational use of nitrous oxide.
Councilman Gruel explained the only reason to sell nitrous oxide for retail purposes is to make fresh
whipped cream, and when you see it for sale at locations unrelated to other culinary products, it is strictly
to get the kids hooked on it as a recreational drug. He clarified that restaurants and food service
operators get this product from their distributors, so this ban will not affect the restaurant and food
service industries.
Mayor Burns noted that personal abuse of nitrous oxide is not a new problem, but use is increasing. He
stated he fully supports banning the sale and distribution in Huntington Beach.
A motion was made by Van Der Mark, second Twining, to direct the City Manager and City Attorney to
prepare an ordinance for the prohibition of sale and distribution of nitrous oxide in Huntington Beach.
The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
18. 25-795 Approved Item Submitted by Mayor Burns — Adopt Resolution No. 2025-64 in
Support of Immediate Action to Ensure a Legally Valid and Transparent 2026
General Election
Mayor Burns introduced this item by stating that free and fair elections are the cornerstone of
representative democracy, ensuring that government remains accountable to the people it serves. He
added that any perception of unfairness or lack of confidence in the system generally impedes voter
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City Council/PFA Regular Meeting Minutes
October 7, 2025
Page 10 of 10
participation. He provided examples of invalid ballots he has personally seen, which were not flagged,
going through the current system, and proceeded to read his Issue Statement.
Council Woman Van Der Mark stated a dog and people who are not citizens have voted, and it is not
right to just say that elections are not corrupt enough to take any actions. She does not understand why
anyone would oppose taking any action to validate the integrity of the voting system. She thanked the
Unite 4 Freedom representatives for their presentation earlier in this meeting.
Councilman Gruel shared he believes the more safeguards the better, so he supports this item.
Mayor Pro Tem McKeon noted the proposed resolution is asking for infrastructure compliance, voter
verification, ballot security, accurate counts, and proven outcomes, all of which sound reasonable and
seem like common sense to him.
Councilman Twining stated this is not a political issue and he believes no one is interested in having their
vote cancelled out by any illegal ballot.
A motion was made by Burns, second Van Der Mark to adopt Resolution No. 2025-64, "A Resolution of
the City Council of the City of Huntington Beach in Support of Immediate Action to Ensure a Legally Valid
and Transparent 2026 General Election." The motion carried by the following roll call vote:
AYES: Twining, McKeon, Burns, Van Der Mark, and Gruel
NOES: None
ABSENT: Kennedy, and Williams
CITY COUNCIL MEMBER REQUESTS — Mayor Burns noted that the U. S. Navy is invited to share a
report of their 250th Birthday at the next City Council meeting.
ADJOURNMENT — At 7:57 PM Mayor Burns made a motion, with a second by McKeon, to adjourn to
the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on
Tuesday, October 21, 2025, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach,
California.
INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND
STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT
http://www.huntingtonbeachca.gov
_______________________________________
City Clerk and ex-officio Clerk of the City Council
of the City of Huntington Beach and Secretary of
the Public Financing Authority of the City of
Huntington Beach, California
ATTEST:
______________________________________
City Clerk-Secretary
______________________________________
Mayor-Chair
24
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-803 MEETING DATE:10/21/2025
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:Frank Drevdahl, Capital Projects Administrator
Subject:
Accept the lowest responsive and responsible bid and authorize execution of a construction
contract with KASA Construction, Inc. in the amount of $453,0 66.00 for the Schroeder Park
Improvements, CC-1656, and authorize a 15% contingency
Statement of Issue:
On July 14, 2025, bids were publicly opened for the Schroeder Park Improvements Project. City
Council action is requested to award the construction contract to KASA Construction, Inc., the lowest
responsive and responsible bidder.
Financial Impact:
The estimated project cost is $453,066.00 which includes the construction contract with KASA
Construction, Inc., and a 15% contingency. The project will be funded through the Schroeder Park
Phase II Infrastructure Fund Account 31440046.82800.
Recommended Action:
A) Accept the lowest responsive and responsible bid submitted by KASA Construction, Inc.in the
amount of $393,970.00; and,
B) Reject bids 1 - 8 and 11 - 13, which were either withdrawn or deemed non-responsive; and,
C) Authorize the Director of Public Works to approve change orders up to a 15% contingency; and
D) Authorize the Mayor and City Clerk to execute a construction contract with KASA Construction, Inc.
in a form approved by the City Attorney.
Alternative Action(s):
Reject all bids and provide staff with direction.
Analysis:
Schroeder Park (the “Park”) is located at 6231 Cornell Dr. in the northwest area of the City of
City of Huntington Beach Printed on 10/15/2025Page 1 of 3
25
File #:25-803 MEETING DATE:10/21/2025
Bidder’s Name Submitted and Verified Bid
KASA Construction, Inc.$393,970.00
.
Based on this evaluation, KASA Construction, Inc. was determined to be the lowest responsive and
responsible bidder. The total estimated construction cost is $393,970.00 with a 15% contingency for
a total project cost of $453,066.00, as itemized below:
Item Amount
.
.00
TOTAL CONSTRUCTION COST $453,066.00
0.00
TOTAL PROJECT COST $453,066.00
City of Huntington Beach Printed on 10/15/2025Page 2 of 3
26
File #:25-803 MEETING DATE:10/21/2025
00
Total Funds Available: $456,124 .00
.in the amount of $453,066.00.
KASA Construction, Inc., has successfully completed similar park development projects. The total
project cost is estimated to be $453,066.00 which includes the construction contract and a
construction contingency.
Environmental Status:
This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section
15031(c), Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3,
because it has no potential to significantly affect the environment.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Construction Contract
2. Vicinity Map
City of Huntington Beach Printed on 10/15/2025Page 3 of 3
27
I I
28
CITY FUNDED CONSTRUCTION CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
KASA CONSTRUCTION, INC.
FOR
SCHROEDER PARK IMPROVEMENTS -CC1656
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 KASA CONSTRUCTION, INC. , a -----------------------------
--------------corporation, hereinafter referred to as "CONTRACTOR."
WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as
"PROJECT," more fully described as SCHROEDER PARK IMPROVEMENTS -CC1656
_____________________ 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 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
16-5195/City Funded Construction Contract.docx -revised 04/2016
29
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 fotth 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 fotth 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;
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D. The edition of Standard Spec(fications 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 particular 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
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
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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
FOUR HUNDRED FIFTY THREE THOUSAND SIXTY SIX Dollars
($ ____ 4_53_,_0_6_6 __ ~), 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 _______ S_IX_T_Y _______ ( 60 ) 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 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 of its work in conformance with the progress schedule set fotih 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
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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 fo1th 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.
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33
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 (I 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 (I 00%) of the final contract price, including all change orders, to warrant such
performance for a period of one ( 1) 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.
10. 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
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34
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
fo1th herein, damage will be sustained by CITY; and that it is, and would be, impractical and
extremely difficult to ascertain 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_A_N_D_D_O_L_L_A_R_S ______ ($ __ 1~,0_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 fu1ther 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
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35
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;
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36
(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 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
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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, 111 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
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 111
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 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
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38
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
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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 forth in CONTRACTOR's affidavit covering disputed claims,
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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 fo1th 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 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.
18. CALIFORNIA PREY AILING 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
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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 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
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( 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 1776, 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,
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43
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 3 700 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.
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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 Patties") 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.
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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 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 thirty
(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 of receipt of any claim filed with CITY or a court of competent jurisdiction which
arises out of performance of this agreement within ten ( 10) days of receipt of such claim or claims.
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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 (10) 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 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
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sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no
further obligation to CONTi{.ACTOR.
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 pertaining 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.
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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: Director of
2000 Main Street
, Public Works
Huntington Beach, CA 92648
35. SECTION HEADINGS
TO CONTRACTOR:
KASA CONSTRUCTION, INC.
ATTN: Diana Kashar
15148 Sierra Bonita Lane
Chino CA 91710
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.
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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 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
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50
context so indicates or requires. Nothing contained herein shall be construed so as to require the
commission of any act contrary to law, and wherever there is any conflict between any provision
contained herein and any present or future statute, law, ordinance or regulation contrary to which
the parties have no right to contract, then the latter shall prevail, and the provision of this
Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to
bring it within the requirements of the law.
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 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 parties.
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45. SIGN A TORIES
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 pa1iies 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 paiiy 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 pa1ties respecting the
subject matter hereof.
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52
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on _______ , ;2S) __ .
CONTRACTOR:
(print name)
IT S: Ch a irm a n/ President/
(circl e one)
CITY O F HUNTINGTON B EACH, a municipal
corporation of the State of California
Mayor
City Clerk
INITIATED AND APPROVED:
Directo r of Public Works
(print name) REVIEWED AND APPROVED:
~--=-:-=;.::: ·etary / Chief Financial Officer / Asst.
Treasurer ----(circl e one) City Manager
APPROVED 1}S TO FORM:
r~~
25
16-5195/City Funded Construction Contract.docx -revised 04/2016
pi=. City Attorney
53
JN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their authorized officers on ________ , 20 __
CONTRACTOR:
By: ____________ _
(print name)
ITS: Chairman/ President/ Vice-President
(circle one)
AND
By: _______________ _
(print name)
ITS: Secretary / Chief Financial Officer / Asst.
Secretary / Treasurer
(circle one)
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
Mayor
City Clerk
INITIATED AND APPROVED:
~
Director of Public Works
REVIEWED AND APPROVED:
City Manager
APPROVED AS TO FORM:
r~~ r-City Attorney
25
16-5195/City Funded Construction Contract.docx -revised 04/2016
54
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CC-1656
October 21, 2025 City Council Meeting
55
Project Overview
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57
@ I CONCRETE FLATWORK (4" THICK, l250 PSI) @ AOA PICNIC TABLE
@ INTEGRAL COLOR CONCRETI: FLA TWORK
WITH TOP-CAST FINISH (4" THICK, 325-0 PSI)
@ MONUMrnT SIGN
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Scope of Work
• Install new rubberized surfacing in the fitness equipment area.
• Install new picnic area with benches, bike rack, and trash receptacle.
• Install a new park sign.
• Install solar lighting.
• Plant new trees.
• Continue the concrete path along the playground and fitness
areas.
58
Funding
Construction Costs
KASA Construction, Inc. Bid:$ 393,970.00
15% Contingency:$ 59,096.00
Supplemental Cost:$0.00
Total Cost:$453,066.00
Project will be funded via Park Development Fund
Account 22845019.82900
59
Questions?
60
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-801 MEETING DATE:10/21/2025
REQUEST FOR CITY COUNCIL / HOUSING AUTHORITY ACTION
SUBMITTED TO:Honorable Mayor and City Council Members / Honorable Chair and Board
Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Jennifer Villasenor, Director of Community Development
PREPARED BY:Charles Kovac, Housing Manager
Subject:
Conduct a Tax and Equity Fiscal Responsibility Act (TEFRA) Public Hearing for the Pelican
Harbor Apartments; Adopt Resolution No. 2025-65 Approving the Issuance of the California
Municipal Finance Authority’s (CMFA) Continued Issuance of Tax-exempt Bonds in an amount
not to exceed $20,000,000 for the Pelican Harbor Apartments; and Approve Amendments to
Affordable Housing Agreements
Statement of Issue:
Jamboree Housing Corporation, the developer of Pelican Harbor Apartments, is requesting that the
City Council hold a Tax Equity and Fiscal Responsibility Act (TEFRA) public hearing and adopt a
resolution required under federal regulations to maintain the tax-exempt status of previously issued
bonds that helped finance the construction of the 43-unit permanent supportive housing community
for formerly homeless seniors located at 18431 Beach Boulevard.
This action is procedural. It does not authorize any new bonds or financing, nor does it create any
financial obligation or liability for the City. Holding this hearing is a federal requirement necessary for
the long-term conversion of a portion of the previously issued tax-exempt bonds from construction to
permanent financing.
In exchange for hosting the TEFRA hearing, the City has secured stronger affordability protections
and more favorable loan repayment terms.
Financial Impact:
This action does not create any new financial obligation for the City. In fact, the City will receive
several long-term benefits negotiated with the developer:
·The original 60-year affordability term will be extended to 99 years.
·The developer will pay the City $5,000 per year for 99 years, generating $495,000 in funding
for future housing or homelessness prevention activities.
·Interest rates on the City’s HOME and Inclusionary Loans will increase from 3% to 5%
City of Huntington Beach Printed on 10/15/2025Page 1 of 4
61
File #:25-801 MEETING DATE:10/21/2025
·Interest rates on the City’s HOME and Inclusionary Loans will increase from 3% to 5%
beginning in year 20, resulting in approximately $4.9 million in increased payments to the City
over the extended life of the loans.
Recommended Action:
A) Conduct the TEFRA public hearing pursuant to federal law.
B) Adopt Resolution No. 2025-65, “A Resolution of the City Council of the City of Huntington Beach
Approving the Issuance of the California Municipal Finance Authority Exempt Facility Bonds in an
Aggregate Principal Amount Not to Exceed $20,000,000 for the Purpose of Refinancing the
Acquisition, Construction, Improvement and Equipping of Pelican Harbor (Formerly Referred to as
Huntington Beach Senior Housing) and Certain Other Matters Relating Thereto” (Attachment 1).
C) Adopt First Amendment to Affordable Housing Agreement (Attachment 2).
D) Adopt First Amendment to Amended and Restated Agreement Containing Covenants (Attachment
3).
E) Adopt First Amendment to City HOME Promissory Note (Attachment 4).
F) Adopt First Amendment to City Inclusionary Housing Promissory Note (Attachment 5).
G) Authorize the City Manager and Housing Authority Executive Director, or their designees, to
execute the above documents.
Alternative Action(s):
Do not approve the proposed TEFRA hearing or amendments. This would create financing
uncertainty for the completed project and increase the risk of loan default or future foreclosure.
Analysis:
Background
Pelican Harbor Apartments is a 43-unit permanent supportive housing development located at 18431
Beach Boulevard. Completed in December 2024 and fully occupied as of January 2025, the project
serves one of the most vulnerable populations in Huntington Beach - formerly homeless seniors,
many of whom face significant health and mobility challenges. The project includes on-site case
management and supportive services funded through long-term contracts with the County of Orange.
The City contributed a total of $3,127,036 in loan funds to support the project:
·$2,830,697 from the federal HOME Investment Partnerships Program (HOME Loan), and
·$296,339 from local Inclusionary Housing funds (Inclusionary Loan).
These residual receipts loans are subordinate to the senior debt and carry a 3% simple interest rate
during the initial 20 years.
The project was developed by Jamboree Housing Corporation, a nonprofit affordable housing
developer, with additional funding from multiple federal and state sources including Orange County
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62
File #:25-801 MEETING DATE:10/21/2025
Purpose of the TEFRA Hearing
Under federal tax law, certain types of tax-exempt bond financing require a public hearing before the
bonds can be issued. This requirement, established by the Tax Equity and Fiscal Responsibility Act
(TEFRA) of 1982, ensures transparency and provides an opportunity for public input. A TEFRA
hearing must be held by the governing body of the jurisdiction where the project is located (in this
case, the Huntington Beach City Council) even if that agency is not issuing or backing the bonds.
The original TEFRA hearing for Pelican Harbor was held in December 2021 prior to construction
financing; however, that approval expired after three years. To comply with IRS regulations and allow
the previously issued bonds to transition from temporary (construction) to long-term (permanent)
financing, a new TEFRA hearing must be held by the City Council.
This requirement does not reflect a new bond issuance, nor does it represent additional financing or
cost to the City. It is a procedural step needed to maintain the tax-exempt status of the bonds already
issued. If not completed, the bondholder could lose the ability to keep the bonds tax-exempt, which
would create financing instability for the project and increase the risk of foreclosure.
Community Benefits
In exchange for hosting the TEFRA hearing, the City negotiated several enhancements to its existing
loan agreements with Jamboree. These include:
·Extending Affordability to 99 Years: The project will remain affordable to extremely and very
low-income seniors for nearly a century, ensuring long-term community benefit.
·New Annual Payment Obligation: Jamboree will make a $5,000 annual payment to the City for
the next 99 years, providing an additional $495,000 in local revenue to support affordable
housing and homelessness prevention programs.
·Improved Loan Terms for the City: Beginning in year 20, the interest rates on both City loans
(the HOME loan and the Inclusionary Housing loan) will increase from 3% to 5%, boosting the
future repayment amount owed to the City by nearly $5 million.
These benefits were not required as part of the original financing and represent a favorable
renegotiation for the City.
Importance of Council Action
The Pelican Harbor Apartments have already been constructed, are fully occupied, and are providing
critical housing and supportive services to formerly homeless seniors. This TEFRA hearing does not
authorize any new development, alter the project in any way, or affect current tenants. It is strictly a
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63
File #:25-801 MEETING DATE:10/21/2025
Environmental Status:
Pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15194, affordable
housing projects meeting specific criteria listed in Section 15192 and 15194 of the CEQA Guidelines
are exempt. The Project meets the criteria listed in the above-mentioned sections and is therefore
exempt.
Strategic Plan Goal:
Non Applicable - Administrative Item
For details, visit www.huntingtonbeachca.gov/strategicplan.
Attachment(s):
1. Resolution No. 2025-65, “Resolution of the City Council of the City of Huntington Beach
Approving the Issuance of the California Municipal Finance Authority Exempt Facility Bonds in an
Aggregate Principal Amount not to exceed $20,000,000 for the purpose of Refinancing the
Acquisition, Construction, Improvement and Equipping of Pelican Harbor (formerly referred to as
Huntington Beach Senior Housing) and Certain Other Matters Relating Thereto”
2. First Amendment to Affordable Housing Agreement
3. First Amendment to Amended and Restated Agreement Containing Covenants
4. First Amendment to City HOME Promissory Note
5. First Amendment to City Inclusionary Housing Promissory Note
6. PowerPoint Presentation
City of Huntington Beach Printed on 10/15/2025Page 4 of 4
64
65
RESOLUTION NO. 2025-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING THE ISSUANCE OF THE CALIFORNIA MUNICIPAL FINANCE
AUTHORITY EXEMPT FACILITY BONDS IN AN AGGREGATE PRINCIPAL AMOUNT
NOT TO EXCEED $20,000,000 FOR THE PURPOSE OF REFINANCING THE
ACQUISITION, CONSTRUCTION, IMPROVEMENT AND EQUIPPING OF PELICAN
HARBOR (FORMERLY REFERRED TO AS HUNTINGTON BEACH SENIOR HOUSING)
AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, the California Municipal Finance Authority (the "Authority") executed and
delivered its California Municipal Finance Authority Multifamily Housing Revenue Note
(Huntington Beach Senior Housing) 2022 Series A (the "Prior Bonds") for the purpose of
making a loan (the "Loan") to Beach Housing Partners LP, a California limited partnership (the
"Borrower") a partnership of which Jamboree Housing Corporation (the "Developer") or a
related person to the Developer is the general partner, to finance the acquisition, construction,
improvement and equipping of a senior multifamily rental housing project generally known as
Pelican Harbor (formerly referred to as Huntington Beach Senior Housing) located at 18431
Beach Boulevard, Huntington Beach, California (the "Project") which is owned by the Borrower;
and
The multifamily rental housing project has been fully constructed, and the Borrower is
working with one or more lenders to make certain amendments to the terms of the Loan, which
amendments and modifications will constitute a "reissuance" of the Prior Bonds for purposes of
federal income taxation requiring a new public hearing and approval pursuant to Section 14 7 of
the Internal Revenue Code of 1986 (the "Code"), which reissuance does not involve the
incurrence by the Borrower of new debt; and
To facilitate such reissuance for federal tax purposes, the Borrower has requested that the
Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a
qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more
series issued from time to time, including bonds issued to refund such exempt facility bonds in
one or more series from time to time, and at no time to exceed $20,000,000 in aggregate
principal amount (the "Bonds"), to refinance the acquisition, construction, improvement and
equipping of the Project; and
Pursuant to Section 147(-f) of the Code, the issuance of the Bonds by the Authority must
be approved by the City of Huntington Beach (the "City") because the Project is located within
the territorial limits of the City; and
The City Council of the City (the "City Council") is the elected legislative body of the
City and is one of the "applicable elected representatives" required to approve the issuance of the
Bonds under Section 147(-f) of the Code; and
25-17050/391590
66
RESOLUTION NO. 2025-65
The Authority has requested that the City Council approve the issuance of the Bonds by
the Authority in order to satisfy the public approval requirement of Section 14 7 ( f) of the Code
and the requirements of Section 4 of the Joint Exercise of Powers Agreement Relating to the
California Municipal Finance Authority, dated as of January 1, 2004 (the "Agreement"), among
certain local agencies, including the City; and
Pursuant to Section 147(f) of the Code, following notice duly given, representatives of
the Authority conducted a public hearing on behalf of the City Council regarding the issuance of
the Bonds in compliance with the requirements of Section 147(f) of the Code and provided
minutes of the hearing; and
The City Council now desires to approve the issuance of the Bonds by the Authority,
NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby
resolve as follows:
SECTION 1. The foregoing recitals are true and correct.
SECTION 2. The City Council hereby approves the issuance of the Bonds by the
Authority. It is the purpose and intent of the City Council that this resolution constitute approval
of the issuance of the Bonds by the Authority, for the purposes of (a) Section 147(f) of the Code
by the applicable elected representative of the governmental unit having jurisdiction over the
area in which the Project is located, in accordance with said Section 147(f) and (b) Section 4 of
the Agreement.
SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority
of any financing documents or execution of amendments relating thereto to which the Authority
is a party. The City shall have no responsibility or liability whatsoever with respect to the
Bonds.
SECTION 4. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing to acquire or construct the Project or any
refinancing of the Project; (ii) approve any application or request for or take any other action in
connection with any planning approval, permit or other action necessary for the acquisition,
construction, rehabilitation, installation or operation of the Project; (iii) make any contribution or
advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the
Authority or its membership therein.
SECTION 5. The officers of the City are hereby authorized and directed, jointly and
severally, to do any and all things and to execute and deliver any and all documents which they
deem necessary or advisable in order to carry out, give effect to and comply with the terms and
intent of this resolution and the financing transaction approved hereby.
2
67
RESOLUTION NO. 2025-65
SECTION 6. This resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 2l51 day of October, 2025.
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Manager Director of Community Development
APPROVED AS TO FORM:
City Attorney
3
FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT
(18431 Beach Boulevard)
THIS FIRST AMENDMENT TO AFFORDABLE HOUSING AGREEMENT (this
"First Amendment") dated for identification purposes only as of ____ , 2025, is made and
entered into by and among THE CITY OF HUNTINGTON BEACH, a municipal corporation
of the State of California ("City"), THE HUNTINGTON BEACH HOUSING AUTHORITY,
a public body, corporate and politic ("Authority"), and BEACH HOUSING PARTNERS LP, a
California limited partnership ("Owner") with reference to the following:
RECITALS
The following Recitals are a substantive part of this First Amendment. Capitalized terms
used in these Recitals and not otherwise defined shall have the meaning set forth in the Agreement
( defined below).
A.On or about January 5, 2021, City, Authority and Owner entered into that certain
Affordable Housing Agreement (the "Agreement"), pursuant to which, among other things, City
provided certain financial assistance to Owner to assist Owner to construct a forty-three ( 43) unit
senior affordable housing development known as "Pelican Harbor" (the "Project"), on certain real
property located at 18431 Beach Boulevard, in the City of Huntington Beach, State of California.
B.Owner completed construction of the Project on November 26, 2024, as evidenced
by City's issuance of a certificate of occupancy, and is pursuing Conversion.
C.Owner's construction and permanent financing are funded with proceeds of
mortgage revenue bonds issued by the California Municipal Finance Authority, and thereafter
loaned to Owner by U.S. Bank National Association, as "Funding Lender." The original TEFRA
hearing authorizing issuance of the bonds has expired, resulting in the need for a new TEFRA
hearing to be held by City.
D.City has agreed to hold the TEFRA hearing provided Owner agree to certain
changes to the terms of the City and Authority loan documents, as further set forth herein and in
certain amendments to the Amended and Restated Covenants, the HOME Note, and the
Inclusionary Note, all of which amendments are to be entered into concurrently herewith.
AGREEMENT:
NOW, THEREFORE, City, Authority and Owner hereby agree as follows:
1.The Agreement is hereby amended to provide that in addition to any other
payments required to be made by Owner pursuant to the Agreement and/or pursuant to any of the
other City or Authority loan documents, commencing in 2026, Owner shall annually pay to City
on each July 1 during the term of Amended and Restated Covenants, as amended, a fee in the
882/020587-0153
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68
amount of Five Thousand Dollars ($5,000) to be utilized by City for housing or homelessness
prevention activities.
2.Except as expressly modified by this First Amendment, all of the provisions
of the Agreement remain in full force and effect and shall govern the relationship of the Parties.
3.This First Amendment may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
882/020587-0153
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[SIGNATURES ON NEXT PAGE]
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69
IN WITNESS WHEREOF, City, Authority and Owner have signed this First Amendment
as of the date set forth above.
ATTEST:
By:-------------Lisa Lane Barnes, City Clerk
APPROVED AS TO FORM:
f...A-t�
{,.., Michael J. Vigliotta, City Attorney
ATTEST:
By:-------------Lisa Lane Barnes, Authority Secretary
APPROVED AS TO FORM:
P�D� fa.. Michael J. Vigliotta
Authority Counsel
882/020587-0 I 53
22702593.6 a09/24/25
"CITY"
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By: ____________ _ Travis Hopkins
City Manager
"AUTHORITY"
HUNTINGTON BEACH HOUSING
AUTHORITY, a public body, corporate and politic
By: ____________ _ Travis Hopkins
Executive Director
-3-
70
71
882/0205 8 7 -0 I 53
22702593.6 a09/09/25
"OWNER"
BEACH HOUSIN G PART NERS LP,
a Cali fornia limited partnership
By: JHC-B each LLC,
-4-
a California limited liability company
i ts Managing General Partner
By: Jamboree Housing Corporation,
a Cal ifornia nonprofi t public be nefit
,o,po.-.tionffi •' k ,
By. -~·-----~~---
Name: M i c hael Mass ie
Title : Executive Vice President and
Chief Development Officer
72
RECORDING REQUESTED BY
AND WHEN RECORDED RETURN TO:
THE CITY OF HUNTINGTON BEACH
2000 Main Street
Huntington Beach, CA 92648
Attn: City Manager
SP ACE ABOVE THIS LINE FOR RECORDER'S USE
APN: 159-031-18 FREE RECORDING REQUESTED
(Gov't Code Section 27383)
FIRST AMENDMENT TO AMENDED AND RESTATED
AGREEMENT CONTAINING COVENANTS
(INCLUDING RENTAL RESTRICTIONS)
(18431 Beach Boulevard)
THIS FIRST AMENDMENT TO AMENDED AND RESTATED AGREEMENT
CONTAINING COVENANTS (INCLUDING RENTAL RESTRICTIONS) (the "First
Amendment") dated as of _____ 2025, is entered into by and between BEACH
HOUSING PARTNERS LP, a California limited partnership ("Owner"), THE HUNTINGTON
BEACH HOUSING AUTHORITY, a public body, corporate and politic ("Authority"), and
THE CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California
("City").
RECITALS
The following Recitals are a substantive part of this First Amendment. Capitalized terms
used in these Recitals and not otherwise defined shall have the meaning set forth in the Agreement
(defined below).
A. On or about January 5, 2021, City, Authority and Owner entered into that certain
Affordable Housing Agreement (the "Affordable Housing Agreement"), pursuant to which,
among other things, City provided certain financial assistance to Owner to assist Owner to
construct a forty-three ( 43) unit senior affordable housing development known as "Pelican Harbor"
(the "Project"), on certain real property located at 18431 Beach Boulevard, in the City of
Huntington Beach, State of California.
B. At the original Closing (as defined in the Affordable Housing Agreement), City,
Authority and Owner entered into that certain Amended and Restated Agreement Containing
Covenants (Including Rental Restrictions, dated February 1, 2022, which was recorded on
February 4, 2022 in the Official Records of Orange County as Instrument No. 2022000048870
(the "Agreement").
882/020587-0153
22709557.2 a09/08/25
73
C. Owner completed construction of the Project on November 26, 2024, as evidenced
by City's issuance of a certificate of occupancy, and is pursuing Conversion (as defined in the
Affordable Housing Agreement).
D. Owner's construction and permanent financing are funded with proceeds of
mortgage revenue bonds issued by the California Municipal Finance Authority, and thereafter
loaned to Owner by U.S. Bank National Association, as "Funding Lender." The original TEFRA
hearing authorizing issuance of the bonds has expired, resulting in the need for a new TEFRA
hearing to be held by City.
E. City has agreed to hold the TEFRA hearing provided Owner agree to certain
changes to the terms of the City and Authority loan documents, as further set forth herein and in
certain amendments to the Affordable Housing Agreement, "HOME Note" (as defined in the
Affordable Housing Agreement), and the "Inclusionary Note" (as defined in the Affordable
Housing Agreement), all of which amendments are to be entered into concurrently herewith.
AGREEMENT:
NOW, THEREFORE, City, Authority and Owner hereby agree as follows:
1. The Agreement is hereby amended to change the "Term" thereof to the
period commencing on date City issued a certificate of occupancy for the Project and ending
ninety-nine (99) years thereafter (i.e., on November 26, 2123).
2. Except as expressly modified by this First Amendment, all of the provisions
of the Agreement remain in full force and effect and shall govern the relationship of the Parties.
3. This First Amendment may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
882/020587-0153
22709557 .2 a09/08/25
[End-Signature Page Follows]
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74
IN WITNESS WHEREOF, City, O wner and Authority have ente red into thi s First
Amendment as of the date set forth above.
"CITY"
C ITY OF HUNTINGTON BEAC H
By: ____________ _
Travis Hopkins
City Manager
A TTEST:
By:----------
Li sa Lane Barnes, City Cle rk
APPROVED AS TO FORM:
By: p __,,\.., ~
p-..,.. Michae l J . Vigliotta
City Attorney
"AUTHORITY"
HUNTINGTON BEACH HOUSING
AUTHORITY,
a public body corporate and politi c
By:. ____________ _
Travis Ho pkins
Execu tive Director
ATTEST:
By:-----------
Lisa Lane Barnes , Authority Secretary
A PPROVED AS TO FORM :
f..A-~ By: _________ _
;..Mic hael J. V ig li otta
Au thority Counsel
882/020587-0 I 53
22709557 .2 a09/24/25
"OWNER"
BEAC H HO USING PARTNE RS L P
a California li mited pa1tnership
By:
Its:
-3 -
JHC-Beach LLC, a Californ ia limited
lia bility company
Managing General Partner
By: Jamboree Housing Corporation,
a California nonprofit pub lic
benefit co rporation
::. M&Al ~
Michael Ma ssie '
Executive Vice President and Chief
Deve lopmen t Officer
75
A Notary Publ ic or other officer completing this ce1ti fic ate ve r ifies only the identity of the
in di v idual who s ig ne d the doc um ent to whi ch this certificate is attached , and not the truthfulness ,
accuracy, o r va lidity of that d ocument.
State of Cal ifornia tt.O
County of ~O_._(--=-(A_Yl--1~----
0n "fWS . tojz(y0~
)
)
-l nsen 9jl me and title o f t he officer)
Notary Publi c , personally appeared t'J\ \ lhfA.e tJl Qc,s 1..z...
who proved to me on the bas is of satisfactory ev id ence 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 h is/he r/their auth o ri zed capac ity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted , executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of Cal ifornia that the
fore goi n g paragraph is true and co r rect.
WITNESS my hand and official seal.
Sign ature_..,_~__.__ _ ___;'--"-----------(Seal)
882/020587 -0 153
227095 57.2 a09/08/25
Q,--I ; ' COMM, #2527809
f Notary Publio-Catlfomla ;
. • · ORANGE COUNTY f l My Comm. ExplresJuty 21, 20291
76
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 -----------
)
)
On ____________ , before me, _______________ _
(insert name and title of the officer)
Notary Public, personally appeared ______________________ _
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PEN AL 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 ________________ _
882/020587-0153
22709557.2 a09/08/25
(Seal)
77
Exhibit "A"
LEGAL DESCRJPTION
REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE,
STATE OF CALIFORNIA, DESCRJBED AS FOLLOWS:
PARCEL 2, IN THE CITY OF HUNTINGTON BEACH, COUNTY OF ORANGE, ST ATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 76, PAGE 4 OF PARCEL MAPS, IN
THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 159-031-18
882/020587-0] 53
22709557.2 a09/08/25 Exhibit "A"
78
FIRST AMENDMENT TO RESIDUAL RECEIPTS
PROMISSORY NOTE SECURED BY DEED OF TRUST
TO THE CITY OF HUNTINGTON BEACH, CALIFORNIA
This FIRST AMENDMENT TO RESIDUAL RECEIPTS PROMISSORY NOTE
SECURED BY DEED OF TRUST TO THE CITY OF HUNTINGTON BEACH ("First
Amendment No. l") is made and entered into as of ______ , 2025 ("Effective Date") by and
between BEACH HOUSING PARTNERS LP, a California limited partnership ("Borrower"), and
CITY OF HUNTINGTON BEACH, a municipal corporation of the state of California ("City").
The following Recitals are a substantive part of this First Amendment. Capitalized terms used in
these Recitals and not otherwise defined shall have the meaning set forth in the Agreement ( defined
below).
A. On or about January 5, 2021, City, the Huntington Beach Housing Authority, and
Borrower entered into that certain Affordable Housing Agreement (the "Agreement"), pursuant
to which, among other things, City provided certain financial assistance to Borrower to assist
Borrower to construct a forty-three (43) unit senior affordable housing development known as
"Pelican Harbor" (the "Project"), on certain real property located at 18431 Beach Boulevard, in
the City of Huntington Beach, State of California.
B. At the Closing, Borrower executed that certain Residual Receipts Promissory Note
Secured by Deed of Trust to the City of Huntington Beach, California, dated February 1, 2022, to
evidence and set forth the repayment terms of the HOME Loan (the "HOME Note").
C. Borrower has completed construction of the Project, and is pursuing Conversion.
D. Borrower's construction and permanent financing are funded with proceeds of
mortgage revenue bonds issued by the California Municipal Finance Authority, and thereafter
loaned to Borrower by U.S. Bank National Association, as "Funding Lender." The original
TEFRA hearing authorizing issuance of the bonds has expired, resulting in the need for a new
TEFRA hearing to be held by City.
E. City has agreed to hold the TEFRA hearing provided Borrower agree to certain
changes to the terms of the City and Authority loan documents, as further set forth herein and in
certain amendments to the Agreement, Amended and Restated Covenants, and the Inclusionary
Note, all of which amendments are to be entered into concurrently herewith.
AGREEMENT:
NOW, THEREFORE, City and Owner hereby agree as follows:
1. The HOME Note is hereby amended to provide that commencing in the
twentieth (20th ) year following the year in which the Occupancy Date occurs, the HOME Note
882/020587-0153
22705364.2 a09/08/25
79
shall accrue simple interest at the rate of five percent (5%) per annum on the principal amount
outstanding.
2. The HOME Note is hereby amended to change the "Maturity Date" to the
ninety-ninth (99th ) anniversary of the Occupancy Date.
3. Except as expressly modified by this First Amendment, all of the provisions
of the HOME Note remain in full force and effect and shall govern the relationship of the Parties.
4. This First Amendment may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
882/020587-0153
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[End-Signature Page Follows]
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80
IN WITNESS WHEREOF, City and Owner each hereby represents that it has read this First
Amendment , understands it , and hereby executes this First Amendment to be effective as of the day
and year first written above .
ATTEST:
By: ___________ _
Lisa Lane Barnes , City Clerk
APPROV E D AS TO FORM:
?-<-~
h,Michael J. Vigliotta, City Attorney
ATTE ST:
By:-----------
Lisa Lane Barnes, Authority Secretary
APPROVED AS TO FORM: .
f, Michael J. Vigliotta
Authority Counsel
882 /020587 -0 I 53
2270536 4 .2 a09 /24 /25
"CITY"
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By : ______________ _
Travis Hopkins
City Manager
"AUTHORITY"
HUNTINGTON BEACH HOUSING
AUTHORITY, a public body , corporate and politic
By : ______________ _
Travis Hopkins
Executive Director
-3-
81
8 82/020587-0 153
22709602.2 a09/08/2 5
"OWNER"
BEACH HOUSING PARTNERS LP,
a California lim ited partners hip
By: JHC-B each LLC ,
-4-
a Californi a limited liability company
its Manag ing General Partner
By: Jamboree Housing Corporation,
a Cali fornia nonprofit pu b lic benefit
corport on it
By: /l
Name: Michael Massie
Title : E xecutive Vice Pres ident and
Chief Developme nt Officer
82
FIRST AMENDMENT TO RESIDUAL RECEIPTS
PROMISSORY NOTE SECURED BY DEED OF TRUST
TO THE CITY OF HUNTINGTON BEACH, CALIFORNIA
This FIRST AMENDMENT TO RESIDUAL RECEIPTS PROMISSORY NOTE
SECURED BY DEED OF TRUST TO THE CITY OF HUNTINGTON BEACH ("First
Amendment No. 1") is made and entered into as of ______ , 2025 ("Effective Date") by and
between BEACH HOUSING PARTNERS LP, a California limited partnership ("Borrower"), and
CITY OF HUNTINGTON BEACH, a municipal corporation of the state of California ("City").
The following Recitals are a substantive part of this First Amendment. Capitalized terms used in
these Recitals and not otherwise defined shall have the meaning set forth in the Agreement ( defined
below).
A. On or about January 5, 2021, City, the Huntington Beach Housing Authority, and
Borrower entered into that certain Affordable Housing Agreement (the "Agreement"), pursuant
to which, among other things, City provided certain financial assistance to Borrower to assist
Borrower to construct a forty-three (43) unit senior affordable housing development known as
"Pelican Harbor" (the "Project"), on certain real property located at 18431 Beach Boulevard, in
the City of Huntington Beach, State of California.
B. At the Closing, Borrower executed that certain Residual Receipts Promissory Note
Secured by Deed of Trust to the City of Huntington Beach, California, dated February 1, 2022, to
evidence and set forth the repayment terms of the Inclusionary Loan (the "Inclusionary Note").
C. Borrower completed construction of the Project on November 26, 2024, as
evidenced by City's issuance of a certificate of occupancy, and is pursuing Conversion.
D. Borrower's construction and permanent financing are funded with proceeds of
mortgage revenue bonds issued by the California Municipal Finance Authority, and thereafter
loaned to Borrower by U.S. Bank National Association, as "Funding Lender." The original
TEFRA hearing authorizing issuance of the bonds has expired, resulting in the need for a new
TEFRA hearing to be held by City.
E. City has agreed to hold the TEFRA hearing provided Borrower agree to certain
changes to the terms of the City and Authority loan documents, as further set forth herein and in
certain amendments to the Agreement, Amended and Restated Covenants, and the HOME Note,
all of which amendments are to be entered into concurrently herewith.
AGREEMENT:
NOW, THEREFORE, City and Owner hereby agree as follows:
1. The Inclusionary Note is hereby amended to provide that commencing in
the twentieth (20th ) year following the year in which the Occupancy Date occurs, the Inclusionary
882/020587-0153
22709602.2 a09/08/25
83
Note shall accrue simple interest at the rate of five percent ( 5%) per annum on the principal amount
outstanding.
2. The Inclusionary Note is hereby amended to change the "Maturity Date" to
the ninety-ninth (99 th) anniversary of the Occupancy Date (i.e., November 26, 2123).
3. Except as expressly modified by this First Amendment, all of the provisions
of the Inclusionary Note remain in full force and effect and shall govern the relationship of the
Parties.
4. This First Amendment may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
882/020587-0153
22709602.2 a09/08/25
[End-Signature Page Follows]
-2-
84
IN WITNESS WHEREOF, City and Owner each hereby represents that it has read this First
Amendment, understands it, and hereby executes this First Amendment to be effective as of the day
and year first written above.
ATTEST:
By: _________ _
Lisa Lane Barnes, City Clerk
APPROVED AS TO FORM :
/-Michael J. Vigliotta, City Attorney
ATTEST:
By:-----------
Lisa Lane Barnes , Authority Secretary
APPROVED AS TO FORM :
\
(?A,~
~Michael J. Vigliotta
Authority Counsel
88 2/0205 87-015 3
2270960 2 .2 a09/24/2 5
"CITY"
CITY OF HUNTINGTON BEACH, a municipal
corporation of the State of California
By: ______________ _
Travis Hopkins
City Manager
"AUTHORITY"
HUNTINGTON BEACH HOUSING
AUTHORITY, a public body, corporate and politic
By : ______________ _
Travis Hopkins
Executive Director
-3-
85
8 82/020587-0 153
22709602.2 a09/08/2 5
"OWNER"
BEACH HOUSING PARTNERS LP,
a California lim ited partners hip
By: JHC-B each LLC ,
-4-
a Californi a limited liability company
its Manag ing General Partner
By: Jamboree Housing Corporation,
a Cali fornia nonprofit pu b lic benefit
corport on it
By: /l
Name: Michael Massie
Title : E xecutive Vice Pres ident and
Chief Developme nt Officer
TEFRA Public
Hearing for Pelican
Harbor Senior
Housing Project
City Council
October 21, 2025
86
Background
• November 4, 2019, the City Council approved an Acquisition Loan
Agreement with Jamboree Housing Corporation to purchase a 0.78-
acre parcel of vacant land located at 18431 Beach Boulevard for $3
million consisting of HOME funds and Inclusionary Housing funds.
• The Project consists of the development of a 43-unit senior affordable
housing project (occupied in January 2025).
• On January 19, 2021, the City Council approved an Affordable
Housing Agreement with Beach Housing Partners, LP, which included
the following affordable housing requirements:
The Project will be affordable for 60 years
33 units will be affordable to extremely low-income households (less than
30% of the area median income)
9 units will be affordable to very low-income households (less than 50% of
the area median income)
One unit will be an on-site manager’s unit
87
Background
• The Federal Tax Equity and Fiscal Responsibility Act (TEFRA)
requires that a public hearing be held in connection with the
issuance of tax-exempt bonds and is held in the jurisdiction the
Project is located.
• After the TEFRA hearing on December 21, 2021, the City Council
approved a tax-exempt bond issuance of up to $20 million for Project
construction and permanent financing.
• The tax-exempt bonds were eventually issued by California
Municipal Finance Authority in the amount up to $20 million.
88
Background
• In addition to $3 million in City loans, the Project also included public
funding sources from State and County that act as equity while the
tax-exempt bonds serve primarily as the construction/permanent
loan.
• The use of tax-exempt bonds offer lower interest rates compared
to regular bank loan, thus providing cost savings and increased
leverage of the public funding sources.
• The City of Huntington Beach did not issue the tax-exempt bonds for
the Project as the repayment of the bonds are the sole obligation of
the Developer through the sale of tax credit equity and rental
revenues from the Project.
89
Proposed TEFRA Hearing
• A portion of the $20 million in tax-exempt bonds will be outstanding
at permanent conversion to fund the permanent loan.
• The TEFRA needs to be current during conversion from construction
to permanent financing and maintain the tax-exempt status.
• This action would create the need to hold another TEFRA hearing as
the prior TEFRA hearing term expired after three years on December
21, 2024.
• The Developer has requested that another TEFRA hearing be held
to address the long-term conversion of a portion of the bond
proceeds into the permanent loan, and that the City Council
consider this action.
• There are no additional funds allocated as a result of this TEFRA
hearing and no additional bonds will be issued.
90
Proposed Amendments
In return for hosting the TEFRA hearing, the City would receive the
following concessions from the Developer:
• The term of the Project’s affordability covenants shall be
increased from 60 years to 99 years.
• Developer annually pays the City a $5,000 fee for the term of the
Project’s affordability covenants to be used for housing or
homelessness prevention activities.
• The simple interest on the HOME Loan and Inclusionary Loan
shall be increased at Year 20 of the respective Note terms from
three (3) percent to five (5) percent.
91
Recommendations
• Conduct a TEFRA public hearing; and,
• Adopt Resolution No. 2025-65 approving CMFA’s continued
issuance of Tax Exempt Bonds in an Amount not to exceed
$20,000,000 for the Pelican Harbor Apartments; and,
• Adopt the First Amendments to the Affordable Housing Agreement,
Amended and Restated Agreement Containing Covenants, City
HOME Promissory Note, and City Inclusionary Housing Promissory
Note.
• Authorize the City Manager and Housing Authority Executive
Director, or their designee, to execute the above documents.
92
Questions?
93
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-833 MEETING DATE:10/21/2025
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO:Honorable Mayor and City Council Members
SUBMITTED BY:Travis Hopkins, City Manager
VIA:Eric Parra, Chief of Police
PREPARED BY:Kevin Johnson, Investigations Captain
Subject:
Approve for Introduction Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous
Oxide
Statement of Issue:
At the request of Council Woman Van Der Mark and Councilmen Twining and Kennedy, the
Huntington Beach City Council, at its October 7, 2025, meeting, directed staff to prepare an
ordinance prohibiting the sale and distribution of Nitrous Oxide within the City.
Financial Impact:
Not applicable.
Recommended Action:
Approve for introduction Ordinance No. 4342, “An Ordinance of the City Council of the City of
Huntington Beach, adding a New Chapter 9.94 Entitled “Prohibition on Sale or Distribution of Nitrous
Oxide” to Title 9 of the the Huntington Beach Municipal Code to Establish Regulations Prohibiting the
Unlawful Sale or Distribution of Nitrous Oxide in the City.”
Alternative Action(s):
Do not approve the recommended action and direct staff accordingly.
Analysis:
Nitrous oxide, commonly known as “laughing gas” or “whippets,” has become a growing public health
and safety concern in Huntington Beach and throughout Orange County. Although nitrous oxide has
legitimate medical and commercial applications, it is increasingly being misused as a recreational
inhalant, creating challenges that require regulatory action beyond current state law.
Sold widely under the guise of “whipped cream chargers” or “culinary use,” nitrous oxide is
inexpensive, packaged in colorful and youth-oriented designs, and readily available in smoke shops,
City of Huntington Beach Printed on 10/15/2025Page 1 of 2
94
File #:25-833 MEETING DATE:10/21/2025
Environmental Status:
Pursuant to CEQA Guidelines Section 15378(b)(5), administrative activities of governments that will
not result in direct or indirect physical changes in the environment do not constitute a project.
Strategic Plan Goal:
Non Applicable - Administrative Item
Attachment(s):
1. Ordinance No. 4342
City of Huntington Beach Printed on 10/15/2025Page 2 of 2
95
96
ORDINANCE NO. 4342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH, ADDING A NEW CHAPTER
9.94 ENTITLED "PROHIBITION ON SALE OR
DISTRIBUTION OF NITROUS OXID E " TO TITLE 9 OF THE
HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH
REGULATIONS PROHIBITING THE UNLAWFUL SALE OR
DISTRIBUTION OF N ITROUS OXIDE IN THE CITY
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 ha s the right and power to make
and enforce all laws and regulations in respect to municipal affairs.
Nitrous Oxide is an odorless, colorless chemical that can be inhaled for le gitimate purposes
associated with medical or dental procedures in a clinical setting, and is legitimately used for
industrial purposes and as a propellant for food products; and
Nitrous Oxide is also subject to recreational mis use and abuse , in part, because it is easy to
purchase from retail vendors and re lative ly inexpensive; and
The recreational misuse and abuse of Nitrous Oxide can cause permanent vitamin
deficiencies in the blood, and can cause long-term neurological effects, including paralysis and
death; and
The incidence of Nitrous Oxide recreational misuse and abuse has been on the rise both
within the City and internationally over the past decade, with multiple medical studies noting
significant increases in recreational misuse in the past five years , as well as a broader medical
understanding of the lon g-te rm hematological and neurological impacts of Nitrous Oxide misuse
and abuse; and
The City does not currently regulate the sale of N itrous Oxide and finds and declares that in
the absence of local regulation, Nitrous Oxide remai ns subject to significant ri sk of misuse and
abuse through sa le to individuals who intend to misuse or abuse the product; and
The City desires to regulate the sa le of Nitrous Oxide in order to preserve a nd protect public
health and to dissuade sellers of Nitrous Oxide products from se lling to individuals which they
know or have reason to know intend to use the products for illegal purposes (i.e., recreatio na l
ingestion and/or inhalation); and
On February 25, 2025, the County of Orange Board of Supervisors adopted Ordinance No.
25-004, adding Division 19 to Title 3 of the Codified Ordinances of the Cou nty of Orange to
prohibit the sa le of nitrous oxide in the county, except when so ld for cu linary use , wholesale , for
use in a vehicle, for the purpose of providing medical or dental care, or by a pharmacist. The
ordinance was supported by the Orange County District Attorney, the Orange County Sheriffs
Department, and the Costa Mesa Police Department; and
The City of Huntington Beach, pursuant to the provisions of the Cal ifornia E nvironmental
Quality Act ("CEQA") (California Public Resources Code Section 21000 et seq.) and State
1
25 -1723 7/392023
97
ORDINANCE NO. 4342
CEQA guidelines (Sections 15000 et seq.) has determined that the ordinance is not a "project"
and further, that it is exempt from the provisions of CEQA pursuant to CEQA Guidelines Section
15061 (b )(3) (because it can be seen with certainty that the adoption of this Ordinance will not
have an effect on the environment) such that no environmental review under CEQA is required;
and
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION I. The above recitals are true and correct.
SECTION 2. A new Chapter 9.94 entitled "Prohibition on Sale or Distribution of Nitrous
Oxide" is added to Title 9 of the Huntington Beach Municipal Code, to read as follows:
Chapter 9.94. Prohibition on Sale or Distribution of Nitrous Oxide
9.94.010 Definitions. For purposes of this article, the following definitions apply.
A. "Device" means any cartridge, compressed gas cylinder, apparatus, container, balloon,
attachment, nozzle, or other object used to contain, dispense or administer nitrous oxide.
B. "Nitrous oxide" means the colorless nonflammable gas sometimes identified as N2O,
which is sometimes used in aerosols and sometimes used as an anesthetic, and which, when
inhaled, produces loss of sensibility to pain, often preceded by exhilaration and laughter and
often used as an anesthetic in dentistry. Nitrous oxide is often informally or colloquially referred
to as "laughing gas," "NOX," "galaxy gas," "whippits," amongst others.
C. "Person" means any individual or legal entity however constituted or organized.
D. "Wholesale capacity" means sale of or distribution of nitrous oxide or a device to
dispense nitrous oxide to a person that will use nitrous oxide or the device in service or products
for resale. Examples include, but are not limited to, commercial sale of dentistry supplies to
dentists or dentistry offices, commercial sale of devices for the use in food production or in a
commercial kitchen, and/or commercial sale of nitrous oxide for the purpose of producing food
products for commercial sale ( e.g., whipped cream canisters).
9.94.020. Prohibition on Sale or Distribution of Nitrous Oxide
Except as otherwise authorized by law or allowed under this Chapter, it is unlawful for any
person to sell, attempt to sell, offer, distribute or otherwise provide to any person nitrous oxide, a
device to dispense or administer nitro\1s oxide, or any device that contains any quantity of nitrous
oxide.
9.94.030. Exceptions to Prohibition.
This Chapter does not apply to the sale, attempt to sell, distribution, or other manner of
providing nitrous oxide, or a device containing nitrous oxide, in the following exempt
circumstances:
2
98
ORDINANCE NO. 4342
A. If the nitrous oxide is contained in a food product for use as a propellant.
B. If the nitrous oxide or device is being sold, attempted to be sold, offered, or distributed
in a wholesale capacity, for uses similar to those described in subsection (D) of section 9.94.010.
This exemption only applies if the wholesaler does not know or have reason to know that the
recipient intends to use the nitrous oxide or device in violation of section 9.94.020.
C. If the nitrous oxide or device that is being sold, attempted to be sold, offered, or
distributed is specifically designed for use in a vehicle to enhance the performance of the vehicle,
sold by a licensed retailer, and is flavorless.
D. If the nitrous oxide is being sold, attempted to be sold, offered, or distributed specifically
for the purpose of providing medical or dental care, by or at the direction and under the
supervision of, a medical or dental practitioner licensed by the State of California and in
accordance with all applicable rules and regulations.
E. If the nitrous oxide or device is being sold, attempted to be sold, offered, distributed, or
dispensed by a pharmacist, pharmacist intern, or pharmacy as defined by California Business &
Professions Code§§ 4030, 4036, and 4037, as may be amended, in the course of their duties as a
pharmacist or pharmacist intern, or wholesalers licensed by the Board of Pharmacy.
F. Or any other circumstances exempted under law.
Any sales or distributions of Nitrous Oxide contemplated under this section shall comply
with all documentation requirements set forth in California Penal Code §38 le.
9.94.040 . Violations and Penalties.
a. Any person who violates this chapter is guilty of a misdemeanor and upon
conviction thereof may be punished by a fine of not more than one thousand dollars ($1,000) or
by imprisonment in the County Jail for a period of not more than six (6) months or by both such
fine and imprisonment. Each day any violation of any said provision of this chapter shall
continue shall constitute a separate offense .
b. Alternatively, violations may be addressed through the use of administrative
citations as set forth in Chapter 1.18 of this Code.
c. Use of criminal enforcement and/or administrative citations shall not prevent or
preclude the City from seeking injunctive relief and civil penalties in court for violation of this
article. This section shall not serve to limit any other legal remedies or actions that the City may
have to address violations of this chapter. A violation of this chapter is grounds for a revocation
of a business license, if applicable, pursuant to Section 5.04.300 of the Huntington Beach
Municipal Code.
SECTION 3. CEOA. This Ordinance was assessed in accordance with the authority and
criteria contained in the California Environmental Quality Act ("C E QA"), the State CEQA
Guidelines , and the environmental regulations of the City. The City Council hereby finds and
determines that the Ordinance is not subject to CEQA under the general rule in CEQA
3
99
ORDINANCE NO. 4342
Guidelines Section 15061 (b )(3) that CEQA applies only to projects which have the potential for
causing a significant effect on the environment. City staff shall cause a Notice of Exemption to
be filed as authorized by CEQA and the State CEQA Guidelines.
SECTION 4. Inconsistencies. Any provision of the Huntington Beach Municipal Code or
appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such
inconsistencies and no forther, are repealed or modified to the extent necessary to affect the
provisions of this Ordinance.
SECTION 5. Effective Date. This Ordinance shall become effective 30 days after its
passage.
SECTION 6. Severability. If any section, subsection, subdivision, sentence, clause, phrase,
or portion of this Ordinance or the application thereof to any person or place, is for any reason
held to be invalid or unconstitutional by the decision of any comt of competent jurisdiction, such
decision shall not affect the validity of the remainder of this ordinance and shall not affect other
provisions of this Ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this Ordinance are severable. The City Council
hereby declares it would have adopted this Ordinance, and each and every section, subsection,
subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or
more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be
declared invalid or unconstitutional.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance
and shall post or publ ish this Ordinance in the manner required by law.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of
Huntington Beach at a regular meeting thereof held on the ___ day of ___ , 2025.
Mayor
ATTEST: APPROV ED AS TO FORM:
City Clerk
INITIATED AND APPROVED:
~anager ~
4
City of Huntington Beach
2000 Main Street,
Huntington Beach, CA
92648
File #:25-830 MEETING DATE:10/21/2025
Subject:
Councilmember Item Submitted by Councilman Butch Twining and Mayor Pat Burns -
Invitation to Orange County Registrar of Voters to Present at a Huntington Beach City Council
Meeting
Recommended Action:
Invite the Orange County Registrar of Voters to present at a City Council meeting.
Attachment(s):
1. Councilman Twining and Mayor Burns - Memo
City of Huntington Beach Printed on 10/15/2025Page 1 of 1
100
City Council Meeting – Council Member Items Report
To: City Council
From: Councilman Butch Twining
Mayor Pat Burns
Date: October 21 , 2025
Subject: INVITATION TO ORANGE COUNTY REGISTRAR OF VOTERS TO
PRESENT AT A HUNTINGTON BEACH CITY COUNCIL MEETING
2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov
ISSUE STATEMENT
In the last few weeks, I have received countless emails requesting that the Huntington Beach City
Council ask Bob Page, the Orange County Registrar of Voters (OCROV), to address concerns
about voting security in Orange County and Huntington Beach.
On behalf of our constituents, we should extend an invitation for the OCROV to speak at an
upcoming City Council meeting regarding election integrity and voter engagement. Insights on
such topics as voter identification, election administration, and efforts to prevent voter fraud will
help inform both the public and the City Council on how the OCROV manages elections, ensures
transparency, and bolsters the democratic process.
RECOMMENDED ACTION
Invite the Orange County Registrar of Voters to present at City Council meeting.
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
101
•. CITY OF
_ HUNTINGTON BEACH