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Home My WebLink About2025-11-04 Agenda PacketIN-PERSON PUBLIC PARTICIPATION: Members of the public are welcome to attend City Council meetings in person. Alternate ways to view meetings live or on-demand include: livestreamed on HBTV Channel 3 (replayed on Wednesday at 10:00 a.m. and Thursday at 6:00 p.m.); live and archived meetings for on-demand viewing accessed from https://huntingtonbeach.legistar.com/calendar , https://bit.ly/SurfCityTV, or the City's YouTube Channel at https://www.youtube.com/cityofhb , or from any Roku, Fire TV or Apple device by downloading the Cablecast Screenweave App and searching for the City of Huntington Beach channel. PRESENTATION MATERIAL: Due to updates to City Council venue, digital presentations or videos will no longer be displayed at City Council meetings as part of public comment. To present images or materials to the City Council, please bring nine paper copies to the City Council meeting. Paper copies will be distributed to City Council Members at the meeting and will be made part of the public record. 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 Council, posted to the City website, and announced at the City Council meeting, though not read. Please note that Supplemental Communications can only be submitted to SupplementalComm@SurfCity-HB.org. Communications received Monday after the 5:00 PM deadline will only be included in the administrative record. MEETING ASSISTANCE NOTICE: In accordance with the Americans with Disabilities Act, services are available to members of our community who require special assistance to participate in public meetings. If you require special assistance, 48-hour prior notification will enable the City to make reasonable arrangements for an assisted listening device (ALD) for the hearing impaired, American Sign Language interpreters, a reader during the meeting and /or large print agendas. Please contact the City Clerk's Office at (714) 536-5227 or (714) 374-5390 for more information. AGENDA City Council/Public Financing Authority Tuesday, November 4, 2025 5:00 PM - Closed Session 6:00 PM - Study Session/Regular Meeting 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 November 4, 2025City Council/Public Financing Authority 5:00 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 25-8651.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. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING 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. Page 1 of 6 2 AGENDA November 4, 2025City Council/Public Financing Authority 25-8622.Huntington Beach Police Chaplain James Pike 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, 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 Page 2 of 6 3 AGENDA November 4, 2025City Council/Public Financing Authority 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. STUDY SESSION 25-8693.Archer Aviation Inc. Presentation - Opportunity with the Federal Aviation Administration for the Electric Vertical Takeoff and Landing and Advanced Air Mobility Aircraft Integration Pilot Program CITY MANAGER'S REPORT CONSENT CALENDAR (Items 4 - 9) City Clerk 25-8634.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting and the Housing Authority special meeting minutes of October 21, 2025. Recommended Action: Community and Library Services 25-8185.Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Art League of Huntington Beach for use of space at the Huntington Beach Central Library Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding between the City of Huntington Beach and the Art League of Huntington Beach for Use of Space at the Huntington Beach Central Library.” Recommended Action: 25-8496.Approve and authorize execution of Cooperative Agreement No. C-5-4010 for the Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant Program between the Orange County Transportation Authority (OCTA) and City of Huntington Beach A) Approve and authorize the City Manager to execute “Cooperative Agreement No. C-5- 4010 between the Orange County Transportation Authority and City of Huntington Beach” for a term of March 3, 2025 to March 1, 2027; and, B) Accept the grant award and approve the expenditure of funds as referenced in Cooperative Agreement No C-5-4010; and, Recommended Action: Page 3 of 6 4 AGENDA November 4, 2025City Council/Public Financing Authority C) Authorize the appropriation of $51,685 to Grant Account 130445001.63230 to be reimbursed through Cooperative Agreement No. C-5-4010. Fire 25-8387.Authorize designated City staff to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Services (DHCS) and the City of Huntington Beach and the Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and approve a payment of $722,804 to DHCS for FY 2025/26 A) Authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement between the California Department of Health Care Servies (DHCS) and the Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and B) Approve a payment of $722,804 to the California Department of Health Care Services for the agreement during FY 2025/26 . Recommended Action: Police 25-8548.Adopt Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide - Approved for introduction October 21, 2025, by a vote of 7-0 Adopt 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 Huntington Beach Municipal Code to Establish Regulations Prohibiting the Unlawful Sale or Distribution of Nitrous Oxide in the City .” Recommended Action: Public Works 25-8199.Approve and accept the Public Improvements, Release the Sureties, and Accept a Guarantee and Warranty Bond for the Shorehouse Residential Subdivision (Tract 18068) A) Accept the improvements constructed and dedicated for public use with Tract 18068, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements Recommended Action: Page 4 of 6 5 AGENDA November 4, 2025City Council/Public Financing Authority (Attachment 2) with the Orange County Recorder; and, B) Accept Guarantee and Warranty Bond No. PB02497501239-M (Attachment 3); the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, C) Instruct the City Treasurer to release the Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239, and Monument Bond No. PB02497501240; and, D) Instruct the City Clerk to notify the developer, C3 DLG 414 Main Street, LLC, of this action, and the City Treasurer to notify the surety company, Philadelphia Indemnity Insurance Company, of this action. ORDINANCES FOR INTRODUCTION 25-83610.Approve for Introduction Ordinance No. 4343 Adopting the 2025 Model California Construction Codes and Schedule a Public Hearing for December 16, 2025 A) Approve for Introduction Ordinance No. 4343, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 - Buildings and Construction by Reference and Ordinance Nos. 4268 and 4270” (Attachment No. 1) and, B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4343 on December 16, 2025. Recommended Action: 25-85811.Approve for Introduction Ordinance No. 4344 Amending Huntington Beach Municipal Code Section 10.84 - Bicycle Regulations Approve for introduction Ordinance No. 4344, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations.” Recommended Action: COUNCIL MEMBER ITEMS 25-85712.Councilmember Item Submitted by Councilmen Butch Twining, Andrew Gruel, and Chad Williams - Pedestrian and Bike Safety Direct the City Manager to continue to explore pedestrian and bike safety projects and funding, and to work with CalTrans and local legislators to support, identify funding, and Recommended Action: Page 5 of 6 6 AGENDA November 4, 2025City Council/Public Financing Authority prioritize pedestrian and bike safety projects. CITY COUNCIL MEMBER REQUESTS ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, November 18, 2025, in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 6 of 6 7 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-865 MEETING DATE:11/4/2025 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 10/29/2025Page 1 of 1 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-862 MEETING DATE:11/4/2025 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 10/29/2025Page 1 of 1 9 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-869 MEETING DATE:11/4/2025 Subject: Archer Aviation Inc. Presentation - Opportunity with the Federal Aviation Administration for the Electric Vertical Takeoff and Landing and Advanced Air Mobility Aircraft Integration Pilot Program City of Huntington Beach Printed on 10/29/2025Page 1 of 1 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-863 MEETING DATE:11/4/2025 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 and Housing Authority special meeting minutes of October 21, 2025, require review and approval. Financial Impact: None. Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting and the Housing Authority special meeting minutes of October 21, 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 21, 2025 CC/PFA regular and Housing Authority special meeting minutes City of Huntington Beach Printed on 10/29/2025Page 1 of 1 11 Minutes City Council/Public Financing Authority Regular Meeting and Special Meeting of the Housing Authority City of Huntington Beach Tuesday, October 21, 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 4:30 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 4:30 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:30 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) 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: Closed Session Item #1 (1 email communication) and Item #2 (1 email communication). PUBLIC COMMENTS (3-Minute Time Limit) — None A motion was made by Burns, with a second by Van Der Mark, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:30 PM CLOSED SESSION 1. 25-823 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. 2. 25-824 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. 12 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 2 of 9 3. 25-825 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): Two (2). 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING AND CALLED TO ORDER A SPECIAL MEETING OF THE HOUSING AUTHORITY — 6:00 PM ROLL CALL Present: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams Absent: None INVOCATION In permitting a nonsectarian invocation, the City does not intend to proselytize or advance any faith or belief. Neither the City nor the City Council endorse any particular religious belief or form of invocation. 4. 25-695 Huntington Beach Fire and Police Chaplain Roger Wing PLEDGE OF ALLEGIANCE — Led by U. S. Navy Commander Joseph T. Gilligan CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Michael Vigliotta announced the City Council unanimously (7–0) voted to appeal Alianza Translatinx, et al. v. City of Huntington Beach, et al.; OCSC Case No. 30-2025-01462835. City Attorney Vigliotta added that outside counsel is working on the Alianza case pro bono, i.e., at no cost to the City. Also, City Council unanimously (7–0) directed Counsel to initiate litigation in two (2) potential cases. Particulars will be disclosed upon request once and if action commences. CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) — Mayor Burns announced that October is Breast Cancer Awareness month, and noted the October 20, 2025, 25th Annual Great Balls of Fire Golf tournament was very successful. 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: City Manager's Report #7 (1 email communication); Consent Calendar Item #9 (2 email communications); and Council Member Items #12 (4 email communications). PUBLIC COMMENTS (2-Minute Time Limit due to the number of speakers) — 17 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. Love announced the Miss Huntington Beach Scholarship Program and Pageant on October 25, 2025, at Central Library Theater, presented by the Huntington Beach Sand Dollars. (00:11:14) Amory Hanson commented on Ordinances for Introduction, Item #11 (25-833) regarding Ordinance No. 4342 prohibiting the sale and distribution of nitrous oxide. (00:13:22) 13 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 3 of 9 Rosalind Price shared her appreciation for Council's recognition of the U. S. Navy's 250th Birthday, and commented on Ordinances for Introduction, Item #11 (25-833) regarding Ordinance No. 4342 prohibiting the sale and distribution of nitrous oxide. (00:13:52) Justine Makoff, Free Rein Foundation at Huntington Beach Equestrian Center in Central Park, announced the showing of Rescued Hearts documentary at Lido Theater on November 4, 2025, at 6 PM. Further details can be found at www.freereinfoundation.org. She also reminded everyone of the Hug and Groom events held on the first Sunday of every month. (00:15:43) Unnamed Speaker commented on national political issues. (00:16:52) Tim Geddes commented on the reduced time allowed for public speakers; California Proposition 50; and local and national political issues. (00:18:02) Charlie Jackson commented on national and local political issues. (00:19:42) Unnamed Speaker commented on Council Member Items #12 (25-830) regarding invitation to Orange County Registrar of Voters to present at a Huntington Beach City Council meeting. (00:21:11) Unnamed Speaker read a portion of an October 15, 2025, Voice of OC op ed written by an Ocean View School District Board of Trustees member. (00:22:56) Paula Schaefer read a portion of an October 15, 2025, Voice of OC op ed written by an Ocean View School District Board of Trustees member. (00:24:00) Unnamed Speaker read a portion of an October 15, 2025, Voice of OC op ed written by an Ocean View School District Board of Trustees member. (00:25:04) Unnamed Speaker read a portion of an October 15, 2025, Voice of OC op ed written by an Ocean View School District Board of Trustees member. (00:25:48) Unnamed Speaker read a portion of an October 15, 2025, Voice of OC op ed written by an Ocean View School District Board of Trustees member. (00:26:47) Unnamed Speaker read a portion of an October 15, 2025, Voice of OC op written by an Ocean View School District Board of Trustees member. (00:27:33) Unnamed Speaker commented on California Proposition 50 and on Council Member Items #12 (25-830) regarding invitation to Orange County Registrar of Voters to present at a Huntington Beach City Council meeting. (00:28:24) Russ Neal commented on the Huntington Beach Housing Element adverse Appeals Court ruling. (00:29:47) Ken Inouye expressed appreciation for the multiple Brewing Connections with City Attorney and City Treasurer meetings that are scheduled and noted his personal questions related to the City's financial health. (00:30:58) 14 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 4 of 9 COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilman Williams announced his appointment of Dave Chenmault to the Finance Commission. AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER’S REPORT 5. 25-835 Free Citizen’s Financial Literacy Classes City Manager Travis Hopkins introduced City Treasurer Jason Schmitt who expressed appreciation for the residents who attended a recent Brewing Connections meeting and announced upcoming dates for Free Financial Literacy Workshops, a series of consecutive monthly meetings starting in November and extending into 2026. He noted dates and details are on the City’s website. 6. 25-827 Public Works Projects Update City Manager Travis Hopkins introduced Director of Public Works Chau Vu who presented a PowerPoint communication titled CIP Project Summary Report - Zone 2 Overlay, with slides entitled: Project Summary, Project Benefits and Schedule, Financial Project Summary, Conclusion/Photos, CIP Project Summary - Report 17th Street Arterial Rehabilitation, Project Summary, Project Benefits and Schedule, Financial Project Summary, Conclusion/Photos, CIP Project Summary Report - Traffic Signal Improvements at Warner Ave. & Ash Ln. / Millstream Ln. and Main St & Delaware St., Project Summary, Project Benefits and Schedule, Financial Project Summary, Conclusion/Photos, and Questions? Councilmember Kennedy and Mayor Pro Tem McKeon explained this report is part of Councilmember efforts to be transparent with residents regarding how their taxes are being spent to maintain quality of life. Council Woman Van Der Mark and Councilmember Twining expressed their appreciation to Director of Public Works Chau Vu for this report, as well as the field trip to visit project sites. 7. 25-813 250th Birthday of the U.S. Navy Presentation U. S. Navy Commander Gilligan, Navy Talent Acquisition Group Southwest, introduced two U. S. Navy staff members: Master Chief John Lanza and Lt. George Agusta. The presentation to acknowledge the Navy's 250th Birthday included a short documentary video. Mayor Burns thanked the men for their service and acknowledged the service of Lou Conter on the USS Arizona battleship who survived the Pearl Harbor attack. Mayor Pro Tem McKeon, Councilmembers Kennedy, Twining and Williams, and Council Woman Van Der Mark expressed their appreciation for the U. S. Navy and shared their support for the Navy's recruitment efforts in Huntington Beach. CONSENT CALENDAR (Items 8 – 9) City Clerk 8. 25-816 Approved and Adopted Minutes 15 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 5 of 9 A motion was made by Burns, second McKeon to approve and adopt the City Council/Public Financing Authority regular meeting minutes of October 7, 2025. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None Public Works 9. 25-803 Accepted the lowest responsive and responsible bid and authorized execution of a construction contract with KASA Construction, Inc. in the amount of $453,066.00 for the Schroeder Park Improvements, CC-1656, and authorized a 15% contingency A motion was made by Burns, second McKeon to accept the lowest responsive and responsible bid submitted by KASA Construction, Inc. in the amount of $393,970.00; and, reject bids 1 – 8 and 11 – 13, which were either withdrawn or deemed non-responsive; and, authorize the Director of Public Works to approve change orders up to a 15% contingency; and authorize the Mayor and City Clerk to execute a construction contract with KASA Construction, Inc. in a form approved by the City Attorney. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None PUBLIC HEARING 10. 25-801 Continued to an October 28, 2025, Special Meeting for Tax and Equity Fiscal Responsibility Act (TEFRA), with Public Hearing Open, 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 SUPPLEMENTAL COMMUNICATIONS PERTAINING TO PUBLIC HEARING 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: Public Hearing Item #10 (1 email communication) Housing Manager Charles Kovac presented a PowerPoint communication titled TEFRA Public Hearing for Pelican Harbor Senior Housing Project with slides entitled: Background (3), Proposed TEFRA Hearing, Proposed Amendments, Recommendations, and Questions? Mayor Burns and Housing Manager Kovac further discussed details regarding the nearly $3M of Federal HOME Funds; Inclusionary Housing in-lieu fees; rental requirements; source of funds for building the project; ramifications if this item is not approved by Councilmembers; $5,000 per year payment to the City; and expected increased interest after 20 years. 16 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 6 of 9 Councilmember Kennedy, Housing Manager Kovac and a Jamboree Housing representative discussed details regarding the delay for this Tax and Equity Fiscal Responsibility Act (TEFRA) public hearing; anticipated annual rental increases; expected loan payback to the City beginning in Year 16; and typical debt structure for Affordable Housing projects. Councilmember Twining, Housing Manager Kovac and a Jamboree Housing representative discussed details regarding current housing occupancy; number of residents with Huntington Beach ties; the strong possibility some residents could become homeless without this housing project; and noted all funding is subordinate to Jamboree's lender and would most likely be wiped out if there was a foreclosure. Councilmember Gruel and a Jamboree Housing representative discussed details regarding the total number of Huntington Beach seniors who are unsheltered; the number of Jamboree Housing projects reserved for seniors in California; the City's full access to Jamboree project audited financials; Jamboree's yearly audits are required by the lender, investor, IRS, state, county and Huntington Beach; Jamboree, as the project developer, contracts with a third-party for day-to-day property management; and confirmed that Jamboree has never had a project fall into default. Councilmember Kennedy and a Jamboree Housing representative discussed details regarding how Jamboree Housing makes money on their projects. Councilmember Williams and a Jamboree Housing representative discussed details regarding the total amount of Huntington Beach foregone property taxes over the years for this project; consideration of increasing the current agreed-upon $5,000 annual payment back to Huntington Beach; and extending agreement from 60 to 99 years. Mayor Burns continued the discussion regarding the factors that determine annual rental increases for this project. Councilmember Gruel confirmed that the tax-exempt construction bonds expired in December of 2024. Jamboree Housing representative confirmed for Mayor Burns that if occupancy had occurred before that expiration date this public hearing would not have been required. Council Woman Van Der Mark and a Jamboree Housing representative discussed occupancy limits for this project. Mayor Pro Tem McKeon asked a Jamboree Housing representative to provide a bit of history on the parcel selected for this project. Councilmember Kennedy confirmed with Housing Manager Kovac that to this point only pro-forma financials have been available and audited financials will most likely be available early next year, after completion of the first year of operation. Mayor Burns opened the Public Hearing. City Clerk Lisa Lane Barnes announced there were no speakers. Mayor Burns closed the Public Hearing. 17 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 7 of 9 Council discussion commenced with Councilmember Kennedy stating he would like to have had an opportunity to discuss increasing the minimal $5,000 annual payment with Jamboree Housing Board Members and his interest in getting more benefit for Huntington Beach. Councilmember Williams suggested to continue this discussion to allow time for all Councilmembers to do a deeper dive into more favorable options. Councilmember Gruel stated he doesn't expect to find a hidden financial bonanza, and it is important to remember this is basically a no-margin project. Mayor Pro Tem McKeon asked Community Development Director Jennifer Villasenor to provide the history of this odd-shaped property before it was identified for this project, as well as the City's effort to identify affordable housing sites. Mayor Pro Tem McKeon noted the parcel's constraints and added the private sector has been unable to secure funding for a design that meets zoning requirements for parking and set-back. Mayor Pro Tem McKeon confirmed with Housing Manager Kovac that HOME and Inclusionary Housing funds can only be used for affordable housing. Speaking as a real estate developer, he expressed appreciation for the three concessions that staff were able to secure from the project developer and stated his support for this item. Councilmember Kennedy stated that pushing Councilmembers up against the wall to make a decision for a situation which they had no control over is not a good way to do business. He added that he believes the developer can dig deeper into their balance sheet and find a way to increase the $5,000 annual payment to the City. Council Woman Van Der Mark confirmed this is a plot of land that no private sector developer could develop; this plot is currently benefitting 43 or 44 senior citizens; there have not been any calls for public safety or police response; there have not been any issues with the neighbors; and the good-faith negotiations that resulted in the developer making three concessions are her reasons for supporting the recommended action. Mayor Burns confirmed with Director Villasenor that for the most part this taxpayer-funded project was approved without any zoning changes because of the minimal parking needed for the anticipated tenant profile. Mayor Burns stated his concern regarding the extended period of foregone property taxes and noted Jamboree Housing expects annual rent increases but claims they do not have funding to increase the $5,000 annual payment to Huntington Beach. He added he would like an opportunity for the Finance Commission to evaluate the situation and asked if there would be ramifications if this discussion was continued for a month. A Jamboree Housing representative stated their TEFRA deadline is the end of October in order to not jeopardize their tax-exempt funding. Mayor Burns and City Manager Hopkins reviewed the timeline for the process to reach this point, and City Manager Hopkins confirmed that there was previous communication on this issue with all Councilmembers. Councilmember Kennedy confirmed with City Manager Travis Hopkins that this issue was previously discussed by the Economic Development Commission (EDC), staff and Councilmembers who had specific interest, and the item could not be agendized until this meeting because of the on-going discussions and processes required to reach this point. Jamboree Housing representatives confirmed that during recent negotiations it took them a bit of time to confer with their lawyers, board, and lender for their approval on the proposed concessions. They also noted the unexpected construction delays at the beginning of the project due to COVID-19 resulted in the fact there was not time to follow their normal 18 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 8 of 9 practice of placing occupants in the project before the construction bond deadline. They added that if they do not meet the October 31st TEFRA extended deadline, they will lose the tax-exempt status on the bonds, and their lender will most likely not honor the commitment to fund. Jamboree would have to come up with additional funding to convert from construction to permanent funding. Director Villasenor explained in more detail the steps required for concession negotiations to reach this point. Jamboree Housing representatives stated they have exhausted all available TEFRA extensions to get the construction loan converted to permanent financing. Councilmember Williams noted he only became aware of this item when it appeared on the agenda for this meeting and stated his need for more information before making a decision that will impact Huntington Beach taxpayers for such an extended time. Mayor Burns re-opened the Public Hearing and continued it to a date certain: Tuesday, October 28, 2025. A motion was made by Williams, second Kennedy to continue the TEFRA public hearing pursuant to federal law, to an October 28, 2025, Special City Council/Housing Authority meeting, to allow additional time for staff, the developer, and Councilmembers to explore potential restructuring of agreement terms to better protect Huntington Beach taxpayers and better align with current priorities. The motion carried by the following roll call vote: AYES: Kennedy, Burns, Gruel, and Williams NOES: Twining, McKeon, and Van Der Mark ORDINANCES FOR INTRODUCTION 11. 25-833 Approved for Introduction Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide Captain Kevin Johnson presented a PowerPoint communication titled Ordinance No. 4342 Prohibit the Sale or Distribution of Nitrous Oxide, with slides entitled: Prohibit the Sale and Distribution of Nitrous Oxide (2), Recommended Action, and Questions? Captain Johnson confirmed for Mayor Burns that letters will be sent to all distributors in Huntington Beach informing them of the new ordinance and then undercover operations will take place to determine if anyone is still selling it. The first offense would be a misdemeanor. A motion was made by McKeon, second Van Der Mark to, after the City Clerk reads by title, 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 Huntington Beach Municipal Code to Establish Regulations Prohibiting the Unlawful Sale or Distribution of Nitrous Oxide in the City." The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None 19 City Council/PFA Regular Meeting and Housing Authority Special Meeting Minutes October 21, 2025; Page 9 of 9 COUNCIL MEMBER ITEMS 12. 25-830 Approved Councilmember Item Submitted by Councilman Twining and Mayor Burns — Invitation to Orange County Registrar of Voters to Present at a Huntington Beach City Council Meeting Councilmember Twining introduced this item by explaining this is an opportunity to present another perspective after the recent Unite 4 Freedom presentation. He expressed appreciation for the Protect HB invitation to join them in a tour of the Orange County Registrar of Voters office and stated he will make his own arrangements for a tour. A motion was made by Twining, second Burns to Invite the Orange County Registrar of Voters to present at a City Council meeting. The motion carried by the following roll call vote: AYES: Twining, Kennedy, McKeon, Burns, Van Der Mark, Gruel, and Williams NOES: None CITY COUNCIL MEMBER REQUESTS — Councilmembers requested a 4:00 PM time for the October 28, 2025, Special City Council/Housing Authority meeting. ADJOURNMENT — At 8:38 PM a motion was made by Burns, with a second by Gruel, to adjourn to the October 28, 2025, 4:00 PM Special City Council/Housing Authority meeting in Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. 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 _______________________________________ 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 20 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-818 MEETING DATE:11/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Marisa Rodriguez, Community & Library Services Manager Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach and the Art League of Huntington Beach for use of space at the Huntington Beach Central Library Statement of Issue: There is a need to approve a new Memorandum of Understanding (MOU) between the City of Huntington Beach and the Art League of Huntington Beach since the prior license agreement has expired. Financial Impact: There is no impact to the City’s General Fund associated with approval of the proposed MOU. Recommended Action: Approve and authorize the Mayor and City Clerk to execute the “Memorandum of Understanding between the City of Huntington Beach and the Art League of Huntington Beach for Use of Space at the Huntington Beach Central Library.” Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: The Huntington Beach Public Library and Cultural Center (Library) and the Huntington Beach Art League (Art League) have a long and successful history of partnership in support of community arts. Founded in 1962, the Art League is a nonprofit 501(c)(3) organization whose mission is to support and promote the arts and artists through art education and community exhibition, and to stimulate creative activity, interest, and enjoyment of art. This mission aligns closely with the Library’s commitment to welcome, empower, and enrich the community through cultural, educational, and artistic experiences that inspire transformation and growth. City of Huntington Beach Printed on 10/29/2025Page 1 of 2 21 File #:25-818 MEETING DATE:11/4/2025 Environmental Status: Administrative Items: 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. Memorandum of Understanding between the City of Huntington Beach and the Art League of Huntington Beach for use of space at the Huntington Beach Central Library. City of Huntington Beach Printed on 10/29/2025Page 2 of 2 22 23 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE ART LEAGUE OF HUNTINGTON BEACH FOR USE OF SPACE Af THE HUNTINGTON BEACH CENTRAL LIBRARY THIS MEMORANDUM OF UNDERSTANDING ("MOU") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City"), and TI-IE ART LEAGUE OF HUNTINGTON BEACH, a nonprofit corporation ("Art League"), collectively (the "Parties"). WHEREAS, CITY seeks to collaborate with ART LEAGUE to provide Art Exhibits in a gallery area (the "Gallery") at Huntington Beach Central Library to enhance the Library's collection, resources, and programming and to provide cultural opportunities to library patrons; and ART LEAGUE will have access to use of Library space, identified herein, to display Art Exhibits in support of this collaborative effort, NOW, THEREFORE, the parties hereto do hereby agree as follows: I. TERM. The Term of this MOU shall be three years commencing at 12:01 a.m. on ____ . 2025, and ending at 11 :59 p.m. on ____ , 2028, unless extended or sooner terminated as provided for herein. Either party may terminate this Agreement at any time for any reason, upon thirty (30) days prior written notice. 2. GENERAL DUTIES AND RESPONSIBLITIES OF TI-IE PARTIES. City will provide free of charge, a portion of the south side of the 4th floor stacks in the City's Central Library for the display of Art Exhibits. This area may be described as 'Upstairs Art Gallery' and the 'West End Art Gallery.' The City retains the sole right to determine the location of the Gallery. The CITY will provide advance written notice if the Art Display needs to be moved. The City Manager or designee has final approval and reserves the right to remove items from the Gallery that are deemed inappropriate for the wider audience from public viewing where children are present, i.e., no graphic displays of violence, language or nudity. The City may use exhibit space up to four (4) times per year for non-Art League art displays. Art League may host/sponsor an opening reception as desired for each exhibit; all costs associated with a reception (including invitations, food and beverages) will be borne by Art League. 1 25-16917/391668 24 Art League shall follow all City directions regarding fire and building safety and accessibility in placement of Art Exhibits. Art League shall maintain and post regular office hours for Art League members to be available for public inquiries. Art League's use of Library for after-hours exhibit events and additional rental spaces are subject to special event permit, facility availability and fees as approved by City Council. Members of the general public and members of the Art League shall be allowed access to the Gallery without appointment or advance registration or fees during regular business hours of the Library. Art League shall intake art from members of the public for monthly displays a minimum eight (8) months of the year. Art League shall meet with City annually each September to confirm the schedule for March through February of the following year. Art League shall facilitate the sale of Art Exhibits on display. Inquiries about Art Exhibits will be referred directly to the exhibiting artist or group who may then contact the potential buyer. Artist(s) can leave brochures with prices and/or business cards at the Art League desk for distribution to interested patrons. Art League shall oversee all Art Exhibit installations. Third party art exhibitors must comply with City insurance and business license requirements. Art League shall ensure all Art Exhibits conform to the installation specifications of the Library's designated Art Exhibit spaces. Space for free standing cases or other structures as part of an exhibition is limited and must comply with Fire Department and building code regulations. Art League will be responsible for any damages or theft and Art League displays/ Art Exhibits. 3. NOTICES. Any notice to be given hereunder shall be sent by registered mail, and shall be deemed to be given when so mailed to the party to be notified at the address herein below stated: TO City: City of 1-luntington Beach Library & Community Services Manager 7111 Talbert Avenue Huntington Beach, CA 92648 TO Art League: Huntington Beach Art League c/o Huntington Beach Central Library 7111 Talbert Avenue Huntington Beach, CA 92648 City or Art League may change the name of the party to be notified by written notice to the other party. 2 25-16917/391668 25 4. BUSINESS PLAN. Art League shall submit an annual business plan on the anniversary of the effective date of this Agreement as well as copies of State and/or Federal Income Tax returns, attendance records of its monthly meetings and proof of current not-for-profit status. 5. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS. Art League 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 and defense costs (including, without limitation, costs and fees of litigation (including arbitration) of every nature or liability of any kind or nature) arising out of or in connection with this MOU including but not limited to: (1) the use or occupancy of the Premises by Art League, its officers, employees or agents, or (2) the death or injury of any person or the damage to property caused by a condition of the Gallery, or (3) the death or injury of any person or the damage to property caused by any act or omission of Art League, its officers, employees or agents, or (4) any failure by Art League to keep the Gallery in a safe condition, or (5) Art League's (or Art League's agents and/or sub agents, if any) performance of this MOU or its failure to comply with any of its obligations contained in this MOU by Art League, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Art League shall hold all Art Exhibits or Displays on the Gallery at the sole risk of Art League and save City harmless from any loss or damage thereto by any cause whatsoever, except such loss or damage which was caused by the sole negligence or willful misconduct of City. Art League will conduct all defenses at its sole cost and expense and City shall approve selection of Art League'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 limitation upon the amount of indemnification to be provided by Art League. 6. WORK.ERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE. Art League acknowledges awareness of Section 3 700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Art League covenants that it shall comply with such provisions prior to the commencement of this MOU. Art League shall obtain and furnish to City workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Art League shall require all sub agents and contractors to provide such workers' compensation and employers' liability insurance for all of the sub agents' and contractors' employees. Art League shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Art League shall similarly require all sub agents and contractors to waive subrogation. 3 25-16917/391668 26 7. GENERAL PUBLIC LIABILITY INSURANCE. In addition to the workers' compensation and employers' liability insurance and Art League's covenant to defend, hold harmless and indemnify City, Art League shall obtain and furnish to City, a policy of general public liability insurance, including motor vehicle coverage against any and all claims arising out of or in connection with this MOU. This policy shall indemnify Art League, its officers, employees and agents, while acting within the scope of their duties, against any and all claims arising out of or in connection with the MOU, 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 ($1,000,000.00) 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 ($1,000,000.00). This policy shall name City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the MOU shall be deemed excess coverage and that Art League's insurance shall be primary. Under no circumstances shall said above-mentioned insurance contain a self-insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 8. CERTIFICATES OF INSURANCE, ADDITIONAL INSURED ENDORSEMENTS. Prior to commencement of this MOU, Art League shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this MOU; these certificates shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise to provide that such policies shall not be canceled or modified without thirty (30) days' prior written notice of City; however ten (10) days' prior written notice in the event of cancellation for nonpayment of premium, which 10-day notice provision shall not apply to any property insurance referenced herein. Art League shall maintain the foregoing insurance coverage in force during the entire term of the MOU or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverage shall not derogate from Art League's defense, hold harmless and indemnification obligations as set forth in this MOU. City or its representatives shall at all times have the right to demand the original or a copy of any or all the policies of insurance. Art League shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. Art League shall provide a separate copy of the additional insured endorsement to the Art League's insurance policies, naming the City, its officers, elected and appointed officials, 4 25-16917/391668 27 employees, agent and volunteers as Certificate Holder and Additional Insured by separate attached endorsement, to be approved prior to any payment hereunder. 9. CITY'S OPTION TO CLOSE THE PREMISES. City may close the Premises without liability and without advance notice to Art League therefore at any time as City in its sole discretion deems necessary for the protection of life, limb or property, or for public health, safety or welfare purposes, or upon reasonable notice to effect any repair, remodeling or rebuilding deemed necessary by City in its sole discretion. 10. MODIFICArION. No waiver or modification of any language in this MOU shall be valid unless in writing and duly executed by both parties. 11. ATTORNEYS' FEES. In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this MOU or to secure the performance hereof, each party shall bear its own attorneys' fees, such that the prevailing party shall not be entitled to recover its attorneys' fees from the non-prevailing party. 12. GOVERNING LAW. This MOU shall be governed and construed in accordance with the laws of the State of California. REST or PAGE NOT USED 5 25-16917/391668 28 13. ENTIRETY. The parties acknowledge and agree that they are entering into this MOU freely and voluntarily following extensive arm's length negoti ations, and that each has had the opportunity to consult with legal counsel prior to executing this MOU. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that party's behalf, which are not embodied in this MOU, and that that party has not executed this MOU in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this MOU. The MOU, and the attached exhibits (if any), contain the entire agreement between the parties respecting the subject matter of this MOU, the Premises, the use of the Gallery space by Art League, or the term of this MOU and supersede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authorized officers on ____________ , 2025. ART LEAGUE OF HUNTINGTON BEACH A nonprofit corporation B~~ Its: (CIRCLE ONE) Chairman~Vicc President AND By: _________ _ Its: (CIRCLE ONE) Chairman/l'rcsidcnt/Vicc President INITIATED AND APPROVED: Director of Community & Library Services 25 -16917/391668 6 CITY OF HUNTINGTON BEACH A California municipal corporation Mayor City Clerk APPROVED AS TO FORM: C ity Attorney REVIEWED AND APPROVED : City Manager 29 13. ENTIRETY. The parties acknowledge and agree that they are entering into this MOU freely and voluntarily following extensive arm's length negotiations, and that each has had the opportunity to consult with legal counsel prior to executing this MOU. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party, or anyone acting on that party's behalf, which are not embodied in this MOU, and that that party has not executed this MOU in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this MOU. The MOU , and the attached exhibits (if any), contain the entire agreement between the parties respecting the subject matter of this MOU , the Premises, the use of the Gallery space by Art League, or the term of this MOU and supersede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed by and through their authori z ed officers on ____________ , 2025. ART LEAGUE OF HUNTINGTON BEACH A nonprofit corporation By: _________ _ Its: (CIRCLE ONE) Chainnan/President/Vice President AND By: _________ _ Its: (CIRCLE ONE) Chairman/President/Vice President 25-16917/391668 6 CITY OF HUNTINGTON BEACH A California municipal corporation Mayor City Clerk APPROVED AS TO FORM: City At~y p--e__. REVIEWED AND APPROVED: City Manager City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-849 MEETING DATE:11/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Ashley Wysocki, Director of Community & Library Services PREPARED BY:Kristin Martinez, Community & Library Services Manager Subject: Approve and authorize execution of Cooperative Agreement No. C-5-4010 for the Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant Program between the Orange County Transportation Authority (OCTA) and City of Huntington Beach Statement of Issue: The Community & Library Services Department is requesting approval of Cooperative Agreement No. C-5-4010 for the Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant Program between the Orange County Transportation Authority (OCTA) and City of Huntington Beach. This grant will allow the City to purchase TripSpark Notification Software for the Surf City Seniors on the Go! senior transportation program. Financial Impact: The total OCTA grant award amount is not to exceed $46,517. A 10% match is required in the amount of $5,168, for a total project cost of $51,685.00. The required matching funds will be provided by the Huntington Beach Council on Aging (COA). No General Fund dollars for the software purchase are required. Recommended Action: A) Approve and authorize the City Manager to execute “Cooperative Agreement No. C-5-4010 between the Orange County Transportation Authority and City of Huntington Beach” for a term of March 3, 2025 to March 1, 2027; and, B) Accept the grant award and approve the expenditure of funds as referenced in Cooperative Agreement No C-5-4010; and, C) Authorize the appropriation of $51,685 to Grant Account 130445001.63230 to be reimbursed through Cooperative Agreement No. C-5-4010. Alternative Action(s): City of Huntington Beach Printed on 10/29/2025Page 1 of 2 30 File #:25-849 MEETING DATE:11/4/2025 Analysis: The Orange County Enhanced Mobility for Seniors and Disabled (EMSD) Grant Program is administered through the Orange County Transportation Authority (OCTA). The EMSD program is intended to support the transportation needs of seniors and individuals with disabilities when transportation services provided are unavailable, insufficient, or inappropriate to meet those needs. Funding from the grant would be used to support the City’s “Surf City Seniors on the Go!” Senior Transportation program. “Surf City Seniors on the Go!” is a grant and donation-based program that provides curb-to-curb transportation for Huntington Beach seniors aged 60 years and over from their homes to medical appointment, shopping centers, social services, and the Senior Center in Central Park. The EMSD grant funds will be used to purchase the TripSpark Notification Software to add to the Existing Pass Software System. There is a need for the City to obtain newer and more modern transportation software in order to continue to effectively offer this heavily utilized program. The TripSpark Notification Software is a demand response application that gives passengers up-to-the- minute notifications to enhance their transportation experience. This enhanced notification tool enables improved communication with riders by providing updates and reminders via interactive voice response (IVR), SMS text, or email in real time. Under Cooperative Agreement No. C-5-4010, OCTA agrees to award EMSD grant funds in an amount not to exceed $46,517 to fund the purchase of the TripSpark Notification software. Based on OCTA grant guidelines, a maximum of $46,517 (90%) may be used to purchase the software and the remaining 10% match requirement of $5,168.00 will be provided by the Huntington Beach Council on Aging for a total project cost of $51,685.00. 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. Cooperative Agreement No. C-5-4010 Between the Orange County Transportation Authority and City of Huntington Beach. City of Huntington Beach Printed on 10/29/2025Page 2 of 2 31 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 BETWEEN ORANGE COUNTY TRANSPORTATION AUTHORITY AND CITY OF HUNTINGTON BEACH THIS COOPERATIVE AGREEMENT, is made and entered into the 3rd day of March, 2025, by and between the Orange County Transportation Authority, 550 South Main Street, P.O. Box 14184, Orange, California 92863-1584, a public corporation of the State of California (herein referred to as "AUTHORITY"), and the City of Huntington Beach, 18041 Goldenwest Street, Huntington Beach, California 92648 (hereinafter referred to as "AGENCY"), each individually known as ("PARTY") and collectively known as ("PARTIES"). RECITALS: WHEREAS, the 2024 Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program offers grant opportunities to non-profit organizations and local public agencies to help meet the special transportation needs of seniors and individuals with disabilities; and WHEREAS, the EMSD Grant Program supports Federal Transit Administration's Section 5310 (FTA 5310) Program eligible projects by providing local funds, in lieu of federal funds, to eliminate the need for grant recipients to adhere to complex federal requirements and reduce the risk of non compliance for both the AUTHORITY and its grantees; and WHEREAS, AGENCY is an eligible recipient of EMSD Grant Program funds and was awarded funds in the EMSD Grant Program for capital and/or operating assistance for Rider Notifications in order to enhance the transportation options currently available to seniors and individuals with disabilities; and WHEREAS, on November 25, 2024, AUTHORITY's Board of Directors ("Board") approved funding of up to Forty-Six Thousand, Five Hundred Seventeen Dollars ($46,517) for purchase of Equipment in accordance with Exhibit A, entitled "Scope of Work", which is attached herein and incorporated by reference; and Last Rev: 09/05/2024 Page 1 of 12 33 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 WHEREAS, on November 25, 2024, AUTHORITY's Board authorized entering into this Cooperative Agreement; and WHEREAS, AUTHORITY and AGENCY shall comply with the EMSD Grant Program Guidelines and any subsequent EMSD Grant Program Guidelines amendments; and WHEREAS, AGENCY provides transportation options for seniors and/or persons with disabilities through the EMSD program by providing transportation services beyond what is required by the American with Disabilities Act (ADA), which includes purchasing equipment ("PROJECT"); and WHEREAS, this Cooperative Agreement defines the roles and responsibilities of AUTHORITY and AGENCY in delivering a transportation program for seniors and individuals with disabilities; and NOW, THEREFORE, it is mutually understood and agreed by AUTHORITY and AGENCY as follows: ARTICLE 1. COMPLETE AGREEMENT A. This Cooperative Agreement, including any attachments incorporated herein and made applicable by reference, constitutes the complete and exclusive statement of the term(s) and condition(s) of this Cooperative Agreement between AUTHORITY and AGENCY and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any term or condition of this Cooperative Agreement shall not affect the validity of other term(s) and condition(s) of this Cooperative Agreement. The above referenced Recitals are true and correct and are incorporated by reference herein. B. AUTHORITY's failure to insist on any instance(s) of AGENCY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AUTHORITY's right to such performance or to future performance of such term(s) or condition(s), and AGENCY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon AUTHORITY except when specifically confirmed in writing by an authorized representative of AUTHORITY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. Last Rev: 09/05/2024 Page 2 of 12 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 C. AGENCY's failure to insist on any instance(s) of AUTHORITY's performance of any term(s) or condition(s) of this Cooperative Agreement shall not be construed as a waiver or relinquishment of AGENCY's right to such performance or to future performance of such term(s) or condition(s), and AUTHORITY's obligation in respect thereto shall continue in full force and effect. Changes to any portion of this Cooperative Agreement shall not be binding upon AGENCY except when specifically confirmed in writing by an authorized representative of AGENCY by way of a written amendment to this Cooperative Agreement and issued in accordance with the provisions of this Cooperative Agreement. ARTICLE 2. SCOPE OF AGREEMENT This Cooperative Agreement specifies the roles and responsibilities of PARTIES as they pertain to the subjects and projects addressed herein. PARTIES shall cooperate and coordinate with the other in all activities covered by this Cooperative Agreement and any other supplemental agreements that may be required to facilitate purposes thereof. ARTICLE 3. RESPONSIBILITIES OF AUTHORITY A. AUTHORITY shall provide ninety percent (90%) of eligible project costs in an amount not-to exceed Forty-Six Thousand, Five Hundred Seventeen Dollars ($46,517) ("Funding Amount"), or any subsequent amendments to funding approved by AUTHORITY's Board, for Rider Notifications Equipment and in accordance with Exhibit A. B. AUTHORITY shall process payment to AGENCY within sixty (60) calendar days of receipt of an acceptable invoice and complete reimbursement package from AGENCY, which includes verification of payment to vendor or operational expense and confirmation of a minimum ten percent (10%) match estimated to be Five Thousand, One Hundred Sixty-Eight Dollars ($5,168) for Rider Notifications Equipment. C. AUTHORITY staff may review project amendment requests including scope change requests, and funding change requests consistent with the EMSD Grant Program Guidelines at its discretion. ARTICLE 4. RESPONSIBILITIES OF AGENCY A. AGENCY agrees that all funds received from AUTHORITY as specified in Article 3A above Last Rev: 09/05/2024 Page 3 of 12 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 shall be used exclusively for providing PROJECT. B. AGENCY shall provide a ten percent (10%) match of allowable Rider Notifications Equipment costs and will support unallowable costs at one hundred percent (100%). Local match may be made up of cash-subsidies, fare revenues, or local contributions. Soft match or in-kind services are not eligible sources of match. C. AGENCY shall adhere the Timely-Use of Funds section and provisions in accordance with Exhibit B, entitled "2024 Enhanced Mobility for Seniors and Disabled Grant Program Guidelines, Call for Projects," which is attached herein and incorporated by reference. D. AGENCY shall show that they will start service based on the schedule provided and by June 30 of the requested programmed fiscal year (FY) for PROJECT and adhere to Exhibit A. E. AGENCY agrees that any cost overruns shall be the responsibility of AGENCY. F. AGENCY, if applicable, may contract with a third-party service provider to provide transportation services provided that: 1. Contractor is selected using a competitive procurement process; and 2. Wheelchair accessible vehicles are available, used when requested, and response times for wheelchair accessible service is comparable to ambulatory service. G. AGENCY shall comply with all provisions of the EMSD Grant Program Guidelines included as Exhibit B. H. AGENCY, as defined in Exhibit A, shall expend all funds within the period of performance specified on Exhibit A to be eligible for reimbursement for PORJECT or by a subsequently extended deadline approved by AUTHORITY's Board. I. AGENCY may request a one (1)-time extension not exceeding a total of twelve (12) months per project grant. J. AGENCY may request scope changes which are considered on a case-by-case basis and are not guaranteed. If a scope change is requested, AGENCY shall provide an explanation and justification for the scope change and any other information requested by AUTHORITY. Scope change Last Rev: 09/05/2024 Page 4 of 12 36 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 and extension requests must be submitted with reasonable notice to allow for adequate review prior to the expiration of this Cooperative Agreement. K. AGENCY shall receive notification or a response from AUTHORITY before implementing the change. Major scope changes may require approval by AUTHORITY's Board. L. AGENCY is required to adhere to the provisions outlined in the Extension Requests, Scope Changes and Cost Savings section of Exhibit Bat all times. In the event of a reduction in the scope of PROJECT or cost savings, AGENCY shall ensure compliance with these provisions as part of its adjustments. M. AGENCY shall provide AUTHORITY with quarterly reports of AGENCY's PROJECT. AGENCY shall submit quarterly summary reports thirty (30) days after the end of each quarter, as follows: 1. Quarter 1 (January-March) on April 30 2. Quarter 2 (April-June) on July 30 3. Quarter 3 (July-September) on October 30 4. Quarter 4 (October-December) on January 30 N. AGENCY shall provide AUTHORITY with annual reports of AGENCY's compliance with State and Federal requirements. AGENCY shall submit annual reports thirty (30) days after the end of each year as follows: 1. Close of each year (January-December) on January 30. 0. Once PROJECT is complete, AGENCY shall submit a final report package no later than ninety (90) days after final payment from AUTHORITY. The final report package will consist of a final report and a closeout form. The final quarterly report, due thirty (30) days after the end of each quarter, the final annual report, due thirty (30) days after the end of each year, and the final monthly invoice shall also all be submitted to ensure proper closeout. P. AGENCY shall submit an invoice(s) to AUTHORITY within ninety (90) days of the start of their period of performance as defined in Exhibit A, less required match and is required to adhere to the Invoices and Reimbursements section and provisions in accordance with Exhibit B for PROJECT. Last Rev: 09/05/2024 Page 5 of 12 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO . C-5 -4010 Invoices shall be subm itted in duplicate to AUTHORITY 's Accounts Payable Department at vendorinvoices@octa .net. Each invoice shall include the following information : 1. Cooperative Agreement No. C-5-401 O; 2. Specify which payment is being requested ; 3. Any other information as agreed or requested by AUTHORITY to substantiate the validity of an invoice. Q . AGENCY agrees capital purchases (vehicle and equipment) must be used for their entire useful life and/or through termination of the service and maintained accordingly. If termination occurs prior to the completion of the capital item 's useful life and/or grant term , AGENCY shall repay AUTHORITY the same percentage of the sale price [or estimated value of the asset(s)] based on straight line depreciation of the asset(s) consistent with the EMSD percentage of initial purchase . Useful life shall be based on AUTHORITY's policy for service life, where applicable, as specified in Exhibit A. R. AGENCY shall maintain appropriate insurance coverage during the entire term of this Cooperative Agreement. Coverage shall be full coverage and not subject to self-insurance provisions. AGENCY shall provide the following insurance coverage : 1. Commercial General Liability , to include Products/Completed Operations , Independent Contractors', Contractual Liability , and Personal Injury Liability , and Property Damage with a minimum limit of One Million Dollars ($1 ,000,000) per occurrence and Two Million Dollars ($2,000 ,000) general aggregate ; 2 . Automobile Liability Insurance to include owned , hired and non-owned autos with a combined single limit of One Million Dollars ($1 ,000,000) each accident ; 3 . Workers ' Compensat ion with limits as required by the State of California including a waiver of subrogation in favor of AUTHORITY, its officers , directors, employees or agents ; and 4. Employers ' Liability with m inimum limits of One Million Dollars ($1,000,000). S . Proof of such coverage, in the form of a certificate of insurance and an insurance policy Last Rev : 09/05/2024 Page 6 of 12 38 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 blanket additional insured endorsement, with AUTHORITY, its officers, directors, employees, and agents designated as additional insureds as required by contract. Both documents must be received by AUTHORITY prior to commencement of any work. Proof of insurance coverage must be received within ten (10) calendar days from the effective date of this Agreement and prior to commencement of any work. The insurance shall be primary and non-contributive to any insurance or self-insurance maintained or mandated by AUTHORITY. Furthermore, AUTHORITY reserves the right to request certified copies or review all related insurance policies in response to a related loss. T. AGENCY shall include on the face of the Certificate of Insurance the Cooperative Agreement No. C-5-401 O; and, the Associate Contract Administrator's Name, Rhea Aninzo. U. AGENCY shall be required to immediately notify AUTHORITY of any modifications or cancellation of any required insurance policies. V. AGENCY shall also include in each subcontract the stipulation that AGENCY's third-party provider shall maintain insurance coverage in the amounts required from AGENCY as provided in this Cooperative Agreement. W. AGENCY agrees that all subcontractors performing safety-sensitive tasks are subject to the same regulations and before entering into this Cooperative Agreement. AGENCY and its subcontractors shall comply with an applicable substance abuse program following the applicable regulations of the Drug Free Workplace Act of 1988 and the California Drug-Free Workplace Act of 1990. X. AGENCY shall revise and amend any plan(s) adopted by AGENCY accordingly as the applicable rules and regulations are periodically revised and amended. Y. AGENCY shall ensure that all drivers complete an initial driver training program. This program may be sourced from an established training provider or another agency with a compliant program. The training program must include specific course content or subject matter, and the number of hours of training to be provided. Training shall include, but is not limited to: 1. Disability awareness; 2. Passenger assistance; and Last Rev: 09/05/2024 Page 7 of 12 39 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 3. Mobility device familiarization and securement practices. Z. AGENCY shall work with the vendor and ensure the submittal to AUTHORITY of the required W-9 form and tax related documents required to establish a vendor account. ARTICLE 5. DELEGATED AUTHORITY The actions required to be taken by AGENCY in the implementation of this Cooperative Agreement are delegated to its AGENCY, or designee, and the actions required to be taken by AUTHORITY in the implementation of this Agreement are delegated to AUTHORITY's Chief Executive Officer or designee. ARTICLE 6. MAXIMUM OBLIGATION Notwithstanding any provisions of this Cooperative Agreement to the contrary, AUTHORITY and AGENCY mutually agree that AUTHORITY's maximum cumulative payment obligation hereunder shall Forty-Six Thousand, Five Hundred Seventeen Dollars ($46,517), unless agreed to by both PARTIES and amended by way of written amendment. ARTICLE 7. AUDIT AND INSPECTION AUTHORITY and AGENCY shall maintain a complete set of records in accordance with generally accepted accounting principles. Upon reasonable notice, AGENCY shall permit the authorized representatives of AUTHORITY to inspect and audit all work, materials, payroll, books, accounts, and other data and records of AGENCY for a period of four (4) years after final payment, or until any on-going audit is completed. For purposes of audit, the date of completion of this Agreement shall be the date of AGENCY's payment of AUTHORITY's final billing (so noted on the invoice) under this Agreement. AUTHORITY shall have the right to reproduce any such books, records, and accounts. The above provision with respect to audits shall extend to and/or be included in contracts with AGENCY's contractor. ARTICLE 8. INDEMNIFICATION A. To the fullest extent permitted by law, AGENCY shall defend (at AGENCY's sole cost and expense with legal counsel reasonably acceptable to AUTHORITY), indemnify, protect, and hold harmless AUTHORITY, its officers, directors, employees, and agents (collectively the "Indemnified Last Rev: 09/05/2024 Page 8 of 12 40 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AGENCY's employees included), for damage to property, including property owned by AUTHORITY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of AGENCY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. B. To the fullest extent permitted by law, AUTHORITY shall defend (at AUTHORITY's sole cost and expense with legal counsel reasonably acceptable to AGENCY), indemnify, protect, and hold harmless AGENCY, its officers, directors, employees, and agents (collectively the "Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively "Claims"), including but not limited to Claims arising from injuries to or death of persons (AUTHORITY's employees included), for damage to property, including property owned by AGENCY, or from any violation of any federal, state, or local law or ordinance, by the negligent acts, omissions or willful misconduct of AUTHORITY, its officers, directors, employees or agents in connection with or arising out of the performance of this Cooperative Agreement. C. The indemnification and defense obligations of this Cooperative Agreement shall survive its expiration or termination. ARTICLE 9. ADDITIONAL PROVISIONS A. Term of Agreement: This Agreement shall commence on March 3, 2025, and shall be in full force and effect through final acceptance of PROJECT or March 1, 2027, whichever is later. B. Termination: In the event either PARTY defaults in the performance of their obligations under this Agreement or breaches any of the provisions of this Agreement, the non-defaulting PARTY shall have the option to terminate this Agreement upon thirty (30) days' prior written notice to the other PARTY. C. Termination for Convenience: Either PARTY may terminate this Cooperative Agreement for Last Rev: 09/05/2024 Page 9 of 12 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C-5-4010 its convenience by providing thirty (30) days' prior written notice of its intent to terminate for convenience to the other PARTY. D. AUTHORITY and AGENCY shall comply with all applicable federal, state, and local laws, statues, ordinances and regulations of any governmental authority having jurisdiction over PROJECT. E. Legal Authority: AUTHORITY and AGENCY hereto consent that they are authorized to execute this Cooperative Agreement on behalf of said PARTIES and that, by so executing this Cooperative Agreement, PARTIES hereto are formally bound to the provisions of this Cooperative Agreement. F. Severability: If any term, provision, covenant or condition of this Cooperative Agreement is held to be invalid, void or otherwise unenforceable, to any extent, by any court of competent jurisdiction, the remainder of this Cooperative Agreement shall not be affected thereby, and each term, provision, covenant or condition of this Cooperative Agreement shall be valid and enforceable to the fullest extent permitted by law. G. Counterparts of Agreement: This Cooperative Agreement may be executed and delivered in any number of counterparts, each of which, when executed and delivered shall be deemed an original and all of which together shall constitute the same agreement. Facsimile signatures will be permitted. H. Force Majeure: Either PARTY shall be excused from performing its obligations under this Agreement during the time and to the extent that it is prevented from performing by an unforeseeable cause beyond its control, including but not limited to; any incidence of fire, flood; acts of God; commandeering of material, products, plants or facilities by the federal, state or local government; national fuel shortage; or a material act or omission by the other PARTY; when satisfactory evidence of such cause is presented to the other PARTY, and provided further that such nonperformance is unforeseeable, beyond the control and is not due to the fault or negligence of the PARTY not performing. I. Assignment: Neither this Agreement, nor any of the PARTIES' rights, obligations, duties, or authority hereunder may be assigned in whole or in part by either PARTY without the prior written consent of the other PARTY in its sole and absolute discretion. Any such attempt of assignment shall be deemed Last Rev: 09/05/2024 Page 10 of 12 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 COOPERATIVE AGREEMENT NO. C -5-4010 void and of no force and effect. Consent to one (1) assignment shall not be deemed consent to any subsequent assignment, nor the waiver of any right to consent to such subsequent assignment. J. Governing Law: The laws of the State of California and applicable local and federal laws , regulations and guidelines shall govern this Cooperative Agreement. K. Litigation fees : Should litigation arise out of this Cooperative Agreement for the performance thereof, the court shall award costs and expenses , including attorney's fees, to the prevailing PARTY . L. Notices: Any notices, requests, or demands made between PARTIES pursuant to this Agreement are to be directed as follows: To AGENCY: City of Huntington Beach 18041 Goldenwest Street Huntington Beach, CA 92648 Attention: Brandi Kelly Contreras Transportation Coordinator Tel : (714) 374-1518 Email: bkelly@surfcity-hb.org To AUTHORITY: Orange County Transportation Authority 550 South Main Street P .O . Box 14184 Orange , CA 92863-1584 Attention : Rhea Aninzo Associate Contract Administrator Tel : (714) 560-5650 Email : raninzo@octa.net With a copy that shall not constitute Notice to : Cc : Martin Browne Senior Community Transportation Coordinator Tel: (714) 560-5431 Email: mbrowne@octa .net Vic Mireles Transportation Funding Analyst Tel : (714) 560-5025 Email : vmireles@octa .net Last Rev: 09/05/2024 Page 11 of 12 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LJ Sf) COOPERATIVE AGREEMENT NO. C-5-4010 IN WITNESS WHEREOF, the PARTIES hereto have caused this Cooperative Agreement No . C-5-401 Oto be executed on the date first written above. CITY OF HUNTINGTON BEACH By: ___________ _ Travis Hopkins City Manager APPROVEEl AS 10 FORM By:~~~ fl-,,,/ MICHA EL J. VIGLIOTTA ,-. ClTY ATT ORN EY CITY OF HU N"\"!NG TON BEACH ORANGE COUNTY TRANSPORTATION AUTHORITY By: ____________ _ Darrell E. Johnson Chief Executive Officer · APPROVED AS TO FORM: By : ___________ _ James M . Donich General Counsel APPROVED: By : ___________ _ Jennifer L. Bergener Deputy Chief Executive Officer By: ___________ _ Johnny Dunning , Jr. Chief Operating Officer By : ____________ _ Rose Casey Executive Director, Planning Last Rev : 09/05/2024 Page 12 of 12 44 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT A SCOPE OF WORK City of Huntington Beach Program Overview The City of Huntington Beach's transportation department provides much needed mobility for active seniors as well as the frail elderly. Huntington Beach's Surf City Seniors on the Go! is the moniker for the largest free senior transportation program in Orange County. In addition to any location in Huntington Beach, the buses, vans, and sedans that make up the transportation service travel to Hoag Hospital and Cancer Center in Newport Beach, Fountain Valley Hospital and Orange Coast Memorial in neighboring Fountain Valley. Additionally, rides are provided for occasional evening and special events. Project Components & Required Match Project Component Required Match Grant Total Project Match* Percentage Component Cost TriSpark Pass rider notification $5,168 10% $46,517 $51,685 equipment *Required match is based on Board approved guidelines. Agency is responsible for any related cost increases which may increase required match above the 10% or 20% minimum requirement. Project Schedules Project Component Start Date End Date TriSpark Pass rider notification March 3, 2025 March 1, 2027 equipment Performance Measures 1. Improve mobility for older adults, especially those with disabilities and mobility issues. 2. Aims to reduce the demand for OC ACCESS. 3. Improves first/last mile connections. 4. Utilize up to date technology for continued improvement of services. 5. Outreach is conducted to older adults who may be more isolated and underserved to help connect them with needed services. 6. Partnerships with local entities and with volunteers to help create efficiencies and lower operating costs for transportation services. 7. Enhances the quality and quantity of life for older adults by providing excellent, affordable, and accessible transportation services to medical, nutrition, and leisure destinations. Page 1 of 2 45 Deliverables COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT A 1. Fully comply with scope of work and the Enhanced Mobility for Seniors and Disabled grant program guidelines, including any amendments approved by the Orange County Transportation Authority (OCTA), and in compliance with all applicable grant regulations. 2. Submit all required quarterly and final reports, invoices, certifications, and participate in audits as detailed in this Agreement and as requested by OCTA. Useful Life Project Component Useful Life TriSpark Pass rider notification equipment Software -Ongoing Page 2 of 2 46 COOPERATIVE AGREEMENT NO . C-5-4010 EXHIBIT B m OCTA Enhanced Mobility for Seniors and Disabled Grant Program Guidelines Call for Projects ORANGE COUNTY TRANSPORTATION AUTHORITY 47 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Table of Contents Purpose And Authority ......................................................................................................................................................... 1 Program Goals .................................................................................................................................................................. 1 Background .......................................................................................................................................................................... 1 2024 Call ............................................................................................................................................................................... 1 Program Schedule ................................................................................................................................................................ 2 Eligible Applicants ................................................................................................................................................................ 2 Public Hearing for Public Agencies ................................................................................................................................... 2 Coordination .................................................................................................................................................................... 2 Funding Priorities ............................................................................................................................................................. 2 Eligible Project Categories and Availability of Funds ....................................................................................................... 2 Capital Projects ................................................................................................................................................................ 3 Operating Projects ........................................................................................................................................................... 4 Award Limitations and Matching Fund Requirements .................................................... : ................................................... 4 Indirect Costs ....................................................................................................................................................................... 5 Contingency Costs ............................................................................................................................................................ 5 Evaluation Criteria ................................................................................................................................................................ 5 Capital Evaluation Criteria ............................................................................................................................................... 5 Operating Evaluation Criteria .......................................................................................................................................... 6 Accountability Evaluation ................................................................................................................................................ 7 Provisions of Use Criteria ..................................................................................................................................................... 7 Timely-Use of Funds ............................................................................................................................................................. 7 Extension Requests, Scope Changes and Cost Savings ........................................................................................................ 8 Cost Increases .................................................................................................................................................................. 8 Invoices and Reimbursements ............................................................................................................................................. 8 Reporting .......................................................................................................................................................................... 9 Insurance Requirements .................................................................................................................................................. 9 Additional Program Requirements ................................................................................................................................ 10 Required Drug and Alcohol Programs and Related Reporting ................................................................................... 10 Required Driver Training for Vehicles ........................................................................................................................ 11 Required Maintenance for Vehicles and Equipment ................................................................................................. 11 Useful Life Requirements for Capital Projects ........................................................................................................... 11 Submittal Requirements .................................................................................................................................................... 12 OCTA Contacts ................................................................................................................................................................... 12 48 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Purpose And Authority The Orange County Enhanced Mobility for Seniors and Individuals with Disabilities (EMSD) Grant Program call for projects (call) is intended to enhance the mobility of seniors and individuals with disabilities by providing local transportation funding to meet the transportation needs of seniors and individuals with disabilities where public transportation services may not appropriately meet their needs. The EMSD Grant Program offers grant opportunities to non-profit organizations (non-profits) and local public agencies to help meet these needs. Program Goals The EMSD Program is intended to meet the transportation needs of older adults and people with disabilities when transportation services provided are unavailable, insufficient, or inappropriate to meet these needs. The goals of the Program are to: • Improve the mobility for seniors and individuals with disabilities in Orange County. • Support local agencies and non-profits providing service within their communities. • Supplement services provided through the OCTA Senior Mobility Program, OC ACCESS, and OC Bus fixed-route service. • Provide seamless service through improved first-and last-mile connections. • Incorporate and encourage technology-based solutions to improve mobility options. • Promote non-profit and public agency outreach to senior and disabled patrons with an emphasis in reaching disadvantaged, underrepresented, and/or diverse communities to ensure services will meet their needs. • Prioritize funding for agencies that: o Collaborate through partnerships to create efficiencies and lower operating costs for service, and/or o Increase vehicle revenue hours beyond the minimum ten hours per week. Background Prior to 2014, the Federal Transit Administration Section 5310 (FTA 5310) Program was jointly administered by the Orange County Transportation Authority (OCTA) and the California Department of Transportation (Caltrans). In 2016, OCTA assumed the role of designated recipient for the FTA 5310 Program in Orange County to ensure funds are used effectively, efficiently, and consistently with federal requirements. Since 2018, the Orange County EMSD Grant Program replaced the FTA 5310 by providing local funding support in lieu of federal funding, which allows grantees to streamline project implementation and reduce the risk of non-compliance with federal requirements. Due to the long-standing success of the Section 5310 grant program, all beneficial elements of that program have been retained. As the regional transportation planning agency for Orange County, OCTA is responsible for conducting a call for projects and distributing EMSD funds to selected projects consistent with the priority strategies identified in the current Orange County Human Services Transportation Coordination Plan 1 (Coordinated Plan). In addition, OCTA has taken on the responsibility of developing and administering funding agreements and providing oversight monitoring of EMSD grantees throughout the useful life of the grant-funded projects. 2024 Call The 2024 EMSD call will make up to $8.5 million in local funds available for eligible and high scoring projects. Funding availability is based on the FTA 5310 apportionment to OCTA and is subject to change. All projects proposed and 1 2020 Coordinated Plan is available at: http:ljwww.octa.net/pdf/HumanServicesTransportation .pdf -applicable to this call. 2024 Coordinated Plan information landing page is available at : https://www.orangecountychstp.com/ -currently under development. 1 49 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines considered for funding are required to be included in the Coordinated Plan. Under FTA guidelines, the Coordinated Plan is required to be updated every four years. This call will award projects consistent with the 2020 Coordinated Plan, as its 2024 update is still under development. Program Schedule April 17, 2024 May 28, 2024 June 3-June 7, 2024 June 27, 2024 June -August 2024 September 2024 September 2024 Eligible Applicants Eligible applicants include: EMSD Schedule (Subject to Change) EMSD Program Workshop (Virtual} Call for Applications Opens Application Office Hours Application Due Date by 4pm Application Reviews and Scoring OCTA Board of Directors (Board) consideration of EMSD funding recommendations Awarded Applicant Office Hours • Private non-profit organizations providing transit services for older adults and people with disabilities, and • Public agencies where private non-profits are not readily available to provide the proposed service for these individuals (see Public Hearing for Public Agency section of these Guidelines). Public Hearing for Public Agencies Public agency applicants will be required to hold a public hearing to establish coordination with non-profits and ensure services are not being duplicated. This will verify that the nominating public agencies' projects are not overlapping in scope and, where applicable, services can be better coordinated. Nominating public agencies, including Orange County (County) cities and the County, are to schedule public hearings, and notify relevant non-profits as soon as possible to proceed with the application process. Documentation of a public hearing being held will be required as part of the application package. Coordination Inter-agency coordination is highly recommended. OCTA encourages agencies to work in partnership with other agencies to better offer well-rounded and coordinated services or use of vehicles and/or equipment. The EMSD Program emphasizes the importance of coordinated planning. Priority will be given to nominations that successfully show inter agency coordination and demonstrate partnership(s). Funding Priorities 1. Capital 2. Operating (Existing Services Only and Mobility Management) Eligible Project Categories and Availability of Funds Funds will be available for two categories and distributed to organizations and agencies serving Orange County based on the funding priorities above. Project Category Capital Operating (Mobility Management and Operating Assistance) Funding availability $4.7 million (minimum) or 55% minimum of awarded funds $3.8 million (maximum) or no greater than 45% of awarded funds 2 50 COOPERATIVE AGREEMENT NO. C -5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Consistent with FTA 5310 requirements, at least 55% of funds must be used for "traditional" capital projects . That is, those public transportation Capital projects planned, designed , and carried out to meet the specific needs of seniors and individuals with disabilities when public transportation is insufficient , unavailable, or inappropriate. As a result, the Operating projects category is limited to a total ta rget of $3 .8 million award maximum, and the funding that goes to operations cannot be greater than 45% of the total available funding. Capital Projects Project Types Eligible Activities Vehicle and Equipment Vehicle leases or purchases Acquisition: Small Capital Purchases: Purchases under $10,000 for computer hardware and equipment if the hardwa re and equipment are tied to an operating need and do not meet the minimum requirements of a capital project. Justification for how the hardwa r e and equipment is directly tied into the function of an operation will be required in the applications narrative . Capital projects will consist of vehicle leases or purchases. This includes buses and vans with the purpose of transporting seniors and individuals with disabilities . Vehicles may be either new or used (in good condition). Vehicles may be replacements for those currently in operation that have met or exceeded their useful life or vehicles to allow expansion of service. For a project to be categorized as replacement vehicles, the vehicles to be replaced must be in active service during the applicant's normal days and hours of operation . Unless an acceptable justification is provided, the vehicle should have met a minimum useful life or will meet the useful life at the point the replacement vehicle is put into service. Each vehicle acquired (both purchased and leased) must be Americans with Disabilities Act (ADA) accessible and provide a minimum of 10 hours of service per week, where service is provided by the awarded applicant or in coordination with other agencies. Zero-emission vehicles (ZEV) and zero -emiss ion buses (ZEB) are encouraged; however, the purchase or installation of ZEV charging equipment is not an eligible expense of the EMSD program . CalACT Purchasing Cooperative Agencies may acquire vehicles through the California Association for Coordinated Transportation (CalACT) Purchasing Cooperative ; however, this is not a requirement of the EMSD program. Agencies that plan to acquire vehicles through CalACT must notify OCTA of their intent as part of the application. For more information, please visit https://calact.org/ or contact Dan Mundy at dan@calact.org or 916-920 -8018 (Off ice) Vehicle Acquisition Cost-Effectiveness Requirements The purchase of used vehicles will be allowed when the proposed used vehicle is determined to be more cost -effective than the purchase of new vehicles and meets the additional used vehicle provisions noted below. Applicants who opt to request funding for the purchase of used vehicles , must provide a cost-benefit analysis as part of the project application clearly i ndicating that the purchase of used vehicles is more cost -effective compared to the purchase of new vehicles. The leasing of vehicles will be allowed when it is dete r mined to be more cost-effective than purchasing vehicles. Applicants who opt to request funding for leasing must provide a cost -benefit analysis as part of the project appl icat ion clearly indicating that leasing is more cost -effective compared to purchasing. A draft lease agreement must be included as part of the application , and a final lease agreement shall be provided to OCTA upon agreement execution . Cost-effectiveness methodology will be at the discretion of each applicant agency and should be prepared in good faith. 3 51 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Additional Used Vehicle Provisions Used vehicle purchases will be allowed so long as they meet the following criteria: • Vehicles are less than three years old (based on model year), • Vehicles have less than 65,000 miles, • Vehicles are under warranty, • Applicants provide proof that multiple vendors were contacted for comparable prices, • A mechanical inspection must occur prior to purchase, and • Vehicles must be fully ADA compliant or will be modified to be ADA compliant -including ramps, tie downs, and other safety features. Additional Leased Vehicle Provisions (under warranty and inspected prior to purchase) • Vehicles are less than three years old (based on model year), • Vehicles have less than 65,000 miles, • Applicants provide proof that multiple vendors were contacted for comparable prices, • Vehicles must be fully ADA compliant or will be modified to be ADA compliant -including ramps, tie downs, and other safety features. Equipment Purchases The Capital projects category may also include the purchase of service-related equipment such as wheelchair lifts, ramps, and securement devices as well as computer hardware (i.e., computers, keyboards, mouses, dispatching devices and software, etc.). ZEV charging equipment is not an eligible equipment purchase. Applicants must submit at least one equipment quote consistent with the application, detailing key characteristics. Multiple quotes are preferred. These will serve as an Independent Cost Estimate (ICE), and the lowest quote provided will determine the grant amount. Operating Projects Operating projects will consist of mobility management and operating assistance. Project Types Eligible Activities Mobility Management: Coordinating Transportation Services, Traveler/Client Call Centers, Driver/Travel Training2, and/or Coordinating/Dispatching Communications System Operating Assistance: Labor (Staffing) Expenses, Materials (Fuel, Office Supplies), Continuation of Services, Contracted Services, and/or First and Last-Mile Trips Award Limitations and Matching Fund Requirements Applicants may submit applications for either one or both categories. However, the total funding request per applicant may not exceed $1.5 million (does not include local match), as noted in the application and project type table below. For the purposes of the EMSD Program, match refers to any non-EMSD funding contribution committed and provided by the lead agency to support a share of the total project expenses. Projects will be required to provide a cash match consistent with the table below. Please note that matching requirements were temporarily reduced as part of the 2021 EMSD Program to allow applicants to restore service and support recovery from the coronavirus (COVID-19) pandemic. This reduction is remaining in place as part of the 2024 EMSD Program to allow continued recovery and to address ongoing supply chain issues. 2 Travel training is one-on-one individualized training that gives people with seniors and individuals with disabilities the skills required to travel safely on fixed-route public transportation. 4 52 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Application and Project Type3 Minimum Maximum Grant Minimum Match Grant Request Request Requirement Capital: Vehicle purchases, leases, and limited $100,000 $1,000,000 10% supporting equipment Capital: Standalone Capital Equipment Purchases $10,000 $99,000 10% Operating: Operating Assistance $100,000 $1,000,000 20% Operating: Mobility Management $50,000 $300,000 10% Indirect Costs The program will allow for no greater than 10% of requested funds to contribute to indirect costs. This will be applicable to the operating category only. Applicants should factor in this limit when structuring their proposed project budgets, demonstrating a clear understanding of how the grant funds will be effectively utilized for both direct and indirect costs. Examples of indirect costs that could be considered include: • General administrative and overhead costs. • Office supplies. • Development of specifications for vehicles and equipment. Contingency Costs • Staff salaries (for capital applications). • Technical assistance and planning activities. • Any other costs deemed necessary for the administration, planning, or technical assistance purposes of the project. Contingency is allowed for unforeseen circumstances, such as cost increases or project delays, amounting to 5-10% of the total requested funds in proposed project budgets. This allocation ensures adaptability to changing conditions while minimizing disruptions to project implementation. Evaluation Criteria Applications will be considered for funding based on the evaluation criteria and point distribution shown in this section. Capital and Operating projects will be scored differently with the criteria detailed in their respective tables. The criteria align with federal and state goals for the Section 5310 program and are the basis for reviewing and selecting applications. All projects are required to be included in the 2020 Coordinated Plan. Capital Evaluation Criteria Capital Projects Maximum Points A. Goals and Objectives -Project is consistent with overall EMSD Program goals and objectives and meets all program requirements of providing transportation related activities and/or 6 services beyond those required by the ADA. B. Ability of Applicant -Evidence of the applicant's experience providing existing transportation service or social services for elderly or disabled individuals. Scored questions will also include 10 points for agency programs/plans including driver/travel training, dispatching, California Highway Patrol Inspections. 3See complete examples of eligible operating activities and vehicle types on Capital Projects. 5 53 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines C. Coordination Planning-Assessment of available services that (1) meet the needs of seniors and disabled individuals and (2) identify gaps in service or equipment needs. Scored questions will ask how the applicant provides strategies, activities, and projects to identify these gaps and achieve efficiencies in service. Discuss the coordination planning your agency conducts with other agencies. D. Outreach and Feedback-Assessment of how the applicant has conducted outreach with senior and disabled clients to ensure their needs are being met and adjustments to service are made accordingly. E. Transportation Service -Evaluation will be based on project type -replacement, expansion vehicles, and/or equipment. Replacement and expansion vehicles will receive ratings based on mileage, service hours per week, and number of people served. Equipment will be scored based on number of vehicles within the fleet which are coordinated and service efficiency enhancement with the new equipment. F. Emergency Planning and Preparedness -Evaluation is based on standards for emergency planning and preparedness, extent to which emergency plans and drill activities are provided, and whether applicant is included in County Office of Emergency Services (OES) response plan. Additional Considerations to Application Scores a. Accountability Measure-Consideration of applicants past project delivery performance will be evaluated. 5 points may be deducted. Operating Evaluation Criteria Operating Projects A. Goals and Objectives -Project is consistent with overall EMSD Program goals and objectives and meets all program requirements of providing transportation related activities and/or services beyond those required by the ADA. B. Project Implementation -Extent to which applicant provides a well-defined and detailed operations plan with defined routes, schedules, current/project ridership, key personnel, and marketing strategies with supporting documentation for carrying out the project. C. Program Performance Indicators -Extent to which applicant provides clear, measurable, and outcome-based performance measures and indicators, which show a logical, reasonable, and quantifiable methodology to track the effectiveness of the project. D. Coordination, Outreach, and Sustainability -Extent to which applicant identifies communications and outreach plans and goals to target populations that benefit from EMSD program. Evaluation also based on applicant's efforts and accomplishments in coordination with other transportation and/or social services in the project area and extent to which applicant identifies plans to sustain a new, expansion, or continuation program beyond the two-year funding cycle. 6 5 18 5 -5 Maximum Points 10 15 10 11 6 54 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines E. Emergency Planning and Preparedness -Extent to which applicant identifies standards for emergency planning and preparedness and provides emergency plans and drill activities, and whether applicant is included in County Office of Emergency Services (OES) response plan. Additional Considerations to Application Scores b. Accountability Measure-Consideration of applicants past project delivery performance will be evaluated. 5 points may be deducted. Accountability Evaluation 4 -5 The 2024 EMSD call will evaluate applicants on past project delivery performance. Up to five points may be deducted from the overall project score for applicants with a history of poor past project delivery performance including in contract execution, timing of expenditures and invoicing, and overall program understanding. This evaluation will ensure continuation of responsible delivery of EMSD-funded projects. Provisions of Use Criteria • Upon approval by OCTA's Board, awarded applicants will be notified and will be required to enter into an agreement with OCTA to start the project and receive funding. The agreement will remain in effect throughout the project's service period or the equipment's useful life. • For vehicle request, grantees are responsible for the proper use, operating costs, and maintenance of all vehicles and project equipment, and must be prepared to comply with all applicable regulations and requirements. • Applicants are responsible for management, oversight, and control over the operations of contracted service and purchased equipment. Appropriate documentation must also be maintained and provided upon request during the project term and through the useful life of the asset or through the service period. • For non-profit applicants, non-profit status must be documented as "active." • Public agencies are required to complete a public hearing prior to the application deadline to verify that they would not be nominating overlapping services or providing services where a non-profit could. More information on this can be viewed in the Public Hearing for Public Agency section. Timely-Use of Funds Funding will be made available for FY2024-25, FY2025-26, and FY2026-27. All reimbursable work should be completed within the timeframe outlined in the executed agreement. For Capital projects, applicants will be required to award a contract or execute a purchase order by June 30 of the programmed FY. Applicants would then have 24 months from the award or purchase to receive and/or install the equipment. The contract award or purchase date will serve as the start of the 24-month performance period. The expenditure deadline will also start at the contract award or purchase and all eligible awarded funds must be expended by the end of the 24-month period. Extensions of up to one additional expenditure year (12 months) will be considered on a case-by-case basis with a formal letter indicating reasons for the extension. For Operating projects, awarded applicants will be required to show evidence that they have entered into a cooperative or service agreement, as applicable to the funded project, and must start service based on the schedule provided and by June 30 ofthe programmed FY. For existing operating agreements, applicants may request funds to continue service. The date of the OCTA/Agency cooperative or service agreement or start of the continuation of service using the grant funds will begin the 24-month period of performance. 7 55 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Funding for projects that have not (1) started within the FY programmed and (2) have not invoiced within 60 days of the end of the FY, may be forfeited and projects will be subject to OCTA approval for any delays. Extensions of up to one additional year (12 months) will be approved on a case-by-case basis. Requests should be made through a letter indicating reasons for the delay and how funds will begin invoicing by June of the extended FY. Extension Requests, Scope Changes and Cost Savings Scope changes and extension requests are considered on a case -by-case basis and requests must be submitted via email to OCTA EMSD email at OCTAEMSD@octa .net . Typically, to consider a scope change for approval by staff, OCTA expects the project benefits to be the same as what was provided in the original application. If the project does not deliver the same benefits, the project request will either be denied or presented to the OCTA Board for consideration. Applicants must provide an explanation and justification for the change and include documentation for how project benefits will be impacted and how they compare to the benefits proposed in the original application . Please note that project extensions are not guaranteed, and OCTA encourages awarded applicants to initiate and complete projects within the original period of performance of the grant. OCTA will complete a thorough evaluation of the scope change and/or extension request and the potential impact to the project(s) benefits prior to making a recommendation. Major scope changes which significantly impact the benefits may require approval by the OCTA Board of Directors. If the applicant reduces the scope of an approved project a reduction in EMSD funds must be applied proportionally to maintain the approved local match percentage. Cost Savings. Reduced costs associated with a scope reduction will not be considered cost savings. Savings at project completion will either remain with OCTA or be returned to OCTA, if already paid out to the agency. Cost Increases The EMSD Program will not cover project cost increases for awarded projects . Applicants commit to cover any cost increases beyond awarded funds and match requirements. Invoices and Reimbursements Costs incurred prior to the start of the executed agreement will not be reimbursable unless requested by exception . The EMSD Program requires that payments to the agency occur on a reimbursement basis, with exceptions for vehicle purchases noted below. Therefore, the lead agency must incur and pay for project costs prior to invoicing OCTA for reimbursement. The lead agency will be required to provide proper documentation with their invoices to validate that the expenditure was properly incurred. For applicants purchasing vehicles, they will be allowed to invoice up to 65% of the purchase order amount covered by OCTA upon receipt of a verifiable purchase order. The remaining 35% will be paid upon delivery and acceptance of the vehicle(s), consistent with the total project cost and considering the required match. Subsequently, the payments will be distributed to the lead agency, which then utilizes these funds to settle project costs, including payments to vendors for vehicle purchases. Applicants may begin invoicing from the date their contract agreements with OCTA are executed. Reimbursements will be dispersed upon review and approval of a complete expense report, performance report, and consistency with the cooperative agreement requirements and specifications . Invoices for capital must be submitted no later than 30 days after the end of the month in which the expenditure occurred, with the exception for vehicle purchases. For operating projects, invoicing will be required at minimum on a quarterly basis consistent with the quarterly reporting schedule provided . Applicants are expected to submit a final report form and closeout form within 90 days of project completion . 8 56 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Project Type Reimbursement Process Capital: Vehicles and Equipment Vehicles: OCTA will pay up to 65% of the award amount (OCTA's share) of the cost up front, based on verifiable purchase order less the required match. The remaining 35% will be paid upon applicant's delivery and acceptance of the vehicle. Any funding not initially paid out from the grant will be disbursed consistent with the total project cost and considering the required match, following confirmation of receipt of the vehicle and/ or equipment. Applicants must submit an invoice no later than 30 days after the end of the month following vehicle acceptance. Equipment: Applicants incur the expense and request reimbursement from OCTA once the equipment has been delivered and accepted at the agency. Operating: Operating Assistance, Mobility Applicants submit invoices to OCTA on a quarterly basis, less required Management, Driver/Travel Training, and/or match. (See quarterly reporting due dates below) first and last-mile connections. If awarded, successful applicants will enter into a cooperative agreement with OCTA specifying grant requirements. Reporting Awarded applicants will be required to submit a quarterly report to allow OCTA to monitor progress on the project and ensure that the project will be completed within the period of performance of the grant. Quarterly reporting forms will be available on the EMSD website. Awarded applicants should start submitting quarterly reports to OCTA once cooperative agreements are executed. Monthly data, see quarterly report templates, is to be submitted on a quarterly basis, in accordance with the reporting schedule below: Performance Period Quarterly Report Due Date Quarter 1: January-March April 30 th Quarter 2: April-June July 30 th Quarter 3: July-September October 30 th Quarter 4: October-December January 30 th The final invoice for vehicles must be submitted 30 days following the end of the month in which the expenditure occurred. The final invoice for operating must be submitted 30 days following the end of the quarter in which the expenditure occurred. Once the project is complete; the applicant is expected to submit a final report form and closeout from 90 days following issuance of final payment. Final report and closeout templates will be available on the EMSD website following the project award. Insurance Requirements The following insurance is required, subject to change at the time of award: • Commercial general liability (includes products/completed operations, independent contractors, contractual liability, personal injury liability, property damage) minimum limit $1,000,000 per occurrence, $2,000,000 general aggregate . • Automobile liability insurance to include owned, hired, and non-owned autos combined single limit of $1,000,000. • Workers' compensation with limits as required by the State of California including a waiver of subrogation in favor of OCTA, its officers, directors, employees, or agents . • Employers' liability with minimum limits of $1,000,000. 9 57 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Proof of coverage, including certificates and endorsements, will be required as part of the Cooperative Agreements if selected for funding. OCTA will reserve the right to request policy reviews in response to any loss. Additional Program Requirements The following State and Federal requirements are required as part of the cooperative agreement and are subject to change at the time of the award. It is important to note that documentation of meeting these requirements could be reviewed, inspected and/or audited, in addition to the required reports that are to be submitted to OCTA by the OCTA Project Implementation contact at the discretion of said contact during their visits to your agency's operating site(s). The following requirements do not need to be included in the reports in their entirety so long as they can be verified in person and the required reporting forms are completed accurately. Required Drug and Alcohol Programs and Related Reporting If awarded, applicants will be required to comply with the requirements of the Drug -Free Workplace Act of 1988, the California Drug-Free Workplace Act of 1990, and the U.S. Department of Transportation (USDOT) drug testing regulations. Applicants and their subcontractors performing safety-sensitive tasks are subject to the same regulations. Before finalizing any agreements, selected applicants must establish and enforce a substance abuse program in accordance with state and federal rules, with ongoing revisions to ensure compliance. OCTA recognizes that some agencies may have existing Drug and Alcohol Programs in place. For example, tests used to comply with Federal Motor Carrier Safety Administration (FMCSA) requirements may also be used to comply with EMSD program requirements provided that they cover the same time period required. Awarded applicants also agree to periodic reviews of the drug and alcohol testing program by OCTA and/or a designated representative. These reviews will encompass a thorough examination of program-related forms, documents, and procedures employed by the awarded applicant and its service agents, including the Collection Site, Drug Testing Laboratory, Medical Review Officer, Substance Abuse Professional, and Consortium/Third Party Administrator (if applicable). Any identified program deficiencies or findings must be promptly rectified . Corrective actions should be documented for review by authority staff or designated representatives. Documentation supporting compliance with the aforementioned regulations must be provided to authorized representatives of USDOT or its operating administrations, the State of California oversight agency, or to OCTA and/or their designated representative to inspect the facilities and records associated with the implementation of the drug and alcohol testing program . The awarded applicant is responsible for submitting an annual Drug and Alcohol Testing Report to OCTA using the current Drug and Alcohol Testing Management Information System {MIS) Data Collection Form published by the FTA. The annual reports are due no later than the 30 th of the month following the close of each year. Forms can be found here: https://www.transportation.gov/odapc/Part40/Appendix-J . • Close of each year (January-December)-on or by January 30°th of the following year Additionally on an annual basis, no later January 30 th of each year following the close of the previous calendar year for review, applicants are required to: • Submit to OCTA all required drug and alcohol testing data using the appropriate FTA prescribed forms; and • Provide certifications for all Service Agents (Includes, but not limited to: The Collection Site for Urine Specimen Collectors, Breath Alcohol Technicians, Screening Test Technicians, Oral Fluid Collectors, Medical Review Officers, and Substance Abuse Professionals) 10 58 COOPERATIVE AGREEMENT NO. C-5-4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines It is recommended that the individual(s) responsible for monitoring the applicant agencies Drug and Alcohol Program attend the Transportation Safety lnstitute's (TSls) courses on: 1. Substance Abuse Management and Program Compliance (FT00465) 2. Reasonable Suspicion and Post-Accident Testing Determination Seminar (FT00566) These courses are to be completed within one year or as soon as practical after initiating your program and included as part of the annual report (due January 30 th ). If your agency already has a Program in place and individuals who manage the Program, have previously completed trainings, please include applicable documentation as part of your annual report. Given the courses are only offered once a year in June for 2024 (see: https://www.transportation.gov/sites/dot.gov/files/2024-02/TSIFY-24TransitTrainingSchedulev.9 012424 .pdf for course schedule), course signup confirmations for the following year will be accepted as proof of intent to complete the courses at a later date. If your agency chooses to proceed with this option, you must be able to show proof of completion for the following years report. More information on the TSI, their courses, and instructions for how to sign up for and attending courses can be viewed in further detail here: https://www.transportation.gov/tsi/transit -safety and-secu rity . An awarded applicant's failure to comply with these requirements may result in nonpayment or termination of any entered agreements. Required Driver Training for Vehicles Applicants will ensure that its operators or its contracted vendor's operators, are properly licensed and trained to proficiency to perform duties safely, and in a manner which treats its riders with respect and dignity. Disability awareness and passenger assistance will be included in this training. It is required that the individual(s) responsible for operating vehicles for the applicant agency complete the Passenger Assistance, Safety and Sensitivity (PASS) Basic Online course offered by the Community Transportation Association of America (CTAA). More information on the course and instructions to complete the industry standard training is available here: https://ctaa.org/pass/. This course is to be completed within one year or as soon as practical after initiating your program and included as part of the annual report (due January 30 th ). If your operators have already completed the training, please include applicable documentation as part of your annual report. If your agency participates in another applicable and industry acceptable driver-related training, include this to satisfy this requirement. Required Maintenance for Vehicles and Equipment Agency will perform, or ensure that a contracted vendor performs maintenance of all awarded vehicles including: • Maintaining maintenance records for each vehicle for five (5) years; and • If required, cooperation in annual motor coach carrier terminal inspections conducted by the California Highway Patrol (CHP). Useful Life Requirements for Capital Projects If capital purchases (vehicles, equipment, software, etc.) are purchased with EMSD funds, it is expected that these items will be used for their entire useful life and/or through termination of the service (see timely use of funds). If termination occurs prior to the completion of the capital item's useful life and/or grant term, the applicant shall repay OCTA the same percentage of the sale price [or estimated value of the asset(s)] based on straight line depreciation of the asset(s) consistent with the EMSD percentage of initial purchase. Useful life shall be documented in project agreements. 11 59 COOPERATIVE AGREEMENT NO. C-5 -4010 EXHIBIT B 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program Guidelines Submittal Requirements A completed application will conta i n the following documents : • Completed capital and/or operating application with corresponding attachments ; o Appl ication templates are available on the programs webpage , applications must be submitted following these templates or will not be considered; • Non-profits must provide ve rification of non-profit status as "active". • Local cities or county agencies must submit documentation of public hearing(s); • Resolution from governing body or similar confirming match commitment and legal authority to submit; • Benefit -cost analyses for vehicle acquisitions if applicable; • Any other required documents, such as documentation of reduced se r vice (if applicable), copy of your agencies most recent financial statement or single audit if applicable and have previously received federal funding, vehicle photos, etc. (refer to application for required documents). Incomplete applications will not be considered for funding , so please ensure that all submittals contain all the required documentation. Important documents regarding the 2024 EMSD Program are available on the EMSD website . Applicants to the 2024 EMSD Program will not be required to submit hard copy applications to OCTA. Electronic project applications for the 2024 EMSD call must be received by OCTA no later than 5pm June 27, 2024, via a SharePoint location, please email Denise Sifford at dsiffordl@octa .net or Vic Mireles at vmireles@octa .net for specific SharePoint file access . Late applications will not be accepted or considered, so please ensure that you have uploaded all required documentation ahead of the application deadline. It is recommended to upload documents at least 48 hours ahead of the submittal deadline to allow for time for troubleshooting if needed. Information on how to subm it electronic project applications will be posted prior to the call on the OCTA EMSD website4. Applicants to the 2024 Enhanced Mobility for Seniors and Individuals with Disabilities Grant Program will not be required to submit hard copy applications to OCTA. Hard copies of applications will not be accepted. OCT A Contacts EMSD Program Managers Primary Vic Mireles Transpo rtation Funding Analyst Email : vmireles@octa.net (714) 560 -5025 Alternate: Louis Zhao State and Federal Programming Manager Email: lzhao@octa.net (714) 560 -5494 Secondary Brandon Lesser Associa t e Transportation Funding Analyst Email: b lesser@octa .net (714) 560-5076 Project Implementation Martin Browne Senior Community Transportation Coordinator Email : mbrowne@octa.net (714) 560-5431 4 https://www.octa.net/programs-projects/programs/funding-programs/ca ll-for-projects/emsd-grant-program/ 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-838 MEETING DATE:11/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric McCoy, Fire Chief PREPARED BY:Kevin Justen, Senior Management Analyst Subject: Authorize designated City staff to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Services (DHCS) and the City of Huntington Beach and the Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and approve a payment of $722,804 to DHCS for FY 2025/26 Statement of Issue: City Council is requested to designate and authorize the City Manager, Chief Financial Officer, and/or Fire Chief to execute the Intergovernmental Agreement Regarding Transfer of Public Funds between the California Department of Health Care Servies (DHCS) and the Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach and approve a payment of $722,804 to DHCS. Financial Impact: Funding in the amount of $730,816 has been included in the FY 2025/26 Budget for participation in the program. With these agreements and the City’s payment of $722,804, it is anticipated that an estimated $1,732,305 in funds will be distributed to the City of Huntington Beach, resulting in a net revenue of approximately $1,001,489 for additional reimbursement of Medi-Cal Managed Care services that were incurred and unreimbursed for the service period of January 1, 2024 through December 31, 2024. Recommended Action: A) Authorize the designation of the City Manager, Chief Financial Officer, and/or Fire Chief to execute the agreement between the California Department of Health Care Servies (DHCS) and the Health Plan-Provider Agreement - Intergovernmental Transfer Rate Range Program Agreement between CalOptima Health and the City of Huntington Beach; and B) Approve a payment of $722,804 to the California Department of Health Care Services for the agreement during FY 2025/26. City of Huntington Beach Printed on 10/29/2025Page 1 of 2 60 File #:25-838 MEETING DATE:11/4/2025 Alternative Action(s): Do not approve the recommended action(s), and direct staff accordingly. Analysis: Since the 2022/23 fiscal year, the City of Huntington Beach has participated in the Voluntary Rate Range Intergovernmental Transfer Program (VRRP IGT) through the California Department of Health Care Services. This program allows the City to recover unreimbursed City costs for service to CalOptima patients. DHCS distributes the funds to eligible entities through CalOptima Health. The City’s ongoing participation in the program is dependent on available funding for the program and the City’s ability to provide the upfront contribution required. The net revenue received annually by the City is also dependent on a number of factors, including the number of program participants in the County and the number of Medi-Cal calls for service. If the City Council approves the recommended actions, the agreement with DHCS would require an upfront payment of $722,804. Once paid, an estimated $1,732,305 will be disbursed to the City within approximately 60 days through CalOptima, for a net revenue of $1,001,489. The 60-day time estimate is based on the actual transfer dates of previous years’ VRRP IGT. The required upfront payment and subsequent disbursement from CalOptima are based on Medi-Cal managed care services provided by the City during the January 1, 2024-December 31, 2024, period. The agreements with DHCS and CalOptima are attached for reference, along with the funding letter from DHCS. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. Attachment(s): 1. Agreement between the Department of Health and Human Services (DHCS) and the City of Huntington Beach 2. Agreement between CalOptima Health and the City of Huntington Beach 3. Funding Letter from California Department of Health Care Services City of Huntington Beach Printed on 10/29/2025Page 2 of 2 61 62 CONTRACT# IGT-24-0013 INTERGOVERNMENTAL AGREEMENT REGARDING TRANSFER OF PUBLIC FUNDS This Agreement is entered into between the CALIFORNIA DEPARTMENT OF HEALTH CARE SERVICES ("DHCS") and CITY OF HUNTINGTON BEACH ("GOVERNMENTAL FUNDING ENTITY") with respect to the matters set forth below. The parties agree as follows: AGREEMENT 1. Transfer of Public Funds 1.1 The GOVERNMENT AL FUNDING ENTITY agrees to make a transfer of funds to DHCS pursuant to sections 14164 and 14301.4 of the Welfare and Institutions Code. The amount transferred shall be based on the sum of the applicable rate category per member per month ("PMPM") contribution increments multiplied by member months, as reflected in Exhibit 1. The GOVERNMENTAL FUNDING ENTITY agrees to initially transfer amounts that are calculated using the Estimated Member Months in Exhibit 1, which will be reconciled to actual enrollment for the service period of January 1, 2024 through December 31, 2024 in accordance with Sub-Section 1.3 of this Agreement. The funds transferred shall be used as described in Sub Section 2.2 of this Agreement. The funds shall be transferred in accordance with the terms and conditions, including schedule and amount, established by DHCS. 1.2 The GOVERNMENT AL FUNDING ENTITY shall certify that the funds transferred qualify for Federal Financial Pru.ticipation pursuant to 42 C.F.R. part 433, subpart B, and are not derived from impermissible sources such as recycled Medicaid payments, Federal money excluded from use as State match, impermissible taxes, and non-bona fide provider- Template Version -4/2025 63 CONTRACT# IGT-24-0013 related donations . Impermissible sources do not include patient care or other revenue received from programs such as Medicare or Medicaid to the extent that the program revenue is not obligated to the State as the source of funding. 1.3 DHCS shall reconcile the "Estimated Member Months," in Exhibit 1, to actual enrollment in HEAL TH PLAN(S) for the service period of January 1, 2024 through December 31, 2024 using actual enrollment figures taken from DHCS records. Enrollment reconciliation will occur on an ongoing basis as updated enrollment figures become available . Actual enrollment figures will be considered final two years after December 31, 2024. If reconciliation results in an increase to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, the GOVERNMENT AL FUNDING ENTITY agrees to transfer any additional funds necessary to cover the difference. If reconciliation results in a decrease to the total amount necessary to fund the nonfederal share of the payments described in Sub-Section 2.2, DHCS agrees to return the unexpended funds to the GOVERNMENTAL FUNDING ENTITY. If DHCS and the GOVERNMENT AL FUNDING ENTITY mutually agree, amounts due to or owed by the GOVERNMENT AL FUNDING ENTITY may be offset against future transfers. 2. Acceptance and Use of Transferred Funds 2.1 DHCS shall exercise its authority under section 14164 of the Welfare and Institutions Code to accept funds transferred by the GOVERNMENT AL FUNDING ENTITY pursuant to this Agreement as Intergovernmental Transfer (IGTs), to use for the purpose set forth in Sub-Section 2.2. 2.2 The funds transferred by the GOVERNMENT AL FUNDING ENTITY pursuant to Section 1 and Exhibit 1 of this Agreement shall be used to fund the non-federal share 2 Template Version -4/2025 64 CONTRACT# IGT-24-0013 of Medi-Cal Managed Care actuarially sound capitation rates described in section 14301.4(b)(4) of the Welfare and Institutions Code as reflected in the contribution PMPM and rate categories reflected in Exhibit 1. The funds transferred shall be paid, together with the related Federal Financial Participation, by DHCS to HEAL TH PLAN(S) as part of HEAL TH PLAN(S)' capitation rates for the service period of January 1, 2024 through December 31, 2024, in accordance with section 14301.4 of the Welfare and Institutions Code. 2.3 DHCS shall seek Federal Financial Participation for the capitation rates specified in Sub-Section 2.2 to the full extent permitted by federal law. 2.4 The parties acknowledge that DHCS will obtain any necessary approvals from the Centers for Medicare and Medicaid Services. 2.5 DHCS shall not direct HEAL TH PLAN(S)' expenditure of the payments received pursuant to Sub-Section 2.2. 3 . Assessment Fee 3.1 DHCS shall exercise its authority under section 14301.4 of the Welfare and Institutions Code to assess a 20 percent fee related to the amounts transfe1Ted pursuant to . Section 1 of this Agreement, except as provided in Sub-Section 3.2. GOVERNMENTAL FUNDING ENTITY agrees to pay the full amount of that assessment in addition to the funds transferred pursuant to Section 1 of this Agreement. 3 .2 The 20-percent assessment fee shall not be applied to any portion of funds transferred pursuant to Section 1 that are exempt in accordance with sections 14301.4(d) or 14301.5(b)(4) of the Welfare and Institutions Code. DHCS shall have sole discretion to determine the amount of the funds transfe1Ted pursuant to Section 1 that will not be subject to a Template Version -4/2025 3 65 CONTRACT# IGT-24-0013 20 percent fee . DHCS has determined that $0.00 of the transfer amounts will not be assessed a 20 percent fee, subject to Sub-Section 3.3. 3.3 The 20-percent assessment fee pursuant to this Agreement is non- refundable and shall be wired to DHCS simultaneously with the transfer amounts made under Section 1 of this Agreement. If at the time of the reconciliation performed pursuant to Sub Section 1.3 of this Agreement, there is a change in the amount transferred that is subject to the 20-percent assessment in accordance with Sub-Section 3. 1, then a proportional adjustment to the assessment fee will be made. 4. Amendments 4.1 No amendment or modification to this Agreement shall be binding on either party unless made in writing and executed by both parties. 4.2 The parties shall negotiate in good faith to amend this Agreement as necessary and appropriate to implement the requirements set forth in Section 2 of this Agreement. 5. Notices. Any and all notices required, permitted, or desired to be given hereunder by one party to the other shall either be sent via secure email or submitted in writing to the other party personally or by United States First Class, Certified or Registered mail with postage prepaid, addressed to the other party at the address as set forth below: To the GOVERNMENT AL FUNDING ENTITY: Eric McCoy, Fire Chief 4 Template Version -4/2025 66 CONTRACT# IGT-24-0013 2000 Main Street Huntington Beach, CA 92648 (714) 536-5411 emccoy@surfcity-hb.org With copies to: Justin Fleming, Division Chief 2000 Main Street Huntington Beach, CA 92648 (714) 536-5411 j fleming@surfcity-hb.org To DHCS: Vivian Beeck California Department of Health Care Services Capitated Rates Development Division 1501 Capitol Ave., MS 4413 Sacramento, CA 95814 Vivian.Beeck@dhcs .ca. gov 6. Other Provisions 6.1 This Agreement contains the entire Agreement between the parties with respect to the Medi-Cal payments described in Sub-Section 2.2 of this Agreement that are funded by the GOVERNMENTAL FUNDING ENTITY, and supersedes any previous or contemporaneous oral or written proposals, statements, discussions, negotiations or other agreements between the GOVERNMENTAL FUNDING ENTITY and DHCS relating to the subject matter of this Agreement. This Agreement is not, however, intended to be the sole agreement between the parties on matters relating to the funding and administration of the Medi Cal program . This Agreement shall not modify the terms of any other agreement, existing or entered into in the future, between the parties. 5 Template Version -4/2025 67 CONTRACT# IGT-24-0013 6.2 The non-enforcement or other waiver of any provision of this Agreement shall not be construed as a continuing waiver or as a waiver of any other provision of this Agreement. 6.3 Sections 2 and 3 of this Agreement shall survive the expiration or termination of this Agreement. 6.4 Nothing in this Agreement is intended to confer any rights or remedies on any third party, including, without limitation, any provider(s) or groups of providers, or any right to medical services for any individual( s) or groups of individuals. Accordingly, there shall be no third party beneficiary of this Agreement. 6.5 Time is of the essence in this Agreement. 6.6 Each party hereby represents that the person(s) executing this Agreement on its behalf is duly authorized to do so. Any required signature(s) on any documents must be in compliance with California Government Code section 16.5 and any other applicable state or federal regulations. 7. State Authority. Except as expressly provided herein, nothing in this Agreement shall be construed to limit, restrict, or modify the DHCS' powers, authorities, and duties under Federal and State law and regulations. 8. Approval. This Agreement is of no force and effect until signed by the parties. 9. Term. This Agreement shall be effective as of January 1, 2024 and shall expire as of June 30, 2027 unless terminated earlier by mutual agreement of the parties. 6 Template Version -4/2025 68 CONTRACT# IGT-24 -0013 SIGNATURES IN WITNESS WHEREOF, the parties hereto have executed this Agreement, on the date of the last signature below. CITY OF HUNTINGTON BEACH: By: e, z:5 Date: lo /°C/2.$ THE STATE OF CALIFORNIA, DEPARTMENT OF HEALTH CARE SERVICES : By: Date: Authorized Representative, Department of Health Care Services Template Version -4/2025 7 I I 69 CONTRACT# IGT-24-0013 Exhibit 1 Health Plan Funding Entity Rating Region Service Period Participation% CalOptima City of Huntington Beach Orange 1/2024 -12/2024 1.00% Contribution Estimated Member Estimated Category of Aid SIS/UIS PMPM Months• Contribution (Non- Federal Share) Child SIS $ 0.04 3,087,562 $ 123,502 Child UIS $ -189 630 $ - Adult SIS $ 0.08 999,357 $ 79,949 Adult UIS $ 0.06 614,214 $ 36,853 Adult Expansion SIS $ 0.02 3 264 674 $ 65,293 Adult Expansion UIS $ 0.01 746,598 $ 7,466 SP0 SIS $ 0.27 401,788 $ 108,483 SPD UIS $ 0.17 116 938 $ 19,879 SPD Dual SIS $ 0.10 1,241,498 $ 124,150 SPD Dual UIS $ 0.03 10,576 $ 317 LTC SIS $ 0.27 1,997 $ 539 LTC UIS $ 0.17 1,429 $ 243 LTC Dual SIS $ 0 .11 26,935 $ 2,963 LTC Dual UIS $ 0.03 302 $ 9 WCM SIS $ 0.34 112,441 $ 38,230 WCM UIS $ 0.12 4,199 $ 504 Est. FETotal 10,820,138 $ 608,380 * Note that Estimated Member Months are subject to variation, and the actual total Contribution (Non-Federal Share) may differ from the amount listed here, * FMAP is a weighted blend of multiple FMAPs. 8 Template Version -4/2025 70 HEALTH PLAN-PROVIDER INTERGOVERNMENTAL TRANSFER RATE RANGE PROGRAM AGREEMENT This Health Plan-Prnvider Intergovernmental Tl'ansfel' Rate Range Progrnm Agreement ("Agreement") is effective September l, 2025 ("Effective Date"), by and between Orange County Health Authority, a California local agency doing business as Ca)Optima Health ("PLAN"), and the City of Huntington Beach , a California municipal corporation operating through its fire department ("PROVIDER"). PLAN and PROVIDER may each be refetTed to herein as a "Party" and collectively as the "Parties". RECITALS WHEREAS, PLAN is a county organized health system formed pursuant lo California Welfat'e and Institutions Code§ 14087.54 and Orange County Ordinance No. 3896 (as amended by Ordinance Nos, 00-8, 05-008, 06-012, 09-00 I, 11-013, 14-002 and 16-00 I). WHEREAS, PLAN is party to a Medi-Cal managed care contract with the California Department ofllcalth Care Services ("DHCS"), entered into pmsuant to Welfare and Institutions Code § 14087.3, under which PLAN arranges and pays for the provision of covered Medi-Cal health care services to eligible members residing in Orange County and enrolled in PLAN's Medi Cal program ("Members"). WHEREAS, PROVIDER is an emergency transport provide!' that provides transportation on a non-contract basis, including to Members. WHEREAS, PLAN and PROVIDER desire to enter into this Agreement to provide Intergovernmental Transfer Medi-Cal Managed Care Rate Range Increases ("IGT Rate Increases") from PLAN to PROVIDER to maintain the availability of Medi-Cal health care services to Medi-Cal beneficiaries, as set forth in the Agt'eement. NOW, THEREFORE, PLAN and PROVIDER, in consideration of the promises and the mutual covenants herein stated, hereby agt'ee as follows: AGREEMENT 1. IGT Rate Range Increases A. Payment Should PLAN t'eceive any IGT Rate Increases from DHCS whel'e the nonfederal sha1·e is funded by PROVIDER specifically pursuant to the provisions of the Intergovernmental Agreement Regarding Transfer of Public Funds (Contract# IGT-24-0013) between PROVIDER AND DHCS, ("Intergovemmental Agreement") with a term of January I, 2024 through June 30, 2027 for IGT Rate Increases, PLAN shall pay to PROVIDER the amount of the IGT Rate Increases received from DHCS, in accol'dance with Section 1.E below regarding the form and timing of Local Medi Cal Managed Care Rate Range ("Local Range") IGT payments. Local Range IGT payments paid to PROVIDER shall not l'eplace ol' supplant any other amounts paid or payable to PROVIDER by PLAN. 71 D. PLAN Adminish·ative Fee i. PLAN shall reta in two percent (2 .0%) of the IGT Rate Increase payments to PROVIDER (after reimbmsing PROVIDER's initial co ntribution to the IGT Rate Increase ("Administrative Fee"), prior to disbursing Local Range IGT payments to PROVIDER. PLAN will expend the Administrative Fee to cove1· expenses for administering the IGT payments. PROVIDER's share of the IGT Rate Increase funds shall be calculated based on PROVIDER 's prnportionatc share of the Local Range IGT Payment made by PLAN in Orange County to the respective funding entities. ii. Any amounts referenced in this Agreement are estimates. The Part ies understand and agree that the total amount of the IGT Rate Increases paid by DHCS to PLAN may fluctuate as a result of Member emollment in PLAN's Medi-Cal program and the number of entities participating in the IGT prngram. The Parties furth er understand and agree that any such fluctuations will likewise affect the amount lo be retained by PLAN and the amount payab le to PROVIDER by the same percentage as the variance in the IGT Rate Increases, if any. 111. PLAN will ultimately not retain any other portion of the TGT Rate Increases received from DHCS other than the Administrative Fee. c. Conditions for PROVIDER Receiving Local Range IGT Payments As a condition for receiving Local Range IGT payments, PROVIDER shall, as of the date the particular Local Range IGT Payment is due: i. continue to prnvide emergency transp ort services to Members promptly and in a ma nner that ensmes acces s to care consistent with PROVIDER's regular bus iness practices for prnviding such services; and ii. not discriminate against Members or in any way, inclt1ding based on type of insmance, or impose limitations on the acceptance of Members for care or treatment that arc not impos ed on other patients of PROVIDER. D. Schedule and Notice of Transfer of Non-Federal Funds i. PROVIDER shall provide PLAN with a copy of the schedul e regarding the transfer of funds to DHCS refcncd to in the Intergovernmental Agreement within fifteen (15) ca lendar days of establishing such a schedule with DHCS . Additionally, PROVIDER sha ll notify PLAN in writing within seven (7) calendar days prior to any changes to an existing schedule with DHCS, including, but not limited to, changes to the amounts specified there in. ii. PROVIDER s hall provide PLAN with written notice of th e amount and date of the transfe r within seven (7) calendar days after funds have been tran sfened by PROVIDER to DHCS for use as the nonfederal s hare of any IGT Rate Increases. E. Form and Timing of Payments Page 2 of 8 72 PLAN agrees to pay Local Range IGT Payments owed to PROVIDER under this Agreement in the following form and according to the following schedule: i. PLAN agrees to pay the Local Range IGT payments to PROVIDER using the same mechanism through which compensation and payments are normally paid by PLAN to PROVIDER (e.g., electronic transfer). ii. PLAN will pay the Local Range IGT payments to PROVIDER no later than thirty (30) calendar days after receipt of the IGT Rate Increases from DHCS, unless PLAN cannot not make the payment until a later date based on no fault of PLAN, in which case PLAN will pay the Local Range JOT payment as soon as reasonably practicable. F . Consicle1·ation i. As consideration for the Local Range IGT payments, PROVIDER shall use the Local Range IGT payments solely as follows: a. The Local Range IGT payments are compensation for emergency ambulance services rendered to Members by PROVIDER between January I, 2024, and December 31, 2024 ("Payment Period"), and shall be used by PROVIDER solely to fund the costs that exceed the fee-for-service rates paid by PLAN for Medi-Cal-covered services provided to Members during the Payment Period. To the extent that total payments received by PROVIDER under this Agreement exceed the cost of Medi-Cal-covered services provided to Members by PROVIDER dming the Payment Period, the remaining Local Range IGT payment amounts shall constitute an overpayment, and PROVIDER shall return those funds to PLAN pursuant to Section l .K . ii. Both Parties agree that none of these funds, either originally from PROVIDER or the federal matching funds will be recycled back to PROVIDER'S general fund, the State of California ("State"), including DHCS, or any other intermediary organization. Payments made by Plan to PROVIDER under the terms of this Agreement constitute patient care revenues. G. Ovel'sight and Compliance Responsibilities i. PLAN's oversight responsibilities regarding PROVIDER's use of the Local Range IGT payments are limited to this section. PLAN shall request, within thirty (30) calendar clays after the end of each State fiscal year in which Local Range IGT payments were transferred to PROVIDER, a written confirmation that states whether and how PROVIDER complied with the provisions set forth in Section I .F. In each instance, PROVIDER shall provide PLAN with written confirmation of compliance within thirty (30) calendar days of PLAN's request. ii. PROVIDER shall ensure at all times that its use of Local Range IGT payments received under this Agreement complies with the terms of the Agreement, applicable laws, and Centers for Medicare & Medicaid Services ("CMS") and DHCS requirements. H. Cooperation Among Parties Page 3 of 8 73 i. Should disputes or disagreements arise regarding the ultimate computation 01· apprnpriateness of any aspect of the Agreement, including the Local Range IGT payments, PROVIDER and PLAN agree to meet and confer in good faith and cooperate in all respects to resolve the dispute and supp ort and preserve the Local Range IGT payments to the full extent possible on behalfof the safety net in Orange County. ii. If the Parties arc unable to resolve any dispute arising out of or relating to this Agreement under Section l .H.ii , either Party may submit the dispute for resolution exclusively thrnugh confidential, binding arbitration, instead of thrnugh tria l by court or jury, in Orange County, Califomia . The arbitration will be conducted by Judicial Arbitration and Mediation Services ("JAMS") in accordance with the commercial dispute rnles then in effect for JAMS; provided, however, that this Agreement shall contrnl in instances where it conflicts with JAMS's (or the applicable arbitration service's) rules. The arbitration shall be conducted on an expedited basis by a single arbitrator. In making decisions about discovery and case management, it is the Parties' express agreeme nt and intent that the arbitrator at a ll times promote efficiency without denying either Party the ability to present relevant evidence. In reaching and issuing decisions, the arbitrntor shall have no jurisdiction to make enors oflaw and/or legal 1·easoning 01· to give a remedy 01· award damages that would not be availRble to such prcvfliling Party in a court of law, nor will the arbitrator have the authority to award punitive, exemplary, or treble damages. The Parti es shall share the costs of arbitration equally, and each Party shall bear its own attorneys' fees and costs. 111. With the exception of any dispute that under applicable laws may not be sett led through arbitration, arbitration under Section l.H.ii is the exclusive method to resolve a dispute between the Parties al'ising out of or relating to this Agreement that is not resolved through the meet-and-confer processes. Notwithstanding the foregoing, either Party may institute proceedil1gs in a federnl or s tate com't of competent jlll'isdiction to seek temporary 01· preliminary injunctive relief to enforce the status quo in any dispute relating to this Agreement pending the resolution of that dispute through arbitration. iv. PROVIDER acknowledges that Government Code§ 911.2 requires a claim aga in st a government entity to be brought no later than one (I) year after the accrual of the cause of action. As such, the Parties agree that arbitration under Section I .H.ii must be initiated within one (I) year of the earlier of the date the dis pute arose, was discovered, or shou ld have been discovered with reasonable diligence; otherw ise, the dispute will be deemed waived, and the complaining Party sha ll be barred from initiating arbitration or other proceedings related to the dispute, including any civil action in state or federal court. The deadline to file arbitration shall not be subject to waiver, tolling, alteration, or modification of any kind or for any reason other than fraud. v. By agreeing to binding arbitrat ion as set forth in Section I.H.ii, the Parties acknowledge that they are waiving certain substantia l rights and protections which otherwise may be availab le if a dispute between them was determined by liti gation in a court, includi ng the right to a jury trial, attorneys' fees, and certa in rights of appeal. I. Reconciliation and O,1erpayment Page 4 of 8 74 i. Within one hundred twenty ( 120) calendar days after the end of each PLAN fiscal year in which PLAN made Local Range IGT payments to PROVIDER, PLAN shall perform a reconciliation of the Local Range IGT payments transmitted to the PROVIDER during the preceding fiscal year, including requesting PROVIDER to furnish proof of compliance with this Agreement and applicable laws, to cnsmc that the supporting amount of IGT Rate Increases were received by PLAN from DHCS. ii. PROVIDER agrees to retum to PLAN any overpayment of Local Range IGT payments made in error to PROVIDER within thirty (30) calendar days after receipt from PLAN of a written notice of the overpayment error, unless PROVIDER submits a ·written objection to PLAN. Any such objection shall be resolved in accordance with the dispute resolution process set forth in Section I .H. 111. PROVIDER shall report to PLAN any overpayment received under this Agreement and identified by PROVIDER and to repay such overpayment lo PLAN within sixty (60) days of such identification by PROVIDER. PROVIDER acknowledges and agrees that, if PLAN determines that an amount has been overpaid 01' paid in duplicate, or that funds were paid which were not due under this Agreement to PROVIDER, PLAN may recover such amounts from PROVIDER by recoupment or offset from current or futme amounts due from PLAN to PROVIDER under any contract between the Parties, after giving notice and an opportunity to return/pay such amounts. iv. The reconciliation process established under this section is distinct from the indemnification provisions set forth in Section l .J below. PLAN agrees to transmit to the PROVIDER any underpayment of Local Range IGT payments within thirty (30) calendar days of PLAN's identification of such underpayment. J, DHCS Payment and Indemnification i. PROVIDER agrees to and acknowledges the following: (I) PLAN has no obligation to make any payments hereunder until PLAN has received IGT Rate Increases from DHCS; (2) PLAN is not responsible for DHCS payments to PLAN, including any mathematical calculations made by DHCS, and (3) PLAN is not responsible for the timing of the payments from DHCS to PLAN (including the conditions precedent to the timing of such payments, which includes the timing of DHCS submission to CMS and/or CMS review and approval). In addition, PLAN and PROVIDER agree and acknowledge that nothing herein is intended to create an obligation on the part of PLAN to agree to delays in capitation payment(s) from DHCS in order to accommodate payments under this Agreement. ii. Each Party agrees to defend, indemnify, and hold each other and DHCS harmless with respect to any claims, costs, damages and expenses, including reasonable attorneys' fees, that are related to or arise out of (i) the negligent or willful performance or non-performance by the indemnifying Party of any functions, duties, or obligations of the Party under this Agreement, or (ii) a Party's violation of applicable law. 2. Term and Termination Page 5 of 8 75 A. 30, 2027. This agreement shall commence on the Effective Date and shall expire on June B. Either Party may terminate this Agreement upon thirty (30) days' prior written notice to the other Party if the other Party materially breaches a provision of the Agreement and does not cure the breach within the thirty (30)-day notice period. C. Either Party may terminate this Agreement without cause upon sixty (60) days' prior written notice to the other Party. 3, Miscellaneous P1·ovisions A. Any failure of a Party to insist upon strict compliance with any provision of this Agreement shall not be deemed a waiver of such provision or any other provision of this Agreement. To be effective, a waiver must be in writing and signed and dated by the Parties . B. Neither Party may assign this Agrcement1 either in whole or in part1 wilho\1t the prior written consent of the other Party. C. This Agreement may only be amended in a writing signed by both Parties. D. Any notices required or permitted under this Agreement shall be in writing and delivered to the addresses set fo11h below in this Section 3.D . Any notice not related to termination of this Agreement may be sent electronically to the other Party's e-mail address listed in this section or such other address as may be provided by a Party to the other Party from time to time. If notice relates to termination of this Agreement, such notice shall be sent by registered or certified mail, postage prepaid, return receipt requested, 01· by any other overnight delivery service that delivers to the noticed destination and provides proof of delivery to the sender. All notices sent to the addresses set forth in this section shall be effective (i) when first received by the Party, or (ii) upon refusal of delivery by the Party to which it was sent. Any Party whose address changes during the term of the Agreement shall promptly notify the other Party in writing. If PLAN cannot complete notice under this Section 3.D because PROVIDER's addresses are incorrect and/or PROVIDER failed to notify PLAN of the change, PLAN shall provide notice under this Section 3.D, i11cluding for Agreement termination, by making commercially reasonable efforts to deliver notice in any manner reasonably calculated to give PROVIDER actual notice, and notice shall be deemed delivered upon the completion of those effo11s. If to PLAN: 505 City Parkway West Orange, CA 92868 If to PROVIDER: 2000 Main Street Huntington Beach, CA 92648 E. Each Party shall be excused from performance hereunder for any period that it is prevented from meeting the terms of this Agreement as a result of a catastrophic occurrence or natmal disaster, including an act of war and e xcluding labor disputes (each a "Force Majeul'c Event"). A Party invoking this clause shall provide the other Party with prompt written notice of any delay or failure to perform that occurs by reason of a Force Majcure Event. If the Force Majeure Event continues for a period of ten (10) days, the Party unaffected by the Force Majeure Event may terminate this Agreement upon notice to the other Party. Page 6 of8 76 F. Each Party and any of its agents or employees of PROVIDER shall act in an independent capacity and not as officers, employees, or agents of the other Party under this Agreement. PROVIDER's relationship with PLAN under this Agreement is that of an independent contractor. PROVIDER's personnel performing services under this Agreement shall be at all times unde1· PROVIDER's exclusive direction and control and shall be employees and/or agents of PROVIDER . PROVIDER shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation, and similar matters. G. This Agreement shall be govemed by and constrned in accordance with all laws of the State of California. Subject to the restrictions in Section l .H, PROVIDER shall bring any and all legal proceedings against PLAN under this Agreement in California Stale comls in Orange County, California, unless mandated by law to be brought in federal court, in which case such legal proceeding s hall be brought in the Central District Comt of California. H. If any provision of this Agreement is rendered invalid or unenforceable by appliable laws or is declared null and void by any court or competent jurisdiction, the remainder of the provisions hereof shall remain in full force and effect as though the invalid or unenforceable parts · had not been included herein. I. This Agreement, including its recitals and attachments, constitutes the entire agreement between the Parties and supersedes and terminates any previous agreements between the Parties. All prior or contemporaneous agreements, pmmises, negotiations oi· representations, either oral 01· written, relating to the subject matter and period governed by this Agreement not expressly sel forlh herein shall be of no further force, effect, or legal consequence after the Effective Date . J. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original and all of 'rVhich together shall be deemed one and the same instrument. K. The persons executing this Agreement on behalfof the Parties warrant that they are duly authorized to execute this Agreement and that by executing this Agreement, the Parties arc formally bound. [signature page follows] Page 7 of8 77 SIGNATURES PLAN: CalOptima Health 08/27/2025 Date: ____ _ By: Yunkyung Kim, Chief Operating Officer PROVIDER: City of Huntington Beach By: Pal Burns, Mayor Date: P ·l_j-ZZ)z_s- Lisa Lane Barnes, City Clerk i -J3. 202-~ Date: ____ _ APPROVED AS TO FORM: fz..--Mike Vigliotta, City Attorney Date: ____ _ Page 8 of 8 78 Docuslgn Envelo pe ID: 53BA75AD-2403 -4263-86FB-3891 3 1 D03DCA October 3, 2025 Eric McCoy Fire Chief City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Dear Eric McCoy: tJ HCS CALI FO RNIA DEPARTMENT OF HEAL TH CARE SERVICES Michell e Baass I Di rect or The Department of Health Care Services (DHCS) has completed its calculation of the following: 1. Rating Period CY 2024 Voluntary Rate Range Program (service period of January 1, 2024, through December 31, 2024) payment transfer amounts for the Intergovernmental Agreement Regarding Transfer of Public Funds (Agreement), No. IGT-24-0013. As stated in Section 1.3 of the Agreement, the enrollment reconciliations will occur on an ongoing basis as updated enrollment figures become available. Actual enrollment will not be considered final until two years after December 31, 2024. 2 . Rating Period CY 2023 Voluntary Rate Range Program (service period of January 1, 2023, through December 31, 2023) payment transfer amounts for the reconciliation to Intergovernmental Agreement Regarding Transfer of Public Funds (Agreement), No. IGT-23-0008. As stated in Section 1.3 of the Agreement, the enrollmen t reconciliations will occur on an ongoing basis as updated enrollment figures become available. Actual enrollment will not be considered final until two years after December 31, 2023. Based on the above calculations, and as provided in the above referenced Agreements, DHCS is requesting that City of Huntington Beach transfer funds in the amount of $722,804 to DHCS by no later than Friday, November 21, 2025. Detailed invoices are attached to the email communications . Please transfer the above Total Amount to the following: California Department of Health Ca re Services Capi t at ed Rates Devel o p ment Divisio n 1501 Capito l Avenue, P.O. Box 997413 Sacramento, CA, 95899-7413 M S 4413 I Phone (916) 345-7070 I Fax (916) 650-6860 https ://www.dhcs .ca .gov/ State of California Gavin New som, Governor Ca lifornia Health and H uman Se rvices Agency 79 Docusign Envelope ID: 53BA75AD-2403-4263-86FB-389131003DCA U .S . Ba nk 1 California S tree t, Suite 100 Sa n Fra nc isco , CA 94111 For Credit: Department of Health Care Services Account Number: Routing Number: For Further Credit to: Department of Health Care Services Reference: CY 2024 Voluntary Rate Range Program Invoice We require Governmental Funding Entity provide a 48 -hour adva nce noti ce via e-mail prior to wiring any funds over 5 million dollars. As requested by the State Treasurer's Office (STO), all ACH/wires must be transmitted prior to 10:00 a.m. on the date of payment. Please note: DHCS would prefer Automated Clearing House (ACH) payments, instead of wires. Once the Governmental Funding Entity has transferred funds to the specified account above , please email Vivian Beeck at Vivian.Beeck@dhcs .ca .gov ; and Scott Gale at Scott.Gale@dhcs.ca .gov with the completed transaction information. If you have any questions regarding the Intergovernmental Transfer Agreement, please contact Vivian Beeck via email shown above. Sincerely, ("':DocuSlgned by: L~=,!o~~ Michael Jordan Staff Services Manager 111 Capitated Rates Development Division Department of Health Care Services P.O. Box 997413, MS 4413 Sacramento, CA 95899-7413 Enclosures cc: Vivian Beeck Staff Services Manager I Capitated Rates Development Division Department of Health Care Services P.O . Box 997413, MS 4413 Sacramento, CA 95899-7413 80 City of Huntington Beach Agreement: Health Plan CalOotima CalOptima CalOptima CalOotima CalOotima CalOotima CalOptima CalOotima CalOotima CalOPtima CalOptima CalOptima CalOotima CalOoUma CalOotima CalOptima CalOptlma IGT-24 -0013 Rating Region Oranae OrallQe Orange Orange Oranae Oranqe Oranqe Orange Orange Oranae Orall!le Ora11Qe Orange Oranae Oranqe Orange Orange Category o f Aid Child Child Adult Adult Adult Expansion Adult Exoonslon SPD SPD SPD Dual SPD Dual LTC LTC LTC Dual LTC Dual WCM WCM Eat. F E Total Total CY 2024 (January 2024 -December 2024) Section 1 Amount SIS/UIS SIS UIS SIS UIS SIS UIS SIS UIS SIS UIS SIS UIS SIS UIS SIS UIS CY 2024 (J anuary 2024 -December 2024) Section 3 Amount under the Agreement: Total CY 2024 (January 2024-December 2024) Section 1 Amount (above) Less amount not subject to fee (Section 3.2) Basis for 20% Assessment Fee 20% Assessment Fee (Basis • 20%) Contribution PMPM $ 0.04 $ - $ 0 .08 $ 0 .06 $ 0.02 $ 0.01 $ 0 .27 $ 0.17 $ 0.10 $ 0.03 $ 0.27 $ 0 .17 $ 0.11 $ 0.03 $ 0.34 $ 0.12 Total CY 2024 Amount (January 2024 -December 2024) as of 09/2025 Estimated Member Months Balance remaining f rom CY 2023 January 2023 -December 2023 (+/-) Total Payment Transfer Amo unt Estimated Member Estimated Months' Contribution (N on - Federal Sha re) 3,094,165 s 123,767 180,246 s 1,001,505 s 80,120 6 12,203 s 36,732 3,265,522 $ 65,310 741,574 $ 7.416 405,714 $ 109,543 114,957 s 19,543 1,244,631 s 124,463 11,002 s 330 1,976 s 534 1,419 $ 241 26,872 $ 2,956 309 s 9 112,547 s 38,266 4,114 s 494 10,818,758 $ 609,724 $ 609,724 $ 609,724 $ $ 609,724 $ 121,945 $ 731,669 $ (8,865) $ 722,804 81 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-854 MEETING DATE:11/4/2025 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: Adopt Ordinance No. 4342 Prohibiting the Sale and Distribution of Nitrous Oxide - Approved for introduction October 21, 2025, by a vote of 7-0 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: Adopt 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 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 10/29/2025Page 1 of 2 82 File #:25-854 MEETING DATE:11/4/2025 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 10/29/2025Page 2 of 2 83 84 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 85 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 86 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 87 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 Ordinance No. 4342 Prohibiting the Sale or Distribution of Nitrous Oxide October 21, 2025 88 Prohibit the Sale or Distribution of Nitrous Oxide • October 7, 2025 - Councilmember Item (Van Der Mark, Twining and Kennedy) proposes prohibiting the sale or distribution of Nitrous Oxide within Huntington Beach • Nitrous Oxide • Widely Available as “Culinary Use” • Virtually no Point-of-Sale restrictions • Short Term Effects • Nausea, blackouts, impaired motor control, disorientation • Long Term Effects • Nerve damage, paralysis, cognitive impairment, death • Huntington Beach Impact • 400% increase in Nitrous Oxide related arrests since 2023 89 • Sale or Distribution Prohibited • Neighboring Jurisdictions—Santa Ana, Costa Mesa, Newport Beach, and the County of Orange all have adopted ordinances • Penal Code 381(b) prohibits possession of Nitrous Oxide for intoxication • Culinary loophole allows it to be sold as “Whipped Cream Charger” • Packaged and marketed to children • Flavored as bubblegum and orange creamsicle—Chefs do not use • Ordinance No. 4342 • Prohibit the sale or distribution to any person Nitrous Oxide or a device to dispense Nitrous Oxide • Exceptions: Wholesale sale for commercial use in food preparation, use in medical or dentistry settings, use in a vehicle to enhance performance of the vehicle, or being sold by a licensed pharmacist Prohibit the Sale and Distribution of Nitrous Oxide 90 Recommended Action Introduce Ordinance No. 4342 for first reading, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding New Chapter 9.94 Thereof Prohibiting the Sale or Distribution of Nitrous Oxide,” and pass to a second reading on November 4, 2025. 91 Questions? 92 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-819 MEETING DATE:11/4/2025 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:Bob Milani, Principal Civil Engineer Subject: Approve and accept the Public Improvements, Release the Sureties , and Accept a Guarantee and Warranty Bond for the Shorehouse Residential Subdivision (Tract 18068) Statement of Issue: C3 DLG 414 Main Street, LLC, the developer of Tract 18068 located at 414 - 424 Main Street, has completed construction of all required public improvements and is now eligible to receive a release of sureties and bonds pursuant to the provisions of the Subdivision Map Act. Financial Impact: No funding is required for this action. Recommended Action: A) Accept the improvements constructed and dedicated for public use with Tract 18068, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements (Attachment 2) with the Orange County Recorder; and, B) Accept Guarantee and Warranty Bond No. PB02497501239-M (Attachment 3); the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, C) Instruct the City Treasurer to release the Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239, and Monument Bond No. PB02497501240; and, D) Instruct the City Clerk to notify the developer, C3 DLG 414 Main Street, LLC, of this action, and the City Treasurer to notify the surety company, Philadelphia Indemnity Insurance Company, of this action. City of Huntington Beach Printed on 10/29/2025Page 1 of 3 93 File #:25-819 MEETING DATE:11/4/2025 Alternative Action(s): Provide staff alternate direction, noting that the City will need to comply with the Subdivision Map Act, whereby: Section 66499.9 of the State of California Government Code requires the guarantee and warranty of the work for a period of one year following completion and acceptance of the improvement(s), against any defective work, labor and materials furnished. Denying the acceptance of the Guarantee and Warranty Bond may place an undue burden and cost upon the City for correcting any defective work, labor and materials furnished by the subdivider. Analysis: On January 23, 2018, the Planning Commission approved Tentative Tract Map No. 18068 to subdivide approximately 0.42 acres into one numbered lot for condominium purposes. The Planning Commission also recommended approval of Conditional Use Permit No. 17-008 and Coastal Development Permit No. 17-003 as part of the proposed project. Subsequently, on February 1, 2021, the City Council approved Final Tract Map No. 18068, approved execution of the Subdivision Agreement between the City of Huntington Beach and C3 DLG 414 Main Street, LLC, and accepted the project’s required Faithful Performance Bond, Labor and Material Bond , and Monument Bond. The developer has now completed all required public improvements and is requesting the release of the aforementioned sureties, pursuant to California Government Code Section 66499.7(a). The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends the acceptance of these improvements. The improvements along Main Street and the rear alley public frontages include: curbs, gutters, sidewalks, pavement as well as public water, sewer, and storm drain facilities. Pursuant to the project’s conditions of approval, C3 DLG 414 Main Street, LLC has provided the Guarantee and Warranty Bond No. PB02497501239-M as a surety for the one-year warranty period and is now requesting acceptance of this bond. Project data Developer: C3 DLG 414 Main Street LLC, 1024 Bayside Drive, Suite 365, Newport Beach, CA 92660 Engineer: Jones, Cahl & Associates, 18090 Beach Blvd. #12, HB CA 92648 Surety: Philadelphia Indemnity Insurance Company, One Bala Plaza, Suite 100, Bala Cynwyd, PA 19004-0950 Location: 414 - 424 Main Street (east side of Main Street between Orange Avenue and Pecan Avenue 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. City of Huntington Beach Printed on 10/29/2025Page 2 of 3 94 File #:25-819 MEETING DATE:11/4/2025 Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map 2. Notice of Acceptance of Public Improvements (Tract No. 18068) 3. Guarantee and Warranty Bond No. PB02497501239-M 4. PowerPoint Presentation City of Huntington Beach Printed on 10/29/2025Page 3 of 3 95 96 . ~ . (/) ~ (/) >-w z w ::r::: -_J ~ ~ <( _J <( (D 2 <( _J ORANGE AVE. VICINITY MAP NOT TO SCALE 97 Recording requested by, and when recorded return to: Lisa Lane Barnes, City Clerk Office of the City C lerk CITY OF HUNTINGTON BEACH P.O. Box 190 -2000 Main Street Huntington Beach, Ca. 92648 (Space above this line for Recorder 's use only) ACCEPTANCE OF PUBLIC IMPROVEMENTS (Huntington Beach Zoning and Subdivision Ordinance Section 255.22) PLEASE TAKE NOTICE THAT, on October 10, 2025, the City Engineer considered the subdivision improvements described below, and found them to have been completed satisfactory and accepted, as limited by Huntington Beach Zoning and Subdivision Ordinance Section 255.22(A), the improvements for public use. Further, the public improvements for the subdivision(s) have been dedicated to the City of Huntington Beach, as described on Final Tract Map No. 18068 . Public improvements constructed consist of: a. All frontage improvements along Main Street and the rear alley (Curb, gutter, sidewalk, paving, etc.) and all new public utilities (storm drain, water and sewer). The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action taken at the November 4, 2025 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest _____________ , 2025 City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California By ------------ 98 BON D NO . PB0249750 1239-M PREMIUM --~0-_____ _ G UARA NTEE A NO WARRANTY BONO WHEREAS, C3 DLG 414 Main Str eet LLC , as a Principal , and P h ilade lphia Indemnity Insu rance Company ,a corporation organized under the laws of the State of Commonwea lt h of Pennsylvania and duly authorized to do business in the State of California , as Surety, are held and firmly bound unto the City of Huntington Beach, California, as Obligee , in the penal sum of Ninteen Thousand _F_o_u_r_H_u_n_d_re_d_S_e _ve_n_t_ee_n_a_nd_4_0_/1_0_0 _____ , representing 1 O percent of the contract price entered into between the Principal and Obligee, to which payment well and tr uly to be made we do bind ourselves, and each of our heirs, executors , administrators, successors and assigns jointly and severally. WHEREAS, the said Principal entered into a contract with said Obligee, dated ___ _ -~F_e _br_u_a~ry~1,~2_0_2_1 ___ for work described as follows : WHEREAS , said contract provides that the Principal will furnish a bond conditioned to guarantee and warrant for the period of one year after completion of the work and acceptance thereof by the Obligee , against all defects in workmanship and materials during said one-year period. WHEREAS , said work has been completed , and accepted by Obligee on _____ _ NOW, THEREFORE , the Principal and Surety, jointly and severally shall i ndemnify the Obligee for all loss that the Obligee may sustain by reason of any defective materials or workmanship , which become apparent during the period of one year from and after date of completion of work and acceptance thereof by Obligee. In witness whereof, this instrument has been duly executed by the p rincipal and surety above named , on --~F~e~b~ru=a=ry~1~1----~· 20_2_5 __ _ APPROVED AS TO FORM By: \: >::: MICHAEL J. Y IGLIOTTA C ITY ATTORNEY CITY OF HUNTINGTON BEACH By_...::,..:.=c.=..-1-=t~,_,__-><-.=,,,.'""'-":..e:::...o===-- Phi By~.d!..1.£;)<!,,::~...:_.....Lt!::1.!2!...!t..: ____ _ Cheryl L. Thomas , Attorney-I n-Fact 99 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) ON r/Y\nrct n' "ZoZ:S/ BEFORE ME, _n~v~\o=r~l~ .. ~P,~O=.Vv-'[+c/ _______ , A f f NOTARY PUBLIC IN AND FOR SAID STATE. PERSONALLY APPEARED ,J;v rz,,'1 3. ;:,ec-Dct:':>S·f, AND ',</ ------ PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES, AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT WITNESS MY H~r:i.,i:>/41 SIGNATURE /"l~,< NOTARY PUBLIC IN AND.,FOR SAID ATE STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) MY PRINCIPAL PLACE OF BUSINESS IS IN ________ COUNTY ON ______ ~ BEFORE ME,---------------~ A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED _____ _ ___________ AND _______________ _ PROVED TO ME ON THE BASIS OF STATISFACTORY EVIDENCE TO BE THE PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE WITHIN INSTRUMENT AND ACKNOWLEDGES TO ME THAT THEY EXECUTED THE SAME IN THEIR AUTHORIZED CAPACITIES. AND THAT BY THEIR SIGNATURES ON THE INSTRUMENT THE PERSONS, OR THE ENTITY UPON BEHALF OF WHICH THE PERSONS ACTED, EXECUTED THE INSTRUMENT. WITNESS MY HAND SIGNATURE___________ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ________ COUNTY ***See Attached CA All Purpose Acknowledgment*** PRINTED NAME MY COMMISSION EXPIRES ___ _ 2 100 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of ORANGE on MARCH 17, 2025 before me, MARK PAULY, NOTARY PUBLIC (insert name and title of the officer) personally appeared JERZY J. SECOUSSE who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. l @,'"'• MARK PAULY I : . COMMISSIQN #2412990 i . · , Nota,y Public -California I, ,: · l,• ORANGE COUNTY -J · My Commission Expires I AUGUST 15, 2026 (Seal) 101 ALL -PURPOSE CERT IFICATE OF ACKNOWLEDGMENT A not ary public or ot her officer comp leting th is cert ifi cate v erifies on ly the identity of the individual w ho s igned the docum ent to w hich th is certifi cate is attached , and not the truthfu lness , accu ra cy , or validity of that documen t. State of California } County of _O_r_a_n~g_e _______ _ } On February 11 , 20 2 5 before me , W . Walker, Nota Publi c Here msen name and tiUe of the officer) personally appeared _C_h_e~ry'-I_L_. _T_h_o_m_a_s _______________ _ who proved to me on the basis of satisfactory evidence to be th e personts} whose namets} isf8fe subscribed to the within instrument and acknowledged to me that he/she/they executed the same in rnslher/#tetf authoriz ed capacityftes-}, and that by m /herftheif signaturefs, on the instrument the personEs1 , or the en tity upon behalf of which the personfs-} acted , e x ecuted the instrument. I certify under PENAL TY OF PERJURY under the law s of the State of Californ ia t hat the foregoing paragraph is true and corre ct. WITNESS my hand and official seal. la· w. WALK ER. -1 -COMM. #248 4 0 32 z fi 11> Notary Publ ic · California ~ z ,_ Orange County ~ 1 -0 .,,.0 , 0 0 My C~m"J· E; pises Mar. 30.: 2~28 [ N otary Pu bl ic Signature (Notary Public Sea l} ADDITIONAL OPTIONAL INFORMATION DESC RIPTION OF TH E ATTACHED DOCUMENT INST RUCT IONS FOR COM PLETI NG TH IS FORM This for m complies with current Californ ia sta/u/es regarding notary wording a nd , if needed. sho uld be compleied a nd a 11ach ed lo /he docum enl. Acknolwedgenlsfrom o lher states m ay be comp leled for documents being se/11 lo thal state so long as !he wording does not require /he Ca lifornia 11ota,y to violate California 11ot01 y law. C3 DLG Develo pment LLC (Title or description of attach ed document} Bond #: PB0249 7 50123 9-M (Title or description of attached document continued} Number of Pages _1_ Document Date 2/11 /25 CAPACITY CLAI MED BY T HE SI GN ER D Individu al (s) D Corp orate Offi ce r (Titl e) D Pa rtner(s) 0 Attorney-in-Fact □ T rustee (s) □ Other _________ _ • Stale and County infonnation m ust be the State and Coun ty where the documen t signer(s) persona lly appeared before th e notary pu blic for acknowledgment. • Date of notarization must be the date that the signe r(s) personally appeared which must also be the same dat e the acknowledgment is completed. • The notary public must print his or h er name as it appears within his or he r comm ission followed by a comma and then your t itle (notary public). • Print the name(s) of document signer(s) who personally appear at the time o f notarizat ion. • Indicate the correct singular or plural fonns by crossing off incorrect fonns (i .e. he/she/they, is /are ) or circling the correct forms. Failure to correctly indicate th is infonnalion may lead to rejection of document recording. • The notary seal impression must be clear and photograph ically reproducible. Im pression must not cover text or lines. l f seal impression s mudges, re-seal if a sufficient area penn its, otherwise complete a different acknowledgment form . • Signature of the notary public m ust match the s ign ature on file with the office of th e county c lerk. ❖ Addit iona l infonnatio n is no t required but could help to ensure this acknowledgment is not misused or attached to a different document. ❖ Indicate ti tle or type of attached document, number of pages and date. ❖ Indicate th e capacity claimed by the signer. If the claimed capacity is a corporate officer. ind icate the title (i.e. CEO, C FO, Secretary). • Securely a ttach this document to the signed doc ument with a staple. 102 PHILADELPHIA INDEMNITY INSURANCE COMPANY One Bala Plaza, Suite I 00 Bala Cynwyd, PA ! 9004-0950 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COl.\tlPANY (the Company}, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby constitute and appoint Todd M. Rohm, Shane Wolf, Cheryl L. Thomas, Beata A. Sensi, Cathy S. Kennedy and Wrenetta Walker of ROHM Insurance Agency, LLC, its true and lawful Attorney-in-fact with full authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereoC issued in the course of its business and to bind the Company thereby, in an amount not to exceed $501000,000. This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHlA INDEMNITY INSURANCE COMPANY on the J4tl, of November 2016. RESOLVED, FURTHER RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company:(!} Appoint Attorney(s) in Fact and authorize the Attomey{s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS JNSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 5TH DAY OF OCTOBER 2024. {Seal) Philadelphia Indemnity Insurance Company On this 5'1' day of October, 2024 before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authoriz{,-d officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY; that the seal affixed to said instrument is the Corporate sea! ofsald Company; that the said Corporate Seal and his signature were duly affixed. Commonwulth of Pennsylvania • Notlry Se;I Vanessa Mckenzie, Notary Public Delaware County My commission expires November 3. 2028 Commission number 136639J! Notary Public: residing at: My commission expires: Linwood, PA November 3, 2028 l, Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do hereby certify that the foregoing resolution of the Board of Directors and the Power of Allomey issued pursuant thereto on the 5'h day October 2024 are true and correct and are still in full force and effect. I do further certify that John Glomb, who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. In Testimony Whereof I have subscribed my name and affixed the facsimile seal of each Company this 11th . day of February Edward Sayago, Corporate Secretary PHILADELPHIA INDEMNITY INSURANCE COMPANY Tract 18068 Shorehouse Residential Acceptance of Public Improvements and Release of Surety Bonds Department of Public Works November 4, 2025 103 BACKGROUND • On January 2018, the Planning Commission approved Tentative Tract Map No. 18068 to subdivide the subject property into an approximately 0.42-acre parcel into one lot for condominium purposes. • On February 1, 2021, the City Council approved Final Tract Map No. 18068, approved execution of the Subdivision Agreement between the City of Huntington Beach and C3 DLG 414 Main Street, LLC, and also accepted the project’s required Faithful Performance Bond, Labor and Material Bond, and Monument Bond 104 LOCATION MAP 105 1- (f) ::r f c.o z <( 2 >w _J _J <( w ~ <( _J ORANG E AV E. VICINITY MAP NOT TO SCALE NEED/WHY/BENEFITS • The developer has now completed all required public improvements and is requesting the release of the aforementioned sureties, pursuant to California Government Code Section 66499.7(a). • The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved project plans and specifications and recommends the acceptance of these improvements. 106 DETAILS • The constructed public improvements along Main Street and rear alley frontages include: • Curbs, gutters, sidewalks, and pavement; • Public water, sewer, and storm drain facilities within the public frontages • Pursuant to the project’s conditions of approval, C3 DLG 414 Main Street, LLC has provided Guarantee and Warranty Bond No. PB02497501239-M as a surety for the one-year warranty period and is now requesting acceptance of this bond. 107 RECOMMENDATION A) Accept the improvements constructed and dedicated for public use with Tract 18068, and instruct the City Clerk to record the Notice of Acceptance of Public Improvements with the Orange County Recorder; and, B) Accept Guarantee and Warranty Bond No. PB02497501239-M, the surety furnished for guarantee and warranty of public improvements; and instruct the City Clerk to file the bond with the City Treasurer; and, C) Instruct the City Treasurer to release the Faithful Performance Bond No. PB02497501239, Labor and Material Bond No. PB02497501239, and Monument Bond No. PB02497501240; and, D) Instruct the City Clerk to notify the developer, C3 DLG 414 Main Street, LLC, of this action, and the City Treasurer to notify the surety company, Philadelphia Indemnity Insurance Company, of this action. 108 Questions? 109 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-836 MEETING DATE:11/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Jennifer Villasenor, Director of Community Development Eric McCoy, Fire Chief PREPARED BY:Jasmine Daley, Building Official Subject: Approve for Introduction Ordinance No. 4343 Adopting the 2025 Model California Construction Codes and Schedule a Public Hearing for December 16, 2025 Statement of Issue: The State’s Health and Safety Code requires local governments to adopt the most recent editions of the model codes related to construction. The construction codes include: the California Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Wildland-Urban Interface, Existing Building, Green Building Standards, Referenced Standards, Fire, Uniform Solar, Hydronics and Geothermal Code, and the Uniform Swimming Pool, Spa, and Hot Tub Code. If City Council approves the attached ordinance, the most recent editions of the California construction codes with the applicable amendments will become effective in January 2026, as required by State law. Financial Impact: The adoption of the proposed Codes will not have any fiscal impact on the City’s budget. Recommended Action: A) Approve for Introduction Ordinance No. 4343, “An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code, Title 17 - Buildings and Construction by Reference and Ordinance Nos. 4268 and 4270” (Attachment No. 1) and, B) Direct that a Public Hearing be set for the adoption of Ordinance No. 4343 on December 16, 2025. Alternative Action(s): Do not approve for introduction Ordinance No. 4343 of the City Council of the City of Huntington Beach. The 2025 CA Codes will automatically be in effect on January 1, 2026 without City amendments. Analysis: Construction codes that regulate the health and safety of the structures in our city are publishedCity of Huntington Beach Printed on 10/29/2025Page 1 of 3 110 File #:25-836 MEETING DATE:11/4/2025 City of Huntington Beach Printed on 10/29/2025Page 2 of 3 111 File #:25-836 MEETING DATE:11/4/2025 Environmental Status: The project involves adoption of an ordinance to incorporate the California Building Code update into the Huntington Beach Municipal Code. The project is exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), which exempts projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. The project is also exempt pursuant to City Council Resolution No. 4501, which supplements the CEQA Guidelines Section 15320, Class 20, and states that projects involving "adoption of ordinances (except zoning) which establish or amend procedures for reviewing an activity or which require subsequent discretionary action which is subject to CEQA. .." are exempt. Strategic Plan Goal: Non Applicable - Administrative Item For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Ordinance No. 4343 (Includes Express Findings) 2. PowerPoint Presentation City of Huntington Beach Printed on 10/29/2025Page 3 of 3 112 113 ORDINANCE NO. 4343 AN ORDINANCE OF THE COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE, TITLE 17 -BUILDINGS AND CONSTRUCTION BY REFERENCE AND REPEALING ORDINANCE NOS. 4268 AND 4270 WHEREAS, Sections 13869.7, 17922 and 18935 of the California Health and Safety Code permits the City to make changes or modifications to the California Building Standards Code (Title 24) as necessary by making findings because of local topographical, geographical and climate conditions, The City Council of the City of Huntington Beach does hereby find and ordain as follows: SECTION 1. That the Ordinance Nos. 4268 & 4270 of the City of Huntington Beach entitled an Ordinance of the City of Huntington Beach Amending Title 17 of the Huntington Beach Municipal Code, Title 17 -Building and Construction, Adopting 17.02 (California Administrative Code), 17.04 (Building Code), 17.07 (Residential Code), 17.40 (Mechanical Code), 17.44 (Plumbing Code), 17.46 (Swimming Pool, Spa and Hot Tub Code), 17.48 (Electrical Code), 17.49 (Energy Code), 17.50 (Historical Building Code), 17.51 (Existing Building Code), 17.52 (Green Building Standards Code), 17.53 (Referenced Standards Code), 17.56 (Fire Code), and 17.60 (Uniform Solar, Hydronics and Geothermal Code) and all ordinances and parts of laws in conflict herewith are hereby repealed. SECTION 2. Purpose and Authority. Pursuant lo Health & Safety Code Sections 17922 and 18935, the State of California Building Standards Commission has approved the adoption on new model codes relating to design and construction for the protection of life and properly. The Building Standards Commission has advised the local jurisdictions that the State of California will adopt the 2025 Edition of the California Building Standards Code. Health & Safety Code, Division 12, Part 2. 7 (Fire Protection District Law of 1987), Section 13869.7, authorizes a local fire protection district to adopt ordinances with fire and panic safety requirements more restrictive than Title 24' s regulations adopted by the State Fire Marshal (SFM). The local ordinance must only establish more restrictive fire and panic safety regulations needed for local climatic, geological, or topographical conditions. Additional references: Health & Safety Code Section 18941.5 with reference to Health & Safety Code Section 17958.7 and California Building Code Sections 1.1.8 and 1.8.6.2. The purpose of this ordinance is to adopt by reference the 2025 California Building Code (California Code of Regulations Title 24, Parts 1-12) and certain supplemental regulations, subject to the definitions, clarifications, and the amendments set forth in this Ordinance. 114 ORDINANCE NO. 4343 SECTION 3. Findings, The following findings are hereby adopted in support of Chapter 17.56 of the Huntington Beach Municipal Code: The City of Huntington Beach is aware that due to climatic, geological and topographical conditions, there is potential for disasters and major fires within the City. The basis of conditions are found in the Local Hazard Mitigation Plan (LHMP) (2022). The following conditions will be considered: Severe Weather Drought Flood Justification B: Geological Coastal hazards Dam failure Methane Caused Hazards Seismic hazards Justification C: Topographical Human hazards A. Climatic Conditions: Medium High Medium Medium Medium Medium High Medium 1. Hot, dry, high velocity winds (called Santa Ana winds) are common in the area. These winds reduce the relative humidity causing severe drying of the vegetation and common building materials. These dry conditions predispose the area to large destructive fires (conflagration). High wind/windstorm events are predicted to continue to occur, and there is also the possibility of tornado and waterspout; the last tornado reported was in January 2010 with EF rating of Fl creating $500,000 in property damage). 2. The local climate is cunently in a drought condition. Most of Orange County, including Huntington Beach, are experiencing D2 (Severe Draught Conditions). All indications are that these hazards will continue. Dry climatic conditions can create the potential for the rapid spread of fire in both vegetation and structures. The addition of fire protection systems will supplement the Fire Department response by providing immediate protection for the building occupants and by containing or controlling the spread of fire. Fire sprinkler systems also provide an efficient use of water for the control and containment of fires. 3. The southern boundmy of the City is along the Pacific Ocean. Winter storms and tropical storms come into the City from the ocean. These storms can create high winds and large ocean waves, which can cause flooding in large areas of the city. 25-17052/392362 2 115 ORDINANCE NO. 4343 Along part of the eastern boundary of the City is the Santa Ana River. This river originates in the San Bernardino Mountains and flows through many communities until it terminates in the ocean at the Huntington Beach/Newport Beach border. The river is contained in a man-made channel. Heavy rainfall and urban runoff has potential to cause flooding in the flood plain due to the river and/or its tributaries. Despite flood control measures, flooding in Huntington Beach is expected to continue and the city remains vulnerable to larger flood events. B. Geological Conditions: I. The City of Huntington Beach is located in an area of high seismic activity. The Newport-Inglewood Fault runs through the City, which is the largest of several faults. Studies reveal that this fault has the probability of generating a 6.6 magnitude earthquake. Because of the population density and the number of structures in the City, the risk oflife loss and property damage due to earthquake activity is considerable. Experts predict a major earthquake in our area within the next 50 years. This situation creates the need for both additional fire protection measures and automatic on-site fire protection for building occupants since a multitude of fires may result from breakage of gas and electric lines as a result of an earthquake. As noted by "Planning Scenario on a Major Earthquake on the Newport-Inglewood Fault Zone, 1988, State Department of Conservation," page 59, "unfortunately, barely meeting the minimum earthquake standards of building codes places a building on the verge of being legally unsafe". 2. Much of the City is deemed to be in a methane district due to the natural detritus of organic matter in the Huntington Beach Oil Field, which was first discovered in I 920. As a result, soils in many parts of the city may contain elevated levels of methane gas. Two areas of Huntington Beach are designated as "methane districts" by the City, where there is known elevated levels of methane-containing soils. This hazard presents a unique threat to the City and has the potential to cause fire, or environmental emergencies. 3. Significant areas of Huntington Beach contain corrosive soils that reduce the expected usable life of water services when metallic pipes are exposed to these soils. 4. According to the Administrative Draft, Local Hazard Mitigation Plan (LHMP) (2022), the City has large portions in the tsunami hazard zone subject to tsunami inundation, areas on land that can become quickly flooded when there is a tsunami. These flood conditions would impact the response and activity level of the Fire Department or cause damage to the structures and infrastructures. 5. There are no dams in Huntington Beach. However, the city is in the floodplain of the Santa Ana River. There are two dams, Prado Dam and Seven Oaks Dam, which are located upstream of Huntington Beach on the Santa Ana River. Failure of either dam could cause damage in Huntington Beach. The primary threat to 25-17052/392362 3 116 ORDINANCE NO. 4343 Huntington Beach is from the failure of Prado Dam. If the dam were to experience a partial or complete failure event, the resulting flood would likely overtop the banks of the Santa Ana River. Depending on the amount of water released, the failure of Prado Dam could results in floodwaters inundating all of Huntington Beach except for the area roughly bordered by Beach Boulevard, Talbe1i Avenue, Edwards Street, and the shore. 6. Traffic and circulation congestion presently existing in the City of Huntington Beach often places fire depmiment response time to fire occurrences at risk. This condition will be exacerbated by any major disaster, including any emihquake wherein damage to the highway system will occur. This condition makes the need for additional on-site protection for property occupants necessmy. 7. Untreated wood roofs cause or contribute to serious fire hazard and to the rapid spread of fires when such fires are accompanied by high winds. Pieces of burning wooden roofs become flying brands, are carried by the wind to other locations, and thereby spread fire quickly. Past Grand Jmy Report findings support this concern. C. Topographical Conditions: 1. None used D. Administrative: 1. This amendment is necessmy for administrative clarification as permitted by Health and Safety Code section 17958, and does not modify a Building Standard pursuant to the California Health and Safety Code Sections 17958, 17958.5 and 17958.7. This amendment establishes administrative standards for the effective enforcement of building standards throughout the City of Huntington Beach. 2. The California Model Building Security Ordinance (CMBSO), published in Janumy 1978, was drafted by the California Crime Prevention Oflicers Association in conjunction with the California Attorney General's Office and addresses both residential and nonresidential structures. Many cities and counties have adopted the CMBSO, receiving national exposure through manufacturers associations and publications in crime prevention literature. The City of Huntington Beach adopted the Building Security Ordinance and notified all builders concerning the code. 25-l 7052/392362 4 117 ORDINANCE NO. 4343 Chapter/ Amendment Summary Findings Section History HBMC 17.04-BUILDING CODE [A] 103.1 Existing Creation of Enforcement Agency Administrative (amended by changing division name to D-1 Department of Community Development BuildinQ Division \ [A] 105.2 Existing Work Exempt from Permit D-1, B-1 [A] 105.3.2 Existing Time Limitation of Application Administrative D-1 [A] 105.5 Existing Expiration Administrative D-1 [A] 107.2.1.1 Existing Construction Documents -Building Administrative Securitv D-2 [A] 107.2.1.2 Existing Construction Documents -Methane D-1, B-2 Overlay District [A] 107.2.9 Existing Construction Documents -Soils Report D-1, B-1, B-2, B-3 [A] 109 Existing Fees Administrative D-1 [A] 113.1 Existing Board of Appeals Administrative (clarification) D-1 901.1 Existing Fire Protection System -Scope A-2, B-6 (referencinq HB Fire Code) 1505.1 Existing Minimum Roof Covering A-1, A-2, B-1, (Clarifying Class "B" minimum roof B-6, B-7 coverina\ 1505.1.3 Existing Roof Covering Within all Other Areas A-1, A-2, B-1, (Clarifying Class "B" minimum roof B-6, B-7 coverina\ Chapter 45 Existing Building Security Administrative D-2 Chapter 55 Existing Methane District Regulations B-2 HBMC 17.07-RESIDENTIAL CODE R103.1 Existing Creation of Enforcement Agency Administrative (amended by changing division name to D-1 Department of Community Development Buildinc::i Division) R105.2 Existing Work Exempt from Permit D-1, B-1 R105.3.1.1 Existing Determination of substantially improved D-1, A-3, B-4, or substantially damaged existing B-5 buildings in flood hazard areas (Section deleted since this section has to meet with the Floodplain Overlay District requirements of the Zoning Code) 25-17052/392362 5 118 ORDINANCE NO. 4343 R105.3.2 Existing Time Limitation of Application Administrative D-1 R105.5 Existing Expiration Administrative D-1 R106.1.6 Existing Construction Documents -Building Administrative Security D-2 R106.1.7 Existing Construction Documents -Methane D-1, B-2 Overlay District R106.1.8 Existing Construction Documents -Soils Report D-1, B-1, B-2, B-3 R108 Existing Fees Administrative D-1 R112.1 Existing Board of Appeals Administrative D-1 R301.1.3.2 Existing Engineered Design B-1 Table Existing Climatic and Geographic Design B-1 R301.2(1) Criteria and Manual J Design Criteria completed for Huntinqton Beach Table Existing Completed Table for the Flood Hazard A-3, B-4, B-5 R301.2(1) areas based on the Floodplain Overlay Footnote q District R313.1 Existing Townhouse Automatic Fire Sprinkler A-2, B-6 Systems (amended to reference HB Fire Code) R313.2 Existing One-and Two-Family Dwellings A-2, B-6 Automatic Fire Sprinkler Systems (amended to reference HB Fire Code) R322.1 Existing Flood-Resistant Construction (amended A-3, B-4, B-5 to included the Floodplain Overlay District and Local Coastal Proqram) R902 Existing Roof Fire Classification A-1, A-2, B-1, (amended to coordinate with the B-6, B-7 Buildinq Code for requirements) Chapter 45 Existing Building Security Administrative (amended to reference to the Building D-2 Code for requirements) Chapter 55 Existing Methane District Regulations (amended B-2 to clarify that this section is also applicable to residential structures and referencing to the Building & Fire Codes). HBMC 17.40-MECHANICAL CODE Chapter 1 Existing Administration Administrative (amended to reference the Building D-1 Code) HBMC 17.44-PLUMBING CODE Chapter 1 Existing Administration Administrative (amended to reference the Building D-1 Code) 25-17052/392362 6 119 ORDINANCE NO. 4343 312.1 Existing Protection of Piping, Materials and A-3 Structures (amended by requiring underground conner and PEX tubino to be sleeved) HBMC 17.46-SWIMMING POOL, SPA AND HOT TUB CODE Chapter 1 Existing Administration Administrative (amended to reference the Building 0-1 Code) 108 Existing Authority to Abate Administrative (amended by relocating to the 0-1 annrooriate Section) Chapter 2 Existing Definitions Administrative (amended by adding additional 0-1 definitions l 301.2.4 Existing Fuel Gas Piping Administrative (amended to include Mechanical Code) 0-1 402.3 Existing Structural Design 0-1, B-1 512.1 Existing Wastewater Disposal Administrative (added an exception for spas and hot 0-1 tubs under 750 aallons) 803 Existing Barrier Requirements Administrative (amended to reference to the Building 0-1 Code) HBMC 17.48-ELECTRICAL CODE Chapter 1 Existing Administration Administrative (amended to reference the Building 0-1 Code) 250.52(A)(5) Existing Grounding Electrodes D-1, B-1, B-2, B-3 690.13(A) Existing Location of Disconnect A-1, A-2, A-3, B-1, B-2, B-3, B-4, B-5, B-6, B-7 HBMC 17.51 -EXISTING BUILDING CODE Chapter 1 Existing Administration Administrative (amended to reference the Building 0-1 Code) HBMC 17.52-GREEN BUILDING STANDARDS CODE Chapter 1 Existing Compliance with CALGreen Recycling Administrative Requirements 0-1 25-17052/392362 7 120 ORDINANCE NO. 4343 HBMC 17.56-FIRE CODE Chapter 1 Existing IFC Chapter 1 sections not adopted D-1 by CA, with no amendments from IFC 101.1 Existing Establishes HB Fire code D-1 102.7 Existing Adds City Specifications into D-1 Referenced Standards and Codes. 103.1 Existing Establishes the fire code official as D-1 official in charge. 105.5.38 Existing Open Flame permit amended to remove D-1 candles. 105.5.47 Existing Repair garage and motor fuel-D-1 dispensing facilities amended to add repair garage without motor fuel- dispensing. 105.6.25 Existing Requires a construction permit for D-1 methane mitigation systems 113.4 Existing Violation penalties refer to Ch 1.16 D-1 and Ch 1.18 of HBMC Chapter 3 New IFC Chapter 3 sections not adopted by D-1 CA with local amendments, except Section 311. 5 Placards is not adopted 324 Existing Development on or near land containing B-2 or emitting toxic, combustible or flammable liauids, aases or vaoors 325 Existing Parade floats added for parade fire A-6 safety 503.1.1 Existing Allows longer hose-pull allowances from A-1, A-2, A-6 fire hydrants meeting certain conditions 503.2 Existing Refers to City Specification A-6 503.2.1 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 503.2.3 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 25-17052/392362 8 121 ORDINANCE NO. 4343 503.2.4 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 503.2.5 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 503.3 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 503.6 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 505.1 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 506.1 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 507.1 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 507.5 Existing Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 507.5.7 New Refers to City Specification 401, Fire A-1, A-2, A-6 Department Access 901.7 Existing Refers to City Specification 402, Fire A-1, A-2, A-6 Watch 901.11 Existing Allows charges for excessive A-1, A-2, A-6, nuisance (false) alarms B-1 903.2 Existing Requires sprinklers 10,000 sqft A-1, A-2, A-6, gross floor area/5,000 sqft per fire B-1 area 903.2.4 Existing Removes a condition regarding A-1, A-2, A-6, mezzanine space B-1 903.3.5.3 Existing Adds a 10 percent safety margin for A-1, A-2, A-6, hvdraulic calculations B-1 25-17052/392362 9 122 ORDINANCE NO. 4343 903.4.1 Existing Removes exceptions for electronic A-1, A-2, A-6, supervision 8-1 916.1 Existing Adds a new section (916.12) (see 0-1 next code amendment) 916.12 Existing Requires gas detection systems to A-1, A-2, A-6, have notification devices 8-2 1103.5 Existing Adds a new section (1103.5.6) (see 0-1 next code amendment) 1103.5.6 Existing Provides criteria for sprinklers in A-1, A-2, A-6, tenant improvement projects 8-1 1103.7 Existing Adds a new section (1103.7.10) (see 0-1 next code amendment) 1103.7.10 Existing Provides criteria for fire alarms in A-1, A-2, A-6, tenant improvement projects 8-1 3307.1 Existing Requires specific fire access to A-1, A-2, A-6, construction sites 8-1 3307.2 Existing Requires water supply to be A-1, A-2, A-6, approved by Fire and PWO 8-1 3307.5 Existing Requires standpipes in certain A-1, A-2, A-6, construction sites 8-1 3306.5.2 Existing Requires sprinklers in certain cases A-1, A-2, A-6, for construction projects 8-1 3306.7 Existing Requires construction projects to A-1, A-2, A-6, avoid false alarms 8-1 5003.3.1.4 Existing Refers to City Specification 431-92 8-2, D-1 5704.2.13.1.4 Existing Allows tanks to be abandoned in D-1 place with annroval 25-17052/392362 10 123 ORDINANCE NO. 4343 5706.3 Existing Refers to Oil Code and City B-2 Specifications 5801.1.1, Existing Refers to City Specification B-2 Methane soil qas, Added NFPA 13-Existing Added specific description of fire A-1, A-2, A-6, 16.12.3.3 department connection B-1 requirements. NFPA 13-Existing Provides requirement for A-1, A-2, A-6, 28.1.3 (24) determining needed fire flow. B-1 NFPA 130-Existing Requires stock of spare sprinklers A-1, A-2, A-6, 5.1.1.2 for 13D systems. B-1 NFPA 130-Existing Requires at least one pressure A-1, A-2, A-6, 7.3.4 gauge on riser for 13D systems. B-1 NFPA 130-7.6 Existing Requires water flow alarms for 13D A-1, A-2, A-6, systems. B-1 NFPA 24-Existing Requirements for fire department A-1, A-2, A-6, 5.9.1.3 connections. B-1 NFPA 24-Existing Requirements for inlets. A-1, A-2, A-6, 5.9.1.3.1, B-1 Added NFPA 24-Existing Requires indicating control valve to A-1, A-2, A-6, 6.2.1.3, Added be red. B-1 NFPA 24-6.3.3, Existing Requires post indicator valves to be A-1, A-2, A-6, Added red. B-1 NFPA 24-Existing Requires iron pipe to be coated and A-1, A-2, A-6, 10.1.1.3.3, wrapped. B-1, B-3 Added NFPA 24-Existing Requires bolted joint accessories to A-1, A-2, A-6, 10.4.1.1 be coated with corrosion retarding B-1, B-3 material. NFPA 24-Existing Requires bolts to be stainless steel. A-1, A-2, A-6, 10.4.1.4, Added B-1 NFPA 24-Existing Requirements for private service A-1, A-2, A-6, 10.4.3.1 mains. B-1 25-17052/392362 11 124 ORDINANCE NO. 4343 Appendix 0 New Adopt IFC model language for valet D-1 trash compliance at apartment buildings. HBMC 17.60 -SOLAR, ENERGY AND HYDRONICS AND GEOTHERMAL CODE Chapter 1 Existing Administration Administrative (amended to reference the Building D-1 Code) Chapter 10 Existing Electrical Administrative (amended to reference Huntington D-1 Beach Electrical Code) SECTION 4. The findings shall not be codified. SECTION 5. Title 17 of the Huntington Beach Municipal Code is repealed in its entirety and replaced as follows. 17 .02.010 Adoption The 2025 California Administrative Code (codified in Part 1 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing Ordinance No. 4270 and all other ordinances or parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. HBMC Chapter 17.04-Building Code 17.04.010 Adoption The 2025 California Building Code Volumes 1 and 2, and the whole thereof, and all national codes and standards referenced therein ( codified in Part 2 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. 25-17052/392362 12 125 ORDINANCE NO. 4343 Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing Ordinance No. 4270 and all other ordinances or parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 17.04.020 CBC Section [A] 101.1-Amended CBC Chapter I, Section [A] 101.1 is hereby amended to read as follows: [A] 101.1 Title. These regulations shall be known as the Building Code of Huntington Beach, may be cited as such, and hereinafter referred to as "this code." 17 .04.030 CBC Chapter 1, Section [A] 103.1 Creation of enforcement agency Amended CBC Chapter 1, Section [A] 103. l Creation of enforcement agency is hereby amended to read as follows: [A] 103.l Creation of enforcement agency. Department of Community Development Building Division is hereby created and the official in charge thereof shall be known as the building official. 17.04.040 CBC Chapter 1, Subsection [A] 104.10.1 Flood hazard areas-Amended CBC Chapter 1, Section [A] 104.10.1 Flood hazard areas is hereby amended to read as follows: 104.10.1 Flood hazard areas. The Building Official shall not grant modifications to any provision required in flood hazard areas unless a determination has been made in accordance with the Floodplain Overlay District portion of the Huntington Beach Zoning Code Chapter 222. 17.04.050 CBC Chapter 1, Section [A] 105.2 Work Exempt From Permit-Amended Section [A) 105.2 Work Exempt from Permit is amended to read in its entirety as follows: [A] 105.2 Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 25-17052/392362 13 126 ORDINANCE NO. 4343 Building: I. One-story detached accessory structures used as tool and storage sheds, playhouses, pagodas, gazebos and similar uses, provided the floor area does not exceed 120 square feet. Such structures shall comply with setback and height requirements of the Zoning Subdivision Ordinance and the Fire Code. 2. Masonry or concrete fences not over 42 inches in height above lowest adjacent grade and all other fences not exceeding 6 feet in height above the lowest adjacent grade and not within required zoning setbacks or subject to review by the Fire Department. Exception: Walls and fences less than 6 feet in height that are required as a condition of project approval, subject to review by the Fire Department, guard system or pool barrier system are required to have permits. 3. Oil derricks and tanks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2: I. 6. Sidewalks, platforms, decks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and not part of an accessible route. 7. Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inches deep, are not greater than 5,000 gallons and arc installed entirely above ground. 9. Temporary motion picture, television and theater stage sets and scenery. I 0. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, other playground equipment and similar type recreational structures accessory to detached one-and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 25-17052/392362 14 127 ORDINANCE NO. 4343 14. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding 15 feet in height. 15. Re-roofing an area smaller than 100 square feet while satisfying all applicable application requirements. 16. Replacement doors and windows when the waterproofing membrane is not altered and emergency egress dimensions are equal to or better than the original permitted layout. 17. New roof penetrations less than 14" by 14" when no framing modifications or additions are required. Unless otherwise provided by this Code, separate plumbing, electrical and mechanical permits will he required for the above-exempted items. Any of the above items that are located in a Floodplain Overlay District, Environmentally Sensitive Area or subject to a discretionary Planning Division approval or as otherwise required by the Planning Division or any other authority/agency is not exempt from permits. Electrical: 1. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2. Radio and television transmitting stations: The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. 3. Temporary testing systems: A permit shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 4. Temporary decorative lighting. 5. Replacement of attaclm1ent plug receptacles, but not the outlets therefor. 6. Replacement of general use snap switches. 7. Repair or replacement of any overcurrcnt device of the required capacity in the same location. 8. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 9. The wiring for temporary theater, motion picture or television stage sets. 25-17052/392362 15 128 ORDINANCE NO. 4343 10. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 11. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code. 12. Non-vehicle-mounted portable generators. 13. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Gas: I. P01iable heating appliance. 2. Replacement of any minor paii that does not alter approval of equipment or make such equipment unsafe. 3. Portable cooking or clothes drying appliance. 4. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: 1. Portable heating appliances. 2. P01iable ventilation equipment or appliances. 3. P011able cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or less of refrigerant and actuated by motors of one horsepower (746 W) or less. 8. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 25-17052/392362 16 129 ORDINANCE NO. 4343 Plumbing: 1. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 3. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location. Exception: electric and fuel gas water heaters. 4. Replacement of any pmi that does not alter its approval or make it unsafe. 17 .04.060 CBC Chapter 1, Division 11, Section [A] 105.3.2 Time Limitation of Application-Amended CBC Chapter 1, Division II, Section [A] 105.3.2 Time Limitation of Application is amended in its entirety as follows: [A] 105.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: 1. The applicant shall submit an application every 180 days, accompanied by a plan review extension fee, established by resolution of the City Council. 2. Any plans that remain in plan review over 360 days shall meet all construction standards that are adopted at the time the permit is issued. 3. Plans may not remain in plan review more than 720 days except under extreme situations as approved by the building official. 17.04.070 CBC Chapter 1, Division 11, Section [A] 105.5 Expiration-Amended CBC Chapter 1, Division II, Section [A] 105.5 Expiration is amended in its entirely as follows: CBC Chapter 1, Division II, Section [A] 105 .5 Expiration is amended in its entirely as follows: [A] 105.5 Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within 12 months after its issuance, or if the work 25-17052/392362 17 130 ORDINANCE NO. 4343 authorized on the site by such permit is suspended or abandoned for a period of 180 days after the time the work is commenced. Work shall be considered suspended or abandoned if substantial approval of one of the required progress inspections is not accomplished every 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor thereof shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee. The building oflicial is authorized to grant, in writing one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official. 17 .04.080 CBC Chapter 1, Division 11, Section [A] 107 Submittal Documents Added CBC Chapter I, Division II, Section [A] I 07 Submittal Documents-A new Subsection [A] l 07.2.1.1 is added to read in its entirely as follows: (A] 107.2.1.1 Building security. The construction drawings shall show conformance with the Building Security provisions in Building Code Chapter 23 as amended in Section 17.04.160. 17.04.090 CBC Chapter 1, Division II, Section [A] 107 Submittal Documents Added CBC Chapter I, Division II, Section [A] I 07 Submittal Documents-A new Subsection [A] 107.2.1.2 is added to read in its entirely as follows: (A] 107.2.1.2 Methane Overlay District. New building construction in the defined methane overlay districts shall comply with the Building Code Chapter 55 as amended in Section 17.04.170 and with the Huntington Beach Fire Code. 17.04.100 CBC Chapter 1, Division II, Section [A] 107 Submittal Documents Added CBC Chapter 1, Division II, Section [A] 109 Fees amended in its entirety as follows: [A] 109.l Payment of fees. A permit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The building official may allow temporary exceptions. 25-17052/392362 18 131 ORDINANCE NO. 4343 [A] 109.1.l Plan review fees. When a plan or other data is required to be submitted a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan review. Said plan review fees shall be as established by resolution of the City Council. [A] 109.1.2 Permit fees. The fee shall be paid at pem1it issuance. The standard for determination of value or valuation of the project shall be made by the building official and as established by resolution of the City Council. [A) 109.1.3 Miscellaneous service fees. Whenever an application is made for all other services, a fee for the service in an amount established by resolution of the City Council shall be paid to the City. [A) 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as required, in accordance with the schedule as established by resolution of the City Council. [A) 109.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official and as established by resolution of the City Council. [A] 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by resolution by the City Council that shall be in addition to the required permit fees. [A) 109.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. [A) 109.6 Refunds. The building official may authorize the refund of any fee paid hereunder for work that was not performed or for fees that were collected erroneously as established by resolution of the City Council. 17.04.120 CBC Chapter 1, Division II, Section [A] 113.1 Board of Appeals general-Amended CBC Chapter 1, Division II, Section [A] 113 .1 is hereby amended to read in its entirely as follows: 25-17052/392362 19 132 ORDINANCE NO. 4343 IA] 113.1 General. In order to hear and decide appeals of the orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the appeals board. 17.04.130 CBC Chapter 9 Fire Protection Systems, Section 901.1 Scope Amended CBC Chapter 9 Fire Protection Systems, Section 90 I. I Scope amended to read as follows: Section 901.1 Scope. The provisions of this chapter shall specify where fire protection systems are required and shall apply to the design, installation and operation of fire protection systems. For amended sprinkler requirement, see Huntington Beach Municipal Code, Chapter _l].56 of this Code. 17.04.140 CBC Chapter 15, Table 1505.1-Amended CBC Chapter 15, Table I505.Iin Subsection 1505.1 of Section 1505 is hereby amended to read as follows: IA 1B B B TABLE 1505.1" MINIMUM ROOF COVERING CLASSIFICATION FOR TYPES OF CONSTRUCTION IIA 11B IIIA 111B IV B B B B B For SI: 1 foot= 304.8 mm, 1 square foot= 0.0929 m2 . VA B a. Unless otherwise required in accordance with Titel 24, Part 7, California Wildland-Urban Interface Code. 17.04.150 CBC Chapter 15 Subsection 1505.1.3 -Amended VB B Subsection 1505.1.3 is amended, by the deletion of the entire section and the addition of a new section thereto, to read as follows: 1505.1.3 Roof coverings within all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year 25-17052/392362 20 133 ORDINANCE NO. 4343 period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B. 17.04.160 Chapter 36 Building Security-Added a New Chapter The Building Code is hereby amended by adding thereto new Chapter 36 entitled "Building Security," to read as follows: § 3601. Purpose. The purpose of this chapter is to establish minimum standards of construction for protection against unlawful entry. § 3602. Alternative security provisions. When approved by the building official, site security systems may be provided in lieu of the specific security provisions of Section 3608, "Garages Multiple dwellings." § 3603. Definitions. For the purpose of this chapter, certain terms used herein are defined as follows: "Cylinder guard" means a hardened ring surrounding the exposed portion of the lock cylinder or other device which is so fastened as to protect the cylinder from wrenching, prying, cutting or pulling by attack tools. "Deadlocking latch" means a latch in which the latch bolt is positively held in the projected position by a guard bolt, plunger or auxiliary mechanism. "Dead bolt" means a bolt which has no automatic spring action and which is operated by a key cylinder, thumb turn, or level, and is positively held fast when in the projected position. "Latch" means a device for automatically holding a door shut after being closed. "Light" means any glazed opening whether glazed with glass, plastic, metal, wood or composition sheets or panels, or similar materials, and shall include windows, skylights, view ports or view panels and similar openings. § 3604. Entry vision. All main or front entry doors to R occupancies shall be arranged so that the occupant has a view of the area immediately outside without opening the door. Such view may be provided by a door viewer or view poti or by window or other opening located and constructed as required by this chapter. Such area shall be provided with a light. § 3605. Doors. A. General. A door forming a part of the enclosure of a dwelling unit or of an area of a building occupied by one tenant shall be constructed, installed, and secured as set forth in this section. 25-17052/392362 21 134 ORDINANCE NO. 4343 B. Swinging doors. 1. Swinging wooden doors which can be opened from the inside without using a key shall be of solid core construction. Lights in doors shall be as set forth in this chapter. 2. A single swinging door, the active leaf of a pair of doors, and the bottom leaf of Dutch doors shall be equipped with a dead bolt and deadlocking latch. The dead bolt and latch may be activated by one lock or by individual locks. Dead bolts shall contain hardened inserts, or equivalent, designed to repel cutting tool attack. The lock or locks shall be key operated from the exterior side of the door and engaged or disengaged from the interior side of the door by a device which requires no key, special knowledge or eff01i. 3. A straight dead bolt shall have a minimum throw of one inch and the embedment shall be not less than five-eighths inch into the holding device receiving the projected bolt. All dead bolts of locks which automatically activate two or more dead bolts shall embed at least one-half inch but need not exceed three-fourths inch into the holding devices receiving the projected bolts. 4. A deadlocking latch shall be provided with a bolt projecting not less than five eighths inches from the edge of the door in which it is installed. 5. The inactive leaf of a pair of doors and the upper leaf of Dutch doors shall be equipped with a dead bolt or dead bolts as set forth in subsection (B)(2) above. EXCEPTIONS: a. The bolt or bolts need not be key operated but shall not be otherwise activated, from the exterior side of the door. b. The bolt or bolts may be engaged or disengaged automatically with the dead bolt or by another device on the active leaf or lower leaf. c. Manually-operated hardened bolts at the top and bottom of the leaf and which embed a minimum of one-half inch into the device receiving the projected bolt may be used when not prohibited by the Building Code or other laws and regulations. 6. Doorstops on wooden jambs for in-swinging doors shall be of one piece construction with the jamb or joined by a rabbet. 7. Nonremovable pins shall be used in pin-type hinges which are accessible from the outside when the door is closed. 25-17052/392362 22 135 ORDINANCE NO. 4343 8. Cylinder guards shall be installed on all mortise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or when otherwise accessible to gripping tools. 9. Unframed glass doors shall be of fully tempered glass not less than one-half inch thick. I 0. Narrow-framed glass doors shall be of fully tempered glass not less than one quarter inch thick. C. Sliding glass doors, Sliding glass doors shall be equipped with locking devices. Cylinder guards shall be installed on all mmiise or rim-type cylinder locks installed in doors whenever the cylinder projects beyond the face of the door or is otherwise accessible to gripping tools. § 3606, Windows, or other openings. A. General. Windows, or other similar openings shall be constructed, installed and secured as set forth in this section. B. Materials. Only fully-tempered glass or approved metal bars, screens, or grills shall be used for any opening in which glass is utilized which is located within 40 inches of the locking device on a door. C. Locking devices. All windows or other openings which are designed to be opened shall be provided with locking devices. § 3608. Garages-Multiple dwellings. Whenever a development includes three or more dwelling units, all covered parking required by other provisions of the Huntington Beach Municipal Code shall be provided by fully-enclosed garages. Garage space for each tenant shall be separated by partitions of three-eighths-inch plywood or any approved equivalent with studs set not more than 24 inches apart on one side. Doors and windows in such garages shall be constructed, equipped and secured as required by this chapter. 17.04.170 Chapter 55 Methane District Regulations -Added a new Chapter The Building Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows: § 5501. Purpose. This Division sets fo1ih the minimum requirements of the City of Huntington Beach for new building construction in the defined methane overlay districts. It is also the purpose of this chapter to reduce the hazards presented from accumulations of methane gas by requiring the appropriate testing and mitigation measures for all new buildings in the methane overlay districts. 25-17052/392362 23 136 ORDINANCE NO. 4343 § 5502. Definitions. For the purposes of this division, the following definitions shall also be applied. A. Flammable Gas shall mean any gaseous substance capable of sustaining combustion or explosion. B. Gas Detection System shall mean one or more electrical devices capable of continuous monitoring for the presence of flammable gasses and containing an audible alarm capable of alerting occupants that a hazardous atmosphere exists. A part of the system shall be subject to building the system and all devices which are department and Fire Department approved. C. Methane Gas shall mean the hydrocarbon substance commonly known as "natural gas," chemical formula Cl-k For the purposes of definition in this chapter, natural gas from the distribution system of a utility company is exempted and excluded from the scope of the application of the provisions of this chapter. D. Methane Gas Overlay District shall mean those districts within the City of Huntington Beach as defined in Section 5503. E. Qualified Engineer shall mean a civil engineer currently registered in the State of California and possessing experience in the design of subsurface gas control systems. F. Vent System shall mean a system or device which gathers or collects flammable gasses and releases these gasses in a specified manner and location. § 5503. Overlay Districts. Boundaries of the districts set forth herein are measured from centerline to centerline of indicated streets unless otherwise described, and are graphically depicted by the copy of the map designated "Methane Overlay Districts," which is on file with the Fire Depm1mcnt. The Methane District boundaries are as follows. Note that the directions of no11h, south, east, west, and similar directions are general in nature only. District One: Saybrook Lane south from Edinger Avenue to Davenport Drive to Algonquin Street, south on Algonquin Street to Warner Avenue, cast on Warner Avenue to Bolsa Chica Street, nmih on Balsa Chica Street to Edinger Avenue, west on Edinger A venue to Saybrook Lane. District Two: All land on both sides of Pacific Coast Highway northwest from the City Boundary at the Santa Ana River to the City Boundary at the Bolsa Chica Bluffs, then following the City Boundary no11heast to Edwards Street, Edwards Street n011h to Slater Avenue, Slater Avenue east to Gothard Street, Gothard Street south to Ellis Avenue, Ellis Avenue east to Newland Street, Newland Street south to Adams Avenue, Adams Avenue east to the City Boundary at the Santa Ana River, City Boundary south along the Santa Ana River to Pacific Coast Highway. 25-17052/392362 24 137 ORDINANCE NO. 4343 § 5504. Plan Required. All proposed subdivisions, divisions of land, developments of property, and new buildings within the methane overlay districts shall be reviewed by the Fire Department. The Fire Chief may require a plan for the testing of site soils for the presence of methane gas. Such plan shall be subject to the approval of the Fire Department, and may include, but shall not be limited to, hammer probes, pneumatically driven probes, and core hole samples with monitoring for the presence of methane gas. The Fire Chief may require other actions as deemed necessary to ensure the safety of the development or building site. § 5505. Testing Required. Testing for the presence of methane gas shall be required to be carried out in accordance with the approved plan. Results of such testing shall be submitted to the Fire Department for review and analysis. § 5506. Mitigation Required. Anomalously high levels of methane gas in the near surface or subsurface soil layers may require mitigation before any grading, development, or building construction is allowed to take place. Such mitigation may include, but is not limited to, the venting of abandoned oil wells, underground gathering and collection systems for gasses, vent systems, and flared vent systems. Other systems, devices, or components may be required as deemed necessary by the Fire Chief in order to ensure the safety of the development and buildings. If the mitigation measure does not reduce the soil concentrations of methane to an acceptable level, or if other contaminants are present in the methane at a level which poses a threat to health and safety, further development may be halted until such time as the site is rendered safe from these hazards. § 5507. Isolation Barriers Required. New buildings which fall under the provisions and requirements of this article may require the installation of a continuous, flexible, permanent, and non-permeable barrier, and shall be a type approved by the Fire Department. § 5508. Access. All methane gas mitigation systems required by this article shall be made accessible to City personnel for the purposes of monitoring, maintenance, and evaluation for effectiveness. § 5509. Areas Outside of Established Methane Overlay District Boundaries. Upon the determination of the Fire Department that hazard may exist from methane intrusion at a geographical location or area outside the boundaries established in Section 5503 above, the Fire Department may enforce any or all of the provisions of this article as deemed necessary by the Fire Chief to preclude potential hazards from fire or explosion from methane gas accumulations. § 5510. Additional Remedial Measures. If the concentration of flammable gas in any building in the City reaches or exceeds 25% of the minimum concentration which form an ignitable mixture with air at ambient temperature and pressure, the owner of such building shall hire a qualified engineer to investigate, recommend, and implement mitigating measures. Such measures shall be subject to the approval of the Fire Department. HBMC Chapter 17.07 -Residential Code 25-17052/392362 25 138 ORDINANCE NO. 4343 17.07.010 Adoption The 2025 California Residential Code, and whole thereof, and all national codes and standards referenced therein (codified in Part 2.5 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Cocl~ Section 18941.5, as though fully set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of residential one-and two-family dwellings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 17.07.020 CRC Section R101.1-Amended CRC Chapter I, Section R!Ol.1 is hereby amended to read as follows: RlOl.1 Title. These provisions shall be known as the Residential Code for One-and Two Family Dwellings ofI-Iuntington Beach, may be cited as such, and will be referred to herein as "this Code." 17.07.030 CRC Chapter 1, Division II, Section R103.1 EnforcementAgency Amended CRC Chapter 1, Division II, Section R103.l Enforcement Agency is hereby amended to read as follows: R103.1 Enforcement Agency. The Department of Community Development Building Division is hereby created and the official in charge thereof shall be known as the building official. 17.07.040 CRC Chapter 1, Division II, Section R105.2 Work Exempt From Permit Amended CRC Chapter 1, Division II, Section R105.2 Work Exempt From Permit is hereby amended to read as follows: RlOS.2 Work exempt from permit. Exemptions from permit requirements of this Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this Code or any other laws or ordinances of this jurisdiction. Permits shall not be required for the following: 25-17052/392362 26 139 ORDINANCE NO. 4343 Building: I. One-st01y detached access01y structures used as tool and storage sheds, playhouses, pagodas, gazebos and similar uses, provided the floor area does not exceed 120 square feet. Such structures shall comply with setback and height requirements of the Zoning Subdivision Ordinance and the Fire Code. 2. Masonry or concrete fences not over 42 inches in height above lowest adjacent grade and all other fences not exceeding 6 feet in height above the lowest adjacent grade and not within required zoning setbacks or subject to review by the Fire Department. Exception: Walls and fences less than 6 feet in height that are required as a condition of project approval, subject to review by the Fire Department, guard system or pool barrier system are required to have permits. 3. Oil derricks and tanks. 4. Retaining walls that are not over 4 feet in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids. 5. Water tanks supported directly on grade if the capacity does not exceed 5,000 gallons and the ratio of height to diameter or width does not exceed 2:1. 6. Sidewalks, platforms, decks and driveways not more than 30 inches above adjacent grade, and not over any basement or story below and not part of an accessible route. 7. Painting, papering, filing, carpeting, cabinets, counter tops and similar finish work. 8. Prefabricated swimming pools accessory to a Group R-3 occupancy that are less than 18 inehes deep, are not greater than 5,000 gallons and are installed entirely above ground. 9. Temporary motion picture, television and theater stage sets and scene1y. 10. Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. 11. Swings, other playground equipment and similar type recreational structures accessory to detached one-and two-family dwellings. 12. Window awnings in Group R-3 and U occupancies, supported by an exterior wall that do not project more than 54 inches from the exterior wall and do not require additional support. 13. Nonfixed and movable fixtures, cases, racks, counters and partitions not over 5 feet 9 inches in height. 25-17052/392362 27 140 ORDINANCE NO. 4343 14. Flag poles, light poles and TV dishes in connection with a Group R, Division 3 occupancy and not exceeding 15 feet in height. 15. Re-roofing an area smaller than I 00 square feet while satisfying all applicable application requirements. 16. Replacement doors and windows when the waterproofing membrane is not altered and emergency egress dimensions are equal to or better than the original permitted layout. 17. New roof penetrations less than 14" by 14" when no framing modifications or additions are required. Unless provided by this Code, separate plumbing, electrical and mechanical permits will be required for the above-exempted items. Any of the above items that are located in a Floodplain Overlay District, Environmentally Sensitive Area or subject to a discretionary Planning Division approval or as otherwise required by the Planning Division or any other authority/agency is not exempt from permits. Electrical: I. Repairs and maintenance: Minor repair work, including the replacement of lamps or the connection of approved portable electrical equipment to approved permanently installed receptacles. 2. Radio and television transmitting stations: The provisions of this Code shall not apply to electrical equipment used for radio and television transmissions, but do apply to equipment and wiring for a power supply and the installations of towers and antennas. 3. Temporary testing systems: A pem1it shall not be required for the installation of any temporary system required for the testing or servicing of electrical equipment or apparatus. 4. Temporary decorative lighting. 5. Replacement of attachment plug receptacles, but not the outlets therefor. 6. Replacement of general use snap switches. 7. Repair or replacement of any ovcrcurrent device of the required capacity in the same location. 8. Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. 9. The wiring for temporary theater, motion picture or television stage sets. 25-17052/392362 28 141 ORDINANCE NO. 4343 I 0. Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy. 11. Low-energy power, control and signal circuits of Classes II and III as defined in the electrical code. 12. Non-vehicle-mounted pmiable generators. 13. Replacement of any minor part that does not alter approval of equipment or make such equipment unsafe. Gas: I. Portable heating appliance. 2. Replacement of any minor part that docs not alter approval of equipment or make such equipment unsafe. 3. Portable cooking or clothes drying appliance. 4. Pmiable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. Mechanical: I. Portable heating appliances. 2. Portable ventilation equipment or appliances. 3. Portable cooling unit. 4. Steam, hot or chilled water piping within any heating or cooling equipment regulated by this Code. 5. Replacement of any part that does not alter its approval or make it unsafe. 6. Portable evaporative cooler. 7. Self-contained refrigeration system containing IO pounds ( 4.54 kg) or less of refrigerant and actuated by motors of I horsepower (746 W) or less. 8. Portable fuel-cell appliances that are not connected to a fixed piping system and are not interconnected to a power grid. 25-17052/392362 29 142 ORDINANCE NO. 4343 Plumbing: I. The stopping of leaks in drains, water, soil, waste, or vent pipe, provided, however, that if any concealed trap, drain pipe, water, soil, waste or vent pipe becomes defective and it becomes necessary to remove and replace the same with the new material, such work shall be considered as new work and a permit shall be obtained and inspection made as provided in this Code. 2. The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures and the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes, or fixtures. 3. Repair or replacement of any plumbing fixture or appliance of the same type and size and in the same location. Exception: electric and fuel gas water heaters. 4. Replacement of any part that does not alter its approval or make it unsafe. 17.07.050 CRC Chapter 1, Division 11, Section R105.3.1.1-Deleted CRC Chapter I, Division II, Section RI 05.3.1.1, Determination of substantially improved or substantially damaged existing buildings in flood hazard areas, is hereby deleted. 17.07.060 CRC Chapter 1, Division II, Section R105.3.2 Time Limitation of Application-Amended CRC Chapter 1, Division II, Section Rl05.3.2 Time Limitation of Application is amended to read as follows: RIOS.3.2 Time limitation of application. Applications for which no permit is issued within 180 days following the date of application shall expire automatically, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building ofiicial. The building official may extend the time for action by the applicant in increments of 180 days subject to the following conditions: I. The applicant shall submit an application every 180 days, accompanied by a plan review extension fee, established by resolution of the City Council. 2. Any plans that remain in plan review over 360 days shall meet all construction standards that are adopted at the time the permit is issued. 3. Plans may not remain in plan review more than 720 days except under extreme situations as approved by the building official. 17.07.070 CRC Chapter 1, Division II, Section R105.5 Expiration-Amended CRC Chapter I, Division II, Section Rl 05.5 Expiration is amended to read as follows: 25-17052/392362 30 143 ORDINANCE NO. 4343 RlOS.5 Expiration. Every permit issued shall become invalid unless the work authorized by such permit is commenced within 12 months after its issuance or after commencement of work if more than I 80 days pass between inspections. Work shall be considered suspended or abandoned if substantial approval of one of the required progress inspections is not accomplished every 180 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after one year, the permittee shall pay a new full permit fee. The building official is authorized to grant, in writing one or more extensions of time, for periods not more than 180 days each. The extension shall be requested in writing and justifiable cause demonstrated. Time limitation for permit expiration as the result of code enforcement shall be as per notice of violation or as otherwise determined by the Building Official. 17.07.080 CRC Chapter 1, Division II, Section R106 Construction Documents Added CRC Chapter 1, Division II, Section RI 06 Construction Documents a new Subsection Rl 06.1.6 is added to read in its entirely as follows: R106.I.6 Building security. The construction drawings shall show conformance with the Building Security provisions in Building Code Chapter 36 as amended in Section 17.04.080. 17.07.090 CRC Chapter 1, Division II, Section R106 Construction Documents Added CRC Chapter I, Division II, Section Rl06 Construction Documents a new Subsection Rl06. l.7 is added to read in its entirely as follows: R106.l.7 Methane Overlay District. New building construction in the defined methane overlay districts shall comply with the Building Code Chapter 55 as amended in Section 17.04.085 and with the Huntington Beach Fire Code. 17.07.100 CRC Chapter 1, Division II, Section R106 Construction Documents Added CRC Chapter 1, Division II, Section RI 06 Construction Documents a new Subsection Rl 06.1.8 is added to read in its entirely as follows: R106.l.8 Soils report. A Soil report shall be submitted with all permit applications for new construction and additions. Soil reports shall be prepared by a professional engineer licensed by the State to prepare such reports. The Building Official may waive this requirement if he/she finds that the scope of work applied for does not necessitate a soil report. 25-l 7052/392362 31 144 ORDINANCE NO. 4343 17.07.110 CRC Chapter 1, Division II, Section R108 Fees-Amended Chapter 1, Division II, Section 108 is hereby amended to read in its entirely as: R108.1 Payment of fees. A pe1mit shall not be valid until the fees prescribed by law have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. The building official may allow temporary exceptions. R108.1.1 Plan review fees. When a plan or other data is required to be submitted, a plan review fee shall be paid. This fee shall be paid at the time of submitting plans and specifications for plan review. Said plan review fees shall be established by resolution of the City Council. R108.1.2 Permit fees. The fee shall be paid at permit issuance. The standard for determination of value or valuation of the project shall be made by the building official and as established by resolution of the City Council. R108.1.3 Miscellaneous service fees. Whenever an application is made for all other services, a fee for the service in an amount established by resolution of the City Council shall be paid to the City. Rl 08.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a pennit, a fee for each permit shall be paid as required, in accordance with the schedule as established by resolution of the City Council. R108.3 Building permit valuations. The applicant for a permit shall provide an estimated permit value at time of application. Permit valuations shall include total value of work, including materials and labor, for which the permit is being issued, such as electrical, gas, mechanical, plumbing equipment and permanent systems. If, in the opinion of the building official, the valuation is underestimated on the application, the permit shall be denied, unless the applicant can show detailed estimates to meet the approval of the building official. Final building permit valuation shall be set by the building official and established by resolution of the City Council. R108.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by resolution by the City Council that shall be in addition to the required permit fees. R108.5 Related fees. The payment of the fee for the construction, alteration, removal or demolition for work done in connection to or concurrently with the work authorized by a building permit shall not relieve the applicant or holder of the permit from the payment of other fees that are prescribed by law. R108.6 Refunds. The building official may authorize the refund of any fee paid hereunder for work that was not performed or for fees that were collected erroneously as established by resolution of the City Council. 25-17052/392362 32 145 ORDINANCE NO. 4343 17.07.120 CRC Chapter 1, Section R112.1 Board of Appeals General-Amended CRC Chapter I, Section RI 12.1 is hereby amended to read in its entirely as follows: R112.1 General. In order to hear and decide appeals of the orders, decisions or determinations made by the building official relative to the application and interpretation of this code, there shall be and hereby created a board of appeals. The board of appeals shall be appointed by the City Council and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business, and shall render all decisions and findings in writing to the appellant with a duplicate copy to the building official. Depending on the subject of the appeal, specialized expertise may be solicited for the purpose of providing input to the appeals board. 17.07.130 CRC Chapter 3, Section R301.1.3.2 Engineered Design-Amended CRC Subsection R301.l.3.2 is hereby amended to read in its entirely as follows: R301.1.3.2. Woodframe structures greater than two-stories. The building official shall require construction documents to be approved and stamped by a California licensed architect or engineer for all dwellings of woodframe construction more than two stories in height or with basement. Notwithstanding other sections of law, the law establishing these provisions is found in Business and professions Code Sections 5537 and 6737.1. 17.07.140 CRC Chapter 3, Table R301.2(1) Climatic and Geographic Design Criteria-Amended TABLE R301.2(1) GR WIND DESIGN SEISMI SUBJECT TO DAMAGE FROM WIN ICE OU C FRO TER BARRIER FLOO AIR ND TOPOG DESIG ST DES UNDERLA D FREE SN SPEED RAPHIC N WEATH LIN TER IGN YMENT HAZA ZING ow CATE MITE INDE LOA d (mph) EFFECT GORY ERING a E C TEM REQUIRE RDS9 Xi D Sk f DEP pe Oh TH b Negligibl 12-Very HBMC Zero 95 No D2 or E Heav 43 No 17.07. 0 e 24" V 150 25-l 7052/392362 33 MEA N ANN UAL TEM pi 60 146 ORDINANCE NO. 4343 MANUAL J DESIGN CRITERIA Winte Altitude Indoor Design Heating r Correcti Design Tempera! Tempera! Latitu Heati Summer on Tempera! ure ure Elevation de na Coolinq Factor ure Coolina Difference 40 34 41 80 1.00 70 75 Cooling Wind Wind Coincid Daily Winter Summer Tempera! Veloci Veloci ent Wet Range Humidity Humidity ure ty ty Bulb Difference Heati Cooli na na 7 68 14 5 75 17.07.150 Amendment to Table R301.2(1) Footnote g Table R301.2(1) footnote g is amended to read as follows: Section Table R.301.2(1) Footnote g. For the latest information regarding City's FIRM Maps for Flood Hazard Locations, City's entry into the National Flood Insurance Program, dates of the Flood Insurance Study, and Panel Numbers ( copies of which arc on file in the Ofiice of the City's Community Development Department) visit Flood Information section in the Community Development Home Page at: https://huntingtonbeachca.gov/departments/community development/planning zoning/fl ood information.php 17.07.160 CRC Chapter 3, Section R313.1 Townhouse Automatic Fire Sprinkler Systems-Amended R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in townhouses per Huntington Beach Fire Code Chapter llJ<'i. Exception: For additions and alterations to existing townhomes, see Huntington Beach Fire Code Chapter 17 .56. 17.07.170 CRC Chapter 3, Section R313.2 One-and Two-Family Dwellings Automatic Fire Sprinkler Systems-Amended R.313.2 One-and two-family dwellings automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in one-and two-family dwellings per Huntington Beach Fire Code Chapter 11,_56. Exception: For additions and alterations to existing one-and two-family dwellings, see Huntington Beach Fire Code Chapter 17.56. 25-17052/392362 34 147 ORDINANCE NO. 4343 17.07.180 CRC Section R322.1 Flood-Resistant Construction General-Amended Section R322.1 General is hereby amended to read as follows: R322.1 General. Buildings and structures constructed in whole or in part in Hood hazard areas, including A or V Zones and Coastal A Zones, as established in Table R301.2(1), and substantial improvement and repair of substantial damage of buildings and structures in flood hazard areas, shall be designed and constructed in accordance with the most restrictive provisions contained in the Floodplain Overlay District in the Zoning and Subdivision Ordinance Chapter 222, Local Coastal Program or this section. Buildings and structures that are located in more than one flood hazard area shall comply with the provisions associated with the most restrictive flood hazard area. Buildings and structures located in whole or in part in identified floodways shall be designed and constructed in accordance with ASCE 24. 17.07.190 Section R902 Fire Classification-Deleted Section R902 is amended in its entirety and replaced by California Building Code Section 1505 as amended in Huntington Beach Municipal Code Sections _l].04 l 40 through 17.04.150. ( 4 I 90- 12/19) 17.07.200 Chapter 45 Building Security-Added The Residential Code is hereby amended by adding thereto new Chapter 45 entitled, "Building Security," to read as follows: Building security shall comply with Building Code Chapter 36 as amended in Section 17.04.160. 17.07.210 Methane District Regulations-Added The Residential Code is hereby amended by adding thereto new Chapter 55 entitled "Methane District Regulations" to read as follows: Projects in Methane District shall comply with Building Code Chapter 55 as amended in Section 17.04.170 and with the Huntington Beach Fire Code. HBMC Chapter 17.40 -Mechanical Code 17 .40.010 Adoption The 2025 California Mechanical Code, and whole thereof, including Appendices A, B, and C, except as hereinafter provided but excluding Chapters 1 and 14 thereof ( codified in Part 4 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. 25-17052/392362 35 148 ORDINANCE NO. 4343 Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of protecting public health and safety by prescribing by minimum standards for the use, design and installation of heating, ventilating, comfort-cooling equipment and refrigeration systems; by requiring a permit and inspection for the installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. 17 .40.020 Section 101.1-Amended CMC Chapter 1, Section 101.1 is hereby amended to read as follows: 101.1 Title. This document shall be known as the "Huntington Beach Mechanical Code," may be cited as such, and will be referred to herein as "this Code." 17.40.025 Administration The administrative provisions shall be as provided for in the California Building Code, Chapter 1 Division II, Scope And Administration as adopted pursuant to Chapter lL.9.'I of the Huntington Beach Municipal Code. HBMC Chapter 17.44-Plumbing Code 17.44.010 Adoption The 2025 California Plumbing Code, and whole thereof, including Appendices except as hereinafter provided, but excluding Chapters 1, entitled "Administration" ( codiiied in Patt 5 of Title 24 of the California Code of Rerrulations ), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set tcllth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safetv Code Section 18941.5 as fully as though set forth at length herein for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of plumbing and drainage systems. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. 17.44.020 Section 1.01.1-Amended CPC Chapter 1, Section 101.1 is hereby amended to read as follows: 101.1 Title. This document shall be known as the "Huntington Beach Plumbing Code," may be cited as such, and will be referred to herein as "this Code." 25-I 7052/392362 36 149 ORDINANCE NO. 4343 17 .44.022 Administration The administrative provisions shall be as provided for in the California Building Code, Chapter I Division II, Scope And Administration as adopted pursuant to Chapter 17.04 of the Huntington Beach Municipal Code. 17.44.040 Section 312.1-Amended Section 312.1 of Section 312 of CPC is hereby amended to read in its entirety as follows: 312.1 General. All underground copper piping and PEX tubing installed in a potable water system throughout the City limits must be completely sleeved with a minimum six millimeter polyvinyl sleeve. HBMC Chapter 17.46-Swimming Pool, Spa and Hot Tub Code 17 .46.010 Adoption There is hereby adopted by the City Council by reference that cetiain code known as the Uniform Swimming Pool, Spa and Hot Tub Code (USPSI-ITC), compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 2021 edition thereof and the whole thereof, except as hereafter provided excluding Chapter I, "Administration." Such code, and amendments thereto, are hereby adopted and incorporated pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 as fully as though set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of swimming pool, spa and hot tub systems; by requiring a permit and inspection for installation, alteration and replacement of said systems. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. 17.46.020 Section 101.1-Amended Uniform Swimming Pool, Spa and Hot Tub Code Chapter I, Section IO 1.1 is hereby amended to read as follows: 101.1 Title. This document shall be known as the Uniform Swimming Pool, Spa, and Hot Tub Code of Huntington Beach, may be cited as such, and will be referred to herein as "this Code." 17.46.030 Administration Except as amended below, the administrative provisions shall be as provided for in the California Building Code, Chapter I Division II, Scope And Administration as adopted pursuant to Chapter 17.04 of the Huntington Beach Municipal Code. 25-17052/392362 37 150 17.46.040 Section 108-Added New Section 108 Authority to Abate is hereby added to read as follows: 108 Authority to abate. ORDINANCE NO. 4343 A. It shall be unlawful and is hereby declared to be a public nuisance for any person owning, leasing, occupying or having charge of any residential property in the City to maintain such premises in such a manner that any of the following conditions are found to exist thereon: 1. The failure to secure and maintain from public access all doorways, gate access and other openings, with regards to the barrier requirements of this Code. 2. Uncleanliness of swimming pool water as determined by the building official. All swimming pool and spa water shall be maintained in a clear condition which is free of algae, insects, debris and in a sanitary condition. The entire floor of the swimming pool shall be clearly visible. B. Where a nuisance exists, the building ofiicial shall require the nuisance or violation to be abated and where necessary, shall seek such abatement in the manner provided by law. 17 .46.050 Chapter 2-Amended Chapter 2 of the USPSHTC is hereby amended by adding or modifying the following definitions: 209 Grade (surface) -The underlying surface such as earth or a walking surface. 218 Portable - A non-permanent structure intended for recreational bathing, in which all controls, water-heating and water-circulating equipment are an integral part of the product and which is cord connected (not permanently electrically wired). 221 Swimming Pool-A swimming pool is any body of water having a depth exceeding 18 inches at any point, constructed, fabricated or installed for swimming, bathing or wading purposes. This includes in-ground, above-ground and on-grade pools, spas and hot tubs. 17.46.060 Subsection 301.2.4-Amended Chapter 3, Subsection 301.2.4 is amended to read as follows: 301.2.4 Fuel Gas Piping. Fuel gas piping shall be installed in accordance with the requirements of the Huntington Beach Plumbing and Mechanical Codes. 17.46.070 Section 402.3-Amended Section 402.3 is hereby amended to read as follows: 25-17052/392362 38 151 ORDINANCE NO. 4343 Swimming pools shall be designed to withstand anticipated stresses under both full and empty conditions, taking into consideration climatic, hydrostatic, seismic, geotechnical, and integration of the pool with other structural conditions. All swimming pool construction shall be in conformance with engineered design for expansive soils, unless a soils report by a registered engineer, approved by the building official, indicates otherwise. 17 .46.080 Section 512.1-Amended Section 512.1 General is hereby amended by adding the following exception: 512.1 Exception: Spas and hot tubs under 750 gallons shall not be required to discharge into a sewer. 17.46.090 Section 803.0-Amended Section 803.0 Barrier Requirements is deleted in its entirety and replaced with Section 3109.2 of the California Building Code as amended by Huntington Beach Municipal Code Chapter 1L04. HBMC Chapter 17.48.010 -Electrical Code 17.48.010 Adoption There is hereby adopted by the City Council by reference that certain code known as the 2025 California Electrical Code, except as hereafter provided. Such code is hereby adopted and incorporated pursuant to Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 for the purpose of prescribing regulations governing the installation, alteration, repair and maintenance of all electrical installations in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict therewith. From the date on which this chapter takes effect, the provisions of said code, together with amendments thereto, shall be controlling within the corporate limits of the City of Huntington Beach. 17 .48.020 Section 101.1-Amended CEC Chapter 1, Section 101.1 is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the "Huntington Beach Electrical Code," may be cited as such, and will be referred to herein as "this Code." 17 .48.025 Administration The administrative provisions shall be as provided for in the California Building Code, Chapter 1 Division II, Scope And Administration as adopted pursuant to Chapter 17.04 of the Huntington Beach Municipal Code. 25-l 7052/392362 39 152 ORDINANCE NO. 4343 17.48.040 Section 250.52(A)(5)-Amended Section 250.52(A)(5), Rod and pipe electrodes, is amended to read as follows: 250.52(A)(5) Rod and Pipe Electrodes. Rod electrodes shall not be less than 2.5m (8 ft.) in length, and shall consist of the following materials: a) Permanent rod electrodes shall be stainless steel. b) Temporary rod electrodes for temporary construction power poles may be copper or copper clad. c) Stainless steel rods less than 15.87 mm (5/8 in.) in diameter and nonferrous rods shall be listed and shall not be less than 13mm (1/2 in.) in diameter. 17.48.050 Section 690.13(A)-Amended Section 690.13(A) is hereby amended to read as follows: (A) Location. The means to disconnect a photovoltaic and electrical energy storage system shall be installed at a readily accessible location on the exterior of the building. A visible-open, lockable AC disconnect shall be located within three (3) feet of the meter, photovoltaic disconnect, or as required by the Building or Fire Code Official. HBMC Chapter 17.49 -Energy Code 17 .49.010 Adoption The 2025 California Energv Code ( codified in Part 6 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 25-17052/392362 40 153 ORDINANCE NO. 4343 HBMC Chapter 17.49.1.010 -California Wild land-Urban Interface Code 17 .. 49.1.010 Adoption The 2025 California Wildland-Urban Interface Code (codified in Part 7 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5. as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing Ordinance Nos. 4268 and 4270 and all other ordinances or pmis of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beaeh. HBMC Chapter 17.50.010-Historical Building Code 17.50.010 Adoption The 2025 California Historical Building Code ( codified in Part 8 of Title 24 of the California Code of Regulations). as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and pmis of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. HBMC Chapter 17.51.010 -Existing Building Code 17.51.010 Adoption The 2025 California Existing Building Code (codified in Pmi 10 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, 25-17052/392362 41 154 ORDINANCE NO. 4343 deletions or additions set fotih in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 17 .51.020 Section 101.1-Amended Section [A] 101.1 is hereby amended to read as follows: 101.1 Title. These regulations shall be known as the "Existing Building Code of Huntington Beach, may be cited as such, and hereinafter referred to as "this Code." 17.51.030 Administration Chapter 1, Division II, Sections 101 through 115 shall be as provided for in the California Building Code, Chapter 1 Division II, Scope And Administration as adopted pursuant to Chapter J.7_._()_'( of the Huntington Beach Municipal Code. HBMC Chapter 17.52 -Green Building Standards Code 17 .52.010 Adoption The 2025 California Green Building Standards Code (codified in Pmi 11 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and pmis of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 25-17052/392362 42 155 ORDINANCE NO. 4343 17.52.020 Compliance with CALGreen Recycling Requirements A. For projects covered by CALGreen, the applicants must, as a condition of the City's permit approval, comply with the following: I. Where five or more multifamily dwelling units are constructed on a building site, provide readily accessible areas that serve occupants of all buildings on the site and are identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the City, or comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended, provided that the amended requirements arc more stringent than the CALGreen requirements for adequate recycling space effective January I, 2020. 2. New commercial construction or additions resulting in more than 30% of the floor area shall provide readily accessible areas identified for the storage and collection of blue container and green container materials, consistent with the three-container collection program offered by the City, or shall comply with provision of adequate space for recycling for multifamily and commercial premises pursuant to Sections 4.408.1, 4.410.2, 5.408.1, and 5 .410.1 of the California Green Building Standards Code, 24 CCR, Part 11 as amended, provided amended requirements arc more stringent than the CJ\LGreen requirements for adequate recycling space effective January I, 2020. 3. Comply with CALGreen requirements and applicable law related to management of construction and demolition debris (C&D), including diversion of organic waste in C&D from disposal. Comply with City's municipal code, and all written and published City policies and/or administrative guidelines regarding the collection, recycling, diversion, tracking, and/or reporting of C&D. B. Persons applying for a permit from the City for new construction and building additions and alternations shall comply with all required components of CALGreen, as amended, if its project is covered by the scope of CALGreen, as amended, July I, 2019 and effective January I, 2020, including: I. Section 4.410.2 Recycling by Occupants Residential and Section 5.4 I 0.1 Recycling by Occupants Non-residential. 2. For organic waste commingled with construction and demolition debris, Section 4.408.1 Construction Waste Management Residential and Section 5.408.1 Construction Waste Management non-residential. 3. If, after the adoption of this chapter, Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 of CALGreen are amended in a manner that requires the City to incorporate the requirements in an updated local ordinance, and the amended requirements are more stringent than those 25-17052/392362 43 156 required in this Section, the revised requirements of CALGreen Sections 4.408.1, 4.410.2, 5.408.1, and 5.410.1 shall be enforced. ORDINANCE NO. 4343 HBMC Chapter 17.53 -Referenced Standards Code 17.53.010 Adoption The 2025 California Referenced Standards Code (codified in Part 12 of Title 24 of the California Code of Regulations), as published by the International Code Council and the California Building Standards Commission, is hereby adopted by reference, subject to the amendments, deletions or additions set forth in this chapter and incorporated in the Huntington Beach Building and Construction Code. Such code, and amendments thereto, are hereby adopted and incorporated, pursuant to California Government Code Section 50022.2 ct seq., and Health and Safety Code Section 18941.5, as fully as though set forth at length herein, for the purpose of regulating and administering the erection, construction, enlargement, alteration, repair, moving, removal, conversion, demolition, occupancy, equipment, use, height, area, and maintenance of buildings or structures in the City of Huntington Beach, and repealing all ordinances and parts of ordinances in conflict herewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. HBMC Chapter 17.56 -Huntington Beach Fire Code 17.56.010 Adoption An ordinance of the City of Huntington adopting the 2025 Edition of the California Fire Code, regulating and governing the safeguarding of life and property from fire and explosion hazards arising from the storage, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the occupancy of buildings and premises in the City of Huntington Beach; providing for the issuance of permits and collection of fees therefor; repealing Ordinance No. 4268 of the City of Huntington Beach and all other ordinances or parts of laws in conflict therewith. From the date on which this chapter takes effect the provisions of such code, together with amendments thereto shall be controlling within the corporate limits of the City of Huntington Beach. 17.56.020 CFC Chapter 1, Section CFC Chapter 1, Division II, Added. The following sections of 2024 International Fire Code, Chapter 1, Division II not adopted by the State of California into the 2025 California Fire Code are hereby adopted without amendment: • Section 104, excluding 104.7 and 104.9 and 105.2.3 • Section 105 .3 Conditions of a Permit 25-17052/392362 44 157 ORDINANCE NO. 4343 • Adopt the following operational permits: o 105 .5 .13 Dry cleaning o 105.5.22 Hazardous materials o 105.5.30 LP-gas o 105.5.36 Open burning o 105.5.41 Places of assembly o 105.5.45 Pyroxylin plastics. o 105.5.46 Refrigeration equipment o 105 .5 .49 Spraying or dipping o 105 .5 .50 Storage of scrap tires and tire byproducts • Section 105.6.2 Automatic sprinklers • Section 106 Construction Documents • Section 108 Fees o Exception: Section 108.3 Permit Valuations is not adopted. • Section 109 Inspections • Section 110 Maintenance • Section 111 Service utilities 17.56.030 CFC Section [A] 101.1 Title, Amended. CFC Section 101.1 hereby amended to read as follows: [A] 101.1 Title, Amended. These regulations shall be known as the City of Huntington Beach Fire Code (HBFC), hereinafter referred to as "this code." 17.56.040 CFC Section 102.7 Referenced codes and standards, Amended. CFC Section 102. 7 hereby amended to read as follows: [A] 102.7 Referenced codes and standards, Amended. The codes and standards referenced in this code shall be those that are listed in Chapter 80 as well as City Specifications as signed by the Fire Chief, and such codes and standards shall be considered to be part of the requirements of this code to the prescribed extent of each such reference and as further regulated in Sections 102.7.1 and 102.7.2. 17.56.050 CFC Section 103.1, Official in charge, Added Section 103.1 hereby added and amended to read as follows: 103.1 Official in charge, Added. The official in charge thereof shall be known as the fire code official and shall oversee the implementation, administration and enforcement of the provisions of this code. 25-17052/392362 45 158 ORDINANCE NO. 4343 17.56.060 Section 105.5.38 Open flame, Added. Section 105.5.38 hereby added and amended to read as follows: 105.5.38 Open flame, Added. An operational permit is required to use open flames in connection with assembly areas, dining areas ofrestaurants or drinking establishments. 17.56.070 Added. Section 105.5.47 Repair garages and motor fuel-dispensing facilities, Section 105.5.47 hereby added and amended to read as follows: 105.5.47 Repair garages and motor fuel-dispensing facilities, Added. An operational permit is required for operation of repair garages with motor fuel-dispensing facilities, or a motor fuel-dispensing facility without a repair garage. 17.56.080 105.5.47.1 Repair garage, Added An operational permit is required for a repair garage without motor fuel dispensing facilities. Section 105.6.25 Methane Mitigation Systems, Added. Section 105.6.25 hereby added to read as follows: 105.6.25 Methane Mitigation Systems. A construction permit is required for the installation or modification of a methane mitigation system. Maintenance performed in accordance with the current signed City Specification 429, Methane Mitigation Requirements, is not considered to be a modification and does not require a construction permit. 17.56.090 Section [A] 113.4 Violation Penalties, Added. Section 113 .4 is hereby added to read as follows: [A] 113.4 Violation Penalties, Added. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a pennit or ce1iificate used under provisions of this code shall be guilty of a misdemeanor as prescribed in Chapter 1.16 of the Huntington Beach Municipal Code, or may be subject to administrative citations as prescribed in Chapter 1.18 of the Huntington Beach Municipal Code. Each day that a violation continues after due notice has been served shall be deemed a separate offense. 25-17052/392362 46 159 ORDINANCE NO. 4343 17.56.100 CFC Chapter 3, General Requirements, Added. All sections of2021 International Fire Code, Chapter 3, General Requirements not adopted by the State of California, except Section 3115 Placards, are hereby adopted. 17.56.110 Section 324, Development on or near land containing or emitting toxic combustible or flammable liquids, gasses or vapors, Added. Section 324 is hereby added to read as follows: Section 324, Development on or near land containing or emitting toxic combustible or flammable liquids, gasses or vapors, Added. The fire code official may require the submittal for approval of geological studies, evaluations, reports remedial recommendations and/or similar documentation from a state licensed and department-approved individual or firm on any parcel of land to be developed which has, or is adjacent to, or within 1000 feet of a parcel of land that has an active or abandoned oil or gas well operation, petroleum or chemical refining facility, petroleum or chemical storage, or may contain or give off toxic, combustible or flammable liquids, gases or vapors. The submitted documentation will show that the site is compliant with current signed City Specifications 429, Methane District Building Permit Requirements and 431- 92, Soil Quality Standards. 17.56.120 Section 325, Parade floats, Added Section 325 is hereby added to read as follows: Section 325, Parade floats, Added 17.56.130 325.1 Decorative materials. Decorative materials on parade floats shall be non-combustible or flame retardant. 325.2 Fire protection. Motorized parade floats and towing apparatus shall be provided with a minimum 2Al 0BC rated portable fire extinguisher readily accessible to the operator. 325.3 Engine exhaust. Motorized parade floats shall be provided with an engine exhaust system that is capable of carrying the exhaust product away from any enclosed spaces to the open air. CFC Section 503.1.1 Buildings and facilities, Amended. CFC Section 503 .1.1 is hereby amended to read as follows: CFC Section 503.1.1 Buildings and Facilities, Amended. Approved fire apparatus access roads shall be provided for every building, facility or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus 25-17052/392362 47 160 ORDINANCE NO. 4343 access road shall comply with the requirements of this section and current signed City Specification 401, Minimum Standards for Fire Apparatus Access, and shall extend to within 150 feet (45,720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension up to 200 feet where all of the following conditions are met: 17.56.140 I. The building is equipped throughout with an approved automatic sprinkler system installed in accordance with Section 901.1.1, 903 .1.2, or 903 .1.3. 2. The fire code official is authorized to require a Fire Command Center in compliance with Sections 508.1.1 through 508.1.7 of the CFC. 3. Smoke detection shall comply with Section 907.2.10. 7. 4. Additional Class I standpipe hose connections shall be installed in an approved location. 5. A fire hydrant shall be located within 25 feet of Fire Department connections. 6. The automatic sprinkler system shall be designed to one hazard occupancy higher than the minimum hazard occupancy defined in NFP A 13. 7. Structures four or more stories above grade plane shall be provided with two stairways to the roof. CFC Section 503.2 Specifications, Amended. CFC Section 503.2 is hereby amended to read as follows: 503.2 Specifications, Amended. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2.1 through 503.2.8 and current City Specification 401, Minimum Standards.for Fire Apparatus Access. 17.56.150 CFC Section 503.2.1 Dimensions, Amended. CFC Section 503 .2.1 is hereby amended to read as follows: 503.2.1 Dimensions, Amended The fire access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards.for Fire Apparatus Access. 17.56.160 CFC Section 503.2.3 Surface, Amended. CFC Section 503 .2.3 is hereby amended to read as follows: 503.2.3 Surface, Amended. Fire apparatus access roads shall comply with the requirements stated in current City Specification 401, Minimum Standards.for Fire Apparatus Access. 25-l 7052/392362 48 161 ORDINANCE NO. 4343 17.56.170 CFC Section 503.2.4 Turning radius, Amended. CFC Section 503.2.4 is hereby amended to read as follows: 503.2.4 Turning radius, Amended. The required turning radius of a fire apparatus access road shall comply with the requirements stated in current City Specification 401, Minimum Standards for Fire Apparatus Access. 17.56.180 CFC Section 503.2.5 Dead ends, Amended. CFC Section 503.2.5 is hereby amended to read as follows: 503.2.5 Dead ends, Amended. Dead-end fire apparatus access roads in excess of 150 feet ( 45 720 111111) in length shall comply with the requirements stated in current City Specification 401, Minimum Standards fi,r Fire Apparatus Access. 17.56.190 CFC Section 503.3 Marking, Amended. CFC Section 503 .3 is hereby amended to read as follows: 503.3 Marking, Amended. Where required by the fire code of1icial, approved signs or other approved notices or markings shall meet the requirements of City Specification 415, Fire Lane Signage and Markings on Private, Residential, Commercial and Industrial Properties. The means by which fire lanes are designated shall be maintained in a clean and legible condition at all times and be replaced or repaired when necessary to provide adequate visibility. 17.56.200 CFC Section 503.6 Security gates, Amended. CFC Section 503.6 is hereby amended to read as follows: 503.6 Security gates, Amended. The installation of security gates across a fire apparatus access road shall be installed and operated in accordance with current City Specification 403, Fire Accessfi1r Pedestrian or Vehicular Security Gates & Buildings. 17.56.210 CFC Section 505.1 Address identification, Amended. CFC Section 505.1 is hereby amended to read as follows: 505.1 Address identification, Amended. New and existing buildings shall be provided with address identification in accordance with City Specification 428, Premise Identification. 17.56.220 CFC Section 506.1 Where required, Amended. CFC Section 506.1 is hereby amended to read as follows: 25-l 7052/392362 49 162 ORDINANCE NO. 4343 506.1 Where required, Amended. Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life saving or fire-fighting purposes, the fire code official is authorized to require a key box to be installed in an approved location in accordance with current City Specification 403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. 17.56.230 CFC Section 507.1 Required water supply, Amended. CFC Section 507.1 is hereby amended to read as follows: 507.1 Required water supply, Amended. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into or within the jurisdiction. 17.56.240 Exception: California Code of Regulations, Title 25, Division 1, Chapter 2, Article 6-Fire Protection Standards for Parks -is hereby referenced, and applies to all existing mobile home parks licensed by the State of California Department of Housing and Community Development (HCD), notwithstanding any contrary provisions as set forth in Title 25, Section 1304(a). CFC Section 507.5 Fire hydrant systems, Amended. CFC Section 507.5 is hereby amended to read as follows: 507.5 Fire hydrant systems, Amended. Fire hydrant systems shall comply with Sections 507.5.1 through 507.5.7 and Appendix C and the current City Specification 407, Fire Hydrant Installation Standards. 17.56.250 Section 507.5.7 Fire hydrant supply connections, Added. Section 507.5.7 is hereby added to read as follows: 507.5.7 Fire hydrant supply connections, Added. It shall be prohibited for underground water supply lines with a single connection from a municipal main to supply both fire hydrants and fire suppression systems. Looped supply lines that are supplied from two points of connection shall be allowed for hydrants and fire suppression system supplies. 17.56.260 CFC Section 901.7 Systems out of service, Amended. CFC Section 90 I. 7 is hereby amended to read as follows: 25-17052/392362 50 163 ORDINANCE NO. 4343 901.7 Systems out of service, Amended. Where a required fire protection system is out of service, the fire depaiiment and the fire code official shall be notified immediately and, where required by the fire code official, the building shall be either evacuated or an approved fire watch in accordance with the latest City Specification, 402 "Fire Watch Requirements" shall be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service. Where utilized, fire watches shall be provided with not less than one approved means for notification of the fire depmiment and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. 17.56.270 Exception: Facilities with an approved notification and impairment management program. The notification and impairment program for water-based fire protection systems shall comply with California NFP A 25. Section 901.11 Nuisance Alarms, Added. Section 901.11 is hereby added to read as follows: 901.11 Nuisance Alarms, Added. If a business or operation is generating excessive nuisance alarms, in addition to fees per master fee schedule, the business may be required by the fire code official lo disable fire protection systems and therefore shall also be required to meet requirements of HBFC (CFC) Section 901.7 for fire watch. 17.56.280 CFC Section 903.2 Where Required, Amended. CFC Section 903 .2 is hereby amended to read as follows: 903.2 Where Required, Amended. Approved automatic sprinkler systems in new buildings and structures as well as existing buildings and structures, as required by Section 1103.5.6, shall be provided in the locations described in Sections 903.2.1 through 903.2.12. In no case, where the provisions of Section 903 of this code are applicable, and notwithstanding any less restrictive provisions or exceptions, shall a building or structure be constructed or modified to exceed 10,000 square feet in total gross floor area, or 5,000 square feet in gross floor area per fire area, without approved automatic sprinkler systems being provided throughout the building or fire area, respectively. 17.56.290 CFC Section 903.2.4 Group F, Amended. CFC Section 903 .2.4 is hereby amended to read as follows: 903.2.4 Group F, Amended. An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. A Group F fire area exceeds 12,000 square feet (1115 m2). 25-17052/392362 51 164 17.56.300 ORDINANCE NO. 4343 2. A Group F fire area is located more than tlu·ee stories above grade plane. 3. Reserved. 4. A Group F occupancy is used to manufacture lithium-ion or lithium metal batteries. 5. A Group F occupancy is used to manufacture vehicles, energy storage systems or equipment containing lithium-ion or lithium metal batte1ies where the batteries are installed as part of the manufacturing process. Section 903.3.5.3 Hydraulic calculations margin, Added. Section 903.3.5.3 is hereby added to read as follows: 903.3.5.3 Hydraulic calculations margin, Added. Fire protection system hydraulic calculations shall include a 10 percent safety margin between the available water supply and the required system supply. 17.56.310 CFC Section 903.4.1 Electronic supervision, Amended. CFC Section 903 .4.1 is hereby amended to read as follows: 903.4.1 Electronic supervision, Amended. Valves controlling the water supply for automatic sp1inkler systems, pumps, tanks, water levels and temperatures, critical air pressures and water-flow switches on all automatic sprinkler systems shall be electrically supervised by a listed fire alarm control unit. Exceptions: 1. Automatic sprinkler systems protecting one-and two-family dwellings. 2. Limited area systems in accordance with Section 903 .3 .8, provided that backflow prevention device test valves located in limited area sprinkler system supply piping shall be locked in the open position unless supplying an occupancy required to be equipped with a fire alarm system, in which case the backflow preventer valves shall be electrically supervised by a tamper switch installed in accordance with NFP A 72 and separately annunciated. 3. Reserved. 4. Jockey pump control valves that are sealed or locked in the open position. 5. Reserved. 6. Valves controlling the foe! supply to fire pump engines that are sealed or locked in the open position. 7. Trim valves to pressure switches in dry, pre-action and deluge sprinkler systems that are sealed or locked in the open position. 8. Underground key or hub gate valves in roadway boxes. 25-17052/392362 52 165 ORDINANCE NO. 4343 17.56.320 Section 916.1 Gas detection systems, Amended CFC Section 916.1 is hereby amended to read as follows: 916.1 Gas detection systems, Amended. Gas detection systems required by this code shall comply with Sections 916.2 through 916.12. 17.56.330 Section 916.12 Notification Devices, Added. CFC Section 916.12 is hereby added to read as follows: 916.12 Notification Devices, Added. Gas detection systems shall be equipped with emergency notification devices. Notification devices shall be located in all areas of the building protected by the gas detection system. Notification devices shall comply with the installation and spacing requirements stated in NFP A 72 and the manufacturer's specifications. 17.56.340 CFC Section 1103.5 Sprinkler systems, Amended. CFC Section 1103.5 is hereby amended to read as follows: 1103.5 Sprinkler systems, Amended. An automatic sprinkler system shall be provided in existing buildings in accordance with Sections 1 103. 5. 1 through 1103.5.6. 17.56.350 Section 1103.5.6 Tenant improvements, Added. Section 1103.5.6 is hereby added to read as follows: 1103.5.6 Tenant improvements, Added. Section 903 shall apply to existing occupancies/tenant space undergoing tenant improvement as follows: 1. Occupancy/tenant space undergoing tenant improvement where the square footage of the space is being increased. 2. Occupancy/tenant space where there is a change in occupancy classification to an assembly, educational, institutional, hazardous, or residential use. 3. Occupancy/tenant space where the entire roof structure is to be removed during the improvement. 4. Assembly occupancy with an occupant load that exceeds 299 persons. Exceptions: 1. Existing Group R-3 occupancies that will remain below a gross floor area of 5,000 square feet. 25-17052/392362 53 166 17.56.360 ORDINANCE NO. 4343 2. Existing Group R-2 occupancies where the tenant improvement is in only one unit. CFC Section 1103.7 Fire alarm systems, Amended. CFC Section 1103.7 is hereby amended to read as follows: 1103.7 Fire alarm systems, Amended. An approved fire alarm system shall be installed in existing buildings and structures in accordance with Sections 1103.7.1 through I 103.7.10 and provide occupant notification in accordance with Section 907.5 unless other requirements are provided by other sections of this code. Existing higb-rise buildings shall comply with Section 1103.7.8 and 1103.7.9. 17.56.370 Exception: Occupancies with an existing previously approved fire alarm system. Section 1103.7.10 Tenant improvements, Added. Section 1103.7.10 is hereby added to read as follows: 1103.7.10 Tenant improvements, Added. Section 907 shall apply to existing occupancies/tenant space undergoing tenant improvement as follows: 17.56.380 1. Occupancy/tenant space undergoing tenant improvement where the square footage of the space is being increased. 2. Occupancy/tenant space where there is a change in occupancy classification to an assembly, educational, institutional, hazardous, or residential use. 3. Occupancy/tenant space where the entire roof structure is to be removed during the improvement. 4. Assembly occupancy that increases the maximum occupant load to exceed 299 persons. Exception: The fire code official may waive this requirement based on the scope of the project. CFC Section 3307.1 Required access, Amended. CFC Section 3307.1 is hereby amended to read as follows: 3307.1 Required access, Amended. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within I 00 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be 25-17052/392362 54 167 ORDINANCE NO. 4343 maintained until permanent fire apparatus access roads are available. Construction sites shall have a minimum of 6-foot perimeter security fencing with gates installed for fire apparatus access. Gate widths shall be a minimum of24 feet for fire apparatus roadways and 6 feet for walk-in entry. Secured vehicle gates or entries shall utilize approved Knox padlock or entries shall utilize an approved padlock or chain (maximum link or lock shackle size of¼") when required by a fire code official. Temporary fire lane signs shall be provided and maintained to allow emergency access during construction. Hydrants, fire department connections, and fire lanes shall be posted "Fire Lane -No Parking" when required by the fire code official. 17.56.390 CFC Section 3307.2 When required, Amended. CFC Section 3313.1 is hereby amended to read as follows: 3307.2 When required, Amended. An approved water supply for fire protection, either temporary or permanent, as approved by both the Fire and Public Works Departments, shall be made available as soon as combustible material arrives on the site. 17.56.400 CFC Section 3307.5 Where required, Amended. CFC Section 3307.5 is hereby amended to read as follows: 3307.5 Where required, Amended. In buildings required to have standpipes by Section 905.3.1, not less than one standpipe shall be provided for use during construction. Such standpipe shall be provided with fire department hose connections at accessible locations adjacent to usable stairs. Such standpipes shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. 17.56.410 Section 3306.5.2 Function During Construction, Added. Section 3306.5.2 is hereby added to read as follows: 3306.5.2 Function During Construction, Added. For buildings higher than a single story above grade, and under construction, an approved automatic sprinkler system shall be installed and shall be fully functional up to one floor below the highest point of construction having secured decking or flooring. 25-17052/392362 Exceptions: I. Buildings entirely of Type I or Type 2 construction. 2. Group R-3 Occupancies. 55 168 ORDINANCE NO. 4343 17.56.420 Section 3306.7 Owner's responsibility, Added. Section 3306.7 is hereby added to read as follows: 3306.7 Owner's responsibility, Added. Necessary precautions and engineering controls shall be utilized to minimize the potential for false alarm activations caused by construction activity. False alarms caused by construction activity shall be treated as a system malfunction and may result in charges in accordance with the approved fee schedule. 17.56.430 CFC Section 5003.3.1.4 Responsibility for cleanup, Amended. CFC Section 5003.3.1.4 is hereby amended to read as follows: 5003.3.1.4 Responsibility for cleanup, Amended. The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual, at no cost lo the jurisdiction. When deemed necessary by the fire code official, cleanup may be initiated by the fire depat1ment or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Clean up shall comply with current signed City Specification 431- 92, Soil Quality Standard. 17.56.440 CFC Section 5704.2.13.1.4 Tanks abandoned in place, Amended. CFC Section 5704.2.13.1.4 is hereby amended to read as follows: 5704.2.13.1.4 Tanks abandoned in place, Amended. Tanks shall not be abandoned in place unless approved by the fire code official. 17.56.450 Amended. CFC Section 5706.3 Well drilling, operating, and abandonment. CFC Section 5706.3 is hereby amended to read as follows: 5706.3 Well drilling, operating, and abandonment, Amended. Wells for oil production or injection, and wells for natural gas shall be drilled, operated or abandoned in accordance with Sections 5706.3.1 through 5706.3.8 and the Huntington Beach Oil Code (Huntington Beach Municipal Code Title 15) and City Specification 422, Oil Well Abandonment Permit Process. Where there is a conflict between the California Fire Code, Huntington Beach Oil Code, or the City Specification, the most restrictive shall govern. 25-17052/392362 56 169 ORDINANCE NO. 4343 17.56.460 Section 5801.1.1 Methane Soil Gas, Added. Section 5801.1. 1 is hereby added to read as follows: 5801.1.1 Methane Soil Gas, Added. All sources of methane soil gas, including petrogenic and biogenic, are subject to methane soil gas testing, passive or active mitigation, and methane detection and alarm systems as prescribed in the latest signed City Specification 429, Methane District Building Permit Requirements. 17.56.470 CFC Chapter 80, Reference Standards, NFPA 13-25, Section 16.12.3.3, Amended Sections of CFC Chapter 80, Reference Standards, NFPA 13-25, are hereby amended to read as follows: 16.12.3.3, Amended. Fire department connections (FDC) shall be ofan approved type. The location shall be approved and be no more than 150 feet from a public or private hydrant. If the FDC serves a standpipe system, it shall be no more than 100 feet from a hydrant. The size of piping and the number of inlets shall be approved by the Fire code official. If approved by the H.B. Public Works Dept., it may be installed on the backflow assembly. Fire department inlet connections shall be painted OSHA safety red. When the fire sprinkler density design requires 500 gpm (including inside hose stream demand) or greater, or a standpipe system is included, four 2 ½" inlets shall be provided. 17.56.480 CFC Chapter 80, Reference Standards, NFPA 13-25, Section 28.1.3 (24), Added NFPA 13-25, Section 28.1.3 (24) is hereby added to read as follows: Section 28.1.3 (24), Added: Size and location of hydrants, showing size and number of outlets and if outlets are to be equipped with independent gate valves. Whether hose houses and equipment are to be provided, and by whom, shall be indicated. Static and residual pressures calculated by the Public Works fire flow test shall be shown. Fire flow test shall be not more than six months prior to the plan submittal to the authority having jurisdiction. 17.56.490 Amended CFC Chapter 80, Reference Standards, NFPA 13D-25, Section 5.1.1.2, Sections of CFC Chapter 80, Reference Standards, NFPA 13D-25, Section 5.1.1.2 are hereby amended to read as follows: 25-17052/392362 57 170 ORDINANCE NO. 4343 5.1.1.2, Amended. Stock of Spare Sprinklers. 17.56.500 Added 5.1.1.2.1 A supply of at least two sprinklers for each type shall be maintained on the premises so that any sprinklers that have operated or been damaged in any way can be promptly replaced. 5.1.1.2.2 The sprinklers shall correspond to the types and temperature ratings of the sprinklers in the property. 5.1.1.2.3 The sprinklers shall be kept in a cabinet located where the temperature to which they arc subjected will at no time exceed 100 °F (38°C). 5.1.1.2.4 A special sprinkler wrench shall be provided and kept in the cabinet to be used in the removal and installation of sprinklers. One sprinkler wrench shall be provided for each type of sprinkler installed. CFC Chapter 80, Reference Standards, NFPA 13D-25, Section 7.3.4, NFPA 13-25, Section 28.1.3 (24) is hereby added lo read as follows: 7.3.4 Pressure Gauges, Added. At least one water pressure gauge shall be installed on the riser assembly. 17.56.510 CFC Chapter 80, Reference Standards, Amendments to NFPA 13D- 25, Section 7.6, Amended Sections of CFC Chapter 80, Reference Standards, NFPA 13D-25, Section 7.6 are hereby amended to read as follows 7.6 Alarms, Amended. Exterior water flow alarm indicating devices shall be listed for outside service and audible from the street from which the house is addressed. Exterior audible devices shall be placed on the front or side of the structure and the location subject to final approval by the fire code official. 17.56.520 CFC Chapter 80, Reference Standards, Amendments to NFPA 24-25, Section 5.9.1.3 CFC Chapter 80, Reference Standards, NFPA 24-25, Section 5.9.1.3, is hereby amended to read as follows 5.9.1.3, Amended Fire department com1ections shall be of an approved type and contain a minimum of two 2 ½ inch inlets. The location shall be approved and be no more than 150 feet from a public or private fire hydrant when serving a fire sprinkler system. When serving a standpipe system, it can be no more than 100 feet from a hydrant. If 25-17052/392362 58 171 ORDINANCE NO. 4343 acceptable to the water authority, it may be installed on the backflow assembly. The supply pipe shall be painted OSHA safety red. 17.56.530 CFC Chapter 80, Reference Standards, NFPA 24-25, Section 5.9.1.3.1, Added CFC Chapter 80, Referenced Standards, NFPA 24-25, Section 5.9.1.3.1 is hereby added to read as follows: 5.9.1.3.1, Added. When the sprinkler density design is 500 gpm (including the interior hose stream demand) or greater, or a standpipe system is included, four 2 ½" inlets shall be provided. 17.56.540 CFC Chapter 80, Reference Standards, NFPA NFPA 24-25 Section 6.2.1.3, Added CFC Chapter 80, Referenced Standards, NFPA 24-25, Section 5.9.1.3.1 is hereby added to read as follows: 6.2.1.3, Added. The closest upstream indicating control valve to the riser shall be painted OSHA red. 17.56.550 CFC Chapter 80, Reference Standards, NFPA 24-25, Section 6.3.3, Added CFC Chapter 80, Referenced Standards, NFPA 24-25, Section 6.3.3 is hereby added to read as follows: 6.3.3, Added. All post indicator valves controlling fire suppression water supplies shall be painted OSHA red. 17.56.560 CFC Chapter 80, Reference Standards, NFPA 24-25, Section 10.1.1.3.3, Added CFC Chapter 80, Referenced Standards, NFPA 24-25, Section 10.1.1.3.3 is hereby added to read as follows: 10.1.1.3.3, Added. All ferrous pipe shall be coated and wrapped. Joints shall be coated and wrapped after assembly. All fittings shall be protected with a loose 8-mil polyethylene tube. The ends of the tube shall extend past the joint by a minimum of 12 inches and be sealed with 2 inch wide tape approved for underground use. Galvanizing does not meet the requirements of this section. Exception: 316 Stainless Steel pipe and fittings. 25-17052/392362 59 172 ORDINANCE NO. 4343 17.56.570 CFC Chapter 80, Reference Standards, Amendments to NFPA 24-25, Section 10.4.1.1, Amended CFC Chapter 80, Reference Standards, NFPA 24-25, Section 10.4.1.1 is hereby amended to read as follows: 10.4.1.1, Amended All bolted joint accessories shall be cleaned and thoroughly coated with asphalt or other corrosion retarding material prior to poly-tube, and after installation. 17.56.580 CFC Chapter 80, Reference Standards, NFPA 24-25, Section 10.4.1.4, Added CFC Chapter 80, Referenced Standards, NFPA 24-25, Section I 0.4.1.4 is hereby added to read as follows: 10.4.1.4, Added. All bolts used in pipe-joint assembly shall be 316 stainless steel. 17.56.590 CFC Chapter 80, Reference Standards, Amendments to NFPA 24-25, Section 10.4.3.1, Amended CFC Chapter 80, Reference Standards, NFPA 24-25, Section I 0.4.3.1 is hereby amended to read as follows: 10.4.3.1, Amended. Private fire service mains supplying fire protection systems within the building shall be permitted to extend no more than 18 inches, as measured from the outside of the building to the center of the vertical pipe, under the building to the riser location. The pipe under the building or building foundation shall be 316 stainless steel and shall not contain mechanical joints. 10.4.3.1.1. Pipe Joints shall not be located under foundation footings. The pipe under the building or building foundation shall be 316 stainless steel and shall not contain mechanical joints. 10.4.3.1.2. Where approved, private fire service mains supplying systems within the building shall be permitted to extend more than 18 inches under the building when all the requirements of I 0.4.3.2.1 through 10.4.3.2.4 are met. 17.56.600 IFC Appendix 0, Valet Trash and Recycling Collection in Group R-2 Occupancies, Added All sections of 2024 International Fire Code, Appendix 0, is hereby adopted. 25-17052/392362 60 ORDINANCE NO. 4343 25-17052/392362 61 HBMC Chapter 17.60 – Solar, Hydronics and Geothermal Code 17.60.010 Adoption There is hereby adopted by the City Council by reference that certain code known as the Uniform Solar, Hydronics and Geothermal Code, compiled by the International Association of Plumbing and Mechanical Officials, being particularly the 2021 Edition thereof and the whole thereof, except as hereafter provided, excluding Chapter 1, “Administration.” Such code, and amendments thereto, are hereby adopted and incorporated pursuant to California Government Code Section 50022.2 et seq., and Health and Safety Code Section 18941.5 as though fully set out at length herein for the purpose of protecting public health and safety by prescribing minimum standards for the use, design and installation of solar energy systems; by requiring a permit and inspection for installation, alteration and replacement of said equipment. From the date on which this chapter takes effect, the provisions thereof shall be controlling within the corporate limits of the City of Huntington Beach. 17.60.020 Title—Amended This chapter shall be known as the “Huntington Beach Solar, Hydronics and Geothermal Code,” may be cited as such and will be referred to herein as “this Code.” 17.60.030 Administration—Amended The administrative provisions shall be as provided for in the California Building Code, Chapter 1 Division II, Scope and Administration as adopted pursuant to Chapter 17.04 of the Huntington Beach Municipal Code. 17.60.040 Electrical—Amended Chapter 10 is amended to read as follows: Chapter 10. Electrical installations shall be in accordance with the requirements of the Huntington Beach Electrical Code. SECTION 6. References to Prior Code. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of the former Huntington Beach Building Code, 2022, shall be construed to apply to the corresponding provisions contained within the Huntington Beach Building Code, 2025. SECTION 7. This ordinance shall become effective 30 days from adoption. 173 174 ORDINANC E NO. 4343 PASSED AN D ADOPTED by the City Council of the City of Huntingto n Beach at a regular meeting thereof held on the ___ day of __________ , 2025 . ATTEST: City Clerk REV IEWED AND APPROVE D: C ity Manager 25-17052/392362 62 Mayor APPROVED AS TO FORM: City Attorney INITIATED AND APPROVED: Director of Community Development INITIATED AND APPROVED: F ire Chief Local Adoption of the 2025 California Building Standards Code (Title 24) Fire & Community Development Departments November 4, 2025 175 Table of Contents •Code Adoption Process •HB Amendments •Implementation Plan •Recommendation 176 Code Adoption Process 177 Code Adoption Process • Every 3 years the State publishes a new set of building codes • CA Building Standards Code (T24) governs construction of all buildings in the state • Every city in CA is mandated to adopt the State codes • Each city may amend the Code to address local conditions 178 Huntington Beach Municipal Code (Title 17) + +Huntington Beach Municipal Code Title 17 179 California Building Standards Commission The 2025 edition of Title 24 HB Amendments 180 HB Amendments • No new building code amendments; all amendments are carried over from previous code adoptions • Fire • Removed 2 local amendments • Added 1 local amendment • All other roll-over or minor changes for clarification from last code adoption • New California Wildland-Urban Interface (WUI) code 181 Implementation Plan 182 Implementation Plan • Distribute Information/Illustrative handouts • Update design and construction checklists • Update City website • New Construction Codes - Effective January 1, 2026 183 Recommendation 184 Recommendation • Repeal existing HBMC Title 17 Chapters below and approve for introduction current codes with amendments and set the public hearing for December 16, 2025: • Ch. 17.02 CALIFORNIA ADMINISTRATIVE CODE • Ch. 17.04 BUILDING CODE • Ch. 17.07 RESIDENTIAL CODE • Ch. 17.40 MECHANICAL CODE • Ch. 17.44 PLUMBING CODE • Ch. 17.46 SWIMMING POOL, SPA, AND HOT TUB CODE • Ch. 17.48 ELECTRICAL CODE • Ch. 17.49 ENERGY CODE • Ch. 17.49.1 WILDLAND-URBAN INTERFACE CODE • Ch. 17.50 HISTORICAL BUILDING CODE • Ch. 17.51 EXISTING BUILDING CODE • Ch. 17.52 GREEN BUILDING STANDARDS CODE • Ch. 17.53 REFERENCED STANDARDS CODE • CH. 17.56 FIRE CODE • Ch. 17.60 SOLAR, HYDRONICS AND GEOTHERMAL CODE 185 Questions? 186 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-858 MEETING DATE:11/4/2025 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Eric Parra, Chief of Police PREPARED BY:Thoby Archer, Lieutenant and Kimberly Rodriguez, Management Analyst Subject: Approve for Introduction Ordinance No. 4344 Amending Huntington Beach Municipal Code Section 10.84 - Bicycle Regulations Statement of Issue: Staff recommend amending Huntington Beach Municipal Code Section 10.84 - Bicycle Regulations to clarify and expand rules for electric bicycles (e-bikes). The proposed changes improve safety, support consistent enforcement, and provide clarity on applicable rules, addressing community concerns while meeting operational needs. Financial Impact: There is no direct financial impact associated with the introduction of this ordinance. Recommended Action: Approve for introduction Ordinance No. 4344, “An Ordinance of the City Council of the City of Huntington Beach Amending Chapter 10.84 of the Huntington Beach Municipal Code Relating to Bicycle Regulations.” Alternative Action(s): Do not introduce Ordinance No. 4344 and direct staff accordingly. Analysis: Electric bicycle (e-bike) use has increased significantly throughout Huntington Beach, creating new safety and enforcement challenges not fully addressed under the City’s existing Bicycle Regulations in Huntington Beach Municipal Code (HBMC) Section 10.84. To improve safety and provide consistent enforcement, staff recommend amending HBMC Section 10.84 to clarify rules related to e-bike operation. Updating the ordinance will clarify applicable rules for e-bike riders, ensure consistent enforcement, enhance public safety, and align with the city’s City of Huntington Beach Printed on 10/29/2025Page 1 of 2 187 File #:25-858 MEETING DATE:11/4/2025 Environmental Status: This project is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15031c under Class 1 of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on th Strategic Plan Goal: Goal 8 - Public Safety, Strategy A - Community-wide comprehensive risk reduction program to optimize public safety's emergency response and reduce the number of calls. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Ordinance No. 4344 2. HBMC 10.84 - Bicycle Regulations City of Huntington Beach Printed on 10/29/2025Page 2 of 2 188 189 ORDINANCE NO. 4344 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER I 0.84 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO BICYCLE REGULATIONS The City Council of the City of Huntington Beach does hereby ordain as follows: SECTION I. That Section 10.84.005 of the Huntington Beach Municipal Code, is hereby amended to read as follows: 10.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on a public roadway, highway, sidewalk, park, or private property open to the public. A. Unsafe manner means a rider violating any existing Huntington Beach Municipal Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a passenger, other motorists, other riders, or pedestrians in the area. 13. Examples of riding in an unsafe manner may include, but are not limited to, the following actions: I. Riding on a sidewalk without due caution for pedestrians. 2. Riding on a sidewalk, highway, bicycle path, or bicycle lane against the flow of traffic. 3. Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. 4. Intentionally swerving or riding around stopped or slowed traffic. 5. Operating in a mam1er not designed for, including carrying passengers when not designed for canying passengers. 6. Not obeying posted signs. 7. A person under the age of 18 riding without a properly fitted and fastened helmet. 8. Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicycle lane, or bicycle path. 9. Riding on a bicycle path, bicycle lane, or sidewalk at a speed greater than 25 mph or any speed greater than is reasonable or prudent under the conditions then existing, or at a speed which endangers the safety of persons or property. 190 ORDINANCE NO. 4344 SECTION 2. That Section 10.84.160 of the Huntington Beach Municipal Code is hereby added to read as follows: 10.84.160 Riding on Sidewalk and in Crosswalk A. No person shall operate a bicycle or electric bicycle: I. On any sidewalk within Downtown Huntington Beach (District 1, 2, and 3 of the Huntington Beach Downtown Specific Plan), unless explicitly allowed by signage. 2. On any pedestrian overcrossing. 3. On any sidewalk, crosswalk, event area, or other area open to the public for pedestrian travel where signage expressly prohibits such use. B. Where sidewalk or crosswalk riding is permitted, operators shall: I. Yield the right-of-way to pedestrian and exercise due care to avoid collisions. 2. Provide a clear audible sign ( e.g. bell, horn, verbal announcement) before overtaking and passing others. 3. Travel at a speed not exceeding ten (10) miles per hour, reducing to five (5) miles per hour when overtaking others or when close enough to create a hazard. C. This section shall not apply to: 1. Wheelchairs, mobility scooters, or other ass1st1ve mobility devices used by persons with disabilities, consistent with the Americans with Disabilities Act and state law. 2. Law enforcement, emergency, or public works personnel acting within the course and scope of their official duties. D. Upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church, recreation center, playground or over any pedestrian overcrossing, or within any crosswalk. SECTION 3. This ordinance shall become effective 30 days after its adoption. 392852/25-17265 2 191 ORDINANCE NO . 4344 PASSED AND ADOPTED by the City Counci l of the C ity of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2025. ATTEST: Mayor City Clerk APPROVED AS TO FORM : REVIEWED AND APPROVED: City Manager INITIAT ED AND APPROVED: :i:cffe/--¥ 392852/25-1 7265 3 192 LEGISLATIVE DRAFr HBMC 10.84 Chapter 10.84 BICYCLE REGULATIONS 810.84.140 Riding a Bicycle or Similar Conveyance in an Unsafe Manner No person shall ride a conventional bicycle, electric bicycle, moped, motor-driven cycle, electric motorcycle, pocket bike, or any other electric conveyance not previously named in an unsafe manner on a public roadway, highway, sidewalk, park, or private prope1ty open to the public. A. Unsafe manner means a rider violating any existing Huntington Beach Municipal Code, California Vehicle Code, or other existing law. An unsafe manner can also be defined as operating the conveyance in such a way as to constitute a danger to the operator, a pas senger, other motori sts, other riders, or p edestr·ians in the area. B. Examples ofriding in an unsafe manner may include, but are not limited to, the following actions: 1. Riding on a sidewalk without due caution for pedes trians. 2. Riding on a sidewalk, highway , bicycle path, or bicycle lane against the flow of traffic. 3. Not yielding to vehicles or pedestrians when required to by the California Vehicle Code. 4. Intentionally swerving or riding around stopped or slowed traffic. 5. Operating a conveyance in a manner #-was not designed for, including carrying passengers when not designed for carrying passengers. 6. Not obeying po sted signs. 7 . A person under the age of 18 riding without a properly fitted and fastened helmet. 8. Intentionally lifting one or more wheels into the air while riding on a highway, sidewalk, bicy cle lane, or bicycle path. 9. Riding on a bicycle path , bicycle lane, or sidewalk at a speed greater than 25 mph or any s peed greater than is reasonable or prudent under the conditions then existing, or at a speed which endangers the safety of persons or property. 10.84.160 Riding on Sidewalk and in Crosswalk A. No person shall fide--a operate a bicycle or electric bicycle: 1. On any s idewalk within Downtown Huntington Beach (District 1, 2, and 3 of the Huntington Be ach Downtown Specific Plan), unle ss explicitly allowed by s1gnage. 2 . On any pedestrian overcrossing. 3. On any sidewalk, crosswalk, event area, or other area open to the public for pedestrian travel where signage expressly prohibits such use. 193 B. Where sidewalk or crosswalk riding is permitted, operators shall: 1. Yield the right-of-way to pedestrian and exercise due care to avoid collisions. 2. Provide a clear audible sign (e.g. bell, horn, verbal announcement) before overtaking and passing others. 3. Travel at a speed not exceeding ten (10) miles per hour. reducing to five (5) miles per hour when overtaking others or when close enough to create a hazard. C. This section shall not apply to: 1. Wheelchairs, mobility scooters. or other assistive mobility devices used by persons with disabilities, consistent with the Americans with Disabilities Act and state law. 2. Law enforcement, emergency, or public works personnel acting within the course and scope of their official duties. D. Upon a sidewalk within any business district, or upon the sidewalk adjacent to any public school building, church. recreation center. playground or over any pedestrian overcrossing. or within any crosswalk. 10.84.170 ¥iellling Right ef Wa•1 Reserved, Whenever any pcrsen is rirnng a bicycle upen a sidewalk, such perssn shall yield the right ef way ts any pedestrian, and when overtaking an passing a pedestrian shall give an audible signal. A persen riding a bieyelc eff a sidewalk and onto a roadway shall yield ts all traffic on the readway. City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:25-857 MEETING DATE:11/4/2025 Subject: Councilmember Item Submitted by Councilmen Butch Twining, Andrew Gruel, and Chad Williams - Pedestrian and Bike Safety Recommended Action: Direct the City Manager to continue to explore pedestrian and bike safety projects and funding, and to work with CalTrans and local legislators to support, identify funding, and prioritize pedestrian and bike safety projects. Attachment(s): 1. Twining, Gruel, Williams Memo City of Huntington Beach Printed on 10/29/2025Page 1 of 1 194 City Council Meeting – Council Member Items Report To: City Council From: Butch Twining, Councilman Andrew Gruel , Councilman Chad Williams , Councilman Date: November 4 , 2025 Subject: PEDESTRIAN AND BIKE SAFETY 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT Keeping cyclists and pedestrians safe on a busy road like PCH is about more than just traffic management—it’s about protecting lives and accessibility for everyone that makes this stretch of the coast special. Every day, locals and visitors use PCH to walk, run, and bike. But the same qualities that make it iconic—its popularity and access along coastal towns—also make it dangerous for people traveling outside of cars. By working together to improve visibility, calm traffic, and build safer spaces for everyone, we can create a corridor where drivers, cyclists, and pedestrians coexist. In June, Public Works applied for the Safe Routes to School Grant, targeting the Pacific Coast Highway and Beach Boulevard Safety Action Plan. In 2027 the City hopes to receive those funds totaling more than $600,000. Every October the HBPD promotes National Pedestrian Safety Month, provided by a grant from the California Office of Traffic Safety through the National Highway Traffic Safety Administration. HBPD reminds divers to always take extra precautions to help protect pedestrians and offers driving safety tips. As part of an upcoming Caltrans project, PCH from Bolsa Chica to Beach Blvd will see improvements. CalTrans will formalize the bike lanes and add buffer zones between the bike lane and the travel lanes from the Santa Ana River to Beach. These efforts, and continued support and planning, represent meaningful steps toward a safer, more connected coastal community. RECOMMENDED ACTION Direct the City Manager to continue to explore pedestrian and bike safety projects and funding, and to work with CalTrans and local legislators to support, identify funding, and prioritize pedestrian and bike safety projects. ENVIRONMENTAL STATUS Not applicable STRATEGIC PLAN GOAL Non Applicable - Administrative Item 195 •. CITY OF _ HUNTINGTON BEACH