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HomeMy WebLinkAbout2026-04-21 Revised 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: Digital presentations and/or videos are not 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, April 21, 2026 Closed Session - 4:00 PM Regular Meeting - 6:00 PM *Revised Agenda* Added File #26-379 Council Chambers 2000 Main Street Huntington Beach, CA 92648 MAYOR AND CITY COUNCIL CASEY MCKEON, Mayor BUTCH TWINING, Mayor Pro Tem PAT BURNS, Councilman ANDREW GRUEL, Councilman DON KENNEDY, 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 AGENDA April 21, 2026City Council/Public Financing Authority 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Gruel, Kennedy, Twining, McKeon, Burns, Van Der Mark, Williams ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS - CLOSED SESSION ITEMS At this time, the City Council will receive comments from members of the public regarding Closed Session items. Individuals wishing to provide a comment on Closed Session may do so in person by filling out a (SALMON) Request to Speak form delivered to the sergeant at arms. 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 26-3571.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Police Officers’ Association (HBPOA). 26-3582.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). 26-3593.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Page 1 of 8 AGENDA April 21, 2026City Council/Public Financing Authority Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Firefighters’ Association (HBFA). 26-3604.CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 26-3615.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 26-3626.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. 26-3647.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Smith (Christopher Scott) v. City of Huntington Beach; 30-2024-01376230-CU-WT-WJC. 26-3658.CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Grant Parks (California State Auditor) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2024-01435113. 26-3669.CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 26-36810.CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Page 2 of 8 AGENDA April 21, 2026City Council/Public Financing Authority Gruel, Kennedy, Twining, McKeon, Burns, Van Der Mark, 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. 26-35211.Huntington Beach Police Chaplain James Pike PLEDGE OF ALLEGIANCE 26-35612.David Beigel, American Legion Post 133 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. AWARDS AND PRESENTATIONS 26-36713.Police Chief Parra and City Council to Recognize Workers Compensation Doctors who Provide Outstanding Service and Dedication to our Community and First Responders Through the Orthopedic Fast Track Program ADOPTABLE PET OF THE MONTH BUSINESS HIGHLIGHT 26-35114.Business Highlight Presentation COMMUNITY EVENTS ANNOUNCEMENTS (2-Minute Time Limit) Limited to one representative, one announcement This brief agenda segment is reserved for time -sensitive, organized events taking place within the City that are open to the public or support recognized community goals (e.g., nonprofit fundraisers, library programs, equestrian center events, City -sponsored activities). It is not a public-comment period and is not intended for individual solicitations, private parties, commercial promotions, or political campaigning. Individuals wishing to provide a community event announcement may do so in person by filling out a (WHITE) Request to Speak form delivered to the sergeant at arms. Page 3 of 8 AGENDA April 21, 2026City Council/Public Financing Authority ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS 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 (PINK) Request to Speak form delivered to the sergeant at arms. Please note that the Brown Act does not allow discussion or action on topics that are not on the agenda. Members of the public who would like to speak directly with a Councilmember on an item not on the agenda may consider scheduling an appointment by contacting the City Council's Administrative Assistant at (714) 536-5553 or emailing the entire City Council at city.council@surfcity-hb.org. While the City Council welcomes public involvement and supports and defends free speech, the City Council rejects comments from anyone that are discriminatory, defamatory or otherwise not protected free speech. Those comments will not inform nor be considered by the City Council and may be cause for the Mayor to interrupt the public speaker. Such public comments will not be consented to or otherwise adopted by the City Council in its discussions and findings for any matter tonight. COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS Councilmembers may make brief announcements on any appointments made to a board, committee, or commission. Councilmembers may not discuss or take any action on these announcements. Announcements are limited to 1 minute. AB 1234 REPORTING Per AB 1234 (Government Code Section 53232.3(d)) Councilmembers who attend a meeting, conference, or similar event at the expense of the City must provide a brief report of the meeting, conference, or similar event during the next regular City Council meeting. Reports are limited to 1 minute. OPENNESS IN NEGOTIATION DISCLOSURES Councilmembers must publicly disclose any meetings or communications with City employee associations, related to the negotiations of labor agreements. Disclosures are limited to 1 minute and must be made by the next regular City Council Meeting. PUBLIC HEARING For the benefit of the public, prior to a public hearing item, each member of the City Council will disclose any ex parte communications they may have had pertaining to the item. In simple terms, public hearings are quasi -judicial proceedings and the information used by the City Council to make its decisions should be limited to that which is obtained during the public hearing. Ex parte communications, then, means any information obtained outside of a public hearing. In such public hearing proceedings, the City Council must uphold constitutional and statutory due process rights Page 4 of 8 AGENDA April 21, 2026City Council/Public Financing Authority of present and non-present parties by disclosing ex parte communications. Ex parte communications include oral and written information, as well as visual or auditory information obtained during a site visit. Individuals wishing to provide a comment on an item scheduled for Public Hearing may do so in person by filling out a (GREEN) Request to Speak form delivered to the sergeant at arms. Each speaker may have up to 3 minutes unless the volume of speakers warrants reducing the time allowance. 26-28015.Appeal of Planning Commission’s Action on Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 (Huntington Club Remodel and Bungalows) - Continued from the March 17, 2026, City Council Meeting A)Find Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32; and B)Approve Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22- 009 with suggested findings and conditions of approval (Attachment No. 1). Recommended Action: CITY MANAGER'S REPORT 26-37216.Police Department eBike Update Report CITY CLERK'S REPORT 26-34917.2026 Safe and Sane Fireworks Stand Lottery CONSENT CALENDAR (Items 18 - 24) City Clerk 26-35018.Approve and Adopt Minutes Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 7, 2026. Recommended Action: City Manager 26-22519.Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach (City) and the County of Orange (County) for Capital Improvements and Services at Huntington Beach Navigation Center Page 5 of 8 AGENDA April 21, 2026City Council/Public Financing Authority Approve and authorize the City Manager to execute the Memorandum of Understanding between the City of Huntington Beach and the County of Orange for Capital Improvements and Services at the Huntington Beach Navigation Center. Recommended Action: 26-27220.Adopt Resolution No. 2026-09 Declaring each December 5th as “Sugar the Surfing Dog Day” in the City of Huntington Beach Adopt Resolution No. 2026-09 “A Resolution of the City Council of the City of Huntington Beach Declaring each December 5th as ‘Sugar the Surfing Dog Day’ in the City of Huntington Beach.” Recommended Action: Community Development 26-24521.Approval of New Lease Agreement with Currents Outdoor, LLC for City-Owned Property at 10449 Adams Avenue Approve and authorize the Mayor, City Clerk, and City Manager to execute the lease with Currents Outdoor, LLC. Recommended Action: Police 26-33922.Approval of "Agreement for Provision of OC Animal Care Services Between County of Orange and the City of Huntington Beach" for animal care services Approve and authorize the Chief of Police and City Clerk to execute the "Agreement for Provision of OC Animal Care Services Between County of Orange and the City of Huntington Beach." Recommended Action: Public Works 26-26623.Approve and Accept the Public Improvements, Release Sureties, and Accept Guarantee and Warranty Bond for the Holly Triangle Residential Project (Tract 19118) A)Accept the improvements constructed and dedicated for public use with Tract 19118, 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. 4470394W (Attachment 3), the surety furnished for guarantee and warranty of public improvements , and instruct the City Clerk to Recommended Action: Page 6 of 8 AGENDA April 21, 2026City Council/Public Financing Authority file the bond with the City Treasurer; and , C)Release Faithful Performance Bond No. 4470394, Labor and Material Bond No. 4470394, and Monument Bond No. 4470395; and, D)Instruct the City Clerk to notify the developer, Bonanni Development Company IV, of this action, and the City Treasurer to notify the surety, SureTec Insurance Company, of this action. 26-26824.Accept Lowest Responsive and Responsible Bid and Authorize to Execute Construction Contract with We R Builders, Inc. in the Amount of $729,770 for the Hartlund Water Main Replacement (CC-1735) A)Accept the lowest responsive and responsible bid submitted by We R Builders, Inc. in the amount of $729,770; and , B)Authorize the Director of Public Works to approve change orders up to the 15% contingency for potential construction-related changes; and , C)Authorize the Mayor and City Clerk to execute a construction contract with We R Builders, Inc. in a form approved by the City Attorney. Recommended Action: COUNCIL MEMBER ITEMS 26-36325.Item Submitted by Mayor McKeon - Declaration of May 7, 2026 as Theodore Roosevelt Day in Huntington Beach Recognize the legacy of Theodore Roosevelt and bring forth a Resolution to declare May 7, 2026 as Theodore Roosevelt Day in Huntington Beach. Recommended Action: 26-36926.Item Submitted by Don Kennedy, Councilman, Casey McKeon, Mayor, and Pat Burns, Councilman to Create a City Council Lease Review Ad Hoc Committee to Review and Make Recommendations on City Leases Establish a City Council Lease Review Ad Hoc Committee, consisting of three Council Members, through December 31, 2026, to review City leases and provide recommendations for City Council consideration. Recommended Action: 26-37327.Item Submitted by Mayor McKeon to Create a City Council Ad Hoc Page 7 of 8 AGENDA April 21, 2026City Council/Public Financing Authority Committee to review and make recommendations on the Request for Proposals for the Creative Strategy, Branding, Merchandising, Media, Communications, and Film Industry Development Systems Create a City Council Ad Hoc Committee consisting of three Council Members to review the process, received proposals and provide a recommendation on the approach for this project. Recommended Action: 26-379NEW Item Submitted by Councilman Williams and Councilman Gruel - Council Discussion on the Origin and Procurement Process of the City Asset and Revenue Audit and the proposed $720,000 Wolffhaus Agreement Refer to City Council Memorandum (included as Attachment #1). Recommended Action: ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, May 5, 2026, 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 8 of 8 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-357 MEETING DATE:4/21/2026 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Police Officers’ Association (HBPOA). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 10 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-358 MEETING DATE:4/21/2026 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 11 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-359 MEETING DATE:4/21/2026 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Firefighters’ Association (HBFA). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 12 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-360 MEETING DATE:4/21/2026 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Fire Management Association (FMA). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 13 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-361 MEETING DATE:4/21/2026 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 14 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-362 MEETING DATE:4/21/2026 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 4/15/2026Page 1 of 1 15 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-364 MEETING DATE:4/21/2026 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Smith (Christopher Scott) v. City of Huntington Beach; 30-2024- 01376230-CU-WT-WJC. City of Huntington Beach Printed on 4/15/2026Page 1 of 1 16 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-365 MEETING DATE:4/21/2026 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Grant Parks (California State Auditor) v. City of Huntington Beach, et al.; OCSC Case No.: 30-2024-01435113. City of Huntington Beach Printed on 4/15/2026Page 1 of 1 17 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-366 MEETING DATE:4/21/2026 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9 (d)(2).): One (1). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 18 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-368 MEETING DATE:4/21/2026 CONFERENCE WITH LEGAL COUNSEL-LITIGATION (Gov. Code section 54956.9(d)(4).): One (1). City of Huntington Beach Printed on 4/15/2026Page 1 of 1 19 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-352 MEETING DATE:4/21/2026 Huntington Beach Police Chaplain James Pike City of Huntington Beach Printed on 4/15/2026Page 1 of 1 20 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-356 MEETING DATE:4/21/2026 Subject: David Beigel, American Legion Post 133 City of Huntington Beach Printed on 4/15/2026Page 1 of 1 21 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-367 MEETING DATE:4/21/2026 Subject: Police Chief Parra and City Council to Recognize Workers Compensation Doctors who Provide Outstanding Service and Dedication to our Community and First Responders Through the Orthopedic Fast Track Program City of Huntington Beach Printed on 4/15/2026Page 1 of 1 22 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-351 MEETING DATE:4/21/2026 Subject: Business Highlight Presentation City of Huntington Beach Printed on 4/15/2026Page 1 of 1 23 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-280 MEETING DATE:4/21/2026 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 PREPARED BY:Joanna Cortez, Principal Planner Subject: Appeal of Planning Commission’s Action on Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 (Huntington Club Remodel and Bungalows) - Continued from the March 17, 2026, City Council Meeting Statement of Issue: Transmitted for the City Council’s consideration is the appeal filed by Douglas Scott Warren, Susan Ridgeway, and Cheryl Gates, members of the Huntington Club, of the Planning Commission’s action on Conditional Use Permit (CUP) No. 22-011 and Coastal Development Permit (CDP) No. 22-009, a request to demolish an existing two-story 6,231 sq. ft. tennis clubhouse, four court areas, and existing pool and spa area and redevelop the site with a new two-story, 12,046 sq. ft., tennis clubhouse building at an overall height of 30 ft.-8 in., along with a new junior Olympic-sized pool and spa, parking, and landscaping. The request also includes the construction of four single-story detached bungalow structures at an overall height of 17 ft.-3 in. and two loft units proposed on the second floor of the new tennis clubhouse. The appellants submitted a letter to City staff on March 4, 2026, requesting the item to be continued to a later date to allow further discussion between them and the applicant (Attachment No. 12). A public hearing on this item was held by the City Council on March 17, 2026, with 10 public speakers (3 in support and 7 in opposition). After consideration,the City Council continued the project with a 6-0-1 vote to the April 21, 2026, City Council meeting and directed the applicant to: 1. Continue discussions with the appellants; 2. Confirm status and resolution of existing unpermitted tennis court lighting; and 3. Provide a status update on new entitlement application to light tennis courts. Financial Impact: Not Applicable Planning Commission Action: A) Find Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 exempt City of Huntington Beach Printed on 4/15/2026Page 1 of 5 24 File #:26-280 MEETING DATE:4/21/2026 Alternative Action(s): The City Council may take one of the following alternative actions: A) Continue Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 and direct staff accordingly. B) Do not make the suggested findings, which will result in mandatory denial per Section 241.10 (C) of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). Analysis: A.PROJECT PROPOSAL: Applicant: Jonathan Bailey, Golf Realty Fund Location: 6501 Palm Avenue, 92648 (North side of Palm Ave., between Goldenwest St. and Seapoint St.) Conditional Use Permit (CUP) No. 22-011 and Coastal Development Permit (CDP) No. 22-009:to demolish an existing two-story 6,231 sq. ft. tennis clubhouse, four court areas, and existing pool and spa area and redevelop the site with a new two-story, 12,046 sq. ft., tennis clubhouse building at an overall height of 30 ft.-8 in., along with a new junior Olympic-sized pool and spa, parking, and landscaping. The request also includes the construction of four single-story detached bungalow structures at an overall height of 17 ft.-3 in. and two loft units proposed on the second floor of the new tennis clubhouse (Attachment Nos. 2 and 8). B.PLANNING COMMISSION MEETING AND RECOMMENDATION: On January 27, 2026, the Planning Commission held a public hearing on the project. There were four speakers in support of the item and twelve in opposition (Attachment No. 6). Staff also received two phone inquiries about the project and one letter opposing the project (Attachment No. 7). Planning Commission Action on January 27, 2026: A MOTION WAS MADE BY GOLDBERG, SECONDED BY MCGEE, TO FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332, CLASS 32; AND APPROVE CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009 WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO LIMIT THE BUNGALOWS TO HUNTINGTON CLUB MEMBERS ONLY AND WORK WITH CITY STAFF TO LIGHT SIX EXISTING UNLIT TENNIS COURTS, BY THE FOLLOWING VOTE: City of Huntington Beach Printed on 4/15/2026Page 2 of 5 25 File #:26-280 MEETING DATE:4/21/2026 MOTION APPROVED C.APPEAL: On February 9, 2026, Douglas Scott Warren, Susan Ridgeway, and Cheryl Gates appealed the project (Attachment No. 3) citing the following: • The proposed land use (lodging) is not consistent with the Open Space Zoning District • The Class 32 CEQA Exemption does not apply to the proposed project • The Planning Commission relied on unsupported economic claims • The Planning Commission decision is not supported by substantial evidence D.STAFF ANALYSIS: The January 27, 2026, Planning Commission staff report (Attachment No. 5) provides a detailed description and analysis of the proposed project. The project consists of bungalows and lofts (six total) intended for short-term lodging, which are incidental and accessory to the site’s primary use as a private tennis and golf club. The club is conditionally permitted as a commercial recreation use within the Open Space - Parks and Recreation (OS-PR) zoning designation. The following responses to the appeal are provided below. Appeal Pursuant to Chapters 204 and 213 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), accessory uses within the OS-PR zone must be incidental to the principal open space use. Accessory uses to conditionally permitted uses (commercial recreation) are also subject to a conditional use permit by the Planning Commission. The primary use of the property will remain a private tennis and golf club, and the proposed bungalow and loft facilities will function as an amenity exclusively for club members. Campgrounds and overnight recreational vehicles are examples of ancillary uses to an open space use of parks or beaches, which are the primary recreational use. The proposed project is consistent with the City’s General Plan, Coastal Element, and HBZSO, and does not conflict with applicable public recreation or coastal access policies. The project is located within a private tennis and golf facility. It involves a remodel and upgrade of an existing recreational building and amenities. It will continue to serve as a private club for members. Prior to action on the proposed project by the Planning Commission, a Class 32 Exemption justification was prepared by a third-party environmental consultant. The analysis in the exemption justification (Attachment No. 9) provides substantial evidence that the proposed project properly qualifies for an exemption under CEQA Guidelines Section 15332 (i.e., Class 32) and, as a result, would not have a significant effect on the environment. Additionally, the analysis shows there are no exceptions to qualifying for the Categorical Exemption, as identified in CEQA Guidelines Section 15300.2.Accordingly, the project qualifies for an exemption under the California Environmental Quality Act (CEQA) Guidelines Section City of Huntington Beach Printed on 4/15/2026Page 3 of 5 26 File #:26-280 MEETING DATE:4/21/2026 Environmental Status: A review of the proposed project was conducted by EPD, a third-party environmental consultant. The review determined that the project will not have any significant effect on the environment and is documented in an Exemption Justification in Attachment No. 9. Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Suggested Findings and Conditions of Approval 2. Plans received and dated November 6, 2026 3. Appeal Letter received and dated February 9, 2026 4. Planning Commission Notice of Action dated January 28, 2026 5. Planning Commission Staff Report of January 27, 2026 6. Planning Commission Minutes of January 27, 2026 7. Opposition Letter 8. Narrative 9. Class 32 Exemption Justification 10. Vicinity Map City of Huntington Beach Printed on 4/15/2026Page 4 of 5 27 File #:26-280 MEETING DATE:4/21/2026 City of Huntington Beach Printed on 4/15/2026Page 5 of 5 28 Attachment 1.1 ATTACHMENT NO. 1 CONDITIONAL USE PERMIT NO. 22-011 COASTAL DEVELOPMENT PERMIT NO. 22-009 SUGGESTED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The City Council finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines. The Project meets all conditions described in CEQA Guidelines Section 15332(a) through (e) pertaining to in-fill development projects (Class 32 categorical exemption): (a) The Project is consistent with all applicable general plan designations and policies, as well as applicable zoning designations and regulations; (b) the Project occurs entirely within City of Huntington Beach limits on a 2.46-acre portion of the project site and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. Therefore, the Project qualifies for Class 32 exemption and is categorically exempt under Section 15332 of the CEQA Guidelines. SUGGESTED FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 22-011: 1. Conditional Use Permit No. 22-011 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse (12,046 sq. ft.) at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse for lodging for club members and will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood as the proposed use will be within an existing private golf and tennis club facility. The proposed project is not anticipated to generate any significant noise, traffic, parking or other impacts detrimental to surrounding properties and is consistent with the subject property’s zoning. The proposed amenities are ancillary to an approved commercial recreation use. The design of the tennis clubhouse incorporates contemporary architecture with a combination of façade breaks and architectural elements and materials that provide visual interest such as smooth plaster, contrasting concrete and metal accents, and a standing seam metal roof. The bungalows include similar materials with a modern Spanish Colonial Revival architectural style, clay tile roofs, and primarily smooth plaster façade finish. The shared materials will complement the new buildings with the existing golf clubhouse. New landscaping and net additional 32 parking spaces will enhance the recreational facility. The proposed bungalows will replace four tennis court areas and along with the lofts provide short-term accommodations for members and their guests during club events as an additional amenity to the club. 29 Attachment 1.2 Furthermore, the nearest residence is approximately 75 feet away from the nearest bungalow and more than 100 feet away from the nearest parking space. To minimize potential noise impacts during nighttime hours, the project is conditioned to post signage restricting visitors from congregating outside of the bungalows during nighttime hours and provide onsite club personnel/security to patrol and enforce quiet hours. The new tennis clubhouse/fitness center and swimming pool will be replaced at their existing location, approximately 380 feet away from the nearest residence, and surrounded by the existing golf clubhouse, lake feature, and center tennis court. The new tennis clubhouse and pool will be oriented towards the site’s parking lot. The project will enhance the site and support the continuation of an existing commercial recreation use. 2. The granting of Conditional Use Permit No. 22-011 to remodel a portion of an existing private golf and tennis club facility (The Huntington Club) and add new lofts and bungalows as ancillary amenity will not adversely affect the General Plan because it is consistent with the Land Use Element designation of Open Space-Recreation (OS-R) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1: New commercial, industrial and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1 (D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-14 (B): Encourage both coastal and inland visitor-serving uses to offer a wide spectrum of opportunities for residents and visitors. Noise Element Policy N-1 (A): Maintain acceptable stationary noise levels at existing noise-sensitive land uses such as schools, residential areas, and open spaces. Environmental Resources and Conservation Element Policy ERC-2 (D): Encourage and coordinate with private commercial recreational businesses to provide recreational services and facilities that may not otherwise be offered by the City. The proposed development will continue the land use pattern of open space-recreation uses in the surrounding area. The new tennis clubhouse and pool will be updated and located in their existing locations. The new clubhouse will remain two stories and will be similar in height with surrounding properties. The new bungalows will also be compatible in height, proportion, scale, and character with the neighborhood and similar existing recreational uses on-site. The buildings feature quality architecture and exterior finish 30 Attachment 1.3 materials, and the functional site layout integrates landscape improvements with adequate vehicular and pedestrian circulation. The existing private golf and tennis club will continue to operate as originally approved. The new units for short-term accommodation will be an additional amenity offered to members of the private club and conditioned to be limited to members and their guests to ensure the development remains compatible with the surrounding uses and compliant with the General Plan and zoning designations. In addition to conditions of approval, adequate distances between new structures and adjacent residential uses are provided to sufficiently buffer and minimize potential impacts on noise-sensitive uses. Site upgrades will support the club’s operations in providing amenities to residents and visitors that promote recreational uses within the coastal zone. 3. Conditional Use Permit No. 22-011 to remodel an existing private golf and tennis club facility and add new lofts and bungalows will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because the OS-PR zoning designation allows for commercial recreational uses with the approval of a conditional use permit. The proposed improvements will be located within the premises of an existing commercial recreation facility and conforms to applicable site development standards, including landscaping, setbacks, height, and parking. SUGGESTED FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. Coastal Development Permit No. 22-009 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse building at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis court areas (three tennis courts and one outdoor event space). The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse as short-term accommodation for club members and conforms with the General Plan, including the Local Coastal Program because the project is consistent with Coastal Element Policy C.1.1.1, which encourages development within, or contiguous to or in close proximity to existing developed areas able to accommodate it. The project’s location would not result in an impact on open space recreational areas. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. 2. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code because the proposed project complies with applicable development regulations, including building setbacks, building height, parking, and landscaping. It is also consistent with the design guidelines and is compatible with the scale and transition of surrounding development. 3. At the time of occupancy, the proposed development to remodel an existing private golf and tennis club facility and add new lofts and bungalows can be provided with infrastructure in a manner that is consistent with the Local Coastal Program as the proposed project will be constructed on a developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. In addition, the project provides the necessary public improvements. 31 Attachment 1.4 4. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City’s General Plan, Coastal Element, and HBZSO. SUGGESTED CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. The site plan, floor plan, and elevations received and dated November 6, 2025 shall be the conceptually approved layout with the following modification: The width of the new island planter in the parking lot shall be reduced to provide minimum 26 ft. wide drive aisles for backup and maneuvering of 90-degree stalls. (HBZSO Sec. 231.14) 2. The use shall comply with the following: a. Bungalow/loft units shall be limited to The Huntington Club members and their guests only and shall be rented to members for short-term accommodation (less than 30 days only). b. Units shall not be converted into residential units or short-terms rentals open to the public. (HBMC 5.120) c. Occupancy of less than 30 days shall be subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. (HBMC 3.28) d. Signage shall be placed around the bungalows enforcing quiet hours between 10 pm – 7 am. e. Facility personnel shall be present to enforce quiet hours to limit congregating around the bungalows/lofts units. f. In the event of multiple verified complaints of violation of the Huntington Beach Noise Control Ordinance (HBMC Chapter 8.40), the applicant shall immediately meet with the Community Development Department to discuss mitigation measures. g. The applicant shall work with the Community Development Department to process an application to provide lighting for up to six unlit tennis courts on the property. 3. Prior to submittal of building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A photometric plan of new light standards and fixtures shall be submitted to the Community Development Department for review and approval demonstrating that illumination will not occur over property lines shared with adjacent residential properties. The approved plan shall be included in the building permit set. 32 Attachment 1.5 4. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 5. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 6. Prior to issuance of building permit, an interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, members and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 7. During demolition, grading, site development, and/or construction, the following shall be completed: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. 8. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. 9. The final building permit(s) cannot be approved until the following has been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 10. CUP No. 22-011 and CDP No. 22-009 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the 33 Attachment 1.6 Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 11. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION The owner of the property which is the subject of this project and the project applicant, if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the city or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. 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LOUNGE ENTRY PRO SHOP MENWOMEN GUEST RECEPTION MASSAGE ELEV. 6 PARKING STALLS EXISTING PICKLEBALL COURTS 8 PARKING STALLS FITNESS CENTER PERFORMANCE THERAPY 5 EX I S T I N G P A R K I N G S T A L L S 7 PARKING STALLS 4 PARKING STALLS3 PARKING STALLS FH R VAN RANCHO VALENCIA LAKE LAKE PALM A V E N U E FHFHF 6 PAP G STALLS 8 PAA STALLSLLSLSSS T STAL L S G 8 EX I S 8 E8 E8 E88 EX8 EX S ST A L ALLL TALALLLSL AR K I RAR 6 P A R RAAP AL LSLSLSLS 5 P PPA R PP P 5 R LIMIT O F W O R K LIMIT O F W O R K LIM I T O F W O R K LI M I T O F W O R K LIMIT OF W O R K LI M I T O F W O R K LIM I T O F W O R K The Huntington Club City of Huntington Beach . California Schematic Design Job No.: LC 24023 Date: February 28, 2025 0 8 16 32 Scale: 1/16"= 1'-0" VILLA COMPLEX PARKING PICKLE BALL VIEWING / BLEACHERS GATED ENTRY TO VILLAS NEW PARKING LOT ISLAND NEW TENNIS CLUB BUILDING W/ HOSPITALITY LOFT POOL AREA OUTDOOR FOOD COURT / BEER GARDEN (19th. HOLE) CENTRAL WALK TO TENNIS & PICKLE BALL COURTS FOOD TRUCK Landscape Plan Overall Site SD-01 HOSPITALITY VILLAS EXISTING SUNKEN CENTER TENNIS COURT W/ TERRACED SEATING EXISTING GOLF CLUB BUILDING CABANAS NEW SPA NEW POOL EXISTING TURF PARKWAY PARKING LOT PERIMETETER TREES BOTANICAL NAMESYMBOL PRELIMINARY PLANT PALETTE WUCOLZONE 3 PALMS: SHRUBS: COMMON NAME PHOENIX DACTYLIFERA DATE PALM L CASSIA LEPTOPHYLLA GOLDEN SHOWER TREE MTREES: CINNAMOMUM CAMPHORA CAMPHOR TREE M JACARANDA MIMOSIFOLIA JACARANDA TREE M LAGERSTROEMIA INDICA X FAURIEI 'MUSKOGEE' MUSKOGEE CRAPE MYRTLE M OLEA EUROPAEA OLIVE TREE L SCHINUS MOLLE CALIFORNIA PEPPER TREE L AGAVE ATTENUATA 'BOUTIN BLUE'FOX TAIL AGAVE L AGAVE ATTENUATA 'RAEA'S GOLD' GOLDEN FOX TAIL AGAVE L AGAVE ATTENUATA 'VARIEGATA' VARIEGATED FOX TAIL AGAVE L AGAVE 'BLUE GLOW' BLUE GLOW AGAVE L AGAVE GEMINIFLORA TWIN-FLOWERED AGAVE L ALOE 'ALWAYS RED' ALWAYS RED ALOE L ALPINIA ZERUMBET 'VARIEGATA' VARIEGATED SHELL GINGER M ANIGOZANTHOS FLAVIDUS 'BIG RED' RED KANGAROOM PAW M ANIGOZANTHOS HYBRID 'HARMONY' RED-YELLOW KANGAROO PAW M BOUGAINVILLEA 'LA JOLLA' LA JOLLA BOUGAINVILLEA L CALANDRINIA SPECTABILIS ROCK PURSLANE L CALLISTEMON VIMINALIS 'LITTLE JOHN'LITTLE JOHN DWARF BOTTLEBRUSHL CAMPANULA PORTENSCHLAGIANA'SNOWFLAKE'DALMATION BELLFLOWER M CANNA 'AUSTRALIA' CANNA LILY M CANNA INDICA 'MACTRO' TROPICANNA GOLD CANNA M CAREX OSHIMENSIS 'EVERILLO' JAPANESE SEDGE M CEANOTHUS 'WHEELER CANYON' BLUE MOUNTAIN LILAC M CHONDROPETALUM TECTORUM CAPE RUSH M CORDYLINE X. 'JURED' FESTIVAL BURGUNDY CORDYLINE M DIANELLA CAERULEA 'CASSA BLUE'BLUE FLAX LILY M DIANELLA TASMANICA 'SILVER STREAK'SILVER STREAK FLAX LILY M DIETES GRANDIFLORA FORTNIGHT LILY M EQUISETUM HYEMALE HORSETAIL M EUONYMUS JAPONICUS'AUREO-MARGINATUS'GOLDEN EUONYMUS M M FESTUCA GLAUCA 'ELIJAH BLUE' ELIJAH BLUE FESCUE M HESPERALOE PARVIFLORA RED OR YELLOW YUCCA M LANTANA CAMARA LANTANA M LANTANA MONTEVIDENSIS PURPLE TRAILING LANTANA M LANTANA 'NEW GOLD'NEW GOLD LANTANA M LIRIOPE 'GIGANTEA'GIANT LILY TURF M EUONYMUS JAPONICUS'MICROPHYLLUS VARIEGATUS'VARIEGATED BOXLEAFEUONYMUS LOROPETALUM CHINESE VAR. RUBRUM 'CRIMSON FIRE' CHINESE FRINGE FLOWER M MUHLENBERGIA CAPILLARIS PINK MUHLY GRASS M MYOPORUM PARVIFOLUM 'PINK' PINK AUSTRALIAN RACER M OLEA EUROPAEA 'MONTRA' LITTLE OLLIE DWARF OLIVE M PENNISETUM ORIENTALE ORIENTAL FOUNTAIN GRASS M PHILODENDRON SELLOUM TREE PHILODENDRON M PHYLLOSTACHYS NIGRA BLACK BAMBOO M SALVIA LEUCANTHA MEXICAN BUSH SAGE L SENECIO MANDRALISCAE BLUE CHALKSTICKS L SEDUM NUSSBAUMERIANUM COPPERTONE STONECROP L STRELITZIA REGINAE BIRD-OF-PARADISE M SANSEVIERIA TRIFASCIATA 'LAURENTII' VARIEGATED SNAKE PLANT L TRADESCANTIA PALLIDA PURPLE HEART M VINES: BOUGAINVILLEA 'BARBARA KARST' BARBARA KARST BOUGAINVILLEAL BOUGAINVILLEA X BUTTIANA 'ORANGE KING' ORANGE KING BOUGAINVILLEAL CAMPSIS RADICANS TRUMPET VINE L CLYTOSTOMA CALLISTEGIODES LAVENDER TRUMPET VINE L DISTICTIS 'RIVERS'ROYALTRUMPET VINE L PYROSTEGIA VENUSTA FLAME VINE L MANDEVILLA X 'AMABLIS'MANDEVILLA L EXISTING TREES: EXISTING TREES SIZE 16'-18' B.T.H. 48" BOX 36" BOX 48"BOX 36" BOX FIELD DUG MED. 48" BOX NOTE: ALL LANDSCAPING AND PLANT MATERIAL SIZE AND SPACING SHALL CONFORM TO THE CITYOF HUNTINGTON BEACH ZONING CODE, CHAPTER 232-LANDSCAPE IMPROVEMENTS. DESCRIPTION LANDSCAPE SUMMARY Total Landscape Required 8%: Open Space Provided: Landscape Area Provided: 10,450 SF 0.24 AC 100,290 SF 3.30 AC 32,365 SF 24.7 % Proposed Area of Improvments 130,630 SF 3.17 AC YOGA & EXERCISE LAWN VILLA LAKE TERRACE LAKE GARDEN WALKS GARDEN WALKS LAKE LOOK-OUT VILLA LAKE TERRACE OUTDOOR FITNESS TERRACE HOSPITALITY VILLAS CENTRAL WALK TO TENNIS & PICKLE BALL COURTS THEMED ENTRY GATE WALLS EXISTING WALKWAY EXISTING PALM TREES PARKING LOT PERIMETER TREES WALLED VILLA COURTYARD W/ SPA WALLED VILLA COURTYARD W/ SPA EXISTING TENNIS COURT EXISTING TENNIS COURT PICKLE BALL COURTS PICKLE BALL COURTS LAKE POOL GENERAL DESIGN GUIDELINES FOR TYPICAL LOW WATER-USAGE IRRIGATION SYSTEM: THE IRRIGATION SYSTEM SHALL CONSIST OF A LOW VOLUME TYPE DESIGN, IMPLEMENTING THE USE OF DRIP LINE, OR POINT SOURCE EMITTERS FOR SHRUB PLANTING, AND BUBBLER TYPE NOZZLES FOR TREE IRRIGATION. ‘HYDROZONING’, SEPARATING PLANT MATERIAL BASED ON WATER USE (LOW, MODERATE OR HIGH) SHALL BE INCORPORATED AS PART OF THE IRRIGATION DESIGN. USE OF FILTERS, PRESSURE REGULATION, CHECK VALVES AND OTHER WATER EFFICIENT COMPONENTS, SUCH AS RAIN SENSORS WILL CONTRIBUTE TO SYSTEM EFFICIENCY AS WELL. WEATHER BASED 'SMART' CONTROLLERS (USING CURRENT OR HISTORICAL WEATHER DATA) SHALL BE USED FOR IRRIGATION SCHEDULING, AIDING IN IRRIGATING ONLY WHEN NEEDED, IN TURN CONTRIBUTING TO WATER CONSERVATION AND OVERALL PLANT HEALTH. Automated Irrigation System Note: 57L fl/ 7_/ / / / // /// ,'/ / 10.0· . /) ~· ¾x/ /1/ SD-02 Landscape Plan Preliminary Planting Palette EUCALYPTUS SIDEROXYLONCUPANIOPSIS ANACARDIOIDES Existing Trees found on Site FICUS RUBIGINOSA LIGUSTRUM JAPONICUM 'TEXANUM'MELALEUCA QUINQUENERVIA PRUNUS CAROLINIANA 'MONUS'SYAGRUS ROMANZOFFIANUM WASHINGTONIA ROBUSTA Proposed Planting Palette Palms Trees HOWEA FORSTERIANA PHOENIX CANARIENSIS PHOENIX DACTYLIFERA PHOENIX RECLINATA PHOENIX ROEBELENII RHAPIS EXCELSA STRELITZIA NICOLAI PODOCARPUS GRACILIOR TRISTANIA CONFERTA CASSIA LEPTOPHYLLA CERCIDIUM X. 'DESERT MUSEUM'CERCIS CANADENSIS 'MERLOT' CINNAMOMUM CAMPHORA CUPRESSUS SEMPERVIRENSERYTHRINA CAFFRA JACARANDA MIMOSIFOLIA LAGERSTROEMIA I. 'NATCHEZ' LAURUS NOBILIS 'SARATOGA'LAGERSTROEMIA 'MUSKOGEE' OLEA EUROPAEA PODOCARPUS E. 'MONMAL' SCHINUS MOLLE CITRUS X. SINENSIS ERIOBOTRYA DEFLEXA The Huntington Club City of Huntington Beach . California Schematic Design Job No.: LC 24023 Date: February 28, 202558 .fill -L/\ND I .. £9 CRE:ATIVE: L SD-03 Landscape Plan Preliminary Planting Palette Proposed Planting Palette Shrubs Vines BOUGAINVILLEA 'BARBARA KARST' BOUGAINVILLEA 'ORANGE KING' CAMPSIS RADICANS CLYTOSTOMA CALLISTEGIOIDES DISTICTIS RIVERS MANDEVILLA X AMABILIS PYROSTEGIA VENUSTA AGAVE ATTENUATA ‘BOUTIN BLUE’ AGAVE GEMINIFLORA ANIGOZANTHOS HYBRID 'HARMONY' CALLISTEMON VIMINALIS LITTLE JOHN' CAREX O. 'EVERILLO' AGAVE ATTENUATA 'RAEA'S GOLD' AGAVE ATTENUATA 'VARIEGATA' AGAVE 'BLUE GLOW' ALOE 'ALWAYS RED' ALPINIA ZERUMBET 'VARIEGATA' ANIGOZANTHOS FLAVIDUS 'BIG RED' BOUGAINVILLEA 'LA JOLLA' CALANDRINIA SPECTABILIS CAMPANULA PORTENSCHLAGIANA CANNA 'AUSTRALIA' CANNA 'TROPICAL GOLD' CEANOTHUS 'WHEELER CANYON' CHONDROPETALUM TECTORUM CORDYLINE X 'JURED' DIANELLA CAERULEA 'CASSA BLUE' EUONYMUS J. 'AUREOMARGIN.' EUONYMUS JAPONICUS 'MICROPHYLLUS VARIEGATUS' FESTUCA GLAUCA 'ELIJAH BLUE' FUCRAEA FOETIDA 'MEDIOPICTA' DIANELLA T. 'SILVER STREAK' DIETES GRANDIFLORA SANSEVIERIA T. 'LAURENTII' EQUISETUM HYEMALE HESPERALOE PARVIFLORA LANTANA CAMARA LANTANA MONTEVEDENSIS LANTANA 'NEW GOLD' LIRIOPE GIGANTEA LOROPETALUM CHINENSE 'CRIMSON FIRE' MUHLENBERGIA CAPILLARIS MYOPORUM PARVIFOLIUM 'PINK' PHYLLOSTACHYS NIGRAPHILODENDRON SELLOUMPENNISETUM ORIENTALEOLEA EUROPAEA 'LITTLE OLLIE' SALVIA LEUCANTHA TRADESCANTIA PALLIDA SEDUM NUSSBAUMERIANUM SENECIO MANDRALISCAE STRELITZIA REGINAE BOUGAINVILLEA 'LA JOLLA' The Huntington Club City of Huntington Beach . California Schematic Design Job No.: LC 24023 Date: February 28, 202559 .fill -L/\ND I .. £9 CRE:ATIVE: L 60 February 9, 2026 City Clerk -City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Re: Appeal of Planning Commission Decision-Agenda Item 26-039 Planning Commission Hearing Date: January 27, 2026 2026 FEB -9 PM 3: 33 This appeal is submitted by Douglas Scott Warren, Susan Ridgeway, Cheryl Gates and other interested parties as members of The Huntington Club. We hereby submit this formal appeal of the Huntington Beach Planning Commission's decision approving Agenda Item 26-039 at its January 27, 2026, hearing. The Planning Commission's action should be reversed because the approval is inconsistent with the Huntington Beach Zoning Code, improperly relies on a Class 32 CEQA exemption, and is based in part on unsubstantiated economic claims that are not supported by substantial evidence in the record. 1. The Approved Lodging Use Is Not Consistent with the Open Space Zoning District The project approved under Agenda Item 26-039 authorizes a lodging use within an Open Space zoning designation. Lodging is neither a permitted nor conditionally permitted use in the Open Space zone under the Huntington Beach Zoning Code. The Commission's attempt to characterize the lodging component as incidental, accessory, or otherwise compatible with Open Space zoning is not supported by the Code and conflicts with the purpose and intent of the Open Space designation, which is intended to preserve land for recreational, conservation, and low-intensity uses-not transient occupancy or commercial lodging. Approving a use that is not allowed by the zoning code exceeds the Planning Commission's authority and constitutes an improper de facto rezoning without legislative action. 2. The Class 32 (Infill) CEQA Exemption Does Not Apply The Planning Commission improperly relied on a Class 32 CEQA exemption. Class 32 applies only to qualifying infill development that meets all of the following criteria, including but not limited to: • Consistency with applicable zoning and General Plan designations; 61 • Development within city limits on a site surrounded by urban uses; • No significant effects related to traffic, noise, air quality, or water quality. Because the proposed lodging use is not consistent with the Open Space zoning designation, the project fails the threshold requirement for a Class 32 exemption. An exemption cannot be used to bypass zoning inconsistencies. Additionally, the record does not contain substantial evidence demonstrating that the project would not result in significant impacts related to traffic, noise, or neighborhood compatibility, particularly given the introduction of transient lodging into an Open Space area adjacent to residential uses. For these reasons, reliance on the Class 32 exemption was legally improper. 3. The Commission Relied on Unsupported Economic Claims During deliberations, the Planning Commission relied in part on the applicant's assertion that the project would generate approximately $500,000 per year In tax revenue to the City. No documentation, fiscal analysis, or independent verification was provided to substantiate this claim. Unverified statements by an applicant do not constitute substantial evidence under California land use and CEQA law. Reliance on speculative economic benefits especially when used to justify approval of a zoning-inconsistent project-renders the decision arbitrary and unsupp011ed by the administrative record. 4. The Decision Is Not Supported by Substantial Evidence Taken together, the zoning inconsistency, improper CEQA exemption, and reliance on unsupported financial claims demonstrate that the Planning Commission's approval of Agenda Item 26-039 is not supported by substantial evidence and does not comply with applicable law. 62 For the reasons stated above, we respectfully request that the City Council: 1. Grant this appeal. 2. Reverse the Planning Commission's approval of Agenda Item 26-039; and 3. Require that any future consideration of the project comply fully with the Huntington Beach Zoning Code and CEQA. Thank you for your consideration of this appeal. Please include this letter and all supporting materials in the administrative record. Sincerely, Douglas Scott Warren Tennis Member 19745 Oceanaire Cr. Huntington Beach, CA 92648 Susan Ridgeway Pickleball Member 6902 Livingston Dr. Huntington Beach, CA 92648 Cheryl Gates Golf & Tennis Member 19016 Poppy Hill Cr. Huntington Beach, CA 92648 63 January 28, 2026 Jonathan Bailey Golf Realty Fund Huntington Beach Planning Commission 2000 MAIN STREET CALIFORNIA 92648 • NOTICE OF ACTION 1 Upper Newport Plaza Newport Beach , CA 92660 SUBJECT: APPLICANT/ PROPERTY OWNER: REQUEST: LOCATION: COASTAL STATUS: DATE OF ACTION: CONDITIONAL USE PERMIT NO. 22-011/COASTAL DEVELOPMENT PERMIT NO. 22-009 (HUNTINGTON CLUB REMODEL AND BUNGALOWS) Jonathan Bailey , Golf Realty Fund , 1 Upper Newport Plaza , Newport Beach , CA 92660 To remodel an existing private golf and tennis club facility including removing and replacing a swimming pool , two-story tennis clubhouse building at an overall height of 30 ft.-8 in ., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq . ft .) at an overall height of 17 ft .-3 in . and two loft units (3 ,036 sq. ft. and 1,173 sq . ft.) proposed on the second floor of the proposed tennis clubhouse for lodging for club members . 6501 Palm Avenue, 92648 (North side of Palm Ave ., between Goldenwest St. and Seapoint St.) NON-APPEALABLE January 27, 2026 On Tuesday , January 27, 2026, the Huntington Beach Planning Commission took action on your application , and your application was approved with findings and modified conditions of approval. Attached to this letter are the findings and conditions of approval. Please be advised that the Planning Commission reviews the conceptual plan as a basic request for entitlement of the use applied for and there may be additional requirements prior to commencement of the project. It is recommended that you immediately pursue completion of the conditions of approval and . address all requirements of the Huntington Beach Zoning and Subdivision Ordinance in order to expedite the processing/completion of your total application . The conceptual plan should not be construed as a precise plan , reflecting conformance to all • S O d ' e ts Phone 714-536-527 1 Fax 7 14 -37 4-1540 www.surfci t y-hb .org 64 Notice of Action CDP 22-009 / CUP 22-011 January 28, 2026 Page 2 Under the provisions of the Huntington Beach Zoning and Subdivision Ordinance, the action taken by the Planning Commission becomes final at the expiration of the appeal period unless an appeal is filed to the City Council. The notice of appeal shall include the name and address of the appellant, the decision being appealed, and the grounds for the appeal. Said appeal must be accompanied by a filing fee of Two Thousand, Nine Hundred and Forty-One Dollars ($2941.00) if the appeal is filed by a single family dwelling property owner appealing the decision on his own property and Four Thousand, Seven Hundred and Twenty-One Dollars ($4,721.00) if the appeal is filed by any other party. The appeal shall be submitted to the City Clerk within ten (10) working days of the date of the Planning Commission's action. There is no fee for the appeal of a Coastal Development Permit to the California Coastal Commission. In your case, the last day for filing an appeal and paying the filing fee is February 10, 2026, at 5:00 PM. This project is in the appealable portion of the coastal zone. Action taken by the Planning Commission may be appealed directly to the Coastal Commission only if Title 14, Section 13573 of the California Administrative Code is applicable. Section 13573(a)(3) states that an appeal may be filed directly with the Coastal Commission if the appellant was denied the right of local appeal because local notice and hearing procedures for the development did not comply with the provisions of this article. If the above condition exists, an aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to: South Coast Area Office California Coastal Commission 301 E. Ocean Blvd, Suite 300 Long Beach, CA 90802 Attn: Amrita Spencer (562) 590-5071 The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review. Applicants are advised not to begin construction prior to that date. Provisions of the Huntington Beach Zoning and Subdivision Ordinance are such that any application becomes null and void one (1) year after final approval, or at an alternative time specified as a condition of approval, unless actual construction has started. Excepting those actions commenced pursuant to the California Environmental Quality Act, you are hereby notified that you have 90 days to protest the imposition of the fees described in this Notice of Action. If you fail to file a written protest regarding any of the fees contained in this Notice, you will be legally barred from later challenging such action pursuant to Government Code §66020. If you have any questions regarding this Notice of Action letter or the processing of your application, please contact Joanna Cortez, the project planner, at (714) 374-1547 or via email at Joanna.Cortez@surfcity-hb.org, or the Community Development Department at (714) 536-5271. 65 Notice of Action CDP 22-009 / CUP 22-011 January 28, 2026 Page 3 Sincerely, Jennifer Villasenor, Secretary Planning Commission By: Ricky Ramos, Planning Manager JB:RR:JC:kdc Attachment: Findings and Conditions of Approval -CDP No. 22-009 and CUP No. 22-011 c: Honorable Mayor and City Council Chair and Planning Commission Travis Hopkins, City Manager Jennifer Villasenor, Director of Community Development Eric McCoy, Fire Chief Connor Hyland, Senior Deputy City Attorney Steve Bogart, Principal Civil Engineer Jasmine Daley, Building Official Joanna Cortez, Principal Planner Property Owner Project File 66 ATTACHMENT NO.1 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO. 22-011 COASTAL DEVELOPMENT PERMIT NO. 22-009 FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines. The Project meets all conditions described in CEQA Guidelines Section 15332(a) through (e) pertaining to in-fill development projects (Class 32 categorical exemption): (a) The Project is consistent with all applicable general plan designations and policies, as well as applicable zoning designations and regulations; (b) the Project occurs entirely within City of Huntington Beach limits on a 2.46-acre portion of the project site and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. Therefore, the Project qualifies for Class 32 exemption and is categorically exempt under Section 15332 of the CEQA Guidelines. FINDINGS FOR APPROVAL -CONDITIONAL USE PERMIT NO. 22-011: 1. Conditional Use Permit No. 22-011 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse (12,046 sq. ft.) at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse for lodging for club members and will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood as the proposed use will be within an existing private golf and tennis club facility. The proposed project is not anticipated to generate any significant noise, traffic, parking or other impacts detrimental to surrounding properties and is consistent with the subject property's zoning. The proposed amenities are ancillary to an approved commercial recreation use. The design of the tennis clubhouse incorporates contemporary architecture with a combination of fayade breaks and architectural elements and materials that provide visual interest such as smooth plaster, contrasting concrete and metal accents, and a standing seam metal roof. The bungalows include similar materials with a modern Spanish Colonial Revival architectural style, clay tile roofs, and primarily smooth plaster fa9ade finish. The shared materials will complement the new buildings with the existing golf clubhouse. New landscaping and net additional 32 parking spaces will enhance the recreational facility. The proposed bungalows will replace four tennis court areas and along with the lofts provide short-term accommodations for members and their guests during club events as an additional amenity to the club. Furthermore, the nearest residence is approximately 75 feet away from the nearest bungalow and more than 100 feet away from the nearest parking space. To minimize potential noise impacts during nighttime hours, the project is conditioned to post signage restricting visitors from congregating outside of the bungalows during nighttime hours and G:PCINOA\261012726 CUP 22-011_ CDP 22-009 Attachment 1.1 67 provide onsite club personnel/security to patrol and enforce quiet hours. The new tennis clubhouse/fitness center and swimming pool will be replaced at their existing location, approximately 380 feet away from the nearest residence, and surrounded by the existing golf clubhouse, lake feature, and center tennis court. The new tennis clubhouse and pool will be oriented towards the site's parking lot. The project will enhance the site and support the continuation of an existing commercial recreation use. 2. The granting of Conditional Use Permit No. 22-011 to remodel a portion of an existing private golf and tennis club facility (The Huntington Club) and add new lofts and bungalows as ancillary amenity will not adversely affect the General Plan because it is consistent with the Land Use Element designation of Open Space-Recreation (OS-R) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1: New commercial, industrial and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1 (0): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-14 (B): Encourage both coastal and inland visitor-serving uses to offer a wide spectrum of opportunities for residents and visitors. Noise Element Policy N-1 (A): Maintain acceptable stationary noise levels at existing noise-sensitive land uses such as schools, residential areas, and open spaces. Environmental Resources and Conservation Element Policy ERC-2 (0): Encourage and coordinate with private commercial recreational businesses to provide recreational services and facilities that may not otherwise be offered by the City. The proposed development will continue the land use pattern of open space-recreation uses in the surrounding area. The new tennis clubhouse and pool will be updated and located in their existing locations. The new clubhouse will remain two stories and will be similar in height with surrounding properties. The new bungalows will also be compatible in height, proportion, scale, and character with the neighborhood and similar existing recreational uses on-site. The buildings feature quality architecture and exterior finish materials, and the functional site layout integrates landscape improvements with adequate vehicular and pedestrian circulation. The existing private golf and tennis club will continue to operate as originally approved. The new units for short-term accommodation will be an additional amenity offered to members of the private club and conditioned to be limited to G:PC\NOA\26\012726 CUP 22-011_ CDP 22-009 Attachment 1.2 68 members and their guests to ensure the development remains compatible with the surrounding uses and compliant with the General Plan and zoning designations. In addition to conditions of approval, adequate distances between new structures and adjacent residential uses are provided to sufficiently buffer and minimize potential impacts on noise-sensitive uses. Site upgrades will support the club's operations in providing amenities to residents and visitors that promote recreational uses within the coastal zone. 3. Conditional Use Permit No. 22-011 to remodel an existing private golf and tennis club facility and add new lofts and bungalows will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because the OS-PR zoning designation allows for commercial recreational uses with the approval of a conditional use permit. The proposed improvements will be located within the premises of an existing commercial recreation facility and conforms to applicable site development standards, including landscaping, setbacks, height, and parking. FINDINGS FOR APPROVAL -COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. Coastal Development Permit No. 22-009 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse building at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis court areas (three tennis courts and one outdoor event space). The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse as short-term accommodation for club members and conforms with the General Plan, including the Local Coastal Program because the project is consistent with Coastal Element Policy C.1.1.1, which encourages development within, or contiguous to or in close proximity to existing developed areas able to accommodate it. The project's location would not result in an impact on open space recreational areas. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. 2. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code because the proposed project complies with applicable development regulations, including building setbacks, building height, parking, and landscaping. It is also consistent with the design guidelines and is compatible with the scale and transition of surrounding development. 3. At the time of occupancy, the proposed development to remodel an existing private golf and tennis club facility and add new lofts and bungalows can be provided with infrastructure in a manner that is consistent with the Local Coastal Program as the proposed project will be constructed on a developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. In addition, the project provides the necessary public improvements. 4. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City's General Plan, Coastal Element, and HBZSO. G:PC\NOA\26\012726 CUP 22-011_ CDP 22-009 Attachment 1.3 69 CONDITIONSOFAPPROVAL-CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. The site plan, floor plan, and elevations received and dated November 6, 2025 shall be the conceptually approved layout with the following modification: The width of the new island planter in the parking lot shall be reduced to provide minimum 26 ft. wide drive aisles for backup and maneuvering of 90-degree stalls. (HBZSO Sec. 231.14) 2. The use shall comply with the following: a. Bungalow/loft units shall be limited to The Huntington Club members and their guests only and shall be rented to members for short-term accommodation (less than 30 days only). b. Units shall not be converted into residential units or short-terms rentals open to the public. (HBMC 5.120) c. Occupancy of less than 30 days shall be subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. (HBMC 3.28) d. Signage shall be placed around the bungalows enforcing quiet hours between 10 pm-7 am. e. Facility personnel shall be present to enforce quiet hours to limit congregating around the bungalows/lofts units. f. In the event of multiple verified complaints of violation of the Huntington Beach Noise Control Ordinance (HBMC Chapter 8.40), the applicant shall immediately meet with the Community Development Department to discuss mitigation measures. g. The applicant shall work with the Community Development Department to process an application to provide lighting for up to six unlit tennis courts on the property. 3. Prior to submittal of building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A photometric plan of new light standards and fixtures shall be submitted to the Community Development Department for review and approval demonstrating that illumination will not occur over property lines shared with adjacent residential properties. The approved plan shall be included in the building permit set. 4. The applicant and/or applicant's representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 5. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an G:PCINOA\261012726 CUP 22-011_ CDP 22-009 Attachment 1.4 70 estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 6. Prior to issuance of building permit, an interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, members and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 7. During demolition, grading, site development, and/or construction, the following shall be completed: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. 8. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. 9. The final building permit(s) cannot be approved until the following has been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 10. CUP No. 22-011 and CDP No. 22-009 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 11. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based G:PC\NOA\261012726 CUP 22-011_ CDP 22-009 Attachment 1.5 71 on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION The owner of the property which is the subject of this project and the project applicant, if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the city or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. G:PC\NOA\261012726 CUP 22-011_ CDP 22-009 Attachment 1.6 PLANNING COMMISSION STAFF REPORT SUBMITTED TO: Planning Commission SUBMITTED BY: Jennifer Villasenor, Director of Community Development PREPARED BY: Joanna Cortez, Principal Planner SUBJECT: ..title CONDITIONAL USE PERMIT NO. 22-011/COASTAL DEVELOPMENT PERMIT NO. 22-009 (HUNTINGTON CLUB REMODEL AND BUNGALOWS) REQUEST: To remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse building at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.- 3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the proposed tennis clubhouse for lodging for club members. LOCATION: 6501 Palm Avenue, 92648 (North side of Palm Ave., between Goldenwest St. and Seapoint St.) ..body APPLICANT/ PROPERTY OWNER: Jonathan Bailey, Golf Realty Fund, 1 Upper Newport Plaza, Newport Beach, CA 92660 RECOMMENDATION: ..recommendation That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32; and B) Approve Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 with suggested findings and conditions of approval (Attachment No. 1) ..end ALTERNATIVE ACTION(S): A) Deny Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22- 009 with findings for denial; or 72 B) Continue Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 and direct staff accordingly. PROJECT PROPOSAL: The project area is within the existing 143-acre Huntington Club (formally known as the Seacliff Country Club) which consists of an existing golf and tennis club. The Huntington Club was established in 1967 as a private golf club. Over time, additional improvements have occurred on the site, including the addition of a pool and spa area, 16 tennis courts, and a two-story tennis clubhouse that was added in the late 80s. The project proposal is to demolish the existing two-story 6,231 sq. ft. tennis clubhouse, four court areas, and existing pool and spa area and redevelop the site with a new two- story, 12,046 sq. ft., tennis clubhouse building at an overall height of 30 ft.-8 in., along with a new junior Olympic-sized pool and spa. The proposed clubhouse building includes 7,837 sq. ft. on the first floor, which includes a range of clubhouse amenities further described under the Tennis Clubhouse/Bungalows section of this report and two loft units (3,036 sq. ft. and 1,173 sq. ft.) on the second floor. The project also includes four stand- alone casitas, referred to as bungalows, which range from 883 sq. ft. to 1,865 sq. ft. at an overall height of 17 ft.-3 in. The bungalows and lofts would serve as short-term accommodation for club members and their guests. The reconfigured court area would result in the permanent removal of three tennis courts and one former tennis court which was previously converted into outdoor event space. The project also includes associated landscaping, additional parking, and utility improvements. ISSUES AND ANALYSIS: Subject Property And Surrounding General Plan Designations, Zoning And Land Uses: LOCATION GENERAL PLAN ZONING LAND USE Subject Property: OS-R (Open Space- Recreation) OS-PR-CZ-O (Open Space-Parks and Recreation-Coastal Zone-Oil Overlay) Commercial Recreation – The Huntington Club North of Subject Property: RL-sp (Residential Low Density-Specific Plan Overlay) SP-9-CZ (Holly Seacliff Specific Plan- Coastal Zone Overlay) Single Family Residential South of Subject Property: RMH-sp and OS-P-sp (Residential Medium High Density- Specific Plan Overlay and Open Space-Parks- Specific Plan Overlay) SP12-CZ (Palm Goldenwest Specific Plan- Coastal Zone Overlay) Medium High Residential and Pattinson Park East of Subject Property: RL (Residential Low Density) RL-CZ (Residential Low Density- Coastal Zone Overlay) Single Family Residential 73 West of Subject Property: RM (Residential Medium Density) RM-CZ-O (Residential Medium Density- Coastal Zone-Oil Overlay) Medium Density Residential General Plan Conformance: The request to remodel a portion of an existing private golf and tennis club facility (The Huntington Club) and add new lofts and bungalows for lodging as an additional amenity will not adversely affect the General Plan because it is consistent with the Land Use Element designation of Open Space-Recreation (OS-R) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1: New commercial, industrial and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU1-(D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-14 (B): Encourage both coastal and inland visitor-serving uses to offer a wide spectrum of opportunities for residents and visitors. Noise Element Policy N-1 (A): Maintain acceptable stationary noise levels at existing noise-sensitive land uses such as schools, residential areas, and open spaces. Environmental Resources and Conservation Element Policy ERC-2 (D): Encourage and coordinate with private commercial recreational businesses to provide recreational services and facilities that may not otherwise be offered by the City. The proposed development will continue the land use pattern of open space -recreation uses in the surrounding area. The new tennis clubhouse and pool will be updated and located in their existing locations. The new clubhouse will remain two stories and will be similar in height to surrounding properties. The new bungalows will also be compatible in height, proportion, scale, and character with the neighborhood and similar existing recreational uses on-site. The buildings feature quality architecture and exterior finish materials, and the functional site layout integrates landscape improvements with 74 adequate vehicular and pedestrian circulation. The existing private golf and tennis club will continue to operate as originally approved. The new units for short-term accommodation will be an additional amenity offered to members of the private club and conditioned to be limited to members and their guests to ensure the development remains compatible with the surrounding uses and compliant with the General Plan and zoning designations. In addition to recommended conditions, adequate distances between new structures and adjacent residential uses are provided to sufficiently buffer and minimize potential impacts on noise-sensitive uses. Site upgrades will support the existing club’s operations in providing amenities to residents and visitors that promote recreational uses within the coastal zone. Zoning Compliance: The proposed project is within the tennis portion of the Huntington Club, which is a 5.49 - acre parcel with the area of work only affecting 2.46 acres of that parcel. Presently, the tennis parcel is developed with 16 court areas (13 tennis courts and three former tennis courts converted into pickleball courts and event space), a tennis clubhouse totaling approximately 6,231 sq. ft., a pool and spa, and associated parking areas that serve the existing amenities. The site contains turf and ornamental landscaping in addition to a variety of mature trees. Chain-link fencing surrounds the existing tennis courts. The request to remodel an existing private golf and tennis club facility and construct four single-story detached bungalow structures and two loft units within the OS-PR (Open Space – Park Recreation) zoning designation is subject to a Conditional Use Permit (CUP) pursuant to Chapter 213 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The project complies with the OS-PR zoning requirements including setbacks, building height, minimum landscape, and parking requirements as detailed in the table below: DEVELOPMENT STANDARD REQUIRED PROPOSED MIN. SETBACKS FRONT SIDE REAR 25 ft. 25 ft. 25 ft. 193 ft. 25 ft. and 315 ft. 1,024 ft. MAX. HEIGHT OF BUILDINGS 35 ft. Tennis Clubhouse: 30 ft.-8 in. Bungalows: 17 ft.-3in MAX. LOT COVERAGE 25% .6% MIN. SITE LANDSCAPING 8% 24.7% MIN. PARKING REQUIRMENT Tennis Clubhouse addition: 1,606 sq. ft.; 1 space/35 sf. = 45.8 spaces Bungalows/Lofts: 1.1/unit = 6.6 spaces Total: 45.8+6.6 = 53 spaces Total: 66 75 Parking and Access The property has a main entrance along Palm Avenue. The existing parking area adjacent to the tennis court area will be extended from the main entry drive aisle to the new bungalow units. While four tennis courts and 34 parking spaces will be removed to accommodate the new drive aisle, parking, and bungalows, 66 new parking spaces will be added to the site and onsite vehicular and pedestrian circulation will be maintained . A total of 327 parking spaces (66 new spaces + 261 existing spaces) will be available onsite to visitors of the club. Landscaping The project is proposing 32,365 SF of landscaping, which would result in 24.7 percent of landscaped area within the project area. Landscaping includes grasses and a variety of trees, shrubs, and vines that would be installed along the project site boundary , parking lots, throughout the open space areas, and along internal walkways as shown in the landscape plan (Attachment No. 2). Lighting The project will include new exterior lighting on-site for security, to accent landscaping, and to light walkways and parking areas. As conditioned, a photometric plan of new light standards or fixtures would be provided to ensure compatibility with surrounding uses and existing conditions. The proposed project’s outdoor lighting would be directed downward and shielded to limit off-site illumination as required by the HBZSO. Tennis Clubhouse/ Bungalows The proposed approximately 12,046 sq. ft. tennis clubhouse will have 7,837 sq. ft. on the ground floor and include a fitness center and spa, men’s and women’s locker rooms, a yoga pavilion, performance therapy, a member’s lounge, and a pro shop. The second floor of the clubhouse contains two lofts which will serve as short-term accommodations for club members and their guests. One of the lofts is a 3,036 sq. ft. three-bedroom unit, while the other loft is a 1,173 sq. ft. one-bedroom unit. Each loft has terraces that face the golf course or pool. Because the existing tennis clubhouse was constructed almost forty years ago, reconstructing the building in its current location and upgrading the amenities would support the continuation of the commercial recreation use consistent with existing development and General Plan policies. The project proposes the construction of four detached bungalows designed for short- term accommodations. The bungalows are named Ojai, Casa Palmero, Rancho Valencia, and Mayacama and include one to three bedrooms . The four bungalow units are as proposed: BUNGALOW NUMBER OF BEDROOMS SIZE 76 Casa Palermo 1 bedroom 883 sq. ft. Ojai 1 bedroom 962 sq. ft. Rancho Valencia 2 bedrooms 1,698 sq. ft. Mayacama 3 bedrooms 1,865 sq. with 500 sq. outdoor patio The bungalows and lofts units will serve as short-term accommodation for members and their guests during club events as an additional amenity to the club. The design of the tennis clubhouse incorporates contemporary architecture with a combination of façade breaks and architectural elements and materials that provide visual interest such as smooth plaster, contrasting concrete and metal accents, and a standing seam metal roof. The bungalows include similar materials with a modern Spanish Colonial Revival architectural style, clay tile roofs, and primarily smooth plaster façade finish, which are also compatible with adjacent residences in the vicinity. The shared materials complement each of the new buildings along with the existing golf clubhouse. The nearest residence is approximately 75 feet away from the nearest bungalow and more than 100 feet away from the nearest parking space. To minimize potential noise impacts during nighttime hours, suggested project conditions include posting signage restricting visitors from congregating outside of the bungalows during nighttime hours and providing onsite club personnel/security to patrol and enforce quiet hours. The new tennis clubhouse/fitness center and swimming pool will be replaced at their existing location, approximately 380 feet away from the nearest residence, and surrounded by the existing golf clubhouse, lake feature, and center tennis court. The new tennis clubhouse and pool will be oriented towards the site’s parking lot. Furthermore, the proposed project is not anticipated to generate any significant noise, traffic, parking or other impacts detrimental to surrounding properties and is consistent with the subject property’s zoning. The proposed amenities are ancillary to an approved commercial recreation use. With recommended conditions, the project will enhance the site and minimize potential impacts to adjacent properties. Urban Design Guidelines Conformance: The remodeled tennis clubhouse and proposed bungalows are designed to convey a high level of quality and character that incorporates quality materials and design , such as smooth plaster, board form concrete, metal accents, and standing seam metal and clay tile roofs, consistent with the City of Huntington Beach Urban Design Guidelines. Outdoor areas for the lofts and bungalows are designed to be oriented toward the recreational areas. Enhanced landscaping will beautify the site and complement existing conditions. Environmental Status: A review of the proposed project was conducted by EPD, a third-party environmental consultant. The review determined that the project will not have any significant effect on the environment and is documented in an Exemption Justification in Attachment No. 4. The project is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332, Infill Development, of the CEQA Guidelines as it is 77 consistent with the general plan and zoning designations, the project area is no more than five acres surrounded by urban uses, has no value as habitat for endangered, rare or threatened species, would not result in any significant effects relating to traffic, noise, air quality, or water quality, and can be adequately served by al l required utilities and public services. Coastal Status: The project involves the removal and replacement of an existing clubhouse and swimming pool along with the construction of new lofts and detached bungalows for lodging purposes ancillary to an existing golf and tennis club. The site is located within the non- appealable area of the Coastal Zone. The proposed project is subject to the requirements of HBZSO Chapter 245, and a Coastal Development Permit is required. Design Review Board: The Design Review Board reviewed the design, colors, and materials of the project at the October 9, 2025, regular meeting and recommend approval to the Planning Commission as proposed. Other Departments Concerns and Requirements: Public Works, Building, Fire, and Planning staff reviewed the proposed project and identified code requirements applicable to the project. (Attachment No. 5) Public Notification: Legal notice was published in the Huntington Beach Wave on Thursday, January 15, 2026, and notices were sent to property owners of record within a 500 ft. radius of the subject property, individuals/organizations requesting notification (Community Development Department’s Notification Matrix), and applicant. Application Processing Dates: DATE OF COMPLETE APPLICATION: MANDATORY PROCESSING DATE(S): December 6, 2025 February 6, 2026 SUMMARY: Staff recommends approval of Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 based upon the following: • Consistent with the site’s General Plan land use and zoning designations; • Compatible with surrounding uses; • Allows for a commercial recreation project with unique and quality architecture; and • The project will not impede public access or conflict with any public recreation policies. ATTACHMENTS: 1. Suggested findings and conditions of approval 2. Plans received and dated November 6, 2025 3. Narrative 78 4. Class 32 Exemption Justification 5. Vicinity Map 6. Code Requirements 7. PowerPoint Presentation 79 ------1 26pcm0127 6:00 P.M. – COUNCIL CHAMBERS CALL PLANNING COMMISSION MEETING TO ORDER PLEDGE OF ALLEGIANCE – Led by Commissioner Palmer P P P P P P P ROLL CALL: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg PUBLIC COMMENTS - NONE ADMINISTRATIVE ITEMS 26-021 CODE OF ETHICS (ANNUAL REVIEW AND ACKNOWLEDGEMENT) Ricky Ramos, Planning Manager, reviewed the code of ethics. 26-023 PLANNING COMMISSION CHAIR AND VICE CHAIR RECOMMENDED ACTION: The Planning Commission may take one of the following actions: A) Nominate and elect the 2026 Planning Commission Chair and Vice Chair based on Planning Commission seniority as established by the Planning Commission bylaws (see attached memo): or B) Set aside the Planning Commission bylaws and nominate and elect the 2026 Planning Commission Chair and Vice Chair. A MOTION WAS MADE BY MCGEE, SECONDED BY PELLMAN, TO NOMINATE AND ELECT BRETT BUSH AS THE 2025 PLANNING COMMISSION CHAIR AND KEN BABINEAU AS THE 2025 PLANNING COMMISSION VICE CHAIR. AYES: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JANUARY 27, 2026 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 80 PC Minutes January 27,2026 Page 2 26pcm0127 26-024 PLANNING COMMISSION ADVISORY BOARDS AND COMMITTEES RECOMMENDED ACTION: That the Planning Commission take the following action: A) Discuss the 2026 Advisory Boards and Committee Assignments There was a brief discussion and Chair Bush announced the 2026 Advisory Boards and Committee Assignments. PUBLIC HEARING ITEMS 26-034 TENTATIVE TRACT MAP (TTM) NO. 19331/CONDITIONAL USE PERMIT (CUP) NO. 25-005/COASTAL DEVELOPMENT PERMIT (CDP) NO. 25-003 (MAGNOLIA COAST) REQUEST: TTM: To subdivide a 29-acre site into seven lettered lots and six numbered lots. CUP: To grade the site with approximately 133,425 cubic yards of imported soil and construct a retaining wall up to ten feet tall topped with a seven-foot-tall wall along the north property line. CDP: For the proposed subdivision, demolition, grading, walls and to construct all onsite and offsite street and infrastructure improvements. LOCATION: 21845 Magnolia Street, 92646 (West side of Magnolia St. between Pacific Coast Highway and Hamilton Ave.) RECOMMENDED ACTION: That the Planning Commission take the following actions: A) Find the proposed project is consistent with Environmental Impact Report No. 17- 001 approved and certified by the City Council on January 19, 2021. B) Approve Tentative Tract Map No. 19331, Conditional Use Permit No. 25-005 and Coastal Development Permit No. 25-003, with suggested findings and conditions of approval (Attachment No. 1). The Commission made the following disclosures: • Commissioner McGee spoke with Chair Bush and staff. • Commissioner Pellman spoke with the developers, Mayor McKeon, and staff. • Vice-Chair Babineau spoke with Mayor Pro-Tem Twining. • Chair Bush spoke with Councilmember Williams, Commissioner McGee, and staff. • Commissioner Thienes spoke with the applicant, staff, and Councilmember Burns. • Commissioner Palmer spoke with Mayor McKeon. • Commissioner Goldberg spoke with staff and the applicant. 81 PC Minutes January 27,2026 Page 3 26pcm0127 Jason Kelley, Senior Planner, gave the staff presentation for the proposed project. There was discussion regarding the following items: preventing soil contamination onsite from the adjacent site, the roads remaining privately owned, the height of the proposed wall from the interior and exterior of the site, and the conformance with the Specific Plan. THE PUBLIC HEARING WAS OPENED. WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. A MOTION WAS MADE BY GOLDBERG, SECONDED BY BABINEAU, TO FIND THE PROPOSED PROJECT CONSISTENT WITH ENVIRONMENTAL IMPACT REPORT NO. 17-001 APPROVED AND CERTIFIED BY THE CITY COUNCIL ON JANUARY 19, 2021, AND APPROVED TENTATIVE TRACT MAP NO. 19331, CONDITIONAL USE PERMIT NO. 25-005 AND COASTAL DEVELOPMENT PERMIT NO. 25-003, WITH SUGGESTED FINDINGS AND CONDITIONS OF APPROVAL, BY THE FOLLOWING VOTE: AYES: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission determines that the proposed project is covered by the Magnolia Tank Farm Specific Plan Final Environmental Impact Report No. 17-001, which was adopted by the City of Huntington Beach City Council on January 19, 2021. Furthermore, implementation of the project would not result in any new or more severe potentially adverse environmental impacts that were not considered in the certified EIR and the project is required to comply with all applicable EIR No. 17-001 mitigation measures. Considering the whole record, none of the circumstances described under Section 15162 of CEQA Guidelines are present; and therefore, no EIR or MND is required. FINDINGS FOR APPROVAL - TENTATIVE MAP NO. 19331: 1. Tentative Tract Map (TTM) No. 19331 to subdivide a 29-acre site into seven lettered lots and six numbered lots is consistent with the General Plan land use designations of Open Space Conservation – Specific Plan Overlay, Open Space Park – Specific Plan Overlay, Commercial Visitor – Specific Plan Overlay, and Residential Medium – Specific Plan Overlay and zoning designation of MTF (Magnolia Tank Farm) Specific Plan on the subject property, applicable provisions of the Subdivision Map Act, and the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). The TTM complies with all development standards set forth in the MTF Specific Plan and HBZSO. 82 PC Minutes January 27,2026 Page 4 26pcm0127 2. The site is physically suitable for future development as envisioned by the subject property’s General Plan and zoning designations which regulate all future development. Lots A through F are all open space parcels, and Lot G is the private street. Lots 1 through 5 subdivide the residential area into five separate parcels. Lot 6 is the commercial visitor parcel. The proposed subdivision of the 13 lots, along with the import of soil and grading to address projected sea level rise will comply with the requirements of the General Plan, the Magnolia Tank Farm Specific Plan, HBZSO, and other city requirements. 3. The proposed subdivision, the import of soil onto the site, and the proposed onsite and offsite street and infrastructure improvements will not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the property was previously developed with oil tanks, is currently used as a parking lot, and is void of any wildlife habitat. Offsite improvements include curb, gutter, sidewalk and pavement along Magnolia Street and Hamilton Avenue. Compliance with regulatory requirements and mitigation measures will ensure that the subdivision will not cause serious health problems or substantial environmental damage. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision unless alternative easements for access or for use will be provided. The subdivision will provide all necessary vehicular access, sidewalk, and utility easements to serve future development. FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO. 25-005: 1. Conditional Use Permit No. 25-005 to grade the site with approximately 133,425 cubic yards of imported soil and construct a retaining wall up to 10 feet tall topped with a seven-foot-tall wall along the north property line will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood because the import of soil onto the site is required to address projected sea level rise as required in the Magnolia Tank Farm Specific Plan. The project will comply with EIR mitigation measures and City codes including the Noise Ordinance. The haul truck routes will avoid neighborhoods and local streets. Trucks will enter and exit the south driveway at the signalized intersection of Banning Avenue and Magnolia Street to Pacific Coast Highway and Beach Boulevard. The existing site elevation ranges from approximately 4.3 feet to 12.5 feet, with an average elevation of 8.4 feet. Pursuant to the Specific Plan, the site wi ll be graded to an average elevation of 11.3 feet. It will gradually slope up west and north towards the Ascon site. The construction of a retaining wall along the north property line will be necessary to protect the increased fill and grade differential. It will retain approximately between five feet and 10 feet of fill, as measured from the north side of the wall and will be topped with an approximately seven-foot-tall wall. The design of the wall will comply with the City’s Urban Design Guidelines, incorporating a stucco finish, pilasters, and elevated landscape planters. Along the Ascon property, the wall will consist of a stucco finish and pilasters. A vegetated slope will be established on the Ascon property at the completion of the remediation. Additionally, the nearest residential development is buffered by Magnolia Street and will not be visually impacted by the new wall and grading operations. 2. The granting of Conditional Use Permit No. 25-005 to grade the site with approximately 133,425 cubic yards of imported soil and construct a retaining wall up to 10 feet tall topped with a seven-foot-tall wall along the north property line will not adversely affect the General Plan because the project is consistent with the General Plan land use designations of Open Space Conservation – Specific Plan Overlay, Open Space Park – Specific Plan Overlay, Commercial Visitor – Specific Plan Overlay, and Residential Medium – Specific Plan Overlay 83 PC Minutes January 27,2026 Page 5 26pcm0127 on the subject site. The proposed project is also consistent with the following General Plan goals and policies: A. Land Use Element Goal LU-1 – New commercial, industrial, and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1A - Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. Policy LU-1B - Ensure new development supports the protection and maintenance of environmental and open space resources. The proposed project will begin to implement the General Plan and zoning designations for the site enabling future development of lodging, visitor serving commercial, residential, and open space to serve residents and visitors. As required by the Specific Plan, the site must be raised to comply with sea level rise along with grading of the site to prepare for future development. B. Natural and Environmental Hazards Goal HAZ-2 – Coastal environments accommodate coastal changes and reduce coastal development impacts. Policy HAZ-2B – Implement priority measures to reduce and mitigate sea level rise impacts to property and infrastructure outlined in the Coastal Resiliency Program. As required by the MTF Specific Plan, the site must comply with its associated Sea Level Rise Study by elevating the property to a minimum elevation of 11.3 feet. To meet this requirement, approximately 133,425 cubic yards of soil will be imported to the site and graded to support future development. C. Coastal Element Policy C 1.1.4 - Where feasible, locate visitor-serving commercial uses in existing developed areas or at selected points of attraction for visitors. Goal C 2 - Provide coastal resource access opportunities for the public where feasible and in accordance with the California Coastal Act requirements. Policy C 2.2.2 - Maintain existing pedestrian facilities and require new development to provide pedestrian walkways and bicycle routes between developments. Objective C 2.4 - Balance the supply of parking with the demand for parking. Policy C 2.4.7 - The streets of new residential subdivisions between the sea and the first public road shall be constructed and maintained as open to the general public for vehicular, bicycle, and pedestrian access. General public parking shall be provided on all streets throughout the entire subdivision. Private entrance gates and private streets shall be prohibited. All public entry controls (e.g. gates, gate/guard houses, guards, signage, etc.) and restrictions on use 84 PC Minutes January 27,2026 Page 6 26pcm0127 by the general public (e.g. preferential parking districts, resident-only parking periods/permits, etc.) associated with any streets or parking areas shall be prohibited. Objective C 2.5 - Maintain and enhance, where feasible, existing shoreline and coastal resource access sites. Policy C 2.6.6 - Promote public access to coastal wetlands for limited nature study, passive recreation and other low intensity uses that are compatible with the sensitive nature of these areas. Goal C 3 - Provide a variety of recreational and visitor commercial serving uses for a range of cost and market preferences. Policy C 3.2.4 - Encourage the provision of a variety of visitor- serving commercial establishments within the Coastal Zone, including, but not limited to, shops, restaurants, hotels and motels, and day spas. Policy C 4.1.2 - Designate lands for the provision of passive and visual open space on the Coastal Land Use Map, which provide a balance to the urban and suburban development of the Coastal Zone. Policy C 4.7 - Improve the appearance of visually degraded areas within the Coastal Zone. Policy C 7.1.4 - Require that new development contiguous to wetlands or environmentally sensitive habitat areas include buffer zones. Buffer zones shall be a minimum of one hundred feet setback from the landward edge of the wetland. The proposed project will begin to implement the General Plan and zoning designations for the site enabling future development of lodging, visitor serving commercial, residential, and open space to serve residents and visitors. 3. The proposed project to grade the site with approximately 133,425 cubic yards of imported soil and construct a retaining wall up to 10 feet tall topped with a seven-foot-tall wall along the north property line will comply with the provisions of the MTF Specific Plan and other applicable provisions in Titles 20-25 of the HBZSO because raising the site to address sea level rise is required under the MTF Specific Plan and requires a Conditional Use Permit due to the import of more than 25,000 cubic yards of soil. As a result of the imported fill, the approval of a CUP is also required for the retaining wall along the north property line. FINDINGS FOR APPROVAL – COASTAL DEVELOPMENT PERMIT NO. 25-003: 1. Coastal Development Permit No. 25-003 for the proposed subdivision, demolition, grading, walls and to construct all onsite and offsite street and infrastructure improvements conforms with the City’s Local Coastal Program, which encourages new housing, comm ercial visitor and open space development to locate within, contiguous to or in close proximity to existing developed areas able to accommodate it. The proposed project will prepare the existing vacant lot for future development in compliance with the adopted MTF Specific Plan. 2. Coastal Development Permit No. 25-003 for the proposed subdivision, demolition, grading, walls and to construct all onsite and offsite street and infrastructure improvements is consistent with the requirements of the CZ Overlay District, the MTF Specific Plan, the HBZSO, as well as other applicable provisions of the Municipal Code because the project will 85 PC Minutes January 27,2026 Page 7 26pcm0127 comply with all applicable requirements of the MTF Specific Plan to prepare the lot for future development. 3. At the time of future development and occupancy, all infrastructure will be in place consistent with the Local Coastal Program because Coastal Development Permit No. 25-003 for the subdivision, demolition, grading, walls and to construct all onsite and offsite street and infrastructure improvements is located in an urbanized area and all necessary services and infrastructure will be available, including water, sewer, and roadways. 4. Coastal Development Permit No. 25-003 for the proposed subdivision, demolition, grading, walls and to construct all onsite and offsite street and infrastructure improvements conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act in that the project will not impede but will enhance public access, recreation, or views to coastal resources. CONDITIONS OF APPROVAL – TENTATIVE TRACT MAP NO. 19331: 1. The Tentative Tract Map No. 19331 received December 2, 2025 shall be the approved layout. 2. The following conditions shall be completed prior to issuance of a grading permit: a. At least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. A copy of the notice and list of recipients shall be submitted to the Community Development Department. b. The final map associated with the tract map shall be recorded with the County of Orange. 3. Comply with all applicable mitigation measures from the MMRP for EIR No. 17-001. 4. At least 90 days before City Council action on the final map, Conditions Covenants & Restrictions (CC&Rs) shall be submitted to the Community Development Department and the City Attorney’s office for review and approval. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 25-005 / COASTAL DEVELOPMENT PERMIT NO. 25-003: 1. The conceptual grading plans received December 2, 2025, and site plan and section drawings for the proposed retaining and block wall received December 5, 2025, shall be the conceptually approved design with the modification that a minimum 18-inch high raised planter shall be constructed on the south side of the wall within the front 70 feet of the park area adjacent to Magnolia Street. (DRB). 2. Comply with all applicable mitigation measures from the MMRP for EIR No. 17-001. 3. An interim parking and building materials storage plan shall be submitted to the Community Development Department prior to issuance of a grading permit to assure adequate parking and restroom facilities are available for employees, customers, and contractors during the project’s 86 PC Minutes January 27,2026 Page 8 26pcm0127 construction phase and that adjacent properties will not be impacted by their location. The plan shall be reviewed and approved by the Community Development and Public Works Departments. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 4. Prior to submittal for building permits for the block wall, the following shall be completed: a. Zoning entitlement conditions of approval, mitigation measures identified in MTF EIR No. 17-001, and code requirements shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. One set of project plans, revised pursuant to Condition of Approval No. 1, shall be submitted for review, approval and inclusion in the entitlement file, to the Planning Division. c. The plans shall identify the removal of any existing walls located on the subject property. The plans shall identify materials, seep holes and drainage. Double walls shall be avoided. 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. f. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. g. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday- Saturday 7:00 AM to 7:00 PM. Such activities are prohibited Sundays and Federal holidays (HBMC 8.40.090). 6. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 7. Tentative Tract No. 19331, Conditional Use Permit No. 25-005 and Coastal Development Permit No. 25-003 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Community Development Director pursuant to a written request submitted to the Planning Division a minimum 60 days prior to the expiration date. (HBZSO Section 251.14 and 251.16) 87 PC Minutes January 27,2026 Page 9 26pcm0127 8. The development services departments (Community Development Department, Fire Department, and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION: The owner of the property which is the subject of this project and the project applicant if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney’s fees and costs against the City or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. 26-039 CONDITIONAL USE PERMIT NO. 22-011/COASTAL DEVELOPMENT PERMIT NO. 22-009 (HUNTINGTON CLUB REMODEL AND BUNGALOWS) REQUEST: To remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse building at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the proposed tennis clubhouse for lodging for club members. LOCATION: 6501 Palm Avenue, 92648 (North side of Palm Ave., between Goldenwest St. and Seapoint St.) RECOMMENDED ACTION: That the Planning Commission take the following actions: A) Find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15332, Class 32; and B) Approve Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 with suggested findings and conditions of approval (Attachment No. 1). 88 PC Minutes January 27,2026 Page 10 26pcm0127 The Commission made the following disclosures: • Commissioner McGee spoke with Chair Bush. • Commissioner Pellman spoke with Mayor McKeon, residents, and staff. • Vice-Chair Babineau spoke with the applicant, Commissioners Thienes and Goldberg, and Mayor Pro-Tem Twining. • Chair Bush spoke with Councilmember Williams, Vice-Chair Babineau, Commissioner McGee, and staff. • Commissioner Thienes spoke with the applicant, Commissioner Golberg, Vice-Chair Babineau, Councilmember Burns, Mayor Pro-Tem Twining, and staff. • Commissioner Palmer spoke with Mayor McKeon, Mayor Pro-Tem Twining, Councilmember Kennedy, the applicant, and residents. • Commissioner Goldberg spoke with Commissioner Thienes, Vice-Chair Babineau, the applicant, and Councilmember Gruel. Joanna Cortez, Principal Planner, gave the staff presentation for the proposed project. There was lengthy discussion regarding the following items: restrictions on who may rent the proposed bungalows, the definition of a hotel in the zoning code, the restrictions on short term rentals within the city, the transient occupancy tax, similar uses and properties within the city and in local jurisdictions, code enforcement processes in case of a code violation, the setbacks for the proposed buildings, the potential noise impacts, the bungalows status as an ancillary use to the current site, the current entitlements and ABC license for the existing use, the current state of the existing tennis courts, the potential for lighting the tennis courts that are not proposed to be demolished, the number of tennis courts onsite, and the CEQA exemption classification. THE PUBLIC HEARING WAS OPENED. Jonathan Bailey, applicant, spoke in support of Item No. 26-039, giving a lengthy overview of the proposed project, and citing the need for updated facilities onsite, new landscaping with limited shedding, and noise impacts should be reduced. Current clubhouse is 40 years old. Revenue from bungalows will pay for new amenities. Mr. Bailey spoke at length with the commissioners regarding membership in The Huntington Club, reciprocal membership agreements, limiting reciprocal memberships to exclude bungalow rentals, the potential need for an entitlement plan amendment to add lighting to some of the remaining tennis courts, current usage of the existing tennis courts, potential light impacts, facility hours of operation, and the impacts and proposed changes to the existing parking. Jim Hartman, resident, spoke in opposition to Item No. 26-039, citing concerns with the parking, recreation space, and safety impacts, as well as the proposed roadway and the CEQA exemption. Mr. Hartman presented a signed petition in opposition to the project and asked for transparency and consistency with the General Plan and CEQA. Scott Willingham, resident, spoke in opposition to Item No. 26-039, citing the impacts of the proposed removal of lighted tennis courts, the reduction of recreation capacity, and the potential negative impacts to local charity events. 89 PC Minutes January 27,2026 Page 11 26pcm0127 Robert Kelly, resident, spoke in opposition to Item No. 26-039, citing concerns with potential short term rental impacts, consistency with municipal regulations, and potential legal issues. Lisa Wellman, resident, spoke in opposition to Item No. 26-039, citing the size of the proposed bungalows, lack of transparency by the applicant, the potential negative traffic impacts, and the potential for the club to rent the bungalows to non-members. Rick Wood, resident, spoke in opposition to Item No. 26-039, citing the loss of tennis courts, the potential noise impacts to neighboring residents, the proposed CEQA exemption classification, and lodging being considered an ancillary use. Lindi Sutton, resident, spoke in opposition to Item No. 26-039, citing potential negative impacts to charity events hosted at the club, and asked that any commissioner disclose membership, financial interests, and conflicts of interest with the club. Douglas Warren, resident, spoke in opposition to Item No. 26-039, citing concerns that the bungalows will not be restricted to member use, the proposed CEQA exemption, and the petition against the proposal signed by club members. Tara Cockshott, resident, spoke in opposition to Item No. 26-039, citing concerns with the CEQA exemption, transparency regarding any renovation plans, and the analysis showing potential financial benefits to the city. Brian Rosenblatt, resident, spoke in opposition to Item No. 26-039, citing the high usage of the tennis courts that are selected for removal, the bungalow usage, the high fees, and the potential negative impacts to club members. Frank Andruss, resident, spoke in opposition to Item No. 26-039, citing concerns that the bungalows would be rented by nonmembers, the proposed CEQA exemption, the use classification, and the potential impact to membership dues. Robert O Hill, property owner, spoke in support of Item No. 26-039,citing the need for improvements in the facilities, the potential benefits of the proposed new amenities, and the potential positive impacts on the social aspect of the club. Cheryl Gates, resident, spoke in opposition to Item No. 26-039, citing concerns with the CEQA exemption, the zoning and general plan consistency, and the potential negative lighting and noise impacts to the surrounding residents. Sean Bollettieri, resident and a golf club owner, spoke in support of Item No. 26- 039, citing the potential benefits to the city and the members. Mr. Bollettieri stated that the facility needs upgrades and that the proposed renovations would improve the club. Addison Skye Brechich Bollettieri, tennis player, spoke in support of Item No. 26- 039, citing the added value of the proposed upgrades, the draw of new amenities, and the potential positive lighting impacts of new technology. 90 PC Minutes January 27,2026 Page 12 26pcm0127 Willabay Breunich, tennis player, spoke in support of Item No. 26-039, citing the benefits of the proposed improvements for the club and community. Curt Hillard, resident, spoke in opposition to Item No. 26-039, citing the potential negative impacts to the neighboring residents, future charity events, and club members. Mr. Hillard expressed concern that the bungalow rentals would be disruptive. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. There was lengthy discussion on the following items: potential negative impacts to club members and membership, restricting reciprocal members from renting the bungalows, the membership verification process, the ancillary use classification of the bungalows, the CEQA exemption, potential safety impacts from the proposed parking modifications, pedestrian access, the zoning review process, and the potential for additional lighting on remaining tennis courts and the entitlement process for that proposal. A MOTION WAS MADE BY GOLDBERG, SECONDED BY MCGEE, TO FIND FIND THE PROPOSED PROJECT CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) PURSUANT TO SECTION 15332, CLASS 32; AND; APPROVE CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009 WITH SUGGESTED FINDINGS AND MODIFIED CONDITIONS OF APPROVAL TO RESTRICT BUNGALOW RENTAL TO CLUB MEMBERS AND TO EXPLORE ADDITIONAL LIGHTING ON REMAINING TENNIS COURTS, BY THE FOLLOWING VOTE: AYES: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED FINDINGS FOR PROJECTS EXEMPT FROM CEQA: The Planning Commission finds that the project will not have any significant effect on the environment and is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15332 of the CEQA Guidelines. The Project meets all conditions described in CEQA Guidelines Section 15332(a) through (e) pertaining to in-fill development projects (Class 32 categorical exemption): (a) The Project is consistent with all applicable general plan designations and policies, as well as applicable zoning designations and regulations; (b) the Project occurs entirely within City of Huntington Beach limits on a 2.46-acre portion of the project site and is surrounded by urban uses; (c) the Project site has no value as habitat for endangered, rare, or threatened species; (d) approval of the Project would not result in any significant effects relating to traffic, noise, air quality, or water quality; and (e) the site can be adequately served by all required utilities and public services. Therefore, the Project qualifies for Class 32 exemption and is categorically exempt under Section 15332 of the CEQA Guidelines. 91 PC Minutes January 27,2026 Page 13 26pcm0127 FINDINGS FOR APPROVAL – CONDITIONAL USE PERMIT NO. 22-011: 1. Conditional Use Permit No. 22-011 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse (12,046 sq. ft.) at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis courts. The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse for lodging for club members and will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood as the proposed use will be within an existing private golf and tennis club facility. The proposed project is not anticipated to generate any significant noise, traffic, parking or other impacts detrimental to surrounding properties and is consistent with the subject property’s zoning. The proposed amenities are ancillary to an approved commercial recreation use. The design of the tennis clubhouse incorporates contemporary architecture with a combination of façade breaks and architectural elements and materials that provide visual interest such as smooth plaster, contrasting concrete and metal accents, and a standing seam metal roof. The bungalows include similar materials with a modern Spanish Colonial Revival architectural style, clay tile roofs, and primarily smooth plaster façade finish. The shared materials will complement the new buildings with the existing golf clubhouse. New landscaping and net additional 32 parking spaces will enhance the recreational facility. The proposed bungalows will replace four tennis court areas and along with the lofts provide short-term accommodations for members and their guests during club events as an additional amenity to the club. Furthermore, the nearest residence is approximately 75 feet away from the nearest bungalow and more than 100 feet away from the nearest parking space. To minimize potential noise impacts during nighttime hours, the project is conditioned to post signage restricting visitors from congregating outside of the bungalows during nighttime hours and provide onsite club personnel/security to patrol and enforce quiet hours. The new tennis clubhouse/fitness center and swimming pool will be replaced at their existing location, approximately 380 feet away from the nearest residence, and surrounded by the existing golf clubhouse, lake feature, and center tennis court. The new tennis clubhouse and pool will be oriented towards the site’s parking lot. The project will enhance the site and support the continuation of an existing commercial recreation use. 2. The granting of Conditional Use Permit No. 22-011 to remodel a portion of an existing private golf and tennis club facility (The Huntington Club) and add new lofts and bungalows as ancillary amenity will not adversely affect the General Plan because it is consistent with the Land Use Element designation of Open Space-Recreation (OS-R) on the subject property. In addition, it is consistent with the following goals and policies of the General Plan: Land Use Element Goal LU-1: New commercial, industrial and residential development is coordinated to ensure that the land use pattern is consistent with the overall goals and needs of the community. Policy LU-1 (A): Ensure that development is consistent with the land use designations presented in the Land Use Map, including density, intensity, and use standards applicable to each land use designation. 92 PC Minutes January 27,2026 Page 14 26pcm0127 Policy LU-1 (D): Ensure that new development projects are of compatible proportion, scale, and character to complement adjoining uses. Policy LU-14 (B): Encourage both coastal and inland visitor-serving uses to offer a wide spectrum of opportunities for residents and visitors. Noise Element Policy N-1 (A): Maintain acceptable stationary noise levels at existing noise-sensitive land uses such as schools, residential areas, and open spaces. Environmental Resources and Conservation Element Policy ERC-2 (D): Encourage and coordinate with private commercial recreational businesses to provide recreational services and facilities that may not otherwise be offered by the City. The proposed development will continue the land use pattern of open space-recreation uses in the surrounding area. The new tennis clubhouse and pool will be updated and located in their existing locations. The new clubhouse will remain two stories and will be similar in height with surrounding properties. The new bungalows will also be compatible in height, proportion, scale, and character with the neighborhood and similar existing recreational uses on-site. The buildings feature quality architecture and exterior finish materials, and the functional site layout integrates landscape improvements with adequate vehicular and pedestrian circulation. The existing private golf and tennis club will continue to operate as originally approved. The new units for short-term accommodation will be an additional amenity offered to members of the private club and conditioned to be limited to members and their guests to ensure the development remains compatible with the surrounding uses and compliant with the General Plan and zoning designations. In addition to conditions of approval, adequate distances between new structures and adjacent residential uses are provided to sufficiently buffer and minimize potential impacts on noise-sensitive uses. Site upgrades will support the club’s operations in providing amenities to residents and visitors that promote recreational uses within the coastal zone. 3. Conditional Use Permit No. 22-011 to remodel an existing private golf and tennis club facility and add new lofts and bungalows will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance because the OS-PR zoning designation allows for commercial recreational uses with the approval of a conditional use permit. The proposed improvements will be located within the premises of an existing commercial recreation facility and conforms to applicable site development standards, including landscaping, setbacks, height, and parking. FINDINGS FOR APPROVAL - COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. Coastal Development Permit No. 22-009 is a request to remodel an existing private golf and tennis club facility including removing and replacing a swimming pool, two-story tennis clubhouse building at an overall height of 30 ft.-8 in., parking and landscaping and removing four tennis court areas (three tennis courts and one outdoor event space). The request also includes the construction of four single-story detached bungalow structures (ranging from 883 sq. ft. to 1,865 sq. ft.) at an overall height of 17 ft.-3 in. and two loft units (3,036 sq. ft. and 1,173 sq. ft.) proposed on the second floor of the new tennis clubhouse as short-term accommodation for club members and conforms with the General Plan, including the Local Coastal Program because the project is consistent with Coastal Element Policy C.1.1.1, which 93 PC Minutes January 27,2026 Page 15 26pcm0127 encourages development within, or contiguous to or in close proximity to existing developed areas able to accommodate it. The project’s location would not result in an impact on open space recreational areas. Public services are currently available to the project site, as well as the surrounding parcels, and the project includes improvements to existing infrastructure to ensure adequate service after project implementation. 2. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows is consistent with the requirements of the CZ Overlay District, the base zoning district, as well as other applicable provisions of the Municipal Code because the proposed project complies with applicable development regulations, including building setbacks, building height, parking, and landscaping. It is also consistent with the design guidelines and is compatible with the scale and transition of surrounding development. 3. At the time of occupancy, the proposed development to remodel an existing private golf and tennis club facility and add new lofts and bungalows can be provided with infrastructure in a manner that is consistent with the Local Coastal Program as the proposed project will be constructed on a developed site in an urbanized area with all necessary services and infrastructure available, including water, sewer, and roadways. In addition, the project provides the necessary public improvements. 4. Coastal Development Permit No. 22-009 to remodel an existing private golf and tennis club facility and add new lofts and bungalows conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act because the proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City’s General Plan, Coastal Element, and HBZSO. CONDITIONS OF APPROVAL - CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009: 1. The site plan, floor plan, and elevations received and dated November 6, 2025 shall be the conceptually approved layout with the following modification: The width of the new island planter in the parking lot shall be reduced to provide minimum 26 ft. wide drive aisles for backup and maneuvering of 90-degree stalls. (HBZSO Sec. 231.14) 2. The use shall comply with the following: a. Bungalow/loft units shall be limited to The Huntington Club members and their guests only and shall be rented to members for short-term accommodation (less than 30 days only). b. Units shall not be converted into residential units or short-terms rentals open to the public. (HBMC 5.120) c. Occupancy of less than 30 days shall be subject to and shall pay a tax on the rent charged by the operator at a rate equal to the current, combined state and local use tax rate. (HBMC 3.28) d. Signage shall be placed around the bungalows enforcing quiet hours between 10 pm – 7 am. e. Facility personnel shall be present to enforce quiet hours to limit congregating around the bungalows/lofts units. f. In the event of multiple verified complaints of violation of the Huntington Beach Noise Control Ordinance (HBMC Chapter 8.40), the applicant shall immediately meet with the Community Development Department to discuss mitigation 94 PC Minutes January 27,2026 Page 16 26pcm0127 measures. g. The applicant shall work with the Community Development Department to process an application to provide lighting for up to six unlit tennis courts on the property. 3. Prior to submittal of building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on one of the first three pages of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical, and plumbing) and shall be referenced in the sheet index. The minimum font size utilized for printed text shall be 12 point. b. A photometric plan of new light standards and fixtures shall be submitted to the Community Development Department for review and approval demonstrating that illumination will not occur over property lines shared with adjacent residential properties. The approved plan shall be included in the building permit set. 4. The applicant and/or applicant’s representative shall be responsible for ensuring the accuracy of all plans and information submitted to the City for review and approval. 5. Prior to issuance of a grading permit and at least 14 days prior to any grading activity, the applicant/developer shall provide notice in writing to property owners of record and tenants of properties within a 500-foot radius of the project site as noticed for the public hearing. The notice shall include a general description of planned grading activities and an estimated timeline for commencement and completion of work and a contact person name with phone number. Prior to issuance of the grading permit, a copy of the notice and list of recipients shall be submitted to the Community Development Department. 6. Prior to issuance of building permit, an interim parking and building materials storage plan shall be submitted to the Community Development Department to assure adequate parking and restroom facilities are available for employees, members and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The plan shall also be reviewed and approved by the Fire Department and Public Works Department. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. 7. During demolition, grading, site development, and/or construction, the following shall be completed: a. Construction equipment shall be maintained in peak operating condition to reduce emissions. b. Use low sulfur (0.5%) fuel by weight for construction equipment. c. Truck idling shall be prohibited for periods longer than 10 minutes. d. Attempt to phase and schedule activities to avoid high ozone days first stage smog alerts. e. Discontinue operation during second stage smog alerts. 8. Ensure clearly visible signs are posted on the perimeter of the site identifying the name and phone number of a field supervisor to contact for information regarding the development and any construction/grading activity. 95 PC Minutes January 27,2026 Page 17 26pcm0127 9. The final building permit(s) cannot be approved until the following has been completed: a. All improvements must be completed in accordance with approved plans. b. Compliance with all conditions of approval specified herein shall be verified by the Community Development Department. c. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off-site facility equipped to handle them. 10. CUP No. 22-011 and CDP No. 22-009 shall become null and void unless exercised within two years of the date of final approval or such extension of time as may be granted by the Director pursuant to a written request submitted to the Community Development Department a minimum 30 days prior to the expiration date. 11. The Development Services Departments and divisions (Building & Safety, Fire, Planning and Public Works) shall be responsible for ensuring compliance with all applicable code requirements and conditions of approval. The Director of Community Development may approve minor amendments to plans and/or conditions of approval as appropriate based on changed circumstances, new information or other relevant factors. Any proposed plan/project revisions shall be called out on the plan sets submitted for building permits. Permits shall not be issued until the Development Services Departments have reviewed and approved the proposed changes for conformance with the intent of the Planning Commission’s action. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the provisions of HBZSO Section 241.18. INDEMNIFICATION AND HOLD HARMLESS CONDITION The owner of the property which is the subject of this project and the project applicant, if different from the property owner, and each of their heirs, successors and assigns, shall defend, indemnify and hold harmless the City of Huntington Beach and its agents, officers, and employees from any claim, action or proceedings, liability cost, including attorney's fees and costs against the city or its agents, officers or employees, to attack, set aside, void or annul any approval of the City, including but not limited to any approval granted by the City Council, Planning Commission, or Design Review Board concerning this project. The City shall promptly notify the applicant of any claim, action or proceeding and should cooperate fully in the defense thereof. CONSENT CALENDAR 26-091 APPROVE PLANNING COMMISSION SPECIAL MEETING MINUTES DATED NOVEMBER 20, 2025 Recommended Action: That the Planning Commission take the following action: “Approve the November 20, 2025, Planning Commission Minutes as submitted." 96 PC Minutes January 27,2026 Page 18 26pcm0127 A MOTION WAS MADE BY BABINEAU, SECONDED BY PELLMAN, TO APPROVE THE NOVEMBER 20, 2025, PLANNING COMMISSION MINUTES AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Pellman, Bush, Thienes, Babineau, McGee, Palmer NOES: None ABSENT: None ABSTAIN: Goldberg MOTION APPROVED 26-092 APPROVE PLANNING COMMISSION REGULAR MEETING MINUTES DATED DECEMBER 9, 2025 Recommended Action: That the Planning Commission take the following action: “Approve the December 9, 2025, Planning Commission Minutes as submitted." A MOTION WAS MADE BY PELLMAN, SECONDED BY PALMER, TO APPROVE THE DECEMBER 9, 2025, PLANNING COMMISSION MINUTES AS SUBMITTED, BY THE FOLLOWING VOTE: AYES: Pellman, Bush, Thienes, Babineau, McGee, Palmer, Goldberg NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED NON-PUBLIC HEARING ITEMS - NONE PLANNING ITEMS Mr. Ramos reported on upcoming planning items for Planning Commission and City Council. PLANNING COMMISSION ITEMS Commissioner Pellman reported on the recent Historic Resources Board meeting. The commissioners wished each other a Happy New Year. ADJOURNMENT: Adjourned at 8:33 PM to the next regularly scheduled meeting of Tuesday, February 10, 2026. APPROVED BY: Jennifer Villasenor, Secretary Brett Bush, Chairperson 97 Comment Letter 1: Elizabeth Hartman, January 20, 2026 11198 ····•O rigin al Message----- From: Eliz abeth H artm an <hartma nho u seoc@gmail.com> Sent : Tu esday, January 20 . 2026 7:18 PM To: CITY COU N CIL (I N CL. C MO STAFF) <ci ty.council@surfc i ty-hb.o rg> Cc: Hyland . Co nnor <conno r.hyl and@surfc ity-hb.o rg>: Pe rmit Cente r <pe rmitcenter@surfc ity­ hb.org>; Pla nni ng Com mi ssio n <pla nning.com mi ssio n@surfcity-hb.org>; SouthCoast@coastal .ca.gov Subject: RE: Co nd it i ona l Use Perm i t No. 22-0 11 / Coastal D evel opm ent Perm i t N o. 22 -009 Hun tington Cl ub Remodel a nd Bungalows -6501 Pa lm Avenu e Planning Com mission H ea ring: Jan u ary 27, 2026 !Som e people w h o received th is m essage don't ofte n get email from hartma nho useoc@gmail.com. Lea rn why th is is im port an t at h tt ps://a k a.ms/Lea rnAbou tSenderlden t ificati on J H ono rab le Mayo r an d Members of the City Cou n cil , Honorable Members of t he Pla nn ing Co mm ission. Ci ty Atto rn ey's Offi ce, and In terested Coastal Co mm ission Staff : Thi s l etter i s s ub mitted to form ally object to . and preseNe all legal o bjecti ons regarding, the proposed H un t ington Club Remodel and Bu ngal ow s proj ect. Th ese com m ents a re s ub mitted pursu an t to th e Hu n tington Beach Mu ni c ip al Code ("HBMC"), lh e Californi a Coasta l Act, and t he Cal ifo rni a En vironm enta l Q uality Act ("CEQA"), and a re intend ed to be inclu ded in th e admin ist rati ve record fo r all curren t and future proceedings, i ncluding appeals and ju dic ial review. 11299 I. MISCLASSIFICATION OF USE UNDERHBMC TITLE 2 1 The proj ect proposes four detached bungalow structu res and t wo loft uni ts inte nded for overnight occupancy. Alth0ugt1 ctia racteri zed as "lodging for cl ub members," the form , sca le, and fu nction of these structures are inconsiste nt with an accessory or incidental use und er HBMC Title 21 . Accessory uses must be clearly subordinate and in cidental to the principa l permitted use. Detached, hab ita ble structures designed fo r repeated overnigh t occupa ncy are neither inc id enta l no r subord inate to a pri vate recreational fac il ity. The bunga lows are independent structures. physica lly and fu nctionally di stinct from the golf and te nnis operations, whi te the loft units are of a size a nd configuration consistent with lodging or dwelling uni ts . The City may .-.ot rely on ta bets provided by lhe applicant: it mu st evaluate how the proj ect will fu nction in practice. App roval of a proj ect whose o pera tio nal reality exceeds what is permitted by zoning is legally impermissible . 11. OE FACTO RESI DENTIAL OR HOTEL USE WITHOUT REQUIRED ENTITLEMENTS Absent enforceable condi tions. th e proposed overnight units ena ble de facto residenti al or hotel use w ithout the enti tlements requ ired und er HBMC Title 21. The app licatio n materi als fail to impose enfo rcea ble restr ictions on: Length and frequency of stay Occupan.cy limits Ki tchen facilities and inde pendent living features Rental, te asing, or m arketing pra ctices Without such restri ctions, the project exceeds what m ay be approved through a Condi tiona l Use Pe rmit ato ne a nd wo uld require addi tional la nd use approvals, including rezoning or hotel­ specific entitle ments. Approva l without such ana lys is is unsu ppor ted by substantial evid ence. Il l. LOSS OF EXISTING REC REATI ONAL FACI LITIES AND AMEN ITIES The proj ect proposes th e rem oval of fou r existing tenni s co urts, with no replacement courts proposed. These co urts represent an existing recreati onal use a nd am enity that se1Ves both cl ub membe rs and the broa der rec reational fabric of the City. Elimination of these facili ties constitutes: 113100 A reduction in recrea tional services A l oss of m em bersh ip benefi t s fo r te nnis and p ic kleba ll players Po tential econ om ic harm to t he existing club, as mem bers hip ret en tion and rev enu e depe nd on maintaining these a menities H BMC requires that C UP ap provals m ainta in c o m patibility wit h existing use s a nd not d im ini s h established com m u nity resou rces . Rem oving courts wit hout re place m ent o r m itigat ion co nstitu tes a legally in suffic ient find ing. Ill -A. ECO NOMI C AN D COMM UNITY I MPACT OF M EM BER LOSS The rem oval of courts and reco nfiguration of fac ilities w ill c ause m any c u rrent c l ub m em be rs to ca ncel mem bers hips a nd relocate to clubs in Newport Beac h, Lo ng Beac h, Sea l Beac h, a nd other su rro und ing areas, resu lting in: Direct econo m ic h arm t o the H untington C lub due to loss of m emb ers hip reven ue • Reduct ion in local rec re ational opportu ni ties f or Huntington Beac h resi dents • Po tential regional im pac t s as d i splaced m embers j oin neigh bor ing c lu bs, s hifting tra ffic a nd la nd -use bu rd ens The C ity m ust co nsid er these eco nom ic a nd c omm u nity im pacts und er C EQA a nd HBMC Title 2 1 w hen eva l uat ing CUP fin dings. 111 -B. COM MUN ITY AN D CHARITAB LE IMPAC T The Hu ntington C lub suppo rts multipl e c h ari t abl e events , inc l uding t he a nnual "Seive It U p fo r t he Troops• te nni s , pic k leball, a nd golf tourna me nt. The club is t he s ingl e la rgest fu ndrais e r fo r t hi s organ iza tion . Rem ova l o f c ourts a nd d is rup tion o f the existing re c reational i nfrastruc t u re th rea t ens: The continuity of these c ha ritable events The c lu b's abili ty to sewe th e comm unity and n onp rofit organizations Hu nti ngto n Beac h's reputation and access t o rec reatio nal resou rces f or t he pub li c These impacts m ust be c o nsid ered u nder CEQA as socia l a nd econo m ic effec t s, a nd u nd er H BMC Title 2 1 w hen evaluating CUP find ings rega rd ing c o m patibili ty and publi c be nef i t. IV . I MPROPER RE LIANCE ON A CEQA CATEGORI CAL EXEM PTIO N The C ity's re li ance o n a CEQA c a tegorical exempt ion i s lega lly im proper . 114101 Introduct ion o f overnight lodg ing and rem ov al o f existing rec re at ional faciLit ies co nstit ut es: • Mater ial intens ificatio n a nd c hange o f use • Reason abl e possib ility o f s ignificant enviro n menta l im pacts , includ ing traffic, parking, no ise, lighting, utilities, and pub lic s af ety C EQA Guid eli nes pro hib it ca t egorical exem ptions w here unusual c irc um stances or int ensific atio n o f use m ay result in s ignificant enviro n menta l effects. The C ity m ay no t segm ent t he project t o av oid prope r review . V. COASTAL ACT CONSISTENCY CONC ERNS Alt hough in t he non -appe alab le a re a of the Co astal Zone, the City m ust ensure co nsis tency w ith Co asta l Act po lic ies rega rd ing : Visitor-sewing rec reational uses Protec tion of public access a nd rec reational resources Avo iding inc rem ental p riva tiza tion of coasta l land Ap proval of quasi-resi dential o r hotel-like l odging w ithout proper c lassific atio n, find ings, o r environmen ta l review underm ines these policies. VI. FAILURE TO MA KE REQUIRED FI NDINGS To lawfu lly app rove t his pro j ec t, t he C ity m ust m ake explicit , ev idence-base d fin dings that: 1. Lodging is t ruly accessory and incid ental t o the p rim ary recreat ional use 2. The pro j ec t does no t fu n c tion as residential o r hotel use 3. The sc ale and in te nsi ty a re co m pa tible w ith su rround ing zo ning 4. C EQA exem p tion fully applies notwit hstand ing overn ight occ upancy 5. The pro j ec t does no t increase intens ity of use beyo nd w hat is per m itted Abse nt substantial evide nce :supporting each find ing, approval wou ld be a rbitrary, c apr ic ious , and contrary to law . VI I. SPEC ULATIVE/ UN PROVE N REVEN UE STR EAM The proposed lodging and bungalow units co nstitute a specula tive , u ntested reven ue sou rce. There is no demo ns trat ed d em and, and the pot ential l oss o f cu rrent m embers further u nder m ines the c laime d fina n c ial ratio nale. Ap proval based o n this un tested revenu e, w it hou t m it igatio n fo r d isplaced membe rs hip and l oss o f recreat ional services , fails the subs ta ntial evid ence requirement a nd c a n no t j ustify CUP approval o r CEQA exem ptio n. 115102 VIII. NECESSARY COND ITI ONS I F APPROVAL IS CONSID ERED If the C ity co nsiders approva l notwithstand ing th e above concerns, i t m ust im pose c l ea r, en fo rceable con di t ion s, inc lud ing : Strict m axim um length-of-stay lim its Pro hib it ion of full k itc hens o r in depen dent living facilities Abso lute prohib ition on l easing, rent ing, o r ac!Vertis ing Occ upa ncy caps Rest rict ion to c lub m em bers o nly A nnual co m pliance re porting Express revoca tio n au th o rity fo r vio latio ns Fail ure t o im pos e such c o nd it ions f urther strengt he ns lega l vu lnerab ility. IX. PRES ERVATI ON OF RIGHTS All obj ec tion s raised herein a re inte nd ed to prese ive all a dm in istrative, app ella te, a nd j udic i al re m ed ies u nder st ate a nd l ocal law. The C ity i s resp ectfu lly requ ested to include th is co rrespond ence in t he administrative record a nd respond w i th spec if ic find ings ad dressing each co nce rn . This len er is provid ed to document the status o f t he p ro pose d approvals a nd is not inte nded as a wa iv er o f a ny r igh t s u nder H BMC, CEQA, the Coasta l Act, or applicab le law . Respec tfully subm ined, Jam es and Elizabe th Ha rtma n THC Mem be rs/Townlot Prope rty own ers/Ed i so n Hig h Schoo l, C lass o f 1983 Hu ntington Beac h, Californ ia Sent from m y iPhone m isspellings a nd all ... Eli zabeth H artma n t : 770 -34 4 -9236 Sent from m y iPhone m isspellings a nd all ... Response to Comment Letter 1: Elizabeth Hartman, January 20, 2026 Response to Comment I: Per HBZSO Chapter 204 and 213, accessory uses are limited to facilities incidental to an open space use. The proposed bungalows and lofts are incidental to the primary use which is the tennis and golf club, conditionally permitted as a commercial recreation use within the open space zone. Response to Comment II: The project proposes conditions of approval that address length and frequency of stay, occupancy limits, kitchen facilities and independent living features, and rental, leasing, or marketing practices. The conditions limit the bungalows and lofts to short term accommodation, limited to members and their guests, and prohibits conversion to residential. The primary use will remain a private tennis and golf club which has conditionally been permitted. This project will improve a major recreational facility within the city by adding additional amenities and upgrade existing structures/amenities in a manner that will allow the club to continue with their existing events while also benefiting club members and the surrounding neighborhood. Response to Comment III, III-A, III-B: This comment does not provide any substantial evidence that the Project would result in a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The project merits, including any economic an d social effects of the project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the Class 32 includes an analysis of the project’s potentially significant physical impacts on the environment and does not include a discussion of economic harm. Additionally, the project would not displace recreational users to such an extent that existing public facilities would experience substantial overcrowding or physical degradation, nor would it necessitate the construction of new recreational facilities. The tennis courts are privately owned and operated amenities associated with a private club. CEQA does not require preservation or replacement of private recreational amenities absent a demonstrated physical environmental impact. No substantial evidence indicates that the project would result in increased use of public recreational facilities beyond their capacity or otherwise cause a physical environmental effect. Response to Comment IV: This comment does not provide any substantial evidence that the Project would result in a significant environmental impact. The Class 32 examined potential impacts related to traffic, noise, utilities, and public safety. Parking is not a CEQA issue. All project lighting would be designed to be shielded and directed downward, consistent with the City’s design standards and Municipal Code requirements. The project is served by all required utilities and public services and no expansion of offsite utility systems is required. Construction and operational noise impacts were determined to be less than significant. As shown in Table 3 of the Class 32 exemption, the existing tennis club and four tennis courts generates a total of 111 daily trips, with 6 trips during the AM peak hour and 12 trips during the PM peak hour. Comparatively, operation of the proposed Project would generate 48 daily trips including 3 trips during the AM peak hour and 4 trips during the PM peak hour. Therefore, as shown in Table 3 below, the proposed Project would generate 63 fewer net daily trips, including 3 fewer AM peak hour trips, and 8 fe wer PM peak hour trips (proposed Project minus existing). Thus, the project does not represent an intensification of use. 116103 Response to Comment V: The proposed project will not impede public access and does not conflict with any public recreation policies by the provision of a development consistent with the City’s General Plan, Coastal Element, and HBZSO. The site is privately owned and the development will not remove any recreation resources or affect public access. Response to Comment VI: The proposed short term accommodations will be an accessory use/amenity to the principal use, a private golf and tennis club. Conditions have been added to ensure that the principal use does not change and that the accessory use is compatible with the principal use and the surrounding neighborhood. Response to Comment VII. Speculative Revenue Stream: This comment does not provide any substantial evidence that the Project would result in a significant environmental impact. CEQA is an environmental protection statute that is concerned with physical changes to the environment (CEQA Guidelines Section 15358(b)). The environment includes land, air, water, minerals, flora, fauna, ambient noise, and objects of historic or aesthetic significance (CEQA Guidelines Section 15360). The project merits, including any economic and social effects of the project are not treated as effects on the environment (CEQA Guidelines Sections 15064(e) and 15131(a)). Therefore, consistent with CEQA, the Class 32 includes an analysis of the project’s potentially significant physical impacts on the environment and does not include a discussion of economic harm. Response to Comment VIII. Suggested conditions have been provided to address these concerns. Please see response to Comment II. Response to Comment IX: This comment is conclusionary in nature and does not raise a specific issue with the adequacy of the Class 32. Because the comment does not express any specific concern or question regarding the adequacy of the Class 32, no further response is warranted. 117104 118105 From: To: Cc: Er'litbetb Hacrmao suopJementalcomm@surfcity;hb.org ttvlaod O?m:,n-r. Plann:M O?mmission· CID'. COU\ICTI ONfl CMO 5IAff}! Pffinit P..m.,.r· 59iahf-Oas@cra:sral ca Wt'" O?i:v:z Nitooa· flames l ixl Ian"' Subject: Fwd: Date: Attachments: Monday~ January 26, 2026 4:44:57 PM PETITION CERTIHCATION .pelf The ts-sue.pdf S'"'ilnann 511mm;ny odf p=ritj90 siQOittrn:es i9bs 4902fi¥54 ,0260 12§.232929 <SY I You don't oft en get email from hartrnanhouseoc@gmail.corn Lea rn why this is irrcortant Begin fo rward ed message: From : E lizab e th Hartman <hartm anhouseoc @gmai l.com > Date : J anua ry 26 , 2026 a t 4 :19 :53 PM PS T To : El izabeth Hartman <hartmanhouseoc@ gma il .com> Good afternoon, This email serves as the fom1al submiss ion and notice o f a petition and supporting signarures regru-ding Agenda Item 26 -039 , Conditional Use Permit No. 22-0 1 I and Coastal D ev elopmen t Permit No. 22-009 , concerning the p ropos ed Huntington Clu b Bungalows and Lo fts p roj ect. Submission Details (For the Record): -The a ttac hed p etition has rec eived over 500 s ignatures within a 4 8-hour period, re.presenting a s ubstantial p ortion of The H untington Club men1bers hip , as we ll as res iden ts and stakeholders of the City of Huntington Bea ch . -The petition and signal\lres w ere emailed to the City and Planning Commission prior to 5:00 PM toda y . -Phys ical cop ie s o f the petition will be hand -delivered to the C ity Clerk a t the Planning Commission dais , w ith additional copies provided to Planning Commiss ion members and City p lanning s taff. -This submiss ion is intended to ensure the petition and all su pporting ma terials are entered into• the official adminis trative record for the Januaiy 27 , 202 6 Planning Commission meeting. Purpos e o f Submiss ion : The pe tition res pectft11ly requests denial of, or ftlrther lawftll rev iew o f, the propo sed p roj ect as currently presen ted, based on conc erns rela ted to : -The s cope and legality of approval under a Conditiona l U se Permit ; -A pp licab ility o f the CEQA C las s 32 exemption ; -Consistency with Open Spa ce-Recrea tion zoning; -Equal treatrne,it under local s hort-term rental regulations ; - Preservation of existing recreational facilities, including tennis courts; and - The need for full disclosure of reasonably foreseeable future development. This submission is not intended to be adversarial, but rather to assist the City, the Planning Commission, and reviewing agencies in ensuring that all decisions are made with a complete and accurate record, in compliance with applicable municipal, state, and coastal laws. Please confirm receipt of this submission and inclusion in the record at your convenience. Thank you for your time, service, and commitment to the City of Huntington Beach. Respectfully submitted, Elizabeth Hartman t: 770-344-9236 Sent from my iPhone misspellings and all... 119106 120107 CERTIFICATION OF PETITION AND SIGNATURES Agenda Itcn1 26 -039 Conditional Use Permit No .22-011 / Coastal Development Penni! No . 22 -009 Huntington Club -Bungalows & Lofts I, El izab eth Hartman , hereby certi fy the following: I. T he attached petition titled "Huntington Club Bungalows & Lofts -Petition to Deny or Require Fu11her Lawful Reviev/' was created and circulated via Change.org. 2. As of Monday, January 26th at 5:00pm, the petition has received over 500 signatures within approxi1nately 48 hours of publication. 3. The attached signature list is a true and correct export of signatures obtained through Change.org and includes signer nan1.es, locations "vhere provided, and timestamps . 4. The petition and signatures are sub,nitted for inclusion in the official adn1inistrative record for the January 27, 2026 Planning Comn1ission hearing . 121108 5. This submission is n1ade to preserve p rocedural rights, ensure full disclosure, and assist the City in complying with applicable zoning, CEQA, Coastal Act, and municipal requiren1ents. I declare under penalty of pe rjury under the laws of the State of Ca\ifo.mia that the foregoing is true and correct. Executed on : January 26th, 2026 At: Huntington Beach, California Signature: ~ Name: El izabetn Hartman SIGNATURE SUMMARY Agenda Item 26-039 Conditional Use Permit No. 22-011 / Coastal Development Permit No. 22-009 Huntington Club – Bungalows & Lofts •Petition platform: Change.org •Petition launch date: January 24, 2026 •Signature count as of: January 26, 2026, at 5 PM •Total signatures: 500+ •Timeframe of collection: Approximately 48 hours •General signer description: Signatures include Huntington Club members, Huntington Beach residents, and other community stakeholders, as identified by self-reported information at the time of signing. This summary is provided for administrative clarity only. Individual signatures, timestamps, and locations (where provided) are included in the attached signature list. 122109 The Issue To: The City of Huntington Beach City Council, Planning Commission, and City Attorney   Regarding: Conditional Use Permit No. 22-011 / Coastal Development Permit No. 22-009 Huntington Club – Bungalows & Lofts (Agenda Item 26-039) We, the undersigned residents and stakeholders of the City of Huntington Beach, respectfully petition the City to deny or require further lawful review of the proposed Huntington Club Bungalows & Lofts project, as currently proposed, based on the following concerns: 1. Improper Use of a Conditional Use Permit (CUP) The project proposes four bungalows and two loft units intended for overnight stays of less than 30 days. This constitutes a lodging or quasi-hotel use, which is not a conditionally permitted use within the Open Space– Recreation (OS-PR) zoning district. A Conditional Use Permit may not lawfully be used to authorize a new or intensified land use that exceeds the zoning code. Approval of paid overnight lodging through a CUP would exceed the City’s administrative authority. 2. CEQA Class 32 Exemption Is Legally Inapplicable The City’s reliance on a Class 32 (In-Fill) CEQA exemption is inappropriate because: The addition of overnight lodging materially intensifies the use of the property The removal of four tennis courts alters the functional character of the site Proximity to residential uses creates potential environmental impacts The project may involve unusual circumstances under CEQA Guidelines §15300.2 CEQA requires evaluation of the whole of the 123110 action, based on how the project will actually operate, not how it is characterized. 3. Unequal Treatment Under Local Short- Term Rental Law Huntington Beach Municipal Code §5.120 prohibits residents from renting homes for periods of less than 30 days, except under narrow, express authorization. Allowing a private landowner or club to operate paid overnight accommodations under a CUP—while residents are prohibited from similar activity—creates unequal treatment under the law and undermines consistent enforcement of municipal regulations. 4. Risk of Ultra Vires Approval If the bungalows and lofts are constructed and monetized as paid overnight accommodations, approval through a CUP would constitute an ultra vires act—an action taken beyond the City’s legal authority— exposing the City to legal and CEQA challenge. PETITION REQUEST We respectfully request that the City of Huntington Beach: Deny the current CUP and CEQA exemption for the bungalows and lofts; or Require the applicant to pursue the appropriate zoning amendment or legislative entitlement; and Ensure any future consideration complies fully with CEQA, zoning law, and equal treatment principles. This petition is submitted to preserve the integrity of the City’s land use process, protect lawful zoning authority, and ensure fair and consistent application of municipal law. 124111 Name City State Postal CodeCountry Signed On Elizabeth Hartman United States1/24/2026 James Hartman Huntington Beach CA 92648 United States1/24/2026 Lindsay Kimmes Huntington Beach CA 92648 United States1/24/2026 Kevin Todd Huntington Beach CA 92646 United States1/24/2026 Richard cockshott Huntington Beach CA 92648 United States1/24/2026 Carl Goltermann Huntington Beach CA 92647 United States1/24/2026 Ida shu Huntington Beach CA 92648 United States1/24/2026 Liz Reichert Huntington Beach CA 92648 United States1/24/2026 Ana Goltermann Huntington Beach CA 92647 United States1/24/2026 Brenda danielson Huntington Beach CA 92648 United States1/24/2026 Jason Tuttle Huntington Beach CA 92647 United States1/24/2026 Race Parmenter Huntington Beach CA 92646 United States1/24/2026 Tiffany Colf Huntington Beach CA 92647 United States1/24/2026 James Shih Huntington Beach CA 92648 United States1/24/2026 Janna McConnell Huntington Beach CA 92648 United States1/24/2026 Shelby kluewer Huntington Beach CA 92646 United States1/24/2026 Frank Andruss Huntington Beach CA 92648 United States1/24/2026 Tara Cockshott Huntington Beach CA 92648 United States1/24/2026 Stephanie buccella Huntington Beach CA 92648 United States1/24/2026 Thomas mcdaniel Huntington Beach CA 92648 United States1/24/2026 Tiffany Perrucci Huntington Beach CA 92648 United States1/24/2026 lauren prelesnik Huntington Beach CA 92648 United States1/24/2026 Beau Janzen Huntington Beach CA 92646 United States1/24/2026 Elizabeth Janzen Huntington Beach CA 92646 United States1/24/2026 Angie karahalios Huntington Beach CA 92648 United States1/24/2026 Robert Kelly Huntington Beach CA 92648 United States1/24/2026 Caleb Prelesnik Huntington Beach CA 92646 United States1/24/2026 Virginia Gross Huntington Beach CA 92648 United States1/24/2026 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Wilhite Westminster CA 92683 United States1/26/2026 136123 Haleh Shari Corona CA 92880 United States1/26/2026 Soraya Eslampasand Long Beach CA 90802 United States1/26/2026 Hanieh Allahmoradi Los Angeles CA 90006 United States1/26/2026 Patricia McDaniel Huntington Beach CA 92648 United States1/26/2026 Neda Sho Aliso Viejo CA 92656 United States1/26/2026 Lisa Pinkerton Long Beach CA 90803 United States1/26/2026 Sara Saleh Laguna Niguel CA 92677 United States1/26/2026 Jack Homer Beverly Hills CA 90210 United States1/26/2026 Mathew Salek Santa Ana CA 92707 United States1/26/2026 Vida Dashloo Irvine CA 92620 United States1/26/2026 Minoo Shokrollahi Panorama City CA 91402 United States1/26/2026 137124 From:Ramos, Ricky To:Cortez, Joanna Subject:FW: Formal Record Request & Disclosure – Huntington Club Agenda item Conditional Use Permit No. 22-011 / Coastal Development Permit No. 22-009 Huntington Club Remodel and Bungalows – 6501 Palm Avenue Planning Commission Hearing: January 27, 2026 Date:Monday, January 26, 2026 4:07:10 PM -----Original Message----- From: Elizabeth Hartman <hartmanhouseoc@gmail.com> Sent: Friday, January 23, 2026 2:30 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org>; city.manager@surfcity-hb.org; Hyland, Connor <connor.hyland@surfcity-hb.org>; supplementalcomm@surfcity-hb.org; SouthCoast@coastal.ca.gov; Planning Commission <planning.commission@surfcity-hb.org>; j.villasenor@surfcity- hb.org Subject: Formal Record Request & Disclosure – Huntington Club Agenda item Conditional Use Permit No. 22-011 / Coastal Development Permit No. 22-009 Huntington Club Remodel and Bungalows – 6501 Palm Avenue Planning Commission Hearing: January 27, 2026 [Some people who received this message don't often get email from hartmanhouseoc@gmail.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] To: City Clerk, City Attorney, Members of the Huntington Beach City Council, This email is submitted in advance of the upcoming City Council vote regarding matters involving or affecting the Huntington Club. It is intended to create a clear, formal record for the public and the Council. The submission combines a public comment-style disclosure request with a California Public Records Act (CPRA) request, and is made in a good-faith effort to ensure transparency, compliance with state and local law, and preservation of public confidence in Council decision-making. Public Comment / Disclosure Request Pursuant to the California Political Reform Act (Gov. Code §§ 81000–91014), including §§ 87100, 87103, and 87200, as well as applicable Huntington Beach City Charter and Municipal Code provisions regarding Council conduct, conflicts of interest, and disclosure, I respectfully request clarification and recordation on the following: 1. Whether any sitting City Council Member currently holds, or has within the past two years held, a membership at the Huntington Club. 2. If so, whether such memberships were obtained at full market rates, including initiation fees and dues, and whether any discounts, waivers, complimentary services, or other benefits were allegedly or potentially provided, to the extent any exist. 3. Whether any such relationships, to the extent they exist, have been properly disclosed on Form 700 filings and whether a conflict-of-interest analysis has been conducted to determine whether any Council Member with such a relationship may legally participate in this vote. 4. Whether any Council Member’s participation could reasonably foresee, allegedly or potentially, future financial benefits, privileges, or other emoluments arising from the Huntington Club or related entities. 5. Confirmation that appropriate recusals will be made, consistent with state law, FPPC regulations, and Huntington Beach Municipal Code / City Charter provisions, should any current or foreseeable interests exist. This request is not an allegation of wrongdoing, but a good-faith effort to ensure compliance with California law, preserve the integrity of the Council’s decision-making, and maintain public confidence. I respectfully request that any response be addressed on the record prior to the vote. 138125 CPRA Companion Request In addition, pursuant to the California Public Records Act (Gov. Code §§ 6250–6276.48), I request access to the following public records, to the extent they exist and are maintained by the City: 1. Form 700 Statements of Economic Interests for all current City Council Members, including any reporting of Huntington Club memberships, dues, or other benefits. 2. Internal communications, memoranda, or correspondence documenting conflict-of-interest determinations, recusals, or analyses regarding Council Members’ potential financial interests, memberships, or benefits related to the Huntington Club, consistent with Gov. Code §§ 87100, 87103 and FPPC Regulations 18700 and 18702.5. 3. Any records regarding the reasonable foreseeability of future benefits, privileges, or emoluments to any Council Member arising from the Huntington Club or related entities in connection with this agenda item, consistent with state law and City Charter / Municipal Code obligations. I respectfully request acknowledgment of receipt within 10 calendar days, consistent with Gov. Code § 6253(c), and a reasonable estimate for providing these records. If any portion of the records is withheld, please cite the specific statutory exemption relied upon. I request that any responsive records be provided electronically, if available, and included in the public record for this agenda item. Thank you for your attention to this request. Please contact me if clarification is required. Respectfully, Elizabeth Hartman t: 770-344-9236 Sent from my iPhone misspellings and all... 139126 1/13/2026 Project Description HUNTINGTON CLUB The New Tennis Clubhouse/Jr. Olympic Pool/Bungalows & Lofts VISION 1. A joint effort of the Golf and Tennis Clubs to create a world-class health and wellness center at The Huntington Club. 2. Replace the existing Tennis Clubhouse with a new Tennis Clubhouse that will consist of a Member’s Lounge, a Pro Shop, and a state-of-the-art Fitness Center & Spa, including a Strength and Cardio facility, Yoga Pavilion, cutting-edge Performance Therapy, Spa Treatments, and Locker Rooms. 3. Create 4 Bungalows & 2 Lofts, all with small kitchens, for Golf and Tennis members and guests of members. The 4 Bungalows are small stand-alone structures resembling casitas, while the 2 Lofts are located on the second story of the new Tennis Clubhouse. 4. Replace the existing pool with a new Junior Olympic pool, adjacent cabanas, and a jacuzzi. 5. Continue the vision of complimentary California coastal architectural styles and appropriate related building materials incorporated into those various architectural styles. 1 127 □ 1/13/2026 Project Description PROJECT DESCRIPTION The Huntington Club’s 143-acres are currently comprised of the existing Golf Club and Tennis Club facilities with zoning and General Plan designations of “Recreational Open Space.” The proposed project consists of a new two-story, 11,733 square foot Tennis Clubhouse, 4 stand-alone casitas referred to as Bungalows, and a new Junior Olympic sized swimming pool, complete with a jacuzzi and cabanas, all situated on the Tennis portion of the Club, which is also its own separate 5.49-acre parcel. The first story of the new Tennis Clubhouse is 7,540 square feet and will include a Fitness Center & Spa, Men’s and Women’s Locker Rooms, Yoga Pavilion, Performance Therapy, a Member’s Lounge, and a Pro Shop. The second story will contain 2 Lofts, which will serve as short-term overnight accommodations. One of the Lofts is a 3,035 square foot three-bedroom unit, while the other Loft is a 1,157 square foot one-bedroom unit. The 4 Bungalows are named Ojai, Casa Palmero, Rancho Valencia, and Mayacama. Ojai is a 797 square foot one-bedroom unit, Casa Palmero is an 826 square foot one-bedroom unit, Rancho Valencia is a 1,578 square foot two- bedroom unit, and Mayacama is 1,809 square foot three-bedroom unit with a 568 square foot outdoor great room. Like the Lofts, the Bungalows are designed for short-term overnight accommodations. A short-term rental, as intended in this project’s specific use and defined by Governmental Online Services (GovOS.com), is any stay less than a month. 2 128 □ 1/13/2026 Project Description The Bungalows & Lofts (6 total) are for Members and guests of Members. The Huntington Club already hosts weddings, golf tournaments and tennis tournaments, among other events. These events can range in size from 4-150 attendees. Since there is already on average an event every other day, including every weekend, there is no anticipated increase in the number or size of the events. The goal of the Bungalows & Lofts is to allow Members and their families the ability to stay on site of the event they are attending and in close proximity to the other family they may have in SeaCliff, rather than stay off property at the Hyatt or Kimpton Hotels in Huntington Beach or even out of the City entirely. The Bungalows & Lofts would allow the Club to capture additional revenue from events that are already being hosted on site and would improve upon an existing recreation facility by adding additional amenities and additional opportunity for visitors to enjoy the site beyond just single-day experiences. The Bungalows & Lofts are projected to have an average occupancy rate of 50%. We recently obtained approval for a similar project at Spanish Hills Club in Camarillo, where we have the same Tenant, Travis Brasher and Camaraderie Clubs, as we do at The Huntington Club. This exact same idea can also be found at some of the most prestigious golf clubs in the world, like Augusta, where the Masters are played. There are an additional 33 parking spaces in the proposed Project and all parking is in common with The Huntington Club, which already has 295 parking spaces. In order to ensure there is limited noise during nighttime hours, the Project will post signage restricting visitors congregating outside of the Bungalows during 129 1/13/2026 Project Description nighttime hours. Additionally, personnel will be available to enforce the quiet hours and patrol the property. Lastly, the site has been designed such that the parking past the newly relocated sliding gate will not be able to be accessed during quiet hours by anyone other than guests of the Bungalows and Lofts, thus minimizing any parking lot noise associated with the project near surrounding residences. Therefore, the project will not generate a significant noise increase to surrounding noise sensitive uses. The approved and the proposed Project are consistent with and supportive of the policies and goals of the Land Use Element of the General Plan and Local Coastal Plan. The intent of this application is not to make the Huntington Club into a resort. The use will remain a Member’s Only Club as it is today. It is also anticipated that the new components introduced by the proposed Project will fall under the greater umbrella and operation of the Huntington Club. 130 1/13/2026 Project Description BENEFITS TO CITY 1. Generates approximately $500,000 of annual tax revenue to the City, which will likely grow significantly over the years. 2. Stimulates additional revenue for Huntington Beach merchants. 3. Preserves and enhances the iconic Club with much-needed new amenities like the Pool and Fitness Center & Spa and increases the Club’s appeal to families and out of town Members. 4. Enhances visual aesthetic of the Club and surrounding residences, increasing the desirability of the area and property values. 5. Implements the vision of the General Plan. 3 131 □ ATTACHMENT NO. 9 The Class 32 Exemption Justification can be found here: https://www.huntingtonbeachca.gov/business_detail_ T9_R680.php 132 VICINITY MAP CONDITIONAL USE PERMIT NO. 22-011/COASTAL DEVELOPMENT PERMIT NO. 22-009 (HUNTINGTON CLUB REMODEL AND BUNGALOWS) PROJECT AREA 133 I INJ>WIA.POUS I • A11ANTA • IA!OONG I I Department of Community Development Office: (714) 536 – 5271 | 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov January 5, 2026 Jonathan Bailey Golf Realty Fund 1 Upper Newport Plaza Newport Beach, CA 92660 SUBJECT: CONDITIONAL USE PERMIT NO. 22-011/COASTAL DEVELOPMENT PERMIT NO. 22-009 (HUNTINGTON CLUB REMODEL AND BUNGALOWS) Dear Jonathan, In order to assist you with your development proposal, staff has reviewed the project and identified applicable city policies, standard plans, and development and use requirements, excerpted from the City of Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes. This list is intended to help you through the permitting process and various stages of project implementation. It should be noted that this requirement list is in addition to any “conditions of approval” adopted by the Planning Commission/City Council. Please note that if the design of your project or site conditions change, the list may also change. If you would like a clarification of any of these requirements, an explanation of the Huntington Beach Zoning & Subdivision Ordinance and Municipal Codes, or believe some of the items listed do not apply to your project, and/or you would like to discuss them in further detail, please contact me at (714) 547-1547 or via email at Joanna.Cortez@surfcity-hb.org and/or the respective source department as noted on the attached code requirements memos. Sincerely, Joanna Cortez Principal Planner c: Ricky Ramos, Planning Manager Steve Boghart, Public Works Dept. Mehdi Taheri, Building Division Jacob Worthy, Fire Dept. 134 CITY OF r. HUNTINGTON BEACH CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: DECEMBER 6, 2025 PROJECT NAME: HUNTINGTON CLUB REMODEL AND BUNGALOWS PLANNING APPLICATION NO.: PLANNING APPLICATION NO. 22-059 ENTITLEMENTS: CONDITIONAL USE PERMIT NO. 22-011 AND COASTAL DEVELOPMENT PERMIT NO. 22-009 DATE OF PLANS: NOVEMBER 6, 2025 PROJECT LOCATION: 6501 PALM AVE., 92648 NORTH SIDE OF PALM AVE., BETWEEN GOLDENWEST ST. AND SEAPOINT ST.) PROJECT PLANNER: JOANNA CORTEZ, PRINCIPAL PLANNER PLAN REVIEWER: TELEPHONE/E-MAIL: (714) 374-1547/ joanna.cortez@surfcity-hb.org PROJECT DESCRIPTION: TO REMODEL AN EXISITNG PRIVATE GOLF AND TENNIS CLUB FACILITY INCLUDING REMOVING AND REPLACING A SWIMMING POOL, TWO-STORY TENNIS CLUBHOUSE AND ADD FOUR DETACHED BUNGALOWS AND TWO LOFT ON THE SECOND FLOOR OF THE REMODLED CLUNHOUSE FOR LODING FOR CLUB MEMBERS. The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. 1. The site plan, floor plans, and elevations approved by the Planning Commission shall be the conceptually approved design. 2. Prior to issuance of grading permits, the following shall be completed: a. A Landscape and Irrigation Plan, prepared by a Licensed Landscape Architect shall be submitted to the Community Development Department for review and approval. (HBZSO Section 232.04) b. “Smart irrigation controllers” and/or other innovative means to reduce the quantity of runoff shall be installed. (HBZSO Section 232.04.D) c. Standard landscape code requirements apply. (HBZSO Chapter 232) 135 HUNTINGTON BEACH Page 2 of 4 d. All landscape planting, irrigation and maintenance shall comply with the City Arboricultural and Landscape Standards and Specifications. (HBZSO Section 232.04.B) e. Landscaping plans should utilize native, drought-tolerant landscape materials where appropriate and feasible. (HBZSO Section 232.06.A) f. A Consulting Arborist (approved by the City Landscape Architect) shall review the final landscape tree-planting plan and approve in writing the selection and locations proposed for new trees. Said Arborist signature shall be incorporated onto the Landscape Architect’s plans and shall include the Arborist’s name, certificate number and the Arborist’s wet signature on the final plan. (Resolution No. 4545) g. Existing mature trees that are to be removed must be replaced at a 2 for 1 ratio with a 36” box tree or palm equivalent (13’-14’ of trunk height for Queen Palms and 8’-9’ of brown trunk). (CEQA Categorical Exemption Section 15304) h. In order to comply with the Migratory Bird Treaty Act (MBTA), the Project Applicant/Contractor shall conduct pre-construction nesting bird surveys three days prior to vegetation removal during the nesting bird season (February 1 through August 31). 3. Prior to submittal for building permits, the following shall be completed: a. A minimum of 14 days prior to submittal for building permits, an application for address assignment, along with the corresponding application processing fee and applicable plans (as specified in the address assignment application form), shall be submitted to the Community Development Department. (City Specification No. 409) 4. Prior to issuance of building permits, the following shall be completed: a. All new commercial and industrial development and all new residential development not covered by Chapter 254 of the Huntington Beach Zoning and Subdivision Ordinance, except for mobile home parks, shall pay a park fee, pursuant to the provisions of HBZSO Section 230.20 – Payment of Park Fee. The fees shall be paid and calculated according to a schedule adopted by City Council resolution. (City of Huntington Beach Community Development Department Fee Schedule) 5. During demolition, grading, site development, and/or construction, the following shall be adhered to: a. All Huntington Beach Zoning and Subdivision Ordinance and Municipal Code requirements including the Noise Ordinance. All activities including truck deliveries associated with construction, grading, remodeling, or repair shall be limited to Monday - Saturday 7:00 AM to 7:00 PM. Such activities are prohibited Sundays and Federal holidays. (HBMC 8.40.090) 6. The use shall comply with the following: a. All activities or uses shall comply with Exterior Noise Standards of Chapter 8.40 of the Municipal Code (HBMC 8.40.50) b. Parking lot striping shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (HBZSO Chapter 231) 136 Page 3 of 4 c. The site plan shall include all utility apparatus, such as but not limited to, backflow devices and Edison transformers. Utility meters shall be screened from view from public right-of-ways. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Backflow prevention devices shall be not be located in the front yard setback and shall be screened from view. (HBZSO Section 230.76) d. All exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback a minimum of 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing proposed screening must be submitted for review and approval with the application for building permit(s). (HBZSO Section 230.76) e. The site plan and elevations shall include the location of all gas meters, water meters, electrical panels, air conditioning units, mailboxes (as approved by the United States Postal Service), and similar items. If located on a building, they shall be architecturally integrated with the design of the building, non-obtrusive, not interfere with sidewalk areas and comply with required setbacks. (HBZSO Section 230.76) f. All parking area lighting shall be energy efficient and designed so as not to produce glare on adjacent residential properties. Security lighting shall be provided in areas accessible to the public during nighttime hours, and such lighting shall be on a time-clock or photo-sensor system. (HBZSO 231.18.C) g. Bicycle parking facilities shall be provided in accordance with the provisions of HBZSO Section 231.20 – Bicycle Parking. (HBZSO Section 231.20) h. A Certificate of Occupancy must be approved by the Community Development Department. (HBMC 17.04.036) i. Signage shall be reviewed and approved under separate permits. (HBZSO Chapter 233) j. All permanent, temporary, or promotional signs shall conform to Chapter 233 of the HBZSO. Prior to installing any new signs, changing sign faces, or installing promotional signs, applicable permit(s) shall be obtained from the Community Development Department. Violations of this ordinance requirement may result in permit revocation, recovery of code enforcement costs, and removal of installed signs. (HBZSO Chapter 233) k. Outdoor storage and display of merchandise, materials, or equipment shall be subject to approval of Conditional Use Permit. (HBZSO Section 230.74) l. Complete all improvements as shown on the approved grading, landscape and improvement plans. (HBMC 17.05) 7. Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009 shall become null and void unless exercised within two (2) years of the date of final approval which is January 27, 2028. An extension of time may be granted by the Community Development Director pursuant to a written request submitted to the Planning Division a minimum 60 days prior to the expiration date. (HBZSO Section 251.14 and 251.16) 137 Page 4 of 4 8. The (development/subdivision) shall comply with all applicable requirements of the Municipal Code, Community Development Department, and Fire Department, as well as all applicable local, State and Federal Codes, Ordinances and standards, except as noted herein. (City Charter, Article V) 9. The project shall comply with all applicable requirements of the Municipal Code, Community Development Department and Fire Department, as well as applicable local, State and Federal Fire Codes, Ordinances, and standards, except as noted herein. (City Charter, Article V) 10. The applicant shall submit a check in the amount of $50 for the posting of a Notice of Determination at the County of Orange Clerk’s Office. The check shall be made out to the County of Orange and submitted to the Planning Division within two (2) days of the City Council’s action. (California Code Section 15094) 11. All landscaping shall be maintained in a neat and clean manner, and in conformance with the HBZSO. Prior to removing or replacing any landscaped areas, check with the Departments of Community Development and Public Works for Code requirements. Substantial changes may require approval by the Planning Commission. (HBZSO Section 232.04) 138 CITY OF HUNTINGTON BEACH PROJECT IMPLEMENTATION CODE REQUIREMENTS DATE: 03/26/2025 PROJECT NAME: Health and wellness center PLANNING APPLICATION NO.: PA-2022-0059 ENTITLEMENTS: PROJECT LOCATION: Huntington Beach, CA 92648 PLAN REVIEWER: Mehdi Taheri, PE, PhD TELEPHONE/E-MAIL: (714) 374-1538 / Mehdi.Taheri@surfcity-hb.org The following is a list of code requirements deemed applicable to the proposed project based on plans stated above. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. ➢REQUIREMENT: 1.Development Impact Fees will be required for new construction and commercial/industrial additions. 2.Submit separate plans for all disciplines. If hard copies are submitted, please provide Building 3 sets and MEP 2 sets each 3.Landscape plan is a separate submittal for irrigation and plants only. No accessory structures or flat work will be reviewed on the landscape plans. 4.All site work for accessibility will be reviewed and inspected based on the approved architectural plans. 5.All accessory and minor accessory structures including site MEP will be on separate permits. ➢CODE REQUIREMENTS BASED ON PLANS & DRAWINGS SUBMITTED: 1.Project shall comply with the current State building codes adopted by the City at the time of permit application submittal. Currently they are the 2022 California Building Code (CBC), 2022 California Mechanical Code, 2022 California Plumbing Code, 2022 California Electrical Code, 2022 California Energy Code, 2022 California Green Building Standards 139 HUNTINGTON BEACH Page 2 of 3 Code, and the Huntington Beach Municipal Code (HBMC). Compliance to all applicable state and local codes is required prior to issuance of building permit. 2. Provide all project implementation code requirements and conditions of approval on the approved building plans 3. Project shall comply with the requirements of 2022 CBC for type of construction, allowable area, height, number of stories, occupancy group requirements, exterior wall ratings, and means of egress per the 2022 CBC. 4. Review and provide compliance with Title 17 of the City of Huntington Beach Municipal Code, Building and Construction. This document can be found online at the city’s website. 5. For projects that will include multiple licensed professions in multiple disciplines, i.e. Architect and professional engineers for specific disciplines, a Design Professional in Responsible Charge will be requested per the 2022 CBC, Section 107.3.4. 6. In addition to all of the code requirements of the 2022 California Green Building Standards Code, specifically address Construction Waste Management per Sections 4.408.2, 4.408.3, 4.408.4, 5.408.1.1, 5.408.1.2, 5.408.1.3 and Building Maintenance and Operation, Section 5.410. Prior to the issuance of a building permit, the permitee will be required to describe how they will comply with the sections described above. Prior t o Building Final Approval, the City will require a Waste Diversion Report per Sections 4.408.5 and 5.408.1.4. 7. The City of Huntington Beach has adopted the 2022 California Green Building Standards Code entirely. Please review Sections 4.106.4.1 for Electric Vehicle (EV) Charging for New Construction, and 5.106.5.3 Electric Vehicle (EV) Charging. 8. The City of Huntington Beach has adopted the 2022 California Green Building Standards Code including section 301.1.1 where all non-compliant fixtures shall be replaced with water conserving fixtures as described in section 403.3.1. Non-compliant fixtures are defined in section 1101.3(c) of the California Civil Code. 9. Where applicable, provide short term and long term bicycle parking spaces (anchored bicycle racks within 200 feet of the visitor’s entrance, readily visible to passers-by) [CGBC 5.106.4.1.1 & 5.106.4.1.2 & 5.106.4.1.3]. 10. Project must comply with the requirements of 2022 CBC, Chapter 11A and/or 11B for disabled accessibility. A Certified Access Specialist (CASp) report is recommended and shall be incorporated onto the plans. 11. Complete and provide on the Building Plans the City of Huntington Beach Accessibility Unreasonable Hardship Request Forms (Form A and Form B), based on valuation of the job both forms may be required. The provisions of Section 11B-202.4 Exception 8, apply to existing buildings or facilities used as public buildings, public accommodations, commercial buildings or public housing. When these buildings or facilities undergo alterations, structural repairs, or additions, an accessible path of travel must be provided to the specific area of construction. 12. Minimum required plumbing fixture is per 2022 California Plumbing Code Section 422.1: Which includes number of required water closets, lavatories, urinals, service sinks, and drinking fountains. The total occupant load and occupancy classification shall be determined in accordance with the California Building Code. See 2022 CBC Section 1004 for occupant load calculation. 140 Page 3 of 3 13. Each building or structure shall be provided with toilet facilities for employees and customers. Requirements for customers and employees shall be permitted to be met with a single set of restrooms accessible to both groups (CPC 422.4). 14. Exiting Plan & Analysis: Plans should include an occupant load analysis on the plans and provide an “Exit Plan” to show a clear and dimensioned Means of Egress system that provides a continuous, unobstructed exit from any occupied point in the building to a public way. 15. Fire-rated Construction: Plans should clearly identify the locations of the Fire Areas, Fire Walls, Fire Barriers, Fire Partitions, and all Occupancy separations. Provide complete legends and details on the plans. 16. Third party inspection by an independent certified deputy inspector for fire-stopping, fire- resistant. 17. If number of existing parking counts changes between previously approved and proposed plans, a minimum number of parking spaces complying with Section 11B-502 shall be provided in accordance with Table 11B-208.2 (11B-208.2). Accessible parking spaces must meet parking spaces requirements of CBC Chapter 11B. 18. Geotechnical investigation and soils report are required. 141 C I T Y O F H U N T I N G T O N B E A C H P U B L I C W O R K S I N T E R D E P A R T M E N T A L C O M M U N I C A T I O N PR O J E C T I M P L E M E N T A T I O N CO D E RE Q U I R E M E N T S DA T E : DE C E M B E R 4 , 2 0 2 5 PR O J E C T N A M E : HU N T I N G T O N C L U B NE W C L U B H O U S E A N D B U N G A L O W S EN T I T L E M E N T S : CU P 2 0 2 2 -01 1 , C D P 2 0 2 2 -00 9 PL N G A P P L I C A T I O N N O . PA -20 2 2 -00 5 9 DA T E O F P L A N S : OC T O B E R 6, 2 0 2 5 PR O J E C T LO C A T I O N : 65 0 1 P A L M A V E NU E PR O J E C T PL A N NE R : JO A N N A C O R T E Z , PR I N C I P A L PL A N N E R PL A N R E V I E W E R : ST E V E B O G A R T , S E N I O R C I V I L E N G I N E E R TE L E P H O N E / E -MA I L : 71 4 -37 4 -16 9 2 / SB O G A R T @ S U R F C I T Y -HB . O R G PR O J E C T D E S C R I P T I O N : RE M O D E L A N E X I S T I N G C O M M E R C I A L R E C R E A T I O N A N D EN T E R T A I N M E N T U S E A N D C O N S T R U C T A N E W T H R E E -ST O R Y FI T N E S S C E N T E R W I T H L O F T S AB O V E T H E G R O U N D F L O O R , F OU R DE T A C H E D B U N G A L O W U N I T S AN D A NE W P O O L A T A N E X I S T I N G ME M B E R S H I P C O U N T R Y C L U B Th e fo l l o w i n g is a li s t of co d e r e q u i r e m e n t s de e m e d ap p l i c a b l e t o t h e p r o p o s e d p r o j e c t ba s e d o n p l a n s as st a t e d a b o v e . Th e i t e m s b e l o w a r e t o m e e t t h e Ci t y o f H u n t i n g t o n B e a c h ’s M u n i c i p a l C o d e ( H B M C ) , Z o n i n g an d S u b d i v i s i o n O r d i n a n c e ( Z S O ) , D e p a r t m e n t o f P u b l i c W o r k s S t a n d a r d P l a n s ( C i v i l , W a t e r a n d La n d s c a p i n g ) a n d t h e A m e r i c a n P u b l i c W o r k s A s s o c i a t i o n ( A P W A ) S t a n d a r d s S p e c i f i c a t i o n s f o r P u b l i c Wo r k s C o n s t r u c t i o n ( G r e e n B o o k ) , an d th e O r a n g e C o u n t y D r a i n a g e A r e a m a n a g e m e n t P l a n ( D A M P ) . Th e l i s t is i n t e n d e d t o a s s i s t t h e a p p l i c a n t b y i d e n t i f y i n g re q u i r e m e n t s wh i c h sh a l l be s a t i s f i e d d u r i n g t h e va r i o u s s t a g e s o f p r o j e c t pe r m i t t i n g , i m p l e m e n t a t i o n an d co n s t r u c ti o n . I f y o u h a v e a ny q u e s t i o n s r e g a r d i n g th e s e r e q u i r e m e n t s , p l e as e c o n t a c t t h e Pl a n Re v i e w e r or P r o j e c t P l a n n e r . TH E F O L L O W I N G D E V E L O P M E N T R E Q U I R E M E N T S S H A L L B E C O M P L E T E D P R I O R T O IS S U A N C E O F A G R A D I N G P E R M I T : 1. A P r e c i s e G r a d i n g P l a n , p r e p a r e d b y a L i c e n s e d C i v i l E n g i n e e r , s h a l l b e s u b m i t t e d t o t h e P u b l i c Wo r k s D e p a r t m e n t f o r r e v i e w a n d ap p r o v a l . (M C 1 7 . 0 5 / Z S O 2 3 0 . 8 4 ) Th e p l a n s s h a l l c o m p l y w i t h Pu b l i c W o r k s p l a n p r e p a r a t i o n g u i d e l i n e s a n d i n c l u d e t h e f o l l o w i n g i m p r o v e m e n t s o n t h e p l a n : a. Re c o n s t r u c t i o n o f t h e ex i s t i n g cu r b r a m p s a t t h e c l u b ’s m a i n dr i v e w a y on P a l m A v e nu e to cu r r e n t A D A s t a n d a r d s , per C a l t r a n s S t a n d a r d P l a n A 8 8 A . (Z S O 2 3 0 . 8 4 , A D A ) b. Re c o n s t r u c t i o n o f t h e da m a g e d c r o s s g u t t e r at t h e c l u b ’s m a i n dr i v e w a y on Pa l m A v e , pe r C it y St a n d a r d P l a n 20 5 . (Z S O 2 3 0 . 8 4 , A D A ) c. Th e e x i s t i n g s e w e r l a t e r a l m a y p o t e n t i a l l y b e u t i l i z e d i f i t i s o f a d e q u a t e s i z e , c o n f o r m s t o c u r r e n t Pu b l i c W o r k s S t a n d a r d s a n d i s d e t e r m i n e d t o b e i n s e r v i c e a b l e c o n d i t i o n b y s u b m i t t i n g a v i d e o of t h e ex i s t i n g l a t e r a l ( t o t h e C i t y P u b l i c W o r k s D e p a r t m e n t f o r r e v i e w ) . If t h e s e w e r i s 14 2 ~ ~ 6501 Palm Avenue (CUP 22-011 / CDP 22-009) – PW Development Requirements Page 2 of 5 determined to be inadequate, a new sewer lateral shall be installed, connecting to the existing City sewer main in Palm Avenue, per Public Works Standards. (ZSO 230.84) d. The existing domestic water services currently serving the existing development may potentially be utilized if they are of adequate size, conform to current standards, and are in working condition as determined by the Water Inspector. If the property owner elects to utilize the existing water service), any non-conforming water services, meters, and backflow protection devices shall be upgraded to conform to the current Water Division Standards. Alternatively, new separate domestic water services, meters and backflow protection devices may be installed per Water Division Standards and shall be sized to meet the minimum requirements set by the California Plumbing Code (CPC) and Uniform Fire Code (UFC) (ZSO 230.84) 2. A Hydrology and Hydraulics Report shall be submitted for Public Works review and approval (10, 25, and 100-year storms shall be analyzed). The drainage improvements shall be designed and constructed as required by the Department of Public Works to mitigate impact of increased runoff due to development, or deficient, downstream systems. Design of all necessary drainage improvements shall provide mitigation for all rainfall event frequencies up to a 100-year frequency. The Hydrology and Hydraulic Report shall include, but not be limited to facilities sizing, limits of attenuation, downstream impacts and other related design features. Runoff shall be limited to existing 25-year flows, which must be established in the hydrology study. If the analyses shows that the City’s current drainage system cannot meet the volume needs of the project runoff, the developer shall be required to attenuate site runoff to an amount not to exceed the existing 25-year storm as determined by the hydrology study. As an option, the developer may choose to explore low-flow design alternatives, onsite attenuation or detention, or upgrade the City’s storm water system to accommodate the impacts of the new development, at no cost to the City. (ZSO 230.84) 3. Prior to the issuance of any grading or building permits for projects that will result in soil disturbance of one or more acres of land, the applicant shall demonstrate that coverage has been obtained under the Waste Discharge Requirements for Discharges of Storm Water Runoff Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ) [General Construction Permit] by providing a copy of the Notice of Intent (NOI) submitted to the State of California Water Resources Control Board and a copy of the subsequent notification of the issuance of a Waste Discharge Identification (WDID) Number. Projects subject to this requirement shall prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) conforming to the current National Pollution Discharge Elimination System (NPDES) requirements shall be submitted to the Department of Public Works for review and acceptance. A copy of the current SWPPP shall be kept at the project site and another copy to be submitted to the City. (DAMP) 4. A Project Water Quality Management Plan (WQMP) conforming to the current Waste Discharge Requirements Permit for the County of Orange (Order No. R8-2009-0030) [MS4 Permit] prepared by a Licensed Civil Engineer, shall be submitted to the Department of Public Works for review and acceptance. The WQMP shall address Section XII of the MS4 Permit and all current surface water quality issues. 5. The project WQMP shall include the following: a. Discusses regional or watershed programs (if applicable). b. Addresses Site Design BMPs (as applicable) such as minimizing impervious areas, maximizing permeability, minimizing directly connected impervious areas, creating reduced or “zero discharge” areas, and conserving natural areas. c. Identifies selected Low Impact Development (LID) and Hydromodification (as applicable) BMPS. 143 6501 Palm Avenue (CUP 22-011 / CDP 22-009) – PW Development Requirements Page 3 of 5 d. Incorporates the Guidelines for Use of Drywells in Stormwater Management Applications (if applicable). e. Incorporates the applicable Routine Source and Structural Control BMPs as defined in the Drainage Area Management Plan. ( DAMP) f. Incorporates GIS or GPS coordinates for all structural and LID BMPs. g. Describes the long-term operation and maintenance requirements for the Structural and Treatment Control BMPs, including maintenance of BMPs as shown on the landscape plans and are described in the WQMP. h. Identifies the entity that will be responsible for long-term operation, maintenance, repair and/or replacement of the Structural and Treatment Control BMPs. i. Describes the mechanism for funding the long-term operation and maintenance of all the Structural and Treatment Control BMPs. j. Includes an Operations and Maintenance (O&M) Plan for all structural and Treatment Control BMPs including anticipated maintenance costs. k. Vector Control Clearance letter from the Orange County Vector Control stating that they have reviewed the project WQMP and proposed BMPs. l. After incorporating plan check comments of Public Works, three final WQMPs (signed by the owner and the Registered Civil Engineer of record) shall be submitted to Public Works for acceptance. After acceptance, two copies of the final report shall be returned to applicant for the production of a single complete electronic copy of the accepted version of the WQMP on CD media that includes: i. The 11” by 17” Site Plan in .TIFF format (400 by 400 dpi minimum). ii. The remainder of the complete WQMP in .PDF format including the signed and stamped title sheet, owner’s certification sheet, Inspection/Maintenance Responsibility sheet, appendices, attachments and all educational material. m. The applicant shall return one CD media (with a copy of the approved WQMP) to Public Works for the project record file. 6. Indicate the type and location of Water Quality Treatment Control Best Management Practices (BMPs) on the Grading Plan consistent with the Project WQMP. The WQMP shall follow the City of Huntington Beach; Project Water Quality Management Plan Preparation Guidance Manual dated June 2008. The WQMP shall be submitted with the first submittal of the Grading Plan. 7. A suitable location, as approved by the City, shall be depicted on the grading plan for the necessary trash enclosure(s). The area shall be paved with an impervious surface, designed not to allow run-on from adjoining areas, designed to divert drainage from adjoining roofs and pavements diverted around the area, and screened or walled to prevent off-site transport of trash. The trash enclosure area shall be covered or roofed with a solid, impervious material. Connection of trash area drains into the storm drain system is prohibited. (DAMP) 8. The development project shall include adequate, accessible, and convenient areas for collecting and loading recyclable materials. Dimensions of trash/recycling enclosure shall accommodate receptacles sufficient to meet the recycling needs of the tenants/occupants, employees, contractors, and customers. Identify on plan where trash collection service will be provided. Provide trash enclosure space to accommodate a sufficient number of commercial dumpsters (82 X 42) for trash, for recycling and for food waste/organics to service all building occupants. Depending on configuration, allow 36-in. between containers if users must walk between bins to deposit refuse. 144 6501 Palm Avenue (CUP 22-011 / CDP 22-009) – PW Development Requirements Page 4 of 5 Allow a minimum of 6-in clearance between containers and enclosure walls. Trash chutes should not be used for food waste/organics. (CA Pub Res Code § 42905, § 42911 (2023)) (HBMC 8.21.175, 8.22.030) (14 CCR 18982) 9. A soils report, prepared by a Licensed Engineer shall be submitted for reference only. (MC 17.05.150) 10. The applicant’s grading/erosion control plan shall abide by the provisions of AQMD’s Rule 403 as related to fugitive dust control. (AQMD Rule 403) 11. The name and phone number of an on-site field supervisor hired by the developer shall be submitted to the Planning and Public Works Departments. In addition, clearly visible signs shall be posted on the perimeter of the site every 250 feet indicating who shall be contacted for information regarding this development and any construction/grading-related concerns. This contact person shall be available immediately to address any concerns or issues raised by adjacent property owners during the construction activity. That person will be responsible for ensuring compliance with the conditions herein, specifically, grading activities, truck routes, construction hours, noise, etc. Signs shall include the applicant’s contact number, regarding grading and construction activities, and “1-800-CUTSMOG” in the event there are concerns regarding fugitive dust and compliance with AQMD Rule No. 403. 12. The applicant shall notify all property owners and tenants within 300 feet of the perimeter of the property of a tentative grading schedule at least 30 days prior to such grading. THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLIED WITH DURING GRADING OPERATIONS: 13. An Encroachment Permit is required for all work within the City’s right-of-way. (MC 12.38.010/MC 14.36.030) 14. The developer shall coordinate the development of a truck haul route with the Department of Public Works if the import or export of material in excess of 5000 cubic yards is required. This plan shall include the approximate number of truck trips and the proposed truck haul routes. It shall specify the hours in which transport activities can occur and methods to mitigate construction-related impacts to adjacent residents. These plans must be submitted for approval to the Department of Public Works. (MC 17.05.210) 15. Water trucks will be utilized on the site and shall be available to be used throughout the day during site grading to keep the soil damp enough to prevent dust being raised by the operations. (California Stormwater BMP Handbook, Construction Wind Erosion WE-1) 16. All haul trucks shall arrive at the site no earlier than 8:00 a.m. or leave the site no later than 5:00 p.m., and shall be limited to Monday through Friday only. (MC 17.05) 17. Wet down the areas that are to be graded or that is being graded, in the late morning and after work is completed for the day. (WE-1/MC 17.05) 18. The construction disturbance area shall be kept as small as possible. (California Stormwater BMP Handbook, Construction Erosion Control EC-1) (DAMP) 19. All haul trucks shall be covered or have water applied to the exposed surface prior to leaving the site to prevent dust from impacting the surrounding areas. (DAMP) 20. Prior to leaving the site, all haul trucks shall be washed off on-site on a gravel surface to prevent dirt and dust from leaving the site and impacting public streets. (DAMP) 21. Comply with appropriate sections of AQMD Rule 403, particularly to minimize fugitive dust and noise to surrounding areas. (AQMD Rule 403) 145 6501 Palm Avenue (CUP 22-011 / CDP 22-009) – PW Development Requirements Page 5 of 5 22. Wind barriers shall be installed along the perimeter of the site. (DAMP) 23. All construction materials, wastes, grading or demolition debris and stockpiles of soils, aggregates, soil amendments, etc. shall be properly covered, stored and secured to prevent transport into surface or ground waters by wind, rain, tracking, tidal erosion or dispersion. (DAMP) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO ISSUANCE OF A BUILDING PERMIT: 24. A Precise Grading Permit shall be issued. (MC 17.05) 25. A drainage fee for the subject development shall be paid at the rate applicable at the time of Building Permit issuance. The current rate of $16,798.73 per gross acre is subject to periodic adjustments. This project consists of 6.364 gross acres (including its tributary area portions along the half street frontages) for a total required drainage fee of $106,907.12. City records indicate the previous use on this property never paid this required fee. Per provisions of the City Municipal Code, this one-time fee shall be paid for all subdivisions or development of land. (MC 14.48) 26. The applicable Orange County Sanitation District Capital Facility Capacity Charge shall be paid to the City Department of Public Works. (Ordinance OCSD-57) THE FOLLOWING DEVELOPMENT REQUIREMENTS SHALL BE COMPLETED PRIOR TO FINAL INSPECTION OR OCCUPANCY: 27. Complete all improvements as shown on the approved grading improvement plans. (MC 17.05) 28. All new utilities shall be undergrounded. (MC 17.64) 29. All applicable Public Works fees shall be paid at the current rate unless otherwise stated, per the Public Works Fee Schedule adopted by the City Council and available on the city web site at http://www.surfcity-hb.org/files/users/public_works/fee_schedule.pdf. (ZSO 240.06/ZSO 250.16) 30. Prior to grading or building permit close-out and/or the issuance of a certificate of use or a certificate of occupancy, the applicant shall: a. Demonstrate that all structural Best Management Practices (BMPs) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. b. Demonstrate all drainage courses, pipes, gutters, basins, etc. are clean and properly constructed. c. Demonstrate that applicant is prepared to implement all non-structural BMPs described in the Project WQMP. d. Provide certifications from the Engineer of Record or Landscape Architect that the LID BMPs were constructed and installed per the approved project plans and specifications. The certifications shall be included in the final WQMP. e. Demonstrate that an adequate number of copies of the approved Project WQMP are available for the future occupiers. f. Demonstrate that the preparer of the WQMP has reviewed the BMP maintenance requirements in Section V of the WQMP with the responsible person and that a copy of the WQMP has been provided to that person. A certification letter from the WQMP preparer may be used to satisfy this condition. 146 HUNTINGTON BEACH FIRE DEPARTMENT PLANNING COMMENTS DESCRIPTION: Request is to remodel an existing commercial recreation and entertainment use (The Huntington Club) and construct a new three- story fitness center with loft accommodations above the ground floor and four detached bungalow units. ADDRESS: 6495 Palm PA #: 2022-0059 DATE: 11/19/2025 REVIEWER: Jacob Worthy, Deputy Fire Marshal Jacob.Worthy@surfcity-hb.org The following is a list of code requirements deemed applicable to the proposed project based on the conceptual plans provided. The list is intended to assist the applicant by identifying requirements which must be satisfied during the various stages of project permitting and implementation. A list of conditions of approval adopted by the Planning Commission in conjunction with the requested entitlement(s), if any, will also be provided upon final project approval. If you have any questions regarding these requirements, please contact the Plan Reviewer. PRIOR TO DEMOLITION, GRADING, SITE DEVELOPMENT, ISSUANCE OF GRADING PERMITS, BUILDING PERMITS, AND/OR CONSTRUCTION, THE FOLLOWING SHALL BE REQUIRED: No Changes from comments provided May 2025. 1.Fire Master Plan The Fire Master Plan shall be completed and approved prior to precise grading plan or building plan approval. A separate Fire Master Plan is required for submittal to the HBFD. It shall be a site plan reflecting all the following fire department related items: ➢Fire hydrant locations, public and private. ➢FDC locations. ➢Dimensions from FDC’s to hydrants. ➢DCDA locations. ➢Fire sprinkler riser locations and location of system serving. ➢FACP locations. ➢Knox box and knox switch locations. ➢Gate locations, and opticoms if required. ➢Fire lane locations, dimensions, lengths, turning radii at corners and circles/cul- de-sacs ➢Fire lane signage and striping. ➢Property dimensions or accurate scale. ➢Building locations and heights. ➢Building addresses and suite addresses. (FD) 147 2. Environmental City Specification # 429 and 431-92 Soil Clean-Up Standards testing is required. Due to the site having a former oil wells is located less than 200 feet feet from the site, the HBFD will require soil testing conforming to City Specification # 429 and 431-92 Soil Clean-Up Standards is required. All soils shall conform to City Specification #429 and 431-92 Soil Clean-Up Standards prior to the issuance of a building permit. Building plans shall reference that “All soils shall conform to City Specification # 431-92 Soil Clean- Up Standards” in the plan notes. Discovery of soil contamination/pipelines, etc., must be reported to the Fire Department immediately and an approved remedial work plan submitted. (FD) Remediation Action Plan. If soil contamination is identified, the applicant must provide a Fire Department approved Remediation Action Plan (RAP) based on requirements found in Huntington Beach City Specification #431-92, Soil Cleanup Standard. Upon remediation action plan approval, a rough grading permit may be issued. (FD) Imported Soil Plan. All imported soil shall meet City Specification #431-92, Soil Cleanup Standards. An “Imported Soil Work Plan” must be submitted to the Fire Department for review and approval prior to importing any soil from off site. Once approved, the soil source can be sampled per the approved work plan, then results sent to the HBFD for review. No rough grade will be approved prior to the actual soil source approval. Multiple soil sources required separate sampling as per the approved work plan, with no soil being imported until each source has been verified to meet the CS #431-92 requirements. (FD) 3. Fire Apparatus Access The following items shall be completed prior to rough or precise grading plan approval. Fire Access Roads shall be provided and maintained in compliance with City Specification # 401, Minimum Standards for Fire Apparatus Access. Driving area shall be capable of supporting a fire apparatus (75,000 lbs and 12,000 lb point load). Minimum fire access road width is twenty-four feet (24’) wide, with thirteen feet six inches (13’ 6”) vertical clearance. Fire access roads fronting commercial buildings shall be a minimum width of twenty-six feet (26’) wide, with thirteen feet six inches (13’ 6”) vertical clearance. For Fire Department approval, reference and demonstrate compliance with City Specification # 401 Minimum Standards for Fire Apparatus Access on the plans. (FD) 148 HBFD Note: The proposed new drive aisle to access the bungalows appears to meet city spec 401. Maximum Grade for Fire Apparatus Access Roads shall not exceed 10%. (FD) No Parking shall be allowed in the designated 24 foot wide fire apparatus access road or supplemental fire access per City Specification # 415. For Fire Department approval, reference and demonstrate compliance with City Specification # 415 Minimum Standards for Fire Apparatus Access on the plans. (FD) Fire Lanes, as determined by the Fire Department, shall be posted, marked, and maintained per City Specification #415, Fire Lanes Signage and Markings on Private, Residential, Commercial and Industrial Properties. The site plan shall clearly identify all red fire lane curbs, both in location and length of run. The location of fire lane signs shall be depicted. No parking shall be allowed in the designated 24 foot wide fire apparatus access road or supplemental fire access per City Specification # 415. For Fire Department approval, reference and demonstrate compliance with City Specification # 401 Minimum Standards for Fire Apparatus Access on the plans. (FD) Hose Pull Lengths – The fire apparatus access road shall comply with the requirements of Section 503.1.1 of the Huntington Beach Fire Code. All access roads shall extend to within 150 feet 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. HBFD Note: Portions of the new proposed bungalows appear to be more than 150 feet from the proposed fire access road.If exceeding 150, but remaining below 200 feet, per 503.1.1 as adopted by HBFD, compliance will need to be shown with all require items. Architectural plans will need to show the hose pull distances. 4. Fire Suppression Systems The following items shall be completed prior to issuance of a certificate of occupancy. Fire Extinguishers shall be installed and located in all areas to comply with California Fire Code. The minimum required dry chemical fire extinguisher size is 2A 10BC and shall be installed within 75 feet travel distance to all portions of the building. Extinguishers are required to be serviced or replaced annually. (FD) Fire Alarm System is required. A building fire alarm system is required. For Fire Department approval, shop drawings shall be submitted to the Fire Department as separate plans for permits and approval. For Fire Department approval, reference and demonstrate compliance with CFC Chapter 9 and NFPA 72 on the plans. A C-10 electrical contractor, certified in fire alarm systems, must certify the system is operational annually. (FD) 149 Automatic Fire Sprinklers are required. NFPA13 Automatic fire sprinkler systems are required per Huntington Beach Fire Code for new buildings with “fire areas” 5000 square feet or more or for buildings 10,000 square feet or more. An addition of square footage to an existing building also triggers this requirement. Separate plans (two sets) shall be submitted to the Fire Department for permits and approval. Automatic fire sprinkler systems must be maintained operational at all times, with maintenance inspections performed quarterly and the system serviced every five years by a state licensed C-16 Fire Protection Contractor. For Fire Department approval, reference that a fire sprinkler system will be installed in compliance with the California Fire Code, NFPA 13, and City Specification # 420 - Automatic Fire Sprinkler Systems in the plan notes. NOTE: When buildings under construction are more than one (1) story in height and required to have automatic fire sprinklers, the fire sprinkler system shall be installed and operational to protect all floors lower than the floor currently under construction. Fire sprinkler systems for the current floor under construction shall be installed, in-service, inspected and approved prior to beginning construction on the next floor above. Exception: Buildings entirely of Type 1 or Type 2 construction. (FD) Fire Department Connections (FDC) to the automatic fire sprinkler systems shall be located to the front of the building, at least 10 feet from and no farther than 100 feet of a properly rated fire hydrant. (FD) Commercial Food Preparation Fire Protection System required for commercial cooking. Plans (three sets) shall be submitted to the Fire Department as separate plans for permits and approval. Reference compliance with CFC Chapter 9 and City Specification # 412 Protection Of Commercial Cooking Operations in the plan notes. (FD) Smoke alarms and Carbon Monoxide alarms are required per CBC and CFC Sections 907.2.11 and 915, respectively. Emergency Responder Radio Coverage is required throughout all portions of the structure(s) as per Chapter 5 of the CFC. A separate plan must be submitted to the HBFD for method of addressing this requirement. System must be tested, certified and then inspected once building construction is primarily complete but before the certificate of occupancy will be issued. (FD) 5. Fire Hydrants and Water Systems The following items shall be completed prior to issuance of a certificate of occupancy. 150 --- Fire Hydrant(s) are required. Hydrants must be portrayed on the site plan. Hydrants shall be installed and in service before combustible construction begins. Installation of hydrants and service mains shall meet NFPA 13 and 24, 2022 Edition, Huntington Beach Fire Code Appendix B and C, and City Specification # 407 Fire Hydrant Installation Standards requirements. Private fire hydrants shall not be pressurized by Fire Department Connections to the sprinkler system. The system design shall ensure that recirculation of pressurized water from the hydrant, thru the FDC and back through the sprinkler system supply to the hydrant does not occur. Installation of the private fire service main, including fire department connections, shall meet NFPA 13 and 24, 2022 Edition requirements. Maximum allowed velocity of fire flow in supply piping is 12 fps. The maintenance of private fire hydrants is the responsibility of the owner or facility association. Shop drawings shall be submitted to and approved by the Fire Department. For Fire Department approval, portray the fire hydrants and reference compliance with City Specification #407 Fire Hydrant Installation Standards in the plan notes. (FD) Note: The new area servicing the Bungalows would be the primary area in need of additional fire hydrant(s). Connection to the Public Water Supply - Separate plans shall be submitted to the Public Works Department detailing the connection, piping, valves and back-flow prevention assembly (DCDA) for approval and permits. Approval by Public Works and the Fire Department must be completed prior to issuance of a grading permit. The dedicated private fire water service off-site improvements shall be shown on a precise grading plan, prepared by a Licensed Civil Engineer. (FD) 6. Fire Personnel Access Main Secured Building Entries shall utilize a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. Please reference the Knox Box ordering Guide for how to purchase. Reference compliance with City Specification #403 - KNOX® Fire Department Access in the building plan notes. (FD) Fire Sprinkler System Controls access shall be provided, utilizing a KNOX® Fire Department Access Key Box, installed and in compliance with City Specification #403, Fire Access for Pedestrian or Vehicular Security Gates & Buildings. The approximate location of the system controls shall be noted on the plans. Reference compliance in the plan notes. (FD) Elevators shall be sized to accommodate an ambulance gurney. Minimum interior dimensions are 7 feet (84”) wide by 4 feet 3 inches (51”) deep. Minimum door opening dimensions are 3 feet 6 inches (42”) wide right or left side opening. Center opening doors require a 4 feet 6 inches (54”) width. For Fire Department approval, reference and demonstrate compliance on the building plans. (FD) 151 7. Addressing and Street Names The following items shall be completed prior to issuance of a certificate of occupancy. Structure or Building Address Assignments. The Planning Department shall review and make address assignments. The individual dwelling u nits shall be identified with numbers per City Specification # 409 Street Naming and Address Assignment Process. For Fire Department approval, reference compliance with City Specification #409 Street Naming and Address Assignment Process in the plan notes. (FD) 8. Building Construction The following items shall be completed prior to issuance of a certificate of occupancy. Emergency Responder Radio Coverage is required throughout all portions of the structure(s) as per Chapter 5 of the CFC. A separate plan must be submitted to the HBFD for method of addressing this requirement. System must be tested, certified and then inspected once building construction is primarily complete but before the certificate of occupancy will be issued. (FD) Emergency Escape and Rescue openings shall be demonstrated for residential occupancies meeting the requirements in CFC 1030. Stairwell Required Minimum Widths. Standpipe systems in stairwell areas shall not impede code required minimum widths. (FD) Fire Control Room required. Provide a dedicated room for the Fire Department to observe and monitor all systems operations from an integrated annunciator panel. They shall be located in an exterior location that is at grade level and has clear-to- the sky access. (FD) Exit Signs And Exit Path Markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Reference compliance in the plan notes. (FD) Gates and Barriers shall be able to open without the use of a key or any special knowledge or effort. Gates and barriers in a means of egress shall not be locked, chained, bolted, barred, latched or otherwise rendered un able to open at times when the building or area served by the means of egress is occupied, and shall swing in the direction of travel when required by the Building Code for exit doors. (FD) 152 Posting Of Room Occupancy is required. Any room having an occupant load of 50 or more where fixed seats are not installed, and which is used for assembly purposes, shall have the capacity of the room posted in a conspicuous place near the main exit per CFC Chapter 10. (FD) Egress Illumination/Emergency Exit Lighting with emergency back-up power is required. Provide means of egress illumination per CBC 1003.2.9. (FD) Exit Ways and Aisles Plan is required for this project.Plans shall be submitted indicating the seating arrangement, location and width of exit ways and aisles for approval and an approved copy of the plan shall be kept on display on the premises. (FD) THE FOLLOWING CONDITIONS SHALL BE MAINTAINED DURING CONSTRUCTION: a.Fire/Emergency Access and Site Safety shall be maintained during project construction phases in compliance with CFC Chapter 33, Fire Safety During Construction And Demolition. (FD) b.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. 17.56.450 (FD) OTHER: a.Discovery of additional soil contamination or underground pipelines, etc., must be reported to the Fire Department immediately and the approved work plan modified accordingly in compliance with City Specification #431-92 Soil Clean-Up Standards. (FD) b.Outside City Consultants: The Fire Department review of this project and subsequent plans may require the use of City consultants. The Huntington Beach City Council approved fee schedule allows the Fire Department to recover consultant fees from the applicant, developer or other responsible party. (FD) c.Please note that these comments are based on the limited, conceptual plans provided. There may be additional comments and requirements upon receipt of further information and/or at the time of full architectural plan submittal. Fire Department City Specifications may be obtained through the City’s website at: www.huntingtonbeachca.gov/hbfd-city-specifications If you have any questions, please contact the Fire Prevention Division at (714) 536-5411. 153 From: Villasenor, Jennifer Sent: Wednesday, March 4, 2026 10:37 AM To: Cortez, Joanna Subject: FW: Subject: Request for Continuance – Agenda Item 26-039 (January 27, 2026 PC Meeting) From: Scott Warren <warrendscott@gmail.com> Sent: Wednesday, March 4, 2026 10:35 AM To: Barnes, Lisa Lane <LisaLane.Barnes@surfcity-hb.org>; Villasenor, Jennifer <JVillasenor@surfcity- hb.org> Subject: Subject: Request for Continuance – Agenda Item 26-039 (January 27, 2026 PC Meeting) Dear Ms. Barnes and Ms. Villaseñor, I am writing regarding Agenda Item 26-039 concerning the Huntington Club Bungalows & Lofts project, which was approved by the Planning Commission on January 27, 2026. Members of the Huntington Club community are currently engaged in discussions with the applicants regarding the project and potential paths forward. In light of these ongoing conversations, we respectfully request that the City grant a continuance of the upcoming consideration of this matter so that those discussions may continue. We believe a continuance would allow the parties to explore potential resolution or narrowing of the issues before further proceedings. Thank you for your consideration. Sincerely, You don't often get email from warrendscott@gmail.com. Learn why this is important Douglas Warren 154 I Appeal of Planning Commission’s Action on CUP No. 22-011 and CDP No. 22-009 (Huntington Club Remodel and Bungalows) – Continued from the March 17, 2026 City Council Meeting April 21, 2026 155 Project Location Location 6501 Palm Avenue General Plan/Zoning • OS-R (Open Space- Recreation) • OS-PR-CZ-O (Open Space- Parks and Recreation-Coastal Zone-Oil Overlay) Surrounding Uses Residential and Open Space Recreation (park) PROJECT SITE GARFIELD AVE. GO L D E N W E S T S T . PROJECT AREA 156 Project Request Conditional Use Permit No. 22-011 and Coastal Development Permit No. 22-009: •Demolish the existing two-story 6,231 sq.ft.tennis clubhouse, four tennis courts, and existing pool and spa area •Redevelop the site with a new two- story, 12,046 sq. ft., tennis clubhouse building at an overall height of 30 ft.-8 in., along with a junior Olympic-sized pool and spa 157 II Project Request •The project also includes: •Four stand-alone bungalows •Range from 883 sq. ft. to 1,865 sq. ft. at an overall height of 17 ft.-3 in. •Two loft units (3,036 sq. ft. and 1,173 sq. ft.) located on the second floor of the remodeled tennis clubhouse •The bungalows and lofts would serve as short-term accommodation for club members and their guests 158 ? ----------·- . 0 I ·- Project Request •The existing number of courts: •13 tennis courts •8 pickleball courts •Proposed number of courts: •10 tennis courts •8 pickleball courts 159 Site Plan 160 HOSl'ITALll'r VJUAS GAT[DOOlt'I' f0'¥'1UA1 Design and Layout •Provides visual interest through a variety of design elements-including colors and materials. •Shared materials complement each of the new buildings along with the existing golf clubhouse. •Scale, design and layout complement surrounding area 161 I Planning Commission Action •The project was presented at the January 27, 2026 PC meeting •Approved with suggested findings and modified conditions •Limit short-term accommodation to HC members only •Work with City staff to light six existing unlit tennis courts 162 Appeal •The project was appealed February 9, 2026, by Douglas Scott Warren, Susan Ridgeway, and Cheryl Gates, members of the Huntington Club •The proposed land use (lodging) is not consistent with the Open Space Zoning District •The Class 32 CEQA Exemption does not apply to the proposed project •The Planning Commission relied on unsupported economic claims •The Planning Commission decision is not supported by substantial evidence •The appellants have requested to continue the public hearing 163 Continuance •The project was continued to the April 21, 2026, meeting to allow the applicant to: •Continue discussions with the appellant •Provide an update on the EPA to add tennis court lighting •Confirm the current lighting violation has been resolved 164 Analysis •Continues existing land use pattern of the area •CEQA Class 32 Exemption is supported by substantial evidence in the record •Proposed bungalows and lofts are ancillary to the primary use of private golf and tennis club •Conditions ensure bungalows and lofts will not be converted to another use •The Planning Commission findings are supported by facts in the record related to consistency with the General Plan, HBZSO, and the City’s certified Local Coastal Program. 165 Summary The City Council may approve the project based on the following OR take an alternative action: •Consistent with the site’s General Plan land use and zoning designations; •Compatible with surrounding uses; •Allows for a commercial recreation project with unique and quality architecture; and •The project is consistent with the City’s certified LCP and will not impede public access or conflict with any public recreation policies. 166 Ill QUESTIONS 167 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 1 April 10, 2026 SENT VIA EMAIL Huntington Beach City Council 2000 Main Street Huntington Beach, CA 92648 Email: City.Council@surfcity-hb.org Re: April 21, 2026 Hearing re The Huntington Club Remodel and Bungalows Dear Mayor and Members of the City Council, I submit this letter in two capacities: (1) as pro bono counsel to appellants Cheryl Gates, Susan Ridgeway, and Douglas Scott Warren; and (2) as a current member of The Huntington Club with a direct interest in the continued availability and character of its facilities. I am an active golf and tennis member of the Club, and my family and I regularly participate in its athletic programs. To summarize, Golf Realty Fund has a reported contractual obligation of approximately $10 million to $15 million to complete improvements at the Club. In structuring that arrangement, Golf Realty Fund retained control over the buildout, positioning itself to convert that obligation into an additional revenue stream through hotel-like lodging for “members and their guests.” At the most recent hearing, Golf Realty Fund implied that it does not need that additional revenue to fund the renovations; it simply seeks an additional revenue stream from the property. Standing alone, that economic choice would not necessarily be problematic. The problem is the particular plan Golf Realty Fund has chosen to pursue. As proposed, it introduces serious safety risks for Club members and their families. Members and their children move constantly through this area—circulating among the courts, the pool, the fitness center, and food service locations—often in unpredictable patterns that are inherent to an active recreational environment. The proposed design forces those same children to cross an internal roadway serving both lodging-related traffic and everyday member vehicle traffic, as members will naturally use that area for convenient parking in the more than thirty new parking spaces located directly adjacent to the tennis and pickleball courts. The plan therefore concentrates vehicle traffic in the exact space where children and families are moving on foot. This creates a direct and foreseeable conflict between vehicles and pedestrians. That risk is compounded by the nature of the proposed use, which will introduce guest traffic, ride-share 168 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 2 activity, deliveries, and the potential for alcohol-related driving into the same space where children are playing and moving freely. The foreseeable result is not minor or theoretical—it is the risk of serious injury in a setting that has always functioned as a protected recreational environment. Up until now, Golf Realty Fund has asked the Council to allow that plan to proceed without the benefit of a comprehensive safety study, ostensibly because its contractual deadline to complete these improvements will expire in early May 2026. That private timing pressure is no substitute for a complete and reliable public record, particularly where the safety of Huntington Beach families who use what many regard as the City’s crown jewel is at stake. More time is needed to determine whether this design can be made safe. Without that work, approval would expose Golf Realty Fund, its tenant, and the City of Huntington Beach to substantial liability if a member—or worse, a child—is injured. In good faith discussions between the Appellants and Golf Realty Fund, the concept of a comprehensive safety study has been raised. Golf Realty Fund appears amenable to conducting such a study, but there remains a critical procedural issue. It is my understanding that Golf Realty Fund prefers that the safety study be imposed along with approval of the plan. We respectfully submit that this approach is improper under the circumstances and should be rejected. The Council should instead retain jurisdiction over this matter and require completion of the safety study before any approval is granted. The Appellants’ ability to advocate on behalf of the Club’s membership is tied to this appeal. As a non-equity club, members do not control the property; their voice is exercised through this process and through the Council’s oversight. If the project is approved subject to later study, that voice is effectively extinguished, and future decisions regarding safety, design, and implementation will be left to private entities whose interests may not align with those of the citizens most directly affected. Moreover, the Council cannot make the required findings in support of approval without first establishing, based on substantial evidence, that the project can be operated safely. Nor may the Council defer that determination to a future study, as doing so would leave a critical component of the approval unsupported by the administrative record at the time of decision. Where material safety concerns remain unresolved, approval would be premature because the record would not contain substantial evidence sufficient to support the findings required for a Conditional Use Permit. Based on the foregoing, we respectfully request that the Council continue this hearing for at least 60 days so that the proposed plan can be more fully evaluated, particularly in light of the serious safety concerns created by placing a roadway with significant parking capacity in the middle of the Club’s tennis and pickleball facilities. The Council should direct Golf Realty Fund to conduct a comprehensive safety study by an independent consultant approved by the Council 169 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 3 and Appellants. Once completed, that study should be circulated for review and comment, and only then should the Council determine whether the project, as proposed, is safe enough for approval. 1. The factual background demonstrates no evaluation of safety concerns amid contractual time pressure and a breakdown between owner and operator. The factual statements set forth in this letter are based on a combination of publicly available materials and information obtained through discussions with individuals represented to have knowledge of the operations, agreements, and history of the Club. Except where expressly supported by cited documents or witnessed by me or my clients, these statements are provided on an informational basis only. I therefore do not present these statements as adjudicated fact, but rather as contextual background to assist the Council in understanding the circumstances surrounding the proposed project. • The entity operating the Club, Camaraderie Clubs, is led by Travis Brasher, who previously served as a golf professional at the Club when it operated under its former name, Seacliff Country Club. Mr. Brasher founded the Travis Mathew apparel brand, which was later sold, and has since returned, now as the tenant overseeing operations at the Club, rebranding it as The Huntington Club. • Prior to the COVID-19 pandemic, Camaraderie Clubs entered into a long-term lease agreement—reported to be approximately 30 years in duration—with the property owner, Golf Realty Fund, under which it operates the Club. • As part of that long-term lease arrangement, both Camaraderie Clubs and Golf Realty Fund are understood to have contemplated and committed to significant capital improvements to the Club’s infrastructure in recognition of the age and condition of the existing facilities. • Camaraderie Clubs has invested substantial capital into the Club, reported to be in the range of approximately $8 million to $10 million. • Golf Realty Fund, as property owner, is likewise understood to have committed to a significant capital contribution toward redevelopment of the property, reported to be in the range of approximately $10 million to $15 million, none of which has yet been deployed. The lease or related agreements reportedly include a deadline for completion of those improvements in early May 2026. Based on that reported deadline, Golf Realty Fund appears to be under substantial time pressure to obtain approvals and move the project forward. 170 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 4 •The proposed project includes demolition and replacement of fitness and swimming facilities, as well as the addition of new structures, including bungalow units, loft-style accommodations, and related site improvements. More specifically, the project includes (i) conversion or construction of second-floor space within a proposed fitness facility into loft-style accommodations and (ii) construction of detached bungalow-style units on the property. The project would also eliminate three lit tennis courts used for nighttime play and divide the tennis and pickleball facilities with a large internal road serving the bungalow component, including more than thirty parking spaces located within that internal circulation area. •Golf Realty Fund also submitted an alternative concept involving the addition of a third story to the fitness facility without including the bungalow lodging component. According to information provided by a City employee, that submission was marked “Incomplete” because it did not contain sufficient detail to determine whether it complied with applicable height limitations. Even if that proposal ultimately raised height- compliance issues, the City retains discretion to evaluate whether such limitations could be addressed or modified through appropriate planning mechanisms. A plan without an internal roadway through the recreational core, therefore, is theoretically possible. •At a presentation by Golf Realty Fund to Club members on Friday, January 23, 2026, at which Camaraderie Clubs was absent, a representative of Golf Realty Fund told members that revenue from the bungalow component was necessary to fund reconstruction of the pool and fitness improvements. Golf Realty Fund has also provided the City with aggressive revenue projections for these rental units, particularly in light of the competition from multiple high-end beachfront hotels in the area. In subsequent representations to the City Council, however, Golf Realty Fund indicated that it has sufficient financial resources to build and maintain the proposed improvements even if those revenue projections were not realized. Those two positions are difficult to reconcile and bear directly on whether the bungalow component is truly necessary or instead an added revenue stream being pursued despite the costs it imposes. •I received a written communication distributed by Camaraderie Clubs to Club members dated February 7, 2026 (Exhibit A). In that communication, Camaraderie Clubs expressly states that it “has no financial interest or contractual obligation to manage the bungalows and loft apartments proposed by Golf Realty Fund.” •The same communication also alludes to the statements made by Golf Realty Fund during its town hall meeting with Club members concerning the proposed project. At that meeting, Golf Realty Fund stated that members were “free to speak with [their] wallets” in response to the proposed changes. 171 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 5 • The February 7, 2026 communication further clarifies that Camaraderie Clubs does not endorse that statement and distinguishes its operational role from that of the property owner with respect to the proposed development. • It is anticipated that, if the contemplated redevelopment obligations are not satisfied within the early May 2026 timeframe, a dispute between landlord and tenant may arise, potentially resulting in litigation. This point is noted solely to provide context regarding the relationship between landlord and tenant, which, from my perspective, is troubling. • In negotiations among the parties, there has been a general refusal to have all sides sit down together to resolve their issues. Golf Realty Fund has asserted that Camaraderie Clubs contractually agreed to limit or waive its ability to object to certain aspects of the redevelopment plan, including the bungalow component. I have learned nothing that contradicts that assertion. At the town hall meeting, Golf Realty Fund flashed a specific portion of the lease when making that point to members, but I was not provided with a sufficient opportunity to review that provision in full. Further, Appellants’ suggestion that a thorough dialogue among all the affected parties would be the best course toward resolution has been dismissed. 2. Golf Realty Fund proposes an unsafe conflict zone within the Club’s recreational core that introduces high-traffic areas into the center of club facilities visited daily by families. The plans submitted to the City do not merely remodel a private club. They change the way this entire recreational area would function on a daily basis. Instead of keeping vehicular circulation at the perimeter, the proposed design pulls vehicle movement into the same part of the site where members and their families naturally move back and forth between the tennis courts, the pickleball courts, the bungalow area, the food truck location, and the pool and fitness complex. That matters because this part of the Club is not a static space. It is one of the most active family areas on the property. During a recent tennis tournament, I watched my own three children—ages 8, 6, and 3—consistently move among the courts, the fitness center, the pool, and the food truck area. Children were running back and forth for smoothies, food, and breaks between matches. Parents and members were doing the same thing. That pattern of movement is not unusual; it is exactly how this area of the Club is actually used. The City would never design one of its own recreational spaces this way. In publicly used Huntington Beach recreation areas, vehicular circulation is kept at the edges, while the interior is reserved for fields, courts, trails, playgrounds, and gathering space. That is not accidental. It 172 173 Orance County Office 3200 Bristol Street, Su ite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bollinc Managing Partner jbollinc@epccblaw.com re flects a basic safety judgm ent: wh ere childr en and families are m ov ing freely , cars should n ot be rout ed through the mi ddle of th e activity zon e. Vehic & • 8ASE8AlUSOFTBAll FI ELDS TURF FI ELDS • AR ENA FIELD • GRA SS FI EL DS • 8AT TING CAG E$ • SNA CK BAR / BATHROOMS , w ♦, PLAY GRO UND • HBSCOFFICE cc_1,i-w. fAAJC t Ctroal r .. .tt 0, f), .. li"9 tii v-• D ,_, k r<h C•ft . !)a.~s--••..... -..... -... -, .. D ...,.....llhUCllt"~ 1o;'----... .J\.J D Mwtnl\llt~-· ~ i)m:•<T<MO<•* i\ i,1~ D ,,..,,.ut,wy ~ ( \. • \ i),u,........""".a,'-", \. 1 \ ~ ................. "Cl,.__ __ ....;;..,,,,.,_;..._ __ ___.. u. • B h k d • • l l h • l • l • h • h ·1& P arking nuntzngton eac par eszgn conszstent ,y paces ve zcu ar czrcu atzon at t e perimeter, w 1 e interior space is reserved for active recreation. This separation reflects a fundamental safe ty principle: where children and families are moving free ly, vehicles are kept out of the activity zone. Th e proj ect p lans submitted her e do the opposi te. They create a co nflict zo n e wh er e ordina1y mem ber m ovement intersects w i th intern al vehicu lar circu lation serv ing both lodging­ relate d traffic and eve1yday m ember parking activity. T h e inte rnal road does not simply pass near th e comis-it mns directly throu gh t h e recreation al area and includes m or e than thniy parking sp aces th at will attract regu lar mem ber use. Th e issu e is not w heth er a car efol adu lt can look both ways an d cross. T h e issu e is wh eth er an active tennis and p ickleb all envn·onment­ used by children , teens, an d fa milies-sh ould be r edesigned to requ n·e exactly th at kind of vigilan ce in th e first place. Th e ri sk is paiiicu larly acute at th e p ickleb all courts . Un der the cmTen t layo ut, th e p ickleball co mis sit adjacent to on e another, and weekly ladder events regularl y uti li ze a ll eight p ickleball co mis (fo ur in each comi bank). During th ose even ts, p layers continuously rotate between th e two comis b ased on w ins and losses. Un der th e proposed p lan, th e inte rnal road would n m betwee n th e two comis th at are cmTentl y adjacen t, m ean ing th at players paiiicipating Page 16 174 Orance County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bollinc Managing Partner jbollinc@epccblaw.com in th es e events would be required t o cross th e roadw ay r epeatedly throughout p lay . That repeated crossing pattern-by adults focus ed on competi tion and m ovement , not v ehicle traffic--creates an addition al, fore s eeable p oint o f c on flict between pedestrians and v ehicles . Th e submitted p lan itself sh ows that the n atural p ath of trav el from th e hea1t of th e tennis and pickleball c omt s t o th e food trn ck and pool cuts directly across the interna l driv e and circulation area tied to th e bungal ow c ompon ent. In th e real world, children do n ot s top at neat crossing points an d wait for vehicles . They n m wh ere th ey have alw ays n m . Members m ove wh ere they h ave always moved . The danger is the r efor e n ot specu lative. It is fo r eseeable on th e face of th e de sign . P r oposed site p lan showing the internal roadway and p arking area ("Conflict Zo ne") b isecting the Club's p rimary tennis and pickleball facilities, where regular p edestrian movement­ p articularly by children and p layers r otating between courts-intersects directly with vehicular traffic. Th e econ omic justificatio n for i ntroducing this risk h as also shifted . At Golf Realty Flmd 's presentation on Friday, Januaiy 23 , 2026 , members w ere t old that blmg al ow r evenue was ne cessa1y to fund th e pool an d fitne ss improv ements . Later , G olf Realty Fund r epresented t o t h e Council th at it h as su fficient funds to build and maintain th ose impro vemen ts even if the Page 17 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 8 aggressive revenue projections tied to the bungalow and loft component do not materialize. By Golf Realty Fund’s own later account, it does not need this additional revenue stream to construct and maintain the facilities. If that is true, then the question for the Council is not whether more revenue would be desirable. The question is whether this added safety risk is worth the cost. It is not. The concern becomes even more serious because Camaraderie Clubs has already stated that it will not manage the lodging facilities. That means a third party will do so. A third-party lodging operation brings with it its own traffic patterns: guest arrivals and departures, deliveries, rideshare traffic, off-site food runs, and trips for alcohol and other services that are not necessarily integrated with Club operations, including when dining facilities are closed (e.g. Mondays). These risks are compounded by the fact that members themselves will use the same internal circulation area for parking and access to the tennis and pickleball facilities, further increasing vehicle volume in the same environment where children and members are walking and running between athletic and pool facilities. And in each and every one of these scenarios, the Council should assume alcohol will be consumed. The timing of this application only heightens the concern. Golf Realty Fund appears to be trying to push this project through because it is running out of time under its own contractual obligations, which may expose it to financial consequences. But a private deadline is not a legal basis to shortcut public safety review. The fact that the owner may feel urgency is a reason for the Council to slow down, not a reason to approve an incomplete and under-analyzed design. A comprehensive, independent safety study must be completed. At a minimum, that study should evaluate pedestrian circulation, child movement patterns, vehicle conflict points, visibility and sightlines, construction-phase hazards, and the operational risks associated with the bungalow and loft component. Without that work, approval would be premature. The City would never route an internal lodging-access road through one of its own active recreational spaces without rigorous safety analysis. It should not permit that result here simply because the project is privately proposed. The stakes are high. If a child is struck by a vehicle in a conflict zone the plans themselves create, the resulting liability exposure would be extraordinary. As a trial lawyer, I view the owner, the operator, and the City as the approving authority as obvious defendants in that scenario, and the exposure could exceed $100 million in a catastrophic injury case. That outcome is not worth a minor, unnecessary revenue stream. And it can only even be argued to be worth the risk if a comprehensive safety study is done first. 175 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 9 3. The proposed plan will have additional adverse effects on the Club’s tennis program and daily operations, and if the back courts are not lit, tennis will wither at the Club. Beyond the serious safety concerns addressed above, the proposed project would also materially impair the Club’s tennis and pickleball program and its broader day-to-day operations. First, the project threatens the viability of nighttime tennis at the Club. As the proposed plan makes clear, the six back courts at the far western end of the property become critically important if three existing lit courts are removed. If those back courts cannot be lit, the Club will effectively go from seven lit courts to only four. That reduction would fundamentally alter the Club’s evening tennis program and, in practical terms, could cause tennis at the Club to wither. Most notably, it would jeopardize some of the Club’s some of the most popular organized evening events, including Men’s Night and Ladies’ Night, where large groups of players participate in round-robin doubles. The junior program, which goes until 7:00 p.m. PST, would also be jeopardized. For many members, those events are the core of the Club’s tennis culture and one of the principal reasons they remain active members. Any loss of courts must be tethered to the back courts being capable of lawful nighttime use. At present, however, the problem is that the prior conditional use permit associated with those courts reportedly does not allow lighting because of their proximity to neighboring homes. (Exhibit B.) Golf Realty Fund appears to be exploring technological solutions to reduce light spill, but the practical reality remains the same: nearby homeowners would be looking at illuminated courts on a nightly basis. That issue should not be ignored or deferred. It should be confronted directly now because, without a realistic and enforceable solution, the project substantially diminishes the Club’s ability to function as a tennis facility. Second, the elimination of three tennis courts will materially affect daytime operations as well. The Club’s tennis program is not limited to casual drop-in use. It supports numerous teams, private lessons, daily junior programs, clinics, and organized member play throughout the week. While no club can honestly claim that every court is full at every hour of every day, that is not the standard. The relevant question is whether the reduction in court inventory will impair operations during the hours that matter most. It plainly will. Peak usage periods will be squeezed. Team practices and matches will be harder to schedule. Private instruction and junior programming will face greater competition for court time. The junior program in particular is a meaningful asset to the Club, run by a strong professional staff and designed to develop high- level young players. Orange County has already produced elite junior talent, and there is no reason that program should be diminished by a redevelopment plan that prioritizes lodging over courts. 176 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 10 Third, Golf Realty Fund has represented that the courts will remain open during construction. On the present record, however, it is difficult to see how that can occur in a safe and functional way. The project already proposes to remove courts, insert internal circulation, and carry out major construction immediately adjacent to active recreational use. If the road and bungalow components were eliminated, there would at least be a greater possibility of preserving meaningful tennis operations during construction. But under the current design, the notion that children can safely attend junior camp, that coaches can conduct lessons, and that teams can play normally while roads are being paved and heavy construction is underway has not been substantiated. The Council should not simply assume that normal Club operations can continue through a prolonged and invasive construction process without a detailed, credible operational plan. Taken together, these impacts are not secondary or incidental. They go to the heart of what The Huntington Club is and how it functions. This is not merely a question of replacing old facilities with new ones. It is a question of whether the Club’s tennis community, junior development program, and nighttime member culture will survive the project in anything like their present form. On the current record, there is substantial reason to doubt that they will. 4. The City’s Zoning Code does not allow people to sleep overnight in recreational space. The Council’s discretion under the Conditional Use Permit process is not unlimited. A CUP is not a blank check to authorize any use the City wishes to allow based on generalized notions of “good cause.” Under the Huntington Beach Zoning Code, a CUP may be granted only where the Council can make the required findings, including that the proposed use is consistent with the General Plan and all applicable requirements of the Municipal Code. Most importantly, the Council must be able to find that the proposed use will comply with the provisions of the base district and other applicable provisions of the Zoning Code. If those findings cannot be made, denial is required. That requirement has procedural consequences here. The Council must be able to support each required finding with substantial evidence in the administrative record at the time of approval. Where material issues—such as whether the project can be operated safely—remain unresolved, the Council cannot defer that determination to a future study. Absent substantial evidence demonstrating that the project can be operated safely, the Council cannot make the findings necessary to approve the Conditional Use Permit. That is the core issue here. The subject property is in the OS-PR district. Huntington Beach’s zoning regulations provide that uses not listed in a district’s land use controls are prohibited. In OS-PR, “Park & Recreation Facilities” may be allowed with a CUP, and certain 177 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 11 ancillary uses may be permitted in limited form, but the Code does not separately list general lodging or visitor accommodations as an authorized OS-PR use. From a legal perspective, the threshold question, therefore, is not whether the bungalow and loft component may be desirable or financially beneficial. The threshold question is whether that lodging component is actually an authorized use in OS-PR at all. The City’s own use-classification scheme sharpens that issue. Huntington Beach distinguishes between “Clubs and Lodges,” on the one hand, and “Visitor Accommodations,” on the other. “Clubs and Lodges” are recreational or social facilities primarily for members or guests. “Visitor Accommodations” are separately defined lodging uses, including hotels, motels, and similar short-term occupancy arrangements. The Code thus does not treat private club use and overnight lodging use as interchangeable. They are different use categories. That distinction matters here because the proposed bungalow and loft component appears, in substance, to function as a lodging use rather than merely as part of the Club’s traditional recreational operations. Accordingly, if the City’s position is that the bungalow and loft component constitutes a lodging or visitor-accommodation use, then the Council should identify precisely where that use is permitted or conditionally permitted in OS-PR. If the City’s position is instead that the lodging component is merely accessory or incidental to the recreational use, then the Council should explain how overnight accommodations are truly subordinate to, and customarily associated with, the principal recreational use of the site, rather than a separate revenue-generating use added to the property. Either way, the Council must still make the finding that the project complies with the base district. A CUP does not eliminate that requirement. There is a further problem. The Huntington Beach Code contemplates that, if a proposed use cannot be clearly classified within an existing use category, the answer is not simply to approve it by CUP anyway. Rather, the Code assigns use-classification decisions to the Director and, where no existing classification clearly applies, the proper remedy is a change to the zoning text. In other words, the City may not use the CUP process to create a new hybrid use that the Code does not presently authorize. For that reason, the Council should require a clear answer to a simple question before acting: what, exactly, is the legal use classification for the proposed bungalows and lofts, and where is that use authorized in OS-PR? And critically, the Council must also be able to determine—based on substantial evidence—that the project, as designed, can be operated safely before any approval is granted. Unless and until those questions are answered in a manner that allows the Council to make the required findings, approval of the lodging component would be legally vulnerable and premature. 178 Orange County Office 3200 Bristol Street, Suite 400 Costa Mesa, CA 92626 (714) 292-0262 epggblaw.com Jesse K. Bolling Managing Partner jbolling@epggblaw.com P a g e | 12 5. There is no justifiable basis to move forward with the proposed plan unless and until, at a minimum, a comprehensive safety study is conducted. For all of these reasons, there is no justifiable basis for the Council to move forward with the proposed plan unless and until a comprehensive safety study is completed. Without that study, the Council lacks substantial evidence necessary to determine that the project can be operated safely and therefore cannot make the findings required for approval of the Conditional Use Permit. We therefore respectfully request that the Council continue this matter for at least 60 days so that the proposed project can be evaluated on a more complete and reliable record. Respectfully Submitted, ENENSTEIN PHAM GLASS GUTENPLAN & BOLLING, LLP By: Jesse K. Bolling, Esq. Cc: • Casey McKeon, Mayor: Casey.McKeon@surfcity-hb.org • Butch Twining, Mayor Pro Tem: Butch.Twining@surfcity-hb.org • Gracey Van Der Mark, Councilmember: Gracey.VanDerMark@surfcity-hb.org • Pat Burns, Councilmember: Pat.Burns@surfcity-hb.org • Don Kennedy, Councilmember: Don.Kennedy@surfcity-hb.org • Chad Williams, Councilmember; Chad.Williams@surfcity-hb.org • Andrew Gruel, Councilmember: Andrew.Gruel@surfcity-hb.org 179 ~ EXHIBIT A 180 1 Julie Ann Crandall From:The Huntington Club <info@thehuntingtonclub.com> Sent:Saturday, February 7, 2026 8:11 AM To:Jesse Bolling Subject:Camaraderie Clubs Clarification ~ Townhall Meeting To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.Image Saturday, February 7, 2026 Dear Members of The Huntington Club, It has been two weeks since Golf Realty Fund and Johnathon Baily held a town hall meeting at the Huntington Club to discuss the New Performance Center Building, new pool, and bungalow project. Over the past two weeks, we have noticed some confusion regarding the relationship between the tenant of THC (Camaraderie Clubs) and the landlord/property owner (Golf Realty Fund). To clarify, Camaraderie Clubs pays rent to Golf Realty Fund through a triple net lease. This lease outlines obligations for capital expenditures for both the tenant and the property owner. So far, Camaraderie Clubs has met and exceeded its capital obligations. However, as the property owner mentioned in the planning commission meeting on January 27th, they have yet to fulfill their obligations. In the past six years since the lease was signed, Golf Realty Fund is still in the process of obtaining the necessary approvals for the project. In addition, Camaraderie clubs would like to clarify the following misconceptions we have heard from the members. 1.Johnathon Baily represents Golf Reality Trust and is not affiliated with Camaraderie Clubs or involved in our operational decisions regarding THC. We want to make it very clear: WE DO NOT ENDORSE HIS STATEMENT MADE DURING THE TOWN HALL MEETING, where he said, "WE ARE COMFORTABLE AND CONFIDENT IN THE ECONOMICS, AND YOU GUYS ARE FREE TO SPEAK WITH YOUR WALLETS AND SAY, 'HEY, NO, THIS CLUB ISN'T FOR US; WE WILL LEAVE.'" Jonathon Baily and Golf Realty Trust do not have the authority to make such statements to you, our valued customers, and members of THC. As made evident by the recent survey, we value member feedback and will use that feedback to frame our capital investment and operational opportunities. We deeply value your membership and thank you for choosing to be a part of our Club. 2.Currently, Camaraderie Clubs has no financial interest or contractual obligation to manage the bungalows and loft apartments proposed by Golf Realty Fund. Camaraderie Clubs has been steadfast in its efforts to compel the landlord to honor its obligations to construct a new swimming pool and upgrade the fitness facilities over the past 6 years . The ownership of The Huntington Club is dedicated to the ongoing improvement of the Club and its facilities, aiming to preserve and enhance the experience enjoyed by its members. 181 2 We will always advocate for the interests of the Club and its members with conviction and respect. Please direct any questions about the project to Golf Realty Fund as they will be best equipped to answer questions about their project. Sincerely, Travis Brasher - Managing Partner, Camaraderie Clubs Joe Saikali - General Manager 6501 Palm Ave. Huntington Beach, CA 92648 714.536.8866 This message was sent to Jesse Bolling <jbolling11@gmail.com> by Huntington Club Click here to unsubscribe from further communications To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet. 182 EXHIBIT B 183 184 Huntington Beach Planning Commission' P.O. BOX 190 .. CALIFORNIA 9264,B August 6, 1·985 Huntington Beach Company 2110 Main Street Huntington Beach, CA 92648 ~ r . SUBJECT: CONDITIONAL USE PERMIT NO. 85-25/COASTAL DEVELOPMENT PERMIT NO. 85-19/NEGA'I'.IVE DECLARATION No.·.:,.8_5-26 REQUEST: LOCATION: ~o r~rmit construction of 6 tennis courts. East side of Palm Ave. approximately 300 ft. south of Cherryhill Ave. FINDINGS FOR APPROVAL CONDITIONAL USE PERMIT NO. 85-25: 1. The proposed six tennis courts are compatible with surrounding land uses and in conformance with the General Plan policies because the facility will become an integral part of the existing Seacliff CountrY, Club. 2. The proposed tennis courts will not be detrimental to the gener~l health, welfare, safety and convenience of persons resid~ng dr working in the neighborhood because the. facility wiJ l !.:ave hours of operation limited to the daytime·. 3. The :..ocation, site layout, ana design of the proposed dev~lopment does properly adapt the structure to streets, driveways and other uses in a harmonious manner. FINDINGS FO~ APPROVAL co'ASTAL DEVELOPMENT PERMIT NO. 85-2: 1. The propQsal for 6 tennis courts is consistent wilh the City Coastal Zone suffix as well as other provisions of the Huntington Beach Ordinance code applicable to the property; and conforms with the plans, policies, requirements and standards of the City's Coastal Land Use Plan. . . 185 ... , ~ .. fl.i, , ,•, 2. The proposed development can be provided with infrastructure i~ a manner that is consistent with the coastal Land Use Plan. 3. The proposed development conforms with the public access and public recreation policies of Chapter 3 of the Caljfprnia Coast~l Act. -~· CONDITIONS OF APPROVAL CONDITIONAL USE PERMIT NO, 85-25: . 1. The sit~ plan dated May 22, 1985 shall be the_ approved layout. 2. Prior to issuance of building permits, the applicant shall submit a landscape and irrigation plan to the Department of Development Services and Department of Public Works for review and approval. 3. The tennis courts hours of operation shall be limited to daytim~ hours. No artificial lighting shall be p8rmitted . . , .; ... 4. A copy of the tennis club membership/entry requirements shall be submitted to the Department of Development $ervices to assure ~he,membership/use is limited to country club members. 5. All building spoils, such a unused lumber, wire, pipe and surplus or unusable materials, shall be disposed of at an off-site facility equipped to handle them. I hereby certify that Conditional Use Permit No. 85-25, Coastai· Development Permit No. 85-19 and Negative Declaration No. 85-26 was approved by the Planning Comm~ssion of the City of Huntington Beach on August 5,'1985 by the foregoing citations and conditions. Sincerely, '--v . ~~~J!~~{~ ,iJJ)j/~'1 James W. Pal in Secretary Planning commission JWP:lp (3037d(3) 1 From: Julie Ann Crandall <jcrandall@epggblaw.com> Sent: Friday, April 10, 2026 3:00 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Letter on behalf of Appellants for April 21, 2026 Hearing re The Huntington Club Remodel and Bungalows Dear Huntington Beach City Council Members, Please see attached correspondence from Jesse Bolling, Esq., who represents Appellants Cheryl Gates, Scott Warren, and Susan Ridgway in the above-referenced matter. Do not hesitate to reach out if you have any questions. Julie Crandall Paralegal to Jesse Bolling ENENSTEIN PHAM GLASS GUTENPLAN & BOLLING LLP 3200 Bristol St. Costa Mesa, CA 92626 Phone: (657) 383-4511 Email: jcrandall@epggblaw.com www.epggblaw.com This email and any attachments contain information from the law firm of ENENSTEIN PHAM GLASS & RABBAT LLP, which may be confidential and/or privileged. The information is intended to be for the use of the individual or entity named on this email. If you are not the intended recipient, be aware that any disclosure, copying, distribution or use of the contents of this email is prohibited. If you receive this email in error, please notify us by reply email immediately so that we can arrange for the retrieval of the original documents at no cost to you. Some people who received this message don't often get email from jcrandall@epggblaw.com. Learn why this is important 186 I E B LAW EN ENSTEIIIN PHAM GLASS GUTENPLA BOLUNG LLP 1 Attachments:2026.04.10 Letter to HBCC (FINAL).pdf -----Original Message----- From: kkc@kelleherequipment.com <kkc@kelleherequipment.com> Sent: Sunday, April 12, 2026 6:31 PM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org>; McKeon, Casey <Casey.McKeon@surfcity-hb.org>; Twining, Butch <Butch.Twining@surfcity-hb.org>; Van Der Mark, Gracey <Gracey.VanDerMark@surfcity-hb.org>; Burns, Pat <Pat.Burns@surfcity-hb.org>; Kennedy, Don <Don.Kennedy@surfcity-hb.org> Cc: Williams, Chad <Chad.Williams@surfcity-hb.org>; Gruel, Andrew <Andrew.Gruel@surfcity- hb.org> Subject: Proposed Huntington Club Remodel [Some people who received this message don't often get email from kkc@kelleherequipment.com. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Dear Councilmembers, Mayor, and Mayor Pro Tem: By now you must have received numerous emails with the attached letter which includes historical information that would be beneficial prior to a final decision regarding the proposed Huntington Club remodel. If you haven't already, I urge you to read it. This letter points out key safety issues, which have been my main concern since discussions began about this proposed project. I remember making the comment, "With a street running directly through the club courts, it is not a matter of someone potentia the applicant, Jonathon why there should be a need for parking in front of the bungalows. His response was that this was a city requirement. A more viable solution for all parties would be to maintain the original design with the bungalows instead as penthouse units on the new tennis clubhouse. Raising the building one story does not impact any of the parties. The original penthouse design to lights and residences whose current golf course views will be diminished by the proposed to mitigate the heightened liability exposure to the landlord, tenant, and city. The new lodging units are not likely to maintain 100% occupancy on a regular basis; therefore, the need for additional parking is quite minimal. Many of the guests are not likely to have more than one vehicle, and the availability of ride share reduces the need even further. It is clear that the liability exposure to all interested parties should warrant more scrutiny and alternative plan solutions. Regards, Kelly Kelleher Casares Kelleher/Casares Equipment, LLC 9901 Paramount Blvd. Ste. 140 Downey, CA 90240 (562)422-1257 X1 (562)857-4481 cell kkc@kelleherequipment.com CONFIDENTIAL & PROPRIETARY INFORMATION 187 2 This message is intended for the exclusive use of the addressee(s) and may contain information that is CONFIDENTIAL, PRIVILEGED and/or PROPRIETARY. If you are not the intended recipient(s), you are hereby notified that any disclosure, copying, dissemination or other use of this copies of this message and its attachments and notify us immediately. -----Original Message----- From: Kelly Kelleher <kkc@kelleherequipment.com> Sent: Sunday, April 12, 2026 5:32 PM To: Kelly Kelleher <kkc@kelleherequipment.com> Subject: 2026.04.10 Letter to HBCC (FINAL).pdf 188 1 Attachments:2026.04.10 Letter to HBCC (FINAL).pdf From: Leslie Carter <lesliecarterj@gmail.com> Sent: Monday, April 13, 2026 10:56 AM To: CITY COUNCIL (INCL. CMO STAFF) <city.council@surfcity-hb.org> Subject: Safety Concerns over proposed transient accommodations at The Huntington Club I am a member at The Huntington Club and I would like to echo the safety concerns highlighted in the attached letter. Adding transient accommodations and a street/parking in the middle of courts where people and children move freely is a recipe for disaster I would like to see a safety assessment done to see how changes could be made that do noy cause safety issues Thank you Leslie Carter Sent from my iPhone Some people who received this message don't often get email from lesliecarterj@gmail.com. Learn 189 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-372 MEETING DATE:4/21/2026 Subject: Police Department eBike Update Report City of Huntington Beach Printed on 4/15/2026Page 1 of 1 190 Huntington Beach Police Department eBike Update Report April 21, 2026 Sergeant Mike Thomas 191 OVERVIEW Statistics01 05 02 Strategy 03 Education Upcoming Events 04 Enforcement 192 TOTAL eBike CRASHES (2022-25) 0 25 50 75 100 125 150 175 200 225 2022 2023 2024 2025 Total eBike Crashes 72 198 175% Increase 193 eBIKE CRASH OVERVIEW •Youth riders (Under 18) were at-fault in 67 of 141 eBike collisions involving a violation (48%). •11–14-year-olds had more at-fault crashes than 15–17-year-olds (44 vs. 23). •Riding on the Wrong Side of the Road (24 of 67 collisions – 36%) was the top crash factor (U18). •The eBike rider was not at fault in 57 of 198 collisions (29%) 194 TOP REASONS FOR CRASHES Top 3 Reasons for Crashes: ➢Unsafe Speed (speeding) is the leading cause of collisions overall ➢Unsafe turning is a major contributing factor across all age groups ➢Wrong side of the road is the #1 cause for riders under 18 Emphasizes need for hands-on training (turning, rules of the road, speed control) 195 STRATEGY ENFORCEMENT EDUCATION 196 ESTABLISHED R.I.T.E. Rider Instruction, Training, & Enforcement (RITE) 197 ENFORCEMENT •Directed Enforcement Operations Conducted: 11 •Citations Issued Department-wide: 78 2026 YTD 198 ENFORCEMENT First case in OC prosecuting a parent for child endangerment 06 11 Total Pursuits (2025)Total Impounds (2025) 199 ~ Huntiing1toirn1 IBeaclil Police Departme111ut • ~ March 11 at 1:21PM • 0 ••• Off-Highway E-Motorcycles Are Of Street Leg al Betvre en Sep t e mb er and Nove m be r 202 5, Hunti ngton Beach Pollice office1rs respo nded to t hree separa t e e nfiorrce ment incident s invollviin gi th e same Talaria Sting MX-4 e -motorcydl e, operated by two minor brothers on pub lic roadways .. In eve ry in ddent, th e v eh icle wa s confirmed to be an off-highway e-motorcydl e, Of a lega l e-lbike und er C lifomi a Vehicl e Code §3125. Th ese v ehicles are not designed, eq uipp ed , or permirtted for str eet use, y et they w ere r epeated ly operated on city streets, pos ing a :sierious da ng er to 1niders and ev eryo 11e aro und th em. - - ;~-✓- • ~- 17 1Qn~. ~-.< CONTINUING EDUCATION / OUTREACH •Formal Riding Training Program •Youth Diversion Program •Mandatory Student eBike Rider Training (District-wide) •Statewide Leader in Law Enforcement (POST Course) ➢28 LE Agencies / 75 LE Officers Trained 200 OFFICER TRAINING LEADER 201 1217 EDUCATION IMPACT TOTAL KIDS/PARENTS TRAINED: 737 (Since 5/17/25) 202 CALIFORNIA OFFICE OF TRAFFIC SAFETY UPCOMING EVENTS ▪April 25, 2026 – Rider Training Course (Sports Complex) ▪May 15, 2026 – California Electric Device Safety Symposium (Senior Center) ▪June 16-20, 2026 – Law Enforcement Training Course (Central Library / Sport Complex) 203 QUESTIONS? 204 ----- c> :r: City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-349 MEETING DATE:4/21/2026 Subject: 2026 Safe and Sane Fireworks Stand Lottery City of Huntington Beach Printed on 4/15/2026Page 1 of 1 205 2026 Fireworks Stand Lottery April 21, 2026 206 ..... .. , --------.------------------------------.... ,.;--~- ./ ~ f , '' -~:~------ ---------- ----~,_..,. -.-:::;:....... ) ------- C) ::c: :> .. . . -?/ ~ ~ ~ {«--~~~~~~ ~ t-1:~:,~--\)~· Resolution No. 2024-08 A Resolution of the City Council of the City of Huntington Beach Revising and Restating Resolution No. 2016-01 Related to Implementing Charter Section 805 and Municipal Code Charter 5.90 Regarding Safe and Sane Fireworks 207 WINNERS Edison HS Field Hockey Booster Club Edison HS Men’s Basketball Booster Club ALTERNATES Boys Volleyball Booster Club Charger Aquatics Booster Club, Inc. Girls Flag Football Booster Club Public High School Winner EDISON HIGH SCHOOL 208 HIGH SCHOOL WINNERS HB Volleyball Boosters Association HBHS Cheer and Dance Boosters ALTERNATES HBHS Boys Soccer Boosters, Inc. HBHS Band Boosters Public High School Winner HUNTINGTON BEACH HIGH SCHOOL 209 WINNERS Marina HS Surf Team Boosters Public High School Winner MARINA HIGH SCHOOL 210 WINNERS Ocean View Baseball Ocean View Football Booster Club Public High School Winner OCEAN VIEW HIGH SCHOOL 211 Private High School Winner LIBERTY CHRISTIAN HIGH SCHOOL 212 CivicOrganizations 19 applications were received and approved for tonight’s Lottery. 5 Winners and up to 3 Alternates will be drawn. 213 • • * • • • . ,... A~ • • • 1. Lutheran Church of the Resurrcetion 8.CrossPoint Church 15.Compass Bible Church Huntington Beach 2. Knights of Columbus Council 6020 9.Patriots & Paws 16.Orange County Children’s Theatre 3.America Legion HB Post 133 10.Apostolic Assembly of the Faith in Christ Jesus 17.Huntington State Beach Junior Lifeguard Association 4.Shorelife Church 11.Beach City Classics 18.Monarch Preschool, Inc. 5.Theraputic Riding Center of HB 12. Orange Coast Gakuen, Inc. 19.Robyne’s Nest 6.First Samoan Congregational Christian Church of HB 13. We Are One Sports Academy 7.McKenna Claire Foundation 14. Huntington Beach Elks Lodge #1959 Civic Organizations 214 Youth Sports 10 applications were received and approved for tonight’s Lottery. 5 Winners and up to 3 Alternates will be drawn. 215 • • * • • • . ,... A~ • • • 1.HB Chargers Youth Football & Cheer 6.NHB Futbol Club, Inc. 2.Huntington Valley Youth Football & Cheer 7.Huntington Valley Little League 3.Team 90 Inc. DBA California Rush 8.Cypress Futbol Club DBA FC Premier 4.Culture Football Organization 9.Vanguard Aquatics 5.RiseOC Volleyball 10.Seaview Little League Youth Sports 216 Miss Huntington Beach 2026 Gabrielle Samiy 217 Good Luck! All lottery winners will receive permit information/instructions from Fire Department representatives via email. 218 fJEAIJ/1 HAZAP.Og IUJ ■UIJlp l._f.lhr1 1 r.~~-=~ ,_Jfl IH11,1t,i tlllll[UU 'f.aA IIIHH,■11(JW1■ ... 1111{1 ■rilffTMDM!I 1•.n JJli ■ JMt 11.llilUr ~ltifllllilKJI ,1c:1.1Nfo1 ~: ... ._.., llilt,H,f j ■'AAhHll lU.nfll City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-350 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Lisa Lane Barnes, City Clerk PREPARED BY:Lisa Lane Barnes, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of April 7, 2026, require review and approval. Financial Impact: None Recommended Action: Approve and adopt the City Council/Public Financing Authority regular meeting minutes of April 7, 2026. 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. April 7, 2026, CC/PFA regular meeting minutes City of Huntington Beach Printed on 4/15/2026Page 1 of 1 219 Minutes Regular Meeting City Council/Public Financing Authority City of Huntington Beach Tuesday, April 7, 2026 4:00 PM — Council Chambers 6:00 PM — Council Chambers Civic Center, 2000 Main Street Huntington Beach, California 92648 A video recording of the 4:00 PM and 6:00 PM portions of this meeting is on file in the Office of the City Clerk, and archived at https://huntingtonbeach.legistar.com/Calendar.aspx 4:00 PM — COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Gruel, Kennedy, McKeon, Burns, and Williams Absent: Twining, and Van Der Mark Pursuant to Resolution No. 2001-54, Mayor Pro Tem Twining and Council Woman Van Der Mark requested, and were granted, permission to be absent from this meeting. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS PERTAINING TO CLOSED SESSION (Received After Agenda Distribution) — None PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEMS — None Mayor McKeon read the titles for Closed Session Items #1 (26-308) Conference with Real Property Negotiators regarding 21091 Pacific Coast Highway, Huntington Beach, CA, Pacific City Hotel, LLC dba Pasea Hotel and Spa; #2 (26-298), #3 (26-299), #4 (26-300) and #5 (26-301) Conference with Labor Negotiators regarding Employee Organizations: Huntington Beach Police Officers' Association (HBPOA), Police Management Association (PMA), Huntington Beach Firefighters' Association (HBFA) and Fire Management Association (FMA). Mayor McKeon noted that tonight Chief Assistant City Attorney Paul D’Alessandro was filling in for City Attorney Mike Vigliotta. A motion was made by Burns, with a second by Kennedy, to recess to Closed Session. RECESSED TO CLOSED SESSION — 4:02 PM CLOSED SESSION 1. 26-308 CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Gov. Code section 54956.8.) Property: 21091 Pacific Coast Highway, Huntington Beach, CA 92648 (APN 024-281- 220 Council/PFA Regular Meeting Minutes April 7, 2026 Page 2 of 11 16). Agency Negotiators: Travis Hopkins, City Manager; Marissa Sur, Assistant City Manager; Ashley Wysocki, Director of Community and Library Services; Chris Cole, Community and Library Services Manager; William Krill, Real Estate Project Manager. Negotiating parties: Pouya Honari - Pacific City Hotel, LLC dba Pasea Hotel and Spa (Not Present). Under negotiation: Price and terms of payment. 2. 26-298 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Police Officers’ Association (HBPOA). 3. 26-299 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Police Management Association (PMA). 4. 26-300 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Huntington Beach Firefighters’ Association (HBFA). 5. 26-301 CONFERENCE WITH LABOR NEGOTIATORS (Gov. Code section 54957.6.) Agency designated representatives: Travis Hopkins, City Manager; also in attendance: Marissa Sur, Assistant City Manager; Mike Vigliotta, City Attorney and Zack Zithisakthanakul, Acting Chief Financial Officer. Employee Organization: Fire Management Association (FMA). 6. 26-302 CONFERENCE WITH LEGAL COUNSEL-ANTICIPATED LITIGATION (Gov. Code section 54956.9(d)(2).): One (1). 7. 26-303 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Frahm (Robert), et al. v. City of Huntington Beach; OCSC Case No.: 30-2023-01319592. 8. 26-309 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. 9. 26-315 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Pourvasei (Ramtin) v. City of Huntington Beach, et al.; OCSC Case No. 30-2024-01398843. 10. 26-333 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Grant Parks v. City of Huntington Beach, et al.; OCSC Case No.: 30-2024-01435113. 221 Council/PFA Regular Meeting Minutes April 7, 2026 Page 3 of 11 11. 26-337 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION. (Paragraph (1) of subdivision (d) of Section 54956.9). Michelle Seeser v. City of Huntington Beach; WCAB Case Nos. ADJ18790952; ADJ18790506; ADJ18790058. 6:00 PM — COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:02 PM ROLL CALL Present: Gruel, Kennedy, McKeon, Burns, and Williams Absent: Twining, and Van Der Mark Pursuant to Resolution No. 2001-54, Mayor Pro Tem Twining and Council Woman Van Der Mark requested, and were granted, permission to be absent from this meeting. Mayor Pro Tem Twining momentarily stepped to his mic to express his gratitude for the outpouring of care, friendship, and love as he recuperates from his very recent quadruple bypass open heart surgery. INVOCATION 12. 26-295 Huntington Beach Police Chaplain Bob Ewing 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. PLEDGE OF ALLEGIANCE 13. 26-294 Gary Robles, American Legion Post 133 CLOSED SESSION REPORT BY CITY ATTORNEY Chief Assistant City Attorney Paul D'Alessandro, sitting in for City Attorney Mike Vigliotta, reported that City Council unanimously (5 – 0 – 2; Twining and Van Der Mark absent) authorized the City Attorney's Office to enter into settlement discussions in Grant Parks, v. City of Huntington Beach, et al.; OCSC Case No.: 30-2024-01435113. CITY COUNCIL MEMBER COMMENTS (2-Minute Time Limit) Mayor McKeon announced that per Municipal Code Section 3.03.100 and City Charter Section 13, the Request for Proposal (RFP) process is not required for Administrative Item #22 (26-324) regarding a professional services contract between the City of Huntington Beach and Wolffhaus. He added that Council, due to expressed community concerns, has withdrawn this item in order to implement the RFP process. He continued to describe the criteria that will be required for the RFP process, noted that he believes Wolffhaus is the premier provider of Brand, Media, Press and Digital Ecosystem Comprehensive Audit, Marketing, and Assessment Services, and the need to move quickly. Mayor McKeon also clarified that hotels, not the City of Huntington Beach, pay Visit HB. Councilman Kennedy noted that although the RFP process provides transparency during a vendor selection process, it does not ensure quality of work, on-time project completion or unequivocal success. 222 Council/PFA Regular Meeting Minutes April 7, 2026 Page 4 of 11 Councilman Gruel addressed the issue of recent communications relayed to him regarding various landscaping concerns and noted that there was a delay in finalizing the new landscape maintenance contract which resulted in a gap in service. Landscape crews are now in the field and Public Works expects everything will be cleaned up within the next four weeks. Councilman Williams shared his Easter message and noted that he understands that not everyone agrees with him. Councilman Burns, referencing Withdrawn Administrative Item #22 (26-324), noted it is not unusual for organizations to sole source contracts. He acknowledged the City's Boards, Commissions and Committees and thanked those serving for utilizing their expertise to help Councilmembers be more quickly informed and helping to make timely decisions. MAYOR'S SPOTLIGHT 14. 26-290 Mayor’s Spotlight Presentation Mayor McKeon reviewed recipients of March Mayor's Excellence Awards: Jessica Cuchilla, Public Affairs Officer; Code Enforcement Officers Josh Sharlan, David Chapman and Eric T.; Huntington Beach High School Cheer Junior Varsity, Freshmen and Varsity Teams; Marina High School's extraordinary student- athlete wrestler, Aubree Storm Gutierrez; Eight and Under Honors Cheer Team; Fred's Mexican Cafe $10,000 25th Anniversary donation to the Assistance League of Huntington Beach; and HB Longboard Rider's Club Board of Directors. BUSINESS HIGHLIGHT 15. 26-291 Business Highlight Presentation Mayor McKeon recognized recently opened Huntington Beach businesses and Minute with the Mayor videos were played to recognize Crave Personal Training, at Adams and Alabama, ExperTec Automotive at Talbert and Beach, and Facets 58 Jewelers at Main and Yorktown. Support local businesses and keep Surf City thriving. Applications for businesses interested in participating in Minute with the Mayor can be found at www.shoplocalhb.com. Mayor McKeon briefly reviewed the new Digital Grant Program offering training and $1,000 grants for business digital advertising. More information can be found at HBBiz.com. Applications will be accepted from April 13, at 8 AM until April 26 at 11:59 PM. COMMUNITY EVENTS ANNOUNCEMENTS (2-Minute Time Limit) Limited to one representative, one announcement Marisa Beck and Hadley Ruiz, representing Marina High School Art Department, announced the Huntington Beach Art Center (HBAC) School District-wide Art Show, Creative Visions, with the Opening Reception on Friday, April 17, 5:30 pm-9:00 pm at HBAC. Local high school students created, curated, and displayed all of the artwork. Pat Goodman announced the upcoming Annual Service Day, which will take place rain or shine, on Saturday, April 25, sponsored by the Huntington Beach Interfaith Council. Service projects are 223 Council/PFA Regular Meeting Minutes April 7, 2026 Page 5 of 11 scheduled from 9 AM to noon, followed by a community picnic. Online registration is required to participate in service projects at GHBIC.org or CommunityServiceDay.org. Donna Brandt, President, Therapeutic Riding Center of Huntington Beach, Huntington Beach Equestrian Center, commented on the Riding Center's expansion to Long Beach and invited everyone to attend the Long Beach Open House on Sunday, April 19, 1 to 4 PM. 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: Consent Calendar Items #17 (26-305) (staff PowerPoint communication) #18 (26-220) (1 email communication); Administrative Items #22 (26-324) (22 email communications); and Council Member Items #23 (1 email communication). PUBLIC COMMENTS — 34 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. Dom McGee commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. He requested that minutes of a meeting between certain individuals be made available for the public. (00:43:32) Sally Wescott and Tina Viray, Surf City Store on the Pier Owners, commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. Councilman Williams asked Ms. Westcott to complete a blue card for follow-up. (00:45:08) Brenda Glim commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (00:48:37) Amory Hanson commented on Consent Calendar Item #20 (26-289) regarding approval of sole-source purchase and installation of two Trakka TL-360 Searchlight System for Police Department Air Support Unit. (00:51:44) Andrew Einhorn commented on Voter ID issues and Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (00:52:14) Charlie Jackson commented on the need to update the City Council vacancy policy in the City Charter. (00:54:30) Ellen Riley commented on the oil pipelines in Huntington Beach and issues related to the Huntington Beach Housing Element. (00:54:59) Hannah Bas, Lakeview Elementary School student, commented on April as Autism Acceptance Month, and invited everyone to the Annual Lions Crab Fest Fundraising event on Saturday, April 11, 4 – 7 PM at the Huntington Beach Senior Center. (00:56:49) Brittany Bas, Amuse Foundation AKA Amuse for Autism, Founder and President, commented on ways to support Autism Acceptance Month. More details can be found at www.amusefoundation.org. Councilman Kennedy asked Ms. Bas to complete a blue card for follow-up. (00:58:21) 224 Council/PFA Regular Meeting Minutes April 7, 2026 Page 6 of 11 Unnamed Speaker commented on the improvements in the Downtown area and thanked Mayor McKeon for his support the last couple of years. (01:02:27) Debra commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:04:25) Stephanie Dufour, local business owner, commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. Councilman Williams asked Ms. Dufour to complete a blue card for follow-up. (01:05:54) Janet Ewell commented on her expectation that all Councilmembers provide maximum transparency in all of their civic actions. (01:09:09) Ben Davis commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:10:41) Andrew Hard, Huntington Harbour Duffy Business Owner, commented on what he described as a personally experienced inconsistency in the way Huntington Beach enforces zoning and permitting requirements. Councilman Williams asked Mr. Hard to complete a blue card for follow-up. (01:12:41) Grant Walker, Huntington Harbour Duffy Business Partner, commented on his support for the previous speaker's comments regarding seeking answers to Code Enforcement's apparent inconsistency in the way Huntington Beach zoning and permit requirements are enforced. (01:15:41) John Urdi, Visit HB President, commented on his experience and confirmed that Visit HB is a private non-profit 501(C)6 which is funded solely by TBID funding assessed to City hotels which can be passed along to hotel guests. He explained that funding is submitted to the City of Huntington Beach and then returned to Visit HB for their marketing purposes to attract and drive overnight visitors. (01:16:07) Ann Palmer commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:19:18) Russ Neal commented on the Airshow Settlement agreement. (01:22:06) Kathy Carrick commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:24:21) Tim Geddes commented on the lack of a Closed Session update regarding any of the litigation involving the State of California and Council Member Items #23 (26-336) submitted by Councilmen Gruel and Williams regarding discussion of State Audit. Major McKeon stated for the record that Chief Assistant City Attorney D’Alessandro actually reported out of Closed Session about the audit item earlier this evening. (01:26:18) Roz Price commented on Consent Calendar Items #17 (26-305) regarding Amendment No. 2 between the State of California and the City of Huntington Beach for Bolsa Chica State Beach, Item #18 (26-220) regarding Resolution No. 2026-27 declaring weeds and rubbish a public nuisance, Item #20 (26-289) regarding sole-source purchase and installation of two Trakka TL-360 Searchlight System for Police Department Air Support Unit, Item #21 (26-227) regarding amended and restated National Pollutant Discharge Elimination System Stormwater Perm it implementation agreement, and Administrative Items 225 Council/PFA Regular Meeting Minutes April 7, 2026 Page 7 of 11 #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. She also acknowledged the recent passing of Love Ghione, President of Surf City Sand Dollars and Surf City Splash Organizer. (01:29:34) Kayleigh McCue commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:32:17) Dave Patel asked why Overlook Park, at Seapointe and Garfield, has been closed since Covid. Mayor McKeon asked Mr. Patel to complete a blue card for follow-up. (01:33:15) Steven Gerard Sidlovsky commented on his participation in the recent California March for Life in Sacramento and his efforts for USA Preborn Personhood cities. (01:34:14) Unnamed Speaker commented on her participation in the recent California March for Life in Sacramento. (01:36:51) Kanan Durham commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:38:50) Patricia Pappas commented on the great response from Councilmembers and City Staff after she asked for improved City services four years ago for her north Huntington Beach neighborhood. (01:41:17) Unnamed Speaker commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:43:53) Unnamed Speaker commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:46:08) Pat Goodman commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:47:57) Bethany Webb commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:50:37) Wendy Rincon commented on Administrative Items #22 (26-324) regarding Professional Services Contract between the City of Huntington Beach and Wolffhaus. (01:53:41) Unnamed Speaker provided comments related to the Police Department. (01:56:02) COUNCIL COMMITTEE APPOINTMENT ANNOUNCEMENTS — None AB 1234 REPORTING — None OPENNESS IN NEGOTIATION DISCLOSURES — None CITY MANAGER'S REPORT — None CONSENT CALENDAR (Items 16-21) Councilman Gruel pulled Item #19 for further discussion. 226 Council/PFA Regular Meeting Minutes April 7, 2026 Page 8 of 11 City Clerk 16. 26-292 Approved and Adopted Minutes A motion was made by McKeon, second Burns, to approve and adopt the City Council/Public Financing Authority regular meeting minutes of March 17, 2026. The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark Community and Library Services 17. 26-305 Approved Amendment No. 2 between the State of California, acting through the Department of Parks and Recreation, and the City of Huntington Beach for the Operating Agreement OA-40 for Bolsa Chica State Beach A motion was made by McKeon, second Burns, to authorize the Mayor to execute Amendment No. 2 to Operating Agreement OA-40 between the State of California, Department of Parks and Recreation, and the City of Huntington Beach and return Amendment No. 2 to State Parks for final processing. The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark Community Development 18. 26-220 Adopted Resolution No. 2026-07 declaring weeds and rubbish a public nuisance and scheduling a Public Hearing on May 5, 2026, at 6:00 p.m. to hear protests and objections to the abatement A motion was made by McKeon, second Burns, to adopt Resolution No. 2026-07, "A Resolution of the City Council of the City of Huntington Beach Finding and Declaring That Certain Weeds Growing in the City and Rubbish and Refuse Deposited on Public Ways and Private Property are a Public Nuisance; and Fixing the Time for Hearing Protests and Objections to the Abatement Thereof." The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark 19. 26-283 Approved and authorized execution of 3-year Professional Services Contracts in the amount of $700,000 for On-Call Environmental California Environmental Quality Act (CEQA) Services with LSA Associates, Inc. (LSA), Environmental Science 227 Council/PFA Regular Meeting Minutes April 7, 2026 Page 9 of 11 Associates (ESA), Environmental Planning Development Solutions (EPD), and Michael Baker International, Inc. (MBI) Councilman Gruel pulled this item to clarify for the benefit of the public that the $700,000 is not an allocation of funds, but rather development contractors reimburse the City for CEQA environmental analysis that may be required for any specific project. He further explained that pre-approving these contractors can save three or four months of project time when these contractor services may be required, so this is part of the City's project streamlining efforts. Community Development Director Jennifer Villasenor confirmed that all project developer contracts include a reimbursement agreement for CEQA-required studies. Mayor McKeon confirmed with Director Villasenor that this item also opens the door for doing business with some smaller businesses. A motion was made by Gruel, second Burns, to approve and authorize the Mayor and City Clerk to execute $700,000 "Professional Services Contract between the City of Huntington Beach and LSA Associates, Inc. for On-Call Environmental (CEQA) Services"; and, approve and authorize the Mayor and City Clerk to execute $700,000 Professional Services Contract between the City of Huntington Beach and Environmental Science Associates, for On-Call Environmental (CEQA) Services"; and, approve and authorize the Mayor and City Clerk to execute $700,000 "Professional Services Contract between the City of Huntington Beach and Environmental Planning Development Solutions (EPD), for On-Call Environmental (CEQA) Services"; and, approve and authorize the Mayor and City Clerk to execute $700,000 "Professional Services Contract between the City of Huntington Beach and Michael Baker International, Inc., for On-Call Environmental (CEQA) Services". The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark Police 20. 26-289 Approved of Sole-Source Purchase and Installation of Two Trakka TL-360 Searchlight System for Police Department Air Support Unit A motion was made by McKeon, second Burns, to approve sole-source purchase and installation of Trakka TL-360 Searchlight system. The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark Public Works 21. 26-227 Approved and Authorized the Mayor and City Clerk to Execute the Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement 228 Council/PFA Regular Meeting Minutes April 7, 2026 Page 10 of 11 A motion was made by McKeon, second Burns, to approve and authorize the Mayor and City Clerk to execute the Amended and Restated National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement. The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark ADMINISTRATIVE ITEMS 22. 26-324 WITHDRAWN by Councilmembers to implement Request for Proposal (RFP) process. Presentation of Professional Services Contract Between the City of Huntington Beach and Wolffhaus for Brand, Media, Press and Digital Ecosystem Comprehensive Audit, Marketing, and Assessment Services for City Council Consideration COUNCIL MEMBER ITEMS 23. 26-336 Approved Item Submitted by Councilman Gruel and Councilman Williams — Discussion of State Audit Councilman Gruel noted this item was discussed and read during Closed Session. Councilman Williams read the City Council Member Memorandum (Attachment #1): "Authorize legal counsel to commence settlement discussions with counsel for the State Auditor, regarding the Grant Parks case. The goal would be to arrive at a settlement of the lawsuit, thereby ending further legal fees and related matters. Any settlement agreement would be submitted at a future Council meeting for review and approval." A motion was made by Williams, second Gruel, to authorize legal counsel to commence settlement discussions with counsel for the State Auditor, regarding the Grant Parks case. The goal would be to arrive at a settlement of the lawsuit, thereby ending further legal fees and related matters. Any settlement agreement would be submitted at a future Council meeting for review and approval. The motion carried by the following roll call vote: AYES: Gruel, Kennedy, McKeon, Burns, and Williams NOES: None ABSENT: Twining, and Van Der Mark ADJOURNMENT — At 8:04 PM a motion was made by Burns, with a second by McKeon, to adjourn to the next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority on Tuesday, April 21, 2026, 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 229 Council/PFA Regular Meeting Minutes April 7, 2026 Page 11 of 11 _______________________________________ 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 230 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-225 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Travis Hopkins, City Manager PREPARED BY:Jessica Kelley, Homeless Services Manager Subject: Approve and authorize execution of a Memorandum of Understanding (MOU) between the City of Huntington Beach (City) and the County of Orange (County) for Capital Improvements and Services at Huntington Beach Navigation Center Statement of Issue: This MOU establishes guidelines for the implementation and administration of the Homeless Housing, Assistance and Prevention Program (HHAP) funding to support Capital Improvement and Services at the Huntington Beach Navigation Center (HBNC). The City operates HBNC as an emergency shelter program that provides 164 beds to individuals experiencing homelessness within the City boundaries. HBNC needs some capital improvements to address wear and tear associated with daily usage of the facility and additional repairs and upgrades that would improve the participant’s experience. Through this MOU, the County will provide HHAP funding to the City to support the implementation of capital improvement projects and gain access to (up to) five (5) beds, if available. Financial Impact: City to receive a lump sum $500,000 grant from the County within 30 days of a fully executed MOU. Recommended Action: Approve and authorize the City Manager to execute the Memorandum of Understanding between the City of Huntington Beach and the County of Orange for Capital Improvements and Services at the Huntington Beach Navigation Center. Alternative Action(s): Do not approve the recommended action, and direct staff accordingly. Analysis: City of Huntington Beach Printed on 4/15/2026Page 1 of 2 231 File #:26-225 MEETING DATE:4/21/2026 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: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Memorandum of Understanding between the City of Huntington Beach and the County of Orange for Capital Improvements and Services at the Huntington Beach Navigation Center. 2. PowerPoint Presentation City of Huntington Beach Printed on 4/15/2026Page 2 of 2 232 233 Memorandum Of Understanding Between County Of Orange And City Of Huntington Beach For Capital Improvements And Services At Huntington Beach Navigation Center This Memorandum of Understanding ("MOU") is entered into upon execution of necessary signatures, by and between the County Executive Office, Office of Care Coordination, hereinafter referred to as "County," and the City of Huntington Beach, hereinafter referred to as "City." County and City may be referred to individually as "Party" and collectively as the "Parties". This MOU establishes the specific guidelines for the implementation and administration of the Homeless Housing, Assistance and Prevention Program (HHAP) funding to support Capital Improvement and Services at the Huntington Beach Navigation Center located at 17631 Cameron Lane, Huntington Beach, CA 92647, herein after referred to as "HBNC". The relationship between County and City, with regard to this MOU, is based upon the following: I. This MOU sets forth the procedures authorized by both the County and City, for their respective employees to follow in implementing and operating the Capital Improvements and Services at the HBNC. 2. This is a financial MOU and is a legally binding agreement based on the promises of the Parties. 3. The City, through staffing and/or subcontracted provider(s), is to provide the services and activities described in this MOU that benefit persons who are experiencing homelessness and are eligible to access the HBNC pursuant to the guidelines set forth in this MOU. References to the City throughout this MOU will include any services and activities provided through the subcontracted provider(s). I. BACKGROUND On September 29, 2019, the County entered into a Subrecipient Agreement with the City to transfer a Sprung shelter facility and other equipment, as well as a grant amount to be used to facilitate compliance with COVID-19 related public health measures, including care for homeless populations of Orange County to facilitate compliance with COVID-19 related public health measures, including care for homeless populations provided to mitigate COVID-19 effects and enable compliance with COVID-19 health precautions. Since then, the City has operated HBNC as an emergency shelter program that provides 164 beds to individuals experiencing homelessness within the City boundaries and provides case management, housing navigation and access to other supportive services with the goal. Page 1 of21 234 I-IBNC is in need of some capital improvements to address the wear and tear associated with daily usage of the facility and additional repairs and upgrades that would improve the participant's experience. Through this MOU, the County will provide HHAP funding to the City to support the implementation of the capital improvements projects and gain access to five (5) As Available Beds at the HBNC during the term of the MOU. II. PURPOSE III. The purpose of this MOU is to establish the procedure for the County and City to provide funding in support of capital improvements needed and outlines the mechanism for the County to refer up to 5 individuals who meet the criteria under Section 5 of this MOU to As Available Beds at the HBNC during the term of the MOU. TERM The term of this MOU is upon execution of necessary signatures to June 30, 2028, unless earlier terminated pursuant to the provisions of Paragraph 21 of this MOU; however, the Parties shall be obligated to perform such duties as would normally extend beyond this term, including, but not limited to, obligations with respect to indemnification, reporting and confidentiality. IV. DEFINITIONS A. As Available Beds: refers to a minimum of five (5) beds at the HBNC for the Office of Care Coordination to refer Eligible Participants, available on a first-come, first-served basis. These may include beds designated for men, women, non-binary individuals, and couples. B. Clll'onic Homelessness: HUD defines an individual or household to be experiencing chronic homelessness if: a. The head of household has a disability, as defined in section 401(9) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360(9)), who: I. Lives in a place not meant for human habitation, a safe haven, or in an emergency shelter; and 2. Has been homeless and living as described in paragraph (1 )(i) of this definition continuously for at least 12 months or on at least 4 separate occasions in the last three (3) years, as long as the combined occasions equal at least 12 months and each break in homelessness separating the occasions included at least seven (7) consecutive nights of not living as described in paragraph (I )(i). Stays in institutional care facilities for fewer than 90 days will not constitute as a break in homelessness, but rather such stays are included in the 12-month total, as long as the individual was living or residing in a place not meant for human habitation, a safe haven, or an emergency shelter immediately before entering the institutional care facility; b. An individual who has been residing in an institutional care facility, including a jail, substance abuse or mental health treatment facility, hospital, or other similar facility, for fewer than 90 days and met all of the criteria in paragraph(!) of this definition, before entering that facility; or Page 2 of21 235 c, A household with an adult head of household who meets all of the criteria in paragraph (1) or (2) of this definition, including a household whose composition has fluctuated while the head of household has been experiencing homelessness, C. County of Orange Standards of Care for Emergency Shelter (Standards of Care) are a comprehensive set of administrative, operational, and facility-based standards designed to support the qnality and consistency of program operations, evidence-based participant services, core organizational and administrative functions, and facility design and operations. Reference Attachment A. D. Eligible Participant: An individual experiencing homelessness in Orange County who meets the criteria as detailed in Section 5. Population to be Served. E. Homelessness: HUD defines an individual or family as experiencing homelessness, if the individual or family meets any of the following conditions a. An individual or family who lacks a fixed, regular, and adequate nighttime residence. b. An individual or family with a primary night-time residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including, but not limited to, a car, park, abandoned building, bus station, train station, airport, or camping ground. c. An individual or family living in a supervised publicly or privately-operated shelter designated to provide temporary living arrangements, including hotels or motels paid for by state or local government programs for low-income individuals or by charitable organizations, congregate shelters, or transitional housing. d. An individual who resided in a shelter or place not meant for human habitation and who is exiting an institution where he or she temporarily resided. e. An individual or adult only household who will imminently lose their housing, including, but not limited to, housing they own, rent, or live in without paying rent, are sharing with others, or rooms in hotels or motels not paid for by state or local government programs for low-income individuals or by charitable organizations, as evidenced by any of the following: I. A court order resulting from an eviction action that notifies the individual or family that they must leave within fourteen (14) days. 2. The individual or family having a primaiy nighttime residence, that is a room in a hotel or motel and where they lack the resources necessary to reside there for more than fourteen (14) days. 3. Credible evidence indicating that the owner or renter of the housing will not allow the individual or family to stay for more than fourteen (14) days, and any oral statement from an individual or family seeking homeless assistance that is found to be credible shall be considered credible evidence for purposes of this clause. F, Homeless Housing, Assistance and Prevention (HHAP) is a state funding source from the California Department of Housing and Community Development, which is intended to support local jurisdictions in their unified regional response to prevent and end homelessness in their regions. G. HUD refers to the U.S. Department of Housing and Urban Development, which has oversight responsibilities for the use of federal funds provided to entitlement communities. Page 3 of21 236 V. VI. H. Office of Care Coordination is the division in the County Executive Office that coordinates homeless services programs for participants who are experiencing homelessness or at risk of homelessness. This includes OC Outreach & Engagement (OC O&E). I. Outreach is the professional activity of trained homeless outreach workers to meet the immediate needs of people experiencing homelessness in unsheltered locations by connecting them with emergency shelter, housing, or critical services, and providing them with urgent, non-facility-based care through engagement, linkage and referrals. J. Referrals is the linkage of eligible participants to appropriate supportive services, which may include activities that involve educating the community about services offered and requirements for participation in programs. POPULATION TO BE SERVED ' A. HBNC provides services to adult individuals, aged 18 and older, and adult-only households who are experiencing homelessness in Huntington Beach. Such individuals and household members must be able to meet all Activities of Daily Living (AOL) and must have no open felony warrants, must not be sex offender (pursuant to Penal Code 290), and must not have any known convictions or pending charges for arson ( e.g. Penal Code 451 ). Further, such individuals, or at least one member of such household, must have verifiable ties to Huntington Beach, based on the following criteria: a. A documented permanent address in Huntington Beach within the last five years; b. If experiencing homelessness longer than five years, a documented last permanent address in Huntington Beach. c. Current employment in Huntington Beach or verifiable employment in Huntington Beach within the past six months (such as a pay stub). d. Full-time enrollment at Golden West College or enrollment in full-time-considered program (e.g. cosmetology, mechanics ce1iification, etc.) in Huntington Beach. e. A family member (as defined in the FHA Single Family Housing Policy Handbook 4000.1) currently residing in Huntington Beach. CITY RESPONSIBILITIES A. Capital Improvements a. City shall contract directly with, make payment for, and collect applicable back-up documentation of all HHAP funded capital improvements made at HBNC. b. City shall ensure that capital improvements meet eligible costs and program requirements set forth in the HHAP guidelines and this MOU. c. City shall ensure that capital improvements are coordinated with the HBNC and impacts on the operations and participants are minimized. Page 4 of 21 237 d, The City will complete some or all of the following capital improvements during the term of the MOU, as funding allows. The parties acknowledge that the total cost of identified repairs exceeds $500,000. Accordingly, the City will determine the timing, prioritization, and scope of such improvements based on available funds, operational needs, and overall project considerations. 1. Repair of Sprung Structure Lining. Repairs to the base of the structure are necessary to reinforce the lining seal and will include asphalt grading for improved draining. Estimated cost: $75,000. 2. Paint. Paint exterior and interior of facility, including specialized floor paint for the Sprung Structure. Estimated cost: $80,000. 3. Dining Hall AC System Replacement. Replace the AC system to meet the space demands. Estimated cost: $25,000. 4. Pet Station. Relocation of pet area from proximity of dining hall to perimeter. Estimated cost: $5000. 5. Dining Hall Furniture. Replace tables and chairs in the dining hall. Estimated cost: $3500. 6. Laundry Room Ventilation. Replace existing laundry room ventilation system. Estimated cost: $3000. 7. Security Cameras. Update existing, non-operational security camera system. Estimated cost: $2500. 8. Shade Cover. Replace shade cover for outdoor, recreation space. Estimated cost: $1000. 9. Replace or repair front office/navigator offices building. Estimated cost: $500,000. 10. Replace current restrooms. Estimated cost: $750,000. B. Standards of Care a. City shall implement and operate the HBNC in accordance with the Standards of Care through the term of the MOU. b. City shall request administrative and technical support from the County to ensure proper and timely implementation of the Standards of Care upon the effective date of the MOUS. c. City shall coordinate and collaborate with the County tluough the Grievance and Dispute Resolution Process, as outlined in the Standards of Care, as necessaty, for all county referred participants at HBNC. d. City shall make county-referred participant files and administrative records available to the County, in a timely manner as requested, as part of the annual monitoring process of the Standards of Care. e. County acknowledges that 1-IBNC does not currently provide the County preferred number of restrooms and hereby waives this requirement as applied to the 1-IBNC. Page 5 of21 238 C. As Available Beds Coordination a. City shall at minimum provide the County with access to five (5) As Available Beds for the Office of Care Coordination to refer Eligible Participants on a first-come, first-served basis. b. The City shall provide information on HBNC's bed availability, vehicle parking spots and pets and on a daily basis in order for the Office of Care Coordination to coordinate referrals. c. City shall work with the operator of the HBNC to establish a tracking process and workflow to ensure that refctTals from the Office of Care Coordination are processed timely. d. City shall process referral forms (Attachment B) received from the Office of Care Coordination via email within 24 hours, Monday through Friday based on bed availability. A referral form received from the Office of Care Coordination during the weekend or holiday shall be processed by the City during the next business day. e. City social workers shall communicate with the Office of Care Coordination if the person being referred to HBNC is eligible and meets the criteria set forth in Section 5. Population to be Served. D. Administrative Responsibilities. a. City shall provide to the County, by the twentieth (20 th ) calendar day following the end of the quarter, a quarterly report on Capital Improvement activities completed to date to the County. The reporting shall include a brief natTative detailing the capital improvement activities accomplished, activities in progress, along with any updates on challenges or expected delays, and financial reporting of expenditures. b. City shall provide daily occupancy reporting of the 5 As Available Beds to the County by IO a.m. at the latest each day. The reporting should include the HMIS unique identifier and/or name of participant who vacated a bed if a new vacancy is being reported. c. City shall maintain accurate and complete financial records as a separate ledger for all HHAP Activity costs related to capital expenditure under the terms of this MOU, including payment processing and budget tracking, invoices, purchase orders, sources and uses of funds, terms and conditions of financing, and all supportive documentation submitted by subrecipients for reimbursement and change orders (as appropriate). d. City shall assist County with any monitoring and/or audits deemed necessary. e. City shall attend County training courses and conferences that will include, but not be limited to, new California Department of Housing and Community Development Page 6 of21 239 regulations impacting HI-IAP funding and documentation of procedures and dissemination of changes to staff. VII. COUNTY RESPONSIBILITIES. A. County will act as a pass-through agency for HI-IAP funds. Except for County's responsibility related to the HHAP Program as set forth in this MOU, City will be responsible for completing the capital improvements as set forth in this MOU. B. Standards of Care a. County shall provide administrative and technical support to the City to ensure proper and timely implementation of the Standards of Care upon the effective date of the MOU. b. County shall conduct annual monitoring ofl-IBNC in accordance with the Standards of Care and will coordinate with the City for its scheduling. C. As Available Beds Coordination a. County pre-screen potential participants for the HBNC based on the criteria outlined in Section 5. and the referral form. b. County shall complete referral forms of potential participants for the HBNC and email the completed refen-al forms to the City. c. County shall coordinate intake into HBNC with the City to ensure that no eligible participants walk up to the I-IBNC, but are instead transported in. d. County shall continue to outreach to and engage any participant who exits the HBNC and is experiencing unsheltered homelessness in Huntington Beach. D. Administrative a. County shall participate in meetings with the City to address any items as detailed in the MOU. VIII. ELIGIBLE EXPENSES A. The amount of County Funds allocated to the City available under this MOU, effective upon the execution of the MOU, to June 30, 2027, in an amount not to exceed amount of $500,000 be used for eligible capital improvements as described below. Page 7 of21 240 Capital Improvement Budget Expected Completion Activitv Date Replacement of current $500,000 June 30, 2028 restroom facilities. IX. PAYMENT A. County shall pay City a grant amount of $500,000 within 30 business days of the full execution of this MOU. All expenditure on the grant amount must be for Eligible Expenses as described in Section VIII of this MOU. B. It is understood that the County makes no commitment to funding this MOU beyond the terms set forth. X. NON-DISCRIMINATION A. In the performance of this MOU, City agrees that it shall not engage nor employ any unlawful discriminatory practices in the admission of clients, provision of services or benefits, assignment of accommodations, treatment, evaluation, employment of personnel, or in any other respect, on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, military and veteran status, or any other protected group, in accordance with the requirements of all applicable federal or State laws. • B. City shall furnish any and all information requested by County related to HHAP funding and shall permit County access, during business hours, to books, records, and accounts related to HHAP funding in order to asce1iain City's compliance. C. City shall comply with Titles VI and VII of the Civil Rights Act of 1964, as amended; Section 504 of the Rehabilitation Act of 1973, as amended; the Age Discrimination Act of 1975, as amended; the Food Stamp Act of 1977, as amended, and in paiiicular 7 Code of Federal Regulations (CFR) section 272.6; Title II of the Americans with Disabilities Act of 1990; California Civil Code Section 51 et seq., as amended; California Government Code (CGC) Sections 11135-11139.5, as amended; CGC Section 12940 (c), (h), (i), and G); CGC Section 4450; Title 22, California Code of Regulations (CCR) Sections 98000-98413; the Dymally-Alatorre Bilingual Services Act (CGC Section 7290-7299.8); Section 1808 of the Removal of Barriers to Interethnic Adoption Act of 1996; and other applicable federal and State laws, as well as their implementing regulations (including Title 45 CFR Parts 80, 84, and 91; Title 7 CFR Part 15; and Title 28 CFR Pmi 42), and any other law pertaining to Equal Employment Opportunity, Affirmative Action, and Nondiscrimination, as each may now exist or be hereafter amended. Page 8 of21 241 XI. SUBCONTRACTS A. City shall not subcontract for services under this MOU without the prior written consent of County. If County consents in writing to a subcontract, in no event shall the subcontract alter, in any way, any legal responsibility of City to County. All subcontracts must be in writing and copies of same shall be provided to County, City shall include in each subcontract any provision County may require. B. Subcontracts of$50,000 or less City shall develop a standard form Purchase Order, subject to prior written approval of County, to be utilized for the purchase of services by City when the cumulative total cost of the services to be provided by any organization anticipated to be fifty thousand dollars ($50,000) or less during the term of this MOU. The basis for costs incurred by any such Purchase Order(s) shall be the actual cost of providing services or the usual and customary charges established by the organization(s) providing the services. C. Subcontracts in excess of $50 000 City shall develop and submit for approval to County a system for the procurement of subcontracts with any organization in which the total cumulative cost of services provided by any single organization is anticipated to exceed fifty thousand dollars ($50,000) during the term of this MOU. City's proposed procurement system shall take into consideration such factors as: degree of price competition; pricing policies and techniques; experience and quality of service; methods of evaluating subcontractor responsibility; relationship of subcontractor to City planning, award, and post-award management of subcontracts, including internal audit procedures and monitoring of subcontractor's performance until completion of services. D. Upon County's approval of City's proposed procurement system, City shall comply with such procurement system in obtaining subcontracts with a total cost in excess of fifty thousand dollars ($50,000) during the term of this MOU. E. City and its subcontractor(s) shall establish and maintain accurate and complete financial records related to services provided under the terms of th.is MOU. Such records may be subject to the satisfaction of County, and to the examination and audit by County or designee, for a period of five (5) years or until any pending audit is completed. XII. CONFIDENTIALITY A. All records and information concerning any and all persons referred to City by County or County's designee shall be considered and kept confidential by City, City's employees, agents, subcontractors, and all other individuals performing services under this MOU, and shall remain confidential consistent with all applicable Federal, State and local laws and regulations. City shall require all of its employees, agents, and subcontractors, and all other individuals performing services under this MOU to before Page 9 of 21 242 commencing the provision of any such services to agree to maintain confidentiality pursuant to this MOU. B. City shall inform all of its employees, agents, and subcontractors, and all other individuals performing se1vices under this MOU, of this provision and that any person violating the provisions of said California state law may be guilty of a crime. C. City agrees that any and all subcontracts entered into shall be subject to the confidentiality requirements of this MOU. XIII. PUBLICITY, LITERATURE, ADVERTISEMENTS AND SOCIAL MEDIA A. County owns all rights to the name, logos, and symbols of County. The use and/or reproduction of County's name, logos, or symbols for any purpose, including commercial advertisement, promotional purposes, announcements, displays, or press releases, without County's prior written consent is expressly prohibited. B. City may develop and publish information related to this MOU where all of the following conditions are satisfied, excepting City notification of the execution of, and reproduction of, this MOU, as subcontracted providers, is permissible: a. County provides its written approval of the content and publication of the information at least 30 days prior to City publishing the information, unless a different timeframe for approval is agreed upon by County; b. Unless directed otherwise by County, the information includes a statement that the program, wholly or in paii, is fonded through County, State and Federal Government funds; c. The information does not give the appeai·ance that the County, its officers, employees, or agencies endorse: I. Any commercial product or service; and, 2. Any product or service provided by City, unless approved in writing by County; and d. If City uses social media (such as Facebook, X, YouTube or other publicly available social media sites) to publish information related to this MOU, City shall develop social media policies and procedures and have them available to the County. City shall comply with County Social Media Use Policy and Procedures as they pertain to any social media developed in support of the services described within this MOU. The policy is available on the Internet at http://www.ocgov.com/gov/ceo/cio/govpolicies. Page 10 of21 243 XIV. INDEMNIFICATION A. City agree to indemnify, defend, with counsel approved in writing by County, and hold the State, County, and their elected and appointed officials, officers, employees, agents, and those special districts and agencies which County's Board of Supervisors acts as the governing Board ('County INDEMNITEES') harmless from any claims, demands, or liability of any kind or nature, including, but not limited to, personal injury or property damage, arising from or related to the services, products, or other performance provided by City pursuant to this MOU. If judgment is entered against City and County by a court of competent jurisdiction because of the concurrent active negligence of County or County Indemnitces, City and County agree that liability will be appo1iioned as determined by the court. Neither party shall request a jury apportionment. XV. INSURANCE A. Prior to the provision of services under this MOU, City agrees to purchase all required insurance at City's expense, including all endorsements required herein, necessary to satisfy County that the insurance provisions of this MOU have been complied with. City agrees to keep such insurance coverage, Certificates of Insurance and endorsements on deposit with County during the entire term of this MOU. In addition, all subcontractors performing work on behalf of City pursuant to this MOU shall obtain insurance subject to the same terms and conditions as set forth herein for City. B. City shall ensure that all subcontractors performing work on behalf of City pursuant to this MOU shall be covered under City's insurance as an Additional Insured or maintain insurance subject to the same terms and conditions as set forth herein for City. City shall not allow subcontractors to work if subcontractors have less than the level of coverage required by County from City under this MOU. It is the obligation of City to provide notice of the insurance requirements to every subcontractor and to receive proof of insurance prior to allowing any subcontractor to begin work. Such proof of insurance must be maintained by City through the entirety of this MOU for inspection by County reprcsentative(s) at any reasonable time. C. All self-insured retentions (SIRs) shall be clearly stated on the Certificate of Insurance. Any SIR in an amount in excess of fifty thousand dollars ($50,000), shall specifically be approved by the County of Orange Risk Manager, or designee, upon review of City's current audited financial report. If City's SIR is approved, City, in addition to, and without limitation of, any other indemnity provision(s) in the MOU, agrees to all of the following: a. In addition to the duty to indemnify and hold County harmless against any and all liability, claim, demand or suit resulting from City's agents, employees or subcontractor's performance of this MOU, City shall defend County at its sole cost and expense with counsel approved by Board of Supervisors against same; and b. City's duty to defend, as stated above, shall be absolute and irrespective of any duty to indemnify or hold harmless; and Page 11 of21 244 c. The provisions of California Civil Code Section 2860 shall apply to any and all actions to which the duty to defend stated above applies, and City's SIR provisions shall be interpreted as though City was an insurer and County was the insured. D. If City fails to maintain insurance acceptable to County for the full term of this MOU, County may terminate this MOU. E. Qualified Insurer: a. The policy or polices of insurance required herein must be issued by an insurer with a minimum rating of A-(Secure A.M. Best's Rating) and VIII (Financial Size Category as determined by the most current edition of the Best's Key Rating Guide/Property­ Casualty/United States or ambest.com). It is preferred, but not mandatory, that the insurer be licensed to do business in the state of California (California Admitted Carrier). F. If the Insurance carrier does not have an A.M. Best Rating of A-/VIII, the CEO/Office of Risk Management retains the right to approve or reject a carrier after a review of the company's performance and financial rating. G. The policy or policies of insurance maintained by City shall provide the minimum limits and coverage as set forth below: Coverage Minimum Limits Commercial General Liability $1,000,000 per occurrence $2,000,000 aggregate Workers' Compensation Statutory Employer's Liability Insurance $1,000,000 per occurrence Network Security & Privacy $1,000,000 per claims made Liability Professional Liability Insurance $1,000,000 per claims made $1,000,000 aooregate H. Required Coverage Forms a. Commercial General Liability coverage shall be written on Insurance Services Office (ISO) form CG 00 0 I or a substitute form providing liability coverage at least as broad. b. Business Auto Liability coverage shall be written on ISO form CA 00 01, CA 00 05, CA 0012, CA 00 20 or a substitute form providing coverage at least as broad. I. Required Endorsements a. Commercial General Liability policy shall contain the following endorsements, which shall accompany the Certificate oflnsurance: Page 12 of21 245 1. An Additional Insured endorsement using ISO form CG 20 26 04 13, or a form at least as broad, naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insured or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. 2. A primary non-contributing endorsement using ISO form CG 20 OJ 04 13, or a fo1111 at least as broad, evidencing that City's insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. b. The Network Security and Privacy Liability policy shall contain the following endorsements which shall accompany the Certificate ofinsurance. 1. An Additional Insured endorsement naming the County of Orange, its elected and appointed officials, officers, agents and employees as Additional Insured for its vicarious liability. 2. A primary and non-contributing endorsement evidencing that the City's insurance is primary, and any insurance or self-insurance maintained by the County of Orange shall be excess and non-contributing. J. The Workers' Compensation policy shall contain a waiver of subrogation endorsement waiving all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees or provide blanket coverage, which will state AS REQUIRED BY WRITTEN CONTRACT. K. All insurance policies required by this MOU shall waive all rights of subrogation against the County of Orange, its elected and appointed officials, officers, agents and employees when acting within the scope of their appointment or employment. L. City shall notify County in writing within thirty (30) clays of any policy cancellation and ten (10) days for non-payment of premium and provide a copy of the cancellation notice to County. Failure to provide written notice of cancellation may constitute a material breach of the contract, upon which the County may suspend or terminate this MOU. M. If City's Professional Liability and/or Network Security and Privacy Liability policies are a "claims made" policy, City shall agree to maintain coverage for two (2) years following completion of this MOU. N. The Commercial General Liability policy shall contain a severability of interests clause also known as a "separation of insured" clause (standard in the ISO CG 0001 policy). 0. Insurance certificates should be mailed to County at the address indicated in Paragraph XX of this MOU. P. Failure of City to provide the insurance certificates and endorsements within seven (7) days of notification by CEO/County Procurement Office or County, will result in a breach of Page 13 of21 246 this MOU. Q. County expressly retains the right to require City to increase or decrease insurance of any of the above insurance types throughout the term of this MOU. Any increase or decrease in insurance will be as deemed by County of Orange Risk Manager as appropriate to adequately protect County. R. County shall notify City in writing of changes in the insurance requirements. If City does not deposit copies of acceptable certificates of insurance and endorsements with County incorporating such changes within thirty (30) days ofreceipt of such notice, this MOU may be in breach without further notice to City, and County shall be entitled to all legal remedies. S. The procuring of such required policy or policies of insurance shall not be construed to limit City's liability hereunder nor to fulfill the indemnification provisions and requirements of this MOU, nor aet in any way to reduce the policy coverage and limits available from the insurer. T. County has reviewed and approved the Insurance Certificate provided by City's service provider, Mercy House, a copy of which is attached hereto, and accepts such coverage in full satisfaction of the requirements of this Section XV. XVI. SECURlTY A. Security Requirements a. City agrees to maintain the confidentiality of all County and County-related records and information pursuant to all statutory laws relating to privacy and confidentiality that currently exists or exists at any time during the term of this MOU, so long as consistent with the requirements of Federal and State law, including, but not limited to, the California Public Records Act. City represents and warrants that it has implemented and will maintain during the term of this MOU, administrative, physical, and technical safeguards to reasonably protect private and confidential client information, to protect against anticipated threats to the security or integrity of County data, and to protect against unauthorized physical or electronic access to or use of County data. Such safeguards and controls shall include at a minimum: I. Storage of confidential paper files that ensures records are secured, handled, transported, and destroyed in a manner that prevents unauthorized access. 2. Control of access to physical and electronic records to ensure County data is accessed only by individuals with a need to know for the delive1y of MOU services. 3. Control to prevent unauthorized access and to prevent City employees from providing County data to unauthorized individuals. 4. Firewall protection. Page 14 of21 247 XVII. 5. Use of encryption methods of electronic County data while in transit from City networks to external networks, when applicable. 6. Measures to securely store all County data, including, but not limited to, encryption at rest and multiple levels of authentication and measures to ensure County data shall not be altered or corrupted without County's prior written consent. City further represents and warrants that it has implemented and will maintain during the term of this lvlOU administrative, technical, and physical safeguards and controls consistent with State and federal security requirements. B. Security Breach Notification a. City shall have policies and procedures in place for the effective management of Security Breaches, as defined below. In the event of any actual, attempted, suspected, threatened, or reasonably foreseeable circumstance City experiences or learns of that either compromises or could reasonably be expected to comprise County data through unauthorized use, disclosure, or acquisition of County data ("Security Breach"), City shall immediately notify County of its discove1y. After such notification, City shall, at its own expense, immediately: 1. Investigate to determine the nature and extent of the Security Breach. 2. Contain the incident by taking necessary action, including, but not limited to, attempting to recover records, revoking access, and/or correcting weaknesses in security. 3. Repmt to County the nature of the Security Breach, the County data used or disclosed, the person who made the unauthorized use or received the unauthorized disclosure, what City has done or will do to mitigate any harmful effect of the unauthorized use or disclosure, and the corrective action City has taken or will take to prevent future similar unauthorized use or disclosure. b. The County, at its sole discretion and on a case-by-case basis, will determine what actions are necessa,y in response to the Security Breach and who will perform these actions. Actions may include, but are not limited to: notifications; investigation and remediation costs, including notification of all whose personal information was disclosed; outside investigation; forensics; counsel; crisis management; and credit monitoring. In the event County determines City will conduct additional action(s), City shall bear the costs. In the event County conducts additional actions(s) arising out of or in connection with a Security Breach, City shall reimburse County for costs associated to legally required actions. NOTIFICATION OF INCIDENTS, CLAIMS, OR SUITS City shall repo1t to County, in writing within twenty-four (24) hours of occurrence, the following: Page 15 of21 248 XVIII. A. Any accident or incident relating to services performed under this MOU that involves injury or property damage which may result in the filing of a claim or lawsuit against City and/or County. B. Any third-party claim or lawsuit filed against City arising from or relating to services performed by City under this MOU. C. Any injury to an employee of City that occurs on County property. D. Any loss, disappearance, destruction, misuse, or theft of any kind whatsoever of County property, monies, or securities entrusted to City under the term of this MOU. RECORDS A. Client Records a. City shall prepare and maintain accurate and complete records, or provide the same to County if services are provided by another organization, of clients served and dates and type of services provided under the terms of this MOU in a form acceptable to County. b. City shall keep all County data provided to City during the term(s) of this for a minimum of five (5) years from the date of final payment under this MOU or until all pending County, State, and federal audits are completed, whichever is later. These records shall be stored in Orange County, unless City requests and County provides written approval for the right to store the records in another County. Notwithstanding anything to the contrary, upon termination of this MOU, City shall relinquish control with respect to County data to County in accordance with Subparagraph B. B. Public Records a. To the extent permissible under the Jaw, all records, including, but not limited to, reports, audits, notices, claims, statements, and correspondence, required by this MOU may be subject to public disclosure pursuant to the California Public Records Act, or other applicable law. County will not be liable for any such disclosure. XIX. PERSONNEL DISCLOSURE A. This Paragraph XIX applies to all of City's personnel providing services through this MOU, paid and unpaid (herein referred to as "Personnel"). B. City shall make available to County a current list of all Personnel providing services hereunder, including resumes and job applications. Changes to the list will be immediately provided to County in writing, along with a copy of a resume and/or job application. The list shall include: a. Names and dates of birth of all Personnel by title, whose direct services are required to provide the programs described herein; Page 16 of21 249 b. A brief description of the functions of each position and the hours each person works each week, or for part-time Personnel, each day or month, as appropriate; c. The professional degree, if applicable, and experience required for each position; and cl. The language skill, if applicable, for all Personnel. C. Where authorized by law, and in a manner consistent with California Government Code § 12952, City shall require prospective Personnel to provide detailed information regarding the conviction of a crime, by any court, for offenses other than minor traffic offenses. Information discovered subsequent to the hiring or promotion of any prospective Personnel shall be cause for termination from the performance of services under this MOU. D. Where authorized by law, City shall conduct, at no cost to County, a criminal record background check on all Personnel who will have direct, interactive contact with clients served through this MOU. Background checks conducted through the California Depat1ment of Justice shall include a check of the California Central Child Abuse Index, when applicable. Candidates will satisfy background checks consistent with this Paragraph and their performance of services under this MOU. E. City shall ensure that clearances and background checks described in Subparagraphs 21.3 and 21.4 are completed prior to City's Personnel providing services under this MOU. F. In the event a record is revealed tluough the processes described in Subparagraphs 20.1 and 20.2, County will be available to consult with City on appropriateness of Personnel providing services through this MOU. G. City warrants that all Pers01mel assigned by City to provide services under this MOU have satisfact01y past work records and/or reference checks indicating their ability to perform the required duties and accept the kind of responsibility ai1ticipated under this MOU. City shall maintain records of background investigations and reference checks undertaken and coordinated by City for Personnel assigned to provide services under this MOU, for a minimum of five (5) years from the date of final payment under this MOU, or until all pending County, State, and federal audits are completed, whichever is later, in compliance with all applicable laws. I-1. City shall immediately notify County concerning the arrest and/or snbsequent conviction, for offenses, other tha11 minor traffic offenses, of any Personnel performing services under this MOU, when such information becomes known to City. County, in its sole discretion, may raise concerns about whether such Personnel may continue to provide services under this MOU and shall provide such concerns to City in writing. City will consider such concerns in good faith. I. City retains sole authority over the hiring, supervision, discipline, and removal of City's Personnel performing work hereunder, and any proposed changes in City's Personnel. J. City shall notify County immediately when Personnel is terminated for cause from working Page 17 of21 250 on this MOU. K, Disqualification of City Personnel shall not relieve City of its obligation to complete all work in accordance with the terms and conditions of this MOU. XX. NOTICES XXL XXII. All notices, requests, claims conespondence, reports, statements authorized or required by this MOU, and/or other communications shall be addressed as follows: COUNTY: County of Orange County Procurement office 400 West Civic Center Drive., 3rd Floor Santa Ana, CA 92701 Email address: CITY: Attn: TBD Address: TBD Email: All notices shall be deemed effective when in writing and deposited in the United States mail, first class, postage prepaid and addressed as above. Any communications, including notices, requests, claims, correspondence, repo11s, and/or statements authorized or required by this MOU, addressed in any other fashion shall be deemed not given, The Parties each may designate by written notice from time to time, in the manner aforesaid, any change in the address to which notices must be sent. CONFLICT OF INTEREST City shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the best interests of the County. This obligation shall apply to City; the City's employees, agents, and subcontractors associated with accomplishing work and services hereunder. City's efforts shall include, but not be limited to establishing precautions to prevent its employees, agents, and subcontractors from providing or offering gifts, entertainment, payments, loans or other considerations which could be deemed to influence or appear to influence County staff or elected officers from acting in the best interests of the County. POLITICAL ACTIVITY City agrees that the funds provided herein will not be used to promote, directly or indirectly, any political party, political candidate, or political activity, except as permitted by Jaw. Page 18 of21 251 XXIII. XXIV. TERMINATION A. County may terminate this MOU without penalty, immediately with cause or after thirty (30) days' written notice without cause, unless otherwise specified. Notice shall be deemed served on the date of mailing. Cause shall include, but not limited to, any breach of this MOU, any partial misrepresentation whether negligent or willful, fraud on the part of City, discontinuance of the services for reasons within City's reasonable control, and repeated or continued violations of County ordinances unrelated to performance under this MOU that, in the reasonable opinion of County, indicate a willful or reckless disregard for County laws and regulations. Exercise by County of the right to terminate this MOU shall relieve County of all further obligations under this MOU. B. For ninety (90) calendar days prior to the expiration date of this MOU, or upon notice oftennination of this MOU ("Transition Period"), City agrees to cooperate with County in the orderly transfer of service responsibilities, case records, and pet1inent documents. The Transition Period may be modified as agreed upon in writing by the Parties. During the Transition Period, services and data access shall continue to be made available to County without alteration. City also shall assist County in extracting and/or transitioning all data in the format determined by County. C. In the event of termination of this MOU, cessation of business by City, or any other event preventing City from continuing to provide services, City shall not withhold the County data or refuse for any reason, to promptly provide to County the County data if requested to do so on such media as reasonably requested by County, even if County is then or is alleged to be in breach of this MOU. D. The obligations under this MOU utilize County resources, for which funding, or portions of funding, may be contingent upon the State and/or federal budget; receipt of funds from and/or obligation of funds by the State and/or Federal Government; and inclusion of sufficient funding for the services hereunder in the budget approved by the County's Board of Supervisors for each fiscal year covered by this MOU. If such approval, funding, or appropriations are not fotihcoming, or are otherwise limited, County may terminate, reduce, or modify this MOU without penalty. E. If any term, covenant, condition, or provision of this MOU or the application thereof is held invalid, void, or unenforceable, the remainder of the provisions in this MOU shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby. SIGNATURE IN COUNTERPARTS The Parties agree that separate copies of this MOU may be signed by each of the Pa11ies, and this MOU will have the same force and effect as if the original had been signed by all Parties. City represents and warrants that the person executing this MOU on behalf of and for City is an authorized agent who has actual authority to bind City to each and Page 19 of21 252 XXV. every term, condition and obligation of this MOU and that all requirements of City have been fulfilled to provide such actual authority. GENERAL PROVISIONS A. Nothing herein contained shall be construed as creating the relationship of employer and employee, or principal and agent, between County and any participant participating in the HBNC, or any of City's agents or employees. B. This MOU, with its Exhibit(s) incorporated herein by reference represents the entire understanding of the Parties with respect to the subject matter. No change, modification, extension, termination or waiver of this MOU, or any of the understandings herein contained, shall be valid unless made in writing and signed by duly authorized representatives of the Parties hereto. C. This MOU has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this MOU, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the Parties hereto agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the Parties specifically agree to waive any and all rights to request that an action be transfe1Ted for trial to another County. D. In the performance of this MOU, City shall comply with all applicable laws and regulations of the United States, State of California, County of Orange, and all administrative regulations, rules, and policies adopted thereunder, as each and all may now exist or be hereafter amended. E. In the performance of this MOU, City may neither delegate its duties or obligations nor assign its rights, either in whole or in part, without the prior written consent of County. Any attempted delegation or assignment without prior written consent shall be void. F. The various headings, numbers, and organization herein are for the purpose of convenience only and shall not limit or otherwise affect the meaning of this MOU. Page 20 of21 253 WHEREFORE, the Parties hereto have executed the MOU in the County of Orange, California. By: _____________ _ Douglas Becht County of Orange, County Executive Office Office of Care Coordination Dated: -------------- Approved As To Form CEO Counsel County of Orange, California By: ___________ _ Deputy Dated: -------------- Page 21 of21 By: ____________ _ City Manager City of Huntington Beach Dated: ------------ Approved As To Form Office of the City Attorney, City of Huntington Beach By: ____________ _ City Attorney I&. Dated: ----------- MOU Between the County of Orange and the City of Huntington Beach for Navigation Center Capital Improvements and Services April 21, 2026 254 County Grant and Services Overview County will provide a one time lump sum capital grant of $500,000 for the Navigation Center within 30 days of signing MOU. City will provide up to five (5) beds for County use, when available. Grant funds are not contingent on bed availability. County will utilize HB ties criteria and referrals will be made by outreach and engagement via City soci al workers. 255 HBNC Capital Improvement Projects: • Sprung Structure lining repairs (est. $75,000) • Paint interior & exterior of facility (est. $80,000) • Replace AC system in dining hall (est. $25,000) • Relocate pet station away from dining hall to perimeter, re-striping parking, move storage (est. $5,000) • Replace dining hall tables and chairs (est. $3,500) • Replace laundry room ventilation system (est. $3,000) • Replace and repair security cameras (est. $2,500) • Replace shade cover in outdoor recreation area (est. $1,000) • Replace and repair front office/housing navigator’s offices (est. $500,000) • Replace current restrooms (est. $750,000) 256 Key MOU Provisions MOU term will conclude June 30, 2028 If county referred program participant voluntarily or otherwise exits the program, outreach and engagement worker will resume service referral coordination. Shelter referrals will fall only within current referral hours: Monday- Friday 8am-4pm. City and County will collaborate to provide HHAP appropriate funding reporting. 257 Questions? 258 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-272 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager PREPARED BY:Shannon Levin, Council Policy Analyst Subject: Adopt Resolution No. 2026-09 Declaring each December 5th as “Sugar the Surfing Dog Day” in the City of Huntington Beach Statement of Issue: On March 17, 2026, the City Council authorized staff to bring forth a resolution declaring every December 5th as Sugar the Surfing Dog Day. Financial Impact: Not applicable. Recommended Action: Adopt Resolution No. 2026-09 “A Resolution of the City Council of the City of Huntington Beach Declaring each December 5th as ‘Sugar the Surfing Dog Day’ in the City of Huntington Beach.” Alternative Action(s): Do not approve and direct staff otherwise. Analysis: Sugar was a true legend of the waves. With five World Dog Surf Championships and 21 first-place trophies under her collar, she dominated competitions from the Surf City Dog Championship to the Malibu Classic. Her incredible career and impact on the Huntington Beach community were officially immortalized on December 5, 2024, when she was inducted into the Surfers’ Hall of Fame. A local icon through and through, Sugar’s spirit will always be felt in the HB lineup. 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: City of Huntington Beach Printed on 4/15/2026Page 1 of 2 259 File #:26-272 MEETING DATE:4/21/2026 Attachment(s): 1. Resolution No. 2026-09 City of Huntington Beach Printed on 4/15/2026Page 2 of 2 260 261 and RESOLUTION NO. 2026-09 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING EACH DECEMBER 5TH AS "SUGAR THE SURFING DOG DAY" IN THE CITY OF HUNTINGTON BEACH WHEREAS, Sugar is a 16-year-old rescued therapy dog and renowned surfing champion; Sugar was rescued from the streets in Oakland at seven months old; when she is not surfing, she has worked as a therapy dog, comforting veterans at the VA Hospital in Long Beach; and Sugar is a six-time winner of the Surf City Dog Championship, five-time World Dog Surf Champion with 21 first place trophies and 34 trophies overall; and Sugar has won the Purina Pro Plan Incredible Dog Challenge three times, is a trophy holder for the Malibu Classic and Santa Cruz Longboard Union Contest, and a four-time Helen Woodward Animal Hospital Dog-A-Thon Champ; and Sugar is the only dog to be inducted into the Surfers' Hall of Fame on December 5, 2024; and Her legacy is marked by her unique ability to counterbalance on surfboards, her love for the ocean, and her joyful spirit that has influenced people globally; and She is a beloved member of the Huntington Beach community and will always be in the lineup and in our hearts; and To recognize a day of celebration and honor the legacy of Sugar the Surfing Dog, the City Council desires to establish December 5th as "Sugar the Surfing Dog Day" in the City of Huntington Beach. NOW, THEREFORE, the City Council of the City of Huntington Beach does hereby resolve as follows: SECTION 1. December 5t1, of each year is hereby declared to be "Sugar the Surfing Dog Day" in the City of Huntington Beach. 26-17861/40820 I 262 RESOLUTION NO. 2026-09 PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the ___ day of __________ , 2026. INITIATED AND APPROV E D: Mayor, Casey McKeon City Manager Mayor Pro Tern, Butch Twining APPROVED AS TO FORM: Councilman, Don Kennedy A City Attorney Councilwoman, Gracey Larrea-Van Der Mark Councilman, Pat Burns Councilman, Chad Williams Councilman, Andrew G ruel 2 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-245 MEETING DATE:4/21/2026 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 PREPARED BY:Kriss Casanova, Economic Development Manager Subject: Approval of New Lease Agreement with Currents Outdoor, LLC for City-Owned Property at 10449 Adams Avenue Statement of Issue: The City Council is asked to consider approval of a new lease agreement with Currents Outdoor, LLC for the operation of a wholesale nursery on City-owned property at 10449 Adams Avenue. The proposed lease establishes a five-year initial term with one optional five-year extension, sets fixed rent with annual increases, and allows for site improvements, including repairs, cleanup, and installation of a new irrigation system. The agreement also provides a minimum discount on plant purchases for City use and maintains the site’s longstanding wholesale nursery operations in accordance with its Conditional Use Permit (which limits the property to a wholesale nursery use). Currents Outdoor, LLC has executed the lease and is prepared to begin operations and site improvements upon lease commencement, pending City Council approval. Financial Impact: The lease will generate the following revenue: ·Base Rent - Year 1: $2,620 per month ·Annual Rent Increases: 2% per year Revenue will be deposited into the General Fund (10000100.43075 - Land Lease Income). Recommended Action: Approve and authorize the Mayor, City Clerk, and City Manager to execute the lease with Currents Outdoor, LLC. Alternative Action(s): Do not approve the lease and provide alternative direction to staff. City of Huntington Beach Printed on 4/15/2026Page 1 of 3 263 File #:26-245 MEETING DATE:4/21/2026 Analysis: The City-owned parcel at 10449 Adams Avenue has operated as a wholesale nursery since 1985 under a Conditional Use Permit. The property includes an access easement to an adjacent Southern California Edison (SCE) parcel, which is currently occupied by PoolMax, and is subject to SCE- imposed restrictions that limit permanent structures and certain land uses. The prior tenant had been operating on a month-to-month basis and experienced financial challenges that resulted in unpaid rent and limited reinvestment in the site. After issuing a notice to vacate, the City began evaluating options to secure a new operator. The prior tenant, who had also leased the adjacent SCE parcel, coordinated with PoolMax to relocate product and equipment to that rear parcel, which SCE subsequently reassigned to PoolMax. Staff initially engaged with Moon Valley Nursery; however, that opportunity did not move forward due to easement constraints associated with the adjacent SCE parcel. Separately, PoolMax, a local design and construction firm with nearly 30 years of experience in Huntington Beach and coastal Orange County, expressed interest in leasing the property. PoolMax currently occupies the adjacent SCE parcel and created Currents Outdoor, LLC as a related entity to operate a wholesale nursery and plant-growing use on the site. Public Works cleared and remediated the property, avoiding the need to provide a potential rent credit to a new tenant for those improvements. Following Council direction, staff negotiated a lease with Currents Outdoor, LLC, which will continue the longstanding wholesale-only nursery use of the site. The tenant plans to invest in site improvements, including fence repairs and installation of a new irrigation system, and will introduce drought-tolerant and California-native plant inventory with a focus on sustainable practices. Key Lease Terms and Public Benefits: Five (5) years, with one optional five-year extension (by mutual agreement) Wholesale nursery only (no retail sales to the general public) $2,620/month in Year 1, with 2% annual increases Six (6) months’ rent prepaid plus one-month security deposit Minimum 20% off standard wholesale pricing for City plant and tree purchases Insurance, possessory interest tax, permits, licenses, and regulatory compliance The proposed lease secures a qualified tenant, restores active use of the property, and ensures private investment in a City-owned asset. It maintains consistency with the existing Conditional Use Permit and provides public benefits including stable lease revenue, improved site conditions, and discounted plant materials for City projects. The proposed base rent reflects site constraints, including utility easements and restrictions on permanent structures, which limit the range of allowable uses and development intensity. If the lease is not approved, the property may remain vacant. This would delay site improvements, City of Huntington Beach Printed on 4/15/2026Page 2 of 3 264 File #:26-245 MEETING DATE:4/21/2026 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: Goal 2 - Fiscal Stability, Strategy A - Consider new revenue sources and opportunities to support the City's priority initiatives and projects. For details, visit www.huntingtonbeachca.gov/strategicplan. Attachment(s): 1. Lease Between the City of Huntington Beach and Currents Outdoor, LLC 2. Powerpoint Presentation City of Huntington Beach Printed on 4/15/2026Page 3 of 3 265 266 LEASE BETWEEN THE CITY OF HUNTINGTON BEACH AND CURRENTS OUTDOOR, LLC THIS Lease (the "Lease") is made and entered into by and between the CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ("City") and CURRENTS OUTDOOR, LLC, a California limited liability company ("Lessee"). WHEREAS, City wishes to lease certain real property (the "Property"), consisting of approximately 3.9 acres located at 10449 East Adams Avenue, as depicted in Exhibit A, attached hereto and incorporated herein by this reference; Lessee desires to operate a wholesale nursery ("Nursery) on the Property; and lease the Property in the manner set forth below. NOW, THEREFORE, the parties covenant and agree as follows: SECTION I. OPERATION OF THE NURSERY The Property is subject to City of Huntington Beach Conditional Use Permit No.1985- 006 (the "CUP") pursuant to which the Nursery may be operated. A copy of the CUP is attached hereto as Exhibit "B." SECTION 2. TIME OF ESSENCE Time shall be of the essence of this Lease and each and all of its terms, covenants or conditions in which performance is a factor. SECTION 3. CONDITION OF PROPERTY The taking of possession of the Property by Lessee shall, in itself, constitute acknowledgement that the Property, and any facilities, structures, improvements or buildings presently located on the Property, (hereinafter collectively referred to as the "Facilities") are in good and tentantable condition. Upon taking possession of the Property, Lessee agrees to accept 26-17772 407652 1 267 the Property and Facilities, "as is," and agrees that the City shall not be obligated to make any alterations, additions or betterments thereto. SECTION 4. RESERVATIONS ENCUMBRANCES AND RJGHTS-OF-W A Y (a) City expressly reserves all natural resources in, on, or under the Property, including, without limitation, oil, coal, natural gas and other hydrocarbons, minerals, aggregates, timber and other geothermal resources, as well as the right to grant leases or other contractual arrangements in and over the Property for the extraction of such natural resources. However, such leasing or other arrangement shall be neither inconsistent nor incompatible with the rights or privileges of Lessee under this Lease. (b) City expressly reserves a right to enter upon the Property with as much advance written, verbal or electronic notice as possible to Lessee for any reason associated with public health, safety or welfare, or for the protection of life, limb or property. In all other cases unless otherwise specifically set forth herein, City reserves the right for such entry but City shall give Lessee at least twenty-four (24) hours advance written, verbal or electronic notice. City shall have a right of reasonable access to the Property across Lessee owned, controlled or occupied lands adjacent to the Property, if any, for any purpose associated with this Lease. (c) City expressly reserves the right to lease, convey, or encumber the Property, in whole or in part, for any purpose not inconsistent or incompatible with the rights or privileges of Lessee under this Lease. In addition, Lessee agrees to subordinate the Lease to any existing or future City financing regarding the Property or any 26-17772 407652 2 268 portion thereof. Lessee also agrees to cooperate and provide any documentation necessary for City to obtain any such financing. ( d) This Lease is subject to pre-existing contracts, leases, licenses, easements, encumbrances and claims affecting the Property and it is made without warranty by City of title, condition or fitness of the land for the stated or intended use. SECTION 5. TERM The term of this Lease is five (5) years, commencing on _______ , 2026, and shall end at 11 :59 p.m. on ____ , 2031, unless extended, or sooner terminated, as provided for herein. The term may be extended for one additional five (5) year period upon mutual written agreement of both parties. SECTION 6. RENT Lessee agrees to pay to City as rent ("Rent") for the use and occupancy of the Property the sum of Two Thousand Six Hundred Twenty and no/100 Dollars ($2,620.00) per month payable in advance on or before the 1st of each month during the Lease Term. Lessee shall prepay the initial six months rent in advance within five (5) days following City Council approval of this Lease. Lessee shall pay rent to the City at the City Treasurer's office, P. 0. Box 711, Huntington Beach, California 92648 or at such other place or places as City may from time to time designate by written notice delivered to Lessee in the manner set forth in the "Notices" Section of this Lease Agreement. SECTION 7. RENT ESCALATOR Rent shall be subject to an annual escalator beginning on the first anniversary of this Lease, such that each year of the Lease term and any authorized extensions in accordance with 26-17772 407652 3 269 Section 11 authorized by the "Term" Section above, Rent will be increased by Two Percent (2%) per year. SECTION 8. ADDITIONS, ALTERATIONS AND REMOVAL (a) No modifications, alterations or additions to the Property, including, without limitation, construction of Improvements or changes to structural design, landscape design, or interior or exterior furnishings, shall be constructed or made by Lessee without Lessee first obtaining the prior written approval of City, which will not be unreasonably withheld. (b) Except as provided under this Lease, no alteration or removal of existing Facilities on or natural features of the Property shall be undertaken without Lessee first obtaining the prior written approval of City. (c) Lessee's obligation to obtain City's prior written approval is separate and independent of Lessee's obligation to obtain any permits from City, such as, without limitation, a building permit. ( d) Lessee shall pay a security deposit to City in the amount of Two Thousand Six Hundred Twenty and no/100 Dollars ($2,620.00), to be held as security for the full and faithful performance of all terms and conditions of this Lease. The deposit shall be returned to Lessee without interest within thirty (30) days after the termination of this Lease, less any deductions for damages or unpaid Rent. SECTION 9. CITY'S CONTRACT ADMINISTRATOR City's Director of Community Development, or his or her designee, shall be City's Contract Administrator for this Lease with the authority to act on behalf of City for the purposes 26-17772 407652 4 270 of this Lease, and all City approvals and notices required to be given herein to City shall be so directed and addressed. SECTION 10. LATE CHARGE AND PENALTY If the Rent is not received by the City Treasurer by the 10th of each month for which the Rent is being paid, or the next business day if the 10 th day falls on a weekend or holiday, Lessee shall pay the following late charge and penalty: (1) a late charge often percent (10%) shall be applied to any outstanding balance after any payment hereunder is due but unpaid; and (2) one and a half percent (1 ½%) penalty per month shall be added for each month the Rent is due but unpaid. With respect to any other payments required by Lessee, a one and a half percent (1 ½%) penalty per month shall be added for each month such payment hereunder is due but unpaid. SECTION 11. EXTENSION As provided below, this Lease Agreement may be extended for up to one (1) separate successive period of five ( 5) years, commencing on the expiration of the original term. Written notice of Lessee's request to extend each term 1;11ust be provided to the Director of Community Development of City for approval no fewer than six (6) months prior to the expiration of the original Lease term. The City, at its sole discretion, will grant or deny Lessee's request for extension, and will notify Lessee in writing of its decision no later than 45 days after receiving the request for extension. If the request for extension is denied, this Lease will automatically terminate at the end of its original term. If the request for an extension is granted, this Lease will automatically be extended for an additional five year period. 26-17772 407652 5 271 SECTION 12. TERMINATION This Lease Agreement may be terminated by either party without cause on thirty (30) days written notice delivered to the other party to this Lease Agreement in the manner set forth in the "Notices" Section of this Lease Agreement. SECTION 13. REMOVAL OF FACILITIES UPON TERMINATION Except as otherwise set forth in Section 53 herein, upon termination of this Lease, Lessee will remove all Facilities on the Property and restore the Property to its natural condition to the satisfaction of, and at no cost to, the City. SECTION 14. INDEMNIFICATION, DEFENSE AND HOLD HARMLESS Agreement Lessee 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 (1) the use or occupancy of the Property or Facilities by Lessee, 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 Property, (3) operation of the Nursery; or (4) the death or injury of any person or the damage to property caused by any act or omission of Lessee, its officers, employees or agents, or (5) any failure by Lessee to keep the Property in a safe condition, or (6) Lessee's (or Lessee's agents and/or sublessees, if any) performance of this Lease or its failure to comply with any of its obligations contained in this Lease by Lessee, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of City. Lessee shall hold all personal property or trade inventory on the Property at the sole risk of Lessee and save City harmless from any loss or 26-17772 407652 6 272 damage thereto by any cause whatsoever, except such loss or damage which was caused by the sole negligence or willful misconduct of City. City shall be reimbursed by Lessee for all costs and attorney's fees incurred by City in enforcing Lessee's obligations set forth in this Section. Lessee will conduct all defense at its sole cost and expense and City shall approve selection of Lessee'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 Lessee. SECTION 15. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE Lessee acknowledges awareness of Section 3700 et seq. of the California Labor Code, which requires every employer to be insured against liability for workers' compensation. Lessee covenants that it shall comply with such provisions prior to the commencement of this Lease. Lessee shall obtain and furnish to City workers' compensation and employers' liability insurance in amounts not less than the State statutory limits. Lessee shall require all contractors to provide such workers' compensation and employers' liability insurance for all of the sublessees' and contractors' employees. Lessee shall furnish to City a certificate of waiver of subrogation under the terms of the workers' compensation and employers' liability insurance and Lessee shall similarly require all contractors to waive subrogation. SECTION 16. GENERAL PUBLIC LIABILITY INSURANCE In addition to the workers' compensation and employers' liability insurance and Lessee's covenant to defend, hold harmless and indemnify City, Lessee 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 the Property or Facilities. This policy shall indemnify 26-17772 407652 7 273 Lessee, 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 Property or Faculties, 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) for the Property. 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 Lease shall be deemed excess coverage and that Lessee'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 oflimitation on the required coverage. SECTION 17. PROPERTY INSURANCE Lessee shall provide before commencement of this Lease and shall obtain and furnish to City, at Lessee's sole cost and expense, property and fire insurance with extended coverage endorsements thereon, by a company acceptable to City authorized to conduct insurance business in California, in an amount insuring for the full insurable value of all Improvements, personal property whether or not owned or leased by Lessee, and all trade inventory in or on the Property against damage or destruction by fire, theft or the elements. This policy shall contain a full replacement cost endorsement naming Lessee as the insured and shall not contain a coinsurance penalty provision. The policy shall also contain an endorsement naming City as an Additional Insured. The policy shall contain a special endorsement that such proceeds shall be used to repair, rebuild or replace any such Improvements, personal property whether or not owned or 26-17772 407652 8 274 leased by Lessee, and all trade inventory so damaged or destroyed; and if not so used, such proceeds ( excluding any insurance proceeds for personal property whether or not owned or leased by Lessee, and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The policy shall also contain a special endorsement that if the Property is so destroyed triggering the parties' ability to terminate as set forth herein, and either party elects to terminate the Lease, the entire amount of any insurance proceeds ( excluding such proceeds for personal property whether or not owned or leased by Lessee and trade inventory, but only to the extent the insurance proceeds specifically cover those items) shall be paid to City. The proceeds of any such insurance payable to City may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Property or for any such other purpose(s) as City sees fit. This policy shall also contain the following endorsements: (a) The insurer shall not cancel or reduce the insured's coverage without (30) days prior written notice to City; (b) City shall not be responsible for premiums or assessments on the policy. A complete and signed certificate of insurance with all endorsements required by this Section shall be filed with City prior to the execution of this Lease. At least thirty (30) days prior to the expiration or termination of any such policy, a signed and complete certificate of insurance showing that coverage has been renewed shall be filed with City. SECTION 18. INCREASE IN AMOUNT OF GENERAL PUBLIC LIABILITY AND PROPERTY INSURANCE Not more frequently than once every two (2) years, if, in the sole opinion of City, the amount and/or scope of general public liability insurance and/or property insurance coverage in 26-17772 407652 9 275 the "General Public Liability Insurance" and "Property Insurance" Sections hereof, at that time is not adequate, Lessee shall increase the insurance coverage as reasonably required by City. SECTION 19. CERTIFICATES OF lNSURANCE; ADDITIONAL lNSURED ENDORSEMENTS Prior to commencement of this Lease, Lessee shall furnish to City certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Lease; 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 1 O­ day notice provision shall not apply to property insurance in "Property Insurance" Section hereof. Lessee shall maintain the foregoing insurance coverages in force during the entire term of the Lease or any renewals or extensions thereof or during any holdover period. The requirement for carrying the foregoing insurance coverages shall not derogate from Lessee's defense, hold harmless and indemnification obligations as set forth in this Lease. 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. Lessee shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. 26-17772 407652 10 276 SECTION 20. INSURANCE HAZARDS Lessee shall not commit or permit the commission of any acts on the Property nor use or permit the use of the Property in any manner that will increase the existing rates for, or cause the cancellation of any liability, property, or other insurance policy for the Property or required by this Lease. Lessee shall, at its sole cost and expense, comply with all requirements of any insurance carrier providing any insurance policy for the Property or required by this Lease necessary for the continued maintenance of these policies at reasonable rates. SECTION 21. RELEASE Lessee hereby releases and forever discharges City of and from any and all claims, demands, actions or causes of action whatsoever which Lessee may have, or may hereafter have, against the City specifically arising out of the matter of the entry of Lessee onto the Property or the operation of the Facilities. This is a complete and final release and shall be binding upon Lessee and the heirs, executors, administrators, successors and assigns of Lessee's use of the Property and Facilities under this Lease Agreement. Lessee hereby expressly waives any rights under or benefit of any law of any jurisdiction whatsoever providing to the contrary. Neither the acceptance of this Release nor any payment made hereunder shall constitute any admission of any liability of City. SECTION 22. WASTE Lessee shall not alter, damage or commit any kind of waste upon the Property of Facilities or any improvement, equipment or personal property thereon and shall not interfere in any manner with the operations or activities of City. Lessee shall not cause any workmen's or materialmen's liens to be placed upon the Property or Facilities and agrees to indemnify and hold City harmless against any such liens including but not limited to the payment of attorneys' fees. 26-17772 407652 11 277 SECTION 23. MAINTENANCE OF PROPERTY Lessee agrees to care for and maintain the Property, at Lessee's sole cost and expense, during the entire term of this Lease Agreement or any extension thereof, in good and satisfactory condition as acceptable to the City. In the event Lessee does not maintain the Property in a satisfactory manner, Lessee authorizes City to perform such maintenance on Lessee's behalf. All costs incurred performing said maintenance shall be assessed to and billed directly to the Lessee. Lessee agrees to pay such costs within ten (IO) days of billing. SECTION 24. CONTROL OF EQUIPMENT Lessee shall keep any equipment used or brought onto the Property for the purposes of operating the nursery or maintaining the Facilities under its absolute and complete control at all times and said equipment shall be used on the Property at the sole risk of Lessee. SECTION 25. TAXES This Lease may create a possessory interest in property, which is subject to taxation. In the event that such possessory interest is created, Lessee agrees to be subject to the payment of and to pay taxes levied on such interest, at its sole cost and expense. Lessee also agrees to pay, at its sole cost and expense, before they become delinquent all other lawful taxes, assessments or charges, which at any time may be levied by any governmental agency including, without limitation, the State, County, City or any tax or assessment levying body upon any interest in this Lease, or any possessory right which Lessee may have in or to the Property, by reason of Lessee's use or occupancy thereof or otherwise, as well as all taxes, assessments, and charges on personal property and trade inventory in, on, or about the Property. Upon request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment. Lessee shall comply 26-17772 407652 12 278 with all laws, regulations and ordinances regarding the collection of taxes due a government agency. SECTION 26. PAYMENT OF OBLIGATIONS Lessee shall promptly pay, at its sole cost and expense, before they become delinquent, any and all bills, debts, liabilities and obligations incurred by Lessee in connection with Lessee's occupation and use of the Property and/or operation of the Facilities. Upon request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment. SECTION 27. UTILITIES AND SERVICES Lessee shall be responsible for the payment of all utility charges, including, without limitation, gas, electricity, water, telephone service, cable TV service, and the furnishing of all necessary refuse and garbage containers and the removal and disposal of all rubbish, refuse and garbage resulting from the operation of the Property and/or the Facilities. All such rubbish, refuse and garbage removed shall be disposed of in accordance with applicable laws and local ordinances. All trash containers and/or trash bins shall be adequately screened and located to the satisfaction of City. For the purposes of this Section, sewage disposal shall be construed as a utility. All such charges shall be paid by Lessee directly to the provider of the service and shall be paid as they become due and payable. Upon request, Lessee shall promptly furnish to City satisfactory evidence establishing such payment. SECTION 28. BUSINESS LICENSE Lessee shall maintain a business license from City during the entire term of this Lease or any renewals or extensions thereof or during any holdover period. 26-17772 407652 13 279 SECTION 29. SIGNS, ADVERTISING AND APPROVAL OF NAME City shall have the right to approve in its sole discretion and at any time require Lessee to change or remove signs, names, placards, decorations or advertising placed on, or inscribed, painted or affixed upon the Property. Should City approve of any sign, name, placard, decoration or advertising, Lessee shall maintain the same at all times during the entire term of this Lease or any renewals or extensions thereof or during any holdover period in good appearance and repair. All signs, names, placards, decorations or advertising must comply with all requirements of any governmental authority with jurisdiction. SECTION 30. NO ASSIGNING, SUBLEASING OR ENCUMBERING (a) Prohibition of Assignment. The parties acknowledge that City is entering into the Lease in reliance upon the experience and abilities of Lessee and its principals. Consequently, Lessee shall not voluntarily assign, encumber or otherwise transfer its interest in the Lease or in the Property, or sublease all or any part of the Property, or allow any other person or entity ( except Lessee's authorized representatives) to occupy or use all or any part of the Property without the prior written consent of the Director of Economic Development, which consent may be conditioned on renegotiation of the terms and conditions of this Agreement in the sole and absolute discretion of the City. However, that City's consent shall not relieve Lessee from any and all of its obligations, 26-17772 407652 liabilities, duties or responsibilities under this Lease. Any assignment, encumbrance, occupation or use, sublease or other transfer without such consent shall be voidable and, at City's sole discretion, shall constitute a Default of this Lease. 14 280 (b) (c) Consent to Transfer. City's consent to any assignment, encumbrance, occupation or use, sublease or other transfer is subject to Lessee providing City with evidence satisfactory to City that the proposed, assignee, encumbrancer, occupier or user, sublessee or other transferee has suitable financial strength, experience and character for operation and control of the Property and the Facilities and that the use of the Property by the proposed assignee, encumbrancer, occupier or user, sublessee or other transferee is consistent with that specified herein, and is commercially reasonable. Any proposed assignee, encumbrancer, occupier or user, sublessee or other transferee shall agree to abide by the terms and conditions of the Lease including, without limitation, all the obligations, liabilities, duties and responsibilities of Lessee, and other conditions imposed upon it pursuant to law. An approval by City to one assignment, encumbrance, occupation or use, sublease or other transfer shall not be deemed to be an approval to any other assignment, encumbrance, occupation or use, sublease or other transfer. Voluntary assignment defined. Except as otherwise expressly provided herein, any dissolution, merger, consolidation or reorganization of Lessee, or the sale or other transfer resulting in a transfer of a controlling percentage of the capital stock of Lessee ( other than a transfer by will, devise, bequest, intestate succession, a transfer to or between the family members of Lessee, or a transfer to or between one or more trusts for the benefit of Lessee and/or Lessee's family members, where applicable) shall be deemed a voluntary assignment. (d) Exceptions. Notwithstanding the foregoing paragraphs or anything to the contrary contained herein, City's consent shall not be required for an assignment 26-17772 407652 15 281 or subleasing to an Affiliate, Subsidiary or Successor of Lessee (for purposes hereof, an "Affiliate," a "Subsidiary" and a "Successor" of Lessee are defined as follows: (a) an "Affiliate" is any corporation which directly or indirectly controls or is controlled or is under common control with Lessee (for this purpose, "control" shall mean the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such corporation, whether through the ownership of voting securities or by contract or otherwise), (b) a "Subsidiary" shall mean any corporation or partnership not less than twenty­ five percent (25%) of whose outstanding stock shall, at the time, be owned directly or indirectly by Lessee and which is at least as creditworthy as Lessee, and ( c) a "Successor" shall mean a corporation or partnership in which or with which Lessee is merged or consolidated, in accordance with applicable statutory provisions for merger or consolidation of corporations, or a corporation or partnership acquiring a substantial portion of the property and assets of Lessee. SECTION 31. TERMS BINDING ON SUCCESSORS All the terms, covenants and conditions of this Lease shall inure to the benefit of and be binding upon the parties and their successors, including, without limitation, their assignees, encumbrancers, occupiers or users, sublessees or other transferees. The provisions of this Section shall not be deemed as a (1) waiver of any of the prohibitions and conditions against assignments, encumbrances, occupations or uses, subleases or other transfers hereinbefore set forth, or (2) City's consent thereto. If more than one lessee is a party to this Lease, the obligations of the lessees shall be joint and several. Even if City's consent is not required, 26-17772 407652 16 282 Lessee shall immediately provide City with written notice of any, assignment, encumbrance, occupation or use, sublease or other transfer. SECTION 32. DEFAULT The occurrence of any one or more of the following events shall constitute a material default and breach ("Default") of this Lease by Lessee: (a) Lessee's failure to make any payment of the Rent or other payment required to be made by Lessee at the time required for payment under this Lease. (b) Lessee's failure to obtain or maintain the insurances and/or the security deposit as required under this Lease. ( c) Lessee's vacating or abandonment of the Property during the entire term of this Lease or any renewals or extensions thereof or during any holdover period. Closure of the Facilities for more than a combined total of one hundred eighty (180) days in a calendar year, minus any days of closure of the Facilities caused by City, shall be deemed an abandonment of the Property. ( d) Lessee's violation of the "Indemnification, Defense and Hold Harmless Agreement", "No Assigning, Subleasing or Encumbering", "Hazardous Substances", "Nondiscrimination", "Sale of Alcoholic Beverages and Entertainment Prohibited", "Conflict of Interest" or Compliance with Laws" Sections of this Lease Agreement. ( e) The insolvency of Lessee as evidenced by a receiver being appointed to take possession of all or substantially all of Lessee's assets located at or on the Property or of Lessee's interest in this Lease, or the making by Lessee of a general arrangement or assignment for the benefit of creditors, or Lessee's filing a 26-17772 407652 17 283 petition m bankruptcy, whether voluntary or involuntary, or the attachment, execution or the judicial seizure of substantially all of Lessee's assets located at or on the Property or of Lessee's interest in the Lease. (f) Lessee's failure to observe or perform any other term, covenant, obligation, duty, responsibility or condition of this Lease to be observed or performed by Lessee when such failure shall continue for a period of thirty (30) days after City's giving written notice to Lessee, or such earlier period if specifically set forth in this Lease; however, if the nature of such failure is such that more than thirty (30) days are reasonably required for its cure, then Lessee shall not be deemed to be in Default if Lessee notifies City of the length of the additional time required to cure and receives City's written approval of the additional time required, which approval will not be uureasonably withheld, and commences such cure within such thirty (30) day period and diligently proceeds with such cure to completion during such additional time period approved by City. SECTION 33. REMEDIES (a) Cumulative Nature of Remedies. In the event of any Default by Lessee, City 26-17772 407652 shall have the remedies described in this Section in addition to all other rights and remedies provided in Section 12 or by law or equity, to which City may resort cumulatively or in the alternative: (I) Reentry without Termination. City may at City's sole discretion reenter the Property, and, without terminating the Lease, at any time and from time to time relet the Property or any part or parts of them for the account and in the name of Lessee or otherwise. Any reletting may be for the 18 284 (2) 26-17772 407652 remainder of the term or for a longer or shorter period. City may in City's sole discretion eject all persons or eject some and not others or eject none. In addition, City may in its sole discretion remove some or all of the personal property and trade inventory from the Property. City may store such removed personal property and trade inventory in a public warehouse or other location at the sole cost, expense and risk of Lessee, and for the account of and in the name of Lessee. City shall apply all rents from reletting as follows: first, to the payment of reasonable expenses (including brokers' commissions) paid or incurred by or on behalf of City in recovering possession, placing the Property in good condition, and preparing or altering the Property for reletting; second, to the reasonable expense of securing new subtenants; third, to the fulfillment of Lessee's covenants to the end of the term. City may execute any leases or subleases made under this provision either in City's name or in Lessee's name and City shall be entitled to all rents from the use, operation or occupancy of the Property. Lessee shall nevertheless pay to City on the dates specified in this Lease the equivalent of all sums required of Lessee under this Lease, plus City's expenses, less the proceeds of any reletting or attornment. Termination. In conjunction with Section 12, in the event of a Default by Lessee, City may at City's sole discretion terminate this Lease by giving Lessee written notice of termination. In the event City terminates this Lease, City may recover possession of the Property ( which Lessee 19 285 26-17772 407652 shall immediately surrender and vacate upon demand) and remove all persons therefrom, and Lessee shall comply with, without limitation, all Sections herein. In Addition to any legal or equitable remedies as a court may award, City also shall be entitled to recover as damages all of the following: (A) The worth at the time of the award of any unpaid Rent or other charges which have been earned at the time of termination; (B) The worth at the time of the award of the amount by which the unpaid Rent and other charges which would have been earned after termination until the time of the award exceeds the amount of the loss of such rental and other charges that Lessee proves could have been reasonably avoided; (C) The worth at the time of the award of the amount by which the unpaid Rent and other charges for the balance of the term after the time of the award exceeds the amount of the loss of such rental and other charges that Lessee proves could have been reasonably avoided; (D) Any other amount necessary to compensate City for the detriment proximately caused by Lessee's failure to perform its obligations, liabilities, duties or responsibilities under this Lease; and (E) At City's sole discretion, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable California law. 20 286 As used in "Remedies" Section hereof, subsections (a)(2)(A) and (B), the "worth at the time of the award" shall be computed by allowing interest at the rate of twelve percent (12%) per annum. As used in "Remedies" Section hereof, subsection 37(a)(2)(C), the "worth at the time of the award" shall be computed by discounting such amount at the discount rate of the Federal Reserve Bank of San Francisco at the time of the award, plus one percent (1 %). The amount recoverable by City pursuant to the "Remedies" Section, subsection (a)(2)(D) above shall include, without limitation, any costs or expenses incurred by City in maintaining or preserving the Property after such Default. (b) (c) 26-17772407652 (3) Use of Personal Property. City may at City's sole discretion use the, personal property and/or trade inventory located on, about or appurtenant to the Property without compensation and without liability for use or damage, or store them in a public warehouse or other location at the sole cost, expense and risk of Lessee, and for the account of and in the name of Lessee. Election of Remedy. The election of one remedy for any one item shall not foreclose an election of any other remedy for another item or for the same item at a later time. City's Right to Cure Lessee's Default. Upon continuance of any Default, City may in its sole discretion, but is not obligated to, cure such Default at Lessee's sole cost and expense. If City at any time, by reason of such Default by Lessee, pays any sum or does any act, the sum paid by City plus the reasonable cost of performing such act, together with a penalty thereon at the penalty rate set forth in 21 287 (d) (e) the "Late Charge and Penalty" Section hereof from the date the costs were incurred or the act performed by City to the date they are reimbursed to City by Lessee, shall be due as additional rent not later than five (5) days after service of a written demand therefor on Lessee, including reasonably detailed documentation of the amount owed. No such payment or act shall constitute a waiver of Default or of any remedy for Default or render City liable for any loss or damage resulting from any such act. Waiver of Rights. Lessee hereby waives any right of redemption or relief from forfeiture under California Code of Civil Procedure Sections 1174 or 1179, or under any other present or future law, in the event Lessee is evicted or City takes possession of the Property by reason of any Default by Lessee hereunder. Other Rights of City. No act of City, including, without limitation, City's entry on the Property, efforts to rel et the Property, or maintenance of the Property, shall be construed as an election to terminate this Lease unless a written notice of such intention is given to Lessee by City or unless the termination thereof is decreed by a court of competent jurisdiction. Notwithstanding if City elects to continue the Lease in full force and effect after a Default by Lessee and to rel et the Property, City may at any time after such reletting elect to terminate this Lease for any such Default. SECTION 34. CUMULATIVE REMEDIES As provided above, the remedies given to City described shall not be exclusive but shall be cumulative and in addition to all remedies now or hereafter allowed by law or elsewhere provided in this Lease. City shall have the right to exercise any other right or remedy which City 26-17772 407652 22 288 may have at law or in equity including, without limitation, City's rights under the unlawful detainer laws. SECTION 35 . W AIYER OF DEFAULT The waiver by City of any Default by Lessee of any of the provisions of this Lease shall not constitute a continuing waiver or a waiver of any subsequent Default by Lessee either of the same or another provision of this Lease. SECTION 36. CITY'S DEFAULTS/LESSEE'S REMEDY In the event City fails to perform any material obligation of City under the Lease within ninety (90) days after receiving written notice from Lessee specifying the nature of such default, or, if the nature of City's obligation is such that more than ninety (90) days are required for its performance, if City fails to commence such performance within such ninety (90) day period and thereafter diligently prosecute the same to completion, then City shall be in default of this obligation. If City's default materially interferes with Lessee's use of the Property for its intended purpose, Lessee shall have the option to terminate the Lease by giving City at least sixty (60) days' written notice of its intent to terminate. In such a situation, Lessee must still comply with all of its obligations, liabilities, duties and responsibilities under the Lease, including, without limitation, paying any Rent due up to the time of termination and surrendering the Property pursuant to Sections 53 and 54 below. This remedy of termination is Lessee's sole and exclusive remedy for a default by City. SECTION 37. HAZARDOUS SUBSTANCES Lessee represents and warrants that its use of the Property or operation or maintenance of the Facilities shall not generate any Hazardous Substance (as defined below in this Section), and that Lessee shall not store or dispose on the Property nor transport to or over the Property any 26-17772 407652 23 289 Hazardous Substance during the entire term of this Lease Agreement or any extensions thereof. The foregoing restrictions shall not be deemed to restrict or prohibit the use by Lessee of ordinary products as customarily used in Lessee's ordinary course of operation of the Nursery, or cleaning products as customarily used in Lessee's ordinary course of maintenance of the Facilities, provided that Lessee complies with all applicable provisions of federal and state laws and rules and regulations thereto pertaining to the use, storage and disposal of such Hazardous Substances or cleaning products. Lessee further agrees to clean up and remediate any such Hazardous Substance on the Property, and 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 any Hazardous Substance and any damage, loss, or expense or liability resulting from any Hazardous Substance including, without limitation, all attorney's fees, costs and penalties incurred as a result thereof except any release caused by the sole negligence or willful misconduct of City. City shall be reimbursed by Lessee for all costs and attorney's fees incurred by City in enforcing Lessee's obligations set forth in this Section. Lessee will conduct all defense at its sole cost and expense and City shall approve selection of Lessee'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 Lessee. "Hazardous substance" shall be interpreted broadly to mean any substance or material defined or designated as a hazardous or toxic waste, hazardous or toxic material, hazardous or toxic or radioactive substance, or other similar term, by any Federal, State or local environmental law, regulation or 26-17772 407652 24 290 rule presently in effect or promulgated in the future, as such law, regulation or rule may be amended from time to time; and it shall be interpreted to include, without limitation, any substance which after release into the environment will or may reasonably be anticipated to cause sickness, death or disease. SECTION 38. RESERVED SECTION 39. MAINTENANCE OF DRAINAGE DITCH Lessee agrees to clean, keep clear, and maintain the drainage ditch running roughly parallel to and west of the eastern property line of the Property at Lessee's own expense, and in the event Lessee shall fail to perform the acts set forth in this section, City may at its option, do such as at the expense of Lessee, which expense Lessee agrees to pay City upon demand. SECTION 40. FENCES City shall have the right, at its option, to fence the Property, or any portion thereof, in which event it shall provide one or more suitable gates to afford Lessee access to the egress from the Property. Should Lessee desire to install any fence on the Property, Lessee shall obtain the prior written approval of City thereto. Lessee's obligation to obtain City's prior written approval is separate and independent of Lessee's obligation to obtain any permits from City, such as, without limitation, a building permit. Notwithstanding the above, Lessee shall not install, operate, maintain, cause or permit to be installed, operated or maintained any electrically charged fence on the Property. SECTION 41. CONSENT When City's consent/approval is required under this Lease, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 26wJ 7772 407652 25 291 SECTION 42. HOLDOVER Should Lessee hold over and continue in possession of the Property after expiration or termination of this Lease, with or without the express prior written consent of City, Lessee's continued occupancy of the Property shall constitute a month-to-month tenancy, subject to all the terms and conditions of this Lease, at a monthly rent of one hundred ten percent (110%) of the previous calendar year's annual Rent divided by twelve (12) (or the average monthly Rent for all months Lessee owned/operated the Facilities if Lessee has owned/operated the Facilities for less than one (1) year) or that month's actual Rent, whichever is greater, and shall not constitute a renewal or extension of the Lease term. SECTION 43. WAIVER OF CLAIMS Lessee hereby waives any claim against City, its officers, elected or appointed officials, employees, agents or volunteers for damage or loss caused by any suit or proceeding directly or indirectly attacking the validity of this Lease, or any part thereof, or caused by any judgment or award in any suit or proceeding declaring this Lease null, void or voidable, or delaying the Lease or any part thereof from being carried out. SECTION 44. INSPECTION OF PROPERTY Upon at least twenty-four (24) hours advance written, verbal or electronic notice given by City to Lessee, Lessee shall permit City or City's agents, representatives or employees to enter the Property at all reasonable times for the purpose of inspecting, investigating and surveying the Property to determine whether Lessee is complying with the terms of this Lease and for the purpose of doing other lawful acts that may be necessary to protect City's interest in the Property or to perform City's duties under this Lease. City also shall have the right in its sole discretion to do any and all work of any nature necessary for the preservation, maintenance and operation of 26-17772 407652 26 292 property owned, controlled or occupied by City. Lessee shall be given reasonable notice when such work becomes necessary, and Lessee shall adjust the operation of the Facilities in such a manner that City may proceed expeditiously. SECTION 45. PHOTOGRAPHY Lessee acknowledges and agrees that City may grant permits to third parties engaged in the production of still and motion pictures and related activities to take photographs or videos of or on the Property when such permission shall not interfere with the pnmary business of Lessee, all without providing Lessee with notice or requiring consent by Lessee. SECTION 46. NONDISCRIMINATION Lessee and its employees shall not discriminate because of race, religion, color, ancestry, sex, age, national origin or physical handicap against any person by refusing to furnish such person any accommodation, facility, rental, service or privilege offered to or enjoyed by the general public. Nor shall Lessee or its employees publicize the accommodation, facilities, rentals, services or privileges in any manner that would directly or inferentially reflect upon or question the acceptability of the patronage of any person because of race, religion, color, ancestry, sex, age, national origin or physical handicap. In the performance of this Lease, Lessee shall not discriminate against any employee or applicant for employment, because of race, religion, color, ancestry, sex, age, national origin or physical handicap. Lessee shall take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, religion, color, ancestry, sex, age, national origin or physical handicap. Such action shall include, without limitation, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and 26-17772 407652 27 293 selection for training, including, without limitation, apprenticeship. Lessee shall post in conspicuous places, available to all employees and applicants for employment, notices setting forth the provisions of this Section. Lessee shall permit access to its records of employment, employment advertisements, application forms, and other pertinent data and records by City, the State Fair Employment Practices Commission or any other agency with jurisdiction over these matters, for the purpose of investigation to ascertain compliance with this Section. City may determine a violation of this Section to have occurred upon receipt of a final judgment having that effect from a court in an action to which Lessee was a party, or upon receipt of a written notice from the State Fair Employment Practices Commission or other government agency with jurisdiction over these matters that it has investigated and determined that Lessee has violated the Fair Employment Practices Act or other applicable discrimination law and has issued an order which has become final, or obtained an injunction. In the event of violation of this Section, City shall have the right to terminate this Lease, and any loss of revenue sustained by City by reason thereof shall be borne and paid for by Lessee, at its sole cost and expense. SECTION 47. SALE OF ALCOHOLIC BEVERAGES AND ENTERTAINMENT PROHIBITED Notwithstanding anything to the contrary, the sale or provision of alcoholic beverages and/or live entertainment in, on, or from the Property is expressly forbidden, unless expressly permitted in writing by City in advance. For any proposed sale or provision of alcoholic beverages, Lessee must first obtain written City approval prior to submitting any request for approval to the Alcohol Beverage Commission. 26-17772 407652 28 294 SECTION 48. LIENS Lessee shall keep the Property free and clear from any and all liens, including, without limitation, mechanics' or materialmens' liens, claims and demands for work performed, materials furnished, or operations conducted on or about the Property or by reason of any use or occupancy by Lessee, or any person claiming under Lessee. When applicable, Lessee shall cause a notice of nonresponsibility to be posted and recorded pursuant to California Civil Code Section 3094. SECTION 49. DESTRUCTION Should the Property be partially destroyed, this Lease shall continue in full force and effect, and Lessee, at Lessee's sole cost and expense, shall complete the work of repairing and restoring the Property to their prior condition providing such work can be accomplished under all applicable governmental laws and regulations within one hundred eighty (180) days. Should the Property be so far destroyed that in City's reasonable judgment they cannot be repaired or restored to their former condition within one hundred eighty (180) days, City shall give Lessee notice of such determination in writing and each party may, in that party's sole discretion: (a) Continue this Lease in full force and effect in which case Lessee shall repair and restore, at Lessee's sole cost and expense, the Property to their former condition; or (b) Terminate this Lease by giving the other party thirty (30) days' written notice of such termination within sixty (60) days after the date that City gives Lessee notice that the Property cannot be repaired or restored to their former condition within one hundred eighty (180) days. In the event that either party elects to terminate this Lease, the entire amount of any insurance proceeds ( excluding such proceeds 26-17772 407652 29 295 for personal property whether or not owned or leased by Lessee and trade inventory, but only to the extent that the insurance proceeds specifically cover those items) shall be paid to City. The proceeds of any such insurance payable to City may be used, in the sole discretion of City, for rebuilding or repair as necessary to restore the Property or for any other such purpose(s) as City sees fit. In addition, if Lessee elects to terminate the Lease, Lessee must still comply with all of its obligations, liabilities, duties and responsibilities under the Lease, including, without limitation, paying any Rent due up to the time of termination and surrendering the Property, pursuant to Sections 53 and 54 below. In the event of the damage or destruction of the Facilities, and/or personal property located on the Property not giving rise to a termination of this Lease, Lessee shall, at its sole cost and expense, replace and repair the same as soon as reasonably possible to permit the prompt continuation of Lessee's business at the Property. SECTION 50. NO ABATEMENT OF RENT DURING REPAIR WORK The Rent shall not be abated for the time Lessee is prevented from using the whole or a portion of the Property. In addition, Lessee shall not be excused from the payment of taxes, insurance or any other obligations for the time Lessee is prevented from using the whole or a portion of the Property. SECTION 51. EMINENT DOMAIN If, during the term of this Lease or any renewals or extensions thereof or during any holdover period, City's real property (whether held by City in fee simple, an easement interest or otherwise) and/or the Property is taken in eminent domain, the entire award (that is, all forms) of compensation, other than as provided herein, shall belong to and be paid to City. In the event of 26-17772 407652 30 296 condemnation, Lessee shall be entitled to an award of only the following forms of compensation, if any, from the condemning authority: compensation for loss of business goodwill; compensation for the value of any of Lessee's personal property; compensation for the value of any of Lessee's trade inventory; and compensation for relocation benefits as authorized by law. All other forms of compensation, such as, for example, but not by way oflimitation, any bonus value of Lessee's interest in this Lease, shall belong to and be paid to City. In the event of condemnation, unless Lessee is allowed by the condemning authority to continue its operations on the Property, the Lease shall terminate on the earliest of the following dates: the date the condemning authority obtains a prejudgment order for possession; the date title to the Property vests in the condemning authority; or the date when Lessee is required by the condemning authority to cease its operations. SECTION 52. IRRIGATION PIPELINES AND APPURTENANCES Lessee agrees that any and all irrigation pipelines and appurtenances, as well as all well pumping equipment, located on the Property at the commencement of Lessee's occupancy thereof are the property of City, and shall remain upon and be surrendered with the premises upon the termination of this Lease or any renewal or extension thereof. In consideration of the privilege of using the same, Lessee agrees to maintain, operate, repair and replace if necessary, at Lessee's sole cost and expense, any and all of said irrigation pipelines and appurtenances and well pumping equipment, during the continuance of this Lease. Any and all well pumping equipment placed on the Property by Lessee, the installation of which is made with the consent of City and for which a rent adjustment is made, and any and all irrigation pipelines and appurtenances and well pumping equipment installed by Lessee to replace equipment located on the Property at the time Lessee entered into possession thereof, shall thereupon be and become 26-17772 407652 31 297 the property of City and shall remain upon and be surrendered with the Property upon the termination of this Lease or any renewal or extension thereof. Lessee agrees to promptly deliver to City a good and sufficient bill of sale for any and all such irrigation pipelines, appurtenances and well pumping equipment installed on the Property at the time the same is installed. Lessee further agrees that no such replacement pipelines or well pumping equipment shall be purchased on other than a cash basis. SECTION 53. RESTORATION AND SURRENDER OF PROPERTY/TITLE TO IMPROVEMENTS On expiration or termination of this Lease, Lessee shall, without compensation to Lessee, promptly surrender and deliver the Property to City in as good condition as such were at the commencement date of this Lease, reasonable wear and tear excepted. Lessee shall, at the option of the City, remove the Facilities and restore the Property to its natural condition to the satisfaction of, and at no cost to the City. In the alternative, and again and at the option of the City, Lessee shall and without compensation to Lessee, surrender all Facilities to City in good condition and repair, ordinary wear and tear excepted, free and clear of all liens and encumbrances. Lessee shall remove all personal property and trade inventory. City may in its sole discretion accept all or any portion of the Facilities and no sum whatsoever shall be paid to Lessee or any other person; or City may require Lessee to remove all or any portion of the Facilities, at Lessee's own risk and cost and expense; or City may itself remove or have removed all or any portion of the Facilities, at Lessee's own risk and cost and expense. If required by City to do so, in removing any such Facilities, Lessee shall restore the Property as nearly as possible to the conditions existing prior to their installation or construction. All such removal and restoration shall be to the satisfaction of City and shall be completed within thirty (30) days of 26-17772 407652 32 298 the expiration or termination of this Lease; provided, however, that Lessee shall be considered a holdover tenant (pursuant to the "Holdover" Section hereof) after expiration or termination of the Lease until the time Lessee completes this removal and restoration work, including, without limitation, the removal of any personal property and trade inventory left on the Property. In addition, any personal property or trade inventory left on the Property after the expiration of this 30-day period, regardless of cause, shall be deemed abandoned by Lessee. In City's sole discretion, it may choose to do one or more of the following: (1) take any or all of such personal property and trade inventory as City property; (2) store any or all of such personal property and trade inventory in a public warehouse or other location at the sole cost, expense and risk of Lessee, and for the account and in the name of Lessee; or (3) dispose of any or all of such personal property and trade inventory without any liability to Lessee. In addition, Lessee's indenmification, hold harmless and defense obligations set forth in this Lease shall apply to such personal property and/or trade inventory, and to City's actions with respect thereto. SECTION 54. FORCE MAJEURE -UNA VOIDABLE DELAYS Should the performance of any act required by this Lease to be performed by either City or Lessee be prevented or delayed by reason of an act of God, strike, lockout, labor troubles, inability to secure materials, restrictive govermnental laws or regulations, or any other cause except financial inability not the fault of the party required to perform the act, the time for performance of the act shall be extended for a period equivalent to the period of delay and performance of the act during the period of delay shall be excused. Provided, however, that nothing contained in this Section shall excuse the prompt payment of the Rent or other consideration by Lessee as required by this Lease or the performance of any act rendered 26-17772 407652 33 299 difficult solely because of the financial condition of the party, City or Lessee, required to perform the act. SECTION 55. CITY'S OPTION TO CLOSE THE PROPERTY City may close the Property without liability and without advance notice to Lessee therefor 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. The length of time of any closing of the Property by City longer than two (2) weeks during a period when the Facilities would otherwise be open shall extend the term of the Lease by the same amount of time. If this occurs, Lessee and City shall memorialize this extension in writing. SECTION 56. DELIVERIES OF SUPPLIES City may establish the days and times deliveries of supplies may be made and advise Lessee in writing thereof. SECTION 57. EMPLOYEE PARKING City shall establish the days, times and locations where Lessee and Lessee's employees may park, and the number of automobiles, trucks, and other motorized and non-motorized vehicles that Lessee and Lessee's employees may park, and advise Lessee in writing thereof. SECTION 58. CONFLICT OF INTEREST Lessee warrants and covenants that no official or employee of City, nor any business entity in which an official or employee of City is interested, (I) has been employed or retained by Lessee to solicit or aid in the procuring of this Lease; or (2) shall be employed by Lessee in the performance of this Lease without the immediate written divulgence of such fact to City. In the event City determines that the employment of any such official, employee or business entity 26-17772 407652 34 300 is not compatible with such official's or employee's duties as an official or employee of City, Lessee, upon request of City, shall terminate such employment immediately. For breaches or violation of this Section, City shall have the right both to terminate this Lease without liability and, in its discretion, recover the full amount of any such compensation paid to such official, employee or business entity. No official or employee of City shall have any financial interest in this Lease in violation of the applicable provisions of the California Government Code. SECTION 59. NOTICE Unless specifically providing for verbal or electronic notice, all notices, certificates, or other communications required to be given hereunder shall be in writing and made in the following manner, and shall be sufficiently given and deemed received when (a) personally delivered; or (b) three (3) business days after being sent via United States certified mail -return receipt requested; or ( c) one (1) business day after being sent by reputable overnight courier, in each case to the addresses specified below; provided that City and Lessee, by notice given hereunder, may designate different addresses to which subsequent notices, certificates or other communications will be sent: City: City of Huntington Beach ATTN: Community Development 2000 Main Street, P.O. Box 190 Huntington Beach, CA 92648 SECTION 60. COMPLIANCE WITH LAWS Lessee: Currents Outdoor, LLC I 0925 Kamela River Avenue, Suite G Foutain Valley, CA 92708 Attn: ________ _ Lessee, at its sole cost and expense, shall comply with all statutes, ordinances, regulations and requirements of all governmental entities, including, without limitation, Federal, State, county or municipal, relating to Lessee's use and occupancy of the Property and/or operation of the Nursery whether such statutes, ordinances, regulations and requirements be now in force or 26-17772 407652 35 301 hereinafter enacted. This Lease is expressly subject to the laws, regulations and policies of City. Lessee shall deliver to City a copy of any notice from any governmental entity received by Lessee regarding any alleged violation of law regarding the Lease, Property or the Nursery or from any person allegedly entitled to give notice under any conditions, covenants, or restrictions binding or affecting the Property. The judgment of any court of competent jurisdiction, or the admission by Lessee in a proceeding brought against Lessee by any govermnent entity, that Lessee has violated any such statute, ordinance, regulation or requirement shall be conclusive as between City and Lessee and shall be grounds for termination of this Lease by City. SECTION 61. INTERPRETATION OF THIS LEASE The language of all parts of this Lease shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Lease is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Lease. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Lease, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Lease which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 26-17772 407652 36 302 SECTION 62. SURVIVAL Terms and conditions of this Lease, which by their sense and context survive the expiration or termination of this Lease, shall so survive. SECTION 63. MODIFICATION No waiver or modification of any language in this Lease shall be valid unless in writing and duly executed by both parties. SECTION 64. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Lease are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Lease. SECTION 65. BROKERS Each party warrants to and for the benefit of the other that it has had no dealings with any real estate broker or other agent (attorneys excepted) in connection with the negotiation or making of this Lease. SECTION 66. INDEPENDENT CONTRACTOR Lessee acknowledges and understands that at no time shall Lessee act in the performance of this Agreement as an employee of City. Lessee shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for Lessee and its officers, agents and employees and all business licenses, if any, in connection with the Lease and/ or operation of the Nursery. 26-17772 407652 37 303 SECTION 67. ATTORNEY'S FEES Except as expressly set herein, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Lease or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. SECTION 68. LEGAL SERVICES SUBCONTRACTING PROHIBITED Lessee and City agree that City is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. Lessee understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable for payment of any legal services expenses incurred by Lessee. SECTION 69. GOVERNING LAW This Lease shall be governed and construed in accordance with the laws of the State of California. SECTION 70. DUPLICATE ORIGINAL The original of this Lease and one or more copies hereto have been prepared and signed as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who signed it. SECTION 71. ENTIRETY The parties acknowledge and agree that they are entering into this Lease 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 Lease. The parties also acknowledge and agree 26-17772 407652 38 304 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 Lease, and that that party has not executed this Lease in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Lease. The Lease, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Lease, the Property, the leasing of the Property to Lessee, or the lease term created under this Lease and supercede all prior understandings and agreements, whether oral or in writing between the parties respecting the subject matter hereof. SECTION 72. CITY DISCOUNT Lessee shall provide the City of Huntington Beach a minimum 20% discount on all tree and plant purchases, with exact discount varying by species and volume. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed by and through their authorized officers on _________ , 2026. 26-17772 407652 39 305 CU~OOR,LLC By: ~~ Its: -7'Z:-~"""'i:::>c. ~' CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Cmc--L _ By: -------------- Its : REVIEWED AND APPROVED: City Manager Exhibits: A: Legal Description and Map of Property B: Conditional Use Permit C: Easements and Encumbrances 26-1 7772 407652 40 Mayor City Clerk APPROVED AS TO FORM: City Attom_ey INITIATED AND APPROVED : // I ~1 J!J1r~ birector of-Eeeno rnic Development Co~uVli ~ 306 EXHIBIT A Legal Description APN: 155-094-11 City Owned Parcel North of Adams West of S.A River That portion of Section 5, Township 6 South, Range 1 0 West, in the Rancho Las Balsas, City of Huntington Beach, County of Orange, State of California, as per map recorded in book 51 page 14 of Miscellaneous Maps, in the office of the County Recorder of said County, described as follows: Beginning at the intersection of the South line of said Section 5 with the Westerly line of the joint outfall sewer right of way as described in the deed recorded in book 673 page 389 of Official Records of Orange County, California; thence South 89° 29' 00"West along the Southerly line of Section 5, 217.18 feet; thence North 0° 31' 00"West 660.00 feet; thence North 89° 29' 00" East 380.00 feet to said Westerly line of the joint outfall sewer right of way; thence South 13° 20' 30" West 679.19 feet along said Westerly line to the point of beginning. EXCEPT all oil and gas and other minerals of whatsoever nature on, in and under the lands above described, or that may be produced therefrom, but that the extraction and removal of such minerals must be by means other than by entering upon the surface of said land, as reserved by Tide Water Associated Oil Company, recorded May 24, 1956, in book 3523 page 69, Official Records. 307 Map of Property (Leased Premises) 308 EXHIBITB NOTICE OF AC1'I0N Subje:Ct: _Yaur _application was acted upon by the autitingtcin Beach Pianriing Comm:issi'on Qn ·-~'-"''-"""'---""-~"-''-----and yow: re(.!:uest was-~ Withdrawn-------------- A~p:tov'ed -----------------­ Approved wi t1i Condi tion·s _a·o•·•'-- Dis_aPprov-ed ----'-C...'------'------- \1 Tabled __________________ _ ··Uhaer ._"tn~ proV:ts_ions· 'Qf the Bi.i~t:ington Bea.ch o;::dinanc~ Code,; .th-e a,ction taJten ·'by tb._¢_ •Pl.inning C:o:mmissio!l: is final. unless an aJ?p~l •is_ filed to_ . t'.he. Ci.ty Council:: by: you or an intez:ested Earty~ Said a.ppea.L, must Pe,. in w:cir,;tng -and must set; _£0:c_th_ i,n detail the actions and .groun,ds by_.and' tll?Qn :which the applicant. or interested. party_ dE!ems :hil!ISe.1-f ·aggr:i._e~e.d. ,sa __ id'. al?peil :mus;t l::te af:"cofflpanied b:r a fil.ing f~e _of .-one bµru:1;red-· and 1/ -s;-xt:(-five. ($165) doll.i.r&, and be _s~bmitt-e_d ?? tl;'·e Pi,ti~·.\'.:!·;exk~.s .CJ;~ce .: w1.tlu,n-ten .(10) days of-'the date ·-01: the. COllUll:t..:SSl-On 's ·ac:;t:rnnt·-. · .i,-,--· · ln·:yoi.\Z' °C2.$e;· the:, las_t.. day -for ;fi.liri.g.··~n ·appeal and pay_i°ng fe.e-is .: .. i,:C:1 .l:.: ... u··,:, _Pro"vis_ions -~£ the Htinting-ton Beach Ordib.anc~ :coa.e ·are sui:::h appli_catiOn becomes null and _voia: one (l) year _after final 1:mleiss actual construction has star:ted~ ·~~· u .Jatt\~s ~-• i?aiin, .Secretary the fHiµg ,:/ fhci.t_ any \\ ap~r.ov:a.1, A-PC-LT-IA 309 0 -­ f?.:ffl_,_H_un_ti~ng::,.t_on_B_e_ac_h_P_lan_n_in-=-:-~_om_m_is_s_.io-'-n_ ~ P,O, BOX ~90 • CALIFORNIA 92648 ... -: Timothy Woodson (woqdha.U. G:co.1'1ers) 15161 van Buren Mid.way City~ CA 9265,S ,.SOBJEC'l,': R.EOUEST: CONDI'l'!ONAL·USE PERMIT 185-6 TO establish a whulesa.l.e nurse~y within the Rl zo~e LOCATION:. Al>utting the w~st side ot tl:te Santa -;:.na River~ 680 feet north .of Adams Fin-. .. _ )s_ f(;Z' Approval:. l. Ttle proposeu nursery is compatible with e:xist.in9 us.es in the vicinity because it is small. scale and £cir wha.tt,sal.e purf)oseS only. 2. The ca1,ditions of appruva.L wiil as.Sure that tne iJ.ropdsed· nursery wil1 :not hav·e a detrimental_eftect upon tbe genera.i ·~enltb., we.Lfare, safety p.na conve_nience o.f perlions res'id.ing_ in tbe neighbor.hood, nor be detrimental to. the "V.aJ.ue. of the pro,?erty and. i:mp:rovements int.he neighbo~_hooct. J. The p:roposed nursery is conSistent with the goals. arla obJectives of the·Genei.:al P.lan. 4. ·Access to a~d parking· for the proposea use will not cr~ate undue traffic problerus beca~se the us~ is who~esa1e and not open to the pUblic. conditiOns of A.!,)p:ravai: l. • The conce,?tua.L site pl.an dated· Fevru5.ry 1, .L!,)8'5,. ·sha11· be amenued to include the· following: Employee_ paikin.g a:r-ea _ actJa:cent to the so~th .. botllla.ary of the proJe.ct * Truck 1.oauing a.na unJ..oadin~ a:rei, to .t.>e ·-kept 1.8:S fe~t f'.rom • residential, adJacent to the south ~ot.ndar;i." of the. pro;iect. 310 i f I f. ( L. ,. The so.aae nouse shall. be setback Ji-'='ater tho.u 20 teet •J:rcim the westerly block wall and shall'tlot exceed J.5 teet in height o,;,en on all siues. Tt,e ue.si~n of the structure.shall be subject to the review of the Dir"ector:ot·Developrnent t:,ervices.· The site and access road shall be mq,-i.i.ta.ined witb _yraVe_l ground cover ·or othet sui'.table mate:i:ial to c&a.tro1 d.irt aca oust. a. As.1,1halt paviny transit.ion from-'drivewa~ a.i;iron shall-ue to the satisfaction and spedfications· ·of the FUbli'c works oepartment. All soil arnendruents or planting mix ruateridl i:1,ia!! P~·kept. damp as to not blow_ onto aa;iacent properties.,:_1 All su.cb materia~ shall not be stacked over a·heignt Of six (6) -~~,et' an!l • shall not he Stored. within 2V teet 6-'! the westerly ")r \~ m:.rtherly property lines. .. . • ;j .. ·~- '!he tal.J.er and larger plant n,aterial~ !:.hal.i nO.t. J:ie sto)~d. • ·v', ~-• within tw-enty {20} teet ot the resiuential properties tit .the ~· -wtist. Lowe.r ·'i;liowing ·trees ana. ~hrubs: on.L_y sha.Ll be permi_tte_d r) witnin 20 :c:eet of thes·e residential :p;ropertie6, sna.Ll __ :be no..i)_ J 0 hl.!,iher than one (1) toot .lower than lhe top e£ existing Dltii::R_ • • ./­wa.U.- 6. chemic.:!l syrayin'3 ._.Qf 1,:iJ.ant materials is yrohiuitea .. _ ·pl,ant watering shall be tlane in such a manner to prevent Water irom flowing into the ie_siclential area. 7. s: There shall be no activity, nor de.Liveries, including . 111i'cf.intenance, 'l;>i;a,tw-een the .ti-ours o.t 8:00 p.1,1. ane1._8:00 A-M, on· weekaays, ex.c.Luding holidays. on weekenus or t1.i1ictaysJ-there s_t,_aJ.J. be no activity Whatsoever other tnan general m~intenance, a, NO r:etail activity or sales to the publ.ic shall take pl.adlb on the ~ro~erty. All vehiC.Les operating Withil:I the nursery: siJal..L not excee;ct s~eeds. ot ten _ClO} .miles per hour. All stock movetn€ent on site shall be via electric cdrts. 9. Outside phone al-arms~ interco:ius, ana lOt_'QSpeaker.s are f)rohibitec:1. lo. Atiy yard .L.1.ghting proJ?asea sba.Ll be airected i:l.Way from aajacent· residentia.1, pro~erties. Aµ)( ~i--'l?OSect si!::lnitt<;:1 Sha.i.L cor1torm to Art:..c.1.-e 976 of the auntingtor1 Beach_ .Ord.inance Code. 1 311 'k' 12. Proposed portable arid permanent office a.11d storu~e b4ilctings (ineludin'::I storage bins) sha.ll l;_\e J.ocatect within -ti,fty_ {50) feet from tbe east property Hnl, a!].d: sub.:,ec~ tC., :t._.~view ano. •• ap.i;iroval by the Di-rector of D_eveiJ.ori·,nent_ Ser':'l..ces\ AJ.l cnE:inicals used. or storea. at iJ-,:e :o;ub.).ect site _sh'i}l.L t;. ap,t,1rovect by the Orange county A9,.ficultural De-_tlcaitmert;t-1 ·?,s re(,f,uired .by law. \, . •. \'i • . . ,. . I· • The ap.J:)J.icant sha.tl St.)'.,-i,dt a 1,:ra~\ing p.1.an tp the Depilr_tment: .. of.Public works for review, appro\yal, anct i-Ssuance J:1:iio.t' to-. ··( ariy ':)re;;d.ing ·operation or cnan'::le ·9\1:•'ur<l;rnag~. • 14 . 15. • proof of; access rignts on the coJhty. &anita'.:.k,n ·oist.fict .road • , .. , t· shall .De. suumitted to the nepartnieh,t;, ot; J)ev·e1.o,i?lt!e~t &e;-viees .. -~:·' within60<t.iys~ · ., ,·;--• ----·· • ,,·--· 16. This_ conditional use I;>erinit_ is suo:,eci:. ·co-;1.Rnua.L r~yiew. JG)y violation. of. tP,e conditions of this. re:po:rt.·, or iipp-lic<:1._ble zoning l.a\ols may.be cause tor revocation of -tlUs: cox:iditiqna.J. use_ Permit. • • • • l. i ~ comp.lex: will comp.Ly with al.l appJ.io_a.ble re~u.l.a1.i_ons bf :i:he ,, .auntingtpn Aeach pire Department. I he:teby ce'rtify that co:iictitionaL use Pei-mi.t No. 85--6' Was app.t;'o~.ea ,by the Planning cooissiori _of_ the ci_ty _of HUnt_ington: seach, cal.ifoxcnii:I:,_. on Natch 19i l.S85;. upon the ~ore.,;,,oing conctition_s an,;l Citations~ .. - very trul.y_yours: • • /.11 l •• 'i !' ,·I /·· . • . :k;i--=1,~MM, I" James WA··_pa.t°in --~" Secretary P.L_annin\:I cOIIUllission JWp.:-loJ:1 (209.sa) D 312 ,;n 2 OF 11 ~LE !'• 100' 5EE SHEET I FO. 114$15 IJ' B£""'1t«;S, /OU!E~T 'CJTES, AlfJ 5U'IYl:•CJ!'S NDTES EXHIBITC RECORD OF SURVEY 90-1056 IN THE CITIES OF HUNTINGTON BEACH, COSTA MESA, FOUNTAIN VALLEY AND THE AND THE UNINCORPORATED TERRITORY OF THE COUNTY OF ORAf'GE, STATE OF CALIFORNIA IIICIIAO. B. EMWCiNS P.L.S. 'S8ff April 21, 2026 Approval of New Lease Agreement with Currents Outdoor, LLC City-Owned Property at 10449 Adams Avenue 313 Property Overview 10449 Adams Avenue – City-Owned Site •Size: 3.9 acres •Use: Wholesale nursery since 1985 under CUP •Former Tenant: Month-to-month; limited reinvestment; nonpayment of rent •Constraints: o Southern California Edison (SCE) easement o Restrictions on permanent structures o Adjacent to residential 314 Background •At the City’s request, prior tenant vacated the site •Prior tenant coordinated with PoolMax to relocate product and equipment to the rear SCE parcel, which SCE reassigned to PoolMax •PoolMax: design/build firm specializing in pools, hardscape, and outdoor environments, serving HB/coastal OC for ~30 years •Moon Valley Nursery withdrew interest due to ingress/egress easement constraints tied to the SCE parcel •PoolMax seeks to lease the City parcel as-is to expand (nursery, landscape yard, tree- growing) •City Public Works cleared/remediated the site, avoiding the need for a potential rent credit to a new tenant •PoolMax formed Currents Outdoor, LLC as a related entity to operate the nursery use 315 Key Lease Terms Term Details Lease Duration 5 years + 5-year extension option Rent*$2,620/month, 2% annual increases Rent Advance + Security Deposit Initial 6 months’ rent shall be prepaid in advance + a one-month security deposit Use Wholesale nursery only (CUP-compliant) City Benefit 20% minimum discount on plant purchases *Rent reflects site constraints (SCE easement and limits on permanent structures) 316 Tenant Improvements •Focus on drought-tolerant and California-native plant species •$150,000 – $200,000 investment in trees and landscape inventory •Fence repairs to enhance site integrity •Installation of a comprehensive irrigation system to support long-term sustainability 317 Benefits & Considerations •Preserves long-standing wholesale use •Adds value through private investment •Generates new General Fund revenue •Offers discount on City plant purchases •Professional operator with track record •Currently occupies rear parcel (expansion creates no new ingress/egress impacts) •Existing access and utilities (including shared water meter) already in place 318 Approve the lease with Currents Outdoor, LLC for the property located at 10449 Adams Avenue Recommendation 319 Questions? 320 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-339 MEETING DATE:4/21/2026 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:Ryan Reilly, Police Captain and Kimberly Rodriguez, Management Analyst Subject: Approval of "Agreement for Provision of OC Animal Care Services Between County of Orange and the City of Huntington Beach" for animal care services Statement of Issue: Since 1975, the City of Huntington Beach has contracted with the County of Orange for animal control services. Animal control and shelter services are essential for protecting public safety, promoting animal welfare, and ensuring compliance with state and local regulations. These services play a critical role in rabies control, handling dangerous animals and related incidents, managing stray populations, investigating animal cruelty cases, and providing rescue, licensing, and adoption programs. Outsourcing these services ensures comprehensive coverage, including field response, animal care, shelter operations, licensing, adoptions, and response to barking dog complaints, allowing the Police Department and other City staff to focus on core public safety and community priorities. OCAC has demonstrated that it is a qualified, stable, and comprehensive provider, and remains well- positioned to continue serving the City effectively over the next five years. Financial Impact: The contract with OCAC will be a five-year agreement, with annual funding determined through a Notice of Intent (NOI) submitted by OCAC each fiscal year. The FY 26/27 NOI is approximately $1.74 million ($1,738,803), but this is not a fixed amount, as actual costs will vary based on services provided. Funding for these services is included in the City’s annual operating budget, with no additional General Fund impact anticipated. Contracting with OCAC provides cost efficiencies through shared regional resources and avoids the substantial expenses of establishing a City-operated system. City of Huntington Beach Printed on 4/15/2026Page 1 of 2 321 File #:26-339 MEETING DATE:4/21/2026 Recommended Action: Approve and authorize the Chief of Police and City Clerk to execute the "Agreement for Provision of OC Animal Care Services Between County of Orange and the City of Huntington Beach." Alternative Action(s): Do not approve agreement, and direct staff accordingly. Analysis: When the City first considered partnering with the County, it evaluated alternatives, including establishing its own animal services department. Research showed that creating a standalone City operated system would require significant time and resources. This analysis supported the decision to partner with OCAC, providing comprehensive services efficiently and cost-effectively. The proposed agreement with Orange County Animal Care (OCAC) covers the term from May 31, 2026, through May 30, 2031. The agreement provides city-wide animal care services, including field response, patrol, investigations of cruelty and bites, licensing, sheltering and adoption services, and barking dog complaint response. Continuing this partnership ensures consistent, reliable service delivery while avoiding the significant operational, staffing, and capital costs required to establish a standalone City-operated system. By leveraging regional resources and established facilities, the City maintains high-quality animal control and shelter services efficiently and cost-effectively. 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: 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. RCA Contract Agreement Summary 2. OC Animal Care Services agreement City of Huntington Beach Printed on 4/15/2026Page 2 of 2 322 RCA Contract Agreement Summary CITY OF HUNTINGTON BEACH VENDOR NAME + TYPE OF SERVICE CONTRACT INFORMATION GENERAL INFORMATION TYPE OF AGREEMENT (Professional Services, Service Agreement) PROCUREMENT SCOPE OF WORK TOTAL COMPENSATION TERM OF CONTRACT/AGREEMENT OTHER: Bonds, Special Contract Terms, Emergency DATE PRESENTED REQUESTING DEPARTMENT STAFF CONTACT(S)INSURANCE STATUS 4/21/26 POLICE RYAN REILLY, POLICE CAPTAIN Costs vary annually; FY26-27 costs: $1.74M 5 YEARS COUNTY OF ORANGE SERVICE AGREEMENT COUNTY OF ORANGE PROVIDES CITY-WIDE ANIMAL CONTROL, SHELTER OPERATIONS, AND COMPLAINT RESPONSE TO ENSURE PUBLIC SAFETY AND ANIMAL WELFARE. 323 LO CITY OF rD HUNTINGTON BEACH 324 AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES BETWEEN COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH MAY 31, 2026 THROUGH MAY 30, 2031 THIS AGREEMENT entered into this 31st day of MAY, 2026, which date 1s enumerated for purposes of reference only, is by and between the COUNTY OF ORANGE, a political subdivision of the State of California ("COUNTY") and the CITY OF HUNTINGTON BEACH ("CITY"). This AGREEMENT shall be administered by County of Orange OC Community Resources ("ADMINISTRATOR"). COUNTY and CITY may be referred to individually as a "PARTY" and collectively as the "PARTIES." W I T N E S S E T H: WHEREAS, COUNTY owns, and through OC Animal Care operates, an animal care shelter facility at 1630 Victory Road, Tustin, California ("SHELTER"); and WHEREAS, CITY wishes to contract with COUNTY for the provision of the Animal Care Services described herein; and WHEREAS, COUNTY is willing and able to provide such services on the terms and conditions hereinafter set f01th: II II II II II II II II II II II II II NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 325 II II II CONTENTS PARAGRAPH PAGE Title Page.................................................................................................................................. 1 Contents.................................................................................................................................... 2 Referenced Contract Provisions.............................................................................................. 3 I. Alteration ofTerms.................................................................................................................. 4 II. Indemnification and Insurance ....... ........ .... ..... .. . ........ ............................ ...... ......................... .. 4 III. Notices...................................................................................................................................... 5 IV. Severability............................................................................................................................... 5 V. Status of the Parties.................................................................................................................. 5 VI. Term......................................................................................................................................... 6 VII. Termination.............................................................................................................................. 6 VIII. Third Party Beneficiaiy............................................................................................................ 6 IX. Waiver of Default or Breach.................................................................................................... 7 X. Use of Shelter Upon Discontinuance of Use by County........................................ 7 XI. Participation of New Cities......................................................................... 7 XII. Governing Law and Venue.......................................................................... 8 XIII. Attorney Fees.......................................................................................................................... 8 XIV. Appropriations.......................................................................................... 8 Signature Page.......................................................................................................................... 9 EXIIlBITA I. Definitions................................................................................................................................ 1 II. Services to be Provided by County......................................................................................... 1 III. Payments ............. .. ........ ....... .. ... .. . ...... ............ ... . ........ ........................... ....... ........ ................ .. .. 4 IV. City Managers Association Animal Care Committee............................................................. 5 V. Laws and Regulations.............................................................................................................. 5 VI. Repotts........ ............ ......... ...... ...... ....... ..... ... ....... ........ ...... ....................... ........ ..................... .. ... 6 VII. Records..................................................................................................................................... 7 EXIIlBITB Animal Care Notice oflntent. ........................................................................................... 1 Page CITY OF HUNTINGTON BEACH 2 of9 326 REFERENCED CONTRACT PROVISIONS Term: MA Y31, 2026 through MAY 30, 2031 Notices to COUNTY and CITY: COUNTY: County of Orange CITY: II II II II II II II II II II II II II II II II II II II OC Community Resources Director's Office 1770 Nmth Broadway Santa Ana, CA 92706-2642 and County of Orange OC Community Resources OC Animal Care Director 1630 Victmy Rd. Tustin, CA 92782 Ryan Reilly Police Captain City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 CITY OF HUNTINGTON BEACH 3 of9 327 I. ALTERATION OF TERMS This AGREEMENT, together with Exhibit A and B, attached hereto and incorporated herein by reference, fully expresses all understanding of COUNTY and CITY with respect to the subject matter of this AGREEMENT, and shall constitute the total agreement between the PARTIES for these purposes. No addition to, or alteration of, the terms of this AGREEMENT, whether written or verbal, shall be valid unless made in writing and formally approved and executed by both COUNTY and CITY. II. INDEMNIFICATION AND INSURANCE A. CITY agrees to indemnify, defend and hold COUNTY, its elected and appointed officials, officers, employees, agents and those special districts and agencies for which COUNTY's Board of Supervisors acts as the governing Board ("COUNTY INDEMNITEES") harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to personal injmy or property damage, arising from or related to the services, products or other performance provided by CITY pursuant to this AGREEMENT. If judgment is entered against CITY and COUNTY by a court of competent jurisdiction because of the concurrent active negligence of COUNTY or COUNTY INDEMNITEES, CITY and COUNTY agree that liability will be apportioned as determined by the court. Neither PARTY shall request ajmy app01iionment. B. COUNTY agrees to indemnify, defend and hold CITY, its elected and appointed officers, employees, agents, directors, members, shareholders and/or affiliates harmless from any claims, demands, including defense costs, or liability of any kind or nature, including but not limited to, personal injury or property damage, arising from or related to the services, products or other perfo1111ance provided by COUNTY pursuant to this AGREEMENT. If judgment is entered against COUNTY and CITY by a court of competent jurisdiction because of the concurrent active negligence of CITY, COUNTY and CITY agree that liability will be apportioned as determined by the court. Neither PAR TY shall request a jmy appotiionment. C. Each PARTY agrees to provide the indemnifying PARTY with written notification of any claim related to services provided by either PARTY pursuant to this AGREEMENT within thirty (30) calendar days of notice thereof, and in the event the indemnifying PAR TY is subsequently named party to the litigation, each PAR TY shall cooperate with the indemnifying PARTY in its defense. D. Without limiting CITY's indemnification, CITY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by ADMINISTRATOR, CITY shall provide evidence of such insurance. E. Without limiting COUNTY's indemnification, COUNTY warrants that it is self-insured or shall maintain in force at all times during the term of this AGREEMENT, the policy or policies of insurance covering its operations, placed with reputable insurance companies. Upon request by CITY, COUNTY shall provide evidence of such insurance. CITY OF HUNTINGTON BEACH 4of9 328 III. NOTICES A. Unless otherwise specified, all notices, claims, correspondence, reports and/or statements anthorized or reqnired by this AGREEMENT shall be effective: 1. When written and deposited in the United States mail, first class postage prepaid and addressed as specified on Page 3 of this AGREEMENT or otherwise directed by ADMINISTRATOR or CITY; 2. When F AXed, transmission confirmed; 3. When sent by electronic mail; or 4. When accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivety service. B. Termination Notices shall be addressed as specified on Page 3 of this AGREEMENT or as otherwise directed by ADMINISTRATOR or CITY and shall be effective when FAXed, transmission confirmed, or when accepted by U.S. Postal Service Express Mail, Federal Express, United Parcel Service, or other expedited delivety service. C. Each PARTY shall notify the other PARTY, in writing, within twenty-four (24) hours of becoming aware of any occurrence ofa serious nature, which may expose either PARTY to liability. Such occurrences shall include, but not be limited to, accidents, injuries, or acts of negligence, or loss or damage to any COUNTY property in possession of CITY. D. For purposes of this AGREEMENT, any notice to be provided by COUNTY may be given by ADMINISTRATOR. IV. SEVERABILITY If a court of competent jurisdiction declares any provision of this AGREEMENT or application thereof to any person or circumstances to be invalid or if any provision of this AGREEMENT contravenes any federal, state, or county statute, ordinance, or regulation, the remaining provisions of this AGREEMENT or the application thereof shall remain valid, and the remaining provisions of this AGREEMENT shall remain in foll force and effect, and to that extent the provisions of this AGREEMENT are severable. V. STATUS OF THE PARTIES Each PARTY is, and shall at all times be deemed to be, an independent contractor and shall be wholly responsible for the manner in which it performs the services required of it by the terms of this AGREEMENT. Each PARTY is entirely responsible for compensating staff and consultants employed by that PARTY. This AGREEMENT shall not be construed as creating the relationship of employer and employee, or principal and agent, between COUNTY and CITY or any of either PARTY's employees, agents, consultants, or subcontractors. Each PARTY assumes exclusively the responsibility for the acts of its employees, agents, consultants, or subcontractors as they relate to the services to be provided during CITY OF HUNTINGTON BEACH 5 of9 329 the course and scope of their employment. Each PARTY, its agents, employees, or subcontractors, shall not be entitled to any rights or privileges of the other PARTY' s employees and shall not be considered in any manner to be employees of the other PARTY. VI. TERM A. The term of this AGREEMENT shall commence as specified on Page 3 of this AGREEMENT. B. The term of this AGREEMENT shall be automatically renewed each July for twelve (12) additional months, for a period of five (5) years, provided no notice of termination has been given by either PAR TY in accordance with the "TERMINATION" paragraph of this AGREEMENT. VII. TERMINATION A. COUNTY may terminate this AGREEMENT, without cause, upon twelve (12) months written notice to CITY or immediately upon default by the CITY of its obligations hereunder. B Upon termination, both PARTIES shall be obligated to perform such duties as would normally extend beyond this term, including but not limited to, obligations with respect to confidentiality, indemnification, audits, reporting and accounting. C .. The obligations of COUNTY or CITY under this AGREEMENT are contingent upon the provision of sufficient funding for the services hereunder in the applicable budgets approved by the Board of Supervisors and the CITY' s City Council. In the event such funding is subsequently reduced or not appropriated, either PARTY may terminate this AGREEMENT upon thirty (30) calendar days written notice to the other PARTY. CITY acknowledges that the sharing of costs among the COUNTY and all contracting cities provides cost efficiencies and operational savings to COUNTY and each contracting city, and that COUNTY and each contracting city have entered into their services agreements in reliance on such shared costs and resulting savings. CITY further acknowledges that the withdrawal by CITY from the program would increase the financial burden of services on COUNTY and all remaining contracting cities, and acknowledges and agrees that it is the current intent of CITY to acquire Animal Care Services from the COUNTY pursuant to this AGREEMENT for a term of at least five (5) years, and that other cities acquiring services from the COUNTY are relying on CITY's stated intention and the sharing of costs with CITY in electing to acquire similar services. CITY acknowledges and agrees that this AGREEMENT is contingent upon other local cities entering into similar agreements with the COUNTY to provide Animal Care Services for a period of five (5) years, and that this AGREEMENT will not be effective until other cities enter into similar agreements with the COUNTY to provide an estimated annual aggregate of at least 75% of the dollar value of Animal Care Services provided to contract cities during the twelve months prior to execution of this AGREEMENT. VIII. THIRD PARTY BENEFICIARY Neither PARTY intends this AGREEMENT to create rights hereunder in any third parties including, CITY OF HUNTINGTON BEACH 6 of9 330 but not limited to, any subcontractors or any clients provided services hereunder. IX. WAIVER OF DEFAULT OR BREACH Waiver of any default shall not be considered a waiver of any subsequent default. Waiver of any breach of any provision of this AGREEMENT shall not be considered a waiver of any subsequent breach. Waiver of any default or any breach shall not be considered a modification of the terms of this AGREEMENT. X. USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY A. The SHELTER, which is owned and operated by COUNTY, shall be used by COUNTY for the provision of services for contracting cities and COUNTY unincorporated areas, as needed, pursuant to the tem1s of current and future services agreements. In the event COUNTY elects to discontinue usage of the SHELTER for animal sheltering purposes prior to December 31, 2066, COUNTY shall offer to those CITIES then currently contracting with COUNTY, whose AGREEMENTS contain this provision, to receive services pursuant to a services agreement the opportunity to lease the SHELTER strictly for animal sheltering purposes until such date, at a costs of $1.00 per year plus all rental costs, if any, owed to South Orange County Community College District (SOCCCD) pursuant to the Ground Lease entered into between COUNTY and (SOCCCD). B. Each and every CITY exercising this option shall be responsible for all operational costs; utility costs; maintenance, alteration, repair, and improvement costs; and any other costs of sustaining and operating an animal shelter at the site and shall indemnify COUNTY for any costs or liabilities resulting from or relating to the site. Upon exercise of the option, the COUNTY and the optioning CITIES shall use best efforts to negotiate mutually agreeable terms for the resulting lease. If the PAR TIES cannot agree to mutually agreeable terms within one hundred and eighty (180) days after the exercise of the option, the option will terminate. The option provided for in this subsection is exclusive to those CITIES described above and may only be exercised collectively by those CITIES that elect to exercise the option or, if only one CITY wishes to do so, by that single electing CITY. The option must be exercised, if at all, within one hundred and eighty (180) days after COUNTY notifies CITIES of its decision to discontinue use of the SHELTER for animal sheltering purposes. The option provided herein shall be contingent upon the ground lease not terminating by its terms prior to COUNTY obtaining fee hold possession of the site. C. In the event COUNTY does not yet have fee hold possession of the site as of April 29, 2034, the expiration date of the ground lease, COUNTY shall, at least six months prior to that date, consult with those CITIES then contracting with COUNTY for SERVICES regarding proposed methods of accessing continued use of the site. XI. PARTICIPATION OF NEW CITIES A. After full execution of this AGREEMENT, cities not a PARTY to this AGREEMENT (either ClTY OF HUNTlNGTONBEACH 7 of9 331 new cities or cities previously a PARTY to this AGREEMENT whose AGREEMENT has terminated) may be added to the COUNTY's Animal Care Services program at the discretion of and under terms deemed acceptable by the COUNTY. If such new or returning city requests to participate in the Animal Care Services program, and COUNTY elects to provide Animal Care Services to such city, such city will be required to pay all, or, if such expansion is necessitated by the participation of multiple new and/or returning cities, its pro rata portion, of the costs of any SHELTER expansion attributable to such city's anticipated use of the SHELTER. If the COUNTY determines, at its sole discretion, that no expansion is required to accommodate a new or returning city, said city or cities shall be required to pay, in addition to actual annual costs, 5% of its Notice of Intent (see Exhibit A, Section II.A)for shelter maintenance and repair which shall be used by COUNTY to defray the cost of capital projects for the current PARTIES to this Agreement whose contracts did not terminate. CITY payment of 5% above annual Notice of Intent shall be limited to the te1m of this AGREEMENT. For the sake of clarity and avoidance of misunderstanding, new or returning cities will not be offered the option to lease SHELTER facilities pursuant to the "USE OF SHELTER UPON DISCONTINUANCE OF USE BY COUNTY" paragraph of this AGREEMENT. XII. GOVERNING LAW AND VENUE This AGREEMENT has been negotiated and executed in the State of California and shall be governed by and construed under the laws of the State of California. In the event of any legal action to enforce or interpret this AGREEMENT, the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California, and the PARTIES hereto agree to and hereby submit to the jurisdiction of such court, notwithstanding Code of Civil Procedure Section 394. Furthermore, the PARTIES specifically agree to waive any and all rights to request that an action be transferred for trial to another county. XIII. ATTORNEY'S FEES In any action or proceeding to enforce or interpret any provision of this AGREEMENT, or where any provision hereof is validly asserted as a defense, each PARTY shall bear its own attorney's fees, costs and expenses. XIV. APPROPRIATIONS During the term of this AGREEMENT, for each fiscal year, CITY shall make reasonable efforts to adopt all necessary budgets and make all necessary appropriations for all payments due hereunder. To the extent COUNTY has not terminated this AGREEMENT as provided hereunder, the CITY shall continue to make reasonable efforts to make all payments required hereunder. [SIGNATURE PAGE FOLLOWS.] CITY OF HUNTINGTON BEACH 8 of9 332 IN WITNESS WHEREOF, the PARTIES have executed this AGREEMENT in the County of Orange, State of California. CITY OF HUNTINGTON BEACH ¼Afb;;L-0 Chief of Police ATTEST: BY: DATED : CITY CLERK APPROVED AS TO FORM : ?J--~ BY: DATED: tf/,/uv{ ~ CITY ATTORNEY COUNTY OF ORANGE BY: DATED: TITLE: APPROVED AS TO FORM: OFFICE OF THE COUNTY COUNSEL ORANGE COUNTY, CALIFORNIA BY: DATED: DEPUTY CITY OF HUNTINGTON BEACH 9 of9 333 EXHIBIT A TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31, 2026 THROUGH MAY 30, 2031 I. DEFINITIONS A. "Actual Cost" means all COUNTY expenditures, including indirect charges, for providing Animal Care Services to CITY pursuant to this AGREEMENT. B. "Animal Care Notice of Intent" means the document, signed by authorized representatives of COUNTY and CITY, which specifies all Animal Care Services COUNTY intends to provide to CITY, the estimated cost of the services, and the effective date. C. "Animal Care Service(s)" means one or more service to be provided by COUNTY to CITY, as specified, by category, in Paragraph II.B. of Exhibit A to this AGREEMENT. D. "Fee Revenue" means revenue collected by COUNTY for Animal Care Services provided by COUNTY to CITY pursuant to this AGREEMENT. E. "Fiscal Year" means a twelve (12)-month period from July through June. F. "Net Cost" means Actual Cost minus Fee Revenue. G. "Service Details" mean the activities performed by COUNTY within an Animal Care Service categmy. II. SERVICES TO BE PROVIDED BY COUNTY A. ANIMAL CARE NOTICE OF INTENT 1. Annually, by March 1, CITY shall identify which of the Animal Care Services, specified below in subparagraph II.B. of Exhibit A to this AGREEMENT, CITY would like COUNTY to provide during the next Fiscal Year. CITY and COUNTY may agree to individualized levels of Service Details within the Animal Care Services selected. Requests for individualized levels of Service Details will only be considered by COUNTY if the resulting service level will not conflict with state or federal statutes and will not endanger public health. 2. Annually, by April 1, COUNTY shall prepare and send to CITY an Animal Care Notice of Intent which shall include, but not be limited to, a list of Animal Care Services, and individualized Service Details, if any, COUNTY agrees to provide, estimated costs for said services, and the start date for those services. COUNTY shall provide the Animal Care Services specified in the Animal Care Notice oflntent signed by both ADMINISTRATOR or designee, and an authorized representative of CITY. 3. Upon mutual AGREEMENT of CITY and COUNTY, COUNTY may prepare a new or CITY OF HUNTINGTON BEACH 1 of7 EXHIBIT A 334 amended Animal Care Notice of Intent at any time, may change due dates specified in subparagraph II.A.I. and II.A.2. of Exhibit A to this AGREEMENT, and may modify the format of the Animal Care Notice of Intent attached to this AGREEMENT as Exhibit B. B. ANIMAL CARE SERVICES-COUNTY provides the following seven (7) categories of Animal Care Services. COUNTY shall provide to CITY the Animal Care Services specified on the most current, Animal Care Notice oflntent for the Fiscal Year, signed in accordance with subparagraph II.A.2. of this Exhibit A to the AGREEMENT. Each categmy of service includes Service Details which may be added or changed by ADMINISTRATOR upon six (6) months prior notification to CITY. However, any new Service Level Details not required by law and which were not contemplated or included in the Animal Care Notice oflntent approved by the PARTIES and in place at the time of the proposed change(s) shall require twelve (12) months prior notice to CITY, and CITY may opt in of the New Service Level Details. 1. ANIMAL CONTROL SERVICES -Animal Control Services include, but are not limited to, emergency response service; patrolling; impounding of stray animals and of owner-released animals; animal cruelty investigations; animal bite investigations; citation issuance; field release to owner and impound fee collection for impounded animals; quarantine activities including home checks of animals involved in bites; site inspections required to comply with vicious dog ordinances; emergency transportation of injured, impounded animals to a veterinarian; impounding of deceased animals for disposal; responses to requests for assistance from law enforcement and CITY officials regarding suspected criminal activities or zoning violations related to animals; advice to residents regarding wildlife management or other animal concerns, not to include wildlife eradication or relocation services; injured wildlife pick-up; animal license issuance and renewal, fee collection and payment services; customer suppoti regarding animal licensing; animal license billing; and delinquent animal license follow-up; assistance to residents regarding potentially dangerous and/or vicious animals; impound data entry; and impound animal photography. 2. ANIMAL CARE SPECIAL SERVICES a. Animal Care Special Services include, but are not limited to animal license issuance and renewal; fee collection and payment services; customer support regarding animal licensing; animal license billing; delinquent animal license follow-up; digital canvassing to locate and license unlicensed animals; inspection of animal-related businesses in CITY jurisdiction in response to complaints and in accordance with COUNTY established inspection schedules; and when applicable, issuance of animal permits for private homes. 3. ANIMAL CARE SHELTER SERVICES a. Animal Care Shelter Services for animals impounded by OC Animal Care include, but are not limited to, retention of impounded animals at COUNTY's Animal Care Shelter (Shelter), public display of animals to allow owner identification; contact of owners when animals are wearing identification; sale or release of impounded animals to residents; animal evaluation for adoption; CITY OF HUNTINGTON BEACH 2 of7 EXHIBIT A 335 reasonable effort toward animal placement; public education; volunteer services; rescue group coordination; euthanasia and disposal of animals that are neither redeemed nor adopted; veterinaiy services and spay/neuter surgeries consistent with standards established by the California Veterinaiy Medical Board; and necropsies on animals that die under suspicious circumstances or at the request of law enforcement. b. CITY may request additional retention days for healthy, non-aggressive impounded animals. Additional retention days will be offered to CITY upon written approval by COUNTY's OC Community Resources Director, or designee, on a space available basis only. c. COUNTY agrees to maintain its Shelter in a humane manner, keep said premises in a clean condition at all times, and use humane methods of care. d. No animals may be donated, sold or otherwise released for the purposes of experimentation, research or vivisection. 4. BARKING DOG COMPLAINT SERVICES -Bai·king Dog Compliant Services include, but are not limited to, receipt of barking dog complaints from residents, customer assistance regarding barking dog complaints, issuance of citations, and administrative hearings in response to complaints received by COUNTY for barking dogs within jurisdiction of CITY. 5. STANDARD LICENSING SERVICES -Standard Licensing Services include, but are not limited to, animal license issuance and renewal, fee collection and payment services; customer support regarding animal licensing; animal license billing; and delinquent animal license follow-up. 6. CITY LICENSE SERVICES a. City License Services include, but are not limited to, issuance of CITY animal licenses at the time of adoption or redemption by owners. CITY shall provide CITY licensing tags to COUNTY. COUNTY shall provide quarterly licensing reports to CITY. b. CITY shall make its best effott to provide updated animal licensing information to COUNTY. 7. ANIMAL IMPOUND SERVICES -Animal Impound Services include, but are not limited to, data entty of impound information for each live or deceased animal from CITY, impound animal photography for each live animal, owner notification of impounded animal, and posting of animal photographs on COUNTY website. COUNTY shall receive CITY animals at Shelter at times arranged by COUNTY. C. COUNTY shall notify CITY of COUNTY's hours of operation for Animal Care Services. COUNTY may adjust hours of operation for Animal Care Services upon ninety (90) calendar days prior notification given to CITY. D. Animals which are being retained for criminal prosecutions, except for violations of animal control regulations and/or ordinances pursuant to this AGREEMENT, are not to be construed as held pursuant to the services provided under this AGREEMENT; housing will be provided at the discretion of COUNTY and at COUNTY's usual and customary charges for such housing. CITY OF HUNTINGTON BEACH 3 of7 EXHIBIT A 336 E. To facilitate the performance of services, COUNTY shall have full cooperation and assistance from CITY, its officers, agents and employees. III. PAYMENTS A. BASIS FOR PAYMENT 1. CITY shall pay COUNTY the Net Cost of providing Animal Care Services specified in Animal Care Notice of Intent for CITY signed in accordance with subparagraph II.A. CITY Net Costs may include services/supplies procured but not yet delivered within the Fiscal Year. 2. The methodology for determining CITY's Actual Cost of Animal Care Services shall be provided to CITY annually in accordance with the Reports paragraph of this AGREEMENT. CITY shall adopt Animal Care Services fees consistent with the most recent animal care services fees approved by the County of Orange Board of Supervisors (the "COUNTY FEES") which fee amounts will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. If CITY wishes to adopt fees which are different from the COUNTY FEES, CITY shall notify COUNTY of the applicable fee amounts to be charged for Animal Care Services within CITY's jurisdiction (the "CITY FEES") and CITY FEES will be charged for Animal Care Services within CITY's jurisdiction and shall be used in determining CITY's Actual Cost of Animal Care Services. 3. COUNTY shall record and retain all Fee Revenue derived from providing Animal Care Services to CITY. CITY's Fee Revenue shall be credited to CITY's Actual Cost of Animal Care Services. COUNTY shall have all fee collection powers of CITY and shall receive full cooperation from CITY to enable efficient enforcement of fee collection. B. PAYMENT SCHEDULE I. Each Fiscal Year, CITY shall pay COUNTY in arrears for the Net Cost of Animal Care Services provided in accordance with the following payment schedule. Billings are due from COUNTY to CITY within thirty (30) calendar days following the three-month Period specified below. Period Billing Due Payment Due July I through September 30 October 30 November25 October I through December 31 Janumy 30 Februmy 25 Janumy I through March 31 April 30 May25 April I through June 30 July 30 August 25 2. Because Actual Costs may fluctuate based on service utilization during a given billing period (e.g. a hoarding case), CITY shall be billed either in equal installments based on its Notice oflntent for that year, or based on actual utilization for the period, whichever is greater for the first three quarters of the year with the final, fourth quarter billed on actual utilization for the full year of services. CITY OF HUNTINGTON BEACH 4of7 EXHIBIT A 337 3. If payment is not received by COUNTY by the payment due date specified above in subparagraph III.B. of Exhibit A to this AGREEMENT, COUNTY may cease providing any further service under this AGREEMENT and may satisfy the indebtedness in any manner prescribed by law. 4. COUNTY may modify the payment schedule upon six (6) months wiitten notification to CITY. IV. CITY MANAGERS ASSOCIATION ANIMAL CARE COMMITTEE A subcommittee of the Orange County City Managers Association representing all cities participating in OCAC services exists to facilitate communication between OCAC and the city managers and staff of participating cities regarding financial and operational matters of OCAC, including, but not limited to: the assessment of cost options for animal care services provided under the Services Agreements; supplemental services or financial requests which result in a change to a participating city's Actual Cost; consideration of new or adjusted fees; and other Service Details which may arise during the course of the AGREEMENT. COUNTY shall provide regular updates on operations to the City Managers Association Animal Care Conm1ittee and to a participating city upon request. V. LAWS AND REGULATIONS A. COUNTY shall comply with all applicable governmental laws, regulations, and requirements related to Animal Care Services, as they exist now or may be hereafter amended or changed and shall enforce federal and state statutes deemed applicable to CITY by COUNTY. Animal Care Services provided by COUNTY to CITY may be changed to comply with said laws, regulations, and requirements. ADMINISTRATOR will make its best efforts to notify CITY of changes that may impact Animal Care Services provided through this AGREEMENT. B. For each Animal Care Service that COUNTY agrees to provide to CITY in an Animal Care Notice of Intent, CITY shall enact and maintain in full force and effect ordinances identical to COUNTY ordinances which apply to said service, including but not limited to, those related to fees. ADMINISTRATOR shall notify CITY of the deadline for adopting said ordinances. If COUNTY is unable to enforce an animal care ordinance because of the limitations of a CITY ordinance or failure of CITY to adopt identical ordinances related to an Animal Care Service, COUNTY may suspend provision of one or all Animal Care Services to CITY or may terminate this AGREEMENT. It is the sole responsibility of CITY to immediately notify COUNTY of any discrepancy between relevant ordinances maintained by CITY and those maintained by COUNTY. D. If CITY wishes to maintain any relevant ordinance that is not consistent, on any point, with COUNTY ordinances, CITY shall immediately notify COUNTY of the discrepant ordinance. At the sole discretion of COUNTY, COUNTY may waive CITY enactment and maintenance of COUNTY animal care ordinances and may agree to enforce, and issue citations for violations pursuant to, the discrepant CITY ordinance. CITY acknowledges that individualized enforcement of unique CITY ordinances may result in increased costs to CITY. CITY OF HUNTINGTON BEACH 5 of7 EXHIBIT A 338 E. CITY shall notify COUNTY ofits intent to add, amend, or delete any CITY animal care ordinance at least ninety (90) calendar days in advance of its addition, amendment, or deletion. F. CITY may request that specific ordinances adopted by CITY not be enforced in CITY by COUNTY. Requests for exclusion must be submitted in writing and received by COUNTY ninety (90) calendar days prior to the requested exclusion. Requests for exclusion will only be considered by COUNTY if they are not in conflict with state statutes and do not endanger public health. COUNTY shall notify CITY, in writing, ofCOUNTY's decision regarding the requested exclusion. G. COUNTY's OC Community Resources Director, or designee, may provide assistance to CITY in defining the manner in which enforcement of a new or amended animal care ordinance would be provided by COUNTY. Requests for assistance must be made in writing and received by COUNTY ninety (90) calendar days prior to the requested implementation of the service. If the cost of such service can be delineated and accommodated by COUNTY, COUNTY will send an amended Animal Care Notice of Intent to CITY which will include reference to the CITY ordinance. H. CITY will reimburse COUNTY for ordinance enforcement, as specified in the "PAYMENTS" paragraph of this AGREEMENT. VI. REPORTS A. Each Fiscal Year, COUNTY shall provide to CITY written, quarterly reports of Animal Care Services revenue and expenses for each period specified below. Said reports will be due to CITY within thirty (30) calendar days of the month following the reporting period, in accordance with the schedule below: Period July 1 through September 30 October 1 through December 31 January 1 through March 31 April 1 through June 30 Reports Due October 30 January 30 April 30 July 30 B. Each Fiscal Year, COUNTY shall provide the following Animal Care Services reports to CITY by July 30: 1. A payment methodology report for Animal Care Services to be provided by COUNTY during the next Fiscal Year and 2. A Fiscal Year intake and outcome report. C. COUNTY may change the due dates for reports specified in subparagraphs VI.A. and VI.B. above upon six (6) months written notification to CITY. D. No less than once evety three (3) years, COUNTY shall engage an external auditor to review CITY billings. CITY OF HUNTINGTON BEACH 6 of7 EXHIBIT A 339 VII. RECORDS A. All records created or received by COUNTY in accordance with the performance of COUNTY services pursuant to this AGREEMENT are confidential. COUNTY agrees to keep said records in such form and manner as the Auditor-Controller of COUNTY shall specify. Said records shall be open for examination by CITY at all reasonable times. B. Once each Fiscal Year, COUNTY shall deliver to CITY only the addresses of each CITY licensed animal upon demand without additional expense or cost to CITY. Any such info1mation requested which is confidential pursuant to the terms of the Public Records Act shall be released to CITY pursuant to govermnent code. Prior to each disclosure, CITY agrees to complete and return to COUNTY a "Confidentiality Agreement" on a form approved or provided by COUNTY. The PARTIES agree and understand that this procedure is required by the Public Records Act and necessitated to permit CITY to obtain the information required for its use, and to allow COUNTY to disclose said information. Upon receipt by COUNTY, the records requested may be released to the extent COUNTY is in possession of such records, and permitted by state law to disclose them voluntarily. II II II CITY OF HUNTINGTON BEACH 7 of7 EXHIBIT A 340 EXHIBITB TO AGREEMENT FOR PROVISION OF OC ANIMAL CARE SERVICES WITH CITY OF HUNTINGTON BEACH MAY 31, 2026 THROUGH MAY 30, 2031 ANIMAL CARE NOTICE OF INTENT This Animal Care Notice oflntent specifies Animal Care Services to be provided to CITY by COUNTY for the Period: JULY 1, 2026, through JUNE 30, 2027. COUNTY agrees to provide to the City of HUNTINGTON BEACH the following Animal Care Services beginning JULY 1, 2026: Animal Control Services Animal Care Special Services Animal Care Shelter Services Barking Dog Complaint Services The total estimated cost for Animal Care Services specified above is $1,738,803. ~ This is a new Animal Care Notice oflntent for the Period indicated above. D This is an Amendment to an existing Animal Care Notice oflntent for the Period indicated above. Significant Changes Since the Previous Animal Care Notice oflntent: To the best of my knowledge, this notice .wecifies th~imal Care Services to be provided by COUNTY. . ~v!f-/\.1 ,::.E,,LL~ t1P,/.f,r-J 1 /. 182-~ CH Representative and Title Date OC Animal Care Director Date CITY OF HUNTINGTON BEACH 1 of 1 EXHIBITB City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-266 MEETING DATE:4/21/2026 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:Steve Bogart, Acting Principal Civil Engineer Subject: Approve and Accept the Public Improvements, Release Sureties, and Accept Guarantee and Warranty Bond for the Holly Triangle Residential Project (Tract 19118) Statement of Issue: Bonanni Development Company IV, LLC, the Developer of Tract 19118 , has completed construction of all required public improvements and is now eligible for the release of sureties and bonds in accordance with 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 19118, 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. 4470394W (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) Release Faithful Performance Bond No. 4470394, Labor and Material Bond No. 4470394 , and Monument Bond No. 4470395; and, D) Instruct the City Clerk to notify the developer, Bonanni Development Company IV, of this action, and the City Treasurer to notify the surety, SureTec Insurance Company, of this action. Alternative Action(s): City of Huntington Beach Printed on 4/15/2026Page 1 of 3 341 File #:26-266 MEETING DATE:4/21/2026 , or materials provided by the subdivider. Analysis: On May 24, 2022, the Planning Commission approved Tentative Tract Map No. 19118 to consolidate 12 lots into a 1.80 net-acre lot for condominium purposes. The Planning Commission also approved General Plan Amendment No. 20-003, Zoning Text Amendment No. 20-003, and Conditional Use Permit No. 20-025 for the construction of 35 three-story attached townhomes as part of the proposed project. Subsequently, on February 20, 2024, the City Council approved Final Tract Map No. 19118, authorized execution of the Subdivision Agreement between the City of Huntington Beach and Bonanni Development Company IV, LLC, and accepted the required Faithful Performance Bond, Labor and Material Bond, and Monument Bond for the project. The developer has now completed all required public improvements and is requesting release of the aforementioned sureties pursuant to California Government Code Section 66499.7(a). The constructed public improvements include curb, gutter, and sidewalk along the project’s perimeter public streets (Holly Lane, Garfield Avenue and Main Street), as well as public water and sewer connections to the existing mains within Holly Lane. The City Engineer has determined that the public improvements have been constructed in substantial compliance with the approved plans and specifications and recommends acceptance of these improvements. Pursuant to the project’s conditions of approval, Bonanni Development Company IV, LLC has provided Guarantee and Warranty Bond No. 4470394W as a surety for the one-year warranty period for the public improvements and is now requesting acceptance of this bond. Project Data Developer: Bonanni Development Company IV, LLC Attention: Ed Bonanni 15132 Bolsa Chica Street, Huntington Beach, CA 92649 Surveyor: Jeffrey A. Walden, Walden & Associates, 2252 White Road, Suite B, Irvine, CA 92614 Surety: SureTec Insurance Company, 2103 City West Blvd., Suite 1300, Houston, TX 77042 Attn: Melissa DeKoven c/o Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento, CA 95833-3505 (888) 690-2882 Location: 19070 Holly Lane (east side of Holly Lane, between Garfield Avenue and Main Street) Environmental Status: City of Huntington Beach Printed on 4/15/2026Page 2 of 3 342 File #:26-266 MEETING DATE:4/21/2026 Strategic Plan Goal: Non Applicable - Administrative Item Attachment(s): 1. Location Map 2. Acceptance of Public Improvements 3. Guarantee and Warranty Bond 4. PowerPoint Presentation City of Huntington Beach Printed on 4/15/2026Page 3 of 3 343 LOCATION MAP 344 GARFIELD AVE >-(f) >- z (f) 0 u../ >-"' '-" <( z ~ i= z u../ ::::, 0 :,: VICINIT Y MAP LOCATION MAP N.T.S. N.T.S. ' ' \ \ \ \ \ >-(f) <( 0 i'i:: 0 _J I I I I I I I I I I I I I I I u... I I I I I I I 345 Recording requested by, and when recorded retum to: Lisa Lane Barnes, City Clerk Office of the City Clerk 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 March 18, 2026, 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. 19118. Public improvements constructed consist of: a. Curb, gutter, and sidewalk along the project's perimeter public streets (Holly Lane, Garfield Avenue and Main Street); and, b. New public water and sewer connections to the existing public mains within Holly Lane per the approved Improvement Plans for this Tract. The Foregoing instrument is the City Clerk's Original Document Reflecting City Council Action taken at the April 21, 2026 City Council Meeting Submitted for Recordation by the Orange County Recorder. Attest _____________ , 2026 City Clerk and Ex-officio Clerk of the City Council of the City of Huntington Beach, California By ________ _ CITY OF BUNTIN TON BEACH : Acting Cicy. Joseph Fuentes 346 BOND NO. 4470394W PREMIUM Included in Performance Bond GUARANTEE AND WARRANTY BOND WHEREAS, _B_o_na_n_n_i_D_e_v_e_lo-'--p_m_e_n_t C_o_m-'--p_a-'ny'--IV_,_L_L_C _____________ , as a Principal, and SureTec Insurance Company ,a corporation organized under the laws of the State of _T_e_x_as ______________ _ 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 Ninety-Seven Thousand Seven Hundred Twenty-Three & 00/100 ($97,723.00) , representing 10 percent of the contract price entered into between the Principal and Obligee, to which payment well and truly 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_b_ru_a_ry"--2_0-'--, _20_2_4 ____ for work described as follows: Subdivision Public Improvements Identified as Project TRACT NO. 19118 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 indemnify 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 principal and surety above named, on ___ F_e_b_r_u_ary....<.....-5 ______ , 20_2_6 __ _ Bonanni Development Company IV, LLC , as Principal ~.::F\ s. ~ By e:=; ~Company °oc5.:c~ _r~ Esteban Flores, Attorney-in-Fact A PPROVED AS TO FORM By: P-t..~ /.-MICHAEL J . VIGLIOTTA CITY ATTORNEY C l7 Y G :-HUNTINGTON BEACH 347 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) ON A.pc I I z {lo :JC,. BEFORE ME , ·::re C\n I ce A-M '/=::-a., J ( ,A NOTARY PUBLIC IN AND FOR SAID STATE , PERSONALLY APPEARED ______ _ B Ce.,+ B co °' n n , 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 /4A'.Z:1:Z/LY A: A/IC/::a_t{J'MY PRINCIPAL PLA~E OF BUSINESS IS NoTz usuc IN AND FOR 'sA1o'sTATE 1N O ro, '2§ ~ couNTY 0 , c.e A · M £q1, PRINTED NAME MY COMMISSION EXPIRES ,1J b V '3, ;}.o,Q 1 JEANICE A. MCFALL • Notary Public· California ~ Orange County f ► Commission fl 2535242 My Comm . Expires Nov 8, 2029 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) ON ________ , BEFORE ME, _________________ , A NOTARY PUBLIC IN AND FOR SAID STATE, PERSONALLY APPEARED _____ _ ____________ AND ________________ _ PROVED TO ME ON THE BASIS OF STATISFACT ORY 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 INST RUMENT . WITNESS MY HAND SIGNAT URE __________ _ MY PRINCIPAL PLACE OF BUSINESS IS NOTARY PUBLIC IN AND FOR SAID STATE IN ________ COUNTY PRINTED NAME MY COMMISSION EXPIRES ____ _ 2 348 POA #, 3210005 SureTec Insurance Company LIMITED POWER OF ATTORNEY Know All Men by These Presents, That SURETEC INSURANCE COMPANY (the "Company"), a corporation duly organized and existing under the laws of the State of Texas, and having its principal office in Houston, Harris County, Texas, does by these presents make, constitute and appoint Michael 0. Lapre, Jaren A. Marx, Esteban Flores, Michelle Eldridge its true and lawful Attorney-in-fact, with full power and authority hereby conferred in its name, place and stead, to execute, acknowledge and deliver any and all bonds, recognizances, undertakings or other instruments or contracts of suretyship to include waivers to the conditions of contracts and consents of surety for, providing the bond penalty does not exceed Five Million and 00/100 Dollars ($5,000,000.00) and to bind the Company thereby as fully and to the same extent as if such bond were signed by the President, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-in-Fact may do in the premises. Said appointment is made under and by authority of the following resolutions of the Board of Directors of the SureTec Insurance Company: Be it Resolved, that the President, any Vice-President, any Assistant Vice-President, any Secretary or any Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company subject to the following provisions: Attorney-in-Fact may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and deliver, any and all bonds, recognizances, contracts, agreements or indemnity and other conditional or obligatory undertakings and any and all notices and documents canceling or terminating the Company's liability thereunder, and any such instmments so executed by any such Attorney-in-Fact shall be binding upon the Company as if signed by the President and sealed and effected by the Corporate Secretary. Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any power of attorney or any certificate relating thereto by facsimile, and any power of attorney or certificate bearing facsimile signature or facsimile seal shall be valid and binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held on 201h of April, 1999.) In Witness Whereof, SURETEC INSURANCE COMPANY has caused these presents to be signed by its President, and its corporate seal to be hereto affixed this 17th day of February , A.D. 2023 State of Texas County of Harris ss: SURETEC INSURANCE COMPANY On this 17th day of February , A.D. 2023 before me personally came Michael C. Keimig, to me known, who, being by me duly sworn, did depose and say, that he resides in Houston, Texas, that he is President of SURETEC INSURANCE COMPANY, the company described in and which executed the above instrument; that he knows the seal of said Company; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the Board of Directors of said Company; and that he signed his name thereto by like order. " • . TANYA SNEED ,--,~~~-''(; '•,. (.•'1,/1~\ Notary Public State of Texas \~ft .... ;// Commission# 128571231 ••• ...... ,: ..... ...--Commission Expires 03/30/2027 Tanya Sneed, Notar ublic My commission expires March 30, 2027 I, M. Brent Beaty, Assistant Secretary ofSURETEC INSURANCE COMPANY, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney, executed by said Company, which is still in full force and effect; and furthermore, the resolutions of the Board of Directors, set out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this _ _,,51tlh_,__n Any instrument issued in excess of the penalty stated above is totally void and without-any validity. 321000s For verification of the authority of this power you may call (713) 812-0800 any business day between 8:30 am and 5:00 pm CST. 349 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT A n otary 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 n ot the truthfulness, accuracy, or v alidity of that document. State of California County of Los Angeles On 02/05/2026 before me, R. M. Friedik Notary Public, (Here insert name and title of the officer) personally appeared _E_s_te_b_a_n_F_lo_r_e_s _________________________ _ 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. Signature ofNot ary (Notary Seal) ADDITIONAL OPTIONAL INFORMATION DESCRIPTION OF THE ATTACHED DOCUMENT Bond No. 4470394W (Title or description of attached document) N/A (Title or description of attached document continued) Number of Paoes th ree Document Date 02/05/2026 "' -- NIA (Additional information) CAPAC ITY CLAIMED BY THE SIGNER D Individual (s) D Co rporate Officer (Title) D Partner(s) 0 Attorney-in-Fact D Trustee(s) D Other --------------- INSTRUCTIONS FOR COMPLETING THJS FORM Any acknowledgment completed in California must contain verbiage exactly as appears above in the notary section or a separate acknowledgment fo rm must be properly completed and al/ached to that do cument. The only exception is if a document is to be recorded outside of California. In such instances. any alternative acknowledgment verbiage as may be printed on such a document so long as the verbiage does not require the notary to do something lhat is illegal for a notary in California (i.e. certifying th e authorized capacity of the signer). Please ch eck the document carefully for proper notarial wording and a/loch this/om, if required. • State and County informat ion must be the State and County where the document signer(s) personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signer(s) personally appeared which must also be th e same date the acknowledgment is completed. • The notary pub lic must print his or her name as it appears within his or her commission fo llowed by a comma and then your title (notary public). • Print the name(s) of document signe r(s) who personally appear at the t ime of notarization. • Indicate the correct singular or plural forms by crossi ng off incorrect forms (i.e. he/she/#ley, is laFe) or circling the correct forms. Failure to correctly indicate this information may lead to rejection of document recording. • T he notary seal impression must be clear and photographi cally reproducible. Impression must not cover text or lines. If seal impression smudges, re-seal if a s ufficient a rea permits, otherwise complete a different acknowledgment fonn. • Signature of the notary public must match the signature on file with the office of the county clerk. ❖ Additional information is not required but could help to ensure th is acknowledg ment is not misused or attached to a different document. ·•· Indicate title or type of attached document, number of pages and date . ·•· Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer, ind icate the title (i .e. CEO, CFO, Secretary). • Sec urely attach this document to the signed document C 2004-20 15 Prol.ink Signing Service. Inc. -All Rig:hts Reserved wv,'W.TheProLink.com-Natio nwide Notary Service Tract 19118 Holly Triangle Residential Acceptance of Public Improvements and Release of Surety Bonds Department of Public Works April 21, 2026 350 BACKGROUND • On May 24, 2022, the Planning Commission approved Tentative Tract Map No. 19118 to consolidate 12 existing lots into one 1.80 net acre lot for condominium purposes. The Planning Commission also approved Conditional Use Permit No. 20-025 (for construction of 35 three- story attached townhomes) as part of the proposed project. • On February 20, 2024, the City Council approved Final Tract Map No. 19118, approved execution of the Subdivision Agreement between the City of Huntington Beach and Bonanni Development Company IV, LLC, and also accepted the project’s required sureties as follows: Faithful Performance Bond No. 4470394, Labor and Materials Bond No. 4470394, and Monument Bond No. 4470395. 351 LOCATION MAP 352 OCEAN VICINITY MAP N.T.S. I I I I I I I I I I I I ' GAR FI ELD AVE I- Vl I- Vl z 0 w I-0:: <.:) ~ z ;:::: z => w 0 I LOCATION MAP N.T.S. ' \ \ \ \ \ I- Vl <l'. 0 a". 0 _J \ \ \ \ I I I I I I I I I I I LL. I I I I I I I NEED/WHY/BENEFITS • The developer has completed all required public improvements and is now requesting release of the aforementioned surety bonds, 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 acceptance of these improvements. 353 DETAILS • The constructed public improvements include: • Curb, gutter, and sidewalk along the project’s perimeter public streets (Holly Lane, Garfield Avenue and Main Street). • New public water and sewer connections to the existing public mains within Holly Lane. • A Guarantee and Warranty Bond has been submitted by the Developer to provide a one- year warranty period to the City for the subject public improvements. 354 RECOMMENDATION A) Accept the improvements constructed and dedicated for public use with Tract 19118, 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. 4470394W; 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. 4470394, Labor and Material Bond No. 4470394 and Monument Bond No. 4470395, pursuant to the California Government Code Section No. 66499.7(a); and, D) Instruct the City Clerk to notify the developer, Bonanni Development Company IV, of this action, and the City Treasurer to notify the Surety, SureTec Insurance Company, of this action. 355 Questions? 356 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-268 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Travis Hopkins, City Manager VIA:Chau Vu, Director of Public Works PREPARED BY:Joseph Pinel, Capital Projects Administrator Subject: Accept Lowest Responsive and Responsible Bid and Authorize to Execute Construction Contract with We R Builders, Inc. in the Amount of $729,770 for the Hartlund Water Main Replacement (CC-1735) Statement of Issue: On February 26, 2026, electronic bids were received for the Hartlund Water Main Replacement Project (CC-1735). City Council action is requested to award the construction contract to We R Builders, Inc., the lowest responsive and responsible bidder. Financial Impact: Based on the low bid received, the total estimated construction cost of this project is $873,271 as itemized below: Item Amount Total Construction Cost:$873,271.00 Staff recommends awarding the construction contract to We R Builders, Inc. in the amount of $729,770. Funding is available in the current fiscal year budget within the Water Master Plan Fund, Account Nos. 50791033.69365 and 50791033.82100. Recommended Action: A) Accept the lowest responsive and responsible bid submitted by We R Builders, Inc. in the amount of $729,770; and, City of Huntington Beach Printed on 4/15/2026Page 1 of 3 357 I I ' -' -I L J -J File #:26-268 MEETING DATE:4/21/2026 , C) Authorize the Mayor and City Clerk to execute a construction contract with We R Builders, Inc. in a form approved by the City Attorney. Alternative Action(s): Reject all bids and provide staff with alternative action. Analysis: The Hartlund Water Main Replacement Project is part of the City’s annual Water Main Replacement Program, designed to proactively upgrade aging components of the water distribution system. The project will replace existing asbestos cement pipe (ACP) with new 6-inch polyvinyl chloride (PVC) pipeline along Hartlund Lane, from Talbert Avenue to Le Conte Drive. Additional improvements include: • Replacement of 4-inch ACP water mains on Magic Circle and Rolf Circle • Replacement of the 6-inch ACP water main on Kiner Drive These upgrades will increase system reliability, enhance water service performance, and address pipelines that have reached the end of their useful life or have insufficient capacity. Bids were received electronically on February 26, 2026. The verified bid amounts are listed below: Bidder’s Name Submitted and Verified Bid Staff recommends awarding a contract to We R Builders, Inc. in the amount of $729,770. Reference checks confirm that We R Builders, Inc., has successfully completed potable water main projects and City of Huntington Beach Printed on 4/15/2026Page 2 of 3 358 File #:26-268 MEETING DATE:4/21/2026 , which includes the construction contract, a 15% contingency, and supplemental expenses. Environmental Status: This action is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. Strategic Plan Goal: Goal 6 - Infrastructure Investment, Strategy C - Conduct an assessment of all City facilities to determine priorities for upgrades and repairs, implementation and financial priority. Attachment(s): 1. RCA Contract Agreement Summary 2. Construction Contract 3. Vicinity Map City of Huntington Beach Printed on 4/15/2026Page 3 of 3 359 RCA Contract Agreement Summary CITY OF HUNTINGTON BEACH VENDOR NAME + TYPE OF SERVICE CONTRACT INFORMATION GENERAL INFORMATION TYPE OF AGREEMENT (Professional Services, Service Agreement) PROCUREMENT SCOPE OF WORK TOTAL COMPENSATION TERM OF CONTRACT/AGREEMENT OTHER: Bonds, Special Contract Terms, Emergency DATE PRESENTED REQUESTING DEPARTMENT STAFF CONTACT(S)INSURANCE STATUS April 21, 2026 In Review (Risk Management) PW- Engineering Joseph Pinel (x5291) - Capital Projects Administrator $729,770 120 Working Days We R Builders (Construction Contract) - CC1735 Hartlund Water Main Replacement Construction Contract Public Bid Opened February 26, 2026. We R Builders determined to be the lowest responsive and responsible bidder. Scope of work in relation to city's annual water main replacement program. Project to update oudated water main from asbestos cement pipe (ACP) to a new 6" polyvinyl choloride (PVC) along Hartlund Lane (RD 293). Project includes trenching, miscellaneous concrete, paving, & water service assembly. Performance and Payment Bonds for construction activities recieved and filed with the City Clerk's office. 360 LO CITY OF rD HUNTINGTON BEACH 361 CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WE R BUILDERS, INC. FOR HARTLUND LANE WATER MAIN REPLACEMENT CC1735 THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and __________ Wc.:...::c:E;..:R_B-'UI;__L..,;,:D_E_"R.:....:S:::...,,:.;:,.I;;.::._N-'C-'. _________ , a _____________ corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as ---=H=A=R=T=--=L=-U=ND'-'-=--=L=AN=-=-=E=--...!.W.:....;A=T=E=R=..::.M=AIN=....;__-­ =R=E=P=L=A=-=C=E=M=E=N::...:.=T.,_, C=C=l 7.:...:3=5'-------------in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall complete and construct the PROJECT pursuant to this Agreement and the Contract Documents ( as hereinafter defined) and furnish, at its own cost and expense, all labor, plans, tools, equipment, supplies, transportation, utilities and a11 other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to fully assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance by CITY, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the 1 l 6-5195/City Funded Construction Contract.docx -revised 04/2016 362 prosecution of work, and for all other risks of any description in connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described i11 this Agreement, and in accordance with the requirements of CITY for the compensation set forth in the accepted bid proposal. 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS CONTRACTOR acknowledges that it is fully familiar with all the tenns, conditions and obligations of this Agreement and the Contract Documents (as defined below in this Section), has inspected the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its thorough investigation of all such matters and is relying in no way upon any opinions or representations of ClTY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by the Contract Documents insofar as they relate in part or in any way, directly or :indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Department of Public Works of CITY, and any revisions, amendments or addenda thereto; 2 16-5195/City Funded Construction Contract.docx -revised 04/2016 363 D. The edition of Standard Specifications for Public Works Construction , published by Builders' News, Inc., 10801 National Boulevard, Los Angeles, CA 90064, and all amendments thereto, written and promulgated by the Southern Califomia chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee as specified in the particular Plans, Specifications, Special Provisions and Addendum applicable to the Project; E. Bid documents including the Notice fuviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal, (which is attached hereto as Exhibit "A" and incorporated herein by this reference); F. The particular Plans, Specifications, Special Provisions and Addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of a discrepancy between any Plans, Specifications, Special provisions, or Addenda, the matter shall be immediately submitted by CONTRACTOR to the Director of Public Works of CITY or his or her written designee (hereinafter referred to as "DPW"), and CONTRACTOR shall not attempt to resolve or adjust the discrepancy without the decision ofDPW, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid or proposal which is in conflict herewith. 3 16-5l95/City Funded Construction Contract.docx-revised 04/2016 364 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed SEVEN HUNDRED TWENTY-NINE THOUSAND, SEVEN HUNDRED SEVE~ Dollars ($ ___ 7_2_9.;_,7_7_0_.0_0 _ ____J), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after the Notice To Proceed is issued and diligently prosecute the PROJECT to completion with:in __ ..;;:O...:.N.:.::E=-H=-=--=U:...:.N..:..::D=-=R=E=D::::......:T::...:W:..:.-=E:.::...N:...::T:...:Y=--( 120 ) consecutive ,v orking days from the day the Notice to Proceed is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties h ereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, 4 16-5195/City Funded Construction Contract.docx -revised 04/2016 365 subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on 1he premises. 6. CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROIBCT as DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the prior written order or acceptance of DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by DPW. When directed to change the work, CONTRACTOR shall submit immediately to DPW a written cost proposal reflecting the effect of the change. Should DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In the event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 5 16-5195/City Funded Construction Contract.docx -revised 04/2016 366 8. BONDS Only bonds issued by California admitted sureties will be accepted. CONTRACTOR shall, prior to its performance of this Agreement, furnish the following two (2) bonds approved by the City Attorney: One in the amount of one hundred percent (100%) of the contract price to guarantee the CONTRACTOR's faithful performance of the work, and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials furnished. In addition, CONTRACTOR shall submit to CITY a bond in the amount of one hundred percent (100%) of the final contract price, including all change orders, to warrant such performance for a period of one (1) year after CITY's acceptance thereof within ten (10) days of filing of the Notice of Completion. 9. WARRANTIES CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and own cost and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not an employee of CITY. CONTRACTOR shall secure at its own cost and expense, and be resp onsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll 6 16-5195/City Funded Construction Contract.docx -revised 04/2016 367 deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services performed hereunder. 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay. It is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidat ed damages and not as a penalty, the sum of ______ O=N::....:=E-=T=H=--=O=-=U=S=A=N..:..::D:....cD:::....=:.O=L=L=AR=S _____ ($ 1,000.00 ) per each calendar day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable damages CITY would sustain m the event of and by reason of such delay; and CONTRACTOR agrees to pay these damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, mcluding, but not limited to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays of subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless DPW shall grant a further period of t ime), notify DPW in writing of the cause of the 7 16-5195/City Funded Construction Contract.docx -revised 04/2016 368 delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed by waiting for materials required by this Agreement to be furnished by CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in no way caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of materials by CITY or delays by other contractors or subcontractors will be allowed and an extension oftime for completion shall be the sole remedy of CONTRACTOR. 12. DEMANDS FOR ADDITIONAL TIME OR MONEY. A. Definitions. (1) ''Change Order" means a document signed by the CONTRACTOR and CITY which authorizes an addition, deletion or revision in the work, or an adjustment in the Compensation under Section 3, or the Completion Time specified at Section 4. (2) "Demand" means a written demand for a Change Order by the CONTRACTOR for any of the following: (a) A time extension; 8 16-5195/City Funded Construction Contract.docx -revised 04/2016 369 (b) Payment of money or damages arising from work done by, or on behalf of, the CONTRACTOR pursuant to this Agreement and payment of which is not expressly permitted pursuant to Section 3 of this Agreement; ( c) Payment of an amount the CITY disputes; ( d) Any disputes and other matters relating to the acceptability of the work performed or the interpretation of the Contract Documents; (e) A request for a time extension or additional payment based upon differing site conditions, such as subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents, or unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the PROJECT; or (t) A request for a time extension or additional payment based upon acts of neglect by CITY or due to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God. B. A Demand for a time extension or payment of money or damages may only be granted by a Change Order. C. No Change Order may be granted except where the Contractor has submitted a Demand to the DPW ( or his or her written desiguee ). All Demands shall be submitted promptly) but in no event later than thirty (30) days after the occurrence of the event giving rise to the Demand. The Demand shall be in writing and include all documents necessary t o substantiate the Demand. The DPW shall act on the Demand within fifteen (15) days after receipt, including by requesting additional information from the CONTRACTOR to detennine whether to approve the Change Order the Demand seeks. The DPW shall act on the Demand within fifteen (15) days 9 16-5195/City Funded Construction Contract.docx -revised 04/2016 370 after receipt of the additional infonnation or within a period of time no greater than the time the CONTRACTOR took to produce the additional information requested, whichever is greater. D. Notwithstanding the thirty (30) days to submit a Demand under Subparagraph C, in the case of differing or unknown site conditions, immediately upon encountering the conditions, CONTRACTOR shall notify the DPW in writing of the conditions, so that the CITY may promptly investigate the conditions. E. If the CONTRACTOR disputes the DPW's written response on the Demand, or the CITY fails to respond within the time prescribed, the CONTRACTOR may so notify the City Engineer, in writing, either within fifteen ( 15) days of receipt of the City Engineer's response or within fifteen (15) days of the DPW's failure to respond within the time prescribed, respectively, and request an informal conference to meet and confer for settlement of the Demand. Upon the CONTRACTOR's request, the DPW shall schedule a meet and confer conference within thirty (30) days to seek to resolve. F. CITY and CONTRACTOR shall execute appropriate Change Orders covering changes to the time or price by executing the Change Order by mutual agreement. If the CITY and CONTRACTOR are unable to reach a mutual agreement, then the City Engineer shall issue a written decision on the claim within a reasonable time. G. Following the meet and confer conference, if the Demand remains in dispute, the CONTRACTOR may file a claim with the City as provided in Chapter 1 ( commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the CONTRACTOR submits his 10 I 6-5 l95/City Funded Construction Contract.docx -revised 04/2016 371 or her Demand until the Demand is denied as a resul t of the meet and confer process. including any period of time utilized by the meet and confer process. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this Section. DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its sole judgment the findings warrant. 14. PROGRESS PAYMENTS Each month DPW will make an estimate in writing of the work pe1formed. by CONTRACTOR and the value thereof. From each progress estimate, five percent (5%) will be deducted and retained by CITY and the remainder of the progress estimate, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and ifDPW fmds that satisfactory progress has been and is being made, CONTRACTOR may be paid such 11 16-5195/City Funded Construction Contract.docx -revised 04/2016 372 sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined in its sole discretion by DPW, less all previous payments and less all previous retained amounts. CITY's final payment to CONTRACTOR, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the fi1ing of a Notice of Completion by CITY. Provided, however, that in the event of a dispute between CITY and CONTRACTOR, CITY may withhold from the final payment an amount not to exceed 150 percent of the value of any disputed amount of work. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated in the certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as an acceptance of any part of the work 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and at the sole cost and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with DPW its affidavit stating that all workers and persons employed, all finns supplying materials and all subcontractors working upon the PROJECT have been paid in full and that there are no claims outstanding against the PROJECT for either labor or material, except certain items, if any, to be set forth in CONTRACTOR's affidavit covering disputed claims, 12 16-5195/City Funded Construction Contractdocx -revised 04/2016 373 or items in connection with Notices to Withhold, which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. A . The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the _provisions of Section 3700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 18. CALIFORNIA PREVAILING WAGE LAW A. The CITY has ascertained from the Director of Industrial Relations of the State of California the general prevailing rate of per diem wages and the general prevailing rate for legal holiday and overtime work in the locality in which the work is to be performed for each craft or type of work needed to execute this Agreement, and the same has been set forth by 13 16-5195/City Funded Construction Contract.docx -revised 04/2016 374 resolution on file in the office of the City Clerk of CITY. CONTRACTOR and any subcontractor under it shall pay not less than said prevailing wage rates to all workers employed on this public works Agreement, as required by California Labor Code Sections 1771 and 1774. In accordance with the provisions of Section 3 700 of the California Labor Code, CONTRACTOR agrees to secure payment of compensation to every employee. B. Pursuant to this Agreement and in accordance with Section 1774 and 1775 of the California Labor Code, CONTRACTOR shall, as penalty to CITY, forfeit twenty-five dollars ($25) for each calendar day or portion thereof for each worker paid ( either by CONTRACTOR or any of its subcontractors) less than the prevailing wage rate established for that particular craft or type of work. 19. CALIFORNIA EIGHT-HOUR LAW A. California Labor Code, Sections 1810 et seq, shall apply to the performance of this Agreement; thereunder, not more than eight (8) hours shall constitute one day's work and CONTRACTOR and each subcontractor employed by its hereunder, shall not require more than eight (8) hours of labor per day or forty ( 40) hours per week from any one person employed by it hereunder, except as stipulated in California Labor Code Section 1815. CONTRACTOR and each subcontractor employed by it hereunder shall, in accordance with California Labor Code Section 1812, keep an accurate record, open to inspection at all reasonable hours, showing the name and actual hours worked each calendar day and each calendar week by each worker employed in connection with the PROJECT. B. Pursuant to this Agreement and in accordance with California Labor Code Section 1813, CONTRACTOR shall, as a penalty to CITY, forfeit twenty-five dollars ($25) for each worker employed hereunder by CONTRACTOR or any subcontractor for each calendar day dwing which such worker is required or permitted to work more than eight (8) hours in any one 14 16-5195/City Funded Construction Contract.docx -revised 04/2016 375 (1) calendar day or forty ( 40) hours in any one ( 1) calendar week in violation of California Labor Code Section 1815. 20. PAYMENT OF TRAVEL AND SUBSISTENCE ALLOWANCE Section 1773.8 of the California Labor Code, regarding the payment of travel and subsistence allowance is applicable to this PROJECT. 21. EMPLOYMENT OF APPRENTICES Section 1777.5 of the California Labor Code, regarding the employment of apprentices is applicable to this PROJECT. 22. PAYROLL RECORDS CONTRACTOR agrees to keep accurate payroll record showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice or worker employed by it in connection with the PROJECT and agrees to require each of its subcontractors to do the same. CONTRACTOR further agrees that its payroll records and those of its subcontractors, if any, shall be available at all reasonable times to the CITY, and the employee or his representative, and the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards, and to comply with all of the provisions of California Labor Code Section 1776, in general. 23. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents, and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands, defense costs, and consequential damage or liability of any kind or nature, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, 15 16-5195/City Funded Construction Contract.docx -revised 04/2016 376 arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR, any subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence, except where caused by the active negligence, sole negligence, or willful misconduct of the CITY, its officers, elected or appointed officials, employees, agents, and volunteers. CONTRACTOR will conduct all defense at its sole cost and expense and CITY shall approve selection of CONTRACTOR's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONTRACTOR. 24. WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE Pursuant to California Labor Code Section 1861, CONTRACTOR acknowledges awareness of Section 3700 et seq. of this Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall obtain and furnish to City workers' compensation and employer's liability insurance in an amount of not less than the State statutory limits. CONTRACTOR shall require all subcontractors to provide such workers' compensation and employer's liability insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers' compensation and employer's liability insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 16 16-5195/City Funded Construction Contract.docx -revised 04/2016 377 25. INSURANCE In addition to the workers' compensation and employer's liability insurance and CONTRACTOR's covenant to defend, hold harmless and indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. This policy shall indemnify CONTRACTOR, its officers, employees and agents while acting within the scope of their duties, against any and all claims arising out or in connection. with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence. If coverage is provided under a fom1 which includes a designated general aggregate limit, the aggregate limit must be no less than One Million Dollars ($1,000,000) for this PROJECT. This policy shall name CITY, its officers, elected or appointed officials, employees, agents, and volunteers (the "Additionally Insured Parties") as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary and non-contributory with any other valid and collectible insurance or self-insurance available to the Additionally Insured Parties. Any available insurance proceeds in excess of the minimum coverage amount specified herein shall be available to the AdditionaJly Insured Parties. All coverage available to CONTRACTOR shall also be available to the Additionally Insured Parties. Under no circumstances shall said above-mentioned insurance contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Five Thousand Dollars ($5,000.00) is permitted. CONTRACTOR shall be responsible for causing all Subcontractors to maintain the same types and limits of insurance coverage as that required of CONTRACTOR by this Agreement. 17 16-5195/City Funded Construction Contract.docx -revised 04/2016 378 26. CERTIFICATES OF INSURANCE; ADDmONAL INSURED ENDORSEMENTS Prior to commencing perfonnance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; the certificates shall: 1. Provide the name and policy number of each carrier and policy; 2. State that the policy is currently in force; and 3. Promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY. CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from. the CONTRACTOR's defense, hold hannless and indemnification obligations as set forth under this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all the policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. CONTRACTOR shall provide a separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming CITY, its officers, elected and appointed officials, employees, agents and volW1teers as Additional Insureds, to the City Attorney for approval prior to any payment hereunder. 27. NOTICE OF THIRD PARTY CLAIM Pursuant to Public Contracts Code §9202, CITY shall provide notice to CONTRACTOR of receipt of any claim filed with CITY or a court of competent jurisdiction which arises out of performance of this agreement within ten ( 10) days of receipt of such claim or claims. 18 16-5195/City Funded Construction Contract.docx -revised 04/2016 379 28. DEFAULT AND TERMINATION If CONTRACTOR fails or refuses to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged banlaupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the Contract Documents, CITY may give CONTRACTOR notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, tenninate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. If it is subsequently determined by a court of competent jurisdiction that CITY's termination of this Agreement under this Section was wrongful, such termination shall be converted to a termination for convenience under Section 29 and any damages shall be assessed as set forth in Section 29. 29. TERMINATION FOR CONVENIENCE CITY may terminate this Agreement for convenience at any time with or without cause, and whether or not PROJECT is fully complete upon seven (7) calendar days written notice to CONTRACTOR. In the event of termination, under this Section CITY shall pay CONTRACTOR for value of work in place on the PROJECT through the termination period less all such payments already made. In case of such termination for convenience, the CONTRACTOR shall be entitled to receive payment for work executed, and costs incurred by reason of such termination. In no event shall CONTRACTOR be entitled to recover overhead, profit or CONTRACTOR's fee on work not performed. Such payment by CITY shall be CONTRACTOR's 19 16-5195/City Funded Construction Contract.docx -revised 04/2016 380 sole and exclusive remedy for termination by CITY for its convenience and CITY shall have no further obligation to CONTRACTOR. 30. DISPOSITION OF PLANS. ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon expiration or earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 31. NONASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior \Vritten consent of CITY and the surety. 32. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the California Government Code. 33 . STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to all reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. This obligation shall be provided for in the labor and matelials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two (2), regardless of whetheror not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 20 16-5195/City Funded Construction Contract.docx -revised 04/2016 381 34. NOTICES Any notices, certificates, or other communications hereunder shall be given either • by personal delivery to CONTRACTOR's agent ( as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below; provided that CITY and CONTRACTOR may designate different addresses to which subseque11t notices, certificates or other communications will be sent by notifying the other party via personal delivery, reputable overnight carrier or U. S. certified mail~retum receipt requested: TO CITY: City of Huntington Beach ATIN:JOSEPH PINEL , Public Works 2000 Main Street Huntington Beach, CA 92648 35. SECTIONHEADJNGS TO CONTRACTOR: WE R BUILDERS, INC. A TIN: NEZAR ALSMADI 1608 PALMYRITA A VENUE RIVERSIDE, CA 92507 The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of maters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 21 I 6-5 I 95/City Funded Construction Conttact.docx -revised 04/2016 382 36. 1MMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of United States Code Section 1324a regarding employment verification. 37. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses mcurred by CONTRACTOR. 38. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the perfonnance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non-prevailing party. 39. INTERPRETATION OF TIUS AGREEMENT The language of all parts of this Agreement sbaU iu all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remain-ing covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculme or neuter gender and singular or plural number shall be deemed to include the other whenever the 22 16-5 I 95/City Funded Construction Contract.docx -revised 04/2016 383 context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 40. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 41. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 42. CONSENT Where CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be consent/approval to any subsequent occurrence of the same or any other transaction or event 43. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or tennination of this Agreement shall so survive. 44. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 23 16-5195/City Funded Construction Conttact.docx -revised 04/2016 384 45. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 46. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive ann's length negotiation, and that each bas had the opportunity to consult with legal counsel prior to executing this Agreement The parties also acknowledge and agree that no representations, inducements, promises1 agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied .in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached Exhibit "A", contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 24 I 6-5195/City Funded Construction Contractdocx -revised 04/2016 385 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers on ______ __, 20 Nezar ~lsmadi (print name) ITS: Chairman~ Vice-President (circle one) (print name) ITS:~/ Chief Financial Secre~~surer (circle one) Officer / Asst. CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Mayor City Clerk Director of Public Works REVIEWED AND APPROVED: City Manager APPROVED AS TO FORM: p~~ f.,,.., City Attorney 25 16-5195/City Funded Construction Contractdocx-revised 04/2016 386 Bond premium is subject to cha nge based on the final contract amou nt Executed in Duplicate PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS: Bond No. 101492266 • Premium: $18,244.00 WHEREAS, City of Huntington Beach (hereafter referred to as "C ity") has, by written agreement dated _________ , 20l§___, entered i nto a contract with _.W..Le"'-'-R,._B,..u..,ju.,ld..,,e"'rs"'-------- 1608 PALMYRITA AVE RIVERSIDE CA 92507 (Contractor's Name and Address) (hereafter referred to as "Principal") for performance of the work described as fo llows: HarUund Lane Water Main Replacement. CC1735 (Project Title) WHEREAS, said contract, and all documents referenced the rein (here inafter collectively "Contract"), are incorporated herein by this reference made a part hereof as though set forth herein in full; and Said Principal is required under the terms of the Contract to furnish a bond guaranteeing the prompt, full and faithful performance of said Contract, by a du ly admitted surety insurer under the laws of the State of Californ ia (hereinafter referred to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570, and has provided proof of sufficient bonding limitations as shown in said circular to provide bonds in the amount required by said Contract; and • Surety has provided financial strength ratings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to validate that Surety has positive rati ngs of being secure or stable; and Surety i s registered and listed with the California Department of Insurance, NOW, THEREFORE, we, the undersigned, as Principal, and Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines IA 50306-3498 (Surety's Name and Address) as Surety, are held and firmly bound unto City in the penal sum of Seven Hundred Twenty Nine Thousand Seven Hundred Seventy and 00/100 Dollars ($ 729 770 .00 ), this amount being not less tha n one hundred percent of the price set forth in the Contract. in lawful money of the Un ited States, for the payment of which sum, we ll and truly to be made , we bind ourselves, our heirs , executors, administrators and successors, jointly and severally, firm ly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the Principal shall promptly, fully and fa ithfully perform each and all of the covenants, obligations and things to be done and performed by the Principal in strict accordance with the terms of the Contract as sa id contract may be altered, amended or modified from time to time; and if the Principal shall indemnify and save harmless City and all of C ity's officers, agents and employees (here inafter col lectively referred to as "Obligees") from any and a ll losses, liability and damages, c laims , judgments, stop notices, fees and costs of every description, whether imposed by law or in equity, which may be incurred by the Obl igees by reason of the failure or defau lt on the part of the Principa l in the performance of any or all of the terms or the obl igat ions of the Contract, including al l alterations, amendments and modifications thereto, and any warranties or guarantees required thereunder, then this obligation shall be void; otherwise, it shall be and shall rema in in ful l force and effect. Surety stipulates and agrees, for value received, that no adjustment of the time or price in the Contract or any alteration , change, deletion, addition or other modification to the Contract, or the work to be performed thereunder, shall in any way affect, lim it, restrict, impair or release the obligations of the Surety under th is Bond. Surety wa ives notice of any adjustment of contract or contract price, and any other alteration, change, deletion, addition or other mod ification to the Contract, or the work to be performed thereunder, and agrees to automatically adjust the penal sum of this Bond to reflect such adjustments, alterations, changes, deletions, additions or other modifications. Surety agrees to provide written confirmation of such adjustments in the penal sum to City on not less than a quarterly basis. Surety also waives the provisions of Civil Code §§ 2845 and 2849. 15-4584/117174 Page 1 of 2 387 Bond No. 101492266 The obligations of this Bond shall survive the completion of the work described in the Contract as to all obligations and liabilities of the Principal which survive completion of the work. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper le~al name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its govern ing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any fa ilure of the Principal to execute or properly execute this bond. Dated: __ M_a_rc_h_1_2~, _20_2_6 __ ATTEST [Corporate Seal] ATTEST [Corporate Seal] (Attach Attorney-in-Fact Certificate) We R Builders By: Name: Title: iii41Name) Merchants Bond ing Company (Mutual) (Surety Name) By: ~ Name: Thao Luu , Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) 515 -243-8171 (Area Code & Telephone Number for Surety) APPROVED 1s TO _FORMj_ , By: I / I \a~ L I\, ... Mich~el·J.Vigliotta, C ity Attorney NOTES: This bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 15-4584/11717 4 Page 2 of 2 PERFORMANCE BOND 388 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE§ 1189 ·~ 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 t ruthfulness, accuracy, or val idity of that document. State of California County of R~~ ~ } On ~<c..'-". \'"b , '2t>2<... before me,LC:.."'-A.-e..-e..~ ~\s.V\A..~~ /'N't>~<0,1?-.J,..\,\,c_ Date \ Here Insert Name and Title of the Officer pe rsonally appeared ~E:..L..C.< ~"S,\N\.<:.c( Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscri bed to the with in 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 signatu re(s) on the instrument the person(s), or the entity upon beha lf of wh ich the person(s) acted, executed the instrument. Place Notary Seal and/or Stamp Above I certify under PENAL TY OF PERJURY under the laws of the State of Cal ifornia that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature \_c.""'-.e_~ ~~~· Signature of Notary Public OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Documef\l-._ \ Title or Type of Document:'"PC'<"~;;:i('\J\J\...C....,.__(.l...__ ~""'-~ DocumentDate: _____________________ Nurnberof Pages: ___ _ Signer(s) Other Than Named Above: _______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ o Corporate Officer -Title(s): ______ _ o Partner -o Lim ited o Genera l ! o Individual o Trustee □ Other: □ Attorney in Fact □ Guardian or Conservato r Signer is Representing: _________ _ Signer's Name: ___________ _ □ Corporate Officer -Title(s): ______ _ □ Partner -o Limited o General □ Individual □ Trustee D Other: o Attorney in Fact □ Guardian or Conservator Signer is Representing: _________ _ sq;.§ BOO•ill~~OOOOOOOl®l~~~~~~~l®f~~~~rilJ:il~®l:!~00ffl8889:00€@~!$~~~~~~1lll ©2019 National Not ary Association 389 CALIFORNIA ALL-PURPOSE 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 truthful ness, accuracy, or validity of that document. STATE OF CALIFORNIA } County of _O_r_a_n~g _e _______________ _ On MAR 1 2 2026 before me, Irene Luong , Notary Public, ---ln-se_rt_N_a-me_o_f_No_ta_ry_e-xa_c_lly-"a'-s -tt a-p-pe_a_rs-on_th_e_o_ffi-,ci-al-se_a_l --Date personally appeared Thao Luu IREME LUONG Notary Public • California Orange County ! Commission # 2 541863 " My Comm. Expires Dec 16, 2029 Place Notary Seal Above Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the w ithi n instrument and acknowledged to me that he/she/they executed the same in his/her/their aut horized capacity(ies), and that by his/her/their signature(s) on t he 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. OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: _____________________________ _ Document Date: __________________ _ Number of Pages : ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: _____________ _ D Individual D Corporate Officer -Title(s): _______ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing : RIGHT THUMBPRINT OF SIGNER Top of thumb here Signer's Name: _____________ _ □ Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited O General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 390 MERCHANTS BONDING COMPANY™ POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa , d/b/a Merchants National Indemnity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint. individually, Alexander R Holsheimer: Christine Woolford; Danielle Hanson: Emilie George: Irene Luong; James W Moilanen; P Austin Neff: Thao Luu: Yung T Mullick their true and lawful Attorney{s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, o n behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings requi red or permitted in any actions or proceedings allowed by law. This Power -of-Attorney is granted and is signed and sealed by facsimile under and by authority of the follow ing By-Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 201 1 and amended A ugust 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasure r, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and author ity to appoint Attorneys-in-Fact. and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof." 'The signature of any authorized officer and the sea l of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recog nizance , or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed ." In connection with obligations in favo r of the Florida Department of Transportation only, it is agreed that the power and aut hority hereby given to the Attorney-in-Fact includes any and all consents fo r the release of retained percentages and/or fi nal estimates on engineering and construction contracts required by the State of Florida Department of Transportation It is fully understood that consenti ng to the State of Florida Department of Transportation making payment of the fina l estimate to the Contra ctor and/or its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is ag reed t hat the power and authority hereby g iven to the Attorney-in-Fact cannot be modified or revoked unless prio r written personal notice of such intent has been given to the Commissioner­ Department of Highways of the Commonwealth of Kentucky at least thirty (30) days pr ior to the modification or revocation. In Witness Whereof, the Companies have caused this instrume nt to be signed and sealed this 2nd day of J uly , 2024 .. •·:-r,oiir~•····· ... ;,; co.. MERCHANTS BONDING COMPANY (MUTUAL) ~•.:,,.,._ , ....... (. io.•• •..-,.~\ .••. 'A~,_:. MERCHANTS NATIONAL BONDING, INC. ,:'~ :-i~po_;,f.'~0\ --~~~\v.PO~;::;,.;.. d/b/a MERCHANTS NATIONAL INDEMNITY COMPANY :J.:./~ ~--~":. :..,..•'-) ~·.:.,(.• ~ -~:~ -o-c,~0. :~ [1\• • :c:-:-E :~:--0 -o:--• ~~ :~:. ;:Z: :4 :. 1933 .:~: -::::; \() '-. 2003 ,:.0: • -t··. .: ':-t: By ••• fl,_.:, •• ,. ..•··· '··· • ~. • ~t::::,. ••..,."£, -......... ,:,~.. • •• :.>iy· ••· • •• \"\0 •• Prestaent ""•• * ..... .. * . STATE OF IOWA COUNTY OF DA LLAS ss. •···········• •....•• On this 2nd day of July 2024 , before me appeared La rry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the forego ing instrument are the Corpora te Seals of the Companies; and that the said instrume nt was s igned and sealed in behalf of the Companies by authority of the ir respect ive Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, W illiam Warner, Jr., Secretary of MERCHANTS BOND ING COMPANY (M UTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and forego ing is a true and correct copy of the POWE R-O F-ATTORNE Y executed by said Companies, which is still in full force and effect and has not been amended or revoked. March ,2026 . .v~~~- Secretary POA 0018 (1/24) 391 Executed in Duplicate PAYMENT BOND (LABOR AND MATERIAL) KNOW ALL PERSONS BY THESE PRESENTS: Bond No . 101492266 Premium listed on Performance Bond WHEREAS, City of Huntington Beach (hereafter referred to as "C ity") has awarded to We R Builders 1608 PALMYRITA AVE RIVERSIDE, CA 92507 (Contractor's Name and Address) (hereafter referred to as "Principal"), a contract ("Contract') for the work described as follows: Hartlund Lane Water Main Replacement, CC1735 (Project Title) WHEREAS, Principal is required under the terms of the Contract and the California Civil Code to furnish a bond to secure the payment of c laims of laborers, mechan ics, materialmen, and other persons as provided by law, by a duly admitted surety i nsurer under the laws of the State of California (hereinafter refer red to as "Surety"); and Surety is certified and listed in the U.S. Department of the Treasury Circular 570 , and has provided proof of sufficient bonding limitation, as shown in said circular to provide bonds in the amount required by said Contract; and Surety has provided financial strength ratings from reputab le companies, such as from AM. Best, Moody's or Standard & Poor's, to validate that Surety has positive ratings of being secure or stable; and Surety has provided financ ial strength rat ings from reputable companies, such as from A.M. Best, Moody's, or Standard & Poor's, to val idate that Surety has positive rat ings of being secure or stab le; and Surety is registe red and listed w ith t he California Department of Insurance, NOW, THEREFORE, we, the undersig ned, as Principal, and -.-c------------­ Merchants Bonding Company (Mutual) P.O. Box 14498 Des Moines IA 50306-3498 (Surety's Name and Address) as Surety, are held and firm ly bound unto City in the penal sum of Seven Hundred Twenty Nine Thousand Seven Hundred Seventy and 00/100 Dol lars (:J) 7 29,770.00 ), this amount being not less than one hundred percent (100%) of the tota l price set forth in the Contract, i n lawful money of the United States of America, for the payment of which sum , well and tru ly to be made, we bind ourselves, and each of our heirs, executors , adm inistrators, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the Principal , his, her, or its heirs, executors, administrators, successors or assigns, or subcontractors shall fa il to pay any of the persons named in Section 3181 of the California Civi l Code ("Claimants") for all labor, materia ls or services used or reasonably requ ired for use in performance of the work described in the Contract, or any amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such Claimant, or preva iling wages due and penalties incurred pursuant to Sections 1774, 1775, 1813 or 1815 of the Labor Code, or any amounts required to be deducted , withheld and paid over to the Employment Development Department from the wages of employees of the Principal and Subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work or labor performed under the Contract, Surety will pay for the same, in an amount not exceeding the pena l sum specified in this bond; otherwise, this obligation shall be null and void. This bond shall inure to the benefit of any of the persons named i n Section 3181 of the Ca liforn ia Civil Code so as to give a right of action to such persons or their assigns. In case any action is brought upon this bond, Surety furthe r agrees to pay all court costs and a reasonable attorney's fee in an amount fixed by the court. 1 5-4584/117357 Page 1 of 2 392 Surety stipulates and agrees, for value received, that no change, extension of time, alteration, addition or modification to the terms of the Contract, or any contract document or any work to be performed thereunder, whether made after notice or not, shall in any way affect, impair or release the obligations of Surety under this bond. Surety hereby waives notice of any such change, extension of time, alteration, addition, or modification to the terms of the Contract, the contract documents or the work thereunder. Surety also waives the provisions of California Civil Code§§ 2845 and 2849. IN WITNESS WHEREOF, each party represents and warrants that this instrument has been duly executed by Principal and Surety, on the date set forth below, that the name of each corporate party being affixed hereto is such party's proper legal name and that the individuals signing this instrument have been duly authorized pursuant to the authority of its governing body. Surety, by execution of this bond, waives any defense which Surety has or may have by reason of any failure of the Principal to execute or properly execute this bond. Dated: __ M_a_r_ch_12~,_2_0_2_6 __ ATTEST [Corporate Seal] ATTEST [Corporate Seal] (Attach Attorney-in-Fact Certificate) We R Builders By: Name: ~~~-.!:.~~a.L-,----.-----­ Title: Merchants Bonding Company (Mutual) (Surety Name) By: ~~ Name: Thao Luu , Attorney-in-Fact (Signature of Attorney-in-Fact for Surety) 515-243-8171 (Area Code & Telephone Number for Surety) A~PROVED f S,TO. FO~M: / By. \) ·~ \ .A..... Michael J. Vigliotta, City Attorney Note: This bond must be executed In duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. 15-4584/117357 Page 2 of 2 PAYMENT BOND 393 CALIF ORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 J§=i!l!Sfiffllltl80ll ~1~ g J B ~ !i !i g,f@8 □ l&088i~ 8:0 C "80(! !ffl g 516\11 El@iiJl!i □ lJf.l j i SS:4Mll8ftl88 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 Cal ifornia County of R~...}~~\ ~~ } On ~\a..-cc:...¼ \'b, ~7...t, before me, \...c.V\/\..~~ ~~VV\.<:.~~ ; N<J-\C.'<"~~b\,c. Date Here Insert Nome and Title of the Officer :S personally appeared ~~< ~~Vv\.C...~ ______ N_a_m_e_(sl of Sign_e_r(:_s) 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/the ir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. Place Notary Seo/ and/or Stomp Above I certify under PENAL TY OF PERJ URY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 'L~""'-~,e._5> ci~vv\C:. ~\ Signature of Notary Public OPTIONAL completing tnls tnrormatton can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached D ocument ~ ~ \ Title or Type of Document ~..,,----~...,.,,~.-==~:..::,...._· __ b_"'-.:_;_~-=---------------- Document Date: _____________________ Number of Pages: ___ _ Signer(s) Other Than Named Above: ______________________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ o Corporate Officer -Title(s): ______ _ □ Co rporate Officer -Title(s): ______ _ o Partner -D Limited □ General □ Partner -□ Limited □ General o Individual o Attorney in Fact D Individual o Attorney in Fact o Trustee o Guardian or Conservator o Trustee o Guardian or Conservator D Other: □ Other: Signer is Representing: _________ _ Signer is Representing: _________ _ !)l ©2 019 National Notary Association 394 CALIFORNIA ALL-PURPOSE 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 --~---------------- 0 n MAR 1 2 2026 before me, Irene Luong , Notary Public, ---------------------=----------Date Insert Name of Notary exactly as it appears o n the official seal personally appeared ____________ T_h_a_o_L.,.,u_u-,-,......,.=----,-.,.--------------- Name(s) of Signer(s) IREHE LUONG Noury Public -California 15_ Orange County ► Commission /12541868 ~ My comm. Expires Dec 16, 2029 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the fo regoing paragraph is true and correct. Though the information below Is not required by law1 it may prove valuable to persons relying on the document and could prevent fraudulent removal ana reattachment of the form to another document. Description of Attached Document Title or Type of Document: ------------------------------- Document Date: __________________ _ Number of Pages: ________ _ Signer(s) Other Than Named Above: __________________________ _ Capacity(ies) Claimed by Signer(s) S igner's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: _______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here S igner's Name: _____________ _ D Individual D Corporate Officer -Title(s): ________ _ D Partner D Limited D General D Attorney in Fact D Trustee D Guardian or Conservator D Other: ______ _ Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 395L MERCHANTS~ BONDING COMPANYr .. POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUT UAL) and MERCHANTS NATIONAL BONDING, INC' both being corporations of the State of Iowa , d/b/a Merchants National Indemn ity Company (in California only) (herein collectively called the "Companies") do hereby make, constitute and appoint, individually, Alexander R Holsheimer; Christine Woolford; Danielle Hanson; Emilie George; Irene Luong; James W Moilanen; P Austin Neff; Thao Luu; Yung T Mullick their true and lawful Attorney(s)-in-Fact, to sign its name as surety(ies) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the f idelity of perso ns, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. T his Power-of-Attorney is granted and is s igned and sealed by facs imile under and by authority of the following By-l aws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14 , 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 16, 2015. "The President, Secretary, Treasu rer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact , and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recogniza nces, contracts of indemnity and o ther writings obligatory in the nature thereof ." 'The signature of any authorized officer and the seal of the Company may be affixed by facsimi le or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used s hall have the same force and effect as though manually fixed ." In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and aut hority here by given to the Attorney-in-Fact includes any and all consents for the re lease of retained percentages and/or final estimates on e ngineering and construction contracts req uired by the State of Florida Department of Transportation. It is fu lly understood that consenti ng to the State ofFlorida Department of Transportation making payment of the fi nal estimate to the Contractor and/or its assignee, s hall not relieve this surety company of any of its obligations under its bond . In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Attorney-in-Fact cannot be modified or revoked unless prior written personal notice of such intent has been g iven to the Commissioner ­ Department of Highways of the Commonwealth of Kentucky at least thirty (30) days pr ior to the modification or revocation . In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 2nd day of July , 2024 ... ~1•,oiv:t•·· ... ,;,,-cii. .. MERCHANTS BONDING COMPANY (MUTUAL) •••~.-.... p•·o·····" ~••• • ~\) ... •···•.~.,o•. MERCHANTS NATIONAL BONDING, INC. :°":, /a~ JI~•· .. o••• --~•·t::>?>.P01t,j•."l-s,•. d/b/a M ERCH ANTS NATIONAL INDEMNITY COMPANY 5,-,;,_:c; ~·.~\ :~ ... ~ ~·-.'.L•. -~:-e o c:,:O• .._ , .. :c:--• -:-: :~:--o-o:-• ·:s:· .;z: •• ,·.. 1933 :==: \a\ 2003 _:~ti): • ~· . ~. --~··. .··,: • • .:,;~. .-:._i:;!: -. -.... •... ..•• _... •• • ...... ~.i,> ....... ,,., •• ··~.'Jr· ..••• * _____ ·'=> •• -........ -: ... ·, * ,;. STATE OF IOWA ••••un••• • • •• • • • COUNTY OF DALLAS ss. By On this 2nd day of July 2024 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BOND ING, INC.; and that the seals affixed to the foregoing instrument are the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. Penni Miller Commission Number 787952 My Commission Expires January 20, 2027 (Expiration of notary's commission does not invalidate this instrument) I, William Warner, Jr., Secretary of M ERCHANTS BONDING COM PANY (MUT UAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certif y that the above and forego ing is a true and co rrect copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full fo rce and effect and has not been amended or revo ked. 396 CONTRACTOR'S SWORN STATEMENT AND WARRANTY REGARDING CONTINUING INSURANCE OBLIGATIONS FROM: We R Builders, Inc. (Contractor Name) 1608 Palmyrita Avenue (Street Address) Riverside, CA 92507 (City, State, Zip Code) PROJECT: Hartl und Lane Water Main Replacement, CC1735 TO: CITY OF HUNTINGTON BEACH DECLARATION Attached hereto is a true and correct copy of the current Certificate of Insurance and Additional Insured Endorsement CG 2010 1185, which Certificate complies with the insurance requirements of the Contract by and between the City of Huntington Beach ("City") and the above-named Contractor ("Contracto r") for the above-described project ("Project"). I declare under penalty of perjury under the laws of the State of California that the above statement is true and correct. Signed on ____ M_a_rc_h_1_3 ____ ., 20 ~. at _____ R_iv_e_rs_id_e_,_C_A ____ _ (Date) (City, State) WARRANTY Contractor hereby warrants and agrees to maintain Products and Complete Operations Insurance in compli ance with the insurance requirements of the Contract for the Project. Said insurance shal l be maintained through and until the expiration of all Warranties provided by t he Contractor. Said insurance shall contain Additional Insured Endorsement CG 2010 1185, naming the City as an add itional insured. Contractor shall supply to the City, on at least an annual basis, a Certificate of Insurance and the aforementioned Endorsement evidencing continued coverage which meets the Contract requirements. Signed on ____ M_a_rc_h_1_3 ____ ., 20 _2_6 _. at _____ R_iv_e_rs_id_e_,_C_A ____ _ (Date) (City, State) CONTRACTOR: Name: We R Builders, Inc. By: Name: Tit le: 397 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 3/11/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CON FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION 15 WAIVED, subject to the terms and cond itions of the policy, certain policies may r equire an endorsement. A statement on this certificate does not confer r ights to the certificate holder in lieu of such endorsement(s). PRODUCER NAMe:'v' Michael Benoit Pacific United Insurance Services PHONE (619)274-8144 J ;ffc Nol: <•••1274-8143 IAJC No Extl: 7851 Mission Center Court ~~J~ss,Michael@pacificunitedins.com Suite 322 INSURER/SI AFFORDING COVERAGE NAIC # San Diego CA 92108 I NSURER A: Cumis Special tv Insurance Companv 12758 INSURED INSURER B: Infinity Select Insurance Company 20260 WE R BUILDERS INSURER c: Kinsale Insurance Company 38920 1608 Palmyrita Ave. I NSURER D: State Compensation Insurance Fund 35076 INSURER e : Naviqators Insurance Company 42307 Riverside CA 92507 INSURER F: Mt. Hawlev Insurance Comoanv 37974 COVERAGES CERTIFICATE NUMBER:25-26 All Lines Master REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUI REMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR ,:~Mg~, ,i~TJ%~, LTR TYPE OF INSURANCE l •••~n unm POLICY NUMBER LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1,000,000 -=:J CLAIMS.MADE W OCCUR DAMAGE TO RENTED A PREMISES /Ea occurrencel s 100 ,000 -X 'l WIS0001390 11/10/2025 -11/10/2026 MED EXP (Any one person) s 5,000 PERSONAL & ADV I NJURY $ 1 ,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 ,000 ,000 ~ □PRO-OLoc PRODUCTS -COMP/OPAGG $ 2,000,000 POLICY JECT OTHER: $ AUTOMOBILE LIABILITY -COMBINED SINGLE LIMIT tEa accidentf $ 1,000,000 X ANY AUTO BODILY INJ URY (Per person) $ B -ALL OWNED -SCHEDULED AUTOS AUTOS 50015l 7ll0l 02/23/2026 08/23/2026 BODILY INJ URY (Per accident) $ --NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per accident\ -- $ X UMBRELLA LIAS MOCCUR EACH OCCURRENCE $ 2,000,000 ....._ C EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2 000 000 DED I I RETENT ION $ 0100410694-0 11/10/2025 11/10/2026 s WORKERS COMPENSATION X I ~~f--~ I I OTH- ANO EMPLOYERS' LIABILITY "'" Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE 0 E.L. EACH ACCIDENT $ 1,000 000 OFFICER/MEMBER EXCLUDED? N/A D (Mandatory in NH) 'l 93481 01-25 10/23/2025 10/23/2026 E.L. DISE ASE -EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION O F OPERATIONS below E.L. DISEASE · POLICY LIMIT $ 1 000,000 E Inland Marine 04 -IM059249 8/20/2025 8/20/2026 Sched Equipment• Light to Medium $70,000 F Pollution Liability EGL00l3658 10/23/2025 10/23/2026 Each Pollution Incident/Aggregate $1 ,0 00,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may bo attached If more space Is required) City of Huntington Beach, its officers, elected or appointed officials , employees , agents and volunteers is named as additional insured as required per the attached endorsement . CERTIFICATE HOL DER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Huntington Beach THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 2000 Main Street ACCORDANCE WITH THE POLICY PROVISIONS. Huntington Beach, CA 92648 AUTHORIZED REPRESENTATIVE I Mi chael Benoit/PHOEBE .),l'.ck~~\l< © 1988-20 14 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) INS025 (201401) The ACORD name and logo are registered marks of ACORD 398 ADDITIONAL COVERAGES Ref# I Description I Coverage Code Form No. I Edition Date Business Auto Limit 1 I Limit2 I Limit 3 I Deductible Amount I Deductible Type Premi um Ref# I Description I Coverage Code Form No . I Edition Date Limit 1 I Limit 2 I Limit3 I Deductible Amount I Deductible Type Premium Ref # I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref # I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit 2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref# I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit 2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref # I Descript ion I Coverage Code Form No. I Edition Date Limit 1 I Limit 2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref# I Description I Coverage Code Form No. I Editio n Date Limit 1 I Limit 2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref # I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref# I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit2 I Limit 3 I Deductible Amount I Deductible Type Premium Ref# I Description I Coverage Code Form No. I Edition Date Limit 1 I Limit 2 I Limit 3 I Deductible A mount I Deductible Type Premium Ref # I Descripti on I Coverage Code Form No. I Edition Date Limit 1 I Limit 2 I Limit3 I Deductible Amount I Deductible Type Premium OFADTLCV Copyright 2001 , AMS Services, Inc. 399 POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY G027012 23 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CHANGES -CANCELLATION AND NONRENEWAL This endorsement modifies insurance provided under the following: All Coverage Parts included in this policy are subject to the fo llowing conditions. A. Cancellation 1. The first Named Insured shown in the Declarations may cancel this policy by mailing or delivering to us advance written notice of cancellation . 2. We may cancel this policy by mailing or delivering to the first Named Insured written notice of cancellation at least: a. 10 days before the effective date of cancellation if we cancel for nonpayment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. We will mail or deliver our notice to the first Named lnsured 's last mailing address known to us. 4. Notice of cancellation will state the effective date of cancellation. The policy period will end on that date. 5. If this policy is cancelled , we will send the first Named Insured any premium refund due. If we cancel, the refund will be pro rata. If the first Named Insured cancels , the refund may be less than pro rata. However, in no event shall we retain less than the Minimum Earned Premium at Inception . The cancellation will be effective even if we have not made or offered a refund. 6. If notice is mailed, proof of mailing will be sufficient proof of notice. B. Nonrenewal 1. If we decide not to renew this Policy , we will mail or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 30 days before the expiration date. 2. If notice is mailed, proof of mailing will be sufficient proof of notice. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. © 2023 WESTCAP G02701223 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 400 POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY CG 25 03 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) GENERAL AGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): Each Project of the insured as required by an "insured contract." 2,000,000 Designated Construction Project General Aggregate Limit: $ ~------------ The combined maximum we will pay for all projects covered by Designated Construction Project Aggregate Limit is $ 5,000,000 Information required to complete this Schedule, if not shown above , will be shown in the Declarations. A. For all sums which the insured becomes legally obligated to pay as damages caused by "occur­ rences " under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which can be attributed only to ongoing operations at a single designated co nstructio n project shown in the Schedule above: 1. A separate Designated Construction Project General Aggregate Limit applies to each des­ ignated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Coverage A , ex­ cept damages because of "bodily injury" or "property damage" included in the "products­ completed operations hazard", and for medi­ cal expenses under Coverage C regardless of the number of: a . Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits". 3. Any payments made under Coverage A for damages or under Coverage C for medical expenses sha ll reduce the Designated Con­ struction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Ag­ gregate Limit shown in the Declarations nor shall they reduce any other Designated Con­ struction Project General Aggregate Limit for any other designated construction project shown in the Schedule above . 4. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Decla­ rations, such limits will be subject to the appli­ cable Designated Construction Project Gen­ eral Aggregate Lim it. CG 25 03 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 2 401 B. For all sums which the insured becomes legally obligated to pay as damages caused by "occur­ rences" under Section I -Coverage A, and for all medical expenses caused by accidents under Section I -Coverage C, which cannot be at­ tributed only to ongoing operations at a single designated construction project shown in the Schedule above: 1. Any payments made under Coverage A for damages or under Coverage C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products-completed Operations Aggregate Limit, whichever is applicable; and 2. Such payments shall not reduce any Desig­ nated Construction Project General Aggre­ gate Limit. C. When coverage for liability arising out of the "products-completed operat ions hazard" is pro­ vided, any payments for damages because of "bodily injury" or "property damage" included in the "products-completed operations hazard" will reduce the Products-completed Operations Ag­ gregate Limit, and not reduce t he General Ag­ gregate Limit nor the Designated Construction Project General Aggregate Limit. D. If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted , or if the authorized contract­ ing parties deviate from plans. blueprints, de­ signs, specifications or timetables, the project w ill still be deemed to be the same construction pro­ ject. E. The provisions of Section Ill -Limits Of Insur­ ance not otherwise modified by this endorsement shall continue to apply as stipulated. Page 2 of2 © Insurance Services Office, Inc., 2008 CG 25 03 05 09 402 COMMERCIAL GENERAL LIABILITY CG 20 0112 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION Th is endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. CG 20 0 1 1219 © Insurance Services Office , Inc., 2018 Page 1 of 1 403 COMMERCIAL GENERAL LIABILITY CG 20 331219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN A WRITTEN CONSTRUCTION AGREEMENT WITH YOU This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIAB ILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an add itional insured any person or organization for whom you are performing operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an add itional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising inj ury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings , opinions, reports. surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the cla ims against any insured allege negligence or other wrongdoing in the supervision , hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising inj ury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. CG 20 331219 © Insurance Services Office, Inc., 2018 Page 1 of 2 404 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section 111-Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into with the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 331219 405 COMMERCIAL GENERAL LIABILITY CG 20 391219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -AUTOMATIC STATUS WHEN REQUIRED IN WRITTEN CONSTRUCTION AGREEMENT WITH YOU (COMPLETED OPERATIONS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Section II -Who Is An Insured is amended to include as an additional insured any person or organization for whom you have performed operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only w ith respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" performed for that additional insured and included in the "products-completed operations hazard". However, the insurance afforded to such additional insured : 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by t he contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: 1. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports , surveys, field orders, change orders or drawings and specifications; or 2. Supervisory , inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured , if the "occurrence" which caused the "bodily injury" or "property damage" involved the rendering of or the failure to render any professional architectural, engineering or surveying services. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you have entered into w ith the additional insured; or 2. Available under the applicable limits of insurance; whichever is less. This endorsement shall not increase the applicable limits of insurance. CG 20 391219 © Insurance Services Office, Inc., 2018 Page 1 of 1 406 POLICY NUMBER: WIS0001390 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by an "i nsured contract" Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfe.r Of Rights Of Recovery Against Others To Us of Section IV -Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products­ completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 407 STATE COMPfeNSATION INSURANCE FUND Home Office San Francisco All Effective Dates are at 12:01 AM Pacific Standard Time or the Time Indicated at Pacific Standard Time WE R BUILDERS 3746 FOOTHILL BLVD #304 GLENDALE, CA 91214 Endorsement Agreement Waiver of Subrogation Blanket Basis Effective October 23, 2025 at 12:01 AM and Expiring October 23, 2026 at 12:01 AM 9348101-2025 Renewal SD 9-45-82-45 Page 1 of 1 We have the right to recover our payments from anyone liable for an injury covered by th is policy. We will not enforce our right against the person or organization named in the schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. The additional premium for this endorsement shall be 2.00% of the total policy premium. Perso n or Organization Any person or organization for whom the named Insured has agreed by written contract to furnish this waiver Schedule Job Description Blanket Waiver of Subrogation Nothing in this endorsement shall be held to vary, alter, wa ive or extend any of the terms, cond itions, agreements, or limitations of this policy other than as above stated . Nothing elsewhere in this policy shall be held to vary, alter, waive or limit the terms, conditions, ag r eements or limitations in this endorsement. Countersigned and Issued at San Francisco October 23, 2025 ~--..,!2·,e:«£/ tLP<~ .Ji~,~~ 2572 Authorized Representative President and CEO SF-END Rev. 2/2025 O LD DP 217 408 SCHEDULE OF UNDERLYING INSURANCE Attached To and Forming Part of Policy Effective Date of Endorsement Named Insured 0100410694-0 11/10/2025 12:01AM at the Named We R Builders Insured address shown on the Declarations Additional Premium: I Return Premium: $0 $0 PRIMARY INSURANCE: Polley Type: General Liability Issuing Company: CUMIS Specialty Insu rance Limits of Insurance: Company Inc Po licy Number: TBD Each Occurrence/Claim: $1,000,000 Po licy Dates: 11/10/2025 -11/10/2026 General Aggregate: $2,000,000 Coverage Form: Occurrence Prod ucts/Comp leted $2,000,000 Operations Aggregate: Retroactive Date: N/A Personal and Advert ising Injury $1,000,000 Limit: (claims made policy only) PRIMARY INSURANCE: Policy Type: Automobile Liability Issuing Company: Infinity Select Insu rance Limits of Insu rance: Compa ny Policy Number: 50015171101 Each Accident: $1,000,000 Policy Dates: 08/11/2025 -02/11/2026 CAX1001 0224 Page 1 of 1 409 Policy Number: EGL0013658 Mt. Hawley Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. COMMERCIAL COVERAGE SCHEDULE OF ENDORSEMENTS The following is a listing of endorsements by Form Number and Title that form a part of the policy at issue: D-2FORM(01 /20) CPL 101 03 23 EGL 102E 09 24 IL-0017(11 /98) CPL 361CM 05 23 EGL 313 06 09 Ell 300 02 23 CPL 346 03 23 CPL 360 12 22 CPL 365 08 20 CPL 508 03 10 EGL 360 03 20 EGL 364 12 23 Ell 301 04 23 RIL-099ENV(06/21) RIL-2138A 01 21 RIL-2145(01/15) ILF-0001 (04/22) State of California Non-Admitted Disclosure Notice Contractors Pollution Liability Coverage Form Contractors Conditions Of Coverage Common Policy Conditions Claims Made And Reported Asbestos And Lead Based Paint Coverage Endorsement Designated Contracting Services Crisis And Reputation Management Blanket Non-Owned Disposal Site Coverage Endorsement Enhanced Designated Contracting Services Endorsement Mold, Mildew And Fungus Coverage EIFS Exclusion Communicable Disease Exclusion Exel -Access Or Disclosure Of Confidential Or Personal And Data-Related Liab Exclusion -Perfluoroalkyl And Polyfluoroalkyl Substances (PFAS) Service Of Suit And Conditions Endorsement Limited Terrorism Exclusion (Other Than Certified Acts) Exclusion Of Terrorism Involving NBCR Terrorism Signature Page ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. RIL 100 (06/98) Page 1 of 1 Insured 410 (1) A defect, deficiency, inadequacy, or dangerous condition in Your Product or Your Work; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms. h. Discrimination Any Claim, Suit, or Damages, arising out of the actual or alleged discrimination by any insured on the basis of age, color, race, sex, creed , national orig in, marital status, disability, or sexual orientation. i. Electronic Data Any Claim, Suit, Damages, Bodily Injury, Property Damage, or Corrective Action Costs arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate Electronic Data. As used in this exclusion, Electronic Data means information, facts or programs stored as or on, created or used on, or transmitted to or from computer software, including systems and applications software, hard or floppy d isks, CD-ROMS , tapes, drives, cells, data processing devices, or any other media which are used with electronically controlled equipment. j. Employer's Liability Any Claim, Suit, or Damages arising out of any Bodily Injury to: (1) An Employee of any Insured or any subcontractor arising out of and in the course of: (a) Employment by the insured ; or (b) Performing duties related to the conduct of the insured's business; or (2) The spouse, child, parent, brother, sister, or domestic partner of that Employee as a consequence of Paragraph (1) above . This exclusion applies whether the insured may be liable as an employer or in any other capacity and to any obligation to share Damages with or repay someone else who must pay Damages because of the injury. This exclusion does not apply to liabi lity assumed by the insured under an Insured Contract. k. Warranties Or Guarantees Any Clalm , Suit, or Damages based upon or arising out of warranties or guarantees. I. Failure To Perform The return of fees or charges for services rendered, including but not limited to the contract price , costs, or expenses incurred to perform or correct the Contracting Services that were to be performed by any insured, or expenses incurred by any insured for redesign, changes, additions, or remedies necessitated by a Claim, including the time and expense incurred by any insured in assisting in resolving the Claim. m. Fines, Penalties And Assessments Any fines, penalties, or assessments or any punitive, exemplary, or multiplied Damages arising out of or related to in the performance of Contracting Services by the insured. We shall have no duty to defend any criminal proceedings. However, where permitted by law, this exclusion does not apply to any civil fines , penalties , or assessments or any punitive, exemplary, or multiplied Damages. CPL 101 03 23 Contains copyrighted material of Insurance Services Office, tnc. Page 4 of 20 Insured 411 - Cir I I ( Sterling Dr. c ro..: o· ....J Q) ;, (.) ·= ='-' '-0 (1l (1l Q) -0 > .0 (1l c:,- Q) Kiner Dr. ('.) Taylor O~r=. ~ rn . co ·= EO 0 \ ~ .0 0 a::: (1l rn :.:; 0 ....J _f o r elle. Dr. s C 0 ~ La Palma ·:i: -0 ~ Dr. o Cl. 0 ('.) rh C ....J C 0 t:: (1] .c ~ Jdllll :C UI. --• c3S u Gladys Tradewind Cir. Dr . • a, C > ....J 0 Magic -gSantana C i r. o, C . :::, Q) IL;: . a. lo Spring-~ Ro_lf :r: ~o~ huTSt Dr cir. o'? cf·· • --0oShamrock Cir. eetwater ldlew ild Cir. Cir C: • C: ~S~nbeam;' Dancy E Cir :.:: • Cl ro Cir. I!! -0 .9:1 0. (1] -C ·;:: 0. :lE cnF'ad rino Ma". Cir. /~ c✓-(9<1' /' ~ ,,: • 0 \)· 0§1.fino c::'<> Cir. 0 .!::: () ... a (1l ....J • I . () Talbert Ave. Ellis Ave • Hartlund Water Main Replacement Project CC-1735 April 21, 2026 City Council Meeting 412 Project Location Map 413 Hartlund Ln Water Main •Year Built: 1973 •Water main meets Annual Water Main Replacement Criteria •Update water mains that have reached their “end-of-service - life.” •Convert system from asbestos (ACP) to PVC water main 414 Scope of Work •Abandon existing Asbestos Cement Pipe (ACP) water mains in residential tract •Trench and install new 6” Polyvinyl Chloride Pipe (PVC) along Hartlund Lane and Kiner Dr. •Install new 4” PVC water mains on Magic and Rolf Circle •Localized concrete and asphalt repair 415 • Cir .Jc:11111 j: UI. Talbert Ave. ~~~--;:~~c:--~~..: I :::J....1 a (!) c · Tradewind ir Q) Gladys . 15 Dr. c: c · oi ...JSantana ir . a.> "O -5 Magic c: ~ 5 Cir .~ Spring·:i: t: ro o~ huts\. Dr. Sterling Dr . • co Rol f :C "'~ -~· • o .._ .c c ·r o U k c·, r c:: co ... ea ~ 1 • CShamroc . · ...J ~ <3 2 ~®i~etwater 1Cdl_ew1ld ~ > lJ . Cir. tr. r::· ~ K;ner Dr. c ~ <5 e . ...JSunbeam0 TaylorOr.<I) . · a.> ~ ~ Cir. I!:' ... ·-!..J .!11 E a ..0 co Da~cY_§ C. o o .~ Cir . C'l co F a:: ...J .§ :i: 0 ...J Forelle . Dr . C: 0 ~ La Palma ~ Dr. 11. C: ...J C: -~ "O 0 0 (!) r+-, C. . cnPadnno Cir. Ma~/;,.: C . ,!:Ill) ,,,. /"." 'o \.,' Delfino r:;;1>­ Cir. 0 ..: u Q u Ellis Ave. Funding •We R Builders Bid: $ 729,770 •15% Contingency:$ 109,465 •Supplemental Costs:$ 34,036 $ 873,271 Current Funding •Water Improvements: $ 839,235 •Other Prof. Services:$ 34,036 $ 873,271 416 Questions? 417 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-363 MEETING DATE:4/21/2026 Subject: Item Submitted by Mayor McKeon - Declaration of May 7, 2026 as Theodore Roosevelt Day in Huntington Beach Recommended Action: Recognize the legacy of Theodore Roosevelt and bring forth a Resolution to declare May 7, 2026 as Theodore Roosevelt Day in Huntington Beach. Attachment(s): 1. Declaration of Theodore Roosevelt Day - Memo City of Huntington Beach Printed on 4/15/2026Page 1 of 1 418 City Council Meeting – Council Member Items Report To: City Council From: Mayor McKeon Date: April 21, 2026 Subject: DECLARATION OF MAY 7, 2026 AS THEODORE ROOSEVELT DAY IN HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT This proposal recommends designating May 7, 2026 as Theodore Roosevelt Day in Huntington Beach, California. The date marks the anniversary of Theodore Roosevelt’s first visit to California in 1903 during his well-known nine-week “Great Loop” tour—one of the most memorable presidential journeys in American history. The year 1903 is also notable for several milestones in American history, including the Wright brothers’ first flight, the first World Series, and the introduction of the teddy bear, named after Roosevelt. Historical Significance May 7, 1903 is meaningful for several reasons: 1. First Official Recognition This would be the first time a city in California officially sets aside a day to honor Theodore Roosevelt, whose impact on conservation and national parks is still felt today. 2. Connection to Huntington Beach’s Beginnings In that same month in 1903, Henry Huntington purchased Pacific City, which eventually became Huntington Beach. This shared timing creates a strong historical link between Roosevelt’s visit and the city’s founding. 3. Influence on Conservation During his 1903 trip, Roosevelt spent three days camping in Yosemite with naturalist John Muir. That experience helped shape his commitment to conservation and the protection of public lands. 4. A Deeper Historical Connection The story of Yosemite’s preservation goes back to Abraham Lincoln in 1864, influenced by photographer Carleton Watkins. Watkins had ties to Collis Huntington, whose railroad was later passed on to Henry Huntington. These connections highlight how local and national history are closely linked. It’s also worth noting that in the 1930s, the Pacific Coast Highway running through Huntington Beach was named Roosevelt Highway in his honor. Designating May 7 as 419 CITY OF . HUNTINGTON BEACH 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov Theodore Roosevelt Day would help reconnect with that history and encourage continued appreciation for conservation and environmental stewardship. Recognizing this day would honor Roosevelt’s legacy while also tying into the celebration of the nation’s 250th anniversary. RECOMMENDED ACTION Request staff bring forth a resolution at the May 5, 2026 City Council meeting declaring May 7, 2026 as Theodore Roosevelt Day in Huntington Beach. 420 City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-369 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION Subject: Item Submitted by Don Kennedy, Councilman, Casey McKeon, Mayor, and Pat Burns, Councilman to Create a City Council Lease Review Ad Hoc Committee to Review and Make Recommendations on City Leases Recommended Action: Establish a City Council Lease Review Ad Hoc Committee, consisting of three Council Members, through December 31, 2026, to review City leases and provide recommendations for City Council consideration. Attachment(s): 1. City Council Lease Review Ad Hoc Committee Memo City of Huntington Beach Printed on 4/15/2026Page 1 of 1 421 City Council Meeting – Council Member Items Report To: City Council From: Don Kennedy, Councilman Casey McKeon , Mayor Pat Burns, Councilman Date: April 21, 2026 Subject: Create a City Council Lease Review Ad-hoc Committee to review and make recommendations on City leases . 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT The City maintains a diverse portfolio of assets, including numerous properties leased for a variety of uses throughout the community. The City Council has undertaken ongoing efforts to ensure these assets are managed strategically to maximize their value and deliver intended amenities that benefit residents, visitors, and the City ’s overall financial position. These efforts have resulted in several key initiatives, including the centralization of lease administration, improved management of lease revenues, updating outdated agreements, and aligning lease terms with current market conditions. There are additional areas of improvement that should be considered, includin g the implementation of an open-bid leasing process in which prospective tenants compete in a transparent and competitive environment. Given the scope and importance of the City’s lease portfolio, establishing a dedicated forum for focused review will enhance oversight and strategic alignment. An ad hoc committee composed of City Council Members would provide the opportunity to review lease agreements, evaluate terms and conditions, review market alignment, participate in or provide input on lease negotiations, evaluate open bid leasing, and develop recommendations for city Council consideration. RECOMMENDED ACTION Establish a City Council Lease Review Ad Hoc Committee, consisting of three Council Members, through December 31, 2026, to review City leases and provide recommendations for City Council consideration. 422 .• CITY OF _ HUNTINGTON BEACH City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-373 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION Subject: Item Submitted by Mayor McKeon to Create a City Council Ad Hoc Committee to review and make recommendations on the Request for Proposals for the Creative Strategy, Branding, Merchandising, Media, Communications, and Film Industry Development Systems Recommended Action: Create a City Council Ad Hoc Committee consisting of three Council Members to review the process, received proposals and provide a recommendation on the approach for this project. Attachment(s): 1. McKeon Ad Hoc Committee to Review Creative Strategy Proposals - Memo City of Huntington Beach Printed on 4/15/2026Page 1 of 1 423 City Council Meeting – Council Member Items Report To: City Council From: Casey McKeon , Mayor Date: April 21, 2026 Subject: Create a City Council Ad -hoc Committee to review and make recommendations on the Request for Proposals for the Creative Strategy, Branding, Merchandising, Media, Communications, and Fi l m Industry Development Systems . 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov ISSUE STATEMENT The City has issued a Request for Proposals (RFP) for a firm to build Creative Direction Strategy, Branding, Merchandising, Media, Communications, and Fi lm Commission Systems into the City and train City Staff to operate these systems. This RFP is requesting qualified firms to provide a methodology for building: a creative strategy & communication infrastructure, branding approach with ownership of the City’s Intellectual Property, merchandising program, media and communications programs, and film commission with industry attraction strategies. The program provides the City many opportunities to improve communication with Huntington Beach residents, businesses, and visitors. This includes revenue generation and capture for the City and businesses. I propose creating a City Council Ad-hoc committee consisting of three Council Members to review the process, received proposals and provide a recommendation on the approach for this project. RECOMMENDED ACTION Create a City Council Ad-hoc Committee to evaluate the RFP and provide recommendations anticipated to be complete in 30 to 45 days days. 424 .• CITY OF _ HUNTINGTON BEACH City of Huntington Beach 2000 Main Street, Huntington Beach, CA 92648 File #:26-379 MEETING DATE:4/21/2026 REQUEST FOR CITY COUNCIL ACTION Subject: Item Submitted by Councilman Williams and Councilman Gruel - Council Discussion on the Origin and Procurement Process of the City Asset and Revenue Audit and the proposed $720,000 Wolffhaus Agreement Recommended Action: Refer to City Council Memorandum (included as Attachment #1). Attachment(s): 1.Williams, Gruel - Origin and Procurement Process of the City Asset and Revenue Audit and Proposed Wolffhaus Agreement Memo 2.Huntington Beach Brand & Systems Audit & Report 3.Proposed Professional Services Agreement from 4/7 City Council Meeting City of Huntington Beach Printed on 4/17/2026Page 1 of 1 powered by Legistar™ City Council Meeting – Council Member Items Report To: City Council From: Chad Williams, Councilman Andrew Gruel, Councilman Date: April 21, 2026 Subject: COUNCIL DISCUSSION ON THE ORIGIN AND PROCUREMENT PROCESS OF THE CITY ASSET AND REVENUE AUDIT AND THE PROPOSED $720,000 WOLFFHAUS AGREEMENT 2000 Main Street, Huntington Beach, CA 92648 | www.huntingtonbeachca.gov REQUESTED ACTION City Council discussion item regarding the origin, development, and procurement of the City Asset and Revenue Audit performed by Wolffhaus and the subsequent proposed $720,000 Professional Services Agreement. This item will provide Council Members the opportunity to ask questions and receive information on how this matter was initiated and advanced. Additionally, this item will take into consideration a vote to terminate or reconfigure the approach for the RFP for: Creative Strategy Branding Merchandising, Media, Communications and Film Industry Development Services. ENVIRONMENTAL STATUS Not applicable. STRATEGIC PLAN GOAL Not Applicable – Administrative Item ATTACHMENTS 1. Huntington Beach Brand & Systems Audit & Report 2. Proposed Professional Services Agreement from 4/7 City Council Meeting CITY OF . HUNTINGTON BEACH HUNTINGTON BEACH BRAND & SYSTEMS AUDIT & REPORT Draft V4. | Presented for: Travis Hopkins, City Manager, Huntington Beach, CA W WOLFFHAUS An Introduction to Wolffhaus. Wolffhaus is not a traditional agency, and this report was not built through a conventional compliance-only lens. Our work comes from operating daily at the intersection of brand strategy, creative direction, media, business development, public perception, product development, and systems building for major brands, public-facing organizations, celebrities and public figures. Our approach is not conventional, and the economics of a place like Huntington Beach are not conventional. In a tourism city and identity-driven world, value is not created only through contracts and line items. It is also created through perception, visibility, cultural relevance, desirability, and third-party amplification. Those factors influence tourism demand, visitor spending, sponsorship pricing, media value, business attraction, and overall brand strength. When they are ignored simply because they are harder to quantify, cities can miss major economic opportunities hiding in plain sight. While traditional audits often focus on what is formally documented, financially reported, or procedurally required, our work is built around identifying the gaps between what an organization has, what it communicates, what it controls, and what it fails to capture. We are brought into complex environments to diagnose overlooked problems, connect disconnected issues, and find opportunities that others miss. We look for structural weaknesses, hidden inefficiencies, underused assets, outdated systems, fragmented ownership, missed revenue, and reputational blind spots — then work backward to identify what should and can be corrected, built, modernized, or brought under stronger control. Wolffhaus is a hybrid agency with capabilities that extend beyond any single traditional discipline. We do not operate like a narrow agency confined to one category. We work across creative direction, branding, communications, media, manufacturing, experiential, strategy, and operational problem-solving. That cross-functional experience allows us to evaluate situations more holistically and identify patterns that may be invisible when viewed through a single departmental or technical lens. This report reflects that perspective. It is not simply a review of isolated line items or contracts. It is a broader examination of how value is created, protected, lost, and left uncaptured across the City’s brand, assets, partnerships, systems, and public-facing infrastructure. 2 Huntington Beach Is Operating Without Systems to Protect or Capture the Value of One of the Most Recognizable Coastal Brands in the World Huntington Beach is not suffering from a revenue problem. It is suffering from a systems problem. Over the past several weeks, this detailed audit was conducted examining the City’s: ● Licensing agreements ● Branding and IP controls ● Outsourced marketing structures ● Revenue-sharing models ● Contract oversight ● Reporting and audit enforcement processes ● City owned assets & IP tied to brand value This report reveals a consistent pattern: The City has repeatedly undervalued its most powerful assets —its brand, its intellectual property, its physical locations, and its leverage. Across multiple departments and agreements, the City: • Accepts below-market royalty rates • Locks into long-term concession structures with weak performance triggers • Relies on self-reported revenue without mandatory deep auditing cycles • Failed to modernize expired intellectual property protections • Outsources high-margin revenue channels This report identifies: • Immediate revenue recovery opportunities • Mid-term contract restructuring pathways • Long-term institutional infrastructure improvements If properly implemented, these corrections could conservatively recover and generate: $2M–$5M+ annually across corrected systems The gap between asset value and revenue capture is substantial. This report exists to highlight that gap. 3 Huntington Beach possesses an asset most cities will never have: a globally recognized coastal brand. Rooted in decades of surf heritage, beach culture, recreation, and the classic Southern California lifestyle, this identity has shaped perceptions in media, tourism, and popular culture for generations. The California Dream. This identity carries real economic power. Many residents may not fully recognize the true economic value of this identity. A strong city brand is a form of intellectual property: it influences how people view the destination, drives visitor decisions, supports local commerce, generates tax revenue, creates employment, and contributes to overall community prosperity—all without requiring new taxes or major infrastructure projects. Cities with strong global identities routinely convert that recognition into tourism revenue, media exposure, cultural influence, and long-term economic development. When managed strategically, a city’s brand functions much like intellectual property — an asset capable of generating sustained public value. Yet despite possessing one of the most recognizable coastal identities in the world, Huntington Beach currently operates without a coordinated system designed to manage, protect, or monetize that asset. Instead, the economic value associated with the Huntington Beach identity is dispersed across fragmented initiatives, outside organizations, private operators, and media platforms that capture portions of the value without a unified strategy that benefits the city itself. Since Covid, Huntington Beach has received growing national and regional media attention centered on political debates and divisions, rather than the surf culture, suburban beach lifestyle, and community traditions/values that have long defined its worldwide appeal as Surf City USA. While no city can dictate every story written about it, when external narratives become the dominant lens through which a place is viewed, the deeper qualities that residents and visitors cherish can become less visible. Over time, this kind of shift in public perception can carry real implications for the community's image, tourism, local pride, and overall sense of unity. Reputation affects tourism behavior, media partnerships, event attraction, investment decisions, and civic pride. When a city’s narrative drifts away from the qualities that created its global appeal, the resulting damage is not merely reputational — it becomes economic. The purpose of this audit is to examine the structural systems behind Huntington Beach’s brand, its IP and assets, and identify where value is currently being lost. 4 The findings that follow document a series of gaps in how the city manages media, events, cultural programming, communications infrastructure, and brand stewardship. Taken together, these gaps represent a fundamental issue: Huntington Beach possesses extraordinary brand power, but it does not currently operate with the systems required to protect that power or convert it into sustained economic value for the community. TABLE OF CONTENTS 1. Core Audit Concerns 2. Immediate Corrective Opportunities 3. Core Diagnosis 4. Core Recommendations 5. Audit Methodology 6. Core Issue: Brand & Brand Voice 7. Core Issue: Merchandising & Revenue Loss 8. Missed Opportunities & Revenue: Film Commission 9. Mismanaged & Underutilized Asset: Art Center 10. Undervalued: Fourth of July Celebration 11. Overburdened & Reactive 12. Missed Opportunities – Civic Pathways 5 1. CORE CONCERNS Huntington Beach is currently operating under increasing fiscal pressure while simultaneously managing several public-facing assets that generate economic activity tied directly to the city’s global identity. This audit evaluates whether the City is effectively capturing the value generated by those assets and whether existing systems are structured to protect the City’s long-term economic interests. The review was driven by five core concerns: Loss of Intellectual Property (IP) Control and use as a revenue generator. Huntington Beach possesses one of the most recognizable coastal identities in the world, yet the City lacks systems designed to manage and monetize that identity as a strategic asset. Budget Deficit Pressure The City faces increasing pressure to identify sustainable revenue sources and reduce structural inefficiencies. Vendor Dependency Risk The Huntington Beach brand relies heavily on outside vendors, consultants, or organizations, creating long-term dependency, reduced internal control and inflated expenses. Revenue Leakage Multiple revenue-generating activities tied to tourism, events, media, and licensing operate without systems or oversight that ensure the City captures a proportional financial return. Fragmented Ownership Responsibility for brand-adjacent economic activity is dispersed across departments, partnerships, and outside operators without centralized coordination. 2. IMMEDIATE CORRECTIVE OPPORTUNITIES Huntington Beach already possesses the core asset many cities spend decades trying to build: a globally recognized identity with proven tourism, cultural, and commercial value. The issue is not whether value exists. The issue is whether the City has the systems required to capture, protect, and grow that value. 6 This audit identified several opportunities where stronger oversight, modernized agreements, clearer ownership, and better internal coordination could begin producing measurable returns. These opportunities do not depend on creating a new identity. They depend on managing existing assets with greater structure, accountability, and intent. The most immediate opportunities appear in merchandising and licensing, film and media activity, event and sponsorship monetization, and the reduction of inefficiencies tied to fragmented communications and outdated operating structures. Together, these areas represent the clearest starting points for revenue recovery, cost savings, and long-term institutional improvement. FINANCIAL SNAPSHOT Preliminary analysis indicates that several areas tied to the Huntington Beach brand are severely underperforming due to outdated agreements, fragmented ownership, limited internal systems, and weak revenue capture. Based on currently available records, benchmark comparisons, and observed structural gaps, the following ranges reflect conservative estimates of annual lost value, cost savings opportunity, and longer-term recoverable impact if corrected through modernized systems and agreements. Category Estimated Annual Opportunity Estimated 5-Year Opportunity Merchandising & Licensing $500,000–$1,000,000+ $3,000,000–$5,000,000+ Film & Media Production $100,000–$300,000+ direct revenue potential $10,000,000+ in related economic activity Events & Sponsorships $500,000+ $3,000,000+ Media & Communications $250,000–$500,000 Multi-year operational savings capacity gains, earned media Total 5-Year Direct + Indirect Impact Projection: $18,000,000+ in combined direct revenue opportunity, cost savings, and related economic 7 activity through improved asset management, stronger revenue capture, and system modernization. These figures are estimates based on the information currently available and are intended to illustrate the scale of the opportunity, not a guaranteed financial outcome. More precise values would require deeper financial review, contract analysis, vendor reporting validation, and implementation-stage analysis. 3. CORE DIAGNOSIS The central issue identified in this audit is not a lack of opportunity. Huntington Beach possesses valuable economic assets. What it lacks are the systems required to manage them effectively. The current structure produces five recurring conditions: Fragmented Ownership Economic drivers connected to the Huntington Beach brand operate across multiple departments and external partnerships without a unified management framework. Under-Captured Revenue Tourism activity, media exposure, events, sponsorships, and licensing opportunities generate economic value that is not consistently converted into direct revenue for the City. Limited Internal Control Over Public-Facing Brand Representation External organizations and media outlets frequently shape the public perception surrounding Huntington Beach. The City does not currently appear to operate with the level of media infrastructure, production consistency, or distribution reach needed to regularly showcase the full breadth of community activity, assets, and positive developments taking place across Huntington Beach. No Integrated Systems Huntington Beach currently lacks an integrated framework that connects tourism, media, film production, events, licensing, and cultural programming into a coordinated economic system. Overburdened & Short Handed Staff Huntington Beach currently operates with a severely limited number of staff in the creative department. In many organizations, the strategic value of creative leadership, media 8 infrastructure, and relationship-driven brand development is often underestimated, particularly when those functions are not viewed as direct contributors to revenue generation. This report also makes clear that many City staff are operating under real strain. Too much is being carried by too few people, often without the systems, staffing structure, internal coordination, or specialized support required to manage a city with assets of this scale and public visibility. In several areas, the City does not simply appear overextended. It appears structurally underbuilt. Certain roles commonly found in modern cities — including centralized creative leadership, media support, content development, and coordinated brand and communications personnel — appear limited, fragmented, or absent altogether. As a result, existing staff are left carrying responsibilities that extend well beyond what current structures are designed to support. Any recommendations in this report are intended not to add to that burden, but to reduce it. By improving revenue capture, modernizing workflows, and building durable internal systems, the City can create new capacity rather than continuing to overextend the teams already in place. Over time, the funding generated through these corrections could help support expanded staffing, internship and workforce pipelines, stronger creative and media infrastructure, and the tools needed to make City operations more effective and sustainable. 4. CORE RECOMMENDATIONS The City does not need to create new identity assets. It already possesses them. What is required is the implementation of systems that allow Huntington Beach to own, manage, and benefit from the economic value these assets produce. The recommended framework focuses on five priorities: 1. Build Internal Ownership Establish internal systems responsible for managing the Huntington Beach brand ecosystem rather than relying on fragmented external control. 2. Standardize Systems Create coordinated operational structures connecting tourism, media, events, film production, sponsorships, and licensing. 3. Capture Intellectual Property Treat the Huntington Beach identity as a strategic municipal asset with defined licensing, merchandising, and partnership frameworks. 9 4. Train and Transfer Institutional Knowledge Develop internal city capabilities related to brand IP that reduce reliance on outside consultants and vendors. 5. Eliminate Long-Term Dependency Design systems that allow Huntington Beach to operate more independently rather than relying on external organizations to manage core economic drivers. If implemented, these structural changes would allow Huntington Beach to transition from a city that just hosts economic activity tied to its identity to a city that actively manages and captures the value that identity produces. As these programs grow, they can generate enough revenue to expand internal capacity and reduce pressure on the teams currently carrying these responsibilities. 5. AUDIT METHODOLOGY The findings in this report were developed through a multi-step review process designed to evaluate both the operational structure and financial implications of programs tied to the Huntington Beach brand ecosystem. Methods used during this audit include: Public Records Review Examination of publicly available agreements, reports, contracts, and program documentation related to tourism, events, media, and other city-affiliated activities. Department Interviews Discussions with relevant city personnel and stakeholders involved in programs connected to tourism, communications, cultural programming, and economic activity tied to Huntington Beach’s public identity. Revenue Analysis Review of available financial information to identify potential gaps between economic activity occurring within the Huntington Beach ecosystem and the direct revenue captured by the City. Benchmark City Comparison Reference to structural models used by comparable municipalities to manage tourism, media, film production, events, and brand-related economic assets. Comparative Fee Structures Evaluation of how Huntington Beach’s fees, agreements, and revenue structures compare to similar cities and programs. Workflow Observation Assessment of operational workflows and departmental coordination to identify fragmentation, redundancy, or system gaps. Limitations of Available Public Data 10 This report relies in part on publicly available records, reported figures, interviews, and benchmark comparisons. Because complete financial, contractual, and operational data was not available in all areas at the time of review, certain findings and projections are best understood as conservative estimates based on the information currently accessible, and may require further validation through deeper internal review. THE HUNTINGTON BEACH BRAND ECOSYSTEM The Huntington Beach brand ecosystem functions best when film, tourism, events, licensing, merchandising, media, sponsorship, cultural programming, and city-owned venues are treated as connected parts of one larger system rather than separate activities operating in silos. Each area feeds the others. Film and media drive attention. Tourism converts attention into visits, spending, and broader recognition. Events create moments that generate attendance, press, sponsorship value, and merchandising opportunities. Licensing and merchandising capture revenue from the City’s identity and extend its presence into everyday life. Cultural programming strengthens authenticity, community pride, and local participation. City-owned venues and public assets serve as the stages where these experiences are activated. When aligned under a unified strategy, these categories build momentum for one another, increasing public value, strengthening the City’s identity, and creating more sustainable long-term economic return. Includes: ● Film ● Tourism ● Events ● Licensing ● Merchandising ● Media ● Sponsorship ● Cultural programming ● City owned venues & Assets ____________________________________________________________________________ 6. CORE ISSUE: BRAND & BRAND VOICE 11 1. Discovery Huntington Beach possesses one of the strongest municipal identities in California. The pier, surf culture, major events, coastline, and “Surf City” association generate significant national and international recognition. Third-party voices — including national media, influencers, event promoters, and independent organizations — play an outsized role in shaping public perception of the brand. However, brand management remains fragmented across tourism promotion, city communications, department-level outreach, event marketing, and media production. There is no centralized authority responsible for integrating these efforts into a unified, strategic system or effectively managing third-party portrayals. Upon interviews with department heads, current creative and public information staff is severely overburdened, limiting capacity for proactive, high-quality content production and brand stewardship. Additionally, media storage does not currently meet modern archive standards and lacks a digital asset management (DAM) system, hindering ease of access for press, internal teams, partners, and content repurposing. The City also lacks a robust network of strong, positive third-party voices in the influencer and creator economy. There are few sustained, authentic relationships with lifestyle, surf, family-travel, or coastal influencers who could consistently amplify the welcoming, fun Surf City culture to wider audiences. What exists: ● Miles of beaches, 350+ acres of parks, hundreds of events annually ● Major events drawing hundreds of thousands of visitors ● A thriving business community and restaurant scene ● Cultural institutions and historic landmarks ● Daily moments of community pride, achievement, and beauty What doesn't exist: ● A unified creative and communication vision across departments ● A professional media archive and asset management system ● Modern video production that competes with what residents see elsewhere ● A content strategy that proactively tells the city's story ● Systems to capture, organize, and distribute high-quality media ● Coordination between tourism, parks, business services, and city communications ● A YouTube channel or social media presence with large meaningful impact 2. Current Structure Tourism marketing is primarily executed through an external nonprofit entity focused on hotel performance, while City communications operate separately with limited scope, infrastructure, and distribution reach. Across departments, content is produced independently without a shared brand framework, unified messaging architecture, or centralized asset system. The result is a fragmented public-facing identity where major parts of the Huntington Beach story are being told in silos rather than through a coordinated citywide strategy. 12 In recent years, there appears to be limited collaboration and few high-impact joint initiatives between the current DMO (Destination Marketing Organization - Visit Huntington Beach) and the City that meaningfully advance broader brand objectives beyond core hotel and tourism metrics. This structural separation reduces the City’s ability to align campaigns, amplify key moments, and fully leverage the Surf City identity across tourism, culture, community, and civic pride. Without greater unification, Huntington Beach risks continuing to operate with disconnected voices, duplicated effort, and underleveraged brand assets. For that reason, the City must take a more active role in building alignment across stakeholders and owning the systems that shape its authentic voice, so the welcoming, fun, family-friendly coastal culture of Huntington Beach is consistently represented, reinforced, and protected. 3. Financial Data (Indirect Impact) While brand infrastructure does not generate direct revenue line-items, it materially impacts tourism spend, event participation, business attraction, sponsorship pricing power, merchandising performance, and film location desirability. Modern destination marketing studies consistently show that perception and digital visibility heavily influence visitor spending patterns, length of stay, and willingness to purchase branded products. The power of third-party voices amplifies both positive and negative messaging, directly affecting economic outcomes. 4. Benchmark Comparison Comparable cities with strong tourism economies maintain centralized brand governance, in-house creative direction or integrated oversight, unified digital strategies, proactive media outreach, and coordinated tourism + city messaging. These systems allow them to better harness third-party voices while protecting core brand value and aligning public perception with economic goals. Huntington Beach currently operates without this level of integration, leaving its brand identity vulnerable to external forces. 5. Structural Risk The lack of centralized brand oversight creates several critical vulnerabilities: ● Loss of control over brand identity during periods of negative attention, particularly as national media sometimes frames Huntington Beach in ways that overshadow its actual culture ● Negative or controversy-focused third-party coverage can amplify narrow or incomplete portrayals of the City, reducing visibility for the broader coastal identity, family appeal, and community strengths that support tourism, events, and civic pride. ● Limited positive amplification from influencers and creators due to few established, mutually beneficial relationships ● Missed amplification of positive community developments ● Reduced tourism yield per visitor 13 ● Weak sponsorship leverage ● Inefficient cross-department communication ● Underperformance in digital engagement ● Severe overburdening of creative staff, constraining proactive storytelling and response capabilities ● Inadequate modern media archiving and access, slowing content reuse, press support, and overall efficiency ● Businesses and investors deterred by persistent negative brand narrative, perceiving higher risk or reputational concerns when deciding where to open, expand, or host events — despite the City’s world-class location and infrastructure ● Potential long-term economic chilling effect, as negative or polarized media coverage discourages corporate partnerships, film productions, retail development, and tourism-related investment that would otherwise flow to a strong, positive brand like Huntington Beach. For a city with Huntington Beach’s level of public visibility, fragmented communications and brand systems create avoidable risk. In a fast-moving media environment, perception can shift quickly, and without coordinated infrastructure the City is less equipped to reinforce the identity that supports tourism, investment, partnerships, and long-term economic value. 6. Revenue Gap Brand fragmentation, weak control over brand identity, and heavy reliance on third-party voices contribute to measurable economic losses. Without a more professional and coordinated media, content, and storytelling strategy, the City is unlikely to convert the full strength of its identity into its highest potential economic return across tourism, sponsorships, film activity, merchandising, and related categories. This results in lower per-visitor spending, under-monetized opportunities in merchandising and licensing, reduced film and event sponsorship pricing power, and missed ancillary revenue from cultural assets and branded experiences and fewer new businesses opening in the city. Conservative annual lost opportunity due to ineffective brand and media execution: $1.1 million – $2.25 million in direct, quantifiable revenue (merchandising, film, parade sponsorships, Art Center commissions, etc.) — with the true economic and community impact far larger and largely immeasurable, as it compounds through reduced tourism yield, deterred business investment, diminished national perception, and lost cultural relevance that erodes the Surf City brand’s long-term value every year we fail to act. Brand infrastructure and content quality directly influence revenue conversion rates across multiple categories. When third parties dominate the voice and the City lacks professional, engaging media capabilities, it captures significantly less value than the underlying asset justifies. 7. Corrective Path 14 Immediate: ● Establish centralized brand oversight authority with clear responsibility for brand identity strategy and third-party engagement ● Conduct full communication infrastructure audit ● Define unified messaging architecture that protects core Surf City identity Mid-Term: ● Implement modern media archive and digital asset management (DAM) system for secure, searchable storage and easy access ● Create collaborative cross-department creative content calendar & execution ● Align tourism and city messaging through structured coordination, including proactive media response protocols ● Launch staff training program focused on effective, engaging content creation, digital storytelling, video production, and brand-aligned messaging ● Develop internship structure to support overburdened creative teams, provide fresh capacity, and build talent pipeline ● Initiate targeted influencer and creator outreach program to build authentic, positive third-party relationships and opportunities for collaboration Long-Term: ● Develop in-house creative direction capacity with professional media planning and execution ● Build proactive press engagement framework and third-party amplification strategy ● Establish performance metrics tied to economic impact, brand sentiment, content engagement rates, and revenue capture ● Leverage current brand assets (e.g., merchandising, licensing, film, events) to generate additional revenue streams, directly bolstering staffing and resources in communications and creative departments Additional Context: DMO Reliance & Scope Over the past decade, Visit Huntington Beach (VHB) has gradually positioned itself as the default point of contact for much of the City’s broader destination brand, marketing narrative, visitor experience strategy, and creative initiatives — responsibilities that extend well beyond its core mandate of lodging-focused promotion. VHB’s mission statements, annual reports, and public materials consistently claim ownership over “inspirational destination marketing,” “brand management,” and “economic vitality” and even public relations and crisis communication. Based on our research and interviews, the City appears to have relied heavily on VHB for event amplification, media coordination, content creation, and broader brand-related functions, areas outside the scope of the city’s arrangement and whose board composition appears to remain heavily weighted toward hotel industry interests. 15 This drift has created an unintended over-reliance. People and partners now automatically turn to VHB when they want to do anything creative or marketing-related with the City. While this may have seemed convenient, or even standard based on how some DMO’s operate, VHB’s performance in visitor marketing and broader destination promotion has been largely standard rather than standout, with recent campaigns for hotels and events often feeling outdated and out of touch with current industry trends. More importantly, the City has no proactive relationships with key promoters, event producers, film commissioners, and other partners of its own, because those connections have quietly shifted to VHB over the past several years — an organization not technically responsible or structured to manage them for the city. The result is fragmented strategy, weaker accountability, and missed opportunities across the board. The Surf City brand deserves clearer governance, stronger city-led direction, and balanced stakeholder input rather than defaulting to a model that has expanded beyond its original scope. Suggested Solutions If the City chooses to continue outsourcing some of these functions, several structural improvements could restore alignment and accountability: ● Stronger, clearly defined ownership roles and lines of responsibility in the management agreement. ● A more collaborative board structure with meaningful council oversight and regular reporting requirements. ● Inclusion of internal city stakeholders on the board to ensure broader community and departmental representation. ● Adoption of an operational model closer to Visit Newport Beach’s, where the DMO is responsible for the larger marketing of the entire city — not just lodging — through a formal city contract with integrated public-private governance, shared priorities, direct accountability to the full city organization, and built-in collaboration across stakeholders. This structure could also ease burdens and responsibility on internal city staff but comes with its own set of risks as well. Structure of the Visit Newport Beach Model and Potential Benefits Visit Newport Beach operates as a city-contracted DMO within the broader Newport Beach & Company framework, funded primarily through TOT but governed under a formal agreement with the City of Newport Beach. This structure gives the DMO clear responsibility for overall city-wide destination marketing, brand management, visitor experience development, event promotion, and economic vitality initiatives — not just hotel performance. Governance includes a TBID board, an executive committee, and direct city oversight through ordinances and shared priorities, ensuring collaboration with the full range of stakeholders (residents, businesses, cultural organizations, and city departments) rather than a narrow lodging focus. 16 For Huntington Beach, adopting a similar model would allow the DMO to focus on comprehensive brand marketing and city-wide destination promotion with strong built-in accountability and stakeholder collaboration. This structure would clearly define roles, maintain proactive city relationships with promoters and partners, and align marketing efforts more closely with the entire community’s needs — delivering better results for the Surf City brand while keeping governance transparent and balanced. Additional Context: Recent Press and Media Patterns In recent years, Huntington Beach has received a growing volume of national and regional media attention centered on political conflict and controversy rather than the broader coastal lifestyle, surf heritage, community traditions, and quality of life that have long shaped its public identity. While no city can control every headline, sustained imbalance in external coverage can distort public perception over time and reduce visibility for the attributes that have historically driven tourism, civic pride, and broader brand appeal. In a media environment where controversy often receives disproportionate attention, cities with strong public identities must work more intentionally to ensure their broader strengths remain visible. For Huntington Beach, that means a more proactive and coordinated approach to communications, third-party engagement, and brand storytelling so that public perception is not shaped disproportionately by isolated controversies. As part of this audit, a representative sample of more than 100 relevant news articles and reports from Google News, major California outlets, and local sources was reviewed to better understand the dominant themes shaping public perception of Huntington Beach. No independent third-party media monitoring study specific to Huntington Beach was identified during this review. Based on this sample, the majority of higher-visibility coverage appeared to be political or controversy-oriented, while positive or lifestyle-driven coverage was present but materially less prominent in overall volume and reach. ● Political coverage: Approximately 75–85% of all press mentions are political or controversy-focused. ● Negative or critical tone: Approximately 60–70% of stories carry a negative or critical tone. Even neutral local stories are often overshadowed by controversy. Positive or neutral coverage makes up only 20–30% and rarely goes national. Positive coverage relating to Huntington Beach’s businesses, beach culture, community events, and everyday quality of life exists, but appears materially less prominent than controversy-driven coverage in overall visibility and distribution. How This Affects the City Brand 17 This heavy political tilt has shifted national and regional perception of Huntington Beach away from “Surf City USA” — the fun, welcoming, family-friendly coastal icon — and toward a polarized political flashpoint. When controversy becomes the dominant frame through which a city is seen, it can overshadow the qualities that historically attracted visitors, businesses, families, event partners, and broader cultural interest. The constant focus on controversy creates a feedback loop: it drives more political coverage while crowding out stories about life here in HB and community strengths that actually reflect the vast majority of residents’ experience. The result is diminished tourism appeal, weaker third-party advocacy, and missed opportunities to showcase the full value of the Huntington Beach identity. What We Need Moving Forward The City would benefit from a more intentional and coordinated communications strategy that increases the visibility of authentic, positive, and community-centered stories. The goal is not to manufacture perception, but to better represent the full reality of Huntington Beach by amplifying the people, places, traditions, and everyday experiences that continue to define its long-term appeal. Stronger coordination, better media infrastructure, and more proactive third-party engagement would help restore balance and improve the City’s ability to shape how its identity is understood. 7. CORE ISSUE: MERCHANDISING & REVENUE LOSS 1. Discovery Huntington Beach possesses one of the most powerful and valuable municipal brands in the world through its pier, surf culture, major events, coastline, and decades of national and international recognition. The global surfing apparel and accessories market is currently valued at $10.37 billion and is projected to exceed $15 billion by 2033. Individual major surf brands generate hundreds of millions in annual revenue. Quiksilver, Hurley, Billabong, Volcom, Roxy, Ripcurl, RVCA, and Reef are the major players in the market and Huntington Beach should rightfully have a seat at that table. Huntington Beach captures virtually none of the economic value its name and reputation should generate through retail sales, licensing and partnerships. We have the visibility, authenticity, heritage, and audience to claim a meaningful share, yet the category remains almost entirely untapped. By way of scale only, even a very small share of a multi-billion-dollar surf and coastal lifestyle market would translate into substantial retail volume. For example, 0.25% of that broader market would equate to approximately $27.5 million in gross annual retail sales. That figure is not presented as a short-term municipal revenue 18 forecast, but as an illustration of how large the surrounding market is relative to the City’s current level of participation. 2. Current Structure Merchandising and licensing are currently locked into a single outdated third-party agreement tied to the Surf City Store on the Pier, featuring a severely undervalued 5% royalty rate on branded merchandise, well below common industry standards, extremely low pier lease rent of $950 per month for a high-traffic prime location, no minimum royalty guarantees, and limited audit and verification protections. The referenced servicemark (“Surf City, Huntington Beach”) is dead/cancelled (USPTO Reg. No. 74/350/258, lapsed 2005), weakening enforceability. The website for direct consumer orders is hard to find, has a very limited selection, little to no active marketing or promotion, and product designs that have remained largely stagnant for years. Seasonal collections are not regularly introduced, and the overall program appears commercially underdeveloped and largely invisible relative to the millions of visitors who come to Huntington Beach each year. Beyond the pier store, our research indicates widespread sales of Huntington Beach-branded apparel and products across the city, from liquor stores and small shops to major retail outlets, some openly selling HB-branded apparel with no licensing agreement and zero revenue return to the City. All of this unauthorized activity likely accounts for millions of dollars in annual sales that are completely lost to the city. 3. Financial Data (Indirect Impact) The current program generates very limited direct revenue for the City relative to the strength of the Huntington Beach brand. Financial evidence from 2024–2025 Surf City Store reports shows total reported sales of $1,515,215.94, with the City receiving only $75,760.81 in royalties under the current 5% structure. Average monthly sales were approximately $63,134, while the average monthly return to the City was approximately $3,157. This gap is significant because the value behind Huntington Beach-branded merchandise was built over decades through the identity, reputation, and cultural contributions of the community itself. Yet under the current structure, much of that value does not appear to be returning to the City in a meaningful way. From July through December 2025, more than $400,000 in reported sales appears to have generated only approximately $18,000 in revenue to the City. 4. Benchmark Comparison Other major coastal cities manage their brands far more aggressively. The iconic “I ❤NY” is reported to generate $30 million annually in revenue. Comparable coastal destinations with active, professionally managed licensing programs (including Santa Monica, San Diego, Los Angeles, and Miami Beach) generate $1 million to over $5 million per year in direct licensing and merchandise revenue through modern e-commerce platforms, regularly updated product lines, aggressive digital marketing, and reasonable royalty structures. 19 These cities capture a meaningful share through official branded merchandise. Huntington Beach, with stronger global surf and coastal recognition than most peers, receives virtually nothing in comparison. 5. Structural Risk The current third-party deal — combined with rampant unlicensed sales — is a raw, one-sided arrangement that is actively costing taxpayers hundreds of thousands (likely millions) of dollars every single year: ●A 5% royalty rate that hands the vast majority of profits to outside operators while the City gets almost nothing ●Revenue that belongs to the generations of Huntington Beach residents who built this brand is instead being pocketed by third parties ●Complete absence of any marketing or promotion — consumers who want official Huntington Beach merchandise literally cannot find it ●The absence of an official website, online store, or meaningful direct-to-consumer pathway is a major structural gap for a destination brand of this caliber. ●Weak audit rights, weak oversight, limited minimum protections, and reliance on outside reporting create avoidable exposure and potential for underreporting where the City should be demanding greater transparency and accountability. ●Severely undermarket pier space lease - A prime high traffic retail location appears to be operating under terms that do not reflect the value of the site or the traffic associated with it. ●Product execution appears stagnant, with limited evidence of the kind of ongoing design development, seasonal refreshes, and quality control expected in the $10+ billion surf market ●Widespread unlicensed sales at 50+ locations across the city, including major retailers here in the city, generating large amounts in unauthorized (and in some cases un-taxed) revenue with zero return to residents ●Missed retail partnerships, sponsorships, and brand extensions that other major destination cities are actively cashing in on That combination of weak economics, weak oversight, weak enforcement, and weak modern retail infrastructure does not reflect the standard that should apply to an asset of this magnitude. 6. Revenue Gap With $580 million (per VHB) in annual direct visitor spending, shopping and souvenirs typically account for 12-18% — representing a massive revenue opportunity. A professionally managed merchandising program should capture a meaningful share through official branded products. Instead, due to the outdated third-party agreement, complete lack of marketing, absence of any substantial online sales platform, stagnant product designs, rock-bottom terms, and the 20 explosion of unlicensed sales across multiple locations, the City is failing to capture even a fraction of this opportunity. Conservative annual lost opportunity due to ineffective merchandising and licensing: $500,000 – $1 million (with potential for $750,000 – $2 million net annually under internalized operations on $1M+ sales, plus millions more once unlicensed sales are brought under control and the program is built and structured. When outsiders control licensing under terrible terms and the City allows widespread unauthorized sales, it captures a tiny fraction of the value its brand actually justifies — value built by local generations and now being handed away for almost nothing. 7. Corrective Path Existing unlicensed sales should not be treated as a reason to avoid correction. They should be treated as proof that real demand exists and that the City has waited too long to bring this category under proper control. Rather than leading with immediate enforcement, the City should offer a short structured transition period for businesses that currently sell unlicensed HB merchandise and want to begin selling authentic merchandise through legitimate channels, including wholesale pricing, collaboration opportunities, and access to stronger official product collections. This approach allows the City to reestablish control, capture appropriate value, and bring willing retailers into a better system moving forward. Immediate ● Establish clear centralized authority for merchandising and licensing strategy ● Conduct a full audit of the existing third-party structure, including royalty terms, lease economics, sales history, audit rights. ● Finalize current trademark and IP protection work and define stronger product and licensing standards ● Identify the full scope of unauthorized, unlicensed, or weakly controlled retail activity tied to Huntington Beach branding Mid-Term ● Renegotiate, restructure, or replace the current underperforming arrangement where legally and operationally appropriate ● Launch an official City-controlled or City-governed e-commerce platform and direct-to-consumer sales system ● Develop stronger product lines aligned with current surf, coastal, and lifestyle demand ● Implement active marketing, authentication, and retail partnership strategies ● Establish a practical enforcement pathway for unauthorized or uncompensated commercial use of City brand assets Long-Term 21 ● Build internal licensing, merchandising, and creative capability sufficient to manage the category professionally ● Implement royalty and partnership structures with meaningful accountability, audit rights, and performance standards ● Create measurable performance benchmarks tied to direct revenue, sales growth, distribution reach, and brand protection ● Reinvest a portion of new merchandising revenue into the communications, creative, and operational infrastructure required to sustain and protect the broader Huntington Beach brand Key U.S. Tourism Expenditure Data (Shopping/Souvenirs): ● Overseas Tourists (2024): 18% of total spending, amounting to about $325 per trip. ● North American Tourists (2024): 12.8% of total spending, about $152 per trip. ● General Travelers: 25% of travelers list purchasing souvenirs as a financial priority. ● Spending Amount: Vacationers often spend between $50 and $200+ on merchandise and gifts per trip. Context on Spending Habits: ● Top Categories: Shopping is consistently ranked behind accommodation (30-35%) and food/beverage (20-21%). ● Buyer Behavior: Roughly 65% of Americans bring back souvenirs, with 44% gifting to family and 39% for themselves. Progress Already Underway: Strengthening Trademark and IP Protections At the forefront of Huntington Beach's globally recognized coastal identity are its logos and core visual marks—the instantly recognizable symbols that represent the city in merchandise, events, partnerships, and media worldwide. For years, our main city logo has remained unprotected or inadequately registered, leaving it vulnerable to unauthorized use, dilution, and lost licensing opportunities. This long standing gap has allowed value to slip away quietly, even as the city's brand continues to carry significant cultural and economic weight. During the audit, we conducted a deep review of all of the city's trademarks and intellectual property. We found that the city's original iconic HB logo mark was not properly registered or protected. Staff explained that past attempts years ago were abandoned after being told registration might not be possible due to widespread use by others. The matter was left unresolved. We took a fresh approach: identified the specific lapses (expired filings, incomplete applications, missed opportunities), the original curation process, and worked directly with the city's legal and 22 IP team. We gathered documentation, addressed the issues, and successfully restarted the protection process. Steps are now actively in progress to secure stronger registrations for these core brand elements—helping prevent unauthorized use, reduce dilution, and enable better enforcement and monetization. This is a clear example of what focused effort can accomplish: uncovering long-standing gaps and closing them through internal collaboration—no major obstacles, just persistence. This early progress shows that many audit findings are fixable with similar diligence. Securing foundational IP like logos is a critical first step toward reclaiming control over the city's brand value and stopping leakage in licensing and merchandising. Building on this momentum will help shift from a reactive to a proactive approach, delivering lasting benefits for the community. Additional opportunities: Beyond just apparel: The City is overlooking an easy, low-overhead revenue channel inside facilities it already owns and operates. The Art Center, libraries, and other public-facing spaces should function not just as civic amenities, but as retail touchpoints for Huntington Beach’s brand and creative identity. A kiosk-based merchandising system would allow visitors to purchase City-branded goods, art prints, photography, and other curated products onsite and have them shipped directly to their homes. That approach dramatically reduces risk,storage, staffing, and operational friction while expanding what the City can monetize. Huntington Beach has no shortage of talented local artists and world-class surf and lifestyle photographers whose work could be featured through this system. Under a revenue-share model, the City would participate in each sale while artists retain the balance, creating a program that supports both municipal revenue and the local creative economy. With minimal setup and management costs, these kiosks could become a meaningful tourism revenue tool while reinforcing the culture and visual identity that make Huntington Beach valuable in the first place. 8. MISSED OPPORTUNITIES & REVENUE: FILM COMMISSION 1. Discovery 23 Huntington Beach stands out as one of Southern California’s most versatile and underutilized filming destinations. Its iconic pier, expansive beaches, modern Civic Center, Equestrian Center, and Sports Complex, Pacific City, and variety of community housing styles give production companies a rare mix of coastal beauty and diverse inland locations that few competitors can match. Beyond direct revenue, successful film and television production delivers powerful cultural relevance, high-value earned media, authentic third-party voice amplification, and increased off-season tourism that can extend visitor stays and spending throughout the year. 2. Current Structure Film permitting is currently managed through a basic, decentralized process with modest fees and limited dedicated support that producers are used to. The program lacks proactive marketing, a streamlined one-stop shop experience, and a professional location library. While basic beach and pier permitting exists, the City currently does not actively promote its full range of unique assets or position itself as a competitive filming destination near Los Angeles. 3. Financial Data (Indirect Impact) Direct permit and location fees represent the most tangible and reliable form of revenue from film activity. Currently, these direct returns remain modest. At the same time, the broader economic impact of film production is enormous and can reach hundreds of millions of dollars for cities that actively pursue it. Industry data shows the average location shoot day generates $50,000-$670,000 in local spending and supports hundreds of jobs, while major productions can exceed $1.3 million per day in direct local economic activity. These dollars flow into hotels, restaurants, transportation, retail, and local suppliers — especially valuable during off-season months — while also creating lasting cultural relevance, earned media exposure, and positive third-party amplification that drives future tourism and visitation. 4. Benchmark Comparison Several peer cities have built professional film commissions that generate both meaningful direct revenue and massive economic impact. San Francisco’s Film SF collected $127,000 in direct permit fees (This does not include staffing, or location use or any other fees) in FY 2024-25 while driving $17.5 million in estimated direct production spending. Fort Worth’s Film Commission has generated over $800 million in cumulative economic impact since 2016 through focused outreach. Nashville’s broader arts, culture, and creativity economy has been reported by Metro planning materials at approximately $13 billion annually, and a single major production — ‘9-1-1: Nashville’ — is expected to generate more than $50 million in local economic impact. Comparable coastal destinations like Long Beach, Los Angeles, and Miami Beach maintain dedicated offices with competitive fees, active marketing, and 24 streamlined processes that attract productions and deliver both direct fees and hundreds of millions in broader economic benefits. 5. Structural Gaps The current structure presents several opportunities for improvement that would help the City fully realize its potential: ● Absence of a dedicated Film Commission or centralized one-stop permitting office ● Limited relationships, marketing and outreach to productions and location scouts ● Under-promotion of the City’s diverse non-beach assets (Civic Center, Equestrian Center, Pacific City, Sports Complex, etc) ● Multi-department coordination that can slow response times (including the current requirement that applicants obtain a separate business license before even submitting a film permit application — a step that is not typical in peer cities and production process) ● No proactive strategy to highlight speed, efficiency, and location diversity that could undercut larger jurisdictions These gaps mean Huntington Beach is not yet fully capitalizing on productions that could deliver direct revenue, economic value and valuable earned media exposure. 6. Revenue Gap Huntington Beach has the locations and proximity to Los Angeles to compete effectively — particularly by offering faster permitting turnaround and greater location diversity than many parts of LA. Professional programs in comparable destinations routinely generate $125,000 to several million in annual direct revenue, while driving tens to hundreds of millions in broader economic impact (e.g., Fort Worth’s ~$800M cumulative since 2016, San Francisco’s $17.5M direct spending in one year). Currently, due to the absence of a dedicated Film Commission, limited marketing, outdated processes, and lack of streamlined permitting, the City is not capturing its full potential in either direct revenue or indirect benefits, or economic impact. Conservative annual lost opportunity due to under-developed film permitting: $100,000 – $1 million + in direct revenue (plus multi-million-dollar economic impact, earned media value, and off-season tourism lift once the program scales). 7. Corrective Path Immediate: ● Establish a centralized Film Commission with clear responsibility for permitting, marketing, and revenue strategy ● Conduct a full review of current fees, processes, and past production inquiries ● Develop streamlined one-stop permitting guidelines 25 Mid-Term: ● Launch a dedicated Film Commission with fast-track permitting designed to undercut Los Angeles on speed and ease (target 48-72 hour turnaround) ● Create a professional location library and comprehensive production resource book for producers, including local workforce talent, hotels, parking, and other production resources ● Update fees to competitive levels with improved tracking ● Initiate active outreach to location managers and production companies (leveraging current staff to grow the program with minimal additional stress until revenue supports dedicated staffing) Long-Term: ● Build professional in-house location management and creative partnership capabilities ● Establish a high-performance permitting framework focused on both direct revenue and earned media outcomes ● Set measurable goals tied to permit revenue, production days, and off-season tourism impact ● Direct new film revenue into communications, creative departments, and public asset maintenance Source Data ● City of Huntington Beach Film, Video and Still Photography Permit Fees (2024) ● Film SF Annual Impact Report FY 2024-25 ($127,000 permit fees, $17.5M direct spending) ● California Production Coalition: average location shoot adds $670,000/day and 1,500 jobs ● Fort Worth Film Commission economic impact reports (2016–2025 data showing nearly $800 million cumulative impact, recent annual ~$1B) ● Tennessee Entertainment Commission 2025 Economic Impact Report ($8.2 billion in entertainment production clusters for 2024, including film/TV) ● FilmLA & peer city reports (2024–2025) ● Film Santa Monica, Long Beach, Miami Beach, Fort Worth, and Nashville Film Commission data (public documents, 2025–2026) ● UNWTO and industry analyses on direct film revenue vs. earned media, tourism, and economic multipliers ● Internal City tracking of production activity (2023–2025) 9. MISMANAGED & UNDERUTILIZED ASSET: ART CENTER 1. Discovery Huntington Beach owns and operates a dedicated Art Center in a high-visibility location, supported by decades of community investment, public support, and taxpayer funding. On paper, it offers classes, camps, events, exhibitions, and artist programs that should contribute to the City’s creative life and welcoming coastal identity. In practice, however, the Center appears to remain relatively unknown not only regionally and nationally, but within Huntington Beach itself. Public awareness, foot traffic, participation, and overall utilization appear limited. Much of the programming feels more insular than open and inviting, and does not clearly reinforce Huntington Beach’s identity as a fun, welcoming, family-friendly coastal destination. 26 The issue is not that the Art Center lacks value opportunity. The issue is that much of that value is not fully reaching the community. There appears to be limited general awareness among residents about what is happening there, who it serves, and why it matters. Its programs, exhibitions, and activities do not appear to generate the level of participation, excitement, cultural relevance, or civic benefit that comparable city-run arts facilities often provide. As a result, an asset that should be helping elevate local artists, expand community engagement, and strengthen Huntington Beach’s creative identity is operating below its potential. The opportunity is not simply financial, but civic and cultural: to make the Art Center more visible, more welcoming, more connected to residents, and more valuable to the artists and audiences it should be serving. Many exhibitions also appear to receive little meaningful press attention or lasting public documentation. In many cases, once a show closes, there is little to no accessible visual archive, photo gallery, or digital record that allows residents, visitors, collectors, or supporters to see what was exhibited. That limits the public reach of the work, reduces long-tail exposure for participating artists, and reflects a broader weakness in the City’s PR, content capture, and cultural documentation efforts. A city-run gallery should not only host exhibitions well in the moment, but also preserve and extend their value through visibility, promotion, and accessible online archives for those who could not attend in person or wish to revisit the work after the exhibition has ended. In addition, many exhibitions appear to lack supporting print, merchandise, or take-home purchase opportunities tied to the show itself. That creates a missed opportunity both for participating artists, who lose additional exposure and sales potential, and for the City, which loses a practical and low-friction revenue capture channel connected directly to its own cultural programming. 2. Current Structure The Art Center seems to operate with little to no integrated revenue strategy beyond the offered community art classes. Programming focuses almost exclusively on small shows and regional artists. There is no gallery sales commission program, no on-site or online retail/merchandise operation, no market-rate facility rentals, and no formal sponsorship or branded partnership framework. Oversight is split between City departments and external nonprofit/Foundation support, with limited coordination or performance accountability tied to financial return or community impact and engagement. 3. Financial Data (Indirect Impact) The City fully subsidizes operations. FY 25-26 Revised Expenditures ● Admin (Personnel + Operating): $437,399 ● Classes (Personnel + Operating): $97,856 ● Total City Cost: $535,255 27 Revenues (Full-Year Projection Based on YTD) ● Class/Camp fees: ~$83,451–$107,708 (explicitly covers only instructor/program costs) ● Memberships: ~$2,725 ● Artist Council fees: ~$6,407 ● Rentals & Special Events: ~$5,240 ● Total Revenue: ~$97,823–$114,178 Net Annual Subsidy to the Art Center: $421,000 – $437,000 in taxpayer dollars. The revenue generated by activities at this City-owned facility rightfully belongs, at least in part, to the residents who built and maintain the brand and infrastructure — yet virtually none returns to the General Fund. 4. Benchmark Comparison Comparable coastal-city cultural facilities treat their centers as revenue-generating assets that actively elevate both the institution and local artists. Laguna Art Museum generated $3.27 million in total revenue in 2024 through gallery/exhibition sales and commissions. Long Beach Museum of Art Foundation reported $2.17 million in revenue in 2024. These and other peer institutions routinely feature nationally and internationally renowned artists alongside local talent, capturing 20–50% commissions while dramatically increasing the market value of regional artists through association and exposure. Huntington Beach does not participate in or compete with major regional events such as Newport Beach’s art festivals or Laguna Beach’s Festival of the Arts, missing out on shared tourism and cross-promotion that other cities actively leverage. 5. Structural Gaps The current model creates clear vulnerabilities: ● Heavy General Fund subsidy with no requirement for break-even or revenue-sharing ● Programming that feels exclusionary and insular, focusing almost exclusively on small shows and regional artists, rendering the Center incapable of curating exhibitions with nationally or internationally renowned artists ● Complete absence of gallery sales commissions, on-site city branded retail, or branded art merchandise ● Minimal facility rental income and no corporate/private event strategy ● No collaboration with hotels or other local partners to build community experiences around major festivals, and no participation in or alongside Newport or Laguna events ● Missed opportunities to elevate local artists’ value by placing their work beside major names — an approach proven to deliver immeasurable uplift in artist prestige, sales, and tourism draw 28 These gaps mean the City is subsidizing cultural programming while capturing almost none of the economic upside created by its own brand and location and the majority of the community never participates in the value it generates. 6. Revenue Gap With hundreds of thousands of annual visitors and a globally recognized coastal identity, the Art Center should at minimum break even and ideally generate net revenue. Comparable facilities routinely produce $200,000 – $600,000+ in direct annual revenue (and in stronger cases millions) through commissions, rentals, events, and retail. Instead, Huntington Beach is subsidizing the operation to the tune of $421,000 – $437,000 (this number not including maintenance or utilities cost) per year with virtually no return. This represents a clear structural failure to monetize a public asset tied to the City’s brand and to compete for the tourism and cultural value flowing to neighboring cities’ festivals. Conservative annual lost opportunity / subsidy reduction potential: $400,000 – $750,000 (through commissions, rentals, retail/merch, major-artist exhibitions, festival collaboration, and broader community outreach — turning the current subsidy into breakeven or positive contribution within 2–3 years). 7. Corrective Path The Art Center is a meaningful civic asset. The challenge is making sure its value is more visible, more accessible, and more fully delivered to the artists, residents and visitors it should be serving. That begins with increasing public awareness, improving the accessibility and visibility of programming, and more intentionally positioning the Center as a community-serving and regionally / nationally recognized cultural hub rather than a facility known only to a narrow audience. The goal should be to create a stronger bridge between the Art Center, local artists, residents, and tourists. With the right structure and attention, the Art Center can at least break even on its operating costs as well as become a more visible source of community pride, a stronger platform for Huntington Beach artists, and a more valuable cultural asset for the residents. Immediate: ● Establish centralized oversight with clear revenue targets, performance metrics, and community-engagement goals ● Conduct a full audit of operations, agreements, revenue opportunities, and current public awareness/perception ● Define brand standards for any future partnerships, programs or shows. Mid-Term: 29 ● Implement a professional gallery/exhibition commission program and actively curate shows featuring nationally/internationally renowned artists alongside local talent ● implement a consistent system for professionally photographing, cataloging, and archiving every exhibition, ensuring that each show remains accessible online as a lasting public resource and an ongoing source of visibility for participating artists. ● Launch on-site and online retail/merchandise tied to the Huntington Beach brand ● Introduce and promote market-rate facility rentals and corporate/private event packages ● Develop sponsorship and Artist Council revenue-sharing framework ● Audit & Performance overhaul of how the HBAC oversight currently functions ● Begin collaboration with hotels and participation alongside Newport and Laguna festivals to build joint community experiences ● Mentorship programs and classes between renowned artists and local artists. Long-Term: ● Build integrated creative and merchandising capacity (leveraging existing staff and internships) ● Establish performance metrics tied to direct revenue, subsidy reduction, artist elevation, tourism impact, and community utilization/awareness ● Direct all new Art Center revenue back into cultural programming and General Fund support so residents finally benefit from the asset they fund Sources - City of Huntington Beach – General Fund Art Center Accounts (FY 24/25 Actuals & FY 25-26 Revised/YTD, provided March 2026) - Laguna Art Museum – ProPublica Nonprofit Explorer (FY 2024 revenue $3.27M) - Long Beach Museum of Art Foundation – ProPublica / CauseIQ (FY 2024 revenue $2.17M) - Santa Monica FY 2025-27 Adopted Biennial Budget (Recreation & Arts Department context) - Industry benchmarks: Licensing International (LIMA) and American Alliance of Museums reports on gallery commission rates (20–50%) and cultural facility earned revenue models - Laguna Beach Pageant of the Masters and Newport Beach arts festival public attendance/economic reports (2024–2025) 10. UNDERVALUED: FOURTH OF JULY CELEBRATION 1. Discovery Huntington Beach has built one of the largest Independence Day celebrations in the country, consistently drawing 300,000–500,000 attendees and earning a regional television partner and coverage during the parade event. We’ve done an excellent job attracting that scale of crowd and showcasing our patriotic, family-friendly Surf City identity. What we haven’t done as well is capitalize on the opportunity this creates. The focus of this section is not to be a profit generator for the city, but to secure more funding that elevates the parade’s production quality and delivers a richer, more memorable experience for residents, families, and visitors, this in turn, will grow our earned media, and event prestige. 30 Right now the event lacks many of the high-impact elements that would make it truly special: elaborate floats, celebrity appearances, large helium balloons, live drone streaming of our fireworks show for those who can’t attend and larger community activation zones and other events that could bridge the morning parade and evening fireworks into a full-day celebration. While we draw the crowds, we currently lack a strong third-party voice, sustained social media presence, and meaningful post-event media coverage — clear evidence that we are missing the kind of engaging, memorable moments that people naturally want to share and talk about long after the day ends. National brands with patriotic, family-oriented values cannot replicate access to our unique audience size and demographic. With a professional sponsorship approach, we could partner with them to fund those missing pieces and turn the parade into something even more extraordinary for the entire community. 2. Current Structure The parade is organized primarily through a contract event production with limited City oversight. Sponsorship packages exist (tiers from $1,000 to $6,000+ for banners, bleachers, announcing, etc.), but there is no evidence of a dedicated sponsorship sales team, no professional outreach to large national brands, and no strategy for premium corporate partnerships or branded integrations. The City provides the prime route, public safety, infrastructure, and brand prestige, while the contractor manages production. There is no centralized city-led effort or sales team to maximize sponsorship revenue for better floats, helium balloons, staging, or other elements that enhance family appeal and overall quality. 3. Financial Data (Indirect Impact) Direct City revenue from the parade remains minimal, with the event relying almost entirely on private fundraising rather than taxpayer dollars. Revenue streams include sponsorships, parade entry fees (e.g., $1,200+ for business/group entries), VIP/bleacher tickets, general donations, and ancillary on-site sales—all managed through the professional contractor, PSQ Productions (hired under a multi-year Professional Services Contract approved by the City Council in 2024). The contractor reports an annual production budget need of approximately $500,000+, covering high-cost items like the fireworks display over the ocean (a major expense), parade logistics (barricades, sound systems, staging, insurance, permits), the Surf City 5K, marketing and earned media (including TV coverage on KABC), entertainment, safety, cleanup, and more. The City contributes in-kind support (police/fire/public works overtime, permits), but the bulk is privately raised. While PSQ Productions provides professional management to handle the event's massive scale the dollars—or lack thereof—highlight a clear shortfall in sales and sponsorship pursuit. 31 Despite all of the high-value promotional opportunities and a dedicated sponsorship contact/channel, insufficient or inconsistent sponsorship and donation revenue persists—suggesting a lack of proactive, high-effort sales outreach (e.g., targeted corporate pitches, leveraging attendee demographics for premium activations, or expanding beyond basic tiers). This leaves the city forcing compromises on production quality—such as smaller-scale fireworks, fewer high-impact entries, reduced media, or limited "wow factor" elements—which diminishes long-term event prestige, community excitement, and growth potential. The true return is indirect: earned media amplification, boosted family tourism, and reinforced brand value for Huntington Beach. However, with stronger, more aggressive sponsorship sales aligned to the event's unmatched assets, revenue could more reliably meet or exceed needs—unlocking higher production standards, greater sustainability under professional management, and even expanded programming without relying so heavily on donations or cutting corners. 4. Benchmark Comparison Comparable large-scale parades and events treat sponsorship as a professional revenue engine to fund premium production and visibility. ● Rose Parade (Pasadena) generates $1M–$5M+ in direct sponsorships to support elaborate floats and broadcast quality. ● Regional events like the Surf City Marathon (Huntington Beach, ~18,000–22,000 participants) secure a title sponsor that brings in over $200,000 alone, funding a beautiful, high-quality event despite much smaller attendance. ● Brands like Carnival Cruiseline regularly commit $100,000+ just to sponsor the fireworks portion of San Diego's Big Bay Boom 4th of July celebration. These examples show that even smaller-scale events monetize sponsorships effectively through professional sales. Huntington Beach’s parade — with 15–25x the crowd and televised exposure — severely under-prices and under-sells its opportunity. 5. Structural Gaps The current model creates clear vulnerabilities: ● No dedicated sponsorship sales team or professional outreach to large national brands, resulting in low pricing and limited premium partnerships ● Sponsorship tiers capped at $6,000 despite massive attendance and TV coverage — far below market rates for comparable visibility ● Insufficient revenue to fund high-quality production (e.g., elaborate floats, helium balloons, professional staging), lowering appeal and reducing overall impact ● Missed opportunities for premium branding, corporate integrations, or merchandise tie-ins that could amplify earned media and third-party voice 32 ● No formal collaboration with hotels, tourism partners, or national brands to package experiences around the event ● Limited City oversight or strategy to maximize sponsorship revenue while keeping the parade free and community-focused These gaps mean the parade under-delivers on production quality and brand amplification despite its massive scale. Missed Merchandising Opportunity – Americas 250 Huntington Beach’s three-day Fourth of July celebration creates a massive short-term captive audience — especially with America’s 250th birthday in 2026 driving huge demand for patriotic souvenirs and commemorative items. A third-party deal with a local surf shop currently gives them 70% of official parade merchandise sales, leaving only 30% for parade organizers. There is no valid reason to hand the majority of this one-weekend windfall to an outside entity when the crowd, the event, and the historic milestone belong to Huntington Beach residents and taxpayers. A city-controlled merchandising program — on-site booths, pre-sale, limited-edition 250th anniversary t-shirts, hats, flags, beach towels, and collectibles — could realistically generate $250,000 or more in revenue over the three-day weekend (conservative estimate based on high-attendance holiday event benchmarks and the expected semiquincentennial surge). Missed Opportunity: America 250 Exhibition at the Huntington Beach Art Center With America’s 250th birthday this year, Huntington Beach has a prime chance to host a highly curated “Americana” gallery exhibition at the Art Center — featuring patriotic themes, historical reinterpretations, Veteran artists and works from both established and emerging artists that celebrate our nation’s journey. This show timed to coincide with the Fourth of July weekend could draw significant regional and national tourism and media. This would create a major cultural draw, generate earned media, boost third-party voice, and position the HBAC as a meaningful tourism destination in the city. It could also produce direct revenue through commissions on featured works, and limited-edition prints/merchandise — all while elevating the facility’s national recognition and giving local artists exposure alongside bigger names. Instead, the opportunity remains untapped, leaving the HBAC disconnected from one of the most significant cultural moments of the century and missing both tourism and prestige gains that neighboring cities would aggressively pursue. 6. Revenue Gap 33 Our Independence day celebration attracts 300,000–500,000 attendees and significant TV coverage, yet sponsorship revenue remains low due to under-pricing and lack of professional sales. Comparable events (e.g., Surf City Marathon with ~22,000 participants securing >$200K from a single title sponsor) demonstrate that a dedicated sales approach can generate substantial funding for quality. Huntington Beach struggles to cover enhanced production costs, limiting floats, helium, and other family-friendly elements. Conservative annual lost sponsorship opportunity: $200,000 – $1,000,000 (through higher-tier pricing, national brand partnerships, and premium integrations — enough to dramatically improve parade quality, increase earned media value, and strengthen community pride without charging admission). 7. Corrective Path Immediate: ● Establish more integrated City oversight for creative,event functions and sponsorship strategy with clear revenue and production-quality targets ● Conduct a full review of current sponsorship agreements, pricing, and production costs ● Define unified premium sponsorship guidelines tied to the Huntington Beach brand Mid-Term: ● Launch a professional sponsorship sales effort (dedicated team or contractor) targeting national brands for higher-tier packages (leveraging televised exposure and crowd size) ● Introduce premium branding opportunities (e.g., title sponsorships, branded floats, helium integrations) to fund production upgrades ● Strengthen coordination with hotels and tourism partners for packaged family experiences ● Develop proactive media outreach to boost national coverage and third-party amplification Long-Term: ● Expend Event & Celebrity Activations ● Build professional sponsorship capacity (leveraging existing staff and internships) ● Establish performance metrics tied to sponsorship revenue, production quality, earned media value, and tourism lift ● Direct all new sponsorship revenue back into parade production, public safety, and community programs so residents benefit from a higher-quality event Sources ● City-provided parade sponsorship and cost estimates (internal documents, 2024–2025) ● Public attendance estimates and economic impact reports for Huntington Beach 4th of July Parade (local media and tourism authority data, 2023–2025) ● Surf City Marathon attendance and sponsorship reports (Running USA, local news, 2025–2026: ~18,000–22,000 participants; title sponsor >$200K) ● Macy’s Thanksgiving Day Parade sponsorship revenue benchmarks (Licensing International and event industry reports) 34 ● Rose Parade and regional 4th of July event financial summaries (Pasadena Tournament of Roses, coastal city festival reports) ● Laguna Beach, Newport Beach, Long Beach 4th of July event public budgets and sponsorship data (2024–2025) 11. Overburdened & Reactive In many areas, Huntington Beach operates in a reactive mode rather than a proactive one, in part, because our creative staff is severely overburdened. Creative teams across departments are stretched thin or don’t exist, responding to immediate demands instead of actively identifying and pursuing high-value opportunities. Without dedicated creative leadership, brand infrastructure, and modern systems to coordinate efforts, the City lacks the capacity to bridge departments, meaningfully collaborate with key stakeholders across the city, or drive strategic initiatives that turn our Surf City identity into real economic and community value. All the issues we’ve examined — merchandising, film permitting, the Art Center, the Fourth of July parade, and others — may seem separate, but they are deeply symbiotic. Together they form a powerful ecosystem: better brand management fuels stronger tourism, stronger events drive higher merchandising and sponsorship revenue, improved cultural assets elevate third-party voice and earned media, and proactive collaboration across these areas creates richer community experiences while generating sustainable returns. Growth doesn’t happen through reactive fixes — it comes from intentional communication, coordination, and creative direction focused on harnessing these interconnected opportunities. We’ve barely scratched the surface of identifying opportunities with just a few short weeks of research. The potential we’ve uncovered so far is only the beginning — there are likely dozens more levers waiting to be pulled. These opportunities aren’t just about revenue; they can generate funding to help ease the burden on our overburdened staff, allowing them to shift from constant firefighting to strategic, proactive work that benefits the entire community. Our brand is one of the City’s most valuable and overlooked assets: globally recognized, built over generations by residents, and capable of delivering millions in revenue and enhanced quality of life if managed proactively. Until we address staff overburdening, invest in creative leadership, and build the infrastructure and systems needed to operate strategically, we will continue missing significant revenue, tourism lift, and community value. Our brand deserves proactive care — not just reactive maintenance. 12. MISSED OPPORTUNITIES - CIVIC PATHWAYS 35 During our research we noticed a lack of internship programs throughout many areas of the city. A developed program can ease burden on city staff and provide youth with meaningful opportunities to help shape their futures. From Volunteering to Viable Futures — Building Local Talent That Stays Huntington Beach is rich in talent, pride, and civic culture — but we are losing our youth to other cities. Not because they don’t love this place, but because we haven’t given them a clear, visible path to build a future here. We already run some of the best youth programs in the country: the world-class Junior Lifeguard program builds discipline, leadership, and physical excellence; the Police Explorers program delivers real exposure to public safety and civic responsibility. These prove Huntington Beach knows how to create elite, structured opportunities for young people. The problem is scope: these programs are exceptional but narrow — focused on specific careers and not available to every student. Broader volunteer opportunities across departments are valuable, but they are mostly adult-oriented, short-term, service-based, and not tied to skill-building, certifications, or employment pipelines. They answer “How can I help?” — not “What can I become here?” The Gap Huntington Beach currently lacks: ● A city-wide youth career pipeline ● Internships embedded in departments ● Clear pathways from high school → training → local employment or industry careers As a result: ● Our most capable students leave for cities with better opportunities ● Trades, creative fields, and technical roles struggle to recruit locally ● Civic careers remain invisible to the next generation The Solution: Civic Pathways Initiative A structured, city-wide internship and apprenticeship system for high-school students — paid and non-paid — spanning every department and industry: libraries, parks, media, design, public works, skilled trades, administration, and more. This complements (does not replace) existing volunteer, Junior Lifeguard, and Police Explorers programs — it’s the natural evolution. Program Structure ● Tier 1: Civic Exploration (Ages 15–16) — Short rotations (6–8 weeks) for discovery and exposure 36 ● Tier 2: Civic Internships (Ages 16–18) — Non-paid, semester/summer programs/roles with real deliverables and skill-building ● Tier 3: Civic Apprenticeships (18+) — Direct workforce tracks with unions, contractors, and priority city hiring Department-Specific Pathways (Examples) ● Library & Cultural Services → Digital archiving, event programming, community storytelling ● Parks, Recreation & Beaches → Environmental stewardship, facilities operations ● Media, Film & Communications → Video production, social media, event documentation (major strategic advantage for in-house capacity) ● Design & Creative Services → Graphic design, branding support ● Public Works & Skilled Trades → Electrical/plumbing/HVAC shadowing, safety certifications, union pipelines ● City Administration → Policy research, budgeting, operations Integration ● Partner with HB Union High School District for Career Technical Education alignment, work-study credit, and merit-based applications ● Each participant gets a mentor, clear goals, evaluations, work samples, certifications, and recommendation letters Funding & Sustainability Low-risk model: ● Workforce development grants ● Business/union partnerships ● Long-term savings from reduced outsourcing, faster recruitment, and local talent retention Why This Matters This initiative: ● Keeps talent local and builds generational ownership ● Strengthens the workforce across departments ● Creates debt-free career paths in high-demand fields ● Turns youth engagement into long-term civic and economic value The city already knows how to run elite youth programs — They’ve proven it on our beaches and in public safety. Now it’s time to bring that same excellence to libraries, trades, media, design, and civic leadership. When young people can see a real future here, they’ll stop looking elsewhere. 37 Other cities recruit talent. Huntington Beach can grow it — and keep it. MOVING FORWARD What comes next is an opportunity to fix broken systems and rebuild the city’s revenue engines. The opportunities outlined in this report represent only the initial layer of what may be possible. After only a few weeks of research, this research has already identified several areas where improved coordination, modernized agreements, and stronger infrastructure could generate millions in additional value while improving the experience of residents, visitors, and businesses alike. There are likely many more opportunities still waiting to be uncovered. With the right systems in place — and with the collaboration of City leadership, staff, community stakeholders, and industry partners — Huntington Beach has the potential not only to protect its identity, but to turn that identity into a powerful engine for sustainable economic growth, cultural relevance, and community pride. The goal moving forward is not simply to identify problems, but to help build the infrastructure, partnerships, and institutional knowledge that allow the city to operate independently, confidently, and strategically in managing the Surf City brand. Report Basis and Limitations This report reflects the good-faith analysis, observations, and opinions of Wolffhaus based on the information available at the time of review, including public records, materials provided, interviews, and direct observations. Any evaluative statements, findings, or conclusions are presented as professional opinions based on that information and are not intended as allegations of unlawful conduct. This report is intended to support operational, policy, and strategic review, and its conclusions may change if additional information becomes available. 38 Page 1 of 17 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND WOLFFHAUS. FOR BRAND, MEDIA, PRESS AND DIGITAL ECOSYSTEM COMPREHENSIVE AUDIT, MARKETING AND ASSESSMENT SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,” and WOLFFHAUS, hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a CONSULTANT to provide, in part, brand, media, press and digital ecosystem comprehensive audit, marketing and assessment services; and In addition to comprehensive skill set and unique familiarity of City services, CONSULTANT has been selected pursuant to Huntington Beach Municipal Code, Chapter 3.03.100 relating to budget procurement of professional service contracts. NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A," which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Tyler Wolff who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. Page 2 of 17 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence on ____________________, 20____ (the "Commencement Date"). All tasks specified in Exhibit "A" shall be completed as provided in the schedule identified in Exhibit A. The schedule for performance of the tasks identified in Exhibit "A" are milestones for payment purposes. This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. The City agrees to cooperate in good faith and provide reasonable access to personnel, information, records, facilities, in the City’s control and/or possession and decisions necessary for the CONSULTANT to perform the services contemplated under this Agreement. The CONSULTANT’S performance and project timelines are dependent upon the timely cooperation of the City and its departments. If the City fails to provide requested information, approvals, access, or cooperation within a reasonable time (Delays), any resulting delay by CONSULTANT shall automatically extend the applicable project schedules, milestones, and deliverable dates by a period equal to the delay. Any delay reasonably caused, in whole or in part, by the City shall be documented in writing by CONSULTANT and provided to the City Manager within five (5) business days after such delay becomes reasonably identifiable. Any determination of City-caused delay shall be based on objective facts and supporting records, If the City caused or contributed to the delay, applicable project schedules, milestones, and deliverable dates shall be extended by the period reasonably impacted. If the City materially interferes with, delays, blocks, or refuses access necessary for performance, and does not cure after notice, Consultant may suspend services and/or terminate, with payment due for work performed plus termination fee as described in Section 4. Page 3 of 17 4. COMPENSATION In consideration of the Services to be performed under this Agreement and Exhibit A, City shall pay Consultant a fixed monthly retainer in the amount of Thirty Thousand Dollars ($30,000.00) payable in twenty-four (24) monthly installments. In no event shall the total compensation paid to Consultant exceed Seven Hundred Twenty Thousand Dollars ($720,000.00.). The first payment will be due 5 days after City’s receipt of the initial Monthly Progress Deliverable, and following payments will be due the first Friday of every month thereafter. Consultant shall submit, on or before the 21st of each month, (i) an invoice for the applicable billing period, and (ii) a Monthly Progress Deliverable, and City shall pay the applicable monthly installment on the first Friday of every month thereafter. “Monthly Progress Deliverable” means a monthly submission evidencing substantive advancement of the Scope of Services, which may include progress summaries, strategic plans, recommendations, draft or final materials, implementation updates, milestone tracking, issue logs, requested City actions or approvals, and other documentation showing material progress across the contracted programs. The parties acknowledge that the Services under this Agreement consist of an ongoing professional engagement across multiple concurrent initiatives, including strategy, development, implementation, coordination, system design, operational buildout, creative direction, program development, oversight, and milestone advancement. Accordingly, monthly payment shall not require the completion of a final end-product or fully completed milestone in any individual month, provided that Consultant has materially advanced the Services and submitted the required invoice and Monthly Progress Deliverable. Page 4 of 17 City review of each Monthly Progress Deliverable shall be limited to confirming that Consultant has materially performed and advanced the contracted Services during the applicable billing period. City may not withhold payment based on subjective preference, discretionary dissatisfaction, or the absence of a fully completed long-term milestone where measurable progress has been made within the Scope of Services. Unless City provides written notice within five (5) business days after receipt of the invoice and Monthly Progress Deliverable identifying with reasonable specificity a material deficiency in Consultant’s performance for the applicable billing period, the Monthly Progress Deliverable shall be deemed accepted for payment purposes, and receipt of such invoice and Monthly Progress Deliverable shall automatically trigger payment of the applicable monthly installment on the first Friday of the immediately following month. Any objection to a Monthly Progress Deliverable must be made in writing and must describe with reasonable specificity the alleged deficiency. City may withhold only the specific portion of payment reasonably related to a properly noticed and substantiated deficiency, and City shall timely pay all undisputed amounts when due. All City-specific deliverables produced under this agreement shall become the property of the City upon payment for services rendered. Certain initiatives, programs, or operational improvements recommended or developed by the CONSULTANT under this agreement may require additional funding, budget allocations, or expenditures by the City in order to implement at the City’s sole discretion. The Consultant can achieve milestones without major city financial expenditure. In addition, the performance of services under this agreement may require reasonable project-related expenses, including but not limited to specialty travel, production costs, materials, Page 5 of 17 third-party services, or other costs necessary to support the execution of approved initiatives. The CONSULTANT shall not incur any of these expenses on behalf of the City without prior written authorization from the City Manager. Any approved project-related expenses shall be reimbursed by the City if pre-approved by the City Manager. If implementation of a program requires City funding approval, procurement processes, or third-party contracting, the associated project timelines and deliverable schedules shall be adjusted to reflect the City’s approval and funding process. Any additional funding, other than set forth in Compensation section, shall be subject to approval by the City Manager. 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms set forth herein and Exhibit "B." 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY Page 6 of 17 upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT agrees to defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all third-party claims, damages, losses, expenses, demands and defense costs, including costs and attorney’s fees, but only to the extent arising out of the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, agents, employees, or approved subcontractors in the performance of this Agreement. CONSULTANT shall have no obligation under this Section to the extent any such claim arises from the negligence, willful misconduct, directions, approvals, content, or independent acts or omissions of CITY or third parties not under CONSULTANT’S direction or control. CONSULTANT’S obligations under this Section shall be limited to matters within the scope of services under this Agreement and shall not extend to final governmental decisions, legal compliance determinations reserved to CITY, procurement decisions, budget approvals, permitting decisions, or operational acts undertaken exclusively by CITY. LIMITATION OF LIABILITY. Notwithstanding any other provision of this Agreement, the total cumulative liability of CONSULTANT to CITY arising out of or relating to this Agreement, whether in contract, tort, or otherwise, shall not exceed the lesser of: (i) the total compensation actually paid by CITY to CONSULTANT under this Agreement; or (ii) the proceeds actually available under any insurance required to be maintained by CONSULTANT under this Agreement. This limitation shall not apply to damages arising from CONSULTANT’S fraud or willful misconduct, or to the extent such limitation is prohibited by applicable law. Page 7 of 17 CONSULTANT shall have no claim against the City for third-party claims, damages, losses, expenses, demands and defense costs, including costs and attorney’s fees, in law or equity, regarding any challenge to this Agreement such as the contracting process, directions, approvals, content, or independent acts or omissions of CITY or third parties not under CONSULTANT’S direction or control 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT’s professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above-mentioned insurance shall not contain a self-insured retention without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. Page 8 of 17 If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY’s election, to forthwith terminate this Agreement. Such termination shall not affect CONSULTANT’s right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days’ prior written notice; however, ten (10) days’ prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a Page 9 of 17 copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. The City may terminate this agreement for cause in the event the CONSULTANT materially breaches the terms of this agreement including but not limited to failure to complete milestones as set forth in Exhibit A. and fails to cure such breach within sixty (60) days following written notice describing the nature of the breach. In the event of termination for cause, the CONSULTANT shall be compensated only for services properly performed through the effective date of termination and for any completed deliverables accepted by the City Page 10 of 17 The services contemplated under this agreement involve the development and transfer of strategic frameworks, operational systems, institutional knowledge, industry relationships, and program structures that become embedded within City operations. The City maintains discretion on which programs to implement which will not affect the CONSULTANT’s milestone deliverables. Once these elements are transferred, they cannot be practically removed or reversed. If the City elects to terminate this agreement prior to completion of the contracted scope of work for reasons other than termination for cause, the City shall compensate the CONSULTANT for: all services performed through the effective date of termination; completed deliverables not yet invoiced; A termination payment equal to fifty percent (50%) of the remaining unpaid contract balance. The termination payment reflects the remaining value of the engagement that cannot be recovered or withdrawn once the work has begun. The CONSULTANT may terminate this agreement upon thirty (30) days written notice to the City if any of the following conditions occur: the City fails to make payment for services rendered within thirty (30) days after written notice of non-payment ; the City materially breaches the terms of this agreement and fails to cure such breach within thirty (30) days after written notice. The City prevents, obstructs, or materially interferes with the CONSULTANT’s ability to perform the agreed scope of services. the City materially breaches the terms of this agreement and fails to cure such breach within thirty (30) days after written notice. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the Page 11 of 17 prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach ATTN: City Manager 2000 Main Street Huntington Beach, CA 92648 Wolffhaus ATTN: Tyler Wolff 1309 Coffeen Avenue, Suite 1200 Sheridan, WY 82801 Page 12 of 17 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision Page 13 of 17 contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplic ate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY’S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall Page 14 of 17 bear its own attorney’s fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the nonprevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. 28. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supersede all prior Page 15 of 17 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Council. This Agreement shall expire when terminated as provided herein. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, WOLFFHAUS By:_________________________________ ____________________________________ print name ITS: (circle one) Chairman/President/Vice President AND By:_________________________________ ____________________________________ print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary – Treasurer CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California _______________________________________ ___________________________Director/Chief (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: _____________________________________ City Attorney Date ________________________________ RECEIVE AND FILE: _____________________________________ City Clerk Date ________________________________ EXHIBIT A EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) SEE ATTACHED EXHIBIT A B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: SEE ATTACHED EXHIBIT A C. CITY'S DUTIES AND RESPONSIBILITIES: D. WORK PROGRAM/PROJECT SCHEDULE: EXHIBIT "B" Payment Schedule (Fixed Fee Payment) 1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth in Section 4 of the Contract. 2. CONSULTANT shall submit to CITY an invoice as follows: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. 3. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hour ly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement.