Cities Index.
City Comparisons and Resolutions

Orange City Council
March 12, 2024

Document
City Comparisons and Resolutions
Meeting
March 12, 2024
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Orange City Council
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5
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Text extracted from the city's file for reading and search. Open the original on cityoforange.legistar1.com. That file is the official record.

City Number of
Permits
Code Citation and Resolution (If Applicable) Municipal Code Citation Link Anaheim 16 Section 6.40.035 (B) https://codelibrary.amlegal.com/codes/anaheim/latest/anaheim_ca/0-0-0-57419 Buena Park 30 Section 16.08.020 and Resolution No. 12389 https://ecode360.com/42924742* Costa Mesa 40 Section 9-181 and Resolution No. 04-30 https://ecode360.com/42612657 Fullerton 15 Section 7.26.010 and Resolution No. 2022-018 https://codelibrary.amlegal.com/codes/fullerton/latest/fullerton_ca/0-0-0-27455 Garden Grove 30 Section 5.28.050 https://ecode360.com/42525166 Huntington
Beach
15 Section 5.90.070 and Resolution No. 2015-04 https://ecode360.com/43795500?highlight=safe%20and%20sane&searchId=1 7541448965764467
Los Alamitos 2 Sections 5.60.020 and 5.60.030 https://ecode360.com/42852804?highlight=safe%20and%20sane&searchId=1 7542802739873069
Santa Ana 85 Sections 14-56 and 14-57 https://library.municode.com/ca/santa_ana/codes/code_of_ordinances?nodeId =PTIITHCO_CH14FIPRPREMSE_ARTIIFIRE_S14-56PEIS
Stanton 8 Section 17.04.050 https://ecode360.com/43153763 Villa Park 3 Section 11-2.5 https://library.municode.com/ca/villa_park/codes/code_of_ordinances?nodeId= CHXIFIPR_ART11-2SASAFI_S11-2.5GERESASAFIPE
Westminster 15 Section 9.66.060 https://library.qcode.us/lib/westminster_ca/pub/municipal_code/item/title_9- chapter_9_66-9_66_060
Average 24
*Through attrition, the city will lessen to 25 permits per year.

RESOLUTION NO. 12389

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BUENA PARK

ESTABLISHING A MAXIMUM NUMBER OF TEMPORARY FIREWORKS

STANDS AND PERMITS THAT MAY BE APPROVED PURSUANT TO
CHAPTER 16. 08 OF THE BUENA PARK CITY CODE.

The City Council of the City of Buena Park finds and resolves as foilows:

Section 1. In accordance with Subsection M of Section 16. 08.090 of Chapter 16. 08 of the Buena Park City Code, the City Council hereby establishes the maximum number of temporary stands for the display and sale of fireworks, including permits therefor, allowed in any calendar year to be thirty (30).

Section 2. Except as otherwise provided herein, only organizations issued a permit in the previous year, that continue to satisfy the permits requirements of Chapter 16. 08 of the Buena Park City Code based on a timely submitted application, shall be authorized to receive one of the thirty (30) permits in the current year. If, during the current year, less than thirty (30) permittees from the previous year apply, or remain qualified to receive a permit, then remaining permit(s) shall be issued to otherwise qualified organization(s) by drawn lot. Only one ( 1) permit shall be issued to any qualified applicant, unless the city council by minute action, authorizes the issuance of any remaining permits among qualified applicants by drawn lot.

Section 3. Permits for temporary stands for the display and sale of fireworks shall be issued in accordance with the provisions of Chapter 16. 08 of the Buena Park City Code, for so long as the display and sale of fireworks is permitted within the City of Buena Park.

Section 4. The City Clerk shall certify to the adoption of this Resolution PASSED AND ADOPTED this 25~h day of May 2010, by the following called vote:

AYES: COUNCILMEMBERS: Marshall, Smith, McCay, Brown
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Dow
ABSTAINED: COUNCILMEMBERS: None
Mayor
ATTEST:
i~~2`'~'ce, ~~~'~'"_
City Clerk

RESOLUTION NO. 04- 30

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

COSTA MESA, CALIFORNIA, ADOPTING A COUNCIL
POLICY REGULATING FIREWORKS SALES.

THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY
RESOLVE AS FOLLOWS:

WHEREAS, the Costa Mesa Municipal Code contains certain regulations in Sections 9 - 179 through 9 - 190 governing the issuance of permits for sale of safe and sane fireworks and their discharge; and
WHEREAS, the code also contains provisionsto provide that the City Council may adopt further regulations by resolution; and
WHEREAS, the Council desires to enact such additional regulations; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Costa Mesa hereby adopts the attached Council Policy No. 400- 2.

PASSED AND ADOPTED this 3rdday of May, 2004.

ATTEST:

Deputy ity Clerk of the City of Costa —MesaMesa Mayor of th City of Costa Mesa

APPROVED AS TO FORM
1 City Attorney

STATE OF CALIFORNIA)
COUNTY OF ORANGE ) ss

CITY OF COSTA MESA )
I, JULIEFOLCIK, DeputyCityClerkandex -officioClerkof theCityCouncilofthe City of Costa Mesa, hereby certify that the above and foregoing Resolution No. 04- 30 was duly and regularlypassedand adoptedby the saidCityCouncilat a regularmeetingthereofheldonthe3`ddayof May, 2004, bythefollowingrollcall vote:

AYES: Monahan, Steel, Scheafer
NOES: Mansoor, Cowan
ABSENT: None
IN WITNESSWHEREOF, I have hereuntoset my hand and affixedthe seal of the City of Costa Mesa this 4thday of May, 2004.

DepLify City Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
2 CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT POLICY EFFECTIVE PAGE

NUMBER DATE
REGULATIONS GOVERNING FIREWORKS 400- 2 5/ 3/ 04 1 of 2

BACKGROUND
The Costa Mesa Municipal Code contains regulations governing the issuance of fireworks permits and the discharge of fireworks. These regulations are found in sections 9 - 179 through 9 -190. The City Council is authorized to enact further measures governing fireworks.

PURPOSE
The City Council wishes to adopt additional regulations governing the sale and discharge of fireworks in order to increase the protection and well- being of our citizens. The Council intends to tighten the safety regulations while still allowing our residents the limited use of fireworks.

POLICY
The City Council of Costa Mesa believes that the City residents can safely utilize fireworks to celebrate their patriotism when done according to reasonable safety regulations. Various youth oriented organizations should be permitted to sell fireworks to raise funds for support of valuable youth activities that contribute to the general strength, health and enjoyment of our residents. These goals can be obtained by limiting the number of fireworks stands and strictly prohibiting the sale of all dangerous fireworks.

REGULATIONS

1. The sale of "spinners" and similar fireworks and the sale of any fireworks that are intended to be "hand held" are prohibited. This prohibition shall be effective immediately for the sale of these devices individually or in homogeneous packages, and their sale within group packages containing an assortment of various fireworks devices shall be prohibited beginning in year 2006. The Fire Chief shall prepare ( and update as needed) a list of the common names of the various fireworks devices that are " hand held" and " spinners." This list will be made available to fireworks manufacturers, distributors and other interested persons.

2. No fireworks sale permit shall be issued to any organization that did not have a permit for year 2003.

3. No more than 4 permits each year may be issued to organizations based at a single school located within the City or where Costa Mesa residents constitute 50% or more of the students at a school located within 1 mile of the City boundary. 4/ 29/ 04

CITY OF COSTA MESA, CALIFORNIA

COUNCIL POLICY

SUBJECT POLICY EFFECTIVE PAGE

NUMBER DATE
REGULATIONS GOVERNING FIREWORKS 400- 2 5/ 3/ 04 2 of 2

4. The total number of permits for fireworks sale stands each year shall not exceed 40. The Finance Department will use a lottery system to allocate the permits if more than 40 qualified applicants file for permits in any year.

5. No permits shall be issued for any year unless the fireworks industry satisfies two requirements. First, it must prepare and distribute flyers in both English and Spanish explaining fireworks safety and water quality protection to all Costa Mesa schools for their students prior to June 15t . Before distribution, a sample of the flyer shall be submitted to the City Fire Chief for his comments. A sufficient number of these flyers must also be provided to the operators of the fireworks stands for distribution to all buyers. Second, the fireworks industry must provide to the Fire Department a sufficient number of signs for posting in City parks advising the public about the City's fireworks regulations. The City Fire Chief will provide the desired wording and design for the signs. 4/ 29/ 04
RESOLUTION NO. 2022- 018

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

FULLERTON, CALIFORNIA, ADOPTING RULES AND REGULATIONS
FOR THE RETAIL SALE, POSSESSION AND DISCHARGE OF " SAFE AND SANE" FIREWORKS PURSUANT TO FULLERTON MUNICIPAL
CODE SECTION 7. 26. 010
City of Fullerton voters approved Ordinance No. 3183 allowing for the use, possession and discharge of " safe and sane" fireworks for private display within the City at the November 6, 2012 General Municipal Election.

Ordinance No. 3183 repealed and replaced the then -existing Fullerton Municipal Code.

Title 7 (Public Safety and Morals), Chapter 7. 26 ( Fireworks Prohibited).

Fullerton Municipal Code Section 7.26. 010, as established by Ordinance No. 3183, provides that the City shall permit the sale, possession and discharge of " safe and sane" fireworks for private display within the City, in accordance with rules and regulations adopted by ordinance or resolution of the City Council, relating to the following: who may sell fireworks, the limited dates and times for the sale and discharge of such fireworks, the manner, location and any required permits for the sale, storage, possession, discharge and/ or disposal of such fireworks etc.

City Council desires to adopt this Resolution to update the rules and regulations for the retail sale, possession and discharge of "safe and sane" fireworks pursuant to Fullerton Municipal Code Section 7.26. 010, as established by Ordinance No. 3183.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:

Permits to sell fireworks. No person, firm or corporation shall sell at retail or offer for retail sale any fireworks within the city without first obtaining a permit from the City. Each year, the City will issue a maximum of fifteen permits to qualifying applicants as set forth in this resolution. The City shall select qualifying applicants to receive permits via lottery.

2. Qualifying applicants.

A. To qualify to receive a permit, an applicant must meet the requirements of one of the following categories:
1) Organizations. A tax- exempt charity, nonprofit or other organization pursuant to the Internal Revenue Code or the California Revenue and Taxation Code or the local chapter of any such group that:
a. is established at least one year prior to the filing of the application Resolution No. 2022- 018

Page 2 ends

b. is formed primarily for veteran, patriotic, welfare, civic or business betterment, religious, athletic, youth or charitable purposes specifically to benefit the citizens of the City
C. Has its principal and permanent meeting place, office or service facility in the City and has operated at that location for at least one year
d. Provides benefits and/or services to the citizens of the City as its primary operation.
or
2) Schools. A school, as recognized by the State of California, including elementary, junior high, high school, colleges and universities located within the boundaries of the City or any student group, club, booster group or organization formed to support any program, even if operating under a separate tax identification number, of such a school and officially recognized by the school.

B. A qualifying organization or school may only submit one application for a fireworks sale permit. The City shall treat an application from a student group, club, booster group or other school organization as an application from the school to which it belongs. A letter from the head of the institution ( principal, dean, etc.) recognizing the group as the school' s designated applicant must accompany the lottery application.

C. An applicant must meet all application requirements to qualify for fireworks lottery eligibility.

3. Lottery application requirements. The City Clerk's Office will make application forms available throughout the month of March. Each applicant shall file a completed lottery application with the City Clerk's Office by the last business day in March, at which time the application period for that year will close. An application must comply with all instructions on the application form. Lottery application requirements may include, but are not limited to, submittal of proof of qualifying applicant status, a list of names and addresses of organization officers and a letter from a school designating a representative school group as the school' s applicant, when applicable. Applicants must submit a nonrefundable application fee in an amount set by resolution with a completed application. The City may ask applicants for additional documentation verifying the information submitted in an application. If an applicant does not provide such documentation, the City will deem the application incomplete and ineligible for the lottery.

4. Lottery. After the close of the application period, the City will hold a lottery to randomly select permit recipients from all qualified applicants who submitted Resolution No. 2022- 018

Page 3 ends

complete applications and the application fee by the application deadline.

Youth Sports Partner League Lottery. The City will randomly select five applications from all qualified youth sports partner league ( as identified by the City of Fullerton Parks and Recreation Department) organization applications to advance to the permit phase and then draw five youth sports partner league applications as youth sports partner league sales permit alternates. In the event that any of the five youth sports partner league applicants selected to advance to the permit phase fails to obtain a sales permit by the sales permit application deadline, the City will give the alternate youth sports partner league applicants, in order drawn, the opportunity to apply for a youth sports partner league fireworks sales permit.

All Other Organizations Lottery. The City will randomly select ten applications from the applications of all qualified organizations other than the youth sports partner league organizations to advance the permit phase and then draw five additional non -youth sports partner league applications as the non -youth sports partner league organizations sales permit alternates. In the event that any of the ten non - youth sports partner league applicants selected to advance to the permit phase fails to obtain a sales permit by the permit application deadline, the City will give the alternate non -youth sports partner league applicants, in order drawn, the opportunity to apply for a non -youth sports fireworks sales permit.

Should all alternates from either alternate list advance to the permit phase, staff will invite alternates, in the order drawn, from the remaining alternate list to advance to the permit phase for any spot that comes available.

5. Permit application requirements. A selected applicant must submit a completed permit application to the Fire Marshal and pay all necessary fees ( as set by resolution) to receive a fireworks sales permit. An application must comply with all instructions on the application form. Permit application requirements may include, but are not limited to, identification of the proposed fireworks stand location, a copy of a retail fireworks permit issued by the State Fire Marshal, a copy of a temporary sales tax permit issued by the State Board of Equalization and a copy of a City business license. A permit holder may operate no more than one fireworks stand, in an approved location. Permits are non- transferrable. A permit holder may not share a permit or profits with any other entity except another lottery drawing applicant from that same year.

6. Fireworks Safety Training Class: Vendors must invite a representative of the Fire Department to attend a fireworks safety training class before issuance of the sales permit.
7 Fireworks stands operation. All permit holders shall comply with the conditions set forth in the permit. All permit holders shall also comply with the Minimum Requirements for Fireworks Stands provided upon permit issuance. Permit Resolution No. 2022- 018

Page 4 ends

holders may sell fireworks between the hours of 12:00 p.m. and 10:00 p.m. on July 1, 2 and 3 and between the hours of 10:00 a.m. and 9:00 p.m. on July 4.

8. Insurance. All permit holders shall pay for and maintain in full force and effect throughout the term of the permit public liability and property damage insurance covering a permit holder's operations in and about its fireworks stand with a minimum one million dollars per occurrence, two million dollars general aggregate and naming the City as an additional insured. Permit holders must pay any deductible or self -insured retention and declare to and receive approval from the City. A permit holder shall file certificates of such insurance with the Fire Marshal at the time applicant submits the permit application.

9. Financial Report: Permit holders shall submit a financial report using the form provided with the Permit Application to the City Clerk's Office by September 1.

Failure to submit the Financial Report will disqualify the organization from future lottery participation.

10. Noncompliance: Failure to comply with the rules and regulations governing the sale, possession and discharge of Safe and Sane Fireworks will result in the immediate invalidation of any current permit and forfeiture of eligibility for the lottery drawing in the next sales cycle. Applicants may appeal any dispute with staff determination of noncompliance to the Parks and Recreation Commission.

11. Fireworks discharge. Individuals who have purchased safe and sane fireworks from an approved fireworks stand may discharge such fireworks on July 4th of every year between the hours of 10:00 a. m. and 10:00 p.m. Any person discharging permitted fireworks shall adhere to the following:

A. No person under the age of sixteen ( 16) years shall discharge any fireworks.

B. No person shall throw, toss, project or position an ignited firework of any kind in such a manner as to cause the firework or contents thereof to come in contact with their own or any other person's body, personal property or real property.

C. The discharge of fireworks
without the property owne r
D. The discharge of fireworks shall not be permitted on public property, including, but not limited to, parks, sidewalks, streets and alleys.

E. The discharge of fireworks shall not be permitted in any area within the Very High and High Fire Hazard Severity Zones as designated in the map issued by the California Department of Forestry and Fire Resolution No. 2022- 018

Page 5 ends

Protection. This map may be viewed at the Fire Department, City Clerk's Office, on the City's website and at fireworks stands.

F. The discharge of fireworks shall not be permitted in any oil or gas station or on any premises where gasoline or other flammable liquids are stored or dispensed.

G. The discharge of fireworks shall not be permitted within ten feet of any building or structure.

H. The discharge of fireworks shall not be permitted underneath any tree or combustible structure.

12. Seizure of Fireworks. The Fire Chief, or designee, may seize any fireworks pursuant to and in accordance with Health and Safety Code Sections 12721 et seq. and any other applicable law, in the event that any person possesses, sells, or discharges fireworks in an illegal manner and/or in a manner that poses an imminent threat to public health or safety
ATTEST:

Ma Williams, MMC
Clerk
IP
Fred Jung_ "
Mayor
City of Fullerton

RESOLUTION CERTIFICATION

STATE OF CALIFORNIA )

COUNTY OF ORANGE ) SS

CITY OF FULLERTON )
RESOLUTION NO. 2022- 018
I, Lucinda Williams, City Clerk and ex-officio Clerk of the City Council of the City of Fullerton, California, hereby certify that the whole number of the members of the City Council of the City of Fullerton is five, and that the City Council adopted the above and foregoing Resolution No. 2022- 018 at a regular meeting of the City Council held on the March 1, 2022 by the following vote:

COUNCIL MEMBERS IN FAVOR:

COUNCIL MEMBERS OPPOSED
COUNCIL MEMBERS ABSTAINED:

COUNCIL MEMBERS ABSENT
ida' WilliamsMMCClerlk ,
Jung,
Whitaker, Dunlap, Silva, Zahra None
None
None
RESOLUTION NO. 2015- 04

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF HUNTINGTON BEACH IMPLEMENTING
CHARTER SECTION 805 AND MUNICIPAL CODE CHAPTER 5. 90

REGARDING SAFE AND SANE FIREWORKS
WHEREAS, the voters of the City of Huntington Beach approved an amendmentto the Huntington Beach Charter adding Section 805 permitting the saleand dischargeof Safe and Sane Fireworks subject to City Council regulations; and
The Council finds that orderly distribution and sale of Safe and Sane Fireworks will be accomplishedby setting forth rules and proceduresvia resolution, NOW, THEREFORE, the City Council of the City of Huntington Beach doeshereby resolve as follows:

SECTION 1. The City Manager is hereby authorizedto implement this resolution, Huntington Beach Municipal Code ( HBMC) Chapter 5. 90 and Charter Section 805.

SECTION 2. No Permit, asdefined by the HBMC, shall be issuedto any Qualified Organization that doesnot satisfy the requirementsprovided in this Resolution or HBMC Chapter 5. 90.

A. The maximum number of Permits that may be issuedshall be fifteen Permits during any one calendaryear asfollows: A maximum of five Permits shall be issuedto Qualified Organizations in eachof the three categoriesprovided below, to which an applicant may apply for only one of the categories:

Youth Sports— Youth sports organizations operating within the City whose main purpose is to benefit a valid youth sports activity. Examples include but are not limited to little league, " AYSO" soccer, youth football, basketball, tennis, golf This category doesnot include high school extracurricular activities/ sports.

High School— High school institutions or groups operating within the City that agreeto use the proceeds for the benefit of valid student extracurricular activities/ sports.

Civic Organizations— Civic organizations operating within the City whose main purpose is primarily for civic betterment, or charitable or religious purposes. This category does not include high school extracurricular activities or youth sports, but doesinclude adult sports organizations.

B. ApplicationsmaybefiledwiththeCityClerkbeginningMarch1st, continuingupto 5:00 p.m. onthelastbusinessdayin Marchof thesameyear, atwhich timethefiling period for that year will be closed.

C. TheCity Clerk shallconductalottery to choosefifteenqualifiedPermitteesthatmaysell fireworksin theCity pursuantto HBMC Chapter5.90. Thelotterywill beconducted during a City Council meeting andthe City Clerk using somemeansof random selection. 15- 4540/ 116499. docx
Resolution No. 2015- 04
D. In Addition to the requirements of HBMC Chapter 5.90 Qualified Applicants must be organizedprimarily for veterans, patriotic, welfare, civic betterment, religious, athletic, educational, youthdevelopmentor charitablepurposes; musthavetheirprincipaland permanentmeeting place within the City; provides direct and regular community services andbenefitsto theresidentsof theCity; andhaveaminimumbonafide membershipof at least20memberswho eitherresidein theCity, areemployedin theCity, or areowners or operatorsof a businessor other establishmentlocated in the City.

E. If morethanoneapplicationis submittedonbehalfof anynonprofitorganizationor affiliated organization, the City may disregard one or all of the applications at its sole discretion. Any attempt to transfer an application shall void that application andmay preclude an applicant from participating in the lottery in future years.

F. On a form provided by the City, Qualified Orginizations shall provide: the proposed location of the fireworks stand; the name, address and 24- hour telephone number of one or more responsible adults who will be in charge of and responsible for the fireworks standduring the period fireworks aresold, displayed or storedat such location; and written permission from the owner of record and/or lessor and/or managementcompany of thepropertyuponwhich saidfireworksstandis proposedto belocated; theproof of the applicant's statusasa qualified organization; datewhen the applicant was organized and established; the namesand addressesof the officers, if any, of the applicant; the name, address, and California StateFire Marshal' s license number of any wholesaler or distributorfrom whomtheQualifiedApplicantor retailerproposesto purchasefor resale; the applicant's StateBoard of Equalization salestax permit number; the manner, method and times regarding how the applicant proposesto sell Safeand SaneFireworks; a copy of the requisite retail salespermit issuedby the Office of the California StateFire Marshal; and evidenceof a temporary salestax permit from the California StateBoard of Equalization.

SECTION 3. Permittees shall provide certificates of insurance evidencing the following minimum limits with a California admitted carrier with a current A.M. Best's rating of no less than an A.

A. General Liability: $ 1,000,000 per occurrencefor bodily injury, personalinjury and property damage. If Commercial General Liability Insurance or other form with a generalaggregatelimit is used, either the general aggregatelimit shall apply separately to this project/location or the generalaggregatelimit shall be twice the required occurrence limit. " Claims made" designation is only acceptablefor professional or pollution liability insurance. The City of Huntington Beach, its officers, electedor appointed officials, employees, agents and volunteers must be named as certificate holder and as additional insured by separate attached endorsement. ( This wording must be exact.)
B. Any deductibles, self-insured retentions or similar forms of coveragelimitations or modifications must be declaredto and approved by the City.

C. Permittee shall include all sub-Permitteesor subcontractors, if any, asinsured under its policiesor shallfurnishseparatecertificatesandendorsementsfor eachsub-Permittees 15- 4540/ 116499. docx
Resolution No. 2015- 04
or subcontractors. All coverage for sub- Permittees shall be subject to all of the requirements stated herein.

SECTION 4. Permitteesagree, asa condition of receiving a Permit, to protect, defend, indemnify, andholdharmless, theCity, theCity Council, its officers, electedor appointed officials, employees, agents, and volunteers from and against any and all third party claims, damages, losses, expenses,judgments, demandsanddefensecosts, howevercaused, resulting from deathor injury to Permitteeemployees, volunteers, customers, and/or anythird party, and/or damageto Permitteeproperty, arising directly or indirectly out of the obligations or operationsundertakenby Permitteeby virtue of thePermitissuance, causedin wholeor in part by anyactor omissionof thePermittee, anysubcontractors, anyonedirectlyor indirectly employedor volunteersor anyonefor whoseactsanyof themmaybeliable, includingbut not limited to, concurrentactivenegligence, exceptwherecausedby thesoleactivenegligence, or willful misconduct of the City.

In the event of an injury, claim, lawsuit, or any other dispute, the Permittee will conduct all legal defensesto thoseinjuries, claims, lawsuits, or anyotherdisputes, includingthedefenseof the City if applicable, at its solecostandexpense, andatno costor expenseto theCity.

The City shall approve selection of Permittee's counsel. This defenseand indemnity obligation shall apply to all claims and liability regardlessof whether any defensesand insurancepolicies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by Permittee.

PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 2nd day of February 2015.

MM r
REVIE
SAND
APPROVED: APPROVED ASJO FO
Cit// M ger C' Attorney
ATED PPROVED:

Assistant City er
15- 4540/ 116499. docx
1 Res. No. 2015- 04

STATE OF CALIFORNIA
COUNTY OF ORANGE ss:

CITY OF HUNTINGTON BEACH )
I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on February 2, 2015 by the following vote:

AYES: Posey, O'Connell, Katapodis, Hardy, Sullivan, Delgleize, Peterson NOES: None
ABSENT: None
ABSTAIN: None
City Merkand ex- officio erk of the
City Council of the City of
Huntington Beach, California

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