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File #: 19-833 MEETING DATE: 8/5/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Dave Kiff, Interim City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
City Council position on Legislation pending before the State Legislature as recommended by
the City Council Intergovernmental Relations Committee (IRC); adopt Resolution No. 2019-53
Statement of Issue:
On July 24, 2019. the Intergovernmental Relations Committee (IRC) comprised of Mayor Erik
Peterson, Mayor Pro Tern Lyn Semeta, and Council Member Jill Hardy met to discuss pending
Federal and State legislation. Additionally, the IRC discussed City Boards and Commissions and
were presented with information from Southern California Edison and Southern California Gas
Company.
Financial Impact:
There is no fiscal impact associated with this Council Action.
Recommended Action:
A) Approve a City position of Oppose on Assembly Bill 302 (Berman) - Parking: Homeless Students;
and,
B) Approve a City position of Oppose on Assembly Bill 1482 (Chin) - Tenancy: Rent Caps; and.
C) Adopt Resolution No. 2019-53, "A Resolution of the City Council of the City of Huntington Beach
Urging the State of California to Implement a Variety of Strategies and Technologies that Further
Reduce Greenhouse Gas Emissions as the State Considers Building Decarbonization."
Alternative Action(s):
Do not approve and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State
legislation on July 24, 2019. in addition to regional issues. The Committee reviewed the 2019 State
Legislative Matrix provided by the City's Federal and State Advocate Townsend Public Affairs. The
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File #: 19-833 MEETING DATE: 8/5/2019
following is an analysis of the bills that the Committee chose to take the following positions on:
➢ OPPOSE - Assembly Bill 302 (Berman) - Parking: Homeless Students
This Assembly Bill would authorize the governing board of a community college district (in our
case the Coast Community College District) to grant the use of college facilities or grounds for
specified purposes. For example, existing law requires a community college campus that has
shower facilities for student use to grant access to those facilities to any homeless student
who is enrolled in courses, paid fees, and is in good standing with the District. This bill would
require community college campuses that have parking facilities on campus to grant overnight
access to those facilities (parking lots/structures).
➢ OPPOSE - Assembly Bill 1482 (Chiu) - Tenancy: Rent Caps
This bill establishes a rent cap of 5% plus regional CPI on all residential rental properties,
except rent-controlled and deed-restricted units. This bill discourages the production of rental
housing by establishing rent caps that are restrictive and force landlords to demonstrate cause
to evict a tenant - this in turn creates a disincentive for developers to build and property
owners to offer rental housing.
Additionally, representatives from Southern California Edison and Southern California Gas Company
were in attendance to discuss and present information on balanced energy solutions. The attached
Resolution for Council consideration is amendable to both utility companies and has been passed by
other municipalities.
Over the last decade, the State of California has passed numerous bills aimed at dramatically
reducing Greenhouse Gas (GHG) emissions. The most pertinent was signed into law by then
Governor Schwarzenegger in 2006, known as the California Global Warming Solutions Act (or
Assembly [AB] 32) and the ancillary bills that have followed (SB 375, SB 32, etc.) have driven GHG
regulation and analysis in California, by instructing the California Air Resources Board (CARB) to
develop and enforce regulations for the reporting and verifying of statewide GHG emissions. At the
heart of the bill (AB 32) is the requirement that statewide GHG emissions be reduced to 1990 levels
by 2020. In September 2016, then Governor Brown took AB 32 a step further and signed into law SB
32 which builds upon the statewide targets for 2020 by establishing a longer-term target that states
statewide GHG emissions be reduced to 40% below the 1990 levels by 2030.
In order to accomplish these ambitious goals, the State legislature has passed a multitude of bills and
regulatory guidelines for the deployment of near-zero emission building technologies. Specifically SB
1477 which addresses climate change and affordable housing by growing the market for clean and
energy efficient heating technologies. The bill authorizes the California Public Utilities Commission
(CPUC) to develop the Technology and Equipment for Clean Heating (HEAT) Initiative and the
Building Initiative for Low Emissions Development *(BUILD) Program. These statewide initiatives
require gas corporations to advance the State's market for low-emission space and water heating
equipment for new and existing residential buildings. It aims to reduce upfront costs and accessibility
for these technologies with incentives, thirty percent of which will be dedicated to low-income
housing. Concurrently, AB 3232 requires adopting building design and construction along with
conservation standards to be cost effective when amortized over the economic life of the structure. It
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File #: 19-833 MEETING DATE: 8/5/2019
requires the California Energy Commission (CEC) to assess the potential for the State to reduce
emissions of GHG from residential and commercial building stock by at least 40% below 1990 levels
by January 1, 20130 and to report on the emissions of GHG associated with the supply of energy to
residential and commercial buildings.
The attached Resolution urges the State of California to consider and deploy a variety of strategies
and technologies as part of its goal to reduce GHG emissions from buildings by 40 percent from 1990
levels by 2030, and not implement a "one size fits all" approach to Building Decarbonization.
Environmental Status:
Not Applicable
Strategic Plan Goal:
Non-Applicable - Administrative Item
Attachment(s):
1. Assembly Bill 302
2. Assembly Bill 1482
3. Resolution No. 2019-53, "A Resolution of the City Council of the City of Huntington Beach
Urging the State of California to Implement a Variety of Strategies and Technologies that Further
Reduce Greenhouse Gas Emissions as the State Considers Building Decarbonization"
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AMENDED IN SENATE JULY 11, 2019
AMENDED IN SENATE JUKE 26, 2019
AMENDED IN ASSEMBLY MARCH 25, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 302
Introduced by Assembly Member Berman
(Coauthor: Assembly Member Gonzalez)
January 29, 2019
An act to add and repeal Sections 76012 and 76012.5 of the Education
Code, relating to community colleges.
LEGISLATIVE COUNSEL'S DIGEST
AB 302, as amended, Berman. Parking: homeless students.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, and authorizes the governing board of a
community college district to grant the use of college facilities or
grounds for specified purposes. Existing law requires a community
college campus that has shower facilities for student use to grant access,
as specified, to those facilities to any homeless student who is enrolled
in coursework, has paid enrollment fees, and is in good standing with
the community college district, and requires the community college to
determine a plan of action to implement this requirement.
This bill, until December 31, 2022, would require a community
college campus that has parking facilities on campus to grant overnight
access to those facilities, commencing on or before April 1, 2020, to
any homeless student who is enrolled in coursework, has paid any
enrollment fees that have not been waived,and is in good standing with
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AB 302 —2—
the community college, for the purpose of sleeping in the student's
vehicle overnight. The bill would require the governing board of the
community college et district, commencing on or before April 1,
2020, and with the participation ofstudent representatives, to determine
a plan of action to implement this requirement, as specified.-Oft The
bill would require a community college district to develop a document
that clearly and concisely describes the rules and procedures established
pursuant to the bill's overnight parking requirements, provide the
document to participating students, and make the document available
at an overnight parking facility in paper form or post the document
conspicuously on the internet website of the community college campus
in which the facility is located. The bill would also grant a community
college district immunity from civil liability for a district employee's
good faith act or omission that fails to prevent an injury to a
participating student that occurs in, or in close proximity to, and during
the hours of operation of, overnight parking. The bill would limit this
immunity by making the immunity inapplicable to gross negligence,
intentional misconduct, or violations of other provisions of law.
On or before January 31,2022,the bill would require the chancellor's
office to submit to the Legislature and the Governor a report based on
data and information pertaining to the overnight parking facilities
requirements and other housing services offered to homeless students,
concerning which the bill would require the governing boards to report
to the chancellor on or before October 1, 2021. The bill's overnight
parking facilities requirements would not apply to eolleges a community
college campus providing specified homeless student housing serviees
, 20 services. On or before April 30, 2021, the
bill would require the chancellor's office to submit to the Legislature
and the Governor a report based on data and information pertaining to
the provision of these specified housing services commencing on or
before April 1, 2020, and other housing services offered to homeless
students, concerning which the bill would require the eollege-s
community college campuses to report to the chancellor on or before
January 1, 2021. By imposing additional duties on community college
districts, this bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
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-3— AB 302
reimbursement for those costs shall be made pursuant to the statutory
provisions noted above.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
The people of the State of California do enact as follows:
1 SECTION 1. (a) The Legislature finds and declares all of the
2 following:
3 (1) The state is experiencing a moral failure in that community
4 college students are being forced to live in their vehicles as a result
5 of the state's homelessness and housing crises.
6 (2) A recent report released by the Office of the Chancellor of
7 the California Community Colleges and the Hope Center for
8 College, Community, and Justice, which surveyed nearly 40,000
9 students at 57 community colleges, found that 19 percent of the
10 survey's respondents experienced homelessness in the previous
11 year.
12 (3) Short-term approaches to address the state's homelessness
13 and housing crises are not intended to supplant planning,financing,
14 and facilitating long-term solutions to preventing and ending
15 homelessness.
16 (b) It is the intent of the Legislature that until sufficient housing
17 is constructed to address the state's homelessness and housing
18 crises, safe parking programs should be considered as one of many
19 short-term approaches to creating a safe space for unsheltered
20 homeless persons,including homeless community college students.
21 SEC.2. Section 76012 is added to the Education Code,to read:
22 76012. (a) If a community college campus has parking
23 facilities on campus,the governing board of the community college
24 district shall grant overnight access to those facilities to any
25 homeless student for the purpose of sleeping in the student's
26 vehicle overnight, provided that the student is enrolled in
27 coursework,has paid enrollment fees if not waived,and is in good
28 standing with the community college district without requiring the
29 student to enroll in additional courses.
30 (b) The governing board of the community college district
31 shall, with the participation of student representatives, determine
32 a plan of action to implement subdivision (a) that includes, but is
33 not limited to, all of the following:
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AB 302 —4-
1 (1) A definition of homeless student that is based on the
2 definition of homeless youth specified in the federal
3 McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec.
4 11434a(2)),and reflects the age of the homeless student population
5 at the community college campus.
6 (2) Overnight parking facilities monitoring. monitoring and a
7 procedure for reporting and responding to threats to the safety of
8 a student participating in overnight parking.
9 (3) An overnight parking form and liability waive.r that must be
10 completed by any homeless student seeking to access the overnight
11 parking facilities. The community college district shall clearly and
12 conspicuously indicate on the form that the district cannot ensure
13 the safety of a student who participates in overnight parking.
14 (4) Designation of a specific parking area or areas for overnight
15 parking.
16 (5) Accessible bathroom facilities that are in reasonable
17 proximity to the parking area or areas designated pursuant to
18 paragraph (4).
19 (6) A waiver of parking assessment fees for the overnight
20 parking facilities.
21 (7) Overnight parking rules that eligible homeless stttdents shall
22 a participating student shall follow when using the overnight
23 parking f edit:.... stteh as no facilities, including a zero tolerance
24 policy for the use of drugs or alcohol.
25 (8) Hours of operation for the overnight parking facilities.
26 (9) A requirement that l of t' ���a participating student
27 be enrolled in,at minimum, six units per semester,or the quarterly
28 equivalent, to use the overnight parking facilities.
29 (10) A procedure for registering and verifying the identity of
30 an eligible student and the student's vehicle. This information shall
31 be used exclusively for the purpose of implementing overnight
32 parking, and shall not be disclosed for any other purpose, except
33 pursuant to a particularized court-issued warrant.
34 (11) A procedure for identifying a participating student who
35 has engaged in behavior that poses a substantial threat to the
36 physical safety of other participating students and, as necessary,
37 warning the student to correct the student's behavior or revoking
38 the student's eligibility to participate in overnight parking on a
39 temporary or permanent basis.
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1 (c) Upon establishing a plan of action pursuant to subdivision
2 (b), the community college district shall develop a document that
3 clearly and concisely describes the rules and procedures
4 established pursuant to subdivision (b). This document shall be
5 provided to participating students. This document shall be
6 available at the overnight parking facility in paper form, or posted
7 conspicuously on the internet website of the community college
8 campus in which the facility is located.
9 (d) A community college district that implements overnight
10 parking that complies with the requirements of subdivisions (b)
11 and(c) is not civilly liable for a district employee's good faith act
12 or omission that fails to prevent an injury to a participating student
13 that occurs in, or in close proximity to, and during the hours of
14 operation of, overnight parking. This immunity does not apply to
15 gross negligence, intentional misconduct, or violations of other
16 provisions of law.
17 (t)
18 (e) It is the intent of the Legislature that homeless students who
19 use the overnight parking facilities shall be connected to available
20 state, county, community college district, and community-based
21 housing, food, and financial assistance resources.
22 (d) On
23 0 Commencing on or before April 1,2020,the governing board
24 of the community college district shall implement
25 subdivisions (a) and(b).
26 (e)
27 (g) (1) On or before October 1, 2021, the governing board of
28 the community college district shall report to the Office of the
29 Chancellor of the California Community Colleges on the use of
30 the overnight parking facilities by its homeless students,the number
31 of homeless students served by the overnight parking facilities,
32 the socioeconomic and demographic backgrounds of these students,
33 other housing services offered to its homeless students,challenges
34 and best practices in the operation of the overnight parking
35 facilities, and whether students who used the overnight parking
36 facilities remained enrolled or graduated from a campus maintained
37 by the district.
38 (2) The data and information reported pursuant to paragraph
39 (1) shall be disaggregated by campus if the district maintains
40 multiple campuses offering overnight parking facilities.
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AB 302 —6—
1 0#
2 (h) On or before January 31, 2022,the chancellor's office shall
3 develop and submit to the Governor and the Legislature,pursuant
4 to Section 9795 of the Government Code, a systemwide report
5 based on the data and information reported by districts pursuant
6 to subdivision-(e}: (g).
7 {g)
8 (i) The chancellor's office shall conduct a student homelessness
9 survey and shall release the results of the survey on or before April
10 1, 2022.
11 (-h)
12 (j) This section shall not apply to a community college campus
13 described in Section 76012.5.
14 �i)
15 (k) This section shall remain in effect only until December 31,
16 2022, and as of that date is repealed.
17 SEC. 3. Section 76012.5 is added to the Education Code, to
18 read:
19 76012.5. (a) (1) Section 76012 shall not apply to a community
20 college campus providing all of the following services to its
21 homeless students commencing on or before April 1, 2020:
22 (A) Emergency grants that are necessary to secure, or prevent
23 the imminent loss of, housing.
24 (B) Hotel vouchers through a public agency or community
25 organization.
26 (C) Rapid rehousing referral services.
27 (2) A community college campus described in paragraph (1)
28 shall do all of the following:
29 (A) Send a stand-alone email to every student enrolled at the
30 campus at the beginning of each semester or quarter describing
31 available student housing services, and provide a description of
32 these services at every student orientation at the campus.
33 (B) Provide a housing assistance tab that is clearly visible and
34 easily accessible from a drop-down menu on the home page of the
35 campus's internet website.
36 (C) (i) On or before January 1,2021,report to the Office of the
37 Chancellor of the California Community Colleges on the
38 implementation , of the services
39 described in paragraph (1). The report shall include, but not be
40 limited to, all of the following:
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1 (I) The number of homeless students served by the services.
2 (II) The socioeconomic and demographic backgrounds of these
3 students.
4 (III) Challenges and best practices in the implementation of the
5 services.
6 (IV) Whether students who used the services remained enrolled
7 or graduated from a campus maintained by the district.
8 (V) Other housing services offered to the campus's homeless
9 students.
10 (ii) The data and information reported pursuant to subclauses
11 (I) to (IV), inclusive, of clause (i) shall be disaggregated by each
12 service specified in subparagraphs (A) to (C), inclusive, of
13 paragraph (1).
14 (b) On or before April 30, 2021, the chancellor's office shall
15 develop and submit to the Governor and the Legislature, pursuant
16 to Section 9795 of the Government Code, a report based on the
17 data and information reported by colleges pursuant to subparagraph
18 (C) of paragraph(2) of subdivision (a).
19 (c) This section shall remain in effect only until December 31,
20 2022, and as of that date is repealed.
21 SEC. 4. If the Commission on State Mandates determines that
22 this act contains costs mandated by the state, reimbursement to
23 local agencies and school districts for those costs shall be made
24 pursuant to Part 7 (commencing with Section 17500) of Division
25 4 of Title 2 of the Government Code.
O
96
AMENDED IN SENATE JULY 11, 2019
AMENDED IN SENATE JUNE 28, 2019
AMENDED IN ASSEMBLY MAY 20, 2019
AMENDED IN ASSEMBLY APRIL 22, 2019
AMENDED IN ASSEMBLY MARCH 28, 2019
CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1482
Introduced by Assembly Member Chin
(Principal coauthors: Assembly Members Bonta, Grayson, and
Wicks)
(Coauthors: Assembly Members Bloom, Carrillo, McCarty, and
Ting)
February 22, 2019
An act to add and repeal Sections 1946.2, 1947.12, and 1947.13 of
the Civil Code, relating to tenancy.
LEGISLATIVE COUNSEL'S DIGEST
AB 1482, as amended, Chiu. Tenancy: rent caps.
Existing law specifies that a hiring of residential real property, for a
term not specified by the parties, is deemed to be renewed at the end
of the term implied by law unless one of the parties gives written notice
to the other of that party's intention to terminate. Existing law requires
an owner of a residential dwelling to give notice at least 60 days prior
to the proposed date of termination, or at least 30 days prior to the
proposed date of termination if any tenant or resident has resided in the
dwelling for less than one year, as specified. Existing law requires any
94
AB 1482 —2—
notice given by an owner to be given in a prescribed manner,to contain
certain information, and to be formatted, as specified.
This bill would, with certain exceptions, prohibit an owner owner,
as defined, of residential property from terminating the lease of a tenant
that has occupied the property for at least 12 months without just cause,
as defined. The bill would require, for certain just cause terminations
that are curable, that the owner give a notice of violation and an
opportunity to cure the violation prior to issuing the notice of
termination.The bill would require, for no-fault just cause terminations,
as specified,that the owner assist certain tenants to relocate,regardless
of the tenant's income, by providing a direct payment of one month's
rent to the tenant, as specified. The bill would provide that if the owner
does notprovide relocation assistance, the notice oftermination is void.
The bill would except certain properties and circumstances from the
application of its provisions. The bill would require an owner of
residential property to provide notice to a tenant of the tenant's rights
under these provisions at the beginning of the tenancy by providing an
addendum to the lease to be signed by the tenant when the lease is
signed signed, and to translate the notice into the language that was
used to negotiate the lease, if applicable. The bill would not prevent
local rules or ordinances that provide a higher level of tenant protections,
as specified. The bill would void any waiver of the rights under these
provisions.The bill would repeal these provisions as of January 1,2023.
Existing law governs the hiring of residential dwelling units and
requires a landlord to provide specified notice to tenants prior to an
increase in rent. Existing law, the Costa-Hawkins Rental Housing Act,
prescribes statewide limits on the application of local rent control with
regard to certain properties. That act, among other things, authorizes
an owner of residential real property to establish the initial and all
subsequent rental rates for a dwelling or unit that meets specified criteria,
subject to certain limitations.
This bill would,until January 1,2023,prohibit an owner of residential
real property from increasing the rental rate for that property more than
once annually, and prohibit the owner from increasing the rental rate
in an amount that is greater than 7%plus the percentage change in the
cost of living, as defined, or 10%, whichever is lower, more than the
lowest rental rate charged for the immediately preceding 12 months,
subject to specified conditions. The bill would exempt from these
provisions deed-restricted affordable housing, specified dormitories,
housing that has been issued a certificate of occupancy within the
94
—3— AB 1482
previous 10 years, housing subject to a local ordinance that imposes a
more restrictive rent increase cap than these provisions, and specified
single-family housing. The bill would require the Legislative Analyst's
Office to submit a report,on or before January 1,2023,to the Legislature
regarding the effectiveness of these provisions. The bill would void any
waiver of the rights under these provisions. The bill provides that these
provisions apply to all rent increases occurring on or after March 15,
2019. The bill would provide that in the event that an owner increased
the rent by more than the amount specified above between March 15,
2019, and January 1, 2020, the applicable rent on January 1, 2020,
shall be the rent as of March 1 S, 2019,plus the maximum permissible
increase, and the owner shall not be liable to the tenant for any
corresponding rent overpayment.
The Planning and Zoning Law requires the owner of an assisted
housing development in which there will be an expiration of rental
restrictions to, among other things, provide notice of the proposed
change to each affected tenant household residing in the assisted housing
development subject to specified procedures and requirements, and to
also provide specified entities notice and an opportunity to submit an
offer to purchase the development prior to the expiration of the rental
restrictions.
This bill would authorize an owner of an assisted housing
development, who demonstrates under penalty of perjury compliance
with the provisions described above with regard to the expiration of
rental restrictions,to establish the initial unassisted rental rate for units
without regard to the cap on rent increases discussed above, but would
require the owner to comply with the above cap on rent increases for
subsequent rent increases in the development. By requiring an owner
of an assisted housing development to demonstrate compliance with
specified provisions under penalty of perjury, this bill would expand
the existing crime of perjury and thus would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act
for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
94
AB 1482 —4—
The people of the State of California do enact as follows:
1 SECTION 1. Section 1946.2 is added to the Civil Code, to
2 read:
3 1946.2. (a) Notwithstanding any other law, an owner of
4 residential real property, in which the tenant has occupied the
5 residential real property for 12 months or more, with or without a
6 written lease, shall not terminate the lease without just cause,which
7 shall be stated in the written notice to terminate tenancy set forth
8 in Section 1946.1.
9 (b) For purposes of this section, "just cause" includes either of
10 the following:
11 (1) At-fault just cause, which is any of the following:
12 (A) Default in the payment of rent.
13 (B) A breach of a material term of the lease, as described in
14 paragraph (3) of Section 1161 of the Code of Civil Procedure,
15 including, but not limited to, violation of a provision of the lease
16 after being issued a written notice to correct the violation.
17 (C) Maintaining, committing, or permitting the maintenance or
18 commission of a nuisance as described in paragraph(4)of Section
19 1161 of the Code of Civil Procedure.
20 (D) Committing waste as described in paragraph(4) of Section
21 1161 of the Code of Civil Procedure.
22 (E) The tenant had a written lease that terminated on or after
23 January 1, 2020, and after a written request or demand from the
24 owner, the tenant has refused to execute a written extension or
25 renewal of the lease for an additional term of similar duration with
26 similar provisions, provided that those terms do not violate this
27 section or any other provision of law.
28 (F) Criminal activity by the tenant on the premises, including
29 any common areas,or any criminal threat,as defined in subdivision
30 (a) of Section 422 of the Penal Code, directed at any owner or
31 agent of the owner of the premises.
32 (G) Assigning or subletting the premises in violation of the
33 tenant's lease.
34 (H) The tenant's refusal to allow the owner to enter the dwelling
35 pursuant to a request consistent with Section 1954 of the Civil
36 Code.
37 (I) Using the premises for an unlawful purpose as described in
38 paragraph (4) of Section 1161 of the Code of Civil Procedure.
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—5— AB 1482
1 (2) No-fault just cause, which includes any of the following:
2 (A) (i) Intent to occupy the residential real property by the
3 owner or their spouse, children, grandchildren, parents, or
4 grandparents.
5 (ii) For leases entered into on or after January 1, 2020, clause
6 (i) shall apply only if the tenant agrees, in writing, to the
7 termination, or if a provision of the lease allows the owner to
8 terminate the lease if the owner, or their spouse, children,
9 grandchildren, parents, or grandparents, unilaterally decides to
1.0 occupy the residential property.
11 (B) Withdrawal of the residential property from the rental
12 market.
13 (C) Unsafe habitation, as determined by a government agency
14 that has issued an order to vacate, order to comply, or other order
15 that necessitates vacating the residential property.
16 (D) Intent to demolish or to substantially remodel.
17 (c) Before an owner of residential real property issues a tenant
18 a notice to terminate tenancy for just cause that is a curable lease
19 violation, the owner shall first give notice of the violation to the
20 tenant with an opportunity to cure the violation pursuant to
21 paragraph (3) of Section 1161 of the Code of Civil Procedure.
22 (d) (1) If an owner of residential real property issues a no-fault
23 just cause notice to terminate a tenancy to a tenant who has resided
24 on the residential real property for 12 months or more, the owner
25 shall assist the tenant,regardless of the tenant's income,to relocate
26 by providing a direct payment to the tenant as described in
27 paragraph(3).
28 (2) If an owner issues a notice to terminate tenancy for no-fault
29 just cause, the owner shall notify the tenant of the tenant's right
30 to relocation assistance pursuant to this section.
31 (3) The amount of relocation assistance shall be equal to one
32 month of the tenant's rent that was in effect when the owner issued
33 the notice to terminate the tenaney. tenancy and shall be provided
34 within five calendar days of service of the notice. The owner and
35 tenant may also agree, in lieu of direct payment, to waive the
36 payment of rent for the month after the notice is given.
37 (4) An owner's failure to strictly comply with this subdivision
38 shall render the notice of termination void.
39 (e) This section shall not apply to the .following types of
40 residential real properties or residential circumstances:
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AB 1482 —6-
1 (1) Transient and tourist hotel occupancy as defined in
2 subdivision (b) of Section 1940.
3 (2) Housing accommodations in a nonprofit hospital, religious
4 facility, or extended care facility.
5 (3) Dormitories owned and operated by an institution of higher
6 education or a kindergarten and grades 1 to 12, inclusive, school.
7 (4) Housing accommodations in which the tenant shares
8 bathroom or kitchen facilities with the owner who maintains their
9 principal residence at the residential real property.
10 (5) Single-family owner-occupied residences, including a
11 residence in which the owner-occupant rents or leases no more
12 than two units or bedrooms, including, but not limited to, an
13 accessory dwelling unit or a junior accessory dwelling unit.
14 (6) Housing that has been issued a certificate of occupancy
15 within the previous 10 years.
16 (7) Housing that is a detached single-family residential dwelling
17 unit that meets both of the following requirements:
18 (A) The owner is a natural person who owns and leases no more
19 than 10 units and does not have an ownership interest in any other
20 rental residential real property through any other entity.
21 (B) There is a written lease for the dwelling that includes .a
22 provision certifying that the owner meets the provisions of
23 subparagraph (A) and notifying the tenant that the dwelling is not
24 subject to this section.
25 (f) An owner of residential real property subject to this section
26 shall provide notice to a tenant of the tenant's rights under this
27 section at the beginning of the tenancy by providing an addendum
28 to the lease which shall be signed by the tenant when the lease is
29 signed. The provision of the notice shall be subject to Section 1632.
30 (g) This section does not prevent the enforcement of an existing
31 local rule or ordinance,or the adoption of a local rule or ordinance
32 that is consistent with Chapter 2.7 (commencing with Section
33 1954.50), that requires just cause for termination of a residential
34 tenancy that further limits or specifies the allowable reasons for
35 eviction, requires longer notice or additional procedures for
36 evicting tenants,provides for higher relocation assistance amounts,
37 or is determined to provide a higher level of tenant protections
38 than this section.
39 (h) Any waiver of the rights under this section shall be void as
40 contrary to public policy.
94
-7— AB 1482
1 (i) For the purposes of this section, "owner" means the same
2 as defined in Section 1954.51.
3
4 (j) This section shall remain in effect only until January 1,2023,
5 and as of that date is repealed.
6 SEC. 2. Section 1947.12 is added to the Civil Code, to read:
7 1947.12. (a) Subject to the provisions of subdivision (b), an
8 owner of residential real property shall not increase the rental rate
9 for that property more than once annually. The annual increase
10 shall not exceed 7 percent plus the percentage change in the cost
11 of living, or 10 percent, whichever is lower, of the lowest rental
12 amount charged for that property at any time during the 12 months
13 prior to the effective date of the increase.
14 (b) (1) Subdivision(a)shall apply to partial changes in tenancy
15 of a residential rental property where one or more of the tenants
16 remains an occupant in lawful possession of the property.
17 (2) Subdivision (a) shall not apply to new tenancies where no
18 tenants from the prior lease remain an occupant in lawful
19 possession of the residential real property.
20 (c) This section shall not apply to the following residential rental
21 properties:
22 (1) Deed-restricted affordable housing for persons and families
23 of very low, low,or moderate income,as defined in Section 50093
24 of the Health and Safety Code.
25 (2) Dormitories constructed and maintained in connection with
26 any higher education institution within the state for use and
27 occupancy by students in attendance at the institution.
28 (3) Housing subject to any form of rent or price control through
29 a public entity's valid exercise of its police power that restricts
30 annual increases in the rental rate to an amount less than that
31 provided in subdivision (a).
32 (4) Housing that has been issued a certificate of occupancy
33 within the previous 10 years.
34 (5) Housing that is a detached single-family residential dwelling
35 unit that meets both of the following requirements:
36 (A) The owner is a natural person who owns and leases no more
37 than 10 units and does not lease any other residential property
38 through any other entity.
39 (B) The dwelling has a written lease lease, compliant with
40 Section 1632, that includes a provision certifying that the owner
94
AB 1482 —8—
1 meets the provisions of subparagraph(A) and notifying the tenant
2 that the dwelling is not subject to this section.
3 (d) An owner shall provide notice of any increase in the rental
4 rate,pursuant to subdivision(a),to each tenant in accordance with
5 Section 827.
6 (e) (1) On or before January 1, 2023,the Legislative Analyst's
7 Office shall report to the Legislature regarding the effectiveness
8 of this section and Section 1947.13. The report shall include, but
9 not be limited to, the impact of the rental rate cap pursuant to
10 subdivision (a) on the housing market within the state.
11 (2) The report required by paragraph (1) shall be submitted in
12 compliance with Section 9795 of the Government Code.
13 (f) For the purposes of this section, the following definitions
14 shall apply:
15 (1) "Owner"shall mean the same as defined in Section 1954.51.
16 (2) -"Percentage change in the cost of living" means the
17 percentage change from April 1 of the prior year to April 1 of the
18 current year in the regional Consumer Price Index for the region
19 where the residential real property is located, as published by the
20 United States Bureau of Labor Statistics. If a regional index is not
21 available, the California Consumer Price Index for All Urban
22 Consumers for all items, as determined by the Department of
23 Industrial Relations, shall apply.
24 (3) "Residential real property"means any dwelling or unit that
25 is intended for human habitation.
26 (4) "Tenancy" means the lawful occupation of residential real
27 property and includes a lease or sublease.
28 (g) (1) This section shall apply to all rent increases subject to
29 subdivision (a) occurring on or after March 15,2019. This section
30 shall become operative January 1, 2020.
31 (2) In the event that an owner has increased the rent by more
32 than the amountpermissible under subdivision(a)between March
33 15, 2019, and January 1, 2020, both of the following shall apply:
34 (A) The applicable rent on January 1, 2020, shall be the rent
35 as of March 15, 2019, plus the maximum permissible increase
36 under subdivision (a).
37 (B) An owner shall not be liable to the tenant for any
38 corresponding rent overpayment.
39 (h) Any waiver of the rights under this section shall be void as
40 contrary to public policy.
94
—9— AB 1482
1 (i) This section shall remain in effect until January 1,2023,and
2 as of that date is repealed.
3 0) It is the intent of the Legislature that this section is intended
4 to respond to the unique circumstances of the current housing
5 crisis, and to only apply for a limited time, as described in
6 subdivision (i).
7 SEC. 3. Section 1947.13 is added to the Civil Code, to read:
8 1947.13. (a) Notwithstanding Section 1947.12, upon the
9 expiration of rental restrictions, the owner of an assisted housing
10 development who demonstrates under penalty of perjury,
1.1 compliance with all applicable provisions of Sections 65863.10,
12 65863.11, and 65863.13 of the Government Code, and any other
13 applicable law or regulation intended to promote the preservation
14 of assisted housing may establish the initial unassisted rental rate
15 for units in the applicable housing development. Any subsequent
16 rent increase in the development shall be subject to Section
17 1947.12.
18 (b) For purposes of this section:
19 (1) "Assisted housing development" has the same meaning as
20 defined in paragraph(3) of subdivision(a)of Section 65863.10 of
21 the Government Code.
22 (2) "Expiration of rental restrictions"has the same meaning as
23 defined in paragraph(5) of subdivision(a) of Section 65863.10 of
24 the Government Code.
25 (c) This section shall remain in effect until January 1,2023,and
26 as of that date is repealed.
27 (d) Any waiver of the rights under this section shall be void as
28 contrary to public policy.
29 SEC. 4. No reimbursement is required by this act pursuant to
30 Section 6 of Article XIIIB of the California Constitution because
31 the only costs that may be incurred by a local agency or school
32 district will be incurred because this act creates a new crime or
33 infraction,eliminates a crime or infraction,or changes the penalty
34 for a crime or infraction, within the meaning of Section 17556 of
35 the Government Code, or changes the definition of a crime within
36 the meaning of Section 6 of Article XIII B of the California
37 Constitution.
O
94
RESOLUTION NO. 2019-53
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH URGING THE STATE OF
CALIFORNIA TO IMPLEMENT A VARIETY OF STRATEGIES AND
TECHNOLOGIES THAT FURTHER REDUCE GREENHOUSE GAS
EMISSIONS AS THE STATE CONSIDERS BUILDING DECARBONIZATION
WHEREAS, California's climate policies have been critical in reducing state greenhouse
gas emissions down to 1990 levels before 2020; and
California's ongoing efforts to minimize the impacts of climate change is continued with
SB 32 and its goal to further reduce greenhouse gas emissions to 40 percent below 1990 levels
by 2030 through a number of strategies such as reducing emissions from commercial and
residential buildings; and
In September 2018, Governor Brown signed SB 1477, authorizing the CPUC (California
Public Utilities Commission) to develop the TECH (Technology for Clean Heating) Initiative
and the BUILD (Building Initiative for Low-Emissions Development) Program, with the purpose
of advancing the State's market for low-emission space and water heating equipment for new and
existing residential buildings, and provide incentives to eligible applicants, in particular low-
income residents, for the deployment of near-zero-emission building technologies to
significantly reduce the emissions of greenhouse gases from buildings; and
Governor Brown also concurrently signed into law AB 3232, which charged the
California Energy Commission with assessing the potential for the State to reduce carbon
pollution from residential and commercial buildings, referred to as building decarbonization, by
40 percent from 1990 levels by 2030; and
As the California Energy Commission assesses the decarbonization of buildings, it is
critical that a variety of strategies and technologies be carefully considered and pursued
including, but not limited to, increasing the energy efficiency of existing buildings, the use of
carbon capture and sequestration, the deployment of renewable natural gas including biomethane
and hydrogen, and the voluntary electrification of buildings.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Huntington
Beach as follows:
The City of Huntington Beach urges the State of California to consider and deploy a variety of
strategies and technologies as part of its goal to reduce greenhouse gas emissions from buildings
by 40 percent from 1990 levels by 2030, and not implement a "one-size-fits-all" approach to
Building Decarbonization; the City understands that varying circumstances and conditions as
19-7863/210126 1
Resolution No. 2019-53
contrasting as those found in California require a flexible approach to greenhouse gas emission
reductions.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 5th day of August , 2019.
Mayor
REVIEWED AND APPROVED: INITIATED AND APPROVED:
nterim City Manager Interim City Manager
APPROVED AS TO FORM:
City Attorney
19-7765/208197 2
Res. No. 2019-53
STATE OF CALIFORNIA
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, ROBIN ESTANISLAU, 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 August 5, 2019 by the following vote:
AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy
NOES: None
ABSENT: None
RECUSE: None
City Clerk and ex-officio Clerk of the
City Council of the City of _t
Huntington Beach, California
Switzer, Donna
From: Dombo, Johanna
Sent: Monday, August 05, 2019 11:17 AM
To: Agenda Comment
Cc: Fikes, Cathy; CITY COUNCIL
Subject: FW: City "Oppose" Position on AB 302 "Parking / Homeless Students"
AGENDA COMMENT SUPPLEMENTAL
COMMUNICATION
From: Galen Pickett<Galen.Pickett@csulb.edu> i-/S-/I q
Sent: Monday, August 05, 2019 11:13 AM Meeting Date.
To: CITY COUNCIL<city.council@surfcity-hb.org>
Subject: City "Oppose" Position on AB 302 "Parking/ Homeless Students" Agenda Item Ido., 7-� Pq" 9/33)
Honorable Council Members:
As a citizen and property owner in Huntington Beach, I note with interest item 17 "19-833" section A) indicating that
opposing AB 302 is on the consent calendar for tonight's city council meeting. At best, I think this move is premature,
and would encourage the item be brought to the full council for a debate and vote.
First, AB 302 has been dramatically amended since being offered on Jan. 29, 2019, and is likely to not be in its final
form. The current proposal allows California Community Colleges, and Goldenwest College in particular, to customize
the mix of emergency housing vouchers and overnight parking offered to best serve the educational mission of the
College. All programs and services are to be reserved for students who maintain good standing and degree progress at
Goldenwest. Also, the scale of the services to be offered is quite a bit more modest than the overall statewide numbers
might have any one of you believe. Using the nominal research figure that 20%of students in the California Community
Colleges face homelessness during an academic year, and the overall headcount enrollment of GWC of approximately
10,000 people, Goldenwest faces about 2000 incidents of homelessness in their student body every year. Many of these
represent inherently instable fluctuations students face regarding housing. I would estimate that these 2000 incidents
occur at random throughout the 32-week academic year, yielding about 60-70 active cases each week. A mix of short-
term housing vouchers and supervised overnight parking seems a reasonable investment to support these students.
Secondly, having just such a modest, reasonable project in an educational institution with such close cultural and
geographic ties to Huntington Beach will generate the kinds of granular data that will be invaluable to the city should it
find itself either mandated to create such a program or locked in a court fight over such a program. The GWC
experience will allow the city to fine tune cost estimates, to project the public safety impact, and to gauge the overall
impact of such a safe-parking project in our local environment. It seems to me that prudence and good government
requires seeing what such a model might reveal, particularly as there are literally no city resources at stake to get that
data.
Third, and last, I will point out that I have been a professor in the California State University for the last 20 years, and the
best—the *very* best—students I encounter here on campus are students who have navigated the California
Community College system before they get to my door. These students are resilient and strong in ways that I never had
to be as an undergraduate at MIT. A fair number of these have come through a period of intermittent instability and
homelessness, and have managed to study differential calculus, physics, chemistry by parking lot lights. Many of them
are now pursuing graduate degrees in the University of California—physics, engineering, mathematics. These students
were already so focused on their goal of attaining science degrees that I believe nothing could ever really turn them
away from those paths. There is a whole universe of students out there, however, who are just a little bit less tough
1
than that. These are students for whom a really good night's sleep before the morning of a final exam can make the
difference between continuing on and succeeding as a physical scientist—or just giving up.
This modest investment by the state, located geographically close enough for the city to learn by experience (for
defense or to engineer our own programs), and aimed directly at hard-working students who would love nothing more
than to continue their training after GWC and come back to HB as our next generation of highly skilled and affluent
citizens seems to be something worthy of the support of the City Council. Certainly, there are issues here that go
beyond a bland "Oppose" on the consent calendar.
With best wishes,
Prof. Galen T. Pickett
Dept. of Physics and Astronomy
California State University Long Beach
1250 Bellflower Blvd.
Long Beach, CA 90840
562 985 4934
http://www.csulb/edu/—gpickett
2
Work Order: #178830 08/05/2019 Closed:
8/06 201
9
resolvedThis issue is • • 1. Not
By Cheri Atkinson
Agenda & Public Hearing Comments LCSW/Homeless
United HB
SUB TYPE Email cherivatkinson@aol.co
City Council Meeting To
Phone 714-803-8310
STREET ADDRESS Device
Media Submitted
None
SUPPLEMENTAL
COMMUNICATION
Agenda Item No.�_
COMMENTS &ADDITIONAL NOTES
AB 302-I am advocating that you support AB 302,as this allows students to have a safe place
to sleep,while pursuing their studies and moving out of homelessness.This will be a model for
future programs.If you cannot support AB 302 at this time,then take time to study it more.
Notes Added By staff:08/06/2019 8:15 AM Donna Switzer
Thank you for sharing your concerns.Your email will be included as a Supplemental Communication to
this City Council agenda item.
Share with Citizen:YES
Status Changed:08/06/2019 7:46 AM Johanna Dombo
Work Order#178830 status has changed from new to resolved.
Share with Citizen:YES
Issue Type/Subtype Changed:08/06/2019 7:46 AM Johanna Dombo
Workorder#178830 Issue type changed from City Council to Agenda&Public Hearing Comments and
subtype City Council Meeting.
Share with Citizen:NO