The URL can be used to link to this page

Home My WebLink About2019-08-05 Agenda Packet (Revised)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 for more information, or request assistance from the staff or Sergeant-at-Arms at the meeting. PUBLIC COMMENTS: To address the legislative body on items of interest not scheduled for public hearing, Request to Speak forms will be made available at the meeting and are collected by the staff or Sergeant at Arms. Some legislative bodies may provide different Request to Speak forms for public hearing items. AUDIO/VIDEO ACCESS TO BROADCASTED MEETINGS: City Council and Planning Commission meetings are televised live on HBTV-3 Channel 3, and can be viewed via live or archived website at https://huntingtonbeach.legistar.com. AGENDA -- REVISED FINAL CITY COUNCIL/PUBLIC FINANCING AUTHORITY Monday, August 5, 2019 Council Chambers 2000 Main Street Huntington Beach, CA 92648 Study Session - 4:00 PM / Closed Session - 5:00 PM Regular Meeting - 6:00 PM MAYOR AND CITY COUNCIL ERIK PETERSON, Mayor LYN SEMETA, Mayor Pro Tem PATRICK BRENDEN, Councilmember KIM CARR, Councilmember BARBARA DELGLEIZE, Councilmember JILL HARDY, Councilmember MIKE POSEY, Councilmember STAFF DAVE KIFF, Interim City Manager MICHAEL E. GATES, City Attorney ROBIN ESTANISLAU, City Clerk ALISA BACKSTROM, City Treasurer City Council/Public Financing Authority AGENDA August 5, 2019 4:00 PM - COUNCIL CHAMBERS CALL TO ORDER ROLL CALL Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) STUDY SESSION 19-8101.Code Enforcement Overview RECESS TO CLOSED SESSION CLOSED SESSION ANNOUNCEMENT(S) 19-8362.Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources; Mike Baumgartner, Marine Safety Division Chief and Robert Handy, Police Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA) and Police Management Association (PMA). CLOSED SESSION 19-8273.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: In Re: National Prescription Opiate Litigation; USDC - Ohio Case No. 1:17-md-02804-DAP. 19-8294.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Gray Dove Church of Peace, et al.; OCSC Case No. 30-2018-00997348. Page 1 of 6 City Council/Public Financing Authority AGENDA August 5, 2019 19-8305.Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, three (3). 19-8316.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources and Mike Baumgartner, Marine Safety Division Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA). 19-8327.Pursuant to Government Code § 54954.5(e), the City Council shall recess into Closed Session to discuss the public employment of the Fire Chief. 19-8388.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claim: Richard Glover v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0123. 19-8419.Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Police Management Association (PMA). 19-843*10.Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: Calif. Dept. of Housing and Community Development v. City of Huntington Beach (HCD); OCSC Case No.: 30-2019-01046493. 6:00 PM – COUNCIL CHAMBERS RECONVENE CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING ROLL CALL Page 2 of 6 City Council/Public Financing Authority AGENDA August 5, 2019 Brenden, Carr, Semeta, Peterson, Posey, Delgleize, Hardy PLEDGE OF ALLEGIANCE 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. 19-66711.Deacon Joe Sullivan of St. Bonaventure Catholic Church and member of the Greater Huntington Beach Interfaith Council CLOSED SESSION REPORT BY CITY ATTORNEY AWARDS AND PRESENTATIONS 19-82212.Mayor Peterson to call on Executive Director Elsa Greenfield and volunteers of the Waymakers Youth Shelter to present commendations to them for their time and talents in making a difference in the lives of its young residents ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) PUBLIC COMMENTS (3 Minute Time Limit) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES CITY MANAGER'S REPORT CITY TREASURER'S REPORT 19-80713.Receive and file the City Treasurer’s June 2019 Quarterly Investment Report Receive and file the City Treasurer’s Quarterly Investment Report for June 2019, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Recommended Action: CONSENT CALENDAR 19-80314.Approve and Adopt Minutes Recommended Action: Page 3 of 6 City Council/Public Financing Authority AGENDA August 5, 2019 A)Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 15, 2019; and, B)Approve and adopt the City Council special meeting minutes dated July 26, 2019. 19-81915.Approve the July 2019 Huntington Beach Strategic Plan Update Approve the July 2019 Strategic Objectives Update as contained within Attachment 1. Recommended Action: 19-81316.Approve recommendations by Council Liaisons Lyn Semeta and Erik Peterson to appoint George Rivera, Robert Binam, and Robert Wentzel to the Personnel Commission Approve the appointment of George Rivera, Robert Binam, and Robert Wentzel with terms effective July 1, 2019 , through June 30, 2021 , as recommended by the Council Liaisons to the Personnel Commission. Recommended Action: 19-83317.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 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 (Chiu) - 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 .” Recommended Action: 19-76218.Approve and authorize execution of a Wireline Crossing Agreement with the Union Pacific Railroad Company for the installation of traffic signal communication conduit on Center Avenue (CC-1489) Approve and authorize the Mayor and City Clerk to execute a “Wireline Crossing Agreement” at Mile Post 519.28, Stanton Industrial Lead, between the Union Pacific Railroad Company and the City of Huntington Beach. Recommended Action: Page 4 of 6 City Council/Public Financing Authority AGENDA August 5, 2019 19-81519.Adopt Ordinance 4185 repealing Huntington Beach Municipal Code Section 2.101 relating to the dissolution of the Allied Arts Board (AAB) Approved for introduction 7/15/2019, Vote: 7-0 Adopt Ordinance 4185, “An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Section 2.101 Allied Arts Board.” Recommended Action: ADMINISTRATIVE ITEMS 19-83520.Adopt Resolution 2019-55 approving a City Manager Employment Agreement Review and consider the proposed City Manager employment agreement, and if appropriate, adopt Resolution 2019-55, “A Resolution of the City Council of the City of Huntington Beach Approving a City Manager Employment Agreement.” Recommended Action: COUNCILMEMBER ITEMS 19-82521.Submitted by Councilmembers Delgleize and Carr - Community Choice Energy Feasibility Study Direct the City Manager and the Public Works Director to complete a Community Choice Energy Feasibility Study and report back to the City Council within six (6) months. Recommended Action: 19-82622.Submitted by Councilmember Posey - Adopting an Annual Work Plan for the Finance Commission Direct the City Manager and the City Attorney to amend the Municipal Code Section 12.109 to reflect (generally) that the Finance Commission: 1.Advise the City Council on financial matters related to the City ’s finances as directed by the City Council. The scope of each task /project assigned to the Commission by the City Council will be defined by the City Council via the Council ’s adoption of a formal Work Plan at least once each year, but the Work Plan can be amended from time to time. Return to the City Council in 90 days with a proposed Municipal Code change. Recommended Action: Page 5 of 6 City Council/Public Financing Authority AGENDA August 5, 2019 COUNCILMEMBER COMMENTS (Not Agendized) ADJOURNMENT The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, [insert date], 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov Page 6 of 6 City of Huntington Beach File #:19-810 MEETING DATE:8/5/2019 Code Enforcement Overview City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-836 MEETING DATE:8/5/2019 Mayor Peterson to announce: Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources; Mike Baumgartner, Marine Safety Division Chief and Robert Handy, Police Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA) and Police Management Association (PMA). City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-827 MEETING DATE:8/5/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:In Re: National Prescription Opiate Litigation; USDC - Ohio Case No. 1:17-md-02804-DAP . City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-829 MEETING DATE:8/5/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. Gray Dove Church of Peace, et al.; OCSC Case No. 30-2018-00997348. City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-830 MEETING DATE:8/5/2019 Pursuant to Government Code § 54956.9(d)(2), the City Council shall recess into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, three (3). City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-831 MEETING DATE:8/5/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator David Kiff, Interim City Manager; also in attendance: Chuck Adams, Interim Chief Financial Officer; Michele Warren, Director of Human Resources and Mike Baumgartner, Marine Safety Division Chief regarding the following: Surf City Lifeguard Employees Association (SCLEA). City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-832 MEETING DATE:8/5/2019 Pursuant to Government Code § 54954.5(e), the City Council shall recess into Closed Session to discuss the public employment of the Fire Chief. City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-838 MEETING DATE:8/5/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following Workers’ Compensation Claim: Richard Glover v. City of Huntington Beach; Workers’ Comp. Case No. COHB-15-0123. City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-841 MEETING DATE:8/5/2019 Pursuant to Government Code § 54957.6, the City Council shall recess into Closed Session to meet with its designated labor negotiator: David Kiff, Interim City Manager; also in attendance: Robert Handy, Police Chief; Chuck Adams, Interim Chief Financial Officer; and Michele Warren, Director of Human Resources regarding the following: Police Management Association (PMA). City of Huntington Beach Printed on 7/31/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-843 MEETING DATE:8/5/2019 Pursuant to Government Code § 54956.9(d)(1), the City Council shall recess into Closed Session to confer with the City Attorney regarding the following lawsuit:Calif. Dept. of Housing and Community Development v. City of Huntington Beach (HCD); OCSC Case No.: 30 -2019-01046493. City of Huntington Beach Printed on 8/1/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-667 MEETING DATE:8/5/2019 Deacon Joe Sullivan of St. Bonaventure Catholic Church and member of the Greater Huntington Beach Interfaith Council City of Huntington Beach Printed on 8/1/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-822 MEETING DATE:8/5/2019 Mayor Peterson to call on Executive Director Elsa Greenfield and volunteers of the Waymakers Youth Shelter to present commendations to them for their time and talents in making a difference in the lives of its young residents City of Huntington Beach Printed on 8/1/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-807 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:Alisa Backstrom, City Treasurer Subject: Receive and file the City Treasurer’s June 2019 Quarterly Investment Report Statement of Issue: Receive and file the City Treasurer’s Quarterly Investment Report for June 2019, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach . Financial Impact: Not applicable. Recommended Action: Receive and file the City Treasurer’s Quarterly Investment Report for June 2019, pursuant to Section 17.0 of the Investment Policy of the City of Huntington Beach. Alternative Action(s): Deny or critique Quarterly Report. Analysis: The City Treasurer’s Quarterly Investment Report for the April - June 2019 Quarter is attached. In summary, the effective rate of return on a portfolio of $267.4 million was 2.21% for the month of June 2019 and 2.00% for the fiscal year to date as of June 30, 2019. Environmental Status: Not applicable Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1.Treasurer’s Quarterly Investment Report for June 2019 City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-807 MEETING DATE:8/5/2019 2.Treasurer’s Quarterly PowerPoint Presentation for June 2019 City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ City of Huntington BeachQuarterly Investment Report Quarter Ending: June 2019 Prepared by: Alisa Backstrom, CCMT, CPFIM, City Treasurer Economic and Market Overview –At June 28, 2019 Continued solid GDP, Mitigated Inflation (< = 2%), Strong equity markets Slowing growth estimates, Trade issues (instability), Dovish interest rate outlook Unemployment stable at 3.7% Federal Reserve maintained interest rates: Fed Funds 2.25%-2.50% Decreasing U.S. Treasury Rates: 12/31/18 6/28/19 % Chg 2-Year Treasury:2.68%1.81%32.5% 10-Year Treasury:2.83%2.07%26.9% Interest Rates –U.S. Treasuries + Fed Funds Fed moved 125bps in 12 months between 12/17 and 12/18 Portfolio SummaryAs of 6/28/19 Investment Type / Market Value: •Federal Agencies - $127.7MM •Corporate Bonds - $54.9MM •Treasury Securities - $15.0MM •LAIF - $53.5MM •IADB - $16.3MM TOTAL PORTFOLIO: $267.4MM Investments by TypeAs of June 29, 2019 Federal Agency Issues , 47.84% Local Agency Investment Fund , 20.10% Treasury Securities - Coupon, 5.60% Medium Term Notes - IADB, 6.08% Corporate Bonds , 20.38% % of Portfolio Monthly Activity: Quarterly Activity: Purchases/Deposits: •$8 million Federal Agencies •$14 million LAIF Deposit Total: $22 million Calls/Maturities: •$22 million Federal Agencies •$3 million Commercial Paper Total: $25 million Purchases/Deposits: •$13 million Federal Agencies •$57.2 million LAIF Deposit •$10 million Corporate Bonds Total: $80.2 million Calls/Maturities: •$32 million Federal Agencies •$16 million LAIF withdrawals •$3 million Corporate Bonds •$3 million Commercial Paper Total: $54 million Portfolio Earnings -As of June 28, 2019 Current Year - Month June, 2019:$452,757 93% vs. last year: $234,383 Current Fiscal Year 2018/19 Through 6/28/19:$4,541,948 45% vs. last year:$3,122,142 Effective Rate of Return June 2019: 2.21% Fiscal Year: 2.00% Notes Purchase Yield: 2.25% Forward-looking measurement Interest Rates (volatile) versus Portfolio Yield (smooth) +150bps +60bps 1.40% to 2.25% (+85bps) Selected Investment Policy Compliance Requirements INVESTMENT TYPE MAXIMUM MATURITY MAXIMUM SPECIFIED % OF PORTFOLIO/ MAXIMUM PER ISSUER MINIMUM QUALITY REQUIREMENTS IN COMPLIANCE? Commercial Paper 270 days 25%/10%A1, "A" Rating YES U.S. Treasury Obligations 5 years None None YES U.S. Government Agency Obligations 5 years None None YES IBRD, IFC, IDB 5 years 10%"AA" Rating YES Corporate Notes 5 years 30%/10%"A" Rating YES Local Agency Investment Fund (LAIF)N/A Up to $65,000,000 None YES Maximim Maturities No more than 50% of portfolio maturing over 4 years.YESThe portfolio is in compliance with all relevant State regulations and the City’s Investment Policy City of Huntington Beach File #:19-803 MEETING DATE:8/5/2019 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO:Honorable Mayor and City Council Members SUBMITTED BY:Robin Estanislau, CMC, City Clerk PREPARED BY:Robin Estanislau, CMC, City Clerk Subject: Approve and Adopt Minutes Statement of Issue: The City Council/Public Financing Authority regular meeting minutes of July 15, 2019, and the City Council special meeting minutes of July 26, 2019, require review and approval. Financial Impact: None. Recommended Action: A)Approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 15, 2019; and, B)Approve and adopt the City Council special meeting minutes dated July 26, 2019. 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.July 15, 2019 CC/PFA Regular Meeting Minutes 2.July 26, 2019 CC Special Meeting Minutes City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-803 MEETING DATE:8/5/2019 City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ Minutes City Council/Public Financing Authority City of Huntington Beach Monday, July 15, 2019 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 www.surfcity-hb.org/government/agendas/ 4:00 PM - COUNCIL CHAMBERS CALLED TO ORDER — 4:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council agenda packet: Study Session Item No. 1 (19-782) A PowerPoint communication submitted by Marie Knight, Community Services Director, entitled Enhancing our Parks — Proposition 68 Competitive Funding Opportunities. Item No. 2 (19-630) A PowerPoint communication submitted by Ursula Luna-Reynosa, Community Development Director, entitled RHNA Process Overview. PUBLIC COMMENTS PERTAINING TO STUDY SESSION / CLOSED SESSION ITEMS (3 Minute Time Limit) — None STUDY SESSION 1. 19-782 Presentation on Proposition 68 Competitive Projects Marie Knight, Community Services Director, presented a PowerPoint communication entitled Enhancing Our Parks - Proposition 68 Competitive Funding Opportunities with slides entitled: Proposition Overview; Schedule of Key Dates; Project Eligibility; Grant Criteria; Huntington Beach Eligibility; Proposed Park Sites; Selected Parks; Location Maps; Carr Park - Sites Characteristics and Needs; Carr Park Site Photos; Drew Park - Site Characteristics and Needs; Drew Park Site Photos; Schroder Park - Site Characteristics and Needs; Schroder Park Site Photos; Themed Playground Examples (3); Public Council/PFA Regular Minutes July 15, 2019 Page 2 of 14 Process; Community Engagement: Interactive Input; Prop 68 - Green Infrastructure Grant; and Questions. Councilmember Posey and Director Knight discussed possible sources of funding, and how the City's status of not being "park poor" reduces the likelihood to be considered "competitive" or qualified for consideration for funding. Director Knight explained most park grants are not available for rehabilitation of existing parks, and indicated she will update Council on the process once the awards are announced which should occur before the end of the year. Councilmember Delgleize and Director Knight discussed the possibility of working with the School Districts for those parks on school grounds. Councilmember Carr confirmed with Director Knight that the on-line survey Proposition 68 link can be found on the City's website, on the Community Services page. This survey will be available through August 2nd. Councilmember Carr and Director Knight also discussed the upcoming "per capita" funding opportunities for which criteria details have not yet been released. Councilmember Hardy and Director Knight discussed various sustainability options might be available for grant funds. 2. 19-630 Regional Housing Need Allocation Update Ursula Luna-Reynosa, Community Development Director; Nicole Aube, Associate Planner; and Jane James, Planning Manager, jointly presented a PowerPoint communication entitled RHNA Process Overview with slides entitled: City Council Direction; Regional Housing Needs (RHNA); What is an eligible RHNA unit?; Planning Target or Production Target?; 5th Cycle Noncompliance; 6th Cycle RHNA Overview; New 6th Cycle RHNA methodology; 6th Cycle RHNA Timeline; Status of RHNA Subcommittee; Opportunities for Engagement; and Questions. Mayor Pro Tem Semeta explained that when the California Department of Housing and Community Development (HCD) provides the overall numbers for a Southern California Association of Government (SCAG) Region, only SCAG can appeal the numbers, not the individual cities. Councilmember Hardy and Director Luna-Reynosa discussed the kinds of documentation required for an appeal, the new process that may allow for inter-city coordination and opportunities that might change during the course of a cycle. Councilmember Hardy acknowledged the dedication and efforts of the Planning Department, which resulted in the City of Huntington Beach being the first city to have their Housing Element certified. Councilmember Delgleize expressed a desire to see monthly updates, and reviewed with staff the requirements for an eligible RHNA unit. Councilmember Posey and staff discussed whether Proposition 68 funding requires a Certified Housing Element, and Councilmember Posey explained some objection details he and Mayor Pro Tem Semeta have presented as RHNA Liaisons. Councilmember Posey and staff discussed conditions that may affect the RHNA numbers when moving from one cycle to the next, and possibly impacted by new legislation. Council/PFA Regular Minutes July 15, 2019 Page 3 of 14 Councilmember Brenden expressed his support for monthly updates and suggested that the timeline milestones should determine the type of update, i.e., whether a written report, or Study Session presentation. Mayor Pro Tem Semeta and staff discussed a snapshot of possible RHNA numbers based on two potential scenarios, and noted the potential for a major increase in the RHNA numbers. Mayor Pro Tem Semeta asked for a Council consensus to direct staff to continue to provide public comment letters at the appropriate times to the RHNA Subcommittee. Mayor Peterson supported the request as long as either Mayor Pro Tem Semeta or Councilmember Posey review and approve the letters as RHNA Liaisons. Councilmembers Posey and Hardy discussed the potential for multi-jurisdictional cooperation, a process whereby adjoining cities can work together on RHNA distribution. Staff explained that the opportunity for a sub-regional delegation had been explored, and all Orange County Council of Governments (OCCOG) cities chose to not work collectively, and therefore that process is no longer available. Mayor Peterson and staff discussed the current shortage of RHNA units is 410. Mayor Peterson and Interim City Manager Kiff agreed that the monthly RHNA update will be part of the City Manager's Report. A motion was made by Posey, second Hardy, to recess to Closed Session for Item Nos. 3 – 7. With no objections, the motion carried. RECESSED TO CLOSED SESSION CLOSED SESSION 3. 19-774 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652. 4. 19-775 Pursuant to Government Code § 54956.9(d)(2), the City Council recessed into Closed Session to confer with the City Attorney regarding potential litigation. Number of cases, two (2). 5. 19-776 Pursuant to Government Code § 54954.5(e), the City Council recessed into Closed Session to discuss the public employment of City Manager 6. 19-786 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Tomasz Wysokinksi v. City of Huntington Beach; COHB-95-0139, ADJ4132089. 7. 19-787 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: Gabriel Ricci v. City of Huntington Beach; COHB-18-0081. Council/PFA Regular Minutes July 15, 2019 Page 4 of 14 6:00 PM - COUNCIL CHAMBERS RECONVENED CITY COUNCIL/PUBLIC FINANCING AUTHORITY MEETING — 6:00 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy Absent: None PLEDGE OF ALLEGIANCE — Led by Interim City Manager Dave Kiff INVOCATION 8. 19-641 Deacon Tom Concitis of the Greater Huntington Beach Interfaith Council 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. CLOSED SESSION REPORT BY CITY ATTORNEY — City Attorney Michael Gates announced that Closed Session Item No. 5 (19-775), regarding the public employment of the City Manager, was not discussed during Closed Session. AWARDS AND PRESENTATIONS 9. 19-729 Mayor Peterson called on Victoria Alberty to present the Adoptable Pet of the Month. 10. 19-724 Mayor Peterson called on Community Services Director Marie Knight who proclaimed July as National Parks and Recreation Month. Director Knight thanked the staff of both Public Works and Community Services Departments for the success of the many centers and programs offering activities to the community throughout the year. Director Knight introduced Assistant Planner Nashya Sadono, Project Manager, who described the KaBOOM Grant and process to create a dream playground for the Oak View neighborhood, which included two preparation days and one build day. Over 300 volunteers participated in the process, which was funded by Yokohama, and required over two months of planning. Director Knight thanked Christina Weise, Marketing and Communications Specialist, Yokohama Tire Corporation, as the main funding partner; Jessica Escalante, Children's Bureau, and Anna Clara, Oakview Community, for their important participation in this very successful project. 11. 19-725 Mayor Peterson called on Marine Safety Chief Mike Baumgartner and Junior Lifeguard Coordinator Mike Eich who recognized the Junior Guard Educational Exchange Team managers from Tiarua and Piha, New Zealand, who made a presentation to the City of Huntington Beach. Chief Baumgartner described the Junior Guard Exchange program and introduced Coordinator Eich who introduced the two Team Managers from New Zealand. The Team Managers described their volunteer Council/PFA Regular Minutes July 15, 2019 Page 5 of 14 lifeguard program and presented a plaque of appreciation for the 2019 Exchange opportunity. Approximately 40 lifeguards, 14 - 17 years of age, from New Zealand participated in this year's program. 12. 19-726 Mayor Peterson presented commendations to members who participated and completed the City’s 3rd Annual Citizens Academy. Mayor Peterson briefly described the City's Annual Citizens Academy and introduced the third class of graduates, several of whom publically expressed appreciation for the great program. 13. 19-728 Mayor Peterson called on Fire Chief David Segura who presented the Mayor’s Award to Administrative Assistant Lorene Ernst. Chief Segura introduced his Administrative Assistant Lorene Ernst and described her commitment to the City and Fire Department staff as “above and beyond” as exhibited by her attention to details and keeping the Chief on task. She also volunteers with non-profit organizations like the Youth Shelter and 3-1 Marines. Chief Segura thanked Lorene’s family for their support, especially when he was hired and Lorene changed a planned family vacation to ensure she was at the office to ensure a successful onboarding process for him. ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, City Clerk Robin Estanislau announced supplemental communications received by her office following distribution of the Council agenda packet: City Manager's Report Item No. 14 (19-783), a PowerPoint communication submitted by Travis Hopkins, Interim Assistant City Manager, entitled Ascon Landfill Site Update. Consent Calendar Item No. 17 (19-769), Email communication by Interim City Manager Dave Kiff requesting to delay action on #F (Resolution No. 2019-51 supporting maintaining local control of energy solutions). Item No. 22 (19-760), Communication submitted by Behzad Zamanian, Chief Information Officer, requesting to remove Consent Item No. 22 from the agenda. Item No. 24 (19-731), Four (4) email communications received regarding proposed Residential Permit Parking District "Y". PUBLIC COMMENTS (3 Minute Time Limit) The number [hh:mm:ss] following the speakers' comments indicates their approximate starting time in the archived video located at http://www.surfcity-hb.org/government/agendas. Alexander C. Gonzales, Field Representative for Congressman Harley Rouda, was called to speak and reviewed the Congressman's accomplishments for the last six (6) months, and encouraged the residents of Huntington Beach to visit their website and not hesitate to communicate questions or concerns. (01:36:22) Kathryn Levassuir, Founding Member of the Short Term Rental Alliance, was called to speak and stated her support for Consent Calendar Item No. 16 (19-750) regarding the Strategic Plan Update that includes the Short Term Rental Study Session. Kathryn was joined by her grandson Donovan, who greeted the Council/PFA Regular Minutes July 15, 2019 Page 6 of 14 Mayor while Kathryn expressed Donovan’s appreciation for the Sand Crabs program he is participating in this summer. (01:38:12) Betty Cox, a resident of Huntington Beach since 1976, was called to speak and shared her concerns about the increasing fireworks noise and suggested a zero tolerance policy for Huntington Beach. (01:39:06) Rosemary Daley, a resident of Huntington Beach for 18 years, was called to speak and shared her concerns about the increasing fireworks noise and stated support for Ms. Cox's comments. (01:42:34) Gerald Chapman was called to speak and shared his concerns about what he sees as the lack of enforcement for illegal fireworks, and asked the City to act before a home is lost due to the use of illegal fireworks. (01:45:44) Chuck Whitchurch, a resident since 1967, was called to speak and shared his concerns about the increasing fireworks noise and negative effects on people and pets, and support for the comments made by the previous speakers on this topic. (01:48:05) Eric Richmond Massey was called to speak and shared situations of personal harassment, sting operations and defamation that in his opinion were triggered by false accusations. (01:50:32) Joe Lascola was called to speak and produced evidence of the non-Safe and Sane fireworks he found on his property on July 5th, and encouraged the City Council to make changes to provide for a much safer July 4th celebration for people and pets. (01:53:42) Rick Huong, a 12-year resident, was called to speak and stated his support for Consent Calendar Item No. 24 (19-731) regarding establishing Permit Parking District "Y". (01:56:41) Amory Hanson, a Candidate for City Council in 2020 and Member of the Historic Resources Board (HRB), was called to speak and stated his support for Consent Calendar Item No. 27 (19-761) regarding approving the withdrawal of the City from the Public Cable Television Authority (PCTA). (02:00:05) Amber was called to speak and shared her concerns about Ascon remediation project effecting the safety of Edison High School students, staff and Edison Park visitors. (02:01:39) COUNCIL COMMITTEE - APPOINTMENTS - LIAISON REPORTS, AB 1234 REPORTING, AND OPENNESS IN NEGOTIATIONS DISCLOSURES Councilmember Brenden reported attending meetings of the Human Relations Task Force, Communications Committee, Central Park Subcommittee, Orange County Senior Citizens Advisory Committee, and the Senior Citizens Advisory Subcommittee on Legislative Issues meetings. Councilmember Brenden also reported having a conversation with the Huntington Beach Police Officers' Association (HBPOA). Councilmember Carr reported attending an Orange Coast River Park meeting, and being a speaker at the Chamber of Commerce AM Connect Breakfast. Councilmember Posey reported attending the Orange County Business Council (OCBC) Workforce Housing Forum, the Association of California Cities - Orange County (ACC-OC) Housing Ad Hoc Council/PFA Regular Minutes July 15, 2019 Page 7 of 14 Committee meeting, two Orange County Parks Commissioner trips: one to Newport Bay Conservancy Interpretive Center, and a tour of Newport Harbor with Orange County Sheriff Harbor Patrol. Councilmember Delgleize reported also attending the Orange County Business Council (OCBC) Workforce Housing Forum, a Central Park Subcommittee meeting, and the Association of California Cities - Orange County (ACC-OC) Board Strategic Planning meeting. Mayor Peterson announced that beginning July 23 Surf City TV begins broadcasting and encouraged the community to participate in the survey at www.huntingtonbeachca.gov to help determine programming options. CITY MANAGER’S REPORT 14. 19-783 Interim City Manager Kiff provided an update on the Ascon Landfill remediation project; Police Chief Handy and Fire Chief Segura provided a recap of activities related to the July 4, 2019 holiday. Interim City Manager, Dave Kiff, presented a PowerPoint communication entitled Ascon Landfill Site Update (3), and reminded everyone that this is a private sector site controlled by the Department of Toxic Substance Control (DTSC), not the City. Councilmember Brenden and Interim Assistant City Manager Travis Hopkins discussed the air quality monitoring equipment and processes used to ensure the safety of the environment. Councilmember Hardy asked Interim Assistant City Manager Hopkins to read aloud the site website, which is www.asconhb.com. Councilmember Carr and Interim City Manager Kiff discussed the responsibilities and City's expectations of the Technical Advisor, and how often residents can expect informational meetings to be held by the Department of Toxic Substance Control (DTSC), Ascon and/or the Air Quality Management District (AQMD). Mayor Pro Tem Semeta and Interim City Manager Kiff discussed some of the new compounds being added to the monitoring process, and Mayor Pro Tem Semeta assured the public that there would be an update on the project at each Council meeting going forward until project completion. Councilmember Delgleize encouraged concerned residents to sign up for email updates on the Ascon website at www.asconhb.com. Robert Handy, Chief of Police, provided an update on the 4th of July activities, including the fact that residents in some areas of the City reported improved conditions this year, while residents of other areas reported worse conditions than in the past. Chief Handy provided an overview of the Police Department efforts to keep the City safe, including the seizure of over 1,000 pounds of illegal fireworks, and four (4) illegal fireworks citations on July 4th with a $500 fine each. The number of calls to the Police Department this year, specifically regarding fireworks complaints, dropped by about twenty-six percent (26%) this year compared to last year. David Segura, Fire Chief, provided a 4th of July update including the fact that there were no reported injuries related to fireworks. Chief Segura reported there were many emergency calls, and four fires due Council/PFA Regular Minutes July 15, 2019 Page 8 of 14 to improperly discarded fireworks. Chief Segura added that the support provided by neighboring cities provided adequate service at all times, adding that Marine Safety had a very busy day on the beach, but there were no significant injuries. Police Chief Handy stated that the success of all July 4th events is a testament to the outstanding team effort of staff from Public Works, Community Services, Marine Safety, Police and Fire Departments, as well as Federal agencies. Councilmember Delgleize and Chief Handy discussed the Police Department efforts to reach out in situations reported by the residents as possible illegal fireworks activity. Chief Handy reported there were 34 face-to-face contacts before July 4th this year with people who were suspected in the past of illegal fireworks activity. Councilmember Brenden and Chief Handy discussed the fine schedule, which doubles on July 4th. Councilmember Brenden requested a follow-up report that compares the City's fine schedule with surrounding communities, as well as what steps Huntington Beach takes to post and/or hand out information on the dangers of Safe and Sane and particularly illegal fireworks, and Chief Handy agreed to respond by memo to all Council members. Councilmember Brenden also suggested that firework safety information could be included with utility bills in June. Mayor Pro Tem Semeta stated that with Surf City TV, it should be possible to broadcast Public Service Announcements regarding July 4th safety. CONSENT CALENDAR Councilmember Hardy pulled Consent Calendar Item No. 17 (F) regarding Maintaining Local Control of Energy Solutions for further discussion. 15. 19-723 Approved and Adopted Minutes A motion was made by Posey, second Delgleize to approve and adopt the City Council/Public Financing Authority regular meeting minutes dated June 17, 2019; and, approve and adopt the City Council special meeting minutes dated June 29, 2019; and, approve and adopt the City Council/Public Financing Authority regular meeting minutes dated July 1, 2019. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 16. 19-750 Approved the June 2019 City of Huntington Beach Strategic Plan Update A motion was made by Posey, second Delgleize to approve the June 2019 Strategic Objectives Update as contained within Attachment 1. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None Council/PFA Regular Minutes July 15, 2019 Page 9 of 14 17. 19-769 Took City Council Positions on Legislation Pending Before Congress and the State Legislature as Recommended by the City Council Intergovernmental Relations Committee (IRC); and CONTINUED TO THE NEXT IRC MEETING request to adopt Resolution No. 2019-51 (Maintaining Local Control of Energy Solutions) Councilmember Hardy pulled this Item to clarify that a Gas Company representative attended the Intergovernmental Relations Committee (IRC) meeting but the Southern California Edison (SCE) representative was not able to attend, and she asked to delay the vote on Resolution No. 2019-51 to allow time for SCE to present their position on this item. Councilmember Hardy stated that in her opinion, there is no urgency to adopt the proposed Resolution, and therefore she supports honoring SCE's request to allow for their presentation to the IRC. Councilmember Posey expressed his opinion there is no need to delay the vote, and explained that the issue is whether the City wants to continue to allow local customers the ability to buy natural gas vs going one hundred percent (100%) electricity. Councilmember Posey stated his effort is to ensure local control of the issue and local consumer choice by supporting the adoption of Resolution No. 2019-51. Councilmember Delgleize stated she had attended a presentation on this issue by both the Gas Company and SCE and she supports delaying the Council's vote until both the Gas Company and SCE can respond to the IRC. Councilmember Carr stated her current intention is to support the adoption of Resolution No. 2019-51 to allow for local energy source choice, but she is open to the opportunity to consider additional information. Councilmember Brenden stated his support for allowing the SCE representative to make their presentation to the IRC. A motion was made by Posey, second Delgleize to approve a City position of Support on S. 2012 “Restoring Local Control Over Public Infrastructure Act”; a City position of Support on Assembly Bill 1779 (Daly) – Recovery Residences; a City position of Support if Amended on Senate Bill 438 (Hertzberg) – Emergency Medical Services: Dispatch; a City position of Support on Senate Bill 667 (Hueso) – Recycling Infrastructure; and, a City position of Oppose on Senate Bill 330 (Skinner) – Housing Crisis Act of 2019. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None A motion was made by Posey, second Peterson to adopt Resolution No. 2019-15, "A Resolution of the City Council of the City of Huntington Beach Supporting Maintaining Local Control of Energy Solutions." The motion failed by the following vote: AYES: Peterson, and Posey NOES: Brenden, Carr, Semeta, Delgleize, and Hardy Council/PFA Regular Minutes July 15, 2019 Page 10 of 14 A motion was made by Hardy, second Brenden to continue to the next IRC meeting the adoption of Resolution No. 2019-51, “A Resolution of the City Council of the City of Huntington Beach Supporting Maintaining Local Control of Energy Solutions.” The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 18. 19-747 Approved the Appointment of Jeffrey Dahl to the Design Review Board as recommended by Council Liaisons Mayor Peterson, and Mayor Pro Tem Semeta A motion was made by Posey, second Delgleize to approve the appointment of Jeffrey Dahl to the Design Review Board for a term to expire on July 2023. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 19. 19-763 Approved the reappointment of Richard Moore and Faith Vogel for an additional term to the Library Board as recommended by Council Liaisons Carr and Hardy A motion was made by Posey, second Delgleize to approve reappointment of Richard Moore and Faith Vogel for an additional term to the Library Board effective July 1, 2019 through June 30, 2023. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 20. 19-742 Awarded and authorized execution of a construction contract with Corral Construction and Development, Inc. in the amount of $141,999 for the Central Library Restroom Access Compliance, MSC-528. A motion was made by Posey, second Delgleize to accept the lowest responsive and responsible bid submitted by Corral Construction and Development, Inc. in the amount of $141,999; and, authorize project contingency expense not to exceed $28,400; and, authorize the Mayor and City Clerk to execute a construction contract in a form approved by the City Attorney. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 21. 19-745 Approved and authorized execution of Amendment #1 to the Professional Services Agreement with Enterprise Automation for On-Call Engineering Services for Water and Wastewater Supervisory Control and Data Acquisition (SCADA) system in the amount of $300,000 and extending the term one year Council/PFA Regular Minutes July 15, 2019 Page 11 of 14 A motion was made by Posey, second Delgleize to approve and authorize the Mayor and City Clerk to execute "Amendment No. 1 to Agreement between the City of Huntington Beach and Enterprise Automation for On-Call Engineering Services for Water and Wastewater SCADA System." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 22. 19-760 ITEM WITHDRAWN Approve and authorize execution of Amendment No. 2 to Professional Services Agreement with Go-Live Technology, Inc. in the amount of $60,000 for the Citywide Enterprise Land Management (ELM) implementation, and approve and authorize an increase in the Information Services Professional Service listing authority by $60,000 23. 19-766 Approved a Ten-Year Lease Agreement with Kathy May’s Restaurant in Huntington Central Park located at 6622 Lakeview Drive A motion was made by Posey, second Delgleize to approve the "Lease Agreement between the City of Huntington Beach and Kathy May's Restaurant, Inc.", for the restaurant building located 6622 Lakeview Drive in Huntington Beach; and, authorize the Mayor and City Clerk to execute the Lease Agreement on behalf of the City. The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 24. 19-731 Adopted Resolution No. 2019-46 establishing Permit Parking District "Y" affecting residents on Marken Lane between Slater Avenue and Holland Drive A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-46, "A Resolution of the City Council of the City of Huntington Beach Establishing Permit Parking District "Y" Within the City of Huntington Beach." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 25. 19-757 Adopted Resolution No. 2019-48 confirming reports of cost for weed abatement on private property within the City for the 2019 season A motion was made by Posey, second Delgleize to adopt Resolution No.2019-48, "A Resolution of the City Council of the City of Huntington Beach Confirming the Report of the Public Works Director Regarding the Cost for Weed Abatement on Private Property Within the City for the 2019 Season"; and, direct that all charges listed thereon be certified to the Orange County 2019/20 Property Tax Roll. Council/PFA Regular Minutes July 15, 2019 Page 12 of 14 The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 26. 19-759 Adopted Resolution No. 2019-49 Approving the Certification of Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-49, "A Resolution of the City Council of the City of Huntington Beach Certifying Special Assessments for Collecting Delinquent Civil Fines for Nuisance Violations of the Municipal Code." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None 27. 19-761 Adopted Resolution No. 2019-47 Approving the Withdrawal of the City from the Public Cable Television Authority A motion was made by Posey, second Delgleize to adopt Resolution No. 2019-47 “A Resolution of the City Council of the City of Huntington Beach Approving the Withdrawal of the City from the Public Cable Television Authority.” The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None ORDINANCES FOR INTRODUCTION 28. 19-767 Approved for introduction Ordinance 4185 repealing Huntington Beach Municipal Code Section 2.101 relating to the dissolution of the Allied Arts Board (AAB) Interim City Manager David Kiff introduced this item and stated staff was available to answer any questions. Mayor Pro Tem Semeta thanked all present and past members of the Allied Arts Board for their service to the community, and shared that the next step for the City is the finalization of the Public Art Master Plan. Community Services Director Marie Knight shared the process and expected timeline, including future monthly progress reports. Councilmember Posey shared his perception that dissolving the Allied Arts Board makes it appear on the surface that there will no longer be a focus on "arts and cultural affairs" as described in the purpose of the Allied Arts Board, and asked how the Public Art Master Plan will provide for a continued focus on "arts and cultural affairs". Director Knight shared that under the guidance of the hired consultant, it is expected that the community engagement process will define "arts and cultural affairs" for the Public Art Master Plan. Council/PFA Regular Minutes July 15, 2019 Page 13 of 14 Director Knight and Mayor Pro Tem Semeta listed many of the other organizations within the City that also focus on arts and cultural affairs. Director Knight noted that the current members of the Allied Arts Board are on board with this next step and many of them remain actively involved in supporting this effort. Councilmember Carr stated her concern about dissolving the Allied Arts Board before the Public Art Master Plan is in place, and supports the need to have monthly updates as the plan progresses. Councilmember Delgleize, as a former member of the Allied Arts Board, expressed her appreciation for what the Board has accomplished through the years and shared her expectation that the Public Art Master Plan will be inclusive of "arts", and thanked Staff Liaison Kate Hoffman, Cultural Affairs Supervisor, for her part in the expansion and growth of the focus on art. Mayor Pro Tem Semeta recognized the current Allied Arts Board members Celeste Hamil, Pati Kent, Paula Lazicki, Kara & Matt Rudin, Catherine Stip and Hek Valdez. A motion was made by Brenden, second Hardy to, after the City Clerk reads by title, approve for introduction Ordinance 4185, "An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Section 2.101 Allied Arts Board." The motion carried by the following vote: AYES: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy NOES: None COUNCILMEMBER COMMENTS (Not Agendized) Councilmember Hardy reported participating in the EBS Products local business visit, and thanked the July 4th Parade Board, Public Safety, Public Works, Community Services, Police and Fire staff members, as well as the many volunteers for their work in providing another great July 4th event. Councilmember Brenden reported attending THE BASH, July 3rd Community Block Party @ 5th and PCH, July 4th Pancake Breakfast, Surf City 5K Run, Parade, and Fireworks Show, 56th Annual Sunset Beach Pancake Breakfast, Council on Aging Concert at the Senior Center, and working with Curtis Black on his Boy Scout Citizenship Pin/Badge. Councilmember Delgleize reported attending THE BASH, July 3rd Community Block Party @ 5th and PCH, July 4th events, the Huntington Beach Citizens Academy Session 10 - Finance, the Huntington Beach Fire Department 2019 Promotional Badge Pinning Ceremony, and the League of California Cities - Orange County Division General Membership meeting for an update on homelessness presented by California State Assembly Member Sharon Quirk-Silva. Councilmember Carr reported attending THE BASH, July 3rd Community Block Party @ 5th and PCH, July 4th events, the Southwest & Downtown Area Police Update, the League of California Cities - Orange County Division General Membership meeting for an update on homelessness presented by California State Assembly Member Sharon Quirk-Silva, the 56th Annual Sunset Beach Pancake Breakfast, and visited Wise Place, a women's homeless shelter in Santa Ana. Council/PFA Regular Minutes July 15, 2019 Page 14 of 14 Councilmember Posey reported attending THE BASH, July 3rd Community Block Party @ 5th and PCH, July 4th events, Orange County Business Council (OCBC) 2019 Workforce Housing Forum, and reminded everyone that the Housing Production/Jobs Production Score Card for Orange County can be found at www.ocbc.org/research. Mayor Pro Tem Semeta congratulated Stacey Hopper, the 4th of July Board, the volunteers and City staff for another amazing July 4th experience, and noted that she had received a number of emails from members of the community expressing appreciation for an awesome parade. Mayor Peterson reported presenting the National Scholastic Surfing Association (NSSA) Mayor's Cup to Luana Silva, Women's Open winner, and Taj Lindblad, Mens Open winner. NSSA has been in Huntington Beach for 41 years and promotes discipline and competitive excellence while supporting the merits of academic achievement for young surfers. Mayor Peterson also reported attending THE BASH, July 3rd Community Block Party @ 5th and PCH, July 4th events, Eagle Scout Court of Honor for Toby Isaiah Elliott, and the Huntington Beach Fire Department 2019 Promotional Badge Pinning Ceremony. Mayor Peterson explained that the City actually charges for certain services it provides for the July 4th Parade. ADJOURNMENT — 8:12 PM to a Special Meeting of the City Council scheduled for 1:30 PM, Friday, July 26, 2019 at Huntington Central Library, 7111 Talbert Avenue, Huntington Beach, CA. The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is scheduled for Monday, August 5, 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ______________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Secretary of the Public Financing Authority of the City of Huntington Beach, California ATTEST: _______________________________ City Clerk-Secretary ______________________________________ Mayor-Chair Minutes City Council Special Meeting City of Huntington Beach Friday, July 26, 2019 12:30 PM – Huntington Central Library Talbert Room 7111 Talbert Avenue Huntington Beach, California 92648 12:30 PM — Huntington Central Library, Talbert Room SPECIAL MEETING CALLED TO ORDER — 12:30 PM ROLL CALL Present: Brenden, Carr, Semeta, Peterson, Posey, Delgleize, and Hardy ANNOUNCEMENT OF SUPPLEMENTAL COMMUNICATIONS (Received After Agenda Distribution) Pursuant to the Brown "Open Meetings" Act, Assistant City Clerk Patty Esparza announced no supplemental communications were received by her office following distribution of the Council Agenda packet. PUBLIC COMMENTS PERTAINING TO CLOSED SESSION ITEM(S) (3 Minute Time Limit) — None. RECESSED TO CLOSED SESSION – 12:31 PM A motion was made by Posey, second Semeta, to recess to Closed Session Item Nos. 1 and 2. CLOSED SESSION 1. 19-816 Pursuant to Government Code § 54956.9(d)(1), the City Council recessed into Closed Session to confer with the City Attorney regarding the following lawsuit: City of Huntington Beach v. City of Fountain Valley, et al. (PCTA); OCSC Case No. 30-2019-01071652. 1. 2. 19-777 Pursuant to Government Code Section 54957(b)(1), the City Council recessed to Closed Session to discuss the following personnel matter: Public Employment - City Manager Interviews. Candidate interviews were scheduled to begin after 1:00 p.m. and continue until late afternoon. RECONVENED CITY COUNCIL MEETING – 5:41 PM CLOSED SESSION REPORT BY CITY ATTORNEY – None ADJOURNED – 5:42 PM Council Special Meeting Minutes July 26, 2019 Page 2 of 2 The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Monday, August 5 2019, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIL/PUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www.huntingtonbeachca.gov ________________________________________ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach ATTEST: ______________________________________ City Clerk ______________________________________ Mayor City of Huntington Beach File #:19-819 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: Approve the July 2019 Huntington Beach Strategic Plan Update Statement of Issue: The City Council held a Strategic Planning Retreat on February 7, 2019, in which the City Council developed 20 Strategic Objectives based on four (4) Strategic Plan Goals. The Strategic Objectives were reviewed in a public meeting and through consensus by the City Council Members present, were compiled into a draft Strategic Objectives Grid. The Strategic Objectives were brought forth to City Council for approval on March 4, 2019. Financial Impact: Not applicable. Individual Strategic Objectives which have a budgetary impact will be considered separately. Recommended Action: Approve the July 2019 Strategic Objectives Update as contained within Attachment 1. Alternative Action(s): Amend or reject the Strategic Objectives Update and direct staff accordingly. Analysis: In 2009, the City Council began an annual strategic planning process to develop consensus on a Mission Statement, Three-Year Goals, and corresponding Priority Strategic Objectives. This process is ongoing and is a critical component of maintaining the City in a fiscally sustainable manner. In fulfilling this process, the City Council met on February 7, 2019, to review and update the Three-Year Goals and their Priority Strategic Objectives. The Three-Year Goals are organized into four categories as follows: ⁻Enhance and Maintain High Quality City Services ⁻Enhance and Maintain the Infrastructure ⁻Strengthen Long-Term Financial and Economic Sustainability ⁻Enhance and Modernize Public Safety Service Delivery City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-819 MEETING DATE:8/5/2019 Each of these categories includes a list of Six-Month Strategic Objectives. The Strategic Objectives contained in the matrix all gained consensus at the Strategic Planning Retreat. Additionally, the Strategic Objectives were brought forth to City Council on March 4, 2019, where they were approved in their entirety. The attached Strategic Objectives Matrix contains a status and comments column that are updated to reflect the most recent activity on each item that was identified at the Council Strategic Planning Session. The status is reported to the City Council each month. Environmental Status: Not Applicable. Strategic Plan Goal: Enhance and Maintain High Quality Services Enhance and Maintain the Infrastructure Strengthen Long-Term Financial and Economic Sustainability Enhance and Modernize Public Safety Service Delivery Attachment(s): 1.City of Huntington Beach Strategic Objectives -July 2019 Update City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ A CITY OF HUNTINGTON BEACH 12-MONTH STRATEGIC OBJECTIVES February 7, 2019 – February 1, 2020 August 5, 2019 Update THREE-YEAR GOAL:Enhance and maintain high quality City services WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By May July Sept 15, 2019 Economic Development Deputy Director and Police Chief Present to the City Council for action an updated plan for addressing homelessness and report the results to the City Council.X Staff is currently updating the Plan to Address Homelessness, including community input for future City Council consideration and implementation. 2. By July 1, 2019 October 15, 2019 Economic Development Deputy Director working with the Chief Financial Officer Develop and present to the City Council for consideration participation in the Orange County Housing Finance Trust. X The Orange County Housing Finance Trust was adopted by the County of Orange in March 2019. About 18 cities have joined the trust. 3. By August 1, 2019 Oct. 1, 2019 Community Services Director (lead), City Manager and City Attorney Review current municipal codes related to community services and provide to the City Council recommendations that would allow the City to enhance public services. X Community Services & Police Department have met to identify specific codes in need of revisions. 4. By Oct. 1, 2019 Human Resources Director, with input from each Department Director Review and evaluate the results of the Succession Planning Survey and provide a summary report, with recommendations, to the City Council for review and evaluation. X Staff presented recommendations in the context of FY 2019-20 Proposed Budget discussion for certain components and departments. Additional recommendations are forthcoming. B 5. By August 1, 2019 Assistant to the City Manager working with the Assistant City Manager, Information Services Director, Chief Financial Officer and Public Information Officer Present to the City Council a plan for the transition out of PCTA (Public Cable Television Authority). X City of Huntington Beach operation of HB Channel 3 went live July 23 6. By August 15, 2019 By November 2019 Community Services Director Present to the City Council at a study session the draft Public Art Master Plan. X Working with CAO and CM’s office on finalized agreement with consultant services. Update will be provided by November 2019 7. By December 15, 2019 Community Development Director Bring Phase II of the Zoning Code update to the City Council for consideration. X C THREE-YEAR GOAL:Enhance and maintain the infrastructure WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June 1, 2019 Public Works Director, working with the Community Services Director Utilizing the Parks Master Plan, prioritize next year’s proposed improvements and present to the City Council as a part of the 2019-2020 budget. X Proposed park improvements are included in the 2019-20 Proposed Budget. 2. By Sept. 1, 2019 Assistant City Manager (lead), Chief Information Officer and Public Works Director Develop and present to the City Council for action a Broadband Master Plan for the installation of fiber throughout the city. X A working group has been identified to develop recommendations to present to the City Council in September 2019. Interim Assistant City Manager will schedule a recurring meeting for the working group to build the plan. 3. By Aug. 1, 2019 Sept. 16, 2019 Public Works Director, working with the Community Development Director and Police Chief Hold a study session on the feasibility of developing a citywide Traffic Mitigation Plan. X Scheduled for the Sept. 16 Study Session (item was moved back so Cannabis item could move up) 4. By December 1, 2019 Chief Information Officer and Public Works Director Develop and present to the City Council for action a plan for the selection of an Enterprise Asset Management System.X Initial needs assessment completed. Project management budget for evaluation and RFP has been secured in 19/20 FY. 5. By February 1, 2020 Library Services Director (lead) and Public Works Director Conduct a City Council study session to share the results of the library facility assessment and present a draft Library Facilities Master Plan.X Draft RFP nearing completion. Library Director met with City contract architect to clarify and review project scope. D THREE-YEAR GOAL:Strengthen long-term financial and economic sustainability WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By June August 20, 2019 Deputy Director of Economic Development Provide update to City Council on plan to redevelop Boeing site. X Met with Sares-Regis on the purchase of Phase II (50 acres). 2. By Sept. 1, 2019 Community Development Director and City Attorney Conduct a study session on opportunities and challenges associated with short-term rentals.X Scheduled for Sept. 3 Study Session. 3. By July 1, 2019 City Manager, Assistant City Manager and Chief Financial Officer Recommend to the City Council for action the use of one-time money for long-term liabilities. X Recommendation for the use of one-time funds to expedite the pay-down of unfunded liabilities is included in the FY 2019-20 Proposed Budget, as well as August 5, 2019 year-end changes. 4. By Oct. 1, 2019 Assistant City Manager (lead), Economic Development Director, Community Development Director, Police Chief, and Fire Chief. Conduct a City Council study session regarding the pros and cons of the cannabis economy, with the exception of dispensaries and cultivation, along with a cost-benefit analysis.X Scheduled for Aug. 19 Study Session. E THREE-YEAR GOAL:Enhance and modernize public safety service delivery WHEN WHO WHAT STATUS COMMENTS DONE ON TARGET REVISED 1. By April 15, 2019 By May 22, 2019 By August 19, 2019. Fire Chief and Chief Financial Officer Present to the City Council for consideration a revised EMS fee schedule that aligns with rates in Orange County and reflects best practices. X A study has been conducted regarding potential for new rates and methodology. Certain follow-up items are being reviewed to finalize recommendations. Going to Council on August 19, 2019. 2. By May 15, 2019 Public Works Director and Police Chief Recommend to the City Council for action the award of a contract for the design of the Police Headquarters Modernization Project.X Approved by the City Council on 3-18-19 3. By August 1, 2019 Oct 15, 2019 Police Chief and Chief Information Officer Bring to the City Council for action a proposal for replacement of the CAD/RMS system. X Project team members attended vendor demos in March and are conducting additional research and analysis. 4. By September 1, 2019 Assistant City Manager (lead), Police Chief and Chief Financial Officer Present funding options to the City Council to enhance funding for additional police staffing.X City of Huntington Beach File #:19-813 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:Michele Warren, Director of Human Resources Subject: Approve recommendations by Council Liaisons Lyn Semeta and Erik Peterson to appoint George Rivera, Robert Binam, and Robert Wentzel to the Personnel Commission Statement of Issue: Mayor Erik Peterson and Mayor Pro-Tempore Lyn Semeta, Council Liaisons to the Personnel Commission, recommend the appointment of George Rivera, Robert Binam, and Robert Wentzel for the term effective July 1, 2019, through June 30, 2021. Financial Impact: Not Applicable Recommended Action: Approve the appointment of George Rivera, Robert Binam, and Robert Wentzel with terms effective July 1, 2019, through June 30, 2021, as recommended by the Council Liaisons to the Personnel Commission. Alternative Action(s): Refer the matter to the Council Liaisons for selection of other candidates to fill the vacancies. Analysis: The terms of Personnel Commissioners Katherine Elford and Phylis Lane ended as of June 30, 2019; a third vacancy is due to a resignation in 2018. Appropriate posting of the vacancies were conducted, as well as a press release in the local newspaper. Ten (10) applications were received for consideration. City Council Liaisons Semeta and Peterson are recommending the appointment of George Rivera, Robert Binam, and Robert Wentzel. 1.George Rivera - Security & Emergency Planning Specialist with experience in customer- driven government services, including specialized field experience in emergency management. He has served on the Public Works Commission and Personnel Commission. His education includes two years of graduate studies in Public Administration, a B.S. degree in City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-813 MEETING DATE:8/5/2019 Legal Studies, A.S. degree in Law Enforcement, and a certificate in Risk Management . 2.Robert Binam - General Counsel for large corporations with experience in corporate transactional matters, including; real estate, mergers & acquisitions, employment/labor law, construction defect, contracts, civil litigation, mediation, arbitration and trial. His education includes a B.A. from USC and a Juris Doctorate from Loyola Law School. 3.Robert Wentzel -Retired labor relations professional with expertise in contract negotiations, grievance hearings,job descriptions,workers compensation and organizational analysis. Served on the HB General Plan Advisory Committee.His education includes a M.A.in Industrial Relations and a B.A. in Psychology. Environmental Status: N/A Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1.Updated Personnel Commission Terms Roster 2.George Rivera Personnel Commission Application 3.Robert Binam Personnel Commission Application 4.Robert Wentzel Personnel Commission Application City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ CITY OF HUNTINGTON BEACH PERSONNEL COMMISSION TERMS DAVID ELLIS WILLIAM BLAIR Term One: 07/01/18 – 06/30/20 (Appointed 09/04/18 Semeta/Posey) Term One: 07/01/18 – 06/30/20 (Appointed 09/04/18 Semeta/Posey) GEORGE RIVERA ROBERT BINAM Term One: 07/01/19 – 06/30/21 (Appointed 08/05/19 Semeta/Peterson) Term One (Appointed 08/05/19 Semeta/Peterson) 07/01/19 – 06/30/21 ROBERT WENTZEL Term One: 07/01/19 – 06/30/21 (Appointed 08/05/19 Semeta/Peterson) Revised 07/18/19 City of Huntington Beach 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 Tem 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 (Chiu) - 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 City of Huntington Beach Printed on 8/1/2019Page 1 of 3 powered by Legistar™ 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: Ø 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). Ø 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 requires the California Energy Commission (CEC)to assess the potential for the State to reduce City of Huntington Beach Printed on 8/1/2019Page 2 of 3 powered by Legistar™ 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” City of Huntington Beach Printed on 8/1/2019Page 3 of 3 powered by Legistar™ AMENDED IN SENATE JULY 11, 2019 AMENDED IN SENATE JUNE 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 96 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 district district, commencing on or before April 1, 2020, and with the participation of student representatives, to determine a plan of action to implement this requirement, as specified. On 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 colleges a community college campus providing specified homeless student housing services on or before April 1, 2020. 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 colleges 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, 96 — 2 — 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: line 1 SECTION 1. (a) The Legislature finds and declares all of the line 2 following: line 3 (1) The state is experiencing a moral failure in that community line 4 college students are being forced to live in their vehicles as a result line 5 of the state’s homelessness and housing crises. line 6 (2) A recent report released by the Office of the Chancellor of line 7 the California Community Colleges and the Hope Center for line 8 College, Community, and Justice, which surveyed nearly 40,000 line 9 students at 57 community colleges, found that 19 percent of the line 10 survey’s respondents experienced homelessness in the previous line 11 year. line 12 (3) Short-term approaches to address the state’s homelessness line 13 and housing crises are not intended to supplant planning, financing, line 14 and facilitating long-term solutions to preventing and ending line 15 homelessness. line 16 (b) It is the intent of the Legislature that until sufficient housing line 17 is constructed to address the state’s homelessness and housing line 18 crises, safe parking programs should be considered as one of many line 19 short-term approaches to creating a safe space for unsheltered line 20 homeless persons, including homeless community college students. line 21 SEC. 2. Section 76012 is added to the Education Code, to read: line 22 76012. (a) If a community college campus has parking line 23 facilities on campus, the governing board of the community college line 24 district shall grant overnight access to those facilities to any line 25 homeless student for the purpose of sleeping in the student’s line 26 vehicle overnight, provided that the student is enrolled in line 27 coursework, has paid enrollment fees if not waived, and is in good line 28 standing with the community college district without requiring the line 29 student to enroll in additional courses. line 30 (b) The governing board of the community college district shall line 31 shall, with the participation of student representatives, determine line 32 a plan of action to implement subdivision (a) that includes, but is line 33 not limited to, all of the following: 96 AB 302 — 3 — line 1 (1) A definition of homeless student that is based on the line 2 definition of homeless youth specified in the federal line 3 McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. line 4 11434a(2)), and reflects the age of the homeless student population line 5 at the community college campus. line 6 (2) Overnight parking facilities monitoring. monitoring and a line 7 procedure for reporting and responding to threats to the safety of line 8 a student participating in overnight parking. line 9 (3) An overnight parking form and liability waiver that must be line 10 completed by any homeless student seeking to access the overnight line 11 parking facilities. The community college district shall clearly and line 12 conspicuously indicate on the form that the district cannot ensure line 13 the safety of a student who participates in overnight parking. line 14 (4) Designation of a specific parking area or areas for overnight line 15 parking. line 16 (5) Accessible bathroom facilities that are in reasonable line 17 proximity to the parking area or areas designated pursuant to line 18 paragraph (4). line 19 (6) A waiver of parking assessment fees for the overnight line 20 parking facilities. line 21 (7) Overnight parking rules that eligible homeless students shall line 22 a participating student shall follow when using the overnight line 23 parking facilities such as no facilities, including a zero tolerance line 24 policy for the use of drugs or alcohol. line 25 (8) Hours of operation for the overnight parking facilities. line 26 (9) A requirement that homeless students a participating student line 27 be enrolled in, at minimum, six units per semester, or the quarterly line 28 equivalent, to use the overnight parking facilities. line 29 (10) A procedure for registering and verifying the identity of line 30 an eligible student and the student’s vehicle. This information shall line 31 be used exclusively for the purpose of implementing overnight line 32 parking, and shall not be disclosed for any other purpose, except line 33 pursuant to a particularized court-issued warrant. line 34 (11) A procedure for identifying a participating student who line 35 has engaged in behavior that poses a substantial threat to the line 36 physical safety of other participating students and, as necessary, line 37 warning the student to correct the student’s behavior or revoking line 38 the student’s eligibility to participate in overnight parking on a line 39 temporary or permanent basis. 96 — 4 — AB 302 line 1 (c) Upon establishing a plan of action pursuant to subdivision line 2 (b), the community college district shall develop a document that line 3 clearly and concisely describes the rules and procedures line 4 established pursuant to subdivision (b). This document shall be line 5 provided to participating students. This document shall be line 6 available at the overnight parking facility in paper form, or posted line 7 conspicuously on the internet website of the community college line 8 campus in which the facility is located. line 9 (d) A community college district that implements overnight line 10 parking that complies with the requirements of subdivisions (b) line 11 and (c) is not civilly liable for a district employee’s good faith act line 12 or omission that fails to prevent an injury to a participating student line 13 that occurs in, or in close proximity to, and during the hours of line 14 operation of, overnight parking. This immunity does not apply to line 15 gross negligence, intentional misconduct, or violations of other line 16 provisions of law. line 17 (c) line 18 (e) It is the intent of the Legislature that homeless students who line 19 use the overnight parking facilities shall be connected to available line 20 state, county, community college district, and community-based line 21 housing, food, and financial assistance resources. line 22 (d) On line 23 (f) Commencing on or before April 1, 2020, the governing board line 24 of the community college district shall implement subdivision (a). line 25 subdivisions (a) and (b). line 26 (e) line 27 (g) (1) On or before October 1, 2021, the governing board of line 28 the community college district shall report to the Office of the line 29 Chancellor of the California Community Colleges on the use of line 30 the overnight parking facilities by its homeless students, the number line 31 of homeless students served by the overnight parking facilities, line 32 the socioeconomic and demographic backgrounds of these students, line 33 other housing services offered to its homeless students, challenges line 34 and best practices in the operation of the overnight parking line 35 facilities, and whether students who used the overnight parking line 36 facilities remained enrolled or graduated from a campus maintained line 37 by the district. line 38 (2) The data and information reported pursuant to paragraph line 39 (1) shall be disaggregated by campus if the district maintains line 40 multiple campuses offering overnight parking facilities. 96 AB 302 — 5 — line 1 (f) line 2 (h) On or before January 31, 2022, the chancellor’s office shall line 3 develop and submit to the Governor and the Legislature, pursuant line 4 to Section 9795 of the Government Code, a systemwide report line 5 based on the data and information reported by districts pursuant line 6 to subdivision (e). (g). line 7 (g) line 8 (i) The chancellor’s office shall conduct a student homelessness line 9 survey and shall release the results of the survey on or before April line 10 1, 2022. line 11 (h) line 12 (j) This section shall not apply to a community college campus line 13 described in Section 76012.5. line 14 (i) line 15 (k) This section shall remain in effect only until December 31, line 16 2022, and as of that date is repealed. line 17 SEC. 3. Section 76012.5 is added to the Education Code, to line 18 read: line 19 76012.5. (a) (1) Section 76012 shall not apply to a community line 20 college campus providing all of the following services to its line 21 homeless students commencing on or before April 1, 2020: line 22 (A) Emergency grants that are necessary to secure, or prevent line 23 the imminent loss of, housing. line 24 (B) Hotel vouchers through a public agency or community line 25 organization. line 26 (C) Rapid rehousing referral services. line 27 (2) A community college campus described in paragraph (1) line 28 shall do all of the following: line 29 (A) Send a stand-alone email to every student enrolled at the line 30 campus at the beginning of each semester or quarter describing line 31 available student housing services, and provide a description of line 32 these services at every student orientation at the campus. line 33 (B) Provide a housing assistance tab that is clearly visible and line 34 easily accessible from a drop-down menu on the home page of the line 35 campus’s internet website. line 36 (C) (i) On or before January 1, 2021, report to the Office of the line 37 Chancellor of the California Community Colleges on the line 38 implementation on or before April 1, 2020, of the services line 39 described in paragraph (1). The report shall include, but not be line 40 limited to, all of the following: 96 — 6 — AB 302 line 1 (I) The number of homeless students served by the services. line 2 (II) The socioeconomic and demographic backgrounds of these line 3 students. line 4 (III) Challenges and best practices in the implementation of the line 5 services. line 6 (IV) Whether students who used the services remained enrolled line 7 or graduated from a campus maintained by the district. line 8 (V) Other housing services offered to the campus’s homeless line 9 students. line 10 (ii) The data and information reported pursuant to subclauses line 11 (I) to (IV), inclusive, of clause (i) shall be disaggregated by each line 12 service specified in subparagraphs (A) to (C), inclusive, of line 13 paragraph (1). line 14 (b) On or before April 30, 2021, the chancellor’s office shall line 15 develop and submit to the Governor and the Legislature, pursuant line 16 to Section 9795 of the Government Code, a report based on the line 17 data and information reported by colleges pursuant to subparagraph line 18 (C) of paragraph (2) of subdivision (a). line 19 (c) This section shall remain in effect only until December 31, line 20 2022, and as of that date is repealed. line 21 SEC. 4. If the Commission on State Mandates determines that line 22 this act contains costs mandated by the state, reimbursement to line 23 local agencies and school districts for those costs shall be made line 24 pursuant to Part 7 (commencing with Section 17500) of Division line 25 4 of Title 2 of the Government Code. O 96 AB 302 — 7 — 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 Chiu (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 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 not provide relocation assistance, the notice of termination 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 — 2 — 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 15, 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 — 3 — The people of the State of California do enact as follows: line 1 SECTION 1. Section 1946.2 is added to the Civil Code, to line 2 read: line 3 1946.2. (a) Notwithstanding any other law, an owner of line 4 residential real property, in which the tenant has occupied the line 5 residential real property for 12 months or more, with or without a line 6 written lease, shall not terminate the lease without just cause, which line 7 shall be stated in the written notice to terminate tenancy set forth line 8 in Section 1946.1. line 9 (b) For purposes of this section, “just cause” includes either of line 10 the following: line 11 (1) At-fault just cause, which is any of the following: line 12 (A) Default in the payment of rent. line 13 (B) A breach of a material term of the lease, as described in line 14 paragraph (3) of Section 1161 of the Code of Civil Procedure, line 15 including, but not limited to, violation of a provision of the lease line 16 after being issued a written notice to correct the violation. line 17 (C) Maintaining, committing, or permitting the maintenance or line 18 commission of a nuisance as described in paragraph (4) of Section line 19 1161 of the Code of Civil Procedure. line 20 (D) Committing waste as described in paragraph (4) of Section line 21 1161 of the Code of Civil Procedure. line 22 (E) The tenant had a written lease that terminated on or after line 23 January 1, 2020, and after a written request or demand from the line 24 owner, the tenant has refused to execute a written extension or line 25 renewal of the lease for an additional term of similar duration with line 26 similar provisions, provided that those terms do not violate this line 27 section or any other provision of law. line 28 (F) Criminal activity by the tenant on the premises, including line 29 any common areas, or any criminal threat, as defined in subdivision line 30 (a) of Section 422 of the Penal Code, directed at any owner or line 31 agent of the owner of the premises. line 32 (G) Assigning or subletting the premises in violation of the line 33 tenant’s lease. line 34 (H) The tenant’s refusal to allow the owner to enter the dwelling line 35 pursuant to a request consistent with Section 1954 of the Civil line 36 Code. line 37 (I) Using the premises for an unlawful purpose as described in line 38 paragraph (4) of Section 1161 of the Code of Civil Procedure. 94 — 4 — AB 1482 line 1 (2) No-fault just cause, which includes any of the following: line 2 (A) (i) Intent to occupy the residential real property by the line 3 owner or their spouse, children, grandchildren, parents, or line 4 grandparents. line 5 (ii) For leases entered into on or after January 1, 2020, clause line 6 (i) shall apply only if the tenant agrees, in writing, to the line 7 termination, or if a provision of the lease allows the owner to line 8 terminate the lease if the owner, or their spouse, children, line 9 grandchildren, parents, or grandparents, unilaterally decides to line 10 occupy the residential property. line 11 (B) Withdrawal of the residential property from the rental line 12 market. line 13 (C) Unsafe habitation, as determined by a government agency line 14 that has issued an order to vacate, order to comply, or other order line 15 that necessitates vacating the residential property. line 16 (D) Intent to demolish or to substantially remodel. line 17 (c) Before an owner of residential real property issues a tenant line 18 a notice to terminate tenancy for just cause that is a curable lease line 19 violation, the owner shall first give notice of the violation to the line 20 tenant with an opportunity to cure the violation pursuant to line 21 paragraph (3) of Section 1161 of the Code of Civil Procedure. line 22 (d) (1) If an owner of residential real property issues a no-fault line 23 just cause notice to terminate a tenancy to a tenant who has resided line 24 on the residential real property for 12 months or more, the owner line 25 shall assist the tenant, regardless of the tenant’s income, to relocate line 26 by providing a direct payment to the tenant as described in line 27 paragraph (3). line 28 (2) If an owner issues a notice to terminate tenancy for no-fault line 29 just cause, the owner shall notify the tenant of the tenant’s right line 30 to relocation assistance pursuant to this section. line 31 (3) The amount of relocation assistance shall be equal to one line 32 month of the tenant’s rent that was in effect when the owner issued line 33 the notice to terminate the tenancy. tenancy and shall be provided line 34 within five calendar days of service of the notice. The owner and line 35 tenant may also agree, in lieu of direct payment, to waive the line 36 payment of rent for the month after the notice is given. line 37 (4) An owner’s failure to strictly comply with this subdivision line 38 shall render the notice of termination void. line 39 (e) This section shall not apply to the following types of line 40 residential real properties or residential circumstances: 94 AB 1482 — 5 — line 1 (1) Transient and tourist hotel occupancy as defined in line 2 subdivision (b) of Section 1940. line 3 (2) Housing accommodations in a nonprofit hospital, religious line 4 facility, or extended care facility. line 5 (3) Dormitories owned and operated by an institution of higher line 6 education or a kindergarten and grades 1 to 12, inclusive, school. line 7 (4) Housing accommodations in which the tenant shares line 8 bathroom or kitchen facilities with the owner who maintains their line 9 principal residence at the residential real property. line 10 (5) Single-family owner-occupied residences, including a line 11 residence in which the owner-occupant rents or leases no more line 12 than two units or bedrooms, including, but not limited to, an line 13 accessory dwelling unit or a junior accessory dwelling unit. line 14 (6) Housing that has been issued a certificate of occupancy line 15 within the previous 10 years. line 16 (7) Housing that is a detached single-family residential dwelling line 17 unit that meets both of the following requirements: line 18 (A) The owner is a natural person who owns and leases no more line 19 than 10 units and does not have an ownership interest in any other line 20 rental residential real property through any other entity. line 21 (B) There is a written lease for the dwelling that includes a line 22 provision certifying that the owner meets the provisions of line 23 subparagraph (A) and notifying the tenant that the dwelling is not line 24 subject to this section. line 25 (f) An owner of residential real property subject to this section line 26 shall provide notice to a tenant of the tenant’s rights under this line 27 section at the beginning of the tenancy by providing an addendum line 28 to the lease which shall be signed by the tenant when the lease is line 29 signed. The provision of the notice shall be subject to Section 1632. line 30 (g) This section does not prevent the enforcement of an existing line 31 local rule or ordinance, or the adoption of a local rule or ordinance line 32 that is consistent with Chapter 2.7 (commencing with Section line 33 1954.50), that requires just cause for termination of a residential line 34 tenancy that further limits or specifies the allowable reasons for line 35 eviction, requires longer notice or additional procedures for line 36 evicting tenants, provides for higher relocation assistance amounts, line 37 or is determined to provide a higher level of tenant protections line 38 than this section. line 39 (h) Any waiver of the rights under this section shall be void as line 40 contrary to public policy. 94 — 6 — AB 1482 line 1 (i) For the purposes of this section, “owner” means the same line 2 as defined in Section 1954.51. line 3 (i) line 4 (j) This section shall remain in effect only until January 1, 2023, line 5 and as of that date is repealed. line 6 SEC. 2. Section 1947.12 is added to the Civil Code, to read: line 7 1947.12. (a) Subject to the provisions of subdivision (b), an line 8 owner of residential real property shall not increase the rental rate line 9 for that property more than once annually. The annual increase line 10 shall not exceed 7 percent plus the percentage change in the cost line 11 of living, or 10 percent, whichever is lower, of the lowest rental line 12 amount charged for that property at any time during the 12 months line 13 prior to the effective date of the increase. line 14 (b) (1) Subdivision (a) shall apply to partial changes in tenancy line 15 of a residential rental property where one or more of the tenants line 16 remains an occupant in lawful possession of the property. line 17 (2) Subdivision (a) shall not apply to new tenancies where no line 18 tenants from the prior lease remain an occupant in lawful line 19 possession of the residential real property. line 20 (c) This section shall not apply to the following residential rental line 21 properties: line 22 (1) Deed-restricted affordable housing for persons and families line 23 of very low, low, or moderate income, as defined in Section 50093 line 24 of the Health and Safety Code. line 25 (2) Dormitories constructed and maintained in connection with line 26 any higher education institution within the state for use and line 27 occupancy by students in attendance at the institution. line 28 (3) Housing subject to any form of rent or price control through line 29 a public entity’s valid exercise of its police power that restricts line 30 annual increases in the rental rate to an amount less than that line 31 provided in subdivision (a). line 32 (4) Housing that has been issued a certificate of occupancy line 33 within the previous 10 years. line 34 (5) Housing that is a detached single-family residential dwelling line 35 unit that meets both of the following requirements: line 36 (A) The owner is a natural person who owns and leases no more line 37 than 10 units and does not lease any other residential property line 38 through any other entity. line 39 (B) The dwelling has a written lease lease, compliant with line 40 Section 1632, that includes a provision certifying that the owner 94 AB 1482 — 7 — line 1 meets the provisions of subparagraph (A) and notifying the tenant line 2 that the dwelling is not subject to this section. line 3 (d) An owner shall provide notice of any increase in the rental line 4 rate, pursuant to subdivision (a), to each tenant in accordance with line 5 Section 827. line 6 (e) (1) On or before January 1, 2023, the Legislative Analyst’s line 7 Office shall report to the Legislature regarding the effectiveness line 8 of this section and Section 1947.13. The report shall include, but line 9 not be limited to, the impact of the rental rate cap pursuant to line 10 subdivision (a) on the housing market within the state. line 11 (2) The report required by paragraph (1) shall be submitted in line 12 compliance with Section 9795 of the Government Code. line 13 (f) For the purposes of this section, the following definitions line 14 shall apply: line 15 (1) “Owner” shall mean the same as defined in Section 1954.51. line 16 (2) “Percentage change in the cost of living” means the line 17 percentage change from April 1 of the prior year to April 1 of the line 18 current year in the regional Consumer Price Index for the region line 19 where the residential real property is located, as published by the line 20 United States Bureau of Labor Statistics. If a regional index is not line 21 available, the California Consumer Price Index for All Urban line 22 Consumers for all items, as determined by the Department of line 23 Industrial Relations, shall apply. line 24 (3) “Residential real property” means any dwelling or unit that line 25 is intended for human habitation. line 26 (4) “Tenancy” means the lawful occupation of residential real line 27 property and includes a lease or sublease. line 28 (g) (1) This section shall apply to all rent increases subject to line 29 subdivision (a) occurring on or after March 15, 2019. This section line 30 shall become operative January 1, 2020. line 31 (2) In the event that an owner has increased the rent by more line 32 than the amount permissible under subdivision (a) between March line 33 15, 2019, and January 1, 2020, both of the following shall apply: line 34 (A) The applicable rent on January 1, 2020, shall be the rent line 35 as of March 15, 2019, plus the maximum permissible increase line 36 under subdivision (a). line 37 (B) An owner shall not be liable to the tenant for any line 38 corresponding rent overpayment. line 39 (h) Any waiver of the rights under this section shall be void as line 40 contrary to public policy. 94 — 8 — AB 1482 line 1 (i) This section shall remain in effect until January 1, 2023, and line 2 as of that date is repealed. line 3 (j) It is the intent of the Legislature that this section is intended line 4 to respond to the unique circumstances of the current housing line 5 crisis, and to only apply for a limited time, as described in line 6 subdivision (i). line 7 SEC. 3. Section 1947.13 is added to the Civil Code, to read: line 8 1947.13. (a) Notwithstanding Section 1947.12, upon the line 9 expiration of rental restrictions, the owner of an assisted housing line 10 development who demonstrates under penalty of perjury, line 11 compliance with all applicable provisions of Sections 65863.10, line 12 65863.11, and 65863.13 of the Government Code, and any other line 13 applicable law or regulation intended to promote the preservation line 14 of assisted housing may establish the initial unassisted rental rate line 15 for units in the applicable housing development. Any subsequent line 16 rent increase in the development shall be subject to Section line 17 1947.12. line 18 (b) For purposes of this section: line 19 (1) “Assisted housing development” has the same meaning as line 20 defined in paragraph (3) of subdivision (a) of Section 65863.10 of line 21 the Government Code. line 22 (2) “Expiration of rental restrictions” has the same meaning as line 23 defined in paragraph (5) of subdivision (a) of Section 65863.10 of line 24 the Government Code. line 25 (c) This section shall remain in effect until January 1, 2023, and line 26 as of that date is repealed. line 27 (d) Any waiver of the rights under this section shall be void as line 28 contrary to public policy. line 29 SEC. 4. No reimbursement is required by this act pursuant to line 30 Section 6 of Article XIII B of the California Constitution because line 31 the only costs that may be incurred by a local agency or school line 32 district will be incurred because this act creates a new crime or line 33 infraction, eliminates a crime or infraction, or changes the penalty line 34 for a crime or infraction, within the meaning of Section 17556 of line 35 the Government Code, or changes the definition of a crime within line 36 the meaning of Section 6 of Article XIII B of the California line 37 Constitution. O 94 AB 1482 — 9 — City of Huntington Beach File #:19-762 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:Travis K. Hopkins, PE, Director of Public Works Subject: Approve and authorize execution of a Wireline Crossing Agreement with the Union Pacific Railroad Company for the installation of traffic signal communication conduit on Center Avenue (CC-1489) Statement of Issue: On May 20, 2019, the City Council awarded a construction contract for the traffic signal modification at the intersection of Gothard Street and Center Avenue. This project includes the installation of a traffic signal communication conduit under the Union Pacific Railroad (UPRR) tracks at Center Avenue which will require the execution of a Wireline Crossing Agreement with the Union Pacific Railroad Company. Financial Impact: No fiscal impact. Recommended Action: Approve and authorize the Mayor and City Clerk to execute a “Wireline Crossing Agreement” at Mile Post 519.28, Stanton Industrial Lead, between the Union Pacific Railroad Company and the City of Huntington Beach. Alternative Action(s): Do not authorize approval of the Wireline Crossing Agreement and provide direction to staff to amend terms of the agreement. Analysis: The City applied for and subsequently received grant funding for a traffic signal modification under the Federal Highway Safety Improvement Program (HSIP). The intersection of Gothard Street and Center Avenue was identified for the installation of north-south left turn arrows based on the recent collision history. The project also included the installation of traffic signal communication conduit and cable in order to establish direct communication between the traffic signals along Center Avenue and City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-762 MEETING DATE:8/5/2019 the City’s Traffic Management Center located in City Hall. In order to complete this work, a conduit must be installed under the Union Pacific Railroad tracks at Center Avenue. The construction contract was awarded by the City Council on May 20, 2019. In order to construct the traffic signal communication conduit under the railroad tracks, a Wireline Crossing Agreement must be executed with the Union Pacific Railroad Company. This agreement defines the construction requirements, legal requirements and fees assessed by the UPRR. The total estimated project cost is $534,154 and was authorized by the City Council as part of the project award on May 20, 2019. The Wireline Crossing Agreement charges were included in the project funding approved on May 20, 2019, and therefore no additional funding is requested as part of this action. Public Works Commission Action: Not applicable Environmental Status: This project is categorically exempt pursuant to the California Environmental Quality Act, Section 15303 (c). Strategic Plan Goal: Enhance and maintain infrastructure Attachment(s): 1.Project Location Map. 2.Wireline Crossing Agreement, Mile Post 519.28, Stanton Industrial Lead City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ Wireline Crossing 051918 Last Modified: 05/J 9/18 Fonn Approved, A VP-Law WIRELINE CROSSING AGREEMENT Mile Post 519.28, Stanton Industrial Lead Location: Huntington Beach, Orange County, California Fo lder No. 03118-19 THIS AGREEMENT (''Agreement") is made and entered into as of May 22, 2019, ("Effective Date") by aud between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Licensor") and CITY OF HUNTINGTON BEACH , to be addressed at 2000 Main Street, Huntin gton Beach, California 92648 ("Licensee"). IT IS MUTUALLY AGREED BY AND BETWEEN THE PARTIES HERETO AS FOLLOWS: Article 1. LICENSOR GRANTS RIGHT. A. In consideration of the license fee to be paid by Licensee set forth below and in further consideration of the covenants and agreements to b e perfonned by Licensee, Licensor hereby grants to Licensee the right to construct and thereafter, during the term hereof, maintain and operate two (2) underground electrical wireline encased in a 2 inch steel conduit only, including any appurtenances required for the operation of said wireline (collectively, "Licensee's Facilities") a cross Licensor's real property, trackage, or other facilities located in Huntington Beach, Orange County, State of California ("Railroad Property"). The specific specifications and limited purpose for· Licensee's Facilities on, along, across and under Railroad Property are described in and s hown on the P rint and Specifications dated April 17, 2019, attached hereto as Exhibit A and made a part hereof. B. Licensee represents and warrants that Licensee's Facilities wil l (i) only be used for two (2) underground electrical wireline encased in a 2 inch steel conduit, and (ii) not be used for any other purpose, whether such use is currently technologically possible, or whether su ch use may come into existence during the life of this Agreement C. Licensee acknowledges that if it or its contractor provides Licensor with d igital imagery depicting Licensee's Facilities ("Digital Imagery"), Licensee authorizes Licensor to use the.Digital Imagery in preparing Exhibit A. Licensee represents and warrants that through a li cense or otherwise, it has the right to use the Digital Imagery and to permit Licensor to use the Digital Imagery in said manner. Article 2. LICENSE FEE. Upon execution of this Agreement, the Licensee shall pay to the Licensor a one-time License Fee of Ten Thousand Dollars (Sl0,000.00). Article 3. TERM. This Agreement shall take effect as of the Effective Date first herein written and shall continue in full force and effect until terminated as provided in the "TERMINATION; REMOVAL OF LlCENSEE'S FACILITIES" Section of Exhibit B. Article 4. LICENSEE'S COMPLIANCE WITH GENERAL TERMS. Licensee represents and warrants that all work on Licensee's Facilities perfonned by Licensee or its contractors will strictly comply with all terms and conditions set fortl1 herein, including the General Terms and Conditions, attached hereto as Exhibit B and made a part hereof. Article 5. INSURANCE. A. During the term of this Agreement, Licensee shall fully comply or cause its contractor(s) to fully comply with the insurance requirements described in Exhibit C, attac h ed hereto and made a part hereof. Upon request only, Licensee shall send copies of all insurance documentation (e.g., certificates, endorsements, etc.) to Licensor at the address listed in the "NOTICES" Section of this Agreement. B. If Licensee is subject to statute(s) limiting its insurance liability and/or limiting its ability to obtain insurance in compliance with Exhibit C of this Agreement, those statu tes shall apply. Article 6. DEFINITION OF LICENSEE. For purposes of this Agreement, all references in this Agreement to Licensee wi ll include Licensee's contractors, subcontractors, officers, agents and emp loyees, and others acting under its or their authority (collectively, a "Contractor"). If a Contractor is hired by Licensee to perfonn any work on Licensee's Facilities (including initial construction and subsequent relocation, maintenance, and/or repair work), then Licensee sh all provide a copy of this Agreement to its Contractor(s) and require its Contractor(s) to comply with all terms and conditi ons of this Agreement, including the indemnification requirements set forth in the "INDEMNITY" Section of Exhibit B. Licensee shal l require any Contractor to release, defend, and indemnify Licensor to the same extent and under the same terms and condition s as Licensee is required to release, defend, and indemnify Licensor herein. Article 7. ATTORNEYS' FEES, EXPENSES, AND COSTS. If litigation or other court action or similar adjudicatory proceeding is undertaken by Licensee or Licensor to enforce its r igh ts under this Agreement, all fees, costs, and expenses, including, without limitation, reasonable attorneys' fees and court costs, of the prevailing Party in such action, suit, or proceeding shall be reimbursed or paid by the Party against whose interest the judgment or decision is rendered. The provisions of this Article shall survive the termination of this Agreement. Article 8. WANER OF BREACH. The waiver by Licensor of the breach of any condition, covenant or agreement herein contained to be kept, observed and performed by Licensee shall in no way impair ilie right of Licensor to avail itself of any remedy for any subsequent breach thereof. Article 9. ASSIGNMENT. A. Licensee shall not assign this Agreement, in whole or in part, or any rights herein gran ted, without the written consent of Licensor, which must be requested in writing by Licensee. Any assignment or attempted transfer of this Agreement or any of the rights herein granted, whether voluntary, by operation of Jaw, or otherwise, without Licensor's written consent, will be abso lutely void and may result in Licensor's termination of this Agreement pursuant to the "TERMlNA TION; REMOVAL OF LICENSEE'S FACILITIES" Section of Exhibit B. B. Upon Licensor's written consent to any assignment, this Agreement will be binding upon and · inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. Article 10. SEVERABILITY. Any provision of this Agreement which is detennined by a court of competent jurisdiction to be invalid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shaJI not invalidate or otherwise render ineffective any other provision of this Agreement Article 11. NOTICES. Except Licensee's commencement of work notice(s) required under Exhibit B, all other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below (''Notice Address"), (ii) sent overnight via express delivery by a nationally recognized overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt Certified mail notices will be deemed to be given three (3) days after deposit with the United States Postal Service. Ifto Licensor: Union Pac ific Railroad Company Attn: Analyst -Real Estate Utilities (03118-19) 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179 If to Licensee: CITY OF HUNTINGTON BEACH 200 0 Main Street Huntington Beach, California, 92648 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first herein written. UNION PACIFIC RAILROAD COMP ANY Valerie Harrill Mgr II Real Estate Contracts APPROVED AS TO FORM By: M,u-;-;::;M~rc::-:H7.A:-::E:-.'--:~:-. -:::G:":'A~TE--5- crTY ATTORNEY CITY OF HUi~l!NGTON SEACH CITY OF HUNTINGTON BEACH Name Printed: Eric Peterson Title: Mayor Name Printed: Robin Estanislau Title: City Clerk B . Upon Licensor's written consent to any assignment, this Agreement will be binding upon and inure to the benefit of the parties thereto, successors, heirs, and assigns, executors, and administrators. Article 10. SEVERABILITY. Any provision of this Agreement which is determined by a cou rt of competent jurisdiction to be inva lid or unenforceable shall be invalid or unenforceable only to the extent of such determination, which shall not invalidate or otherwise render ineffective any other provis ion of this Agreement. Article 11. NOTICES. Except Licensee's commencement of work notice(s) required under Exhibit B, al l other notices required by this Agreement must be in writing, and (i) personally served upon the business address listed below ("Notice Address"), (ii) sent overnight via express delivery by a nationally recogni zed overnight delivery service such as Federal Express Corporation or United Parcel Service to the Notice Address, or (iii) by certified mail, return receipt requested to the Notice Address. Overnight express delivery notices will be deemed to be given upon receipt. Certified m a il notices will be deemed to be given three (3) days after deposit with the United Stat es Postal Service. If to Licensor: Union Pacific Railroad Company Attn: Analyst -Real Estate Utilities (03 11 8-19) 1400 Douglas Street, MS 1690 Omaha, Nebraska 68179 If to Licensee: CITY OF HUNTINGTON BEACH 2000 M ain Street Huntington Beach, California, 92648 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date fi rst herein written. UNION PACIFIC RAILROAD COMPANY By :~~---------~ Valerie Harrill Mgr II Real Estate Contracts CITY OF HUNTINGTON BEACH Name Printed:----------- Title: -------------- APPROVED AS TO FORM By: • ~ \. I MICHAEL l:. GATES N'J'\I cm ATTORNEY cm OF hUi~"""'l:~!STON BEACH PLACE ARROW INDICA TI NG NORTH DIRECTION RELATIVE TO CROSSING UNDERGROUND WIRELINE CROSSING 750 VOLTS OR LESS l·JC T£; ALL AVi>.l"LAEI L£ OJME.NSJONS t,IUST 3£ F" I Le f.ll I '.~ :m PH[ie£5S 'HIS APPL! Ct,T I Gt;, Ff) fl~ Q;i-0-104-F REV 1 0-26-2007 -!O _____ _ I llfi4.ftf.51 P-f.1. TO'llNI t CH LEC."L Sl..RV[Y l ltl~1 J.;;(l\l APPL JCAS..E J LINE S(CT JON __ , TO\!MSH lP----, RAllGE___...,--IA[RID JllN t0>$.1At«:t •:al(. Tit1.cifT.r1{ltr11<r..i u~[ cr.ossu::;) ( f,,H.: IPJS C•}laf:~JOH RUAJ(!!:(O !>I :..u. CA~[$,, @ Center Ave. CA. _/~ t CL.~IU:E ((!CI.O :)EJ fClj (ES: 1131•68) Lat 33.73416S67 Long:-117.99805556 hl LOC:.no.-1!. HCi 1.~:11c; S.G?'l(;'NS, !>JSlAJ'Jr.£ ,_ ___ .....,... __ P-_•·-~-•-'W_ -l O 4 L(C.ll ~UilVU Lrn~ )~. m::o-;rncc_J ___ t--------- @ @ ..J.Ln. ·--··---->t<-_o_FT. ' I ..JLFT . +---- ' I '-<--------~ ~ ..,._ ____ IAIW. £•"'------+< r rlAU.lhE _LFT. ! SU9CAAJ)t ~--"'----'--~.~.,=o=oE=o--+---""-'--~ _S_FT. t .-C•SIHC PJPE f www.uprr.oorn NO SCALE ~FT. J @ _g_FT. ..li_fT. K--------------~FT . ea.oo n . ------------~ CR05S ING OTHER THAN ~O· ~ FORMULA TO FI WRE CASI NC ------------LUIClH WITH ANCLE OF '-... : f~HJl'i trO(',lJf fi :E~ W::A;llQLO .\:..01.c fllrrJ.U .. '£., NOTES : Al TYPE W!P.ELJ~[ CROS!>!NG:_E_L_E_CT_Rl_C _______________ _ Bl VOLTAGE TO BE CARRIED UNDER TRACK-=12=0 __ NO. OF WJR£S_2 _ Cl CASING TYPE TO BE INSTALLED ~2"~S~TEEL=----------- Ol METHOD OF I NSTALLING CASING PIPE UNDER TRACK! SJ: <WET BORE NOT PERMITTED>; -~DR~Y~B~O~R=E~AN==O~JA~CK""--------- El DfSTANCE FRO M CENTER LINE OF TRACK TO NEAR FACE OF BORING AND JACKING PITS WHEN MEASURED AT RIGHT ANGLES TO TRACK~3""(x""··,...~'""i"'~-,- Fl DISTANCE TO NEARE ST ROAD CROSSING WITH SIGNAL LIGH TS OR GATES I l F LESS THAN ONE MJLEl _~o _____ _ G> APPLICANT HAS CONTACTED 1-800-336-9193, U. P, COMMUNICATION DEPARTMENT, AND HAS DETERMINED FIBER OPTIC CABLE EXIST IN VlCJNTY OF WORK TO BE PERFORMED. TICKET NO. ______ _ <:,_. ~" <,, ~ IAIU.ill51, IA EXHIBIT "A" UNJON PACI F IC RAJLROAD CO . SlanlDI) Ind. Ld. M. p ._s_1_9.2~8~ ____ E. S. 1131•40 UNDERGROUND WIRELIN E CROSSING HUNTINGTON BEACH ORANGE CA FOR CffY OF HUNTINGTON BEACH RR F ILE NO. _g311s19 DATE 04117/2019 WARN NC IH ALL OCCA.SIOkS, tL P. COl.UUN:ICAHOPcS. OEPAATUEHT M..IST B( COtfTACr£O I~ ADYAkCC OF ANT WORK TO DETERMINE. 0.ISTEtfC[ AMO LOCUIOM OF F)BER Ofl'f(t t.J.bl...L PHOHE : 1-SOO-D$.-,1'3 Form Approved, A VP-Law Updated 05 19!8 EXHIBIT B GENERAL TERMS AND CONDITIONS Section 1. LIMITATION AND SUBORDINATION OF RIGHTS GRANTED. A. The foregoing grant is subject and su bordinate to the prior and continuing right and obligation of Licensor to use and maintain its entire property including the right and power of Licensor to construct, maintain, repair, renew, use, operate, change, modify or relocate railroad tracks, signal , communication, fiber optics, or other wirelines, pipelines and other facilities upon, along or across any or all parts of its property, all or any of which may be freely done at any .time or times by Licensor without liabili ty to Licensee or to any other party for compensation or damages. B. The foregoing grant is also subject to all outstanding superior rights (including tho se in favor of licensees and lessees of R ai lroad Property) and the right of Licensor to renew and ex.tend the same, and is made without covenant of title or for quiet enjoyment. It shall be Licensee's sole obligation to obtain such additional permission, license and grants necessary on account of any .such existing rights. Section 2. ENGINEERING REQUIREMENTS; PERMITS. A. Licensee's Facilities will be designed, constructed , operated, maintained, repaired, renewed, modified, reconstructed, remov ed, or abandoned in place on Railroad Property by Licensee or its contractor to Licensor's satisfaction and in strict conformity with: (i) Licensor's cu1Tent engineeri ng standard s and specifications, including those for aerial marker balls, shoring and cribbing to protect Licen sor's railroad operations and facilities ("UP Specifications"), except for variance~ approved in advance in writing by Licensor's Assistant Vice President Engineering -Design or its authorized representative ("UP Engineering Representative"); (ii) such other additional safety standards as Licensor, in its sole discretion , elects to require, including, without limit ation, American Railway Engineering and Maintenance-of-Way Association ("AREMA") standards and guidelines (coll ect ively, "UP Additional Requirements"); and (iii) all applicable Jaws, rules, and regulations, including any applicable Federal Railroad Administration, Federal Energy Regulatory Commission, and Federal Aviation Administration regulations and enactments (collectively, "Laws"). lf there is ·any conflict between UP Specifications, UP Additional Requ irem ents, and £aws, the most restrictive will apply. B. If Licensee's Facilities will be localed underground, Licensee shall keep the soil over Licensee's Facilities thoroughly compacted, and maintain the grade over and around L icensee's Facilities even with the surface of the adjacent ground. C. Licensee shall not transmit electric current from Licensee's Facilities at a difference of potential in excess of the voltage indicated on Exhibit A. If the voltage indicated is in excess of seven hundred fifty volts (750V), and Licensee's Facilities will be buried at any location outside of track ballast or roadbed on Railroad Property, Licensee shall instal l metallic conduit, or non-metallic conduit encased in a minimum oftlrree inches (3") of concrete with a minimum of four feet (4') of ground cover the entire length of Licensee's Facilities. Any of Licensee's Facilities buried by removal of soil shall have, at a depth of one foot (l') beneath the surface of the gro und directl y above Licensee's Facilities, with a s ix inch (6 ") wide warning tape labeled "Danger-High Voltage" or equivalent wordin g. Any of Licensee's Facilities encased in conduit, jacked, or bored under Railroad Property roust be identified with warning signs ("Warning Signs") at each edge of Railroad Property, to be installed and properly maintained at Licensee's cost and expense. Licensee shall not utilize Warning Signs in lieu of the warning tape where portions of the casing are installed by direct burial. D. If needed, Licensee s hall secure, at Licensee's sole cost and expense, any and all necessary permits required t o perfonn any work on q censee's Facilities. Section 3. NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES. A . Licensee and it contractors are strictly prohibited from commencing any work associated with Licensee's F acilities w itho ut Licensor's written approval that the work will be in strict compliance with th e "ENGINEERING REQUIREMENTS; PERMITS" Section of this Exhibit B. Upon Licensor's approval, Licensee shall contact both of Licen sor's field representati·ves ("Licensor's Field Repres entatives") at least te n (10) days before commencement of any work on L icensee's Facilities. B. Licensee shall not commence any work until: (l} L icensor has detennined whether flagging or other special protective or safety measures ("Safety Measures") are required for perfonnance of the work pursuant to the "FLAGGING" Section of this Exhibit B and provided Licensee written authorization to commence work; and (2) Licensee has complied with the "PROTECTION OF FIBER OPTIC CABLE SYSTEMS" Section of this Exhibit B. C. If, at any time, an emergency arises invo lving Licensee 's F acil ities, L icensee or its contractor shall immediately contact Licensor's Response Management Communications Center at (888) 877-7267. Section 4. FLAGGING. A. Following Li censee's notice to Licensor 's Field Representatives r eq uired under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensor shall inform L icensee if Safety Measures are required for perfonnance of the work by Licensee or its contractor on Rai lroa d Property. If Safety Measures are required, no work of any kind may be pertonned by Licensee or its contractor(s) until arrangements for the Safety Measures have been made and scheduled. If no Safety Measures are required., Licensor will give Licensee written authorization to commence work. B . If any Safety Measures are performed or provided by Lice n sor , including but not li mited to flagging, Licensor shall bill Licensee for such expenses incurred by Licensor, unless Licensor and a federal, staie, or local governmenta l entity have agreed t hat L icensor is to bill such expenses to th~ federal, state, or local governmental entity. Additional infonnation regarding the submi ssion of s uch expenses by Licensor and payment thereof by Licensee can be found in the ''LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. If Licensor performs any Safety Measures, Licensee agrees that Licensee is not relieved of any of responsibilities or liabiliti es set forth in thi s Agreement. C . For flagging, the rate of pay per hour for each flagger will be the prevailing hourly rate in effect for an eight-hour day for the class of flagmen used during regularly assigned hours and overtime in accordance with Labor Agreements and Schedules in effect at the time the work is p erformed. In addition to the cost of such labor, a composite charge for vacation, holiday, health and welfare, supplemental sickness, Railroad Retirement and unemployment compensation, supplemental pension, Employees Liabi lity and Pr operty Damage, and A dm inistrati on will be included, computed on actual payroU. The composite charge will be the prevailing composite charge i n effect at the time the work is performed. One and one-half times the current hourly rate is paid for overtime, Saturdays and Sundays, and two and one- half times current hourly rate for holidays. Wage rates are subject to change, at any time, by Jaw or by agreement between Licensor and its employees, and may be retroactive as a res ult of negotiations or a ruling of an authoriz.ed governmental agency. Additional charges on labor are also s ubject to change. If the wage rate or additional charges are changed, Licensee (o r the governmental entity, as applicable) shall pay on the basis of the new rates and charges. D. Reimbursement to Licensor will be required covering the full e ight-hour day during which any flagger is furnished, unless the flagger can be assigned to other railroad work during a portion of such day, in which event reimbursement will not be required for the portion of the day during which the flagger is engaged in other railroad work. Reimbursement will also be required for any day not actually worked by the flaggers following the flaggers' assignment to work on the project for which Licensor is required to pay the flaggers and which could not reasonably be avoided by Licensor by assignment of such flaggers to other work, even though Licensee may not be working during such time. When it becomes necessary for Licensor to bulletin and assign an employee to a flagging position in compliance with union collective bargaining agreements, Licensee must provide Licensor a minimum of five (5) days notice prior to the cessation of the need for a flagger. If five (5) days notice of cessation is not given, Licensee will still be required to pay flagging charges for the days the flagger was scheduled, even though flagging is no longer required fo r that period. An additional ten (10) days notice must then be given to Licensor if flagging services are needed again after such five day cessation notice has been given to Licensor. Section 5. SAFETY. A. Safety of personnel, property, rail operations and the public is of paramount importance in the prosecution of any work on Railroad Property performed by Licensee or its contractor, and takes precedence over any work on Licensee's Facilities to be perfonned by Li censee or its contractors. Licensee shall be responsible for initiating, maintaining and supervising all safety operations and program s in connection with any work on Licensee's Facilities. Licensor and its contractor shall, at a minimum comply, with Licensor's then current safety stand ards located at the below web address ("Licensor's Safety Standards") to ensure uniformity with the safety standards followed by Licensor's own forces . As a part of Licensee's safety responsibilities, Licensee shall notify Licensor if it determines that any of Licensor's Safety Standards are contrary to good safety practices. Licensee and its contractor shall furnish copies of L icensor's Safety Standards to each of its employees before they enter Railroad Property found at the link below. Union Pacific Current Safety Requirements B. Licensee shall keep the job site on Railroad Property free from safety and health hazards and ensure that their employees are competent and adequately trained in all safety and health aspects of the work. C. Licensee represents and warrants that all parts of Licensee's Facilities within and outside of the Umits of Railroad Property will not interfere whatsoever with the constant, continuous, and uninterrupted use of the tracks, property, and facilities of Licensor, and nothing shall be done or suffered to be done by Licensee at any time that would in any manner impair the safety thereof. Licensee shall take all suitable precaution to prevent interference (by induction, leakage of electricity, or otherwise) with the operation of the signal, communication lines or other installations or facilities of Licensor or of its tenants. If, at any time, the operation or maintenance of Licensee's Facilities results in any electrostatic effects which Licensor deems undesirable or harmful , or causes interference with the operation of the signal, communication lines or other installations or facilities, as now exis ting or which may hereafter be provided by Licensor and/or its tenants, Licensee shall, at the sole cost and expense of Licensee, immediately modify or take action as may be necessary to eliminate such interference. D. Licensor's operations and work performed by Licensor's personnel may cause delays in Licensee's or its contractor's work on Licensee's Facilities. Licensee accepts this risk and agrees that Licensor shall have no liability to Licensee or any other person or entity for any such delays. Licensee must coordinate any work on Railroad Property by Licensee or any third party with Licensor's Field Representatives in strict compliance with the "NOTICE OF CO'MJ\.ffiNCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B . E. Licensor shall have the ri ght, if it so elects, to provide any support it deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, repair, renewal, modification, relocation, reconstruction, or removal of Licensee's Faci liti es. In the event Licensor provides such support, Licensor shall invoi ce Licensee, and Licensee shall pay Licensor as set forth in the "LICENSEE'S PAYMENT OF EXPENSES" Section of this Exhibit B. F. Licensee may use unmanned aircraft systems ("UAS") to inspect Licensee's Facilities only upon the prior authorization from and under the direction of Licensor's Field Representatives. Licensee represents and warrants that its u se of UAS on Railroad Property will comply with Licensor's then-current Urunanned Aerial Systems Policy and all applicable laws, rules and regu lations, inclu ding any applicable Federal Aviation Admini stration regulations and enactments pertaining to UAS. Section 6. PROTECTION OF FIBER OPTIC CABLE SYSTEMS. Fiber optic cable systems may be buried on Railroad Prope rty. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. In addition to the notifications required under the "NOTICE OF COMMENCEMENT OF WORK; EMERGENCIES" Section of this Exhibit B, Licensee s hall telephone Licensor durin.g nonnal business hours (7:00 a.m. to 9:00 p.m. Central Time, Monday through Friday, except for holidays) at 1-800-336-9193 (also a 24-bour, 7-day number for emergency calls) to determine if fiber optic cable is buiied anywhere on Railroad Property to be used by Licensee. If it is, Licensee shall telephone the telecommunications company(ies) involved, and arrange for a cable locator, make arrangements for relocation or other protection of the fiber optic cable, all at Licensee's expense, and will not commence any work on Railroad Property until all such protection or relocation has been completed. Section 7. LICENSEE'S PAYMENT OF EXPENSES. A. Licensee shall bear the entire cost and expense of the design, construction, maintenance, modification, re construction, repair, renewal, revision , relocation, or removal of Licensee's Facilities. B. Licensee shall fully pay for all materials joined, affixed to and labor perfonned on Railroad Property in cormection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, and shall not permit or suffer any mechanic's or materjalman's lien of any kind or nature to be enforced against the property for any work done or materials furnished thereon at the instance or request or on behalf of Licensee. L icensee shall promptly pay or discharge all taxes, charges, and assessments levied upon, in respect to, or on account of Licensee's Facilities, to prevent the same from becoming a charge or lien upon any property of Licensor, and so that the taxes, charges, and assessments levied upon or in respect to such property shall not b e increased because of the location, construction, or maintenance of Licensee's Facili ties or any improvement, appliance, or fixture cormected therewith placed upon such property, or on account of Licensee's interest therein. Where such tax, charge, or assessment may not be separately made or assessed to Licensee but shall be included in the assessment of the property of Licensor, then Licensee shall pay to Licensor an equitable proportion of such taxes determined by the value of Licensee's property upon property of Licensor as compared with fue en tire value of such property. C. As set forth in the "FLAGGING" Section of this Exhibit B, Licensor shall have the right, if it so elects, to provide any Safety Measures Licensor deems necessary for the safety of Licensor's operations and trackage during Licensee's or its contractor's construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, including, but not limited to supervision, inspection, and flagging services. Io the event Licensor provides such Safety Measures, Licensor shall submit an itemized invoice lo Licensee's notice recipient listed in the "NOTICES" Article of this Agreement. Licensee shall pay to Licensor the total amount listed on such invoice within thirty (30) days of Licensee's receipt of such invoice. Section 8. MODIFICATIONS TO LICENSEE'S FACILITIES. A. This grant is subject to Licensor's safe and efficient operation of its railroad, and continued use and improvement of Railroad Property (collectively, "Railroad's Use"). Accordingly, Licensee shall, at its sole cost and expense, modify, reconstruct., repair, renew, revise, relocate, or remove (individually, "Modification", or collectively, "Modifications") all or any portion of Licensee's Facilities as Licensor may designate or identify, in its sole discretion, (i) in the furtherance of Railroad's Use, or (ii) as is necessary to ensure safe and r eliable maintenance and operation of the facilities of Licensor and/or its tenants because of interference from Licensee's Facilities. B. Upon any Modification of all or any portion of Licensee's Facilities to another location on Railroad Property, Licensor and Licensee shall execute a Supplemental Agreement to thi s Wireline Agreement to document the Modification(s) to Licensee's Facilities on Railroad Property. If the Modifications result in Licensee's Facilities moving off of Railroad Property, this Agreement will terminate upon Licensee's completion of such Modification(s) and all requirements contained within the "TERMINATION; REMOVAL OF LICENSEE'S FAClLlTIES" Section of this Exhibit B. Any such Modification(s) off of Railroad Property will not release Licensee from any liability or other obligation of Licensee arising prior to and upon completion of any such Modifications to the Licensee's Facilities. Section 9. RESTORATION OF RAILROAD PROPERTY. In the event Licensee, in any manner moves or disturbs any property of Licensor in connection with the construction, maintenance, modification, reconstruction, repair, renewal, revision, relocation, or removal of Licensee's Facilities, then, Licensee shall , as soon as possible and at Licensee's sole cost and expense, restore Licensor's property to the same condition as the same were before such property was moved or disturbed. Section 10. A. INDEMNITY. Definitions. As used in this Section: 1. "Licensor" includes Licensor, its affiliates, its and their officers, directors, agents and employees, and other railroad companies using Railroad Property at or near the location of Licensee's installation and their officers , directors, agents, and employees. 2. "Licensee" includes Licensee and its agents, contractors, subcontractors, sub-subcontractors, empl oyees, officers, and directors, or any other p erson or entity acting on its behalf or under its control. 3. "Loss" includes claims, suits, taxes, Jo ss, damages (including punitive damages, statutory damages, and exemplary damages), costs, charges, assessments, judgments, settlements, liens, demands, actions, causes of action, fines., penalties, interest, and expenses of any nature, including c ourt costs, reasonable attorneys' fees and expenses, investigation costs, and appeal expenses. B. Licensee shall release, defend, indemnify, and hold harmless Licensor from and against any and all Loss, even if groundless, fraudulent, or false, that directly or indirectly arises out of or is related to Licensee's construction, maintenance, modification, recons truction, r e pa ir, renewal, revi sion, relocation, removal, presence, use, or operation of L~censee's Facilities, including, but not limited to, any actual or alleged : I. Bodily hann or personal injury (including any emotional injury or disease) to, or the dead1 of, any p erson(s), including, but not limited to, Licensee, Licensor, any telecommunications company, or the agents, contractors, subcontractors, sub-subcontractors, or employees of the foregoin g; 2. Damage to o r th e disturbance, loss, movement, or destru ction of Railroad Property, including loss of use and diminution in value , including, but not limited to, any telecommunications system(s) or fiber optic cable(s) on or near Railroad Property, any property of Licensee or Licensor, or any property in the care, custody, or control of L icensee or Licensor; 3 . Removal of person(s) fr om Railroad Property; 4. Any delays or interference with track or Railroad's Use caused by Licensee's activity(ies) on Railroad Property, including without limitation the cons truction, maintenance, modification, reconstruction , repair, renewal, revision, relocation, or removal · of Licensee's Faciliti es or any part thereof, any activities, labor, ma terial s, equipment, or machinery in conjunction t he rewith ; 5. Ri ght(s) or interest(s) granted pursuant to this A g reement ; 6. Electrical interference or other types of interference created or caused by o r escaping from Licensee's Facilities; 7. Licensee's br each of thi s Agreement or fail ure to comply with its provisions, including, but not limited to, any_ violation or breach by Licensee of any representations and warranties Licensee b as m a de in this Agreement; and 8. Violation by Licensee of any law, statute, ordinance, governmental administrative order, rule, or regulation, including without limitation all applicable Federal Railroad Ad ministration regulations. C. THE FOREGOING OBLIGATIONS SHALL APPLY TO TIIE FULLEST EXTENT PER.JvITITED BY LAW FOR THE BENEFIT OF LICENSOR TO LOSSES CAUSED BY, ARISING FROM, RELATING TO, OR RESULTING FROM, IN WHOLE OR JN PART, THE NEGLIGENCE OF LICENSOR, AND SUCH NEGLIGENCE OF LlCENSOR SHALL NOT UMIT, DIMlNISH, OR PRECLUDE LICENSEE'S OBLJGATIONS TO LICENSOR IN ANY RESPECT. NOTWITHSTANDING THE FOREGOING, SUCH OBLIGATION TO lNDEMNIFY LICENSOR SHALL NOT APPLY TO THE EXTENT THE LOSS IS CAUSED BY THE SOLE, ACTIVE AND DlRECT NEGLIGENCE, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT OF LICENSOR AS DETERMINED IN A FINAL JUDGMENT BY A COURT OF COMPETENT ruRISDICTION. Section 11. TERMINATION; REMOVAL OF LICENSEE'S FACILITIES. A. If Licensee does not use the right herein granted on Licensee's Facilities for one (1) year, or if Licensee continues in default in the performance of any provision of this Agreement for a period of thirty (30) days after written notice from Licensor to Licensee specifying such default, Licensor may, at its sole discreti on, t erminate this Agreement by written notice to Licensee at the address listed in the "NOTICES" Article of this Agreement. This Agreement will not terminate until Licensee complies with Paragraphs "C" and "D" of thi s Section found below. B. In addition to the provisions of Paragraph "A" above, this Agreement may be tenninated by written notice given by either party, without cause, upon thirty (30) days written notice to the non-terminating party at the address li sted in the "NOTICES" Article of this Agreement. This Agreement will not te rminate until Licensee complies with Paragraphs "C" and "D" of this Section found below. C. Prior to the effective date of any termination described in this Section, Licensee shall submit an application to Licensor's online at this link, for Licensee's removal, or if applicable, abandonment in place of Licensee's Facilities located underground on Railroad Property ("Removal/Abandonment Work"). Upon the UP Engineering Representative's approval of Licensee's application for the Removal/Abandonment Work, Licensor and Licensee shall execute a separate consent document that will govern Licensee's performance of the Removal/Abandorunent Work from those portions of Railroad Property not occupied by roadbed and/or trackage ("Consent Document"). Licensee shall then re store the impacted Railroad Property to the same or reasonably similar condition as it was prior to Licensee's in stallation of Licensee's Facilities. For purposes of this Section, Licensee's (i) performance of th e Removal/Abandonment Work, and (ii) restoration work will hereinafter be collectively referred to as the "Restoration Work". D. Following Licensee's completion of the Restoration Worlc, Licensee shall provide a written certification letter to Licensor at the address listed in the "NOTICES" Article of this Agreement which certifies that the Restoration Work has been completed in accordance with the Consent Document. Licensee shall report to governmental authorities, as required by law, and notify Licensor immediate ly if any environmental contamination is discovered during Licensee's performance of the Restoration Work. Upon discovery, the Licensee shall initiate any and all removal, remedial and restoration actions that are necessary to restore the property to its original, uncontamil1ated condition. Licensee shall provide written certification to Licensor at the address li sted in the "NOTICES" Article of this Agreement that environmental contamination has been remediated and the property has been restored in accordance with Licensor's requirements. Upon Licensor's receipt of Licensee's restoration completion certifications, this Agreement will terminate. E. In. the event that Licensee fails to complete any of the Restoration Work, Licensor may, but is not obligated, to perform the Restoration Work. Any such work actually perfonned by Licensor will be at the cost and expense of Licensee. Jn the event that Licensor performs any of the Restoration Work, Licensee shall release Licensor from any and all Loss (defined in the "INDEMNITY" Section of this Exhibit B) arising out of or relaied to Licensor's performance of the Restoration Work. F. Termination of this Agreement for any reason will not affect any of rights or obligations of the parties which may have accrued, or liabi lities or Loss (defined in the "INDEMNITY" Section of this Exhibit B), accrued or otherwise, wh ic h m ay have arisen prior to such te nnination. Approved : Insurance Group Created: 5/19/18 Last Modified: 05/l 9/l 8 Form Approved, A VP-Law EXHIBITC INSlJRANCE REQUIREMENTS In accordance with Article 5 of this Agreement, Licensee shall (1) procure and maintain at its sole cost and expense, or (2) req uire its ·Contractor(s) t o procur e and maintain, at their sole cost and expense, the followi ng insurance coverage: A. Comme r cia l Gen eral Lia bili ty Insura n ce. Commercial general liability (CGL) with a limit of not less than $2,000,000 each occurrence and an aggregate limit of not Jess than $4,000,000. CGL i nsurance m ust be written on I SO occurrence fonn CG 00 0 l 12 04 (or a substitute fonn providing equivalent coverage). The policy must also contain the folio-wing endorsement, WHI CH MUST BE STATED ON THE CERTJFlCATE OF INSURANCE: • "Contractual Liability Railroads" ISO form CG 24 17 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Railroad Company Property" as the Designated Jo b S ite. B. Business Automo b il e Coverage Insura n ce. Business auto coverage written on I SO form CA 00 01 10 0 1 (or a substitute form providing equivalent liability coverage) with a limit of not Jess $2,000,000 for each accident, and coverage must include liability arising out of any auto (including owned, h ired, and non-owned autos). The. policy must contain the following endorsements, WHICH MUST BE ST A TED ON THE CERTIFICATE OF INSURANCE: • "Coverage For Certain Operations In Connection With Railroads" ISO form CA 20 70 10 01 (or a substitute form providing equivalent coverage) showing "Union Pacific Property" as the Designated Job Site. C. Wor kers' Compen sation and Employers' Liability Insu rance. Coverage must include but not be limited to: • Licensee's statutory liability under the workers' compensation laws of the state(s) affected by this Agreement • Employers' Liability (Part B) with limits of at least $500,000 each accident, $500,000 disease policy limit $500,000 each employee. If Licensee is self-insured, evidence of state approval and excess wo rkers' compensation coverage must be provided. Coverage must include liability arising out of the U. S. Longshoremen's and Harbor Workers' Act, the Jones Act, and the Outer Continental Shelf Land Act, if applicable. D. Railroad Protective Liability Insurance. Licensee must maintain for the duration of work "Railroad Protective Liability" insurance written on ISO ·occurrence fonn CG 00 35 12 04 (or a substitute form providing equivalent coverage) on behalf of Licensor only as named insured, with a limit of not Jess than $2,000,000 per occurrence and an aggregate of $6,000,000. The definition of "JOB LOCATION" and "WORK" on the declaration page of the policy shall refer to this Agreement and shall describe all WORK or OPERATIONS perfonned under this Agreement Notwithstanding the foregoing, Licensee does not need Railroad Protective Liability Insurance after its initial construction work is complete and all excess materials have been removed from Licensor's property; PROVIDED, however, that Licensee shall procure such coverage for any subseq uent maintenance, repair, renewal, modification, reconstruction, or removal work on Licensee's Facilities. The definition of "JOB LOCATION' and "WORK" on the declaration page of the policy sha ll refer to this Agreement and shall describe all WORK or OPERATIONS perfonned under this Agreement. E. Umbrella or Excess Insurance. If Licensee utilizes umbrella or excess policies, and these policies must "follow fonn" and afford no less coverage than the primary policy. Other Requirements F. All policy(ies) required above (except worker's compensation and employers' liability) must include Licensor as "Additional Insured" using ISO Additional Insured Endorsements CG 20 26, and CA 20 48 (or substitute forms providing equivalent coverage). The coverage provided to Licensor as add itional insured s hall, to the extent provided u nder ISO Additional Insured Endorsement CG 20 26, and CA 20 48 provide coverage for Licensor's negligence whether sole or partial, active or passive, and shall not be limited by Licensee's liability under the indemnity provisions ofthis Agreement. G. Punitive damages exclusion, if any, must be deleted (and the deletion indicated on the certificate of insurance), unless (a) insurance coverage may not lawfully be obtained for any punitive damages that may arise under this Agreement, or (b) all punitive damages are prohibited by all states in which this Agreement will be performed. H. Licensee waives all rights of recovery, and its insurers also waive all rights of subrogation of damages against Licensor and its agents, officers, directors and employees for damages covered by the workers' compensation and employers' Hability or commercial umbrella or excess liability obtained by Licensee required in this Agreem ent, where permitted by Jaw. This waiver must be stated on the certificate of insurance. J. All insurance policies must be written by a reputable insurance company acceptable to Railroad or with a current Best's Insurance Guide Rating of A-and Class VII or better, and authorized to do business-in the state{s) in which the work is to be perfonned. J. The fact that insurance is obtained by Licensee or by Licensor on behalf of Licensee will not be deemed to release or diminish the liability of Licensee, including, without Iinlltation, liability under the indemnity provisions of this Agreement. Damages recoverable by Licensor from Licensee or any third party will not be limited by the amount of the required insurance coverage. City of Huntington Beach File #:19-815 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:Marie Knight, Director of Community Services Subject: Adopt Ordinance 4185 repealing Huntington Beach Municipal Code Section 2.101 relating to the dissolution of the Allied Arts Board (AAB) Approved for introduction 7/15/2019, Vote: 7-0 Statement of Issue: Adopt Ordinance 4185 to repeal Section 2.101 of the Huntington Beach Municipal Code to dissolve the Allied Arts Board. Financial Impact: Not applicable. Recommended Action: Adopt Ordinance 4185, “An Ordinance of the City of Huntington Beach Repealing Huntington Beach Municipal Code Section 2.101 Allied Arts Board.” Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: The Allied Arts Board (AAB) was established in 1979. Per Municipal Code Chapter 2.101, the purpose of the AAB is to encourage and promote cultural activities in the City and to act as an advisory body to the City Council on matters pertaining to arts and cultural affairs. The AAB currently meets once every other month. Past ongoing programs have included the twice-a-year art contest and awards ceremony recognizing the talents of our local artists and their commitment to the arts. At the time when the Allied Arts Board (AAB) was established, opportunities and advocacy for arts and culture were limited. However, since then, the number of local arts organizations has grown, as well as these groups’ presence and community involvement. Local artists now find their voice through the advocacy of several new organizations, including the Huntington Beach Art League, the City of Huntington Beach Printed on 8/1/2019Page 1 of 3 powered by Legistar™ File #:19-815 MEETING DATE:8/5/2019 Huntington Harbour Art Association, Las Damas (Sunset Beach), as well as the Huntington Beach Art Center’s Artist Council. Through the active involvement of our local artists in these groups, the prior mission and purpose of the establishment of the AAB has been shared by a variety of organizations whose purpose is to advocate for the arts. Furthermore, at the April 2, 2018, City Council Meeting, a Council Member Item was approved, which directed the City Manager to prepare a proposal for the creation of a comprehensive public art program and to review and make recommendations regarding the composition and mission of existing boards and commissions, including the AAB. Consequently, a Public Art Task Force was created, comprised of members from the AAB, Visit Huntington Beach, as well as City staff from Community Services, Community Development, and the City Manager’s Office. The Task Force looked at other cities in the region and how they handled public art, as well as the City’s public art component currently used in our development approval processes. The Task Force compiled several recommendations related to an overall Public Art Master Plan. One of those recommendations was that the Allied Arts Board be transitioned to a new entity with new roles and responsibilities pertaining to public art in Huntington Beach. Director Marie Knight met with the Allied Arts Board on July 30, 2018, to discuss this recommendation and the Board was 100% supportive of this direction. The Board members were excited about the opportunity to help shape this new venture in the city. At the August 6, 2018, City Council Study Session, Community Services Director Marie Knight and the Public Art Task Force presented a Public Art Master Plan Proposal for discussion. This proposal recommended that the AAB be transitioned to a new entity with new roles and responsibilities pertaining to public art in Huntington Beach. Additionally, a recommendation was made to engage an outside consultant to assist with finalizing the Plan, the creation of public art policies, creation of a “Call for Artist” program, and procedures and a community engagement process for the final plan. A Request for Proposal (RFP) has been conducted and staff is in the final steps of procuring consulting services, anticipating that the project will begin later this month. As of June 2019, there are currently six vacancies within the AAB due to term expirations and resignations, leaving three active members. Given that the AAB will soon transition into a new entity to work on Public Art, staff recommends that the City Council thank the AAB for its service and then dissolve the AAB at this time. Existing board members, two of whom have been members of the Task Force, would be invited to continue their participation in the existing Public Art Task Force, serving in a technical advisory capacity throughout the master plan and public engagement process. Staff has discussed this direction with members of the Allied Arts Board, and we are confident that there is a consensus of AAB members who agree with this direction. Environmental Status: Not applicable. Strategic Plan Goal: Non-Applicable - Administrative Item City of Huntington Beach Printed on 8/1/2019Page 2 of 3 powered by Legistar™ File #:19-815 MEETING DATE:8/5/2019 Attachment(s): 1.Ordinance 4185 repealing Section 2.101 relating to the Allied Arts Board 2.Huntington Beach Municipal Code Section 2.101 Legislative Draft City of Huntington Beach Printed on 8/1/2019Page 3 of 3 powered by Legistar™ Chapter 2.101 ALLIED ARTS BOARD Note * Note: § 2.101.100 repealed by Ord. 3958-11/12. 2.101.010 Established There is hereby established the Allied Arts Board. (2385-7/79, 2904-7/87) 2.101.020 Purpose The purpose of the board shall be: A. To encourage and promote cultural activities in the City. B. To act as an advisory body to the City Council on matters pertaining to arts and cultural affairs. (2385-7/79, 2904-7/87) 2.101.030 Composition A. The board shall be composed of nine members appointed by the City Council by a majority vote. At least one member of the board shall be a member of the Art Center Foundation. Notwithstanding any other provision of this Municipal Code, there shall be no limit on the number of consecutive terms a board member may serve. The term of office of the board members shall be four years. Members shall hold no paid office or employment in the City government while serving on such board. If the City Council determines that a member be retired, it may so order and appoint a successor for the unexpired term of office of such retired member. Further, members shall be privileged to retire voluntarily from the board at any time, successors to be appointed in such cases for the unexpired terms of office, and also in the event of other occurring vacancies from whatever cause, by the City Council by a majority of votes. B. Regular attendance at meetings is required of all members to enable the board to discharge its duties. A member absent from three meetings in a fiscal year shall be deemed to have resigned from the board, and immediate notification shall be given to the Mayor and City Council of such vacancy. Under extreme situations, the board may consider a request for reconsideration. (2385-7/79, 2904-7/87, 3034-4/90, 3924-12/11) 2.101.040 Secretary The Director of Community Services, or his or her designee, shall serve as secretary to the board without the power to vote, and shall keep permanent minutes of the board meetings. Newly Revised Roberts’ Rules of Order (current edition) shall govern the procedure of the meetings of the board unless inconsistent with other provisions of this chapter. (2385-7/79, 2904-7/87) 2.101.050 Authority and Responsibilities The board shall act in an advisory capacity to the City Council in matters pertaining to the arts and cultural affairs by: A. Studying, interpreting and reporting to City Council on arts activities appropriate to the City. B. Encouraging financial support from the community for cultural programs and facilities. C. Reviewing the annual budget as presented to City Council. D. Performing other functions and cooperating with other civic organizations as required. E. May request and receive from City staff, via the secretary, reports and recommendations for action consistent with the purposes and functions set forth in this and preceding sections. (2385- 7/79, 2904-7/87) 2.101.060 Meetings—Quorum The board shall meet at such time and place as it may fix by resolution. All meetings shall be open to the public. A majority of the board shall constitute a quorum for the transaction of business. (2904-7/87) 2.101.070 Acceptance of Gifts The board may accept all gifts, devices, legacies or bequests, either real or personal property from any source, public or private. An acquisition by or dispersal to the board shall be administered through the Community Services Department of the City on authorization from this board. All acquisitions and/or dispersals shall be consistent with the purposes and functions of the board as set forth in Section 2.101.020 of this chapter. (2385-7/79, 2690-7/84, 2904-7/87, 3718-8/05) 2.101.080 Mayor—Ex Officio Member The Mayor may be an ex officio member of the board or may appoint a councilmember to act as an ex officio member. (2904-7/87) 2.101.090 Election of Officers The board shall elect from its members a chairperson and vice chairperson at the regular June meeting. Such officers shall serve for one year or until their successors are elected. The chairperson and vice chairperson may make and second motions and shall have a voice and vote in all proceedings. (2904-7/87) 2.101.110 Operating Policies Except as otherwise provided in this chapter, the board shall conform to the operating policy for boards and commissions as set forth in Chapter 2.100 of this Code. (2919-12/87) City of Huntington Beach File #:19-835 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:Dave Kiff, Interim City Manager Subject: Adopt Resolution 2019-55 approving a City Manager Employment Agreement Statement of Issue: This is the Council’s consideration of an employment agreement with a permanent City Manager. Financial Impact: Details are located in Exhibit “A” of Resolution No. 2019-55 (Attachment No. 1). The City Manager’s salary and benefits are allocated in the FY 2019-20 Budget. Recommended Action: Review and consider the proposed City Manager employment agreement, and if appropriate, adopt Resolution 2019-55, “A Resolution of the City Council of the City of Huntington Beach Approving a City Manager Employment Agreement.” Alternative Action(s): Continue this item or adopt a resolution and/or employment agreement with modifications. Analysis: The City Council has conducted a nationwide recruitment to fill the position of Huntington Beach City Manager. The recruitment process began in Spring 2019, as City Manager Fred Wilson announced his retirement (which occurred in early May, 2019). Gary Phillips of Bob Murray and Associates conducted the recruitment. The Council and the recruiter reviewed the qualifications of over 90 applicants, and then narrowed down the applicants into a small group that received interviews on Saturday, June 29, 2019. Following the first interview, the Council further narrowed the applicants to a smaller group that was interviewed for a second time on Friday, July 26th. Following the July 26th meeting, the recruiter discussed a contract proposal with the preferred candidate. The proposed contract is identified as Exhibit “A” of the proposed resolution (Attachment 1). City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-835 MEETING DATE:8/5/2019 California law requires the City Council to adopt a proposed contract with a City Manager at a regular meeting, via resolution. The resolution adopting the contract is Attachment 1, with terms of the contract summarized in Exhibit “A.” Environmental Status: Not applicable. Strategic Plan Goal: Enhance and maintain high quality City services Attachment(s): 1.Resolution No. 2019-55, “A Resolution of the City Council of the City of Huntington Beach, approving a City Manager Employment Agreement,” including Exhibit “A” Employment Agreement City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™ ATTACHMENT NO. 1 RESOLUTION NO. 2019-55, INCLUDING EXHIBIT “A” - CITY MANAGER EMPLOYMENT AGREEMENT, WILL BE SUBMITTED AS A SUPPLEMENTAL COMMUNICATION TO THE CITY COUNCIL NO LATER THAN FRIDAY, AUGUST 2 AT 3:00 PM. City of Huntington Beach File #:19-825 MEETING DATE:8/5/2019 Submitted by Councilmembers Delgleize and Carr - Community Choice Energy Feasibility Study STATEMENT OF ISSUE: The concept of community choice aggregation (CCA) has gained a lot of momentum since the enactment of California’s CCA enabling legislation - Assembly Bill 117 (Chapter 838, Statutes of 2002). Under the CCA model (also known as a community choice energy model), cities and counties buy and/or generate electricity for local government, residents, and businesses and make key decisions about rates, what types of electricity to purchase, and which programs to offer customers. Though reducing electricity costs for residents, businesses, and the City are initial drivers, many cities are now also looking at it as a means of economic opportunity and job creation for their communities. Currently there are 19 operational CCAs in California (nearly 4 million customer accounts) with 9 more set to launch in 2020. Additionally, 12 cities and 7 counties are currently in the exploratory phase. In August of 2017, then Mayor Barbara Delgleize was authorized by City Council to sign a Non- Disclosure Agreement with Southern California Edison (SCE) so that the City could obtain customer class energy usage data to analyze and conduct a Community Choice Energy (CCE) feasibility study to see if a CCE would be economically feasible for the city’s customers (residential, industrial, governmental, and commercial). At that time, the Public Works Department issued a Request for Qualifications and firms submitted proposals, but the effort did not proceed from there. This Council Member Item requests that the Study be completed and the analysis reported back to the City Council, as it would be prudent for the City to at least study the feasibility of a CCE. A study that in no way means the City would leave the electric utility and form its own CCE but the City Council should at least be presented with the pros and cons. Direct the City Manager and the Public Works Director to complete a Community Choice Energy Feasibility Study and report back to the City Council within six (6) months. City of Huntington Beach Printed on 8/1/2019Page 1 of 1 powered by Legistar™ City of Huntington Beach File #:19-826 MEETING DATE:8/5/2019 Submitted by Councilmember Posey - Adopting an Annual Work Plan for the Finance Commission STATEMENT OF ISSUE: The City’s Finance Commission,as codified in the Municipal Code (Section 2.109.050),serves “only in an advisory capacity and not be vested with final authority in the establishment of priorities or the expenditure of funds.” Additionally, the Finance Commission has the duty to: 1.Review and make recommendations regarding: a.Fiscal Policies, Financial Planning, and Funding b.Annual Adopted Budget c.Proposals related to financial matters; d.Fiscal impacts of major projects; e.Service contracts on an as-needed basis; and f.Proposed State or Federal Legislation which may impact the City’s finances. 2.Perform such other duties or studies as may be directed by the City Council. I believe that it would be helpful for the Council and the community would benefit from the Finance Commission following an Annual Work Plan set forth by the City Council in January of each year. This Work Plan could be amended as needed based on the Strategic Goals set forth by the City Council.Further,if the Finance Commission wished to study an area outside of the Council-adopted Work Plan,the Finance Commission could seek the permission of the Council prior to doing so. Items in the Work Plan could include: 1.Making recommendations in regards to our Unfunded Pension Liabilities and Other Post- Employment Benefits (OPEB). 2.Studying how the Cal-PERS Board’s ESG (Environmental,Social,and Governance)5-Year Strategic Plan may impact Cal-PERS rate of return,including extrapolating those gains or losses to Huntington Beach’s Cal-PERS funds. 3.Researching funding alternatives for a Navigation Center’s purchase, lease, or operations 4.Making recommendations as to AB 8’s impacts on Huntington Beach’s property tax receipts when compared with other large California cities (i.e. the “donor county” concept) 5.Making recommendations as to how to best maintain our infrastructure (including parks)in the long term. 6.Ensuring full cost-recovery on special events 7.Analyzing our fee schedules; and 8.Recommending new revenue opportunities. Direct the City Manager and the City Attorney to amend the Municipal Code Section 12.109 to reflect (generally) that the Finance Commission: 1.Advise the City Council on financial matters related to the City’s finances as directed by the City of Huntington Beach Printed on 8/1/2019Page 1 of 2 powered by Legistar™ File #:19-826 MEETING DATE:8/5/2019 1.Advise the City Council on financial matters related to the City’s finances as directed by the City Council.The scope of each task/project assigned to the Commission by the City Council will be defined by the City Council via the Council’s adoption of a formal Work Plan at least once each year, but the Work Plan can be amended from time to time. Return to the City Council in 90 days with a proposed Municipal Code change. City of Huntington Beach Printed on 8/1/2019Page 2 of 2 powered by Legistar™